F & Ors v National Crime Authority
(1998) 83 FCR 99
Judge:
O'LOUGHLIN J
Subject References:
NATIONAL CRIME AUTHORITY
Power to conduct hearings
whether power extends to persons suspect of having committed relevant offences
whether the fact of such suspicion amounts to a reasonable excuse for refusing to answer any question
privilege against self-incrimination
common law test
whether the same has been modified by statute
differences between "might incriminate", "may incriminate" "will incriminate" and "would incriminate"
Legislative References:
National Crime Authority Act 1984 (Cth) - the Act
National Crime Authority (State Provisions) Act 1984 (SA) - the Act
New South Wales Crime Commission Act 1985 - the Act
Case References:
Ganin v New South Wales Crime Commission - (1993) 32 NSWLR 423
Accident Insurance Mutual Holdings Ltd v McFadden - (1993) 31 NSWLR 412
The Queen v Boyes - (1861) 30 L.J.Rep.N.S. (QB) 301
Brebner v Perry - [1961] SASR 177
Sorby v Commonwealth - (1983) 152 CLR 281
C v National Crime Authority - (1988) 78 CLR 338
Pyneboard Pty Ltd v Trade Practices Commission - (1982-1983) 152 CLR 328
Rank Film Distributors Ltd v Video Information Centre - (1982) AC 380
Judgment date: 22 APRIL 1998
ADELAIDE
THE COURT ORDERS THAT:
- 1.
- The application be dismissed.
- 2.
- The applicants jointly and severally pay the respondent's costs, which costs are to be taxed in default of agreement.