Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (NARCOTICS INQUIRIES) REGULATIONS (AMENDMENT) 1998 NO. 15

Statutory Rules 1998 No. 15

Issued by the authority of the Minister for Customs and Consumer Affairs

Customs Act 1901

Customs (Narcotics Inquiries) Regulations (Amendment)

Section 270 of the Customs Act 1901 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or matters necessary or convenient to be prescribed for carrying out or giving effect to the Act or for any business relating to the Customs.

The Customs (Narcotics Inquiries) Regulations prescribe the forms of judicial warrant authorising the use of listening devices by the Australian Federal Police or the National Crime Authority under Division 1A of Part XII of the Customs Act 1901 (the Act) for purposes connected with the investigation of narcotics offences. The Telecommunications (Interception) and Listening Device Amendment Act 1997 (the Amendment Act) amends the Act to provide, among other things, that the Minister administering Division 1A of Part XII of the Act - at present the Attorney-General or the Minister for Justice - may nominate certain members of the Administrative Appeals Tribunal (the AAT) to undertake the work of issuing listening device warrants to the Australian Federal Police and the National Crime Authority in connection with narcotics inquiries. Other amendments of the Act confer on AAT members the power to issue warrants once they have been duly nominated. The amendments to the Act commenced on 1 February 1998 by Proclamation.

The purpose of the Customs (Narcotics Inquiries) Regulations (Amendment) is to amend the forms of warrant to refer to nominated AAT members as persons capable of exercising the statutory authority to issue listening device warrants to the Australian Federal Police and the National Crime Authority. The amendments are required because the existing prescribed forms are based on the premise that only judges may issue wan-ants under Division 1A of Part XII of the Act References to judges will remain in the prescribed forms of warrant.

Details of the regulations are attached.

The regulations commenced on gazettal.

DETAILS OF THE CUSTOMS (NARCOTICS INQUIRIES) REGULATIONS (AMENDMENT)

Regulation 1: Amendment

This regulation gives effect to the amendments.

Regulation 2: Schedule 1 (Warrant under subsection 219B (5) in relation to a particular person)

This regulation inserts into the prescribed form references to 'a nominated AAT member (within the meaning of the Customs Act 1901)' in addition to the existing references to 'a Judge'. As a result of the amendment, the prescribed form of warrant, issued in respect of a particular person, refers to both 'a Judge' and 'a nominated AAT member' as alternative persons capable of exercising the statutory power to issue a listening device warrant to the Australian Federal Police or the National Crime Authority under Division 1A of Part XII of the Act.

Regulation 3: Schedule 1 (Warrant under subsection 219B (7) in relation to a particular premises)

This regulation makes the same amendments to the form prescribed for section 219B(7) of the Act. This form is prescribed for listening device warrants issued in respect of particular premises.