'D' v Australian Crime Commission [2006] FCA 660

FEDERAL COURT OF AUSTRALIA

'D' v Australian Crime Commission [2006] FCA 660

ADMINISTRATIVE LAW – Australian Crime Commission – special investigation – determination of the class or classes of persons to participate in the investigation – summons to appear before an examiner – form of summons

HELD: (i) The Board of the Commission did determine the class or classes of persons to participate in the special investigation within the meaning of s 7C(1)(e) of the Australian Crime Commission Act 2002 (Cth); (ii) The summons did comply with s 28(3). Australian Crime Commission Act 2002 (Cth) Public Service Act 1999 (Cth) Australian Security Intelligence Organisation Act 1979 (Cth) National Crime Authority Act 1984 (Cth) Australian Crime Commission Establishment Bill 2002 P v Australian Crime Commission [2006] FCAFC 54 followed S v Australian Crime Commission [2006] FCAFC 5 followed X v ACC [2004] FCA 1475 followed S v ACC (2005) 225 ALR 123 referred to Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476 referred to King Gee Clothing Company Proprietary Limited v The Commonwealth (1945) 71 CLR 184 discussed Cann's Proprietary Limited v The Commonwealth (1946) 71 CLR 210 referred to Brudenell v Nestlé Company (Australia) Ltd [1971] VR 225 discussed Racecourse Co-operative Sugar Association Limited v Attorney-General (Queensland) (1979) 142 CLR 460 discussed

'D' v AUSTRALIAN CRIME COMMISSION & BOARD OF THE AUSTRALIAN CRIME COMMISSION & JOHN PLANTA HANNAFORD SAD 186 of 2005 MANSFIELD J 30 MAY 2006 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 186 OF 2005

BETWEEN: 'D'

APPLICANT

AND: AUSTRALIAN CRIME COMMISSION

FIRST RESPONDENT

BOARD OF THE AUSTRALIAN CRIME COMMISSION

SECOND RESPONDENT