ZX v Commonwealth of Australia [2018] FCA 1617

ZX v Commonwealth of Australia [2018] FCA 1617

The 2016 Instrument validly amended the 2013 Determination under s 33(3) of the Acts Interpretation Act 1901 (Cth). The Board was required to comply with s 7C(2) of the Australian Crime Commission Act 2002 (Cth) as amended, and did so by considering and determining the matters stated in the 2016 Instrument. The 2016 Instrument was an amending instrument, not a new determination requiring service with the summons. Section 28(2) did not require service of a document that did not exist when the summons was served, and the removal of the end date did not make the special operation invalid merely because it was of indefinite duration.

Jurisdiction
Australia
Judgment Date
29 October 2018
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
['australian Crime Commission Powers' 'judicial Review' 'validity of Summons' 'amendment of ACC Board Determinations' 'acts Interpretation Act 1901 (cth) S 33(3)' 'australian Crime Commission Act 2002 (cth) S 7 C' 'australian Crime Commission Act 2002 (cth) S 28(2)']
['administrative Law' 'federal Crime and Related Proceedings'] ['australian Crime Commission Powers' 'judicial Review' 'validity of Summons' 'amendment of ACC Board Determinations' 'acts Interpretation Act 1901 (cth) S 33(3)' 'australian Crime Commission Act 2002 (cth) S 7 C' 'australian Crime Commission Act 2002 (cth) S 28(2)']

Case Brief

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Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether s 33(3) of the Acts Interpretation Act 1901 (Cth) authorised the ACC Board to amend the 2013 Determination by the 2016 Instrument.' 'Whether the ACC Board had to comply with s 7C of the Australian Crime Commission Act 2002 (Cth), as amended in 2015, when making the 2016 Instrument.' 'Whether removing the temporal limitation from the 2013 Determination changed the reason, scope or purpose of the special operation.' 'Whether the Board complied with s 7C(2) of the Australian Crime Commission Act 2002 (Cth) in making the 2016 Instrument.' 'Whether the 2016 Instrument was a new determination rather than an amending instrument.' 'Whether s 28(2) of the Australian Crime Commission Act 2002 (Cth) required the 2016 Instrument to be served with the summons, although it did not exist when the summons was served.' 'Whether the 2016 Instrument was invalid because it authorised an intelligence operation of indefinite duration.']

Ratio Decidendi

The 2016 Instrument validly amended the 2013 Determination under s 33(3) of the Acts Interpretation Act 1901 (Cth). The Board was required to comply with s 7C(2) of the Australian Crime Commission Act 2002 (Cth) as amended, and did so by considering and determining the matters stated in the 2016 Instrument. The 2016 Instrument was an amending instrument, not a new determination requiring service with the summons. Section 28(2) did not require service of a document that did not exist when the summons was served, and the removal of the end date did not make the special operation invalid merely because it was of indefinite duration.

Court Disposition

Application for judicial review dismissed.

Orders

  • ['The application for judicial review is dismissed.']