Customs (Narcotics Inquiries) Regulations 1980 (Cth)

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Customs (Narcotics Inquiries) Regulations 1980

Statutory Rules 1980 No. 328 as amended

made under the

Customs Act 1901

This compilation was prepared on 15 January 2003

taking into account amendments up to SR 2002 No. 326

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

 These Regulations are the Customs (Narcotics Inquiries) Regulations 1980.

2Interpretation

 In these Regulations the Act means the Customs Act 1901.

3Warrants
  • (1)

    The form of warrant for the purposes of subsection 219B (5) of the Act is Form 1 in Schedule 1.

  • (2)

    The form of warrant for the purposes of subsection 219B (7) of the Act is Form 2 in Schedule 1.

  • (3)

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

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/Australian Crime Commission]* 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/[the Chief Executive Officer/a member of a police force who is a member of the staff]* of the Australian Crime Commission], in respect of an application made on behalf of the Australian Crime Commission]* 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/Australian Crime Commission]* 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;

 [(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/[the Chief Executive Officer/a member of a police force who is a member of the staff]* of the Australian Crime Commission], in respect of an application made on behalf of the Australian Crime Commission]* 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/Australian Crime Commission]* 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 of3]* 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/[the Chief Executive Officer/a member of a police force who is a member of the staff]* of the Australian Crime Commission], in respect of an application made on behalf of the Australian Crime Commission]* 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 to the Customs (Narcotics Inquiries) Regulations 1980

Note 1

The Customs (Narcotics Inquiries) Regulations 1980 (in force under the Customs Act 1901) as shown in this compilation comprise Statutory Rules 1980 No. 328 amended as indicated in the Tables below.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1980 No. 328

5 Nov 1980

5 Nov 1980

1988 No. 199

19 Aug 1988

19 Aug 1988

—

1990 No. 131

25 June 1990

25 June 1990

—

1998 No. 15

19 Feb 1998

19 Feb 1998

—

2000 No. 352

20 Dec 2000

20 Dec 2000

—

2002 No. 6

21 Feb 2002

21 Feb 2002

—

2002 No. 326

20 Dec 2002

1 Jan 2003 (see r. 2)

—

 

Table of Amendments

    ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.........................................

rs. 1988 No. 199; 2000 No. 352

R. 3 ........................................

am. 2002 No. 6

Schedule 1 ............................

rs. 1988 No. 199

am. 1990 No. 131; 1998 No.15; 2000 No. 352

rs. 2002 No. 6

am. 2002 No. 326

Schedule 2.............................

rs. 1988 No. 199

am. 1990 No. 131; 2000 No. 352

rs. 2002 No. 6

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