CC Pty Ltd v Australian Crime Commission [2007] FCAFC 96

CC Pty Ltd v Australian Crime Commission [2007] FCAFC 96

The Board determined in writing for the purposes of s 7C when it passed Resolution 5 on 13 May 2003. The pre-prepared draft Instrument was in writing and, upon adoption by the Board, became the adopted Instrument. Its present-tense operative provisions, particularly paras 5 and 6, purported on their face to embody the Board's present authorisation and determinations. The Act required no additional writing, signature, date, or written link between the Board's vote and the Instrument. The challenge to the validity of the special investigation, and therefore the search warrants, failed.

Jurisdiction
Australia
Judgment Date
26 June 2007
Procedural Posture
Administrative Law Appeal Concerning Validity of Search Warrants and an Australian Crime Commission Special Investigation Authorisation and Determination / Appeal From the Federal Court of Australia Judgment in CC Pty Ltd V Australian Crime Commission (no 2) [2007] FCA 16
Outcome
The appeal was dismissed with costs.
Legal Topics
['validity of Search Warrants' 'australian Crime Commission Special Investigation' 'requirement That a Determination Be in Writing' 'authorisation and Determination Under S 7 C of the Australian Crime Commission Act 2002 (cth)']
['administrative Law' 'statutory Interpretation' 'criminal Procedure'] ['validity of Search Warrants' 'australian Crime Commission Special Investigation' 'requirement That a Determination Be in Writing' 'authorisation and Determination Under S 7 C of the Australian Crime Commission Act 2002 (cth)']

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Procedural Posture

Administrative Law Appeal Concerning Validity of Search Warrants and an Australian Crime Commission Special Investigation Authorisation and Determination / Appeal From the Federal Court of Australia Judgment in CC Pty Ltd V Australian Crime Commission (no 2) [2007] FCA 16

Legal Issues

  1. 1 ['Whether the Board of the Australian Crime Commission authorised the ACC to undertake the investigation in writing as required by s 7C(1)(c) of the Australian Crime Commission Act 2002 (Cth).' 'Whether the Board determined in writing that the investigation was a special investigation as required by s 7C(1)(d) and s 7C(3) of the Australian Crime Commission Act 2002 (Cth).' 'Whether the Board determined in writing the classes of persons to participate in the investigation as required by s 7C(1)(e) of the Australian Crime Commission Act 2002 (Cth).' "Whether the absence of a further writing, signature, date, or written link between the Board's oral resolution and the draft Instrument meant that the statutory in writing requirements were not met."]

Ratio Decidendi

The Board determined in writing for the purposes of s 7C when it passed Resolution 5 on 13 May 2003. The pre-prepared draft Instrument was in writing and, upon adoption by the Board, became the adopted Instrument. Its present-tense operative provisions, particularly paras 5 and 6, purported on their face to embody the Board's present authorisation and determinations. The Act required no additional writing, signature, date, or written link between the Board's vote and the Instrument. The challenge to the validity of the special investigation, and therefore the search warrants, failed.

Court Disposition

The appeal was dismissed with costs.

Orders

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