Wong v Commissioner, Australian Federal Police [2014] FCA 443

FEDERAL COURT OF AUSTRALIA

Wong v Commissioner, Australian Federal Police [2014] FCA 443 Citation: Wong v Commissioner, Australian Federal Police [2014] FCA 443

Parties: WONG CHANG SONG v COMMISSIONER, AUSTRALIAN FEDERAL POLICE and MAGISTRATE JANE MACLEAN

File number: VID 222 of 2014

Judge: PAGONE J

Date of judgment: 7 May 2014

Catchwords: ADMINISTRATIVE LAW – application to set aside search warrant – onus on applicant to establish that insufficient evidence to produce relevant suspicion – applicant required to establish absence of "foundational facts" for relevant suspicion – nature of offences in question relevant to determining foundational facts that may give rise to relevant suspicion – whether affidavit in support of warrant application provided information sufficient to produce suspicion on reasonable grounds that evidential material present at applicant's premises which would afford evidence as to commission of specified offences – whether warrant application made for improper purpose – improper purpose not to be inferred lightly – presumption of regularity.

Legislation: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 142 Criminal Code Act 1995 (Cth), s 400.9 Proceeds of Crime Act 2002 (Cth), s 19, s 202

Cases cited: Egglishaw v Australian Crime Commission (2006) 230 ALR 254 George v Rockett (1990) 170 CLR 104 Industrial Equity Ltd v Deputy Commissioner of Taxation (1990) 170 CLR 649 Kennedy v Baker (2004) 135 FCR 520 Ousley v The Queen (1997) 192 CLR 69 Queensland Bacon Pty Ltd v Rees (1996) 115 CLR 266 Williams v Keelty (2001) 111 FCR 175