XCIV v The Australian Crime Commission [2015] FCA 586

FEDERAL COURT OF AUSTRALIA

XCIV v The Australian Crime Commission [2015] FCA 586 Citation: XCIV v The Australian Crime Commission [2015] FCA 586

Parties: XCIV v THE AUSTRALIAN CRIME COMMISSION and G.E. (TIM) SAGE

File number: NSD 498 of 2014

Judge: WIGNEY J

Date of judgment: 26 June 2015

Catchwords: ADMINISTRATIVE LAW – Australian Crime Commission – Summons – Issue of validity – Whether there was a failure to comply with s 28 of the Australian Crime Commission Act 2002 (Cth) – Consideration of examiner's reasons for issuing the summons – Whether examiner understood statutory basis of authority to issue summons ADMINISTRATIVE LAW – Australian Crime Commission – Determination and authorisation – Issue of validity – Whether the Board of the Australian Crime Commission considered whether ordinary police methods were likely to be effective – Whether there was a failure to comply with s 7C of the Australian Crime Commission Act 2002 (Cth) – Whether determination exceeds the scope of s 7C of the Australian Crime Commission Act 2002 (Cth) – Whether determination describes the general nature of the circumstances or allegations constituting the federally relevant criminal activity as required by s 7C(4)(a) of the Australian Crime Commission Act 2002 (Cth) – Whether there has been an impermissible delegation of power to make a determination to officers of the Australian Crime Commission PRACTICE AND PROCEDURE – Joinder – Application for an order to replace the respondents with the Commonwealth of Australia pursuant to r 9.08 of the Federal Court Rules 2011 (Cth) – Whether the Australian Crime Commission is improperly or unnecessarily joined as a party – Application dismissed