CC Pty Ltd v Australian Crime Commission [2006] FCA 1230

FEDERAL COURT OF AUSTRALIA

CC Pty Ltd v Australian Crime Commission [2006] FCA 1230

PUBLIC INTEREST IMMUNITY – Australian Crime Commission – discovery and production of documents – whether documents subject to public interest immunity – whether documents relevant Sankey v Whitlam (1978) 142 CLR 1 referred to Alister v The Queen (1983) 154 CLR 404 referred to CC PTY LTD & ORS v AUSTRALIAN CRIME COMMISSION AND THE BOARD OF THE AUSTRALIAN CRIME COMMISSION SAD 315 OF 2005

MANSFIELD J

12 SEPTEMBER 2006

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 315 OF 2005

BETWEEN: CC PTY LTD & ORS

Applicants

AND: AUSTRALIAN CRIME COMMISSION

First Respondent

THE BOARD OF THE AUSTRALIAN CRIME COMMISSION

Second Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 12 SEPTEMBER 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Vary the order for discovery made on 30 May 2006 by substituting orders that the respondents file and serve a list of documents which discovers (to the extent to which the respondents have not already discovered to the applicants): (a) The Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) 2003; (b) The Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) Amendment No.1 of 2004; the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) Amendment No.1 of 2005; and the Australian Crime Commission – Operation and Investigations (Participants) Determination 2003; (c) The minutes of the second respondent which, but only to the extent to which, they record: i. the fact of the making and the time of the making of the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) 2003, the Australian Crime Commission Special Investigation Authorisation and Determination (Firearms Trafficking) 2003, the Australian Crime Commission Special Investigation Authorisation and Determination (Established Criminal Networks) 2003 and the Australian Crime Commission Special Investigation Authorisation and Determination (South East Asian Organised Crime) 2003; and ii. the time taken by the second respondent in the making of the said determinations. 1. The application of the respondents that the minutes of the second respondent of 13 May 2003 to be discovered, and which do not relate to the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) 2003, not be produced for inspection on the ground of public interest immunity, is refused. 1. Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), direct that the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) 2003, the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) Amendment No.1 of 2004, the Australian Crime Commission Special Investigation Authorisation and Determination (Money Laundering and Tax Fraud) Amendment No.1 of 2005 and the Australian Crime Commission – Operation and Investigations (Participants) Determination 2003 not be published to any person other than to counsel and solicitors for the applicants. 1. Liberty to any person with a proper interest to apply to vary or discharge Order 3 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA