Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1) 2002 No. 6
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 6
Issued by the Authority of the Attorney-General
Customs Act 1901
Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1)
Part XII of the Customs Act 1901 (the Act) provides for the issue of warrants authorising the use of listening devices in connection with the investigation of narcotics offences. Section 219B permits the issue of warrants authorising the use of a listening device in relation to particular persons, premises or items by a Judge or nominated Administrative Appeal Tribunal (AAT) member in accordance with the prescribed form. Section 270 empowers the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act.
Section 219B originally provided that warrants could only be issued for the use of listening devices in relation to particular persons or premises. Schedule 1 of the Customs (Narcotics Inquiries) Regulations provides a prescribed form for warrants for the use of a listening device in relation to a particular person issued under s. 219B(5), whilst Schedule 2 provides a prescribed form for warrants for the use of a listening device in relation to a particular premises issued under s. 219B(7).
Section 219B of the Act was amended in 2001 by the Measures to Combat Serious and Organised Crime Act 2001 to permit warrants to be issued authorising the use of a listening device in relation to a particular item. The new Regulations prescribe the form for warrants authorising the use of a listening device in relation to a particular item issued under s 219B(8B) of the Act and update the drafting style of the existing prescribed forms for warrants.
Details of the Regulations are in the attachment.
The 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 2002 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Customs (Narcotics Inquiries) Regulations 1980.
Item 1 of Schedule 1 inserts the words "Form 1 in" into Subregulation 3(1) to reflect the inclusion of all warrant Forms in Schedule 1.
Item 2 of Schedule 1 inserts the words "Form 2 in Schedule 1" into Subregulation 3(2) to reflect the inclusion of all warrant Forms in Schedule 1.
Item 3 of Schedule 1 provides that the form for a warrant authorising the use of a listening device in relation to a particular item is Form 3 of Schedule 1.
Item 4 of Schedule 1 replaces existing Schedules 1 and 2 with a new Schedule 1. The revised Schedule provides simplified, plain English forms authorising the use of listening devices in relation to a particular person or premises, and a new Form 3 providing a warrant form authorising the use of listening devices in relation to a particular item.
Overview
The Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1) were enacted in 2002 to address gaps in the Customs Act 1901, specifically concerning the use of listening devices in the investigation of narcotics offences. This legislation was introduced to align with the amendments made to Section 219B of the Customs Act in 2001, which expanded the scope of warrant issuance to include particular items alongside persons and premises. The regulations were issued under the authority of the Attorney-General, with the intent of streamlining the warrant process and updating the forms to a more accessible drafting style, as prescribed under Section 270 of the Act. These amendments aimed to enhance the efficiency and clarity of the warrant procedures, ensuring that law enforcement agencies could effectively investigate narcotics offences while maintaining compliance with legal requirements.
Scope and Application
The Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1) pertain to the application of the Customs Act 1901, specifically focusing on the issuance of warrants for the use of listening devices in the investigation of narcotics offences. These regulations apply to persons or entities involved in the investigation of narcotics offences, particularly those authorised to issue warrants under Section 219B of the Act, which includes Judges and nominated Administrative Appeal Tribunal (AAT) members. The regulations update the forms prescribed for warrants, extending their application to cover not only particular persons and premises but also particular items, in line with the 2001 amendments to the Act. The Regulations amend the Customs (Narcotics Inquiries) Regulations 1980 to include a new form for warrants related to items and update the existing forms for warrants related to persons and premises. The changes are designed to standardise and simplify the forms, ensuring they are in plain English for easier understanding and use. The regulations have a national reach across Australia and are effective from the date of their gazettal.
Key Provisions
The Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1) amends the Customs (Narcotics Inquiries) Regulations 1980 to update and simplify the forms for warrants under the Customs Act 1901. Specifically, Section 219B of the Act, which permits the issue of warrants authorising the use of listening devices in relation to particular persons, premises or items, is updated through these Regulations (s. 2). Regulation 3 of Schedule 1 of the Amendment Regulations introduces Form 3 for warrants related to particular items, aligning with the changes to Section 219B made by the Measures to Combat Serious and Organised Crime Act 2001. The new forms, including Forms 1 and 2 for persons and premises, and the newly introduced Form 3 for items, are designed in simplified, plain English to ensure clarity and ease of use.
The Regulations impose specific obligations on parties involved in the issuance and execution of warrants for the use of listening devices under the Customs Act 1901. Judges or nominated Administrative Appeal Tribunal (AAT) members are required to issue warrants in accordance with the prescribed forms outlined in the updated Schedule 1 of the Customs (Narcotics Inquiries) Regulations. This includes the requirement to use Form 3 when issuing warrants in relation to particular items. Additionally, law enforcement and customs officials executing these warrants must adhere to the forms and procedures specified in the Regulations to ensure compliance with legal standards and protect the rights of individuals involved.
Breach of the provisions outlined in the Customs (Narcotics Inquiries) Amendment Regulations 2002 (No. 1) may lead to various civil and criminal consequences. While specific offences and penalties are not detailed within the Explanatory Statement, breaches of the Customs Act 1901, including improper use or authorisation of listening devices, could result in significant legal repercussions. Such breaches may include fines and imprisonment, as outlined in the relevant sections of the Customs Act. The precise penalties would depend on the nature and severity of the breach, with potential maximum penalties varying based on the specific offence committed. It is essential for parties to comply with the updated forms and procedures to avoid these potential consequences.