Customs (Narcotics Inquiries) Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 1991

Customs (Narcotics Inquiries) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901.

Dated 19 August 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Michael Tate

Minister of State for Justice

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Customs (Australian Federal Police Narcotics Inquiries) Regulations.

2. Regulation 1 of the Principal Regulations is repealed and the following regulation substituted:

Citation

“1. These Regulations may be cited as the Customs (Narcotics Inquiries) Regulations.”.

Schedule 1

3. Schedule 1 to the Principal Regulations is repealed and the following Schedule substitued:

 

(S.R. 231/88)—Cat. No. 16/15.8.1988

SCHEDULE 1 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 within the meaning of Division 1a or Part XII of the Customs Act 1901.

* WHEREAS application has been made to me on behalf of the Australian Federal Police by (full name and rank, if any, of applicant for warrant), a member of the Australian Federal Police within the meaning of the Customs Act 1901,for the issue of a warrant under section 219b of that Act to the Australian Federal Police authorising the use of a listening device within the meaning of Division 1a of Part XII of that Act in relation to a particular person, namely  (full name of person and, if known, the address and occupation of that person) :

* WHEREAS application has been made to me on behalf of the National Crime Authority by (full name and rank, if any, of applicant for warrant) .

*a member of the National Crime Authority,

*a member of a police force who is a member of the staff of the National Crime Authority,

for the issue of a warrant under section 219b of the Customs Act 1901 to the National Crime Authority authorising the use of a listening device within the meaning of Division 1a of Part XII of that Act in relation to a particular person, namely  (full name of person and, if known, the address and occupation of that person) :

AND WHEREAS I, (full name), a Judge of the Court of,

*in respect of whom an appropriate arrangement in force under section 11 of that Act is applicable,

am satisfied, by information on oath, that:

(a)  (full name of person)has committed (or, as the case may be, is suspected on reasonable grounds of having committed or is suspected on reasonable grounds of being likely to commit) a narcotics offence within the meaning of that Division; and

(b) the use by officials of the *Australian Federal Police/*National Crime Authority within the meaning of that Division of such a listening device to listen to or record words spoken by or to the last mentioned person will, or is likely to, assist such officials in or in connection with inquiries that are being made in relation to such a narcotics offence that that person has committed or is reasonably suspected of having committed (or inquiries that are being made in relation to the likely commission, by that person, of such a narcotics offence):

I HEREBY AUTHORISE you to use a listening device within the meaning of that Division for the purpose of listening to or recording words spoken by, to or in the presence of(full name of person)*anywhere in Australia

* subject to the following conditions or restrictions:

(here insert any conditions or restrictions that Judge sees fit to specify) :

*AND I FURTHER AUTHORISE you to enter on any premises in which (full name of person)is, or is likely to be, for the purposes of installing, maintaining, using or recovering such a listening device or a part of such a listening device and such entry may be made during the hours of (or at any time of the day or night)

*without permission first being sought or demand first being made:

*and I hereby authorise the following measures that I am satisfied are necessary for that purpose:

(here specify measures authorised to be taken) :

 

SCHEDULE 1—continued

AND this warrant shall remain in force for the period of commencing on the  day of 19 .

Dated this day of 19 .

Judge

 

* Omit if inapplicable.

 

Schedule 2

4. Schedule 2 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 2 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/*National Crime Authority Police with the meaning of Division 1a of Part XII of the Customs Act 1901.

*WHEREAS application has been made to me on behalf of the Australian Federal Police by (full name and rank, if any, of applicant for warrant), a member of the Australian Federal Police within the meaning of the Customs Act 1901, for the issue of a warrant under section 219b of that Act to the Australian Federal Police authorising the use of a listening device within the meaning of Division 1a of Part XII of that Act in relation to particular premises in Australia, namely  (description of premises) :

*WHEREAS application has been made to me on behalf of the National Crime Authority by (full name and rank, if any, of applicant for warrant),

* a member of the National Crime Authority,

* a member of a police force who is a member of the staff of the National Crime Authority,

for the issue of a warrant to the National Crime Authority under section 219b of the Customs Act 1901 to the National Crime Authority authorising the use of a listening device within the meaning of Division 1a of Part XII of that Act in relation to particular premises in Australia, namely

(description of premises) :

AND WHEREAS I, (full name), a Judge of the Court of  ,

* in respect of whom an appropriate arrangement in force under section 11 of that Act is applicable,

am satisfied, by information on oath, that:

(a) there are reasonable grounds for suspecting that those premises have been (or there are reasonable grounds for suspecting that those premises are likely to be ) used in connection with the commission of a narcotics offence within the meaning of that Division; and

(b) the use by officials of the *Australian Federal Police/*National Crime Authority within the meaning of that Division of such a listening device to listen to or record words spoken by or to the persons in those premises will, or is likely to, assist such officials in, or in connection with, inquiries that are being made in relation to the use, or likely use, of those premises in connection with the commission of such a narcotics offence:

SCHEDULE 2—continued

I, HEREBY AUTHORISE you to use a listening device within the meaning of that Division for the purpose of listening to or recording words spoken by or to any person while the person is in those premises

* subject to the following conditions or restrictions:

(here insert any conditions or restrictions that Judge sees fit to specify):

* AND I FURTHER AUTHORISE you to enter on those premises during the hours of (or at any time of the day or night) for the purpose of installing, maintaining, using or recovering such a listening device or a part of such a listening device *without permission first being sought or demand first being made:

*and I hereby authorise the following measures that I am satisfied are necessary for the purpose:

(here specify measures authorised to be taken) :

AND this warrant shall remain in force for the period of   commencing on the day of  19 .

Dated this day of 19 .

Judge

 

* Omit if inapplicable.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 August 1988.

2. Statutory Rules 1980 No. 328.

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