Customs Act 1901
(Div 1A, comprising s 219A to 219K, repealed by No 152 of 2004, Sch 1, item 5, effective 15 December 2004.)
View history note
Hide history noteDiv 1A, comprising s 219A to 219K, repealed by No 152 of 2004, Sch 1, item 5, effective 15 December 2004.
No 152 of 2004, Sch 1, item 5, provides:
Transitional and saving provision
6
Despite the repeal of Division 1A of Part XII of the Customs Act 1901 by item 5 of this Schedule:
(a) any warrant issued under that Division and in force immediately before the day of that repeal remains in force, according to its terms, after that day as if that Division had not been repealed; and
(b) any consent by a Judge of a court created by the Parliament to be nominated by the Minister under subsection 219AA(1) of the Customs Act 1901, being a consent that is in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a consent to be declared by the Minister to be an eligible Judge under subsection 12(3) of the Surveillance Devices Act 2004 ; and
(c) any nomination by the Minister of a Judge of a court created by the Parliament as a Judge who may issue warrants under that Division, being a nomination that was in force immediately before the day of that repeal, is to be treated, with effect from that day, as if it were a nomination of that Judge as an eligible Judge for the purposes of section 12 of the Surveillance Devices Act 2004 ; and
(d) any nomination by the Minister of a person holding an appointment referred to in subsection 219AB(1) of the Customs Act 1901 , being a nomination that was in force immediately before the day of that repeal, is taken, with effect from that day, to be a nomination of that person for the purposes of section 13 of the Surveillance Devices Act 2004 .
Div 1A formerly read:
Division 1A - The Use of Listening Devices in relation to Narcotics Offences
SECTION 219A INTERPRETATION
219A(1) [Definitions]In this Division -
ACC
means the Australian Crime CommissionHistoryDefinition of ACC inserted by No 125 of 2002, s 3, Sch 2, item 33, effective 1 January 2003.
"chief officer"
, in relation to a Commonwealth law enforcement agency, means:
(a) where the agency is the ACC - the Chief Executive Officer of the ACC; and
(b) where the agency is the Australian Federal Police the Commissioner of Police;HistoryDefinition of ``chief officer'' amended by No 125 of 2002, s 3, Sch 2, item 34, effective 1 January 2003.
Definition of ``chief officer'' amended by No 135 of 2001, Sch 10, item 1, commenced 12 October 2001.
"Commonwealth law enforcement agency"
means the ACC or the Australian Federal Police;HistoryDefinition of ``Commonwealth law enforcement agency'' amended by No 125 of 2002, s 3, Sch 2, item 35, effective 1 January 2003
"Judge"
means -
(a) a Judge of a court created by the Parliament or of the Supreme Court of the Australian Capital Territory in relation to whom a consent under subsection 219AA(1), and a nomination under subsection 219AA(2), are in force;
(b) a Judge of the Supreme Court of a State in respect of whom an appropriate arrangement in force under section 11 is applicable; or
(c) a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in paragraph (a) and in respect of whom an appropriate arrangement in force under section 11 is applicable;HistoryDefinition of ``Judge'' amended by No 67 of 2002, s 3 and Sch 1 item 1, effective 5 July 2002.
Definition of ``Judge'' amended by No 11 of 1990, s 27, effective 14 February 1990.
"listening device"
means any instrument, device or equipment capable of being used, whether alone or in conjunction with any other instrument, device or equipment, to record or listen to spoken words;member of the staff of the ACC
has the same meaning as in the Australian Crime Commission Act 2002 .HistoryDefinition of member of the staff of the ACC inserted by No 125 of 2002, s 3, Sch 2, item 36, effective 1 January 2003
"narcotics offence"
means an offence punishable as provided by section 235."nominated AAT member"
means a member of the Administrative Appeals Tribunal in respect of whom a nomination is in force under section 219AB to issue warrants under section 219B for use of listening devices.HistoryDefinition of ``nominated AAT member'' inserted by No 160 of 1997, Sch 3 item 1, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
"official"
, in relation to a Commonwealth law enforcement agency, means:
(a) where the agency is the ACC - the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of the staff of the ACC; and
(b) where the agency is the Australian Federal Police - a member of the Australian Federal Police or another person under the authority of the Commissioner of Police;HistoryDefinition of ``official'' amended by No 125 of 2002, s 3, Sch 2, item 37, effective 1 January 2003.
