Chief Executive Officer of Customs v Jiang

(2001) 111 FCR 395; [2001] FCA 145

Federal Court of Australia

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Catchwords

1. Customs and Excise
2. › Customs prosecutions
3. › Nature of proceedings
4. › Whether civil or criminal
5. › Whether 'prosecution for an offence against a law of the Commonwealth'
6. › Customs Act 1901 (Cth), ss 198, 233, 234, 244, 247
1. Administrative Law
2. › Judicial review
3. › Exclusion of jurisdiction
4. › Related criminal justice process decisions
5. › Whether Customs prosecution decisions excluded from review
6. › Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9A
7. › Judiciary Act 1903 (Cth), ss 39(1B)-(1F), 39B(3)
1. Administrative Law
2. › Judicial review
3. › Criminal justice process
4. › Fragmentation of criminal proceedings
5. › Collateral attack on decisions in course of prosecution
6. › Search warrants
7. › Jurisdiction of Courts Legislation Amendment Act 2000 (Cth), Sch 2
1. Statutory Interpretation
2. › Purposive construction
3. › Expression 'related criminal justice process decision'
4. › Whether limited to 'ordinary criminal justice process'
5. › Acts Interpretation Act 1901 (Cth), s 15AA

Quick Take

Customs prosecutions brought under the Customs Act 1901 (Cth) using civil procedures in the higher courts constitute 'a prosecution for an offence against a law of the Commonwealth' for the purposes of s 9A of the ADJR Act and s 39B of the Judiciary Act. Decisions taken in relation to such prosecutions, including decisions to issue search warrants under s 198 and the manner of their execution, are 'related criminal justice process decisions' excluded from judicial review in the Federal Court. The expression 'related criminal justice process decision' does not require the prosecution to be part of the 'ordinary criminal justice process'.