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Comptroller Directions (Warrants) 2015

Authoritative Version
Directions/Other as amended, taking into account amendments up to Comptroller (Warrants) Amendment Directions 2021
Administered by: Home Affairs
Registered 18 Jan 2022
Start Date 01 Dec 2021

 

Commonwealth Coat of Arms of Australia

Comptroller Directions (Warrants) 2015

made under section 183UC of the

Customs Act 1901 (C.I)

and section 183UC of the

Customs Act 1901 (C.K.I)

Compilation No. 2

Compilation date:                              1 December 2021

Includes amendments up to:            F2021L01657

About this compilation

This compilation

This is a compilation of the Comptroller Directions (Warrants) 2015 that shows the text of the law as amended and in force on 1 December 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


COMPTROLLER DIRECTIONS (WARRANTS) 2015

 

SECTION 183UC OF THE CUSTOMS ACT 1901 (C.I.) AND

 

SECTION 183UC OF THE CUSTOMS ACT 1901 (C.K.I)

 

COMMONWEALTH OF AUSTRALIA

 

I, ROMAN QUAEDVLIEG, Comptroller of the Indian Ocean Territories Customs Service, under section 183UC of the Customs Act 1901 (C.I.) and section 183UC of the Customs Act 1901 (C.K.I.), give the following directions as to:

 

§  the manner in which the powers relating to warrants in Division 1 of Part XII of the Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.) may be exercised;

 

§  the officers of Customs who are entitled to exercise those powers in relation to warrants; and

 

§  the manner and frequency of reporting required concerning the exercise of those powers relating to warrants.

 

1.                       Preamble

 

1.1                  These Comptroller Directions regarding warrants (the Directions) set out directions in relation to the application for, and execution of search and seizure warrants granted respectively under Subdivisions C, D and DA of Division 1 of Part XII of the Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.).

 

1.2                  In the case of a conflict between the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.) and the Directions, the relevant provisions within the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.) shall apply.

 

1.3                  The terms used herein shall have the same meaning as in the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.).

 

1.4                  The term ‘Officer in Charge’ (OIC) refers to the highest ranking officer in a regional branch on duty at the time.

 

1.5                  The term ‘Case Manager’ refers to the supervising officer of the investigation relevant to a particular warrant, e.g. Inspector.

 

1.6                  The term ‘Case Officer’ refers to the officer responsible for conducting the investigation relevant to a particular warrant, e.g. Supervisor/Senior Border Force Officer.

 

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.

 

2.                       Directions regarding warrants

 

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.

 

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.

 

2.3                   Vetting of warrant applications

 

Where possible, prior to applying to a judicial officer for a warrant, the warrant application should be vetted by the Case Manager or OIC. Legal Group or the Commonwealth Director of Public Prosecutions (CDPP) may be consulted as appropriate.

 

2.4                   Warrant application

 

The warrant application should be made in the jurisdiction of the State of Western Australia.

 

Officers must comply with any requirement placed on them in the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.) when applying for warrants.

 

2.5                   Deficiencies in warrant applications

 

If a judicial officer rejects a warrant application because of a substantive deficiency, i.e. something more significant than an administrative error, a further application must not be made without the prior permission of the relevant OIC.

 

2.6                   Recording of decisions regarding the application for and execution of a warrant

 

All decisions and considerations regarding the decision to apply for and execute a warrant must be recorded in accordance with applicable record‑keeping requirements (including case management systems).

 

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.

 

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.

 

2.9                   Offices authorised to execute warrants

 

Search

 

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

 

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

 

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.

 

2.10               Authorisation for persons assisting with warrants

 

Pursuant to section 183UA of the Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.), a ‘person assisting’ in the execution of a search or seizure warrant must either be an ‘authorised person’ (as defined in subsection 183UA(1)) or be authorised by the Comptroller of the Indian Ocean Territories Customs Service (or his delegate).

 

2.11               Allegations of Damage

 

Allegations of damage to property caused by officers during the execution of a warrant must be reported to the OIC and the relevant SES employee or acting SES employee in the Australian Border Force (for information) as soon as practicable after the warrant is executed.

 

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).

 

3.                       Directions regarding ABF Investigator reporting

 

3.1.1             These requirements apply to search and seizure warrants applied for by ABF Investigators.

 

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.

 

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.

 

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.

 

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.

 

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.

 

 

 

 

These Directions commence on the day after they are is registered.

 

 

Dated: 1 July 2015

 

 

 

 

ROMAN QUAEDVLIEG

Comptroller of the Indian Ocean Territories Customs Service

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Comptroller Directions (Warrants) 2015

1 July 2015 (F2015L01084)

2 July 2015

-

Comptroller Amendment Directions (Warrants) 2017

15 May 2017 (F2017L00523)

15 May 2017 (s 2)

-

Comptroller (Warrants) Amendment Directions 2021

30 November 2021 (F2021L01657)

1 December 2021 (s 2)

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 1

am F2017L00523, F2021L01657

s 2

am F2017L00523, F2021L01657

s 3

am F2017L00523, F2021L01657

s 4

am F2021L01657

s 5

ad F2017L00523

 

rs F2021L01657