P v Australian Crime Commission [2005] FCA 55

P v Australian Crime Commission [2005] FCA 55

The ACC Act does not require that the jurisdictional basis for a summons be disclosed on its face; compliance with the express requirements of s 28(2) and s 28(3) is sufficient for the validity of the summons. The applicant’s arguments, relying on analogies to warrants and the abrogation of self-incrimination, do not ground a further requirement of disclosure.

Jurisdiction
Australia
Judgment Date
08 February 2005
Procedural Posture
Application / Judgment After Expedited Hearing
Outcome
application dismissed
Legal Topics
['statutory Interpretation' 'coercive Powers' 'jurisdictional Basis of Summons' 'privilege Against Self Incrimination']
['administrative Law' 'criminal Law'] ['statutory Interpretation' 'coercive Powers' 'jurisdictional Basis of Summons' 'privilege Against Self Incrimination']

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Procedural Posture

Application / Judgment After Expedited Hearing

Legal Issues

  1. 1 ['Whether a summons issued under s 28(1) of the Australian Crime Commission Act 2002 (Cth) is invalid for not adequately disclosing the jurisdictional basis for its issue' 'Whether the ACC Act requires a summons to specify on its face the jurisdictional basis for its issuance' 'The scope and requirements for validity of a summons under the ACC Act']

Ratio Decidendi

The ACC Act does not require that the jurisdictional basis for a summons be disclosed on its face; compliance with the express requirements of s 28(2) and s 28(3) is sufficient for the validity of the summons. The applicant’s arguments, relying on analogies to warrants and the abrogation of self-incrimination, do not ground a further requirement of disclosure.

Court Disposition

application dismissed

Orders

  • ['The interim injunction of 1 February 2005 be dissolved.' 'The application be dismissed.' "The applicant pay the respondent's costs."]