Customs (Narcotics Inquiries) Amendment Regulations 2002 (No 1) (Cth)

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Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 62

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 14 February 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

DARYL WILLIAMS

Attorney-General

1Name of Regulations

 These Regulations are the Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Customs (Narcotics Inquiries) Regulations 1980

Schedule 1 amends the Customs (Narcotics Inquiries) Regulations 1980.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 3 (1)

omit

the form in

insert

Form 1 in

[2]Subregulation 3 (2)

omit

the form in Schedule 2.

insert

Form 2 in Schedule 1.

[3]After subregulation 3 (2)

insert

  • (3)

    The form of warrant for subsection 219B (8E) of the Act is Form 3 in Schedule 1.

[4]Schedules 1 and 2

substitute

Schedule 1Warrants under section 219B of the Act

(regulation 3)

Form 1Listening device warrant in relation to a particular person (Act s 219B (5))

(subregulation 3 (1))

Commonwealth of Australia

Customs Act 1901

WARRANT UNDER SUBSECTION 219B (5) IN RELATION TO A PARTICULAR PERSON

To:

Officials of the [Australian Federal Police/National Crime Authority]* who may, under subsection 219D (1) of the Customs Act 1901, exercise the authority conferred by this warrant.

1. I,  1, [a Judge/a nominated AAT member]* (within the meaning of section 219A of the Customs Act 1901) [acting under an arrangement made under section 11 of the Customs Act 1901]#, having been satisfied by information on oath of the matters specified in paragraphs 219B (5) (a) and (b) of that Act, authorise you as follows:

  • (a)

    to use a listening device for the purpose of listening to, or recording, words spoken by, to, or in the presence of,

     2, anywhere in Australia;

  • [(b)

    [at any time of the day or night/between the hours of

    3]* to enter[, without permission first being sought or demand first being made,]# any premises in which the person mentioned in paragraph 1 (a) of this warrant is, or is likely to be, for the purpose of installing, maintaining, using or recovering the listening device or a part of the listening device;]#

  • [(c)

    to take the following measures to effect entry:

 · 4.]#

2. This warrant is issued on the basis of information given to me by                                                                    5: [a member of the Australian Federal Police within the meaning of the Customs Act 1901, in respect of an application made on behalf of the Australian Federal Police/a member of [the National Crime Authority/a police force who is a member of the staff of the National Crime Authority]*, in respect of an application made on behalf of the National Crime Authority]* for the issue of a warrant under subsection 219B (5) of the Act authorising the use of a listening device within the meaning of Division 1A of Part XII of that Act in relation to the person mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 ·6.] #

4. This warrant takes effect from the time of its issue and remains in force until the end of  7.

Issued on  8 at 9.

 

…………………………………...

[Judge/nominated AAT member]*.

 

*

omit whichever is inapplicable

#

omit if inapplicable

1

insert full name of Judge or nominated AAT member

2

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

3

if applicable, insert times of day

4

if applicable, insert measures necessary to effect entry

5

insert full name and rank (if any) of applicant for warrant

6

if applicable, insert conditions/restrictions

7

insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant

8

insert date of issue

9

insert time of issue

Form 2Listening device warrant in relation to particular premises (Act s 219B (7))

(subregulation 3 (2))

Commonwealth of Australia

Customs Act 1901

WARRANT UNDER SUBSECTION 219B (7) IN RELATION TO PARTICULAR PREMISES

To:

Officials of the [Australian Federal Police/National Crime Authority]* who may, under subsection 219D (1) of the Customs Act 1901, exercise the authority conferred by this warrant.

