Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (NARCOTIC INQUIRIES) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 352

STATUTORY RULES 2000 No. 352

Issued by the Authority of the Attorney-General

Customs Act 1901

Customs (Narcotic Inquiries) Amendment Regulations 2000 (No. 1)

Part XII of the Customs Act 1901 (the Act) provides for the use of listening devices in relation to narcotics offences. Section 219B(7) provides for warrants authorising the use of a listening device in relation to particular premises to be issued by a Judge or nominated Administrative Appeal Tribunal (AAT) member in accordance with the prescribed form. Section 270 provides for the Governor-General to make regulations prescribing matters required or permitted to be prescribed by the Act.

Schedule 2 of the Customs (Narcotics Inquiries) Regulations provides a prescribed form for warrants for the use of a listening device in relation to particular premises issued under s. 219B(7). Section 219B originally provided that warrants could only be issued by Judges. The section was amended in 1997 by the Telecommunications (Interception) and Listening Device Amendment Act 1997 to provide that warrants could be issued by Judges or nominated members of the AAT.

The Regulations amend the form of warrant in Schedule 2 of the Customs (Narcotics Inquiries) Regulations to reflect that warrants may be issued by Judges or nominated AAT members.

Details of the Regulations are in the attachment.

The proposed 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 2000 (No. 1)

Regulation 2 provides that these Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Customs (Narcotics Inquiries) Regulations.

Item 1 of Schedule 1 substitutes the name of the regulations with Customs (Narcotics Inquiries) Regulations 1980.

Item 2 of Schedule 1 makes the reference to a Judge consistent with that used in the relevant provision of the Customs Act and identifies s.219A as that provision.

Item 3 of Schedule 1 clarifies the drafting of the regulation to make it consistent with s.219BW where the use of the word "or" is inclusive.

Item 4 of Schedule 1 clarifies the drafting of the regulation to make it clear that the use of the word "or" is inclusive.

Item 5 of Schedule 1 updates the drafting style of the regulation where it refers to "that Judge or nominated AAT member".

Item 6 of Schedule 1 inserts a missing parenthesis.

Item 7 of Schedule 1 amends the provision for inserting the commencing day to a day of this millennium.

Item 8 of Schedule 1 updates the drafting style of the date field.

Item 9 amends Schedule 2 to make the reference to a Judge consistent with that used in the relevant provision of the Customs Act and identifies 8.219A as that provision.

Item 10 amends Schedule 2 to clarify the drafting of the regulation to make it clear that the use of the word "or" is inclusive.

Item 11 amends Schedule 2 to correct the omission from the regulation of a reference to a "nominated AAT member" by inserting those words.

Item 12 amends Schedule 2 to clarify that the option "at any time of the *day/*night" are exclusive.

Item 13 amends Schedule 2 to amend the provision for inserting the commencing day to a day of this millennium.

Item 14 amends Schedule 2 to update the drafting style of the date field.

Item 15 amends Schedule 2 to correct the omission from the regulation of a reference to a "nominated AAT member" by inserting those words as an alternative to the reference to a "Judge".