Loprete v Australian Crime Commission [2004] FCA 1476

Loprete v Australian Crime Commission [2004] FCA 1476

The ACC had an implied statutory power to amend its authorisation and determination for a special investigation under s 33(3) of the Acts Interpretation Act 1901. Section 30(2) of the Australian Crime Commission Act 2002 abrogates the privilege against self-incrimination with respect to foreign as well as domestic offences.

Parties
Applicant: Marlene Lillian Loprete; First Respondent: Australian Crime Commission; Second Respondent: Geoffrey Ernest Sage
Jurisdiction
Australia
Judgment Date
17 November 2004
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Australian Crime Commission Act, Acts Interpretation Act, Privilege Against Self Incrimination, Judicial Review
Administrative Law Statutory Interpretation Criminal Law Australian Crime Commission Act Acts Interpretation Act Privilege Against Self Incrimination Judicial Review

Case Brief

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Parties

Marlene Lillian Loprete

Applicant

Australian Crime Commission

First Respondent

Geoffrey Ernest Sage

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether Board of Australian Crime Commission had power to amend an authorisation and determination for a special investigation
  2. 2 Whether a new determination required under s 7C of the Australian Crime Commission Act 2002 (Cth)
  3. 3 Whether Acts Interpretation Act 1901 s 33(3) applied to authorisation and determination amendments

Ratio Decidendi

The ACC had an implied statutory power to amend its authorisation and determination for a special investigation under s 33(3) of the Acts Interpretation Act 1901. Section 30(2) of the Australian Crime Commission Act 2002 abrogates the privilege against self-incrimination with respect to foreign as well as domestic offences.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs