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SR 2002 No. 4 Regulations as made
These Regulations amend the Australian Federal Police Regulations 1979.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR11-Mar-2002
Tabled Senate11-Mar-2002
Gazetted 21 Feb 2002
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Australian Federal Police Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 42

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Federal Police Act 1979.

Dated 14 February 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

DARYL WILLIAMS


1              Name of Regulations

                These Regulations are the Australian Federal Police Amendment Regulations 2002 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Australian Federal Police Regulations 1979

                Schedule 1 amends the Australian Federal Police Regulations 1979.


Schedule 1        Amendments

(regulation 3)

  

[1]         Paragraph 27 (b)

omit

prescribed.

insert

prescribed; and

[2]         After paragraph 27 (b)

insert

                (c)    in respect of a warrant authorising officials to use a listening device in relation to a particular item, Form 6 in that Schedule is prescribed.

[3]         Schedule 1, Forms 4 and 5

substitute

Form 4        Listening device warrant in relation to a particular person (Act s 12G (2))

(paragraph 27 (a))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (2) IN RELATION TO A PARTICULAR PERSON

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

1.         I,                                                    1, [an eligible Judge/a nominated AAT member]* (within the meaning of section 12B of the Australian Federal Police Act 1979), having been satisfied by information on oath of the matters specified in paragraph 12G (2) (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, testing, 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, in respect of an application for the issue of a warrant under subsection 12G (2) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II 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 5        Listening device warrant in relation to particular premises (Act s 12G (4))

(paragraph 27 (b))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (4) IN RELATION TO PARTICULAR PREMISES

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

1.         I,                                                    1, [an eligible Judge/a nominated AAT member]* (within the meaning of section 12B of the Australian Federal Police Act 1979), having been satisfied by information on oath of the matters specified in paragraph 12G (4) (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                                                               2;

                           [(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, testing, 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, in respect of an application for the issue of a warrant under subsection 12G (4) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II 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 6        Listening device warrant in relation to a particular item (Act s 12G (5A))

(paragraph 27 (c))

Commonwealth of Australia

Australian Federal Police Act 1979

WARRANT UNDER SUBSECTION 12G (5A) IN RELATION TO A PARTICULAR ITEM

To:

Members of the Australian Federal Police who may, under subsection 12J (1) of the Australian Federal Police Act 1979, exercise the authority conferred by this warrant.

1.         I,                                                    1, [an eligible Judge/a nominated AAT member]* (within the meaning of section 12B of the Australian Federal Police Act 1979), having been satisfied by information on oath of the matters specified in paragraph 12G (5A) (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 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 that 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, testing, 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, in respect of an application for the issue of a warrant under subsection 12G (5A) of the Act authorising the use of a listening device within the meaning of Division 2 of Part II 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

1.       These Regulations amend Statutory Rules 1979 No. 210, as amended by 1980 No. 140; 1981 Nos. 161 and 192; 1982 Nos. 199 and 282; 1983 No. 158; 1984 Nos. 164, 296 (as amended by 1985 No. 82) and 297; 1985 Nos. 82 and 293; 1986 No. 299; 1987 No. 14; 1988 Nos. 83, 84 and 363; 1989 Nos. 1, 139, 343, 344, 361 and 362; 1990 Nos. 23, 87, 273 and 409; 1992 No. 298; 1993 No. 60; 1994 No. 113; 1995 No. 324; 1996 Nos. 171 and 330; 1997 No. 375; 1998 No. 232; 2000 Nos. 137 and 138; 2001 No. 77.

2.       Notified in the Commonwealth of Australia Gazette on 21 February 2002.