Australian Federal Police Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 231

–––––––––

Australian Federal Police Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Australian Federal Police Act 1979.

Dated 7th February 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

––––––––

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Australian Federal Police Regulations.

2. After Part IIIa of the Principal Regulations the following Part is inserted:

“PART IV—LISTENING DEVICES

Prescribed State or Territory law: subsection 12c (1) of the Act

“35. For the purposes of subsection 12c (1) of the Act, the Listening Devices Act, 1972 of South Australia is prescribed.

 

(S.R. 33/90) Cat. No. 14/31.1.1990

Prescribed circumstances: subsection 12c (1) of the Act

“36. For the purposes of subsection 12c (1) of the Act, the following circumstances are prescribed in relation to the use of a listening device under a warrant issued under section 6 of the Act prescribed in regulation 35:

(a) on an application made by a member of the staff of the National Crime Authority who is a member of the Australian Federal Police; and

(b) for the purposes of the investigation of a matter by the Authority, other than a matter that involved, involves or would involve, as the case may be, a class 1 general offence or a class 2 general offence within the meaning of Division 2 of Part II of the Act.

Prescribed forms: paragraph 12g (8) (b) of the Act

“37. For the purposes of paragraph 12g (8) (b) of the Act:

(a) in respect of a warrant authorising officials to use a listening device in relation to a particular person Form 4 in Schedule 4 is prescribed; and

(b) in respect of a warrant authorising officials to use a listening device in relation to particular premises Form 5 in that Schedule is prescribed.”.

Schedule 4

3. Schedule 4 to the Principal Regulations is amended by adding at the end the following Forms:

“FORM 4 Paragraph 37 (a)

COMMONWEALTH OF AUSTRALIA

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12g (2) IN RELATION TO A

PARTICULAR PERSON

To: Members of the Australian Federal Police who may, under subsection 12j (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

I. , an eligible Judge, having been satisfied by information on oath of the matters specified in paragraph 12g (2) (b) of that Act, authorise you:

• [at any time of the day or night]2 [between the hours of 3 and 3]2 to enter any premises in which  4 is, or is likely to be, for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device: and

• to take [any]2 [the following]2

measures]:

[2 to effect entry: and]2

• to use a listening device, or listening devices, for the purpose of listening to or recording words spoken by, to, or in the presence of 4 anywhere in Australia.

This warrant is issued on the basis of information given to me by 6, a member of the Australian Federal Police, in respect of an application for the issue of a warrant under subsection 12g (2) of the Act authorising the use of a listening device within the meaning of Division 2 of Part 11 of that Act in relation to

[This warrant is issued subject to the following [conditions]2 [or]2 restrictions]2:

 8]2

This warrant remains in force tor the period of  9 beginning on

 10

Dated  10

Judge of the  12

 

1 insert full name of Judge

2 omit if inapplicable

3insert time of day

4 insert full name of person and, if known, his or her address or occupation

5insert measures necessary to effect entry

6insert full name and rank of applicant for warrant

7insert full name of person

8 If applicable, insert condition(s) or restriction(s) to which warrant is subject

9 insert period

10 insert date

11 signature of Judge

12 insert name of court of which Judge is a member

 

–––––––––

“FORM 5 Paragraph 37 (b)

COMMONWEALTH OF AUSTRALIA

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12g (4) IN RELATION TO PARTICULAR PREMISES

To:

Members of the Australian Federal Police who may, under subsection 12j (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

I, 1, an eligible Judge, having been satisfied by information on oath of the matters specified in paragraph 12g (4) (b) of that Act, authorise you:

• [at any time of the day or night]2 [between the hours of 3 and 3]2 to enter   4 for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device; and

• to take [any]2 [the following] measures [: 5]2 to effect entry; and]2

• to use a listening device or listening devices, for the purpose of listening to or recording words spoken by, to, or in the presence of any person while the person is in those premises.

This warrant is issued on the basis of information given to me by  6,a member of the Australian Federal Police, in respect of an application for the issue of a warrant under subsection 12g (4) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II of that Act in relation to  4.

[This warrant is issued subject to the following [conditions]2 [or]2 restrictions]2:

7]2

This warrant remains in force for the period of 8 beginning on

Dated 9

10

Judge of the 10

  

1 insert full name of Judge

2 omit if inapplicable

3 insert time of day

4 insert description of premises

5 insert measures necessary to effect entry

6 insert full name and rank of applicant for warrant

7 if applicable, insert condition(s) or restriction(s) to which warrant is subject

8 insert period

9 insert date

10 signature of Judge

11 insert name of court of which Judge is a member

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 February 1990.

2. Statutory Rules 1979 No. 210 as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164 and 296 as amended by 1985 No. 82; 1984 No. 297; 1985 No. 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362.

Printed by Authority by the Commonwealth Government Printer