Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Loprete v Australian Crime Commission [2004] FCA 1476
STATUTES – Australian Crime Commission Act 2002 (Cth) – whether Board of Australian Crime Commission had power to amend an authorisation and determination for a special investigation – whether a new determination required under s 7C STATUTES – Acts Interpretation Act 190,1 s 33(3) – meaning of "instrument" – whether application limited to instruments of a legislative character – whether contrary intention precluded reliance on s 33(3) STATUTES – Australian Crime Commission Act 2002 (Cth), s 30(2) – whether abrogated privilege against self-incrimination in relation to foreign offences
Acts Interpretation Act 1901 (Cth) ss 33(1), 33(3) Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth) ss 7, 7B, 7C, 7G, 8, 9, 22, 24A, 28, 30, 46B
X v Australian Crime Commission [2004] FCA 1475 referred to A v Boulton (2004) 207 ALR 342 applied Barnes v Boulton [2004] FCA 1219 cited MARLENE LILLIAN LOPRETE v AUSTRALIAN CRIME COMMISSION & GEOFFREY ERNEST SAGE No S 121 of 2004 FINN J ADELAIDE 17 NOVEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S121 OF 2004
BETWEEN: MARLENE LILLIAN LOPRETE
APPLICANT
AND: AUSTRALIAN CRIME COMMISSION
FIRST RESPONDENT
GEOFFREY ERNEST SAGE
SECOND RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 17 NOVEMBER 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The application be dismissed with costs Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S121 OF 2004
BETWEEN: MARLENE LILLIAN LOPRETE
APPLICANT
AND: AUSTRALIAN CRIME COMMISSION
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