Samsonidis v Commissioner, Australian Federal Police [2007] FCA 1407

Samsonidis v Commissioner, Australian Federal Police [2007] FCA 1407

The AFP's communications of intercepted telephone material to Greek authorities were for a 'permitted purpose' connected with its investigation of Australian prescribed offences. The process used under s 13 and s 13A of the Mutual Assistance in Criminal Matters Act 1987 (Cth), with proper ministerial authorisation, was lawful. The applicant was not entitled to notice or a hearing in relation to the s 13 proceedings, as the legislative scheme and international obligations required confidentiality. No relief was available as alleged unlawful conduct was not established.

Parties
Applicant: Dimitrios Samsonidis; First Respondent: The Commissioner, Australian Federal Police; Second Respondent: Attorney General for the Commonwealth of Australia; Third Respondent: The Commonwealth Director of Public Prosecutions; Fourth Respondent: Ms A J Chambers, Magistrate
Jurisdiction
Australia
Judgment Date
07 September 2007
Procedural Posture
Administrative Law Application / Judgment on Application for Declaratory and Consequential Relief
Outcome
Application and amended application dismissed with costs.
Legal Topics
Mutual Assistance in Criminal Matters, Telecommunications Interception, Natural Justice, Provision of Evidence to Foreign Jurisdictions
Administrative Law Criminal Law Mutual Assistance Mutual Assistance in Criminal Matters Telecommunications Interception Natural Justice Provision of Evidence to Foreign Jurisdictions

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Parties

Dimitrios Samsonidis

Applicant

The Commissioner, Australian Federal Police

First Respondent

Attorney General for the Commonwealth of Australia

Second Respondent

The Commonwealth Director of Public Prosecutions

Third Respondent

Ms A J Chambers, Magistrate

Fourth Respondent

Procedural Posture

Administrative Law Application / Judgment on Application for Declaratory and Consequential Relief

Legal Issues

  1. 1 Whether the provision of information by the AFP to Greece under the Mutual Assistance in Criminal Matters Act 1987 (Cth) and the Telecommunications (Interception and Access) Act 1979 (Cth) was lawful
  2. 2 Whether the process before the Magistrate under s 13 of the Mutual Assistance in Criminal Matters Act 1987 (Cth) required the applicant to be given a hearing or notice
  3. 3 Whether the applicant was entitled to relief due to alleged non-compliance with statutory requirements, confidentiality, or natural justice

Ratio Decidendi

The AFP's communications of intercepted telephone material to Greek authorities were for a 'permitted purpose' connected with its investigation of Australian prescribed offences. The process used under s 13 and s 13A of the Mutual Assistance in Criminal Matters Act 1987 (Cth), with proper ministerial authorisation, was lawful. The applicant was not entitled to notice or a hearing in relation to the s 13 proceedings, as the legislative scheme and international obligations required confidentiality. No relief was available as alleged unlawful conduct was not established.

Court Disposition

Application and amended application dismissed with costs.

Orders

  • The amended application filed 3 September 2007 is dismissed.
  • The applicant pay the respondents' costs of the application and the amended application.