Ozzy Tire & Tube Pty Ltd v Chief Executive Officer of Customs [2000] FCA 891

FEDERAL COURT OF AUSTRALIA

Ozzy Tyre & Tube Pty Ltd v Chief Executive Officer of Customs [2000] FCA 891

SEARCH WARRANTS – warrant framed as "three condition" warrant is not for that reason invalid – whether the third condition failed to sufficiently limit the warrant because it was unlimited as to time and manner of breach – whether a condition which "rolls-up" allegations of more than one offence invalidates the warrant – there is no requirement that each offence must be stated in a separate paragraph - whether use of the phrase "systematic breach" provided any practical limitation to the scope of search – a search warrant is required to disclose the offence in question so as to indicate the area of the search – the statement of the offence in a warrant need not be made with the precision of an indictment – lack of reference to the mental element of the offence does not invalidate the warrant where the section number and statute prescribing the offence has been stated – a warrant must be considered as a whole – sufficiency is determined from the standpoint of the ordinary person reading the warrant WORDS AND PHRASES – evidential material Crimes Act 1914 (Cth) ss 3(1)(b), 3C(1), 3E Customs Act 1901 (Cth) ss 183UA, 198, 198(3), 198(3)(a), 233(1)(a), 234(1)(a), 234(1)(d), 234(1)(d)(i) Dunesky v Elder (1994) 54 FCR 540 cited Grollo v Macauley (1995) 56 FCR 533 cited Harts Australia Ltd v Commissioner, Australian Federal Police (1997) 75 FCR 145 applied Malubel Pty Ltd v Elder (1998) 88 FCR 242 referred to George v Rockett (1990) 170 CLR 104 applied Beneficial Finance Corporation v Commissioner of Australian Federal Police (1991) 31 FCR 523 applied Ousley v The Queen (1997) 192 CLR 69 applied Australian Broadcasting Corporation v Cloran (1984) 4 FCR 151 distinguished Brewer v Castles (1984) 1 FCR 55; Brewer v Castles (No 2) (1984) 52 ALR 577 cited Commonwealth of Australia v Northern Land Council (1991) 30 FCR 1 referred to The Compagnie Financiere et Commerciale du Pacifique v The Peruvian Guano Co (1882) 11 QBD 55 cited Cosco Holdings Pty Ltd v Federal Commissioner of Taxation (1997) 37 ATR 432 applied