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Comptroller (Warrants) Amendment Directions 2021

Authoritative Version
  • - F2021L01657
  • No longer in force
Directions/Other as made
This instrument amends the Comptroller Directions (Warrants) 2015 to update the Directions following a restructure of the Australian Border Force.
Administered by: Home Affairs
Registered 30 Nov 2021
Tabling HistoryDate
Tabled HR02-Dec-2021
Tabled Senate08-Feb-2022
Date of repeal 08 Sep 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

 

LIN21/096

 

 

Comptroller (Warrants) Amendment Directions 2021

I, Michael Outram, Comptroller of the Indian Ocean Territories Customs Service, make the following directions.

Dated   26 November 2021

Michael Outram

Comptroller of the Indian Ocean Territories Customs Service

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Amendments                                                                                           2

Comptroller Directions (Warrants) 2015                                                                                         2

 

 


1  Name

                   This instrument is the Comptroller (Warrants) Amendment Directions 2021.

2  Commencement

                   This instrument commences on 1 December 2021.

3  Authority

                   This instrument is made under section 183UC of the Customs Act 1901 (C.K.I) and section 183UC of the Customs Act 1901 (C.I.).

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Comptroller Directions (Warrants) 2015

1  Section 1.1

Omit “outline the policy of the Indian Ocean Territories Customs Service”, substitute “set out directions”.

2  Section 1.4

Omit “a regional Branch on duty at the time e.g. EL2/Superintendent of a regional office of Enforcement Command”, substitute “a regional branch on duty at the time”.

3  Section 1.5

Omit “the case relevant to a particular warrant, e.g. EL1 Inspector”, substitute “the investigation relevant to a particular warrant, e.g. Inspector”.

4  Section 1.6

Omit “investigating officer of the case relevant to a particular warrant, e.g. APS6 Supervisor”, substitute “officer responsible for conducting the investigation relevant to a particular warrant, e.g. Supervisor/Senior Border Force Officer”.

5  At the end of section 1

Add:

1.7              The term ‘Australian Border Force’ has the same meaning as in the Australian Border Force Act 2015.

1.8              The term ‘ABF Investigator’ refers to an officer of Customs who occupies a position in the Australian Border Force as an investigator.

6  Section 2.1

Repeal the section, substitute:

2.1              Applying for a search warrant

                   A search warrant may only be applied for by an officer of Customs who is an ABF Investigator, and holds one or more of the following qualifications:

                       a)  a Certificate IV in Government (Investigations);

                      b)  a Diploma or Advanced Diploma of Government Investigation.

7  Section 2.2

Repeal the section, substitute:

2.2              Applying for a seizure warrant or seizure of goods in transit warrant

                   A seizure warrant or seizure of goods in transit warrant may only be applied for by an officer of Customs who:

                       a)  is an ABF Investigator who holds a Certificate IV in Government (Investigations) or a Diploma or Advanced Diploma of Government Investigation; or

                      b)  is aware of warrant application procedures.

8  Section 2.3 (heading)

Omit “Enforcement Command”, substitute “warrant”.

9  Section 2.3

Omit “Legal Services Branch”, substitute “Legal Group”.

10  Section 2.5

Omit “OIC of the regional Branch”, substitute “relevant OIC”.

11  Section 2.6

Omit “on the relevant case file, and for Enforcement Command these records must also be kept in the case management system”, substitute “in accordance with applicable record‑keeping requirements (including case management systems)”.

12  Section 2.7

Repeal the section, substitute:

2.7              Warrants to be executed only when in the interest of the Australian Border Force

                   Prior to warrant execution, the relevant OIC must confirm in writing that the proposed warrant is necessary and in accordance with the interests and functions of the Australian Border Force.

13  Section 2.8

Repeal the section, substitute:

2.8              Potentially sensitive matters

                   The OIC will ensure that a relevant SES employee or acting SES employee in the Australian Border Force is briefed prior to the execution of a warrant relating to a potentially sensitive matter.

14  Section 2.9

Repeal the section, substitute:

2.9              Offices authorised to execute warrants

                   Search

An executing officer or person assisting must comply with all of the conditions of the warrant.

                   A search warrant may only be executed by an officer of Customs who is an ABF Investigator, and holds one or more of the following qualifications:

                       a)  a Certificate IV in Government (Investigations);

                      b)  a Diploma or Advanced Diploma of Government Investigation.

                   Seizure

A seizure warrant or seizure of goods in transit warrant may only be executed by an officer of Customs who:

                       a)  is involved in the examination of cargo or goods; or

                      b)  is an ABF Investigator who holds a Certificate IV in Government (Investigations) or a Diploma or Advanced Diploma of Government Investigation.

15  Section 2.11

Omit “their SES1/Commander or Regional Commander”, substitute “the relevant SES employee or acting SES employee in the Australian Border Force”.

16  Section 2.12

Repeal the section, substitute:

2.12            Records

                   Each OIC of a relevant work area for warrants must maintain a formal record of all warrant applications (regardless of outcome), executed warrants, frisk/ordinary searches, Australian Border Force Use of Force Reports and allegations of damage. Records must be kept in accordance with applicable record‑keeping requirements (including case management systems).

17  Section 3 (heading)

Omit “Enforcement Command”, substitute “ABF Investigator”.

18  Section 3.1.1

Omit “officers in Enforcement Command”, substitute “ABF Investigators”.

19  Section 3.1.2

Repeal the section, substitute:

3.1.2           Pre Warrant Report: following approval from the Case Manager to make a warrant application, and prior to execution of the warrant, a Pre Warrant Report must be completed by the Case Officer. The report must detail the nature and purpose of the proposed warrant action, including a risk assessment, must be recorded in the case management system. The Pre Warrant report must be disseminated in accordance with ABF operational reporting requirements, and must be forwarded to:

                       a)  the OIC; and

                      b)  the relevant SES employees or acting SES employees in the Australian Border Force.

20  Section 3.1.3

Repeal the section, substitute:

3.1.3           Post Warrant Report: following search warrant execution, a Post Warrant Report must be compiled by the Case Officer and recorded in the case management system. The report details the events and outcome of the warrant. The Post Warrant Report must be disseminated in accordance with ABF operational reporting requirements, and must be forwarded to:

                       a)  the OIC; and

                      b)  the relevant SES employees or acting SES employees in the Australian Border Force.

21  Section 3.1.4

Repeal the section, substitute:

3.1.4           Use of Force: where use of force was necessary and reasonable to execute a warrant, full details must be reported to the OIC as soon as practicable after the incident. Australian Border Force operational safety procedures and Use of Force Reports must be followed/completed.

22  Section 4

Repeal the section, substitute:

4.                Directions regarding reporting in other Australian Border Force work areas

4.1              Similar procedures to those set out in section 3 must be followed for warrants applied for by officers other than ABF Investigators to ensure consistency and accountability.

23  Section 5

Repeal the section, substitute:

5.                Transitional matters

5.1              This instrument, as in force after the commencement of this section, applies in relation to warrants applied for, or issued, before that commencement.

5.2              Anything done or omitted to be done in accordance with a provision of this instrument (as in force before the commencement of this section) is taken to have been done or omitted to be done in accordance with the corresponding provision of this instrument (as in force after that commencement).

Note:          See the Comptroller (Warrants) Amendment Directions 2021 for the amendments made to this instrument to which this section applies.