Customs Amendment Act (No. 4) 1979

Administered by Attorney-General's Department

Legislation au C2004A02190 Not in force Act

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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.

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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.

 

 

Overview

The Customs Amendment Act (No. 4) 1979 was enacted to amend the Customs Act 1901 in relation to the conferral of powers on the Australian Federal Police (AFP) regarding narcotics offences. This amendment was introduced to address the need for enhanced law enforcement capabilities in combating narcotics-related activities. The Act was passed by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia. The overarching policy objective was to integrate the AFP more closely into customs enforcement activities, particularly those pertaining to narcotics, thereby strengthening the regulatory framework against drug trafficking. The Act ensures that specific powers and responsibilities previously held by Customs officers are now extended to AFP members, facilitating a more coordinated approach to narcotics enforcement.

Scope and Application

The Customs Amendment Act (No. 4) 1979 amends the Customs Act 1901 to confer specific powers on the Australian Federal Police (AFP) in relation to narcotics offences. This Act applies to members of the AFP, defined as including special members and acting Commissioners of Police, and it pertains to their involvement in narcotics investigations, including the use of listening devices, execution of warrants, and the retention of warrants. The amendments extend to the geographic reach of the Commonwealth of Australia, applying uniformly across federal jurisdictions. However, the amendments do not apply to any records or information obtained before the Act's commencement. The Act also allows for further specification and restriction of its application through subordinate instruments, which may detail the exact procedures and protocols for AFP members in executing their duties under this legislation.

Key Provisions

The Customs Amendment Act (No. 4) 1979 (section 1) amends the Customs Act 1901 (referred to as the Principal Act) to confer powers on the Australian Federal Police in relation to narcotics offences. The main operative sections of this Act include amendments to definitions (section 3), the use of listening devices (section 4), the exercise of powers under a warrant (section 5), the disclosure of certain information (section 6), the retention of warrants (section 7), the repeal of a provision on obstruction (section 8), the reporting of the use of listening devices (section 9), and amendments to interpretation, assessment, and court procedures (sections 10-12). Additionally, formal amendments are made to various sections of the Principal Act as outlined in the Schedule (section 13). The Act imposes specific obligations and requirements on parties and entities it governs. Firstly, it delineates the roles and responsibilities of the Australian Federal Police in narcotics-related customs operations. This includes the use of listening devices and the exercise of powers under warrants (sections 4 and 5). Furthermore, the Act mandates that certain information, particularly that relating to serious offences, can be communicated to members of the Australian Federal Police or state police officers for investigative purposes (section 6). The Act also requires that warrants be retained by the Australian Federal Police and that reports be made to the Minister concerning the use of listening devices (sections 7 and 9). Additionally, the Act specifies that members of the Australian Federal Police, alongside Customs officers, are to be considered in various sections concerning interpretation, assessment, and court procedures (sections 10-12). The Customs Amendment Act (No. 4) 1979 also outlines offences, penalties, and consequences for breach. Offences may arise from the obstruction of authorised members of the Australian Federal Police, which is now punishable under the amended provisions (section 8). While the Act does not explicitly detail specific penalties, breaches of the amended provisions could result in legal consequences under the broader framework of the Principal Act and other relevant legislation. It is also noteworthy that the Act provides savings provisions, ensuring that amendments to section 219f do not apply to records or information obtained before the Act's commencement (section 14).

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Criminal Law
Customs Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.