Day v Commissioner, Australian Federal Police [2000] FCA 1272

Day v Commissioner, Australian Federal Police [2000] FCA 1272

The communication of intercepted information to Customs was for a permitted purpose under s 67 and the applicable definition in s 5 of the TI Act, as the information was used in the preliminary investigation and decision-making process whether to lay charges, which falls within the meaning of 'investigation or inquiry' under a law of the Commonwealth.

Jurisdiction
Australia
Judgment Date
11 September 2000
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
['telecommunications Interception' 'disciplinary Proceedings in Public Service' 'statutory Interpretation']
['administrative Law' 'public Service Law' 'criminal Law'] ['telecommunications Interception' 'disciplinary Proceedings in Public Service' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether communication of intercepted telephone transcripts to Customs for disciplinary purposes was for a 'permitted purpose' under the Telecommunications (Interception) Act 1979 (Cth)" 'Whether there must be an investigation or inquiry under a law of the Commonwealth at the time of communication for s 67 of the TI Act to be satisfied' "Whether an 'investigation or inquiry' requires charges to be laid under s 61(2) of the Public Service Act 1922 (Cth) prior to the communication of information"]

Ratio Decidendi

The communication of intercepted information to Customs was for a permitted purpose under s 67 and the applicable definition in s 5 of the TI Act, as the information was used in the preliminary investigation and decision-making process whether to lay charges, which falls within the meaning of 'investigation or inquiry' under a law of the Commonwealth.

Court Disposition

appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']