Seeter Pty Ltd v The Commonwealth of Australia [2004] FCA 1104

FEDERAL COURT OF AUSTRALIA

Seeter Pty Ltd v The Commonwealth of Australia [2004] FCA 1104 ADMINISTRATIVE LAW – decision of Justice of the Peace to issue search warrants pursuant to s 3E(1) of the Crimes Act 1914 (Cth) – public interest immunity – decision of issuing Justice to issue warrants is a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – Administrative Decisions (Judicial Review) Act 1977 (Cth) exempts such decisions from the requirement to give reasons – application to cross-examine Justice of the Peace as to 'thought processes' – whether search warrants can be issued for confidential fishing logs SEARCH WARRANTS – allegation of offences under the Great Barrier Reef Marine Park Act 1975 (Cth) and the Fisheries Management Act 1991 (Cth) – validity of search warrants – whether the name of issuing officer must appear on the face of the search warrant – whether alleged offences lack specificity and whether this results in invalidity – interpretation of s 38CB(1)(c) of the Great Barrier Reef Marine Park Act 1975 (Cth) – whether there is uncertainty in the boundaries of the areas of the Great Barrier Reef Marine Park – whether the materials seized are within the descriptions in the search warrants Great Barrier Reef Marine Park Act 1975 (Cth) ss 3, 3B, 30, 31, 38CA, 38CB, Schedule 1 Fisheries Management Act 1991 (Cth) s 95 Crimes Act 1914 (Cth) ss 3E(1), 3R, 3C(1), 3L Judiciary Act 1903 (Cth) s 39B(1A) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Fisheries Management Regulations 1992 (Cth) reg 36 Commonwealth of Australia Gazette No. S242, 19 November 1981 Commonwealth of Australia Gazette No. S195, 31 August 1983 Seeter Pty Ltd v The Commonwealth of Australia (2003) FCA 1330 referred to George v Rockett (1990) 170 CLR 104 referred to Baker v Campbell (1983) 153 CLR 52 referred to Alister v The Queen (1983-1984) 154 CLR 404 referred to Crowley v Murphy (1981) 52 FLR 123 referred to Reynolds v Metropolitan Police Commissioner (1985) 1 QB 881 referred to Beneficial Finance Corporation Ltd v Commissioner of Australian Federal Police (1991) 31 FCR 523 referred to Grofam Pty Ltd v Macauley (1993) 43 FCR 404 referred to Rogers v Jacobsen (1995) 40 ALD 179 applied