Caratti v Commissioner of the Australian Federal Police (No 3) [2016] FCA 1407

Caratti v Commissioner of the Australian Federal Police (No 3) [2016] FCA 1407

Although s 3ZQU did not strictly apply to data copied from unlawfully seized devices pursuant to the Court's orders, the Court exercised its discretion to permit retention and use of that data consistently with the statutory scheme in ss 3ZQU and 3ZQX. The Commissioner was therefore permitted to retain and use copied data for the purposes mentioned in s 3ZQU and for other judicial or administrative review proceedings, and was required to remove and destroy it when no longer required for those purposes. The Court also accepted the Commissioner's proposed order otherwise dismissing both the Second Further Amended Originating Application and the claims in the Further Amended Points of Claim...

Jurisdiction
Australia
Judgment Date
23 November 2016
Procedural Posture
Federal Court Proceeding Concerning the Issue and Execution of Search Warrants Under the Crimes Act 1914 (cth) / Determination on the Papers of Disputed Short Minutes of Order Following Judgment in Caratti V Commissioner of the Australian Federal Police (no 2) [2016] FCA 1132
Outcome
Orders made in accordance with the short minute of orders proposed by the Commissioner.
Legal Topics
['search Warrants' 'unlawful Seizure of Electronic Devices' 'retention and Use of Copied Electronic Data' 'crimes Act 1914 (cth) Ss 3 L(1 A), 3 ZQU and 3 Zqx' 'dismissal of Originating Application and Points of Claim' 'costs']
['criminal Law' 'practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['search Warrants' 'unlawful Seizure of Electronic Devices' 'retention and Use of Copied Electronic Data' 'crimes Act 1914 (cth) Ss 3 L(1 A), 3 ZQU and 3 Zqx' 'dismissal of Originating Application and Points of Claim' 'costs']

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Procedural Posture

Federal Court Proceeding Concerning the Issue and Execution of Search Warrants Under the Crimes Act 1914 (cth) / Determination on the Papers of Disputed Short Minutes of Order Following Judgment in Caratti V Commissioner of the Australian Federal Police (no 2) [2016] FCA 1132

Legal Issues

  1. 1 ['Whether copied data from unlawfully seized electronic devices should be returned or destroyed once no longer required for prosecution of the offences to which the warrants related, or whether the Commissioner may retain and use it for purposes mentioned in s 3ZQU of the Crimes Act 1914 (Cth).' "Whether the Court should order that both the applicant's Second Further Amended Originating Application and the claims in the Applicant's Further Amended Points of Claim be otherwise dismissed."]

Ratio Decidendi

Although s 3ZQU did not strictly apply to data copied from unlawfully seized devices pursuant to the Court's orders, the Court exercised its discretion to permit retention and use of that data consistently with the statutory scheme in ss 3ZQU and 3ZQX. The Commissioner was therefore permitted to retain and use copied data for the purposes mentioned in s 3ZQU and for other judicial or administrative review proceedings, and was required to remove and destroy it when no longer required for those purposes. The Court also accepted the Commissioner's proposed order otherwise dismissing both the Second Further Amended Originating Application and the claims in the Further Amended Points of Claim...

Court Disposition

Orders made in accordance with the short minute of orders proposed by the Commissioner.

Orders

  • ['Declared invalid the storage medium paragraph in the warrants.' 'Declared that the storage medium paragraph is severable from the balance of the warrants.' 'Declared that the electronic devices listed in Annexure A were not lawfully seized pursuant to either s 3F or s 3L of the Crimes Act 1914 (Cth).' 'Ordered...