Price v Elder [1999] FCA 1353

FEDERAL COURT OF AUSTRALIA

Price v Elder [1999] FCA 1353 ADMINISTRATIVE LAW – SEARCH WARRANTS – execution of search warrants and seizure of a substantial quantity of documents – applications to quash decisions to issue warrants and for other consequential orders including that the police be restrained from examining the seized documents – whether the issuing officers improperly exercised their power – effect on decisions of the issuing officers where the true purpose of the warrants differed to the stated reason for their issue – relevance of the fact that the applicant had voluntarily assisted the Australian Taxation Office (ATO) by giving information about large scale tax avoidance in the computer industry – discussions between applicant and ATO not placed before the issuing officers – whether omission misleading, fraudulent or in bad faith – relevance of exculpatory material to issue of search warrants – issuing officer merely required to be satisfied that there is likely to be material at the identified premises relevant to an offence – no provision for any ordinary concept of due process in legislative scheme for the issue of warrants – need to disclose prior applications for some or similar warrants – validity of search warrant where information contains imprecision of the relevant offence

Judiciary Act 1903 (Cth), s 39B Crimes Act 1914 (Cth), ss 3C(1), 3E(1), 3E(4), 3E(5)(e), 3ZT, 29, 86 Administrative Decisions (Judicial Review) Act 1977 (Cth)

Buck v Bavone [1976] 135 CLR 110, referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] 162 CLR 24, referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] 185 CLR 259, applied Karina Fisheries Pty Ltd v Mitson [1990] 26 FCR 473, applied Beneficial Finance Corporation Ltd v Australian Federal Police [1991] 31 FCR 525, applied Lego Australia Pty Ltd v Paraggio [1993] 44 FCR 151, applied Lego Australia Pty Ltd v Paraggio [1994] 52 FCR 542, referred to Chu v Minister for Immigration & Ethnic Affairs [1997] 78 FCR 314, referred to Barker v R [1994] 127 ALR 280, referred to Puglisi v Australian Fisheries Management Authority [1997] 148 ALR 393, referred to Saunders v Commissioner of the Australian Federal Police [1998] 52 ALD 484 Malubel v Elder (Federal Court of Australia, Full Court, unreported 16 October 1998), referred to Scott v Commissioner of Police [1974] 3 All ER 1032, referred to JOHN JAMES PRICE v WENDY ELDER & ORS