Document ID: chunk:federal_register_of_legislation:F2022C00075:body:0:p2
Version: federal_register_of_legislation:F2022C00075
Segment Type: other
Provision Reference: 
Character Range: 2814–5959

of Customs (Warrants) Directions 2015 (the Directions) set out directions in relation to the application for, and execution of search warrants and seizure warrants granted respectively under Subdivisions C, D and DA of Division 1 of Part XII of the Customs Act.

     1.2                   In the case of a conflict between the Act and the Directions, the Act shall prevail.

     1.3                   The terms used herein shall have the same meaning as in the Act.

     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.

Directions regarding warrants

     2.1                   Applying for and executing a search warrant relating to premises or a person

     A search warrant may only be applied for or 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.

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

     2.2                   Applying for and executing a seizure warrant or seizure of goods in transit warrant

     An application for a seizure warrant or seizure of goods in transit warrant may only be made by an officer of Customs who:

         a)             is trained in warrant application procedures; or

         b)             is an ABF Investigator who holds a Certificate IV in Government (Investigations) or a Diploma or Advanced Diploma of Government Investigation.

     The execution of a seizure warrant or seizure of goods in transit warrant may only be undertaken 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.

     2.3                   Authorisation for persons assisting with warrants

     Pursuant to section 183UA of the Customs Act, 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‑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