Document ID: chunk:federal_register_of_legislation:F2022C00074:body:0:p4
Version: federal_register_of_legislation:F2022C00074
Segment Type: other
Provision Reference: 
Character Range: 8604–11847

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

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