Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Day v Commissioner, Australian Federal Police [2000] FCA 1272
POST & TELECOMMUNICATIONS - telephonic interceptions conducted by first respondent in course of criminal investigation into conduct of officer of Australian Customs Service – transcripts of recorded conversations forwarded to Australian Customs Service for use in possible disciplinary action against appellant – whether primary judge erred by failing to deal with an argument advanced by the appellant below – whether the information was communicated for a 'permitted purpose' pursuant to the Telecommunications (Interception) Act 1979 (Cth) - whether, at the time of communication, there was an investigation or inquiry into appellant's alleged misconduct, under a law of the Commonwealth – whether an 'investigation or inquiry' in the relevant sense can exist unless and until a charge is laid under s 61(2) Public Service Act 1922 (Cth) - whether the information was communicated for a purpose 'connected with' a relevant investigation or inquiry WORDS AND PHRASES – investigation, inquiry Telecommunications (Interception) Act 1979 (Cth) ss 5, 63, 67, 107A(4) Public Service Act 1922 (Cth) ss 61(2), 62, 62(2)(b), Part 3 Division
Coulton v Holcombe (1986) 162 CLR 1 cited Taciak v Commissioner of Australian Federal Police (1995) 59 FCR 285 distinguished Health Insurance Commission v Freeman (1998) 158 ALR 267 cited Clough v Leahy (1904) 2 CLR 139 cited SHANE ANTHONY DAY v COMMISSIONER, AUSTRALIAN FEDERAL POLICE & ORS N 378 OF 2000 BLACK CJ, TAMBERLIN & HELY JJ 11 SEPTEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 378 OF 2000
BETWEEN: SHANE ANTHONY DAY
APPELLANT
AND: COMMISSIONER, AUSTRALIAN FEDERAL POLICE
FIRST RESPONDENT
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