Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) 2000 No. 352
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 352
Issued by the Authority of the Attorney-General
Customs Act 1901
Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1)
Part XII of the Customs Act 1901 (the Act) provides for the use of listening devices in relation to narcotics offences. Section 219B(7) provides for warrants authorising the use of a listening device in relation to particular premises to be issued by a Judge or nominated Administrative Appeal Tribunal (AAT) member in accordance with the prescribed form. Section 270 provides for the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act.
Schedule 2 of the Customs (Narcotics Inquiries) Regulations provides a prescribed form for warrants for the use of a listening device in relation to particular premises issued under s. 219B(7). Section 219B originally provided that warrants could only be issued by Judges. The section was amended in 1997 by the Telecommunications (Interception) and Listening Device Amendment Act 1997 to provide that warrants could be issued by Judges or nominated members of the AAT.
The Regulations amend the form of warrant in Schedule 2 of the Customs (Narcotics Inquiries) Regulations to reflect that warrants may be issued by Judges or nominated AAT members.
Details of the Regulations are in the attachment.
The proposed Regulations commence on gazettal.
Attachment
NOTES ON PROPOSED REGULATIONS
The details of the proposed regulations are as follows:
Regulation 1 cites the regulations as the Customs (Narcotics Inquiries) Amendment Regulations 2000 (No. 1)
Regulation 2 provides that these Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Customs (Narcotics Inquiries) Regulations.
Item 1 of Schedule 1 substitutes the name of the regulations with Customs (Narcotics Inquiries) Regulations 1980.
Item 2 of Schedule 1 makes the reference to a Judge consistent with that used in the relevant provision of the Customs Act and identifies s.219A as that provision.
Item 3 of Schedule 1 clarifies the drafting of the regulation to make it consistent with s.219BW where the use of the word "or" is inclusive.
Item 4 of Schedule 1 clarifies the drafting of the regulation to make it clear that the use of the word "or" is inclusive.
Item 5 of Schedule 1 updates the drafting style of the regulation where it refers to "that Judge or nominated AAT member".
Item 6 of Schedule 1 inserts a missing parenthesis.
Item 7 of Schedule 1 amends the provision for inserting the commencing day to a day of this millennium.
Item 8 of Schedule 1 updates the drafting style of the date field.
Item 9 amends Schedule 2 to make the reference to a Judge consistent with that used in the relevant provision of the Customs Act and identifies 8.219A as that provision.
Item 10 amends Schedule 2 to clarify the drafting of the regulation to make it clear that the use of the word "or" is inclusive.
Item 11 amends Schedule 2 to correct the omission from the regulation of a reference to a "nominated AAT member" by inserting those words.
Item 12 amends Schedule 2 to clarify that the option "at any time of the *day/*night" are exclusive.
Item 13 amends Schedule 2 to amend the provision for inserting the commencing day to a day of this millennium.
Item 14 amends Schedule 2 to update the drafting style of the date field.
Item 15 amends Schedule 2 to correct the omission from the regulation of a reference to a "nominated AAT member" by inserting those words as an alternative to the reference to a "Judge".
Overview
The Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) were enacted in 2000 to amend the form of warrants that could be issued under Part XII of the Customs Act 1901, specifically concerning the use of listening devices in relation to narcotics offences. These regulations were introduced to address the gap left by the Telecommunications (Interception) and Listening Device Amendment Act 1997, which had already amended section 219B of the Customs Act to allow warrants to be issued by both Judges and nominated members of the Administrative Appeal Tribunal (AAT). The policy objective of these regulations was to ensure consistency in the language and drafting style of the warrant forms to accurately reflect the legislative changes introduced by the 1997 Act. The Regulations were issued under the authority of the Attorney-General and were made by the Governor-General in accordance with the powers vested in them by the Customs Act 1901.
Scope and Application
The Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) amend the Customs (Narcotics Inquiries) Regulations to reflect changes in the Customs Act 1901, specifically regarding the authority to issue warrants for the use of listening devices in relation to narcotics offences. The Regulations apply to the entire Commonwealth of Australia and are relevant to individuals or entities involved in activities pertaining to narcotics offences. They mandate that warrants for the use of listening devices can now be issued by either a Judge or a nominated Administrative Appeals Tribunal (AAT) member, aligning with the legislative amendment made by the Telecommunications (Interception) and Listening Device Amendment Act 1997. The Regulations aim to update and clarify the legal framework governing the issuance of such warrants, ensuring consistency with the current legislative language and improving the drafting style of the warrant forms. The Regulations do not introduce any exclusions or exemptions but ensure that the regulatory framework is up-to-date and coherent with statutory provisions.
Key Provisions
The Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) primarily concern the use of listening devices in relation to narcotics offences under the Customs Act 1901. Section 219B(7) of the Act, as amended by the Telecommunications (Interception) and Listening Device Amendment Act 1997, now allows for warrants authorising the use of a listening device in relation to particular premises to be issued by a Judge or a nominated member of the Administrative Appeal Tribunal (AAT) (sections 219B(7) and 270). The Regulations update the prescribed form of the warrant in Schedule 2 of the Customs (Narcotics Inquiries) Regulations to reflect that warrants may be issued by either a Judge or a nominated AAT member.
The Regulations impose specific obligations and requirements on those responsible for issuing warrants under the Customs Act 1901. The updated warrant form must clearly identify the issuing authority, which can now be either a Judge or a nominated AAT member. This ensures that the warrant is compliant with the current legislative framework and reflects the expanded authority to issue such warrants. The Regulations also require that the warrant form be updated to include the appropriate reference to a nominated AAT member and to clarify the drafting to ensure inclusivity where the word "or" is used. These changes aim to streamline the process of issuing warrants and ensure consistency with the relevant provisions of the Customs Act.
Failure to comply with the provisions of the Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) could result in various civil and criminal consequences. Although the specific offences, penalties, and consequences are not detailed in the Explanatory Statement, breaches of regulations related to the issuance of warrants for listening devices could potentially lead to legal challenges regarding the validity of the warrants. Such challenges could affect the admissibility of evidence obtained through the use of listening devices, thereby impacting the outcome of proceedings related to narcotics offences. The severity of penalties would depend on the nature of the breach and the specific provisions of the Customs Act 1901 and any other relevant legislation.
In summary, the Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1) update the warrant form to align with changes in the Customs Act 1901, allowing for warrants to be issued by either a Judge or a nominated AAT member. These Regulations impose specific requirements on the form and content of the warrant, ensuring that it is consistent with current legal provisions. Non-compliance with these Regulations could lead to significant legal consequences, particularly in the context of narcotics-related proceedings.