CC Pty Ltd v Australian Crime Commission (No 2) [2007] FCA 16

CC Pty Ltd v Australian Crime Commission (No 2) [2007] FCA 16

The Board validly made the Money Laundering and Tax Fraud Determination in writing on 13 May 2003 by resolving in the terms of the draft instrument placed before it; the later signature by the Chair was only authentication. The determination also satisfied s 7C(1)(e) because cl 6 and Sch 2 identified the classes of persons to participate. Section 22 did not require the ACC to provide the issuing officer with the relevant determinations or amendments, or to recite all amendments in the supporting affidavit, unless further information was requested. The challenges to the determinations and search warrants therefore failed.

Jurisdiction
Australia
Judgment Date
25 January 2007
Procedural Posture
Administrative Law Application Challenging Validity of Australian Crime Commission Search Warrants and Board Determinations / Final Judgment on Application for Injunction and Declarations
Outcome
Application dismissed.
Legal Topics
['australian Crime Commission Act 2002 (cth)' 'validity of Board Determination' 'special Investigation Determination' 'search Warrants' 'powers of Search and Seizure' 'statutory Construction']
['administrative Law'] ['australian Crime Commission Act 2002 (cth)' 'validity of Board Determination' 'special Investigation Determination' 'search Warrants' 'powers of Search and Seizure' 'statutory Construction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law Application Challenging Validity of Australian Crime Commission Search Warrants and Board Determinations / Final Judgment on Application for Injunction and Declarations

Legal Issues

  1. 1 ['Whether the Board of the Australian Crime Commission determined in writing that the Money Laundering and Tax Fraud investigation was a special investigation under s 7C(1)(d) and s 7C(3) of the Australian Crime Commission Act 2002 (Cth).' 'Whether the 2004 Amendment and 2005 Amendment were invalid because the original Money Laundering and Tax Fraud Determination was invalid.' 'Whether the Money Laundering and Tax Fraud Determination satisfied s 7C(1)(e) by determining in writing the class or classes of persons to participate in the investigation.' 'Whether the search warrants issued on 7 November 2005 were invalid because the ACC did not provide the issuing officer with the relevant determination and amendments or recite all relevant determinations in the supporting affidavit.']

Ratio Decidendi

The Board validly made the Money Laundering and Tax Fraud Determination in writing on 13 May 2003 by resolving in the terms of the draft instrument placed before it; the later signature by the Chair was only authentication. The determination also satisfied s 7C(1)(e) because cl 6 and Sch 2 identified the classes of persons to participate. Section 22 did not require the ACC to provide the issuing officer with the relevant determinations or amendments, or to recite all amendments in the supporting affidavit, unless further information was requested. The challenges to the determinations and search warrants therefore failed.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']