Document ID: chunk:federal_register_of_legislation:F2022C00075:body:0:p3
Version: federal_register_of_legislation:F2022C00075
Segment Type: other
Provision Reference: 
Character Range: 5668–8896

either be an 'authorised person' (as defined in subsection 183UA(1)) or be authorised by the Comptroller‑General of Customs (or his delegate).

     2.4                   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.

     2.5                   Warrant application

     Where possible, the warrant application should be made in the State or Territory that the warrant is to be executed.

     Officers of Customs must comply with any requirement placed on them in the Act when applying for warrants.

     2.6                   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.

     2.7                   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).

     2.8                   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.

     2.9                   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.

     2.10               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 as soon as practicable after the warrant is executed.

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

     3.2                   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