XXVII v The Commonwealth of Australia [2018] FCAFC 59

XXVII v The Commonwealth of Australia [2018] FCAFC 59

The Board has power to amend the duration of a special investigation under s 33(3) of the Acts Interpretation Act and may authorise indefinite duration; such amendment engages the requirement to consider the conditions for determining special investigation under s 7C(3), which the Board complied with; no statutory obligation exists to fix an end date; the summons was validly served and continuing attendance properly compelled; accordingly, the appeal fails.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['australian Crime Commission' 'special Investigations' 'acts Interpretation Act' 'statutory Interpretation' 'procedural Requirements for Summons' 'coercive Powers' 'duration of Special Investigations']
['administrative Law'] ['australian Crime Commission' 'special Investigations' 'acts Interpretation Act' 'statutory Interpretation' 'procedural Requirements for Summons' 'coercive Powers' 'duration of Special Investigations']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Board has power to amend an authorisation and determination for a special investigation to remove a fixed end date' "Whether amendment must be exercised 'in the like manner and subject to the like conditions' per s 33(3) of Acts Interpretation Act" 'Whether Board validly determined the investigation as a special investigation for indefinite duration under amended s 7C(3) of the Australian Crime Commission Act' 'Whether summons was validly served and complied with statutory requirements']

Ratio Decidendi

The Board has power to amend the duration of a special investigation under s 33(3) of the Acts Interpretation Act and may authorise indefinite duration; such amendment engages the requirement to consider the conditions for determining special investigation under s 7C(3), which the Board complied with; no statutory obligation exists to fix an end date; the summons was validly served and continuing attendance properly compelled; accordingly, the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • ['the appeal be dismissed' "the appellant pay the respondents' costs"]