Commissioner of the Australian Federal Police v Luppino [2021] FCAFC 43

Federal Court of Australia

Commissioner of the Australian Federal Police v Luppino [2021] FCAFC 43 Appeal from: Luppino v Fisher (No 2) [2019] FCA 1100

File number: SAD 163 of 2019

Judgment of: BESANKO, WIGNEY AND ABRAHAM JJ

Date of judgment: 25 March 2021

Catchwords: CRIMINAL LAW — appeal from an order of the primary judge that an order of a magistrate made pursuant to s 3LA of the Crimes Act 1914 (Cth) is invalid — where an order pursuant to s 3LA was made in respect of a smart phone seized during the execution of a warrant for the search of a person — whether natural justice attaches to an application under s 3LA and the appellant was entitled to a hearing before the s 3LA Order was made — statutory construction of s 3LA — whether the s 3LA Order requires details of the information or assistance to be provided by the person to whom the order is directed — whether the s 3LA Order requires information as to the place at which and the time within which the information or assistance must be provided — whether the s 3LA Order contains the required details of the particular computer or data storage device which is the subject of the order — whether smart phone is a "computer or data storage device" for the purposes of s 3LA — whether breaches of various statutory provisions result in invalidity — whether the legislature intended to abrogate or curtail the privilege against self-incrimination — appeal allowed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Crimes Act 1914 (Cth) Div 2 of Pt 1AA, ss 3, 3C, 3E, 3F, 3G, 3K, 3L, 3LA, 3LAA, 3UC, 3ZC, 3ZH, 3ZJ, 3ZL, 3ZQM, 3ZQO, 23ZA, 23ZD, 23ZF Crimes Legislation Amendment Act 2011 (No 2) (Cth) Crimes Legislation Amendment (Serious and Organised Crime) Act (No 2) 2010 (Cth) Criminal Code 1995 (Cth) s 400.4 Cybercrime Act 2001 (Cth)