A2 v Australian Crime Commission [2006] FCA 106

FEDERAL COURT OF AUSTRALIA A2 v Australian Crime Commission [2006] FCA 106 ADMINISTRATIVE LAW – validity of warrants – warrants for purpose of Australian Crime Commission special investigation – whether power to issue and execute warrants limited – whether for use in criminal prosecution process

Ryder v Morley (1987) 16 FCR 257 applied Ryder v Morley (1986) 12 FCR 438 cited Malubel Pty Ltd v Elder [1997] FCA 1535 cited Malubel Pty Ltd v Elder (1998) 88 FCR 242 cited Abebe v Commonwealth (1999) 197 CLR 510 cited Federal Commissioner of Taxation v Scully (2000) 201 CLR 148 cited Adler v Gardiner (2002) 43 ACSR 24 cited Kennedy v Baker (2004) 135 FCR 520 cited Hart v Commissioner of the Australian Federal Police (2002) 124 FCR 384 cited Harts Australia Ltd v Australian Federal Police (1997) 75 FCR 145 cited Jilani v Wilhelm [2005] FCAFC 269 cited

Judiciary Act 1903 (Cth) Crimes Act 1914 (Cth) Australian Crime Commission Act 2002 (Cth) Criminal Code Act 1995 (Cth) Proceeds of Crime Act 1987 (Cth) Crimes (Search Warrants and Powers of Arrest) Amendment Act 1994 (Cth) Proceeds of Crime Act 2002 (Cth) Australian Crime Commission Establishment Act 2002 (Cth) National Crime Authority Act 1984 (Cth)

A2 v AUSTRALIAN CRIME COMMISSION AND IAN PEEBLES NSD 1997 OF 2005 YOUNG J 16 FEBRUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1997 OF 2005

BETWEEN: A2

APPLICANT

AND: AUSTRALIAN CRIME COMMISSION

FIRST RESPONDENT

IAN PEEBLES

SECOND RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 16 FEBRUARY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.