Australian Competition & Consumer Commission v Rural Press Ltd [2000] FCA 66

Australian Competition & Consumer Commission v Rural Press Ltd [2000] FCA 66

The power to conduct examinations under s 155(1)(c) of the Trade Practices Act may be delegated to and exercised by an individual Commissioner in accordance with s 25; such examinations were not undertaken for an improper purpose despite litigation being in contemplation, and therefore transcripts are admissible and not excluded under s 138 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
10 February 2000
Procedural Posture
Civil / Interlocutory Evidentiary Ruling
Outcome
Objections dismissed; evidence admissible
Legal Topics
['delegation of Investigatory Powers' 'admissibility of Evidence' 'improperly Obtained Evidence' 'trade Practices Act S 155 Powers']
['competition Law' 'evidence'] ['delegation of Investigatory Powers' 'admissibility of Evidence' 'improperly Obtained Evidence' 'trade Practices Act S 155 Powers']

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Procedural Posture

Civil / Interlocutory Evidentiary Ruling

Legal Issues

  1. 1 ['Whether the Australian Competition and Consumer Commission properly delegated its power to conduct examinations under s 155(1)(c) of the Trade Practices Act to an individual Commissioner under s 25 of the Act' "Whether 'the Commission' in s 155 includes an individual Commissioner when properly delegated" 'Whether the s 155 examinations in December 1998 were conducted for an improper purpose in light of contemplated proceedings' 'Whether the transcripts from the s 155 examinations were improperly obtained or in contravention of Australian law for the purposes of s 138 of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The power to conduct examinations under s 155(1)(c) of the Trade Practices Act may be delegated to and exercised by an individual Commissioner in accordance with s 25; such examinations were not undertaken for an improper purpose despite litigation being in contemplation, and therefore transcripts are admissible and not excluded under s 138 of the Evidence Act.

Court Disposition

Objections dismissed; evidence admissible

Orders

  • ['Transcripts of examination under s 155(1)(c) of the Trade Practices Act as tendered are admissible against the fifth to seventh respondents, subject to specific exclusions outlined at hearing.']