ZX v Commonwealth of Australia [2018] FCA 1617

FEDERAL COURT OF AUSTRALIA

ZX v Commonwealth of Australia [2018] FCA 1617 File number: SAD 376 of 2015

Judge: WHITE J

Date of judgment: 29 October 2018

Catchwords: ADMINISTRATIVE LAW – Australian Crime Commission (ACC) – application for judicial review – whether the ACC Board had the power by an instrument in 2016 to amend a determination made in 2013 – s 33(3) of the Acts Interpretation Act 1901 (Cth) authorises amendment of a determination made pursuant to s 7C of the Australian Crime Commission Act 2002 (Cth) (ACC Act) – where s 7C amended after the making of the 2013 Determination but before the 2016 Instrument – whether the ACC Board had to comply with the amended s 7C when making the 2016 Instrument – whether the change to the special operation to make it one of indefinite duration was a change to the "reason, scope or purpose" of the operation – whether the Board complied with s 7C of the ACC Act in making the 2016 Instrument – whether the 2016 Instrument was a "new" determination – whether the 2016 Instrument should have been served on the Applicant pursuant to s 28(2) of the ACC Act when the 2016 Instrument did not exist at the time of the service of the summons – whether the 2016 Instrument is invalid as it provides for an operation of indefinite duration – application for judicial review dismissed.

Legislation: Acts Interpretation Act 1901 (Cth) s 33 Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Crime Commission Act 2002 (Cth) ss 4, 4A, 7A, 7C, 12, 20, 21, 21A, 22, 23, 24, 24A, 28, 30, 34A-34E, 46B Judiciary Act 1903 (Cth) s 39B Law Enforcement Legislation Amendment (Powers) Act 2015 (Cth)