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Independent Commission Against Corruption v Cunneen

[2015] HCA 14
Judgment date
Case number
S302/2014
Before
French CJ, Hayne, Kiefel, Gageler, Nettle JJ
Catchwords

Statutory bodies – Investigating commission – Independent Commission Against Corruption – Powers – Independent Commission Against Corruption Act 1988 (NSW), s 8(2) defines "corrupt conduct" as conduct that could "adversely affect" exercise of official function by public official – Whether conduct that could adversely affect efficacy, but not probity, of exercise of official function by public official "corrupt conduct".

Statutes – Interpretation – Context and purpose – Statutory definitions – Effect of express statement of objects of Act – Where purpose of Act cannot be identified without reference to terms to be interpreted.

Statutes – Interpretation – Extrinsic materials – Legislative history – Where legislation not amended after review of Act.

Words and phrases – "adversely affect", "and which could involve", "corrupt conduct".

Independent Commission Against Corruption Act 1988 (NSW) – ss 2A, 8, 9, 12A.

Files
14.rtf (426.71 KB)
14.pdf (267.23 KB)