High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ
X7 PLAINTIFF
AND
AUSTRALIAN CRIME COMMISSION & ANOR DEFENDANTS
X7 v Australian Crime Commission [2013] HCA 29 26 June 2013 S100/2012
ORDER
The questions asked in the Case Stated dated 23 August 2012 be answered as follows:
1. Does Div 2 of Pt II of the Australian Crime Commission Act 2002 (Cth) ("the ACC Act") empower an examiner appointed under s 46B(1) of the ACC Act to conduct an examination of a person charged with a Commonwealth indictable offence where that examination concerns the subject matter of the offence so charged?
Answer: The ACC Act does not authorise an examiner appointed under s 46B(1) of the ACC Act to require a person charged with a Commonwealth indictable offence to answer questions about the subject matter of the charged offence.
2. If the answer to Question 1 is "Yes", is Div 2 of Pt II of the ACC Act invalid to that extent as contrary to Ch III of the Constitution?
Answer: This question does not arise.
Representation
G D Wendler with A S G Cassels for the plaintiff (instructed John D Weller & Associates)
S P Donaghue SC with M J O'Meara for the defendants (instructed by Australian Government Solicitor)
Interveners
M G Sexton SC, Solicitor-General for the State of New South Wales with C L Lenehan for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))
W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))
M G Hinton QC, Solicitor-General for the State of South Australia with C Jacobi for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor (SA))
S G E McLeish SC, Solicitor-General for the State of Victoria with R J Orr for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)
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