CD v The Commonwealth of Australia
CD v Director of Public Prosecutions (SA)

Constitutional law (Cth) – Judicial power of Commonwealth – Admissibility of evidence – Where information and records obtained pursuant to warrants – Where Surveillance Legislation (Confirmation of Application) Act 2024 (Cth) ("Confirmation of Application Act") deems information and records obtained under specified warrants to have been lawfully obtained – Whether Confirmation of Application Act invalid – Whether Confirmation of Application Act impermissible exercise by Parliament of judicial power of Commonwealth – Whether Confirmation of Application Act impermissibly interferes with and undermines institutional integrity of courts vested with federal jurisdiction. 

Words and phrases – "admissible", "communication", "criminal proceedings", "evidence", "exercise of judicial power", "illegally obtained", "inadmissible", "intercepting a communication", "interfere with the integrity of courts", "judicial power", "legislative power", "statutory concept", "telecommunications system", "undue impairment of judicial power", "unlawfully intercepted", "usurpation of judicial power", "warrant".

Constitution, Ch III.

Surveillance Legislation (Confirmation of Application) Act 2024 (Cth), ss 4, 5, 6, 7.

Telecommunications (Interception and Access) Act 1979 (Cth), ss 7, 63, 77.