Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samsonidis v Commissioner, Australian Federal Police [2006] FCA 1592 ADMINISTRATIVE LAW – Telecommunications (Interception and Access) Act 1979 – 'lawfully intercepted information' – transcript of telephone interception – whether respondent is prohibited from communicating lawfully intercepted information to person to whom it has already been published Held: Where lawfully intercepted information is published to a person and may be used against him in criminal proceedings, the Telecommunications (Interception and Access) Act 1979 does not prevent the respondent from communicating that information to that person, even if publication has not been to the world at large. Telecommunications (Interception and Access) Act 1979 (Cth), ss 6E, 6EA 7, 63, 67 Freedom of Information Act 1982 (Cth), ss 11, 38, Sch 3 Acts Interpretation Act 1901 (Cth), s 15AA Kizon v Palmer (1997) 72 FCR 409 followed Ryan v Director-General of New South Wales National Parks and Wildlife Service [2004] NSWIRComm 160 approved Carmody v MacKellar [1996] 791 FCA 1 cited Taciak v Commissioner of Australian Federal Police (1995) 59 FCR 285 at 297 cited R v Reardon [2004] NSWCCA 197 cited R v Ulman-Naruniec [2003] SASC 437 cited DIMITRIOS SAMSONIDIS v THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE VID 1010 OF 2006
SUNDBERG J
24 NOVEMBER 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1010 OF 2006
BETWEEN: DIMITRIOS SAMSONIDIS
Applicant
AND: THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE
Respondent
JUDGE: SUNDBERG J
DATE OF ORDER: 24 NOVEMBER 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT The parties bring in short minutes reflecting these reasons for judgment by 1 December 2006. If they are unable to agree on appropriate orders, they are to file and serve written submissions of no more than five pages by 15 December 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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