Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caratti v Commissioner of the Australian Federal Police [2019] FCAFC 123 Appeal from: Caratti v Commissioner of the Australian Federal Police [2018] FCA 907
File number: WAD 311 of 2018
Judges: KERR, STEWARD AND BANKS-SMITH JJ
Date of judgment: 2 August 2019
Catchwords: STATUTORY INTERPRETATION – where liquidators of companies made requests to the Commissioner of the Australian Federal Police for copies of seized books and records pursuant to s 3N of the Crimes Act 1914 (Cth) – whether appellant had standing to seek injunctive relief to prevent copies of the seized books and records being provided to the liquidators – whether a company can be an "occupier" for the purpose of s 3N – whether a request pursuant to s 3N must be made at the time the warrant is executed
Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 2C Crimes Act 1914 (Cth) Pt IAA, Div 2, ss 3G, 3H, 3J, 3JA, 3K, 3L, 3N, 3P Crimes (Search Warrants and Powers of Arrest) Amendment Bill 1994 (Cth) Review of Commonwealth Criminal Law: Fourth Interim Report (Australian Government Publishing Service, 1990)
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