"premises"
includes:
(a) any structure, building, aircraft or ship, or a vehicle or other carriage; and
(b) any land (whether or not enclosed or built on); and
(c) any part of premises (including premises of a kind referred to in paragraph (a) or (b));HistoryDefinition of ``premises'' omitted and substituted by No 11 of 1990, s. 27, effective 14 February 1990.
"prescribed offence"
means:
(a) a narcotics offence; or
(b) an offence (other than a narcotics offence) against a law of the Commonwealth or of a State or Territory punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years;HistoryDefinition of ``prescribed offence'' amended by No 11 of 1990, s 27, effective 14 February 1990.
"relevant proceeding"
means:
(a) a proceeding by way of prosecution for a prescribed offence;
(b) a proceeding under a law of the Commonwealth, or of a State or Territory, relating to confiscation or forfeiture of property, or the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence;
(c) a proceeding for the taking of evidence in Australia for transmission to a foreign country for use in any proceeding for the surrender of a person to Australia, in so far as that first-mentioned proceeding relates to a prescribed offence; or
(d) a proceeding for the extradition of a person from New Zealand to Australia, or from a State or Territory to another State or Territory in so far as that proceeding relates to a prescribed offence.
219A(2) [Interpretation]In this Division, unless the contrary intention appears -
(a) a reference to narcotics inquiries that are being made by officials of a Commonwealth law enforcement agency shall be read as a reference to -
(i) inquiries that are being made by officials of the agency in relation to a narcotics offence that has been committed or is reasonably suspected of having been committed; or
(ii) if there are circumstances reasonably giving rise to the suspicion that a narcotics offence is likely to be committed - inquiries that are being made by officials of the agency in relation to the likely commission of that offence;
(b) a reference to narcotics inquiries that have been made by officials of a Commonwealth law enforcement agency shall be read as a reference to -
(i) inquiries that have been made by officials of the agency in relation to a narcotics offence that has been committed or was reasonably suspected of having been committed; or
(ii) if there have been circumstances that reasonably gave rise to the suspicion that a narcotics offence was likely to be committed - inquiries that have been made by officials of the agency in relation to the likely commission of that offence.
(c) a reference to a proceeding under a law of the Commonwealth for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence includes a reference to:
(i) a proceeding for the condemnation or recovery of a ship or aircraft, or of goods, seized under a seizure warrant under section 203 or under subsection 203B(2) or (2A), 203C(2), 203CA(3) or 203CB(2) in connection with the commission of a narcotics offence;
(ii) a proceeding by way of an application for an order under subsection 243B(1); or
(iii) a proceeding by way of an application for an order or a warrant under the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 1987 ; and
(d) a reference to a proceeding under a law of a State or Territory for the confiscation or forfeiture of property in connection with the commission of a prescribed offence includes a reference to any proceeding under a law of that State or Territory relating to a restraint of dealing with the proceeds of crime.SECTION 219AA CERTAIN JUDGES ELIGIBLE TO ISSUE WARRANTS FOR USE OF LISTENING DEVICESHistoryS 219A(2) amended by No 86 of 2002, s 3, Sch 6, item 21, effective 1 January 2003.
S 219A(2) amended by No 82 of 2002, Sch 4 [ 30], effective 10 October 2002.
S 219A(2) amended by No 137 of 1999, s 3 and Sch 1, item 68, effective 16 December 1999; No 85 of 1995, s 6 and Sch 4, effective 1 July 1995.
219AA(1) [Written consent]A Judge of a court created by the parliament or of the Supreme Court of the Australian Capital Territory may, by writing, consent to be nominated by the Minister under subsection (2).
HistoryS 219AA(1) amended by No 67 of 2002, s 3 and Sch 1 item 2, effective 5 July 2002.
