Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
XXVII v The Commonwealth of Australia [2018] FCAFC 59 Appeal from: XXVII v The Commonwealth of Australia [2017] FCA 320
File number: SAD 89 of 2017
Judges: DOWSETT, WIGNEY AND BROMWICH JJ
Date of judgment: 13 April 2018
Catchwords: ADMINISTRATIVE LAW – Australian Crime Commission – summons – special investigations –where prior authorisation and determination amended by the Board of the Australian Crime Commission – whether amendment power to be exercised by the Board "in the like manner and subject to the like conditions", as dictated by s 33(3) of the Acts Interpretation Act 1901 (Cth) – whether Board validly determined that the authorised investigation of indefinite duration was to be a special investigation – Australian Crime Commission Act 2002 (Cth) s 7C(3)
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Crime Commission Act 2002 (Cth) ss 4, 7, 7A, 7B, 7C, 7G, 8, 9, 16, 18, 22, 24A, 28, 29A, 29B, 30, 33, 46B, 49 Australian Crime Commission Establishment Act 2002 (Cth) Judiciary Act 1903 (Cth) s 39B Law Enforcement Legislation Amendment (Powers) Act 2015 (Cth)
Cases cited: A1 v National Crime Authority (1996) 67 FCR 464 Bropho v Western Australia (1990) 171 CLR 1 Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 347 ALR 173 Coco v The Queen (1994) 179 CLR 427 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2018] FCAFC 4 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49; 213 CLR 543 George v Rockett (1990) 170 CLR 104 Lee v New South Wales Crime Commission [2013] HCA 39; 251 CLR 196 LX v Commonwealth [2016] FCA 441; 338 ALR 667 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 P v Board of Australian Crime Commission (2006) 151 FCR 114 Potter v Minahan (1908) 7 CLR 277 Taylor v The Owners – Strata Plan No. 11564 (2014) 253 CLR 531 X v Australian Crime Commission (2004) 139 FCR 413 X7 v Australian Crime Commission (2013) 248 CLR 92 XCIV v Australian Crime Commission [2015] FCA 586; 234 FCR 274
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