Customs Amendment Act (No. 4) 1979
No. 180 of 1979
An Act to
amend the Customs Act 1901 for and in
relation to the conferring of powers on the Australian Federal Police in
respect of narcotics offences.
BE
IT ENACTED by the Queen, and the Senate and House of Representatives of the
Commonwealth of Australia, as follows:
Short
title, &c.
1. (1) This Act may be cited as the Customs Amendment Act (No. 4) 1979.
(2)
The Customs Act 1901 is in this Act
referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day
on which it receives the Royal Assent.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “commercial
quantity” in sub-section (1) the following definition:
“‘Commissioner of Police’ means the
Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting
Commissioner of Police;”; and
(b) by inserting after the definition of “Master”
in sub-section (1) the following definition:
“‘Member of the Australian Federal Police’
includes a special member of the Australian Federal Police;”.
Use
of listening devices
4. Section 219b
of the Principal Act is amended by inserting in sub-section (2) “narcotics”
before “inquiries”.
Exercise
of powers under warrant
5. Section 219d
of the Principal Act is amended by omitting “authorized officer of Customs” (wherever
occurring) and substituting “authorized member of the Australian Federal Police”.
Certain
information not to be disclosed
6. Section 219f
of the Principal Act is amended by omitting paragraph (a) of sub-section (2)
and substituting the following paragraph:
“(a) where the information relates, or appears
to relate, to the commission, or intended commission, of an offence against the
law of the Commonwealth or of a State or Territory, being an offence punishable
by imprisonment for life or for a period, or maximum period, of not less than 3
years—the information may be communicated to a member of the Australian Federal
Police for the purposes of investigations into the offence, or to an officer of
the Police Force of a State or Territory;”.
Warrants,
&c., to be retained
7. Section 219h
of the Principal Act is amended by omitting “his Department” and substituting “the
Australian Federal Police”.
Obstruction
8. Section 219j
of the Principal Act is repealed.
Reports
to be made to Minister concerning use of listening devices
9. Section 219k
of the Principal Act is amended by omitting from sub-section (2) “a report in
writing on the extent to which action taken under the warrant has assisted
officers of Customs in narcotics inquiries that have been made by them” and
substituting “a report in writing with respect to the use made by members of
the Australian Federal Police of information obtained by using a listening
device in pursuance of the warrant and the communication of any information so
obtained to persons other than members of the Australian Federal Police”.
Interpretation
10. Section 243a
of the Principal Act is amended by inserting in sub-section (5) “a member of
the Australian Federal Police or” before “an officer of Customs”.
Assessment
of pecuniary penalty
11. Section 243c
of the Principal Act is amended by inserting in sub-section (5) “a member of
the Australian Federal Police or” before “an officer of Customs”.
Court
may direct official receiver to take control of property
12. Section 243e
of the Principal Act is amended by inserting in sub-section (2) “a member of
the Australian Federal Police or” before “an officer of Customs” (wherever
occurring).
Formal
amendments
13. The Principal Act is amended as set out in the
Schedule.
Savings
14. The amendments of section 219f of the Principal Act made by this Act
do not apply to or in relation to any record or information obtained, before
the commencement of this Act, by using a listening device for the purposes of
narcotics inquiries.
————
SCHEDULE Section 13
FORMAL
AMENDMENTS
1.
The following provisions of the Principal Act are amended by omitting “Comptroller”
(wherever occurring) and substituting “Commissioner of Police”:
Sections 219b(3),
219d(1) and (2), 219e, 219f(2),
219g, 219h and 219k(1)
and (2).
2. The following provisions of the Principal
Act are amended by omitting “an officer of Customs” (wherever occurring) and
substituting “a member of the Australian Federal Police”:
Sections 219b(1),
(2), (4), (5) and (7), 219d(2) and
219f(1) and (2).
3. The following provisions of the Principal
Act are amended by omitting “officers of Customs” (wherever occurring) and
substituting “members of the Australian Federal Police”:
Sections 219a(2),
219b(1), (2), (5) and (7), 219d(1), 219f(1),
(2) and (3) and 219g.