CC Pty Ltd v Australian Crime Commission (No 2) [2007] FCA 16

FEDERAL COURT OF AUSTRALIA

CC Pty Ltd v Australian Crime Commission (No 2) [2007] FCA 16 ADMINISTRATIVE LAW – Australian Crime Commission Act 2002 (Cth) – validity of Board determination - whether adoption by resolution of a draft instrument satisfied requirement that the Board 'determine, in writing' the matters contained in the draft instrument under s 7C(3) of the Act – whether wording of determination satisfied s 7C(1)(e) of the Act ADMINISTRATIVE LAW – Australian Crime Commission Act 2002 (Cth) – powers of search and seizure – whether issuing officer provided with adequate materials on application for search warrants under s 22 of the Act HELD: Application dismissed. Australian Crime Commission Act 2002 (Cth)

Parker v Federal Republic of Germany (1997) 95 A Crim R 174 considered Wouters v Deputy Commissioner of Taxation (1988) 20 FCR 342 considered Registrar of Titles of the State of Western Australia v Franzon (1975) 132 CLR 611 referred to McGraw-Hinds (Aust) Pty Ltd v Smith (1978) 144 CLR 633 referred to Murphy v Farmer (1988) 165 CLR 19 referred to Hogan v Australian Crime Commission (2005) 154 A Crim R 336 cited S v Australian Crime Commission (2005) 144 FCR 431 cited S v Australian Crime Commission (2006) 149 FCR 361 cited P v Board of the Australian Crime Commission (2006) 151 FCR 114 cited Plaintiff S157/2002 v The Commonwealth (2003) 211 CLR 476 referred to CC PTY LTD AND OTHERS v AUSTRALIAN CRIME COMMISSION AND THE BOARD OF THE AUSTRALIAN CRIME COMMISSION SAD 315 OF 2005

MANSFIELD J

25 JANUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 315 OF 2005

BETWEEN: CC PTY LTD AND OTHERS

Applicants

AND: AUSTRALIAN CRIME COMMISSION

First Respondent

THE BOARD OF THE AUSTRALIAN CRIME COMMISSION

Second Respondent