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
1 Name of Regulations [see Note 1]
2 Interpretation
3 Warrants
Schedule 1 Warrants under section 219B of the Act
Form 1 Listening device warrant in relation to a particular person (Act s 219B (5))
Form 2 Listening device warrant in relation to particular premises (Act s 219B (7))
Form 3 Listening device warrant in relation to a particular item (Act s 219B (8B))
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Customs (Narcotics Inquiries) Regulations 1980.
2 Interpretation
In these Regulations the Act means the Customs Act 1901.
3 Warrants
(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 1 Warrants under section 219B of the Act
(regulation 3)
Form 1 Listening 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 2 Listening 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 3 Listening 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 of 3]* to enter[, without permission first being sought or demand first being made,]# any premises in which the item is, 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 | Date of notification | Date of | Application, saving or |
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 | |