Oke v Commissioner of the Australian Federal Police [2007] FCA 27

FEDERAL COURT OF AUSTRALIA

Oke v Commissioner of the Australian Federal Police [2007] FCA 27

ADMINISTRATIVE LAW – powers of search and seizure – Crimes Act 1914 (Cth) – s 3E search warrant - copy of search warrant made available to occupier pursuant to s 3H(1) incomplete - whether execution of warrant unlawful because the copy provided to the occupier did not contain the name of the issuing officer and the time at which the warrant expired – whether execution of search warrant unlawful because the copy provided to the occupier did not have attached the guidelines for claiming legal professional privilege ADMINISTRATIVE LAW – powers of search and seizure – Crimes Act 1914 (Cth) – s 3E search warrant – seizure of laptop computer - whether executing officer had reasonable grounds for suspecting laptop contained evidential material – where contents of laptop computer not inspected prior to seizure LEGAL PROFESSIONAL PRIVILEGE – powers of search and seizure – Crimes Act 1914 (Cth) – s 3E search warrant – validity of execution of search warrant - guidelines for treatment of claims of legal professional privilege - whether possible to lawfully seize an item the subject of a disputed claim of legal professional privilege – where documents the subject of a claim of legal professional privilege inspected by Australian Federal Police during execution of search warrant HELD: Execution of search warrant unlawful for non compliance with s 3H Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Crimes (Search Warrants and Powers of Arrest) Amendment Act 1994 (Cth) Acts Interpretation Act 1901 (Cth) Baker v Campbell (1983) 153 CLR 52 followed Seeter Pty Ltd v Commonwealth (2004) 210 ALR 437 distinguished Saunders v Commissioner, Australian Federal Police (1998) 86 FCR 51 referred to Ousley v The Queen (1997) 192 CLR 69 referred to Arno v Forsyth (1986) 9 FCR 576 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to Hart v Commissioner of Australian Federal Police (2002) 124 FCR 384 considered Lawrie v Muir [1950] SLT 37 referred to George v Rockett (1990) 170 CLR 104 referred to Woodroffe v National Crime Authority [1999] FCA 591 referred to Harts Australia Ltd v Commissioner, Australia Federal Police (1997) 75 FCR 145 referred to Wright v Queensland Police Service [2002] 2 Qd R 667 distinguished Australian Airlines Ltd (1991) 28 FCR 360 cited JMA Accounting Pty Ltd v Commissioner of Taxation [2004] FCAFC 274 considered Commissioner for Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 referred to Saunders v Commissioner, Australian Federal Police (1998) 160 ALR 469 referred to