A v Boulton [2004] FCA 56

A v Boulton [2004] FCA 56

Section 30 of the Australian Crime Commission Act 2002 (Cth) abrogates the privilege against self-incrimination by necessary implication, replacing it with a use immunity but not derivative use immunity; the privilege does not persist merely because derivative use immunity is absent; the ACC's powers to compel answers from a person about to be charged is not unlawful and does not constitute contempt of court as criminal proceedings have not commenced.

Parties
Applicant: A; First Respondent: William McLean Boulton, Examiner, Australian Crime Commission; Second Respondent: Australian Crime Commission
Jurisdiction
Australia
Judgment Date
06 February 2004
Procedural Posture
Judicial Review Applications (s 39 B Judiciary Act 1903 (cth); S 5 Administrative Decisions (judicial Review) Act 1977 (cth)) / Decision at First Instance
Outcome
Applications dismissed; costs ordered against applicant.
Legal Topics
Privilege Against Self Incrimination, Australian Crime Commission Powers, Derivative Use Immunity, Contempt of Court, Statutory Abrogation of Common Law Rights
Administrative Law Criminal Law Statutory Interpretation Privilege Against Self Incrimination Australian Crime Commission Powers Derivative Use Immunity Contempt of Court Statutory Abrogation of Common Law Rights

Case Brief

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Parties

A

Applicant

William McLean Boulton, Examiner, Australian Crime Commission

First Respondent

Australian Crime Commission

Second Respondent

Procedural Posture

Judicial Review Applications (s 39 B Judiciary Act 1903 (cth); S 5 Administrative Decisions (judicial Review) Act 1977 (cth)) / Decision at First Instance

Legal Issues

  1. 1 Whether s 30 of the Australian Crime Commission Act 2002 (Cth) abrogates the privilege against self-incrimination
  2. 2 Whether absence of derivative use immunity means privilege is not abrogated
  3. 3 Whether the ACC can lawfully examine a person likely to be charged

Ratio Decidendi

Section 30 of the Australian Crime Commission Act 2002 (Cth) abrogates the privilege against self-incrimination by necessary implication, replacing it with a use immunity but not derivative use immunity; the privilege does not persist merely because derivative use immunity is absent; the ACC's powers to compel answers from a person about to be charged is not unlawful and does not constitute contempt of court as criminal proceedings have not commenced.

Court Disposition

Applications dismissed; costs ordered against applicant.

Orders

  • Each application be dismissed.
  • The applicant pay the respondents' costs.