R v A2; R v KM; R v Vaziri (No. 1) [2015] NSWSC 894

R v A2; R v KM; R v Vaziri (No. 1) [2015] NSWSC 894

Federal Magistrates appointed under the Federal Magistrates Act 1999 (Cth) were Justices or Judges of a court created by the Commonwealth Parliament. As such, they were capable of being declared "eligible Judges" under s.6D of the Telecommunications (Interception and Access) Act 1979 (Cth). Federal Magistrate Scarlett had given the required consent and was declared by the Attorney-General to be an eligible Judge. The later insertion of s.6DB, which expressly referred to Federal Magistrates for stored communication warrants, did not impliedly alter or confine s.6D. Accordingly, the challenged interception warrants were valid.

Jurisdiction
Australia
Judgment Date
07 July 2015
Procedural Posture
Criminal Pre Trial Application Concerning Admissibility of Evidence Obtained Under Interception Warrants / Notice of Motion Filed by the Accused on 2 June 2015 Seeking Exclusion of Evidence Before Trial
Outcome
Notice of Motion filed on behalf of the Accused on 2 June 2015 is dismissed.
Legal Topics
['validity of Interception Warrants' 'authority of Federal Magistrate to Issue Interception Warrants' 'eligible Judge Under S.6 D Telecommunications (interception and Access) Act 1979 (cth)' 'exclusion of Evidence Obtained Under Warrants']
['criminal Law' 'evidence' 'telecommunications Interception' 'statutory Construction'] ['validity of Interception Warrants' 'authority of Federal Magistrate to Issue Interception Warrants' 'eligible Judge Under S.6 D Telecommunications (interception and Access) Act 1979 (cth)' 'exclusion of Evidence Obtained Under Warrants']

Case Brief

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Procedural Posture

Criminal Pre Trial Application Concerning Admissibility of Evidence Obtained Under Interception Warrants / Notice of Motion Filed by the Accused on 2 June 2015 Seeking Exclusion of Evidence Before Trial

Legal Issues

  1. 1 ['Whether a Federal Magistrate was authorised under s.6D Telecommunications (Interception and Access) Act 1979 (Cth) to issue interception warrants.' 'Whether Federal Magistrate Scarlett was an "eligible Judge" within the meaning of the TIA Act when he issued the warrants on 7 August 2012.' 'Whether the later express reference to Federal Magistrates in s.6DB of the TIA Act affected the construction of s.6D.']

Ratio Decidendi

Federal Magistrates appointed under the Federal Magistrates Act 1999 (Cth) were Justices or Judges of a court created by the Commonwealth Parliament. As such, they were capable of being declared "eligible Judges" under s.6D of the Telecommunications (Interception and Access) Act 1979 (Cth). Federal Magistrate Scarlett had given the required consent and was declared by the Attorney-General to be an eligible Judge. The later insertion of s.6DB, which expressly referred to Federal Magistrates for stored communication warrants, did not impliedly alter or confine s.6D. Accordingly, the challenged interception warrants were valid.

Court Disposition

Notice of Motion filed on behalf of the Accused on 2 June 2015 is dismissed.

Orders

  • ['The Notice of Motion filed on behalf of the Accused on 2 June 2015 is dismissed.']