Document ID: chunk:federal_register_of_legislation:F2022C00074:body:0:p2
Version: federal_register_of_legislation:F2022C00074
Segment Type: other
Provision Reference: 
Character Range: 2707–5977

powers relating to warrants.

       1. Preamble

     1.1                   These Comptroller Directions regarding warrants (the Directions) set out directions in relation to the application for, and execution of search and seizure warrants granted respectively under Subdivisions C, D and DA of Division 1 of Part XII of the Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.).

     1.2                   In the case of a conflict between the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.) and the Directions, the relevant provisions within the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.) shall apply.

     1.3                   The terms used herein shall have the same meaning as in the Customs Act 1901 (C.I.) or Customs Act 1901 (C.K.I.).

     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.

     2.                       Directions regarding warrants

     2.1                   Applying for a search warrant

     A search warrant may only be applied for 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.

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

     A seizure warrant or seizure of goods in transit warrant may only be applied for by an officer of Customs who:

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

         b)             is aware of warrant application procedures.

     2.3                   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.

     2.4                   Warrant application

     The warrant application should be made in the jurisdiction of the State of Western Australia.

     Officers must comply with any requirement placed on them in 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,