EXPLANATORY STATEMENT
Statutory Rules of 1988 No. 199
Issued by the Authority of the Minister for Justice
Customs (Narcotics Inquiries) Regulations (Amendment)
Sub-sections 219A-K of the Customs Act 1901 were amended by the Crimes Legislation Amendment Act (No. 2) 1988 to empower the National Crime Authority (NCA) to apply in its own right for a warrant to use a listening device in narcotics investigations on the same basis as the Australian Federal Police (AFP). The National Crime Authority was established in 1984 by the Commonwealth Government to provide the focus for Commonwealth/State efforts to combat organised crime. The Authority has been granted coercive powers for investigations for which it has been granted a ‘special’ reference by the relevant Commonwealth Minister of a State Minister with the approval of the Inter-Governmental Committee. However, the Authority could not make an application in its own right for the use of listening devices to investigate drug offences. It was anomalous that the Authority was denied powers which are available to the AFP.
Sub-sections 219B(5) and 219B(7) of the Customs Act provide for the issuing of a warrant to use listening devices in relation to a particular person or in relation to particular premises in narcotics investigations. The Customs (Australian Federal Police Narcotic Inquiries) Regulations set out the form of warrants as prescribed in sub-sections 219B(5) and 219B(7) of the Customs Act.
The proposed amendments to the above Regulations reflect the amendments to the Customs Act by referring to both the Australian Federal Police and the National Crime Authority and their officials as defined in Section 219A of the amended Act.