ON 26 JUNE 2013, the High Court of Australia delivered X7 v Australian Crime Commission  HCA 29 (26 June 2013).
The court held that the Commonwealth Australian Crime Commission Act 2002 did not authorise an examiner to require a person charged with a Commonwealth offence to answer questions before trial about the subject matter of the offence. Such action would fundamentally alter the balance of power towards the prosecution and represent a departure from the fair trial that the system requires. Such a requirement therefore could only be effected by express statutory language or necessary implication.
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