XXVII v The Commonwealth of Australia [2017] FCA 320

XXVII v The Commonwealth of Australia [2017] FCA 320

The Board of the Australian Crime Commission is empowered to authorise special investigations of indeterminate length and to amend determinations concerning such investigations. Statutory amendments do not retrospectively invalidate existing determinations, and the relevant instruments remain operative. The summons...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['validity of Determination and Summons Under the Australian Crime Commission Act 2002 (cth)' 'effect of Amendment to an Act' 'statutory Interpretation' 'power to Authorise Special Investigations of Indeterminate Length' 'transitional Provisions Concerning Amendments' 'compliance With Statutory Requirements for Summons and Determination']
['administrative Law' 'statutory Interpretation'] ['validity of Determination and Summons Under the Australian Crime Commission Act 2002 (cth)' 'effect of Amendment to an Act' 'statutory Interpretation' 'power to Authorise Special Investigations of Indeterminate Length' 'transitional Provisions Concerning Amendments' 'compliance With Statutory Requirements for Summons and Determination']

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ['Whether the Board of the Australian Crime Commission may authorise a special investigation of indeterminate length' 'Whether a determination and summons made under the Australian Crime Commission Act 2002 (Cth) remained valid and operative after statutory amendments' 'Whether the summons served on the applicant complied with statutory requirements' 'Whether the 2013 instrument and the 2016 instrument were invalid as determinations' "Whether the summons was 'spent' and no longer operative"]

Ratio Decidendi

The Board of the Australian Crime Commission is empowered to authorise special investigations of indeterminate length and to amend determinations concerning such investigations. Statutory amendments do not retrospectively invalidate existing determinations, and the relevant instruments remain operative. The summons was validly issued and not spent, and there is no implied statutory requirement to fix an end date for the investigation. All grounds of judicial review fail.

Court Disposition

Application dismissed

Orders

  • ['Extension of time granted for applicant to commence proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth), nunc pro tunc to 22 August 2016.' 'Application for judicial review dismissed.']