XXVII v The Commonwealth of Australia [2017] FCA 320

FEDERAL COURT OF AUSTRALIA

XXVII v The Commonwealth of Australia [2017] FCA 320 File number: SAD 76 of 2016

Judge: CHARLESWORTH J

Date of judgment: 29 March 2017

Catchwords: ADMINISTRATIVE LAW — validity of determination made and summons issued under the Australian Crime Commission Act 2002 (Cth) — whether Board of the Australian Crime Commission may authorise a special investigation of indeterminate length — determination valid — summons valid — summons not "spent" STATUTORY INTERPRETATION — effect of amendment to an Act — whether an instrument made under an Act prior to amendments remained operative after amendments — instrument remained operative notwithstanding amendments STATUTORY INTERPRETATION — whether an instrument issued pursuant to s 33(3) of the Acts Interpretation Act 1901 (Cth) constitutes a substantive amendment to a determination under s 7C(3) of the Australian Crime Commission Act 2002 (Cth) — temporal limit on investigation removed — where reason for or scope or purpose of investigation remained unaltered by the amending instrument — no new investigation — unnecessary for condition under s 7C(3) to be observed — condition observed in any event

Legislation: Acts Interpretation Act 1901 (Cth), ss 2, 7, 11B, 15AA, 33, 46 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 6 Australian Crime Commission Act 2002 (Cth), ss 4, 7, 7A, 7B, 7C, 9, 16, 19, 19A, 20, 22, 24A, 25A, 28, 28(1A), 30, 37, 46B, 47, 57, 59 Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cth) Australian Crime Commission Establishment Act 2002 (Cth) Judiciary Act 1903 (Cth), s 39B Law Enforcement Legislation Amendment (Powers) Act 2015 (Cth), s 2, cl 37, 38 National Crime Authority Act 1984 (Cth), ss 4, 13, 14