F & Ors v National Crime Authority

(1998) 83 FCR 99

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Court:

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

Hearing date: 5 MARCH 1998
Judgment date: 22 APRIL 1998

ADELAIDE

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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.