Dalton v NSW Crime Commission

Constitutional law (Cth) − Power with respect to service and execution throughout the Commonwealth of civil and criminal process − Summons served under State law upon person in another State to attend State commission of inquiry with investigative functions − Summons a "subpoena" for the purpose of the Service and Execution of Process Act 1992 (Cth) − "Civil and criminal process" − Whether "civil and criminal process" includes process relating to purely investigative functions of tribunals which are not in aid of an adjudicative function − Whether s 76 of the Service and Execution of Process Act 1992 (Cth) a valid exercise of Commonwealth legislative power.

Constitutional law (Cth) – Power with respect to service and execution throughout the Commonwealth of civil and criminal process – Parties did not contend that such power is confined to process of the courts of the States – Whether the High Court can nevertheless consider whether such power is so confined – Paramountcy of the Constitution.

Constitutional law (Cth) – Power with respect to service and execution throughout the Commonwealth of civil and criminal process – Whether such power is confined to process of the courts of the States – Whether increased potential for infringement of liberty associated with extending such power to process of State non-court bodies is a consideration supportive of narrower construction of such power – Proliferation of State non-court bodies that issue process – Relevance to constitutional meaning of changing features of modern government.

Words and phrases − "civil and criminal process".

Constitution – s 51(xxiv).

Service and Execution of Process Act 1992 (Cth) – Pt 4, ss 47-80.

New South Wales Crime Commission Act 1985 (NSW) – ss 18, 18AA, 35.