S v Australian Crime Commission

[2006] FCAFC 5

Full Court of the Federal Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Legislative power
3. › Incidental power
4. › Power to investigate matters within Commonwealth legislative competence
5. › Whether Commonwealth can empower investigation of State offences where Commonwealth has power but has not legislated
6. › Whether ACC Act itself constitutes 'law of the Commonwealth' supporting conferral of coercive powers
7. › Australian Crime Commission Act 2002 (Cth), ss 4, 4A, 7A, 7C, 24A, 28
8. › Constitution, s 51
1. Administrative Law
2. › Statutory powers
3. › Summons to give evidence
4. › Compliance with statutory requirements
5. › Whether summons must state general nature of matters for examination
6. › Whether examiner's satisfaction that disclosure would prejudice investigation must appear on face of summons
7. › Australian Crime Commission Act 2002 (Cth), s 28(1), (3)

Quick Take

The ACC can validly investigate State offences with a 'federal aspect' under s 4A of the ACC Act even where no corresponding Commonwealth offence exists, as the ACC Act itself provides the necessary Commonwealth legislative authorisation required by R v Hughes.

Case Details

Citation[2006] FCAFC 5

CourtFCAFC

JurisdictionCommonwealth

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 4 later cases that cite this judgment.

1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by4

2025VII v Purcell (Examiner)FCAFC 135
2025VII v PurcellFCA 202
2015XCIV v The Australian Crime CommissionFCA 586
and 1 more after sign-in

Relies on16

2005S v Australian Crime CommissionFCA 1310
2004Barnes v BoultonFCA 1219
1999Re WakimHCA 27
1998Gould v BrownHCA 6
and 12 more after sign-in

Create free account

Already have an account? Sign in