S 219AA(1) inserted by No 11 of 1990, s 28, effective 14 February 1990.
219AA(2) [Nomination]The Minister may, by writing, nominate a Judge of a court referred to in subsection (1) in relation to whom a consent is in force under that subsection to be a Judge for the purposes of this Division.
SECTION 219AB NOMINATED AAT MEMBERS MAY ISSUE WARRANTS FOR USE OF LISTENING DEVICESHistoryS. 219AA(2) inserted by No 11 of 1990, s 28, effective 14 February 1990.
219AB(1) [Nomination by Minister]The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under section 219B for use of listening devices:
(a) Deputy President;
(b) full-time senior member;
(c) part-time senior member;
(d) member.
219AB(2) [Qualification]Despite subsection (1), the Minister must not nominate a person who holds an appointment as a senior member or a member of the Tribunal unless the person:
(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and
(b) has been so enrolled for not less than 5 years.
219AB(3) [Cessation]A nomination ceases to have effect if:
(a) the nominated AAT member ceases to hold an appointment of a kind set out in subsection (1); or
(b) the Minister, by writing, withdraws the nomination.SECTION 219B USE OF LISTENING DEVICESHistoryS 219AB inserted by No 160 of 1997, Sch 3 item 2, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(1) [Unlawful use of listening devices]It is unlawful for an official of a Commonwealth law enforcement agency to use, for the purposes of narcotics inquiries that are being made by officials of the agency, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless -
(a) he is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard;
(b) not being a person permitted to listen to or record the words under paragraph (a), he does so with the consent, express or implied, of such a person; or
(c) he does so in accordance with a warrant issued to the agency under this Division.
219B(2) [Unlawful for person acting by arrangement with official]It is unlawful for a person acting by arrangement with an official of a Commonwealth law enforcement agency to use, for the purposes of narcotics inquiries that are being made by officials of the agency, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless he is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard.
219B(3) [Reasonable steps to avoid contravention]It is the duty of the chief officer of each Commonwealth law enforcement agency to take reasonable steps to ensure that subsections (1) and (2) are not contravened by officials of the agency.
219B(4) [Where use not unlawful]Notwithstanding any law of a State or Territory -
(a) an official of a Commonwealth law enforcement agency does not act unlawfully by reason only of using a listening device as referred to in subsection (1) in circumstances to which paragraph (a), (b) or (c) of that subsection is applicable; and
(b) a person acting by arrangement with an official of a Commonwealth law enforcement agency does not act unlawfully by reason only of using a listening device as referred to in subsection (2) in circumstances in which the use of that device is not declared to be unlawful by that subsection.
219B(4A) [Member may apply for a listening device warrant]Application for the issue of a warrant to a Commonwealth law enforcement agency under this section shall be made on the agency's behalf by:
(a) where the agency is the ACC - the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002 ) or a member of a police force who is a member of the staff of the ACC; and
(b) where the agency is the Australian Federal Police - a member of the Australian Federal Police.HistoryS 219B(4A) amended by No 125 of 2002, s 3, Sch 2, item 38, effective 1 January 2003.
219B(5) [Issuing listening device warrants in relation to persons]Where, upon application being made to a Judge or nominated AAT member for the issue of a warrant to a Commonwealth law enforcement agency under this section authorizing the use of a listening device in relation to a particular person, the Judge or nominated AAT member is satisfied, by information on oath, that -
(a) the person has committed, or is suspected on reasonable grounds of having committed, or of being likely to commit, a narcotics offence; and
(b) the use by officials of the agency of a listening device to listen to or record words spoken by or to that person will, or is likely to, assist officials of the agency in or in connection with -
(i) inquiries that are being made in relation to a narcotics offence that the person has committed or is reasonably suspected of having committed; or
(ii) if there are circumstances reasonably giving rise to the suspicion that the person is likely to commit a narcotics offence - inquiries that are being made in relation to the likely commission, by that person, of that offence,the Judge or nominated AAT member may, by warrant under his hand in accordance with the prescribed form, authorize officials of the agency, subject to any conditions or restrictions that he sees fit to specify in the warrant, to use a listening device for the purpose of listening to or recording words spoken by, to or in the presence of that person, and such a warrant may authorize officials of the agency to enter any premises in which the person is, or is likely to be, for the purpose of installing, maintaining, using or recovering a listening device or a part of a listening device.
