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.
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)