Comptroller-General of Customs (Warrants) Directions 2015 (Cth)
Comptroller-General of Customs (Warrants) Directions 2015
made under section 183UC of the Customs Act 1901
Customs Act 1901
Compilation No. 1
Compilation date: 15 May 2017
Includes amendments up to: F2017L00521
About this compilation
This compilation
This is a compilation of the Comptroller-General of Customs (Warrants) Directions 2015 that shows the text of the law as amended and in force on 15/05/2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
COMMONWEALTH OF AUSTRALIA
COMPTROLLER-GENERAL OF CUSTOMS (WARRANTS) DIRECTIONS 2015
SECTION 183UC OF THE CUSTOMS ACT 1901
I, ROMAN QUAEDVLIEG, Comptroller-General of Customs, under section 183UC of the Customs Act 1901 (the Customs Act), give the following directions as to:
§the circumstances in which the powers relating to search warrants and seizure warrants in Division 1 of Part XII of the Customs Act may be exercised;
§the officers of Customs who are entitled to exercise those powers in relation to search warrants;
§the officers of Customs who are entitled to exercise those powers in relation to seizure warrants; and
§the manner and frequency of reporting required concerning the exercise of those powers relating to search warrants and seizure warrants.
Preamble
1.1The Comptroller-General of Customs (Warrants) Directions 2015 (the Directions) regarding warrants outline the policy of the Department of Immigration and Border Protection (the Department) in relation to the application for, and execution of search warrants and seizure warrants granted respectively under Subdivisions C, D and DA of Division 1 of Part XII of the Customs Act.
1.2In the case of a conflict between the Act and the Directions, the Act shall prevail.
1.3The terms used herein shall have the same meaning as in the Act.
1.4The term ‘Officer in Charge’ (OIC) refers to the highest ranking officer in a regional Branch on duty at the time e.g. EL2/Superintendent of a regional office of Enforcement Command.
1.5The term ‘Case Manager’ refers to the supervising officer of the case relevant to a particular warrant, e.g. EL1/Inspector
1.6The term ‘Case Officer’ refers to the investigating officer of the case relevant to a particular warrant, e.g. APS6/Supervisor.
Directions regarding warrants
2.1Applying for and executing a search warrant
A search warrant may only be applied for or exercised by an officer of Customs who:
a)has obtained a Certificate IV in Government (Investigations); and
b)occupies a position in Enforcement Command as an investigator.
An executing officer or person assisting must comply with all of the conditions of the warrant.
2.2Applying for and executing a seizure warrant or seizure of goods in transit warrant
An application for a seizure warrant or seizure of goods in transit warrant may only be made by an officer of Customs who:
a)is trained in warrant application procedures; or
b)has obtained a Certificate IV in Government (Investigations) and occupies a position in Enforcement Command as an investigator.
The execution of a seizure warrant or seizure of goods in transit warrant may only be undertaken by an officer of Customs who:
a)is involved in the examination of cargo or goods; or
b)has obtained a Certificate IV in Government (Investigations) and occupies a position in Enforcement Command as an investigator.
2.3Authorisation for persons assisting with warrants
Pursuant to section 183UA of the Customs Act, a ‘person assisting’ in the execution of a search or seizure warrant must either be an ‘authorised person’ (as defined in subsection 183UA(1)) or be authorised by the Comptroller‑General of Customs (or his delegate).
2.4Vetting of Enforcement Command applications
Where possible, prior to applying to a judicial officer for a warrant, the warrant application should be vetted by the Case Manager or OIC. Legal Division or the Commonwealth Director of Public Prosecutions (CDPP) may be consulted as appropriate.
2.5Warrant application
Where possible, the warrant application should be made in the State or Territory that the warrant is to be executed.
Officers of Customs must comply with any requirement placed on them in the Act when applying for warrants.
2.6Deficiencies in warrant applications
If a judicial officer rejects a warrant application because of a substantive deficiency, i.e. something more significant than an administrative error, a further application must not be made without the prior permission of the OIC of the regional Branch.
2.7Recording of decisions regarding the application for and execution of a warrant
All decisions and considerations regarding the decision to apply for and execute a warrant must be recorded on the relevant case file, and for Enforcement Command these records must also be kept in the case management system.
2.8Warrants to be executed only when in the interest of the Department
Enforcement Command (all warrants):
Prior to warrant execution, the OIC of the relevant Enforcement Command office must confirm that the proposed search warrant is necessary and in accordance with the interests and functions of the Department. This is done through the approval of the Pre Warrant Report (see paragraph 3.2).
Other Divisions (seizure warrants and seizure of goods in transit warrants):
Prior to warrant execution, the OIC of the regional Branch must confirm that the proposed seizure warrant is necessary and in accordance with the interests and functions of the Department. This is done by providing written approval to the officer applying for the seizure warrant.
2.9The OIC will ensure that the SES1/Commander Enforcement Command (for Enforcement Command initiated warrants) or the Regional Commander (for all other warrants) is briefed prior to the execution of a warrant relating to a potentially sensitive matter.
2.10Allegations of Damage
Allegations of damage to property caused by officers during the execution of a warrant must be reported to the OIC and their SES1/Commander or Regional Commander as soon as practicable after the warrant is executed.
2.11Regional Branch records
Each OIC of the relevant Branch must maintain a formal record of all warrant applications (regardless of outcome), executed warrants, frisk/ordinary searches, departmental Use of Force reports and allegations of damage.
Directions regarding Enforcement Command reporting
3.1These requirements apply to search and seizure warrants applied for by officers in Enforcement Command.
3.2Pre Warrant Report: following approval of a warrant application and prior to the execution of a warrant, a Pre Warrant Report must be completed by the Case Officer. The report details the nature and purpose of the proposed warrant action including a risk assessment, and is to be forwarded to the:
a)OIC;
b)SES1/Commander Enforcement Command (for Enforcement Command initiated warrants); or
c)Regional Commander and Strategic Border Command Centre (for all other warrants).
3.3Post Warrant Report: following search warrant execution, a Post Warrant Report must be compiled by the Case Officer and recorded in the case management system. The report details the events and outcome of the warrant.
3.4Use of Force: where use of force was necessary to execute a warrant, full details must be reported to the OIC as soon as practicable after the warrant is executed. Departmental Use of Force procedures/reports must be followed/completed.
Directions regarding reporting in other areas of the Department
4.1Other areas of the Department will follow a similar procedure to ensure consistency and accountability.
Transitional matters
5.1A reference in these Directions to a warrant applied for by an officer in Enforcement Command, or initiated by Enforcement Command, is to be treated as including a reference to a warrant applied for before commencement of this section by an officer in the Investigations Division, or initiated before the commencement of this section by the Investigations Division.
These Directions commence on 1 July 2015.
Dated: 18 June 2015
ROMAN QUAEDVLIEG
Comptroller-General of Customs
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Comptroller-General of Customs (Warrants) Directions 2015 | 23 June 2015 | 1 July 2015 | - |
| Comptroller-General of Customs (Warrants) Amendment Directions 2017 | 12 May 2017 | 15 May 2017 | s. 5 |
Endnote 4—Amendment history
| Provision affected | How affected |
| s. 1.4 | am F2017L00521 |
| para 2.1(b) s. 2.2 s. 2.4 (heading) s. 2.7 s. 2.8 s. 2.9 s. 3 (heading) s. 3.1 para 3.2(b) s. 5 (Transitional matters) | am F2017L00521 am F2017L00521 rs F2017L00521 am F2017L00521 am F2017L00521 am F2017L00521 rs F2017L00521 am F2017L00521 am F2017L00521 ad F2017L00521 |
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