HistoryS 219B(5) amended by No 160 of 1997, Sch 3 item 3, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(6) [Grant of warrant]A Judge or nominated AAT member may grant a warrant under subsection (5) authorizing the use of a listening device for the purpose of listening to or recording words spoken by, to or in the presence of a person anywhere in Australia.
HistoryS 219B(6) amended by No 160 of 1997, Sch 3 item 4, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(7) [Issuing listening device warrants in relation to premises]Where, upon application being made to a Judge or nominated AAT member for the issue of a warrant to a Commonwealth law enforcement agency under this section authorizing the use of a listening device in relation to particular premises, the Judge or nominated AAT member is satisfied, by information on oath, that -
(a) there are reasonable grounds for suspecting that the premises have been, or are likely to be, used in connection with the commission of a narcotics offence; and
(b) the use by officials of the agency of a listening device to listen to or record words spoken by or to persons in those premises will, or is likely to, assist officials of the agency in, or in connection with, inquiries that are being made in relation to the use, or likely use, of the premises in connection with the commission of a narcotics offence,the Judge or nominated AAT member may, by warrant under his hand in accordance with the prescribed form, authorize officials of the agency, subject to any conditions or restrictions that he sees fit to specify in the warrant, to use a listening device for the purpose of listening to or recording words spoken by or to any person while the person is in those premises, and such a warrant may authorize officials of the agency to enter those premises for the purpose of installing, maintaining, using or recovering a listening device or a part of a listening device.
HistoryS 219B(7) amended by No 160 of 1997, Sch 3 item 5, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(8) [Jurisdiction of authority]A Judge or nominated AAT member may grant a warrant under subsection (7) authorizing the use of a listening device in respect of premises situated anywhere in Australia.
HistoryS 219B(8) amended by No 160 of 1997, Sch 3 item 6, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(8A) Issuing listening device warrants in relation to items.A person referred to in subsection (4A) may apply to a Judge or nominated AAT member to issue a warrant to a Commonwealth law enforcement agency authorising the use of a listening device in relation to a particular item.
HistoryS 219B(8A) inserted by No 136 of 2001, Sch 5, item 8, effective 29 October 2001.
219B(8B) [Judge to be satisfied]The Judge or nominated AAT member may issue a warrant if satisfied, by information on oath, that:
(a) there are reasonable grounds for suspecting that the item has been, or is likely to be, used in connection with the commission of a narcotics offence; and
(b) the use by officials of the agency of a listening device to listen to or record words spoken by or to persons in the vicinity of the item will, or is likely to, assist officials of the agency in, or in connection with, inquiries that are being made in relation to the use, or likely use, of the item in connection with the commission of a narcotics offence; and
(c) some or all of the information cannot appropriately be obtained by using a listening device authorised by a warrant under subsection (5) or (7).HistoryS 219B(8B) inserted by No 136 of 2001, Sch 5, item 8, effective 29 October 2001.
219B(8C) [Authority under warrant]The Judge or nominated AAT member may issue a warrant authorising one or more of the following:
(a) the use of a listening device by officials of the agency for the purpose of listening to or recording words spoken by or to any person while the person is in the vicinity of the item (which may be located anywhere in Australia);
(b) the entry onto premises by the officials for the purpose of:
(i) installing the listening device or a part of the listening device in or on the item;
(ii) maintaining, using or recovering the device or a part of the device.HistoryS 219B(8C) inserted by No 136 of 2001, Sch 5, item 8, effective 29 October 2001.
219B(8D) [Condition or restrictions]A warrant may be subject to any conditions or restrictions that the Judge or nominated AAT member sees fit to specify in the warrant.
HistoryS 219B(8D) inserted by No 136 of 2001, Sch 5, item 8, effective 29 October 2001.
