Part C: Other Information
Statement in terms of the Misuse of Drugs Amendment Act 1978
Section 13M of the Misuse of Drugs Amendment Act 1978 requires the Comptroller of Customs to include in every annual report prepared for submission to Parliament, the following information in respect of the period under review:
Section 13M (a)
The number of applications for detention warrants made under Section 13E (i.e. applications to the Court).
In the 2004/2005 year there were FOUR such applications made by Customs officers.
Section 13M (b)
The number of applications for renewal of detention warrants made under Section 13I.
In the 2004/2005 year there was NIL applications made by Customs officers.
Section 13M (c)
The number of such applications referred to in each of the preceding paragraphs that were granted and the number that were refused.
In the 2004/2005 year THREE applications made by Customs officers were granted, and ONE was refused.
Section 13M (d)
The average duration of the detention warrants (including renewals) granted.
One detention lasted three days, two detentions lasted two days.
Section 13M (e)
The number of prosecutions instituted in which has been adduced evidence obtained directly during the detention of any persons pursuant to detention warrants granted on application, and the results of those prosecutions.
Prosecutions were instituted in respect to three detentions, as follows:
Detention one – two day duration – 728 grams cocaine recovered, offender still to be sentenced.
Detention two – three day duration – 790 grams cocaine recovered, offender sentenced to six years imprisonment.
Detention three – two day duration – 70 grams cocaine recovered, offender still to be sentenced.
Statement in terms of Telecommunication Act 1987
Section 10R (2) of the Telecommunications Act 1987 requires the Comptroller of Customs to include in every annual report prepared for submission to Parliament, the following information in respect of the period under review:
Section 10R (2) (a)
The number of applications made by Customs officers for call data warrants.
In the 2004/2005 year FOUR applications were made by Customs officers.
Section 10R (2) (b)
The number of applications made under section 10K by Customs officers for renewals of call data warrants.
In the 2004/2005 year ONE application was made by Customs officers.
Section 10R (2) (c)
The number of applications referred to in each of paragraphs (a) and (b) that were granted, and the number that were refused.
In the 2004/2005 year FIVE applications that were made by Customs officers were granted, NIL were refused.
Section 10R (2) (d)
The average duration of call data warrants (including renewals) issued to Customs officers.
30 days.
Statement in terms of the Summary Proceedings Act 1957
Section 200J of the Summary Proceedings Act 1957 requires the Comptroller of Customs to include in every annual report prepared for submission to Parliament the following information relating to the utilisation of tracking device powers in respect of the period under review:
Section 200J (a)
The number of warrants issued under Section 200C.
In the 2004/2005 year 27 such warrants were issued by Customs officers.
Section 200J (b)
The number of renewals of warrants granted under Section 200C.
In the 2004/2005 year no such renewals of warrants were issued by Customs officers.
Section 200J (c)
The average duration of warrants including renewals.
In the 2004/2005 year the average duration of warrants, including renewals, was 21 days.
Section 200J (d)
The number of times a tracking device was used without a warrant under Section 200G.
In the 2004/2005 year tracking devices were used THREE times without a warrant under Section 200G.
Section 200J (e)
The number of warrants under Section 200I issued.
In the 2004/2005 year ONE such warrant was issued by Customs officers.
Section 200J (f)
The number of times a Judge gave authority for a tracking device to remain in place.
In the 2004/2005 year no authorities were given by a Judge for a tracking device to remain in place.
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