Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (NARCOTICS INQUIRIES) AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 6

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.