A Gazette notice that merely repeats the statutory description of entities to be specified, without naming or further particularising them, does not constitute valid 'specification' for the purposes of s 503A(9) of the Migration Act 1958 (Cth) (per Gray and Kenny JJ; Downes J dissenting). However, the notice may be read down under s 46(1)(b) of the Acts Interpretation Act 1901 (Cth) to the extent that it identifies classes with sufficient certainty, such as criminal investigation agencies in Australia (per Kenny J; Gray J dissenting on this point). The case was decided under the pre-2003 amendment definition of 'gazetted agency', which has since been replaced.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.