Document ID: chunk:federal_register_of_legislation:F2022C00074:body:0:p3
Version: federal_register_of_legislation:F2022C00074
Segment Type: other
Provision Reference: 
Character Range: 5671–8874

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.

     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.

     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