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X7 v. Australian Crime Commission and Anor

Case No. S100/2012
Case information

Catchwords

Constitutional law — Judicial power of Commonwealth —Constitution, Ch III — By summons under s 28 of the Australian Crime Commission Act 2002 (Cth) ('ACC Act') an ACC examiner required the plaintiff to attend before an examiner to give evidence on a set date — Before the set date, the Plaintiff was charged with offences under the Criminal Code (Cth) — Plaintiff subsequently interviewed by an ACC examiner — Whether Div 2 of Pt II of the ACC Act empowers an ACC examiner to conduct an examination of a person charged where that examination concerns the subject matter of the offence so charged — If so, whether Div 2 of Pt II of the ACC Act invalid to the extent that it is contrary to Ch III of the Constitution.

Short Particulars

Documents

20/04/2012 Writ of summons

26/06/2012 Hearing (Single Justice, Sydney)

21/08/2012 Hearing (Single Justice, Sydney)

23/08/2012 Notice of constitutional matter (Plaintiff)

04/10/2012 Written submissions (Plaintiff)

23/10/2012 Written submissions (First Defendant)

23/10/2012 Written submissions (Second Defendant)

26/10/2012 Written submissions (Attorney-General for the State of New South Wales intervening)

26/10/2012 Written submissions (Attorney-General of the State of Queensland intervening)

26/10/2012 Written submissions (Attorney-General for the State of South Australia intervening)

26/10/2012 Written submissions (Attorney-General for the State of Victoria intervening)

26/10/2012 Written submissions (Attorney-General for the State of Western Australia intervening)

01/11/2012 Reply

07/11/2012 Hearing (Full Court, Canberra)

26/06/2013 Judgment   (Judgment summary)