Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
XX v Australian Crime Commission (No 3) [2016] FCA 437 File number: SAD 69 of 2014
Judge: PERRY J
Date of judgment: 29 April 2016
Catchwords: ADMINISTRATIVE LAW – Judicial review of summons to appear before an examiner issued by the Australian Crime Commission – Determination of the Board of the Australian Crime Commission that the investigation was a special investigation under s 7C(3) of the Australian Crime Commission Act 2002 (Cth) – Validity of Determination - Whether the Board failed to consider whether ordinary police methods were likely to be effective – Whether failure to comply with s 7C of the Australian Crime Commission Act 2002 (Cth) – whether Determination inconsistent with objects and policy of the Australian Crime Commission Act 2002 (Cth) – whether determination unreasonable. PRACTICE AND PROCEDURE – whether earlier Federal Court decision upholding the validity of the Determination is plainly wrong.
Legislation: Acts Interpretation Act 1901 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth) Judiciary Act 1903 (Cth) National Crime Authority Act 1984 (Cth)
Cases cited: AA Pty Limited v Australian Crime Commission [2005] FCA 1178; (2005) 219 ALR 666 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 Australian Crime Commission v AA Pty Ltd [2006] FCAFC 30; (2006) 149 FCR 540 BHP Billiton Iron Ore Pty Ltd v National Competition Council [2007] FCAFC 157; (2007) 162 FCR 234 Egglishaw v Australian Crime Commission [2006] FCA 819; (2009) 230 ALR 254 George v Rockett (1990) 170 CLR 104 Kennedy v Baker [2004] FCA 562; (2004) 135 FCR 520 LHRC v Deputy Commissioner of Taxation (No 3) [2015] FCA 52; (2015) 326 ALR 77 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 National Crime Authority v A1 (1997) 75 FCR 274 Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997 R v Toohey; ex parte Northern Land Council (1981) 151 CLR 170 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2; (2006) 150 FCR 214 Williams v Keelty [2001] FCA 1301; (2001) 111 FCR 175 X v Australian Crime Commission; [2004] FCA 1475; (2004) 139 FCR 413 X7 v Australian Crime Commission [2013] HCA 29; (2013) 248 CLR 92 XCIV v Australian Crime Commission [2015] FCA 586; (2015) 234 FCR 274
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