Harts Australia Ltd & Ors v Commissioner Australian Federal Police & Ors [1997] FCA 407

Harts Australia Ltd & Ors v Commissioner Australian Federal Police & Ors [1997] FCA 407

The warrant was valid on its face. Its third condition used language identical to the statutory definition of a thing relevant to an indictable or summary offence and therefore described evidential material within ss 3C(1) and 3(1). The offences identified in that condition were, read in context, the offences to which the warrant related for the purposes of s 3E(5)(a), even though the warrant did not use an express formula stating that they were the offences to which it related. The three condition form of the warrant sufficiently described the kinds of evidential material to be searched for under s 3E(5)(c).

Jurisdiction
Australia
Judgment Date
23 May 1997
Procedural Posture
Appeal Concerning Validity of a Search Warrant Issued Under S 3 E of the Crimes Act 1914 (cth) / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['validity of Search Warrant' 'evidential Material' 'formal Requirements for Warrants Under Part 1 AA of the Crimes Act 1914 (cth)' 'three Condition Warrant']
['criminal Procedure' 'search Warrants' 'statutory Interpretation'] ['validity of Search Warrant' 'evidential Material' 'formal Requirements for Warrants Under Part 1 AA of the Crimes Act 1914 (cth)' 'three Condition Warrant']

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Procedural Posture

Appeal Concerning Validity of a Search Warrant Issued Under S 3 E of the Crimes Act 1914 (cth) / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the warrant was invalid because it used the wrong test for "evidential material" under the Crimes Act 1914 (Cth).' 'Whether s 3E(5)(a) of the Crimes Act 1914 (Cth) required the issuing officer to state expressly in the warrant the offence to which the warrant related.' 'Whether s 3E(5)(c) of the Crimes Act 1914 (Cth) required the warrant to specify the kinds of evidential material to be searched for, and whether the warrant did so.']

Ratio Decidendi

The warrant was valid on its face. Its third condition used language identical to the statutory definition of a thing relevant to an indictable or summary offence and therefore described evidential material within ss 3C(1) and 3(1). The offences identified in that condition were, read in context, the offences to which the warrant related for the purposes of s 3E(5)(a), even though the warrant did not use an express formula stating that they were the offences to which it related. The three condition form of the warrant sufficiently described the kinds of evidential material to be searched for under s 3E(5)(c).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondents' costs of the appeal."]