Customs (Narcotics Inquiries) Regulations 1980

Administered by Attorney-General's Department

Legislation au F1996B00610 Regulations Not in force Legislative Instrument

Legislation content

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
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

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

 

Overview

The Customs (Narcotics Inquiries) Regulations 1980 were enacted under the Customs Act 1901 to address the need for lawful interception of communications in relation to narcotics investigations. These Regulations, as amended, provide a legal framework for the issuance and execution of warrants that authorise the use of listening devices in specified circumstances. The authority to make these regulations stems from the Customs Act 1901, which empowers the Parliament of Australia to create rules necessary for the effective administration and enforcement of the Act. The primary policy objective of these Regulations is to facilitate the investigation and enforcement of narcotics-related offences by allowing authorised officials to intercept communications under judicial oversight, thereby ensuring that such actions are both lawful and proportionate.

Scope and Application

The Customs (Narcotics Inquiries) Regulations 1980, made under the Customs Act 1901, primarily govern the procedures and forms for obtaining warrants related to the use of listening devices for narcotics-related investigations within Australia. These Regulations apply to officials of the Australian Federal Police and the Australian Crime Commission who are authorised to exercise the authority conferred by these warrants. The warrants allow for the use of listening devices to monitor conversations in relation to specific individuals, particular premises, or items, anywhere in Australia. These warrants can authorise entry into premises without prior permission and may include conditions and restrictions to ensure the warrants are executed within legal boundaries. The Regulations also detail the forms and conditions under which these warrants can be issued, specifying the information required and the authority that can issue the warrant. The Regulations are subject to amendment, with changes reflecting updates to the law and procedural adjustments over time, ensuring they remain effective and relevant in narcotics-related investigations.

Key Provisions

The Customs (Narcotics Inquiries) Regulations 1980 provide the legal framework for the use of listening devices in narcotics-related investigations under the Customs Act 1901. The regulations specify the types of warrants required for the use of listening devices, as outlined in regulation 3(1), (2), and (3). These warrants must be issued by a Judge or a nominated Administrative Appeals Tribunal (AAT) member and can authorize the use of listening devices in relation to particular persons, premises, or items, as detailed in Schedule 1, Forms 1, 2, and 3 respectively. These warrants impose several obligations on the parties involved. For example, the warrant must specify the authority conferred upon the officials of the Australian Federal Police or the Australian Crime Commission, as per regulation 3(1). The warrants must also detail the specific conditions and restrictions under which the listening device may be used, as per regulation 3(3). The warrants must be issued based on information provided on oath, as required by the Customs Act 1901, and must take effect immediately upon issuance, remaining in force until a specified date within six months from the date of issue, as outlined in the warrant forms. Failure to comply with the requirements of these regulations, or the misuse of a listening device, may result in criminal and civil penalties. The specific offences and penalties are not detailed in the Customs (Narcotics Inquiries) Regulations 1980 but are found in the Customs Act 1901. Generally, the misuse of listening devices without a valid warrant or in contravention of the warrant's conditions can result in criminal charges, which may include fines and imprisonment. Civil consequences may include claims for damages and other legal remedies for any harm or infringement of privacy resulting from the misuse of the listening devices. The exact penalties for these offences depend on the specific circumstances and provisions of the Customs Act 1901.

Legal classification tags

Area of Law
Criminal Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

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.