1. I,  1, [a Judge/a nominated AAT member]* (within the meaning of section 219A of the Customs Act 1901) [acting under an arrangement made under section 11 of the Customs Act 1901]#, having been satisfied by information on oath of the matters specified in paragraphs 219B (7) (a) and (b) of that Act, authorise you as follows:

  • (a)

    to use a listening device for the purpose of listening to, or recording, words spoken by, or to, any person while the person is in                                             2;

  • [(b)

    [at any time of the day or night/between the hours of

    3]* to enter those premises[, without permission first being sought or demand first being made,]# for the purpose of installing, maintaining, using or recovering the listening device or a part of the listening device;]#

  • [(c)

    to take the following measures to effect entry:

 · 4.]#

2. This warrant is issued on the basis of information given to me by                                                                    5: [a member of the Australian Federal Police within the meaning of the Customs Act 1901, in respect of an application made on behalf of the Australian Federal Police/a member of [the National Crime Authority/a police force who is a member of the staff of the National Crime Authority]*, in respect of an application made on behalf of the National Crime Authority]* for the issue of a warrant under subsection 219B (7) of the Act authorising the use of a listening device within the meaning of Division 1A of Part XII of that Act in relation to the premises mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 ·6.]#

4. This warrant takes effect from the time of its issue and remains in force until the end of  7.

Issued on  8 at 9.

 

……………………………………

[Judge/nominated AAT member]*.

 

*

omit whichever is inapplicable

#

omit if inapplicable

1

insert full name of Judge or nominated AAT member

2

insert identifying details of premises in Australia

3

if applicable, insert times of day

4

if applicable, insert measures necessary to effect entry

5

insert full name and rank (if any) of applicant for warrant

6

if applicable, insert conditions/restrictions

7

insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant

8

insert date of issue

9

insert time of issue

Form 3Listening device warrant in relation to a particular item (Act s 219B (8B))

(subregulation 3 (3))

Commonwealth of Australia

Customs Act 1901

WARRANT UNDER SUBSECTION 219B (8B) IN RELATION TO A PARTICULAR ITEM

To:

Officials of the [Australian Federal Police/National Crime Authority]* who may, under subsection 219D (1) of the Customs Act 1901, exercise the authority conferred by this warrant.

1. I,  1, [a Judge/a nominated AAT member]* (within the meaning of section 219A of the Customs Act 1901) [acting under an arrangement made under section 11 of the Customs Act 1901]#, having been satisfied by information on oath of the matters specified in paragraphs 219B (8B) (a), (b) and (c) of that Act, authorise you as follows:

  • (a)

    to use a listening device for the purpose of listening to, or recording, words spoken by, or to, any person while the person is in the vicinity of

                                                                                     2 (which may be located anywhere in Australia);

  • [(b)

    [at any time of the day or night/between the hours of

    3]* to enter[, without permission first being sought or demand first being made,]# any premises in which the itemis, or is likely to be, for the purpose of installing the listening device, or a part of the listening device, in or on that item, or for the purpose of maintaining, using or recovering the listening device or a part of the listening device;]#

  • [(c)

    to take the following measures to effect entry:

 · 4.]#

2. This warrant is issued on the basis of information given to me by                                                                    5: [a member of the Australian Federal Police within the meaning of the Customs Act 1901, in respect of an application made on behalf of the Australian Federal Police/a member of [the National Crime Authority/a police force who is a member of the staff of the National Crime Authority]*, in respect of an application made on behalf of the National Crime Authority]* for the issue of a warrant under subsection 219B (8B) of the Act authorising the use of a listening device within the meaning of Division 1A of Part XII of that Act in relation to the item mentioned in paragraph 1 (a) of this warrant.

[3. This warrant is issued subject to the following conditions and restrictions:

 ·6.]

4. This warrant takes effect from the time of its issue and remains in force until the end of  7.

Issued on  8 at 9.

 

……………………………………

[Judge/nominated AAT member]*.

 

*

omit whichever is inapplicable

#

omit if inapplicable

1

insert full name of Judge or nominated AAT member

2

insert description of item

3

if applicable, insert times of day

4

if applicable, insert measures necessary to effect entry

5

insert full name and rank (if any) of applicant for warrant

6

if applicable, insert conditions/restrictions

7

insert a date within the period of 6 months that commences at the beginning of the day of issue of the warrant

8

insert date of issue

9

insert time of issue

Notes

1. These Regulations amend Statutory Rules 1980 No. 328, as amended by 1988 No. 199; 1990 No. 131; 1998 No. 15; 2000 No. 352.

2. Notified in the Commonwealth of Australia Gazette

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