Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABC v Sage [2009] FCA 170
ADMINISTRATIVE LAW – Australian Crime Commission – Investigation into matters related to "federally relevant criminal activity" – Investigation thus tied to "federal aspects" – Examiner with power to summons witness – Whether power extended to matters relating to offence under State law – Relationship between subject of investigation and scope of examination. ADMINISTRATIVE LAW – Power to issue summons to give evidence for purpose of investigation into criminal activities – Statutory requirement for issuing authority to be satisfied that it was reasonable to issue summons – Requirement for summons to be endorsed with statement of general nature of proposed examination – Whether scope of examination limited by basis upon which issuing authority was satisfied that it was reasonable to issue summons. CONTEMPT OF COURT – Person charged with serious offences – Person also being administratively examined in course of separate investigation into criminal activities – Whether continuation of examination would present real risk of interference with administration of justice – Relevance of prospect that person would disclose elements of defence to charges. ABC v G E (TIM) SAGE, AN EXAMINER UNDER THE AUSTRALIAN CRIME COMMISSION ACT 2002
VID 97 of 2009
JESSUP J
26 FEBRUARY 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 97 of 2009
BETWEEN: ABC
Applicant
AND: G E (TIM) SAGE, AN EXAMINER UNDER THE AUSTRALIAN CRIME COMMISSION ACT 2002
Respondent
JUDGE: JESSUP J
DATE OF ORDER: 26 FEBRUARY 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs. 3. The originals and any copies of the affidavits and of the exhibits filed in this proceeding by the respondent be released to the Australian Crime Commission on application to the Registrar not before the 22nd day after today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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