B v Australian Crime Commission [2011] FCA 1046

FEDERAL COURT OF AUSTRALIA

B v Australian Crime Commission [2011] FCA 1046 Citation: B v Australian Crime Commission [2011] FCA 1046

Parties: B v AUSTRALIAN CRIME COMMISSION and Jeffrey Philip Anderson

File number: SAD 14 of 2011

Judge: BESANKO J

Date of judgment: 8 September 2011

Catchwords: ADMINISTRATIVE LAW — application under s 39B of the Judiciary Act 1901 (Cth) and ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for declarations and injunctions in relation to decisions and conduct of the Australian Crime Commission ('Commission') and its examiner under the Australian Crime Commission Act 2002 (Cth) ('the Commonwealth Act') and Australian Crime Commission (South Australia) Act 2004 ('the State Act') — where Board of Commission had made instrument pursuant to s 55A(3) of Commonwealth Act authorising special investigation into criminal activity under State Act — where applicant summoned to be examined and to produce documents pursuant to the determination — where determination referred to 'clause 4' but the determination contained no clause 4 — whether therefore determination did not satisfactorily describe investigation as required by s 8(4)(a) of the State Act — consideration of uncertainty as ground for judicial review — where examiner not listed in determination in classes of person to participate in the investigation — whether the examiner had authority to issue the summons given requirement of s 8(1)(b) of the State Act — where criminal proceedings pending against applicant in State court Held: The application was dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Australian Crime Commission Act 2002 (Cth) ss 4, 55A Australian Crime Commission (South Australia) Act 2004 (SA) ss 3, 8, 19, 21 Judiciary Act 1901 (Cth) s 39B Australian Crime Commission — State Special Investigation Consent and Determination (High Risk Crime Groups — South Australia) 2009