EXPLANATORY STATEMENT
CUSTOMS (NARCOTICS INQUIRIES) REGULATIONS (AMENDMENT)
1990 No. 131
The Customs (Narcotics Inquiries) Regulations (Amendment) substitute a new form of words for the addressing of warrants prescribed under the Customs (Narcotics Inquiries) Regulations. The amendment is not intended to do anything other than to clarify who may execute listening device warrants issued under the Customs Act 1901.
Under section 219B of the Act a nominated Judge may issue warrants in accordance with the prescribed form authorising the use of listening devices in relation to persons or premises. Section 219D provides that the authority conferred by a warrant may only be exercised by the Commissioner of the AFP or Chairman of the NCA or approved officers of those respective agencies.
The appropriateness of the wording of the form of warrant currently prescribed has recently been considered. Warrants prior to the making of this Amendment were addressed to: Officials of the AFP or NCA within the meaning of Division 1A of Part XII of the Customs Act 1901. This wording arguably directs the warrant to that class of persons as defined in section 219A, namely to each officer of the AFP or NCA and hence may not be consistent with the limitation placed by section 219D upon the class of persons authorised to exercise the warrant.
The amendment in the regulations will put beyond doubt the validity of warrants issued under the Customs Act by amending the address of the warrants so that it more accurately reflects the class of persons which the Act authorises to exercise a warrant’s authority.
Authorised by the Attorney-General