Brown, P.J. v. Commissioner of the Australian Federal Police & Ors [1988] FCA 264

JUDGMENT No, 264.7, 83—.

CATCHWORDS

ADMINISTRATIVE LAW - confidentiality of tapes recorded pursuant to warrants issued under Telecommunications (Interception) Act - whether provisions as to secrecy protect the intercepted material - duty of the Australian Federal Police - whether agreement to release tapes to ABC breach of

duty under the Act

Telecommunications (Interception) Act 1979 (Cth) s.7, s.20, B.24

Judiciary Act 1901 (Cth) s.39B

PAUL JAMES BROWN v. COMMISSIONER OF THE AUSTRALIAN FEDERAL

POLICE AND OTHERS No. Gost of 1588

Davies J. 31 May 1988 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G834 of 1988

GENERAL DIVISION

BETWEEN: PAUL JAMES BROWN Applicant AND: COMMISSIONER OF THE

AUSTRALIAN FEDERAL POLICE First Respondent AND: RAYMOND JOHN McCABE Second Respondent

AND: AUSTRALIAN BROADCASTING CORPORATION

Third Respondent

CORAM: Davies J. DATE: 31 May 1988 PLACE: Sydney

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The respondents pay the applicant's costs of the application.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G834 of 1988 )

GENERAL DIVISION )

BETWEEN: PAUL JAMES BROWN

Applicant

ig

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

First Respondent AND: RAYMOND JOHN MCCABE Second Respondent

AND: AUSTRALIAN BROADCASTING CORPORATION

Third Respondent

CORAM: Davies J. DATE: 31 May 1988 PLACE: Sydney

REASONS FOR JUDGMENT

This is an application for an order of review under the

Administrative Decisions (Judicial Review) Act 1977 (Cth),

alternately for an order under the jurisdiction conferred on this

Court by s.39B of the Judiciary Act 1901 (Cth).

The issue concerns the confidentiality of tapes contained in several suitcases which were recorded pursuant to a