219B(8E) [Warrant to be signed]A warrant must be signed by the judge or nominated AAT member and in accordance with the prescribed form.
HistoryS 219B(8E) inserted by No 136 of 2001, Sch 5, item 8, effective 29 October 2001.
219B(9) [Warrants authorising entry onto premises]Where a warrant under this section authorizes entry on premises the warrant shall state whether entry is authorized to be made at any time of the day or night or only during specified hours and may, if the Judge or nominated AAT member issuing the warrant thinks fit, provide that entry be made without permission first being sought or demand first being made, and authorize measures that he is satisfied are necessary for that purpose.
HistoryS 219B(9) amended by No 160 of 1997, Sch 3 item 7, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219B(10) [When warrant is in force]A warrant under this section shall specify the period for which it is to remain in force, being a period not exceeding 6 months.
219B(11) [Further warrants]Subsection (10) shall not be construed as preventing the issue of any further warrant.
219B(12) [Warrant does not authorise an interception]Nothing in this section, or in a warrant under this section, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception) Act 1979 , constitute the interception (whether or not in contravention of subsection 7(1) of that Act) of a communication passing over a telecommunications system within the meaning of that Act.
SECTION 219C INFORMATION TO BE GIVEN IN SUPPORT OF APPLICATION FOR WARRANTHistoryS 219B amended by No 11 of 1990, s 29, effective 14 February 1990.
219C
Information furnished to a Judge or nominated AAT member for the purposes of subsection 219B(5), (7) or (8B) -
(a) may be given orally or otherwise; and
(b) shall include the facts and other grounds on which the applicant considers it necessary that the warrant should be issued.SECTION 219D EXERCISE OF POWERS UNDER WARRANTHistoryS 219C amended by No 136 of 2001, Sch 5, item 9, effective 29 October 2001; No 160 of 1997, Sch 3 item 8, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219D(1) [Exercise of authority]The authority conferred by a warrant issued to a Commonwealth law enforcement agency under section 219B shall be exercised only by the chief officer of the agency or by other officials of the agency approved, for the purposes of that warrant or of warrants issued under that section, by the chief officer or by an authorised official of the agency.
219D(2) [Reference to authorised official]In subsection (1), a reference to an authorised official of a Commonwealth law enforcement agency is a reference to an official of the agency appointed by the chief officer of the agency, by writing, to be an authorised official of the agency for the purposes of this section.
SECTION 219E DISCONTINUANCE OF ACTION BEFORE EXPIRATION OF WARRANT
219E
Where, before a warrant granted to a Commonwealth law enforcement agency under this Division ceases to be in force, the chief officer of that agency is satisfied that the grounds on which the warrant was issued have ceased to exist, he or she shall:
(a) forthwith take such steps as are necessary to ensure that action in pursuance of the warrant (other than the recovery of a listening device or a part of a listening device) is discontinued; and
(b) by instrument signed by him or her revoke the warrant. SECTION 219F CERTAIN INFORMATION NOT TO BE DISCLOSED
219F(1) [Obtained through listening device]A person shall not divulge or communicate to another person, or make use of or record, any information obtained by using a listening device for the purposes of narcotics inquiries that are being, or have been, made by officials of a Commonwealth law enforcement agency, being information that has come to his knowledge or into his possession by reason of his being, or having been, an official of the agency or by reason of his having entered into an arrangement with an official of the agency to use a listening device for the purpose of those inquiries, except for the purposes of those inquiries.
Penalty: Imprisonment for 3 years.
HistoryS 219F(1) amended by No 11 of 1990, s 30, effective 14 February 1990.
