QAAB v Australian Crime Commission [2014] FCA 747

FEDERAL COURT OF AUSTRALIA

QAAB v Australian Crime Commission [2014] FCA 747 Citation: QAAB v Australian Crime Commission [2014] FCA 747

Parties: QAAB v AUSTRALIAN CRIME COMMISSION and ANN GRAHAM, SUED IN HER CAPACITY AS AN EXAMINER APPOINTED UNDER THE AUSTRALIAN CRIME COMMISSION ACT 2002 (CTH)

File number: QUD 260 of 2014

Judge: LOGAN J

Date of judgment: 16 July 2014

Catchwords: CRIMINAL LAW – crime and corruption commissions – examination of person – where person not yet charged with offence – where, objectively, person might be suspected of the commission of an offence – right to silence – whether right extends to pre-charging investigations and inquiries – whether right abrogated by statue – accusatorial system of justice – statutory interpretation – Australian Crime Commission Act 2002 (Cth) ss 4, 4A, 7, 7A, 25A, 28, 29A, 30

Legislation: Australian Crime Commission Act 2002 (Cth) ss 4, 4A, 7, 7C, 25A, 28 Judiciary Act 1903 (Cth) Criminal Code (Cth) Pt 9.1 Drugs Misuse Act 1986 (Qld) s 8 Police Powers and Responsibilities Act 2000 (Qld) Criminal Assets Recovery Act 1990 (NSW) New South Wales Crime Commission Act 1985 (NSW) s 13

Cases cited: A v Bolton (2004) 136 FCR 420 cited Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 cited Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 followed Lake v Quinton [1973] 1 NSWLR 111 considered Lee v New South Wales Crime Commission (2013) 87 ALJR 1082 considered Lee v R (2014) 88 ALJR 656 considered Woolmington v Director of Public Prosecutions [1935] AC 462 cited X7 v Australian Crime Commission (2013) 248 CLR 92 followed