House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)

SCHEDULE 11 - WARRANTS

Customs Act 1901

Background

193. Sections 198, 203 and 203DA of the Customs Act provide for warrants to be issued by judicial officers, including judicial officers of State Courts, for the search of premises or the seizure of certain goods. Section 208G of the Customs Act requires a copy of the warrant, when a search or seizure warrant is being executed at premises, to be made available to the occupier of the premises.

194. Paragraph 203G(5)(a) provides that 'a copy of the warrant', in relation to a warrant issued under sections 198, 203 or 203DA of the Customs Act, means a copy of the warrant which includes the signature of the judicial officer who issued the warrant and the seal of the relevant court.

195. As a number of Courts no longer use court seals, such as the State courts of Queensland, the requirement in paragraph 203G(5)(a) that the copy of the warrant include the seal of the relevant court, is not able to be complied with.

196. Consistent with warrant provisions in other Commonwealth legislation, such as the Crimes Act 1914 and the Environmental Protection and Biodiversity Conservation Act 1999 which do not require a copy of the warrant to include the seal of the relevant court, paragraph 203G(5)(a) of the Customs Act is to be amended to remove the requirement that the copy of the warrant include the seal of the relevant court.

Item 1 - Subsection 203G(5) (paragraph (a) of the definition of a copy of the warrant)

197. This item omits from paragraph (a) of the definition of 'a copy of the warrant' contained in subsection 203G(5)(5) of the Customs Act the words "and the seal of the relevant court". This amendment means that a copy of a warrant issued under section 198, 203 or 203DA of the Customs Act only needs to contain the signature of the judicial officer.