219F(2) [Authorized communication]Notwithstanding subsection (1), the chief officer of a Commonwealth law enforcement agency may, in accordance with the following paragraphs, personally or by another official of the agency authorised by the chief officer, communicate information obtained by using a listening device for the purposes of narcotics inquiries that are being, or have been, made by officials of the agency:
(a) where the information relates, or appears to relate, to the commission, or intended commission, of a prescribed offence - the information may be communicated, for the purpose of the investigation of the offence, to:
(i) an official of that agency; or
(ii) an official of the other Commonwealth law enforcement agency; or
(iii) an officer of the Police Force of a State or Territory; or
(iv) an officer of the Police Integrity Commission of New South Wales; and
(b) where the information relates, or appears to relate, to activities that constitute, or to intended activities that would constitute, activities prejudicial to security, within the meaning of the Australian Security Intelligence Organisation Act 1979 - the information may be communicated to the person holding, or performing the duties of, the office of Director-General of Security under that Act.HistoryS 219F(2) amended by No 161 of 1999, s 3 and Sch 3, item 24, effective 10 December 1999; No 160 of 1997, Sch 3 item 9, effective 11 November 1997; No 11 of 1990, s 30, effective 14 February 1990.
219F(3) [Narcotics inquiries]Without limiting the purposes for which a person may, in accordance with subsection (1), divulge information, a person may divulge or communicate information obtained by using a listening device for the purpose of narcotics inquiries that are being, or have been, made by officials of a Commonwealth law enforcement agency, for a purpose connected with:
(a) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding; or
(b) the conduct of a relevant proceeding.
219F(4) [Court's powers]Where a person is prosecuted before a Court for a prescribed offence, the Court may, in its discretion, refuse to permit information referred to in subsection (3) to be given in evidence in the proceedings if it is satisfied that it would be unfair to the accused to admit the information in evidence.
219F(5) [Definition]In this section:
officer of the Police Integrity Commission means a person who is, for the purposes of the Police Integrity Commission Act 1996 of New South Wales, an officer of the Police Integrity Commission of New South Wales.
SECTION 219G CERTAIN RECORDS TO BE DESTROYEDHistoryS 219F(5) inserted by No 160 of 1997, Sch 3 item 10, effective 11 November 1997.
219G
Where, by virtue of a warrant issued to a Commonwealth law enforcement agency under this Division, any record or copy has been made and the chief officer of the agency is satisfied:
(a) that the record or copy will not assist, and is not likely to assist, officials of the agency in, or in connection with narcotics inquiries that are being, or have been, made by them; and
(b) that the record or copy is not required, and is not likely to be required -
(i) in, or in connection with, a relevant proceeding; or
(ii) in, or in connection with, the exercise by officials of the agency of the powers conferred on the chief officer of the agency by subsection 219F(2),the chief officer of the agency shall cause the record or copy to be destroyed.
SECTION 219H WARRANTS ETC. TO BE RETAINEDHistoryS 219G amended by No 11 of 1990, s 31, effective 14 February 1990.
219H
The chief officer of a Commonwealth law enforcement agency shall cause to be retained in the records of the agency all warrants issued to the agency under section 219B, all documents furnished to a Judge or nominated AAT member in connection with the issue of those warrants, and all instruments issued under section 219E revoking warrants so issued.SECTION 219J (REPEALED)HistoryS 219H amended by No 160 of 1997, Sch 3 item 11, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219J
(Repealed by No 180 of 1979.) SECTION 219K REPORTS TO BE MADE TO MINISTER CONCERNING USE OF LISTENING DEVICES
219K(1) [Copy of warrant must be furnished to Minister]The chief officer of a Commonwealth law enforcement agency shall furnish to the Minister a copy of each warrant issued to the agency, under section 219B, a copy of all documents furnished to a Judge or nominated AAT member in connection with the issue of the warrant and each instrument issued under section 219E revoking the warrant as soon as practicable after the issue or revocation of a warrant.
HistoryS 219K(1) amended by No 160 of 1997, Sch 3 item 12, effective 1 February 1998. S 3 of No 160 of 1997 provides that the amendment ceases to have effect at the end of 1999.
219K(2) [Written report to Minister]The chief officer of a Commonwealth law enforcement agency shall give the Minister, in respect of each warrant issued to the agency under section 219B, a report in writing with respect to the use, whether the use was for the purposes of narcotics inquiries or otherwise, made by officials of the agency of information obtained by using a listening device under the warrant and the communication of any information so obtained to persons other than officials of the agency.
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