Regina (C'Wealth) v Baladjam & Ors [No 39] [2008] NSWSC 1459

Regina (C'Wealth) v Baladjam & Ors [No 39] [2008] NSWSC 1459

The ASIO Act 1979 provides a special statutory scheme for intelligence gathering. Section 25 does not require precise specification of the security matter or particularity as to the objects to be searched beyond reference to 'records or other things relevant to the security matter.' Provided the statutory requirements are met, the warrants are valid and not invalid merely for being in broad terms. The content of the warrants in question complied with the requirements of s 25.

Jurisdiction
Australia
Judgment Date
26 August 2008
Procedural Posture
Criminal / Notice of Motion to Quash ASIO Search Warrants
Outcome
Application to quash the warrants dismissed
Legal Topics
['search Warrants' 'particularity of Warrants' 'asio Act Compliance' 'intelligence Gathering' 'general Warrants']
['criminal Law' 'national Security Law'] ['search Warrants' 'particularity of Warrants' 'asio Act Compliance' 'intelligence Gathering' 'general Warrants']

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Procedural Posture

Criminal / Notice of Motion to Quash ASIO Search Warrants

Legal Issues

  1. 1 ['Whether the ASIO search warrants are invalid for failing to specify the offence or the precise security matter' 'Whether the warrants amounted to general warrants and are thus invalid under law']

Ratio Decidendi

The ASIO Act 1979 provides a special statutory scheme for intelligence gathering. Section 25 does not require precise specification of the security matter or particularity as to the objects to be searched beyond reference to 'records or other things relevant to the security matter.' Provided the statutory requirements are met, the warrants are valid and not invalid merely for being in broad terms. The content of the warrants in question complied with the requirements of s 25.

Court Disposition

Application to quash the warrants dismissed

Orders

  • ["I decline to order that the warrants in Exhibit 'A' be quashed." 'The Notice of Motion of 4 July 2008 be dismissed.']