Statutory Statements

Statement in terms of the Misuse of Drugs Amendment Act 1978

Section 13M of the Misuse of Drugs Amendment Act 1978 requires the Chief Executive of Customs to report to Parliament by including in every annual report the following information relating to the utilisation of powers of detention and search in respect of the period under review (being the period from 1 July 2007 to 30 June 2008).  

Section 13M(a)
The number of applications for detention warrants made under section 13E (i.e. applications to the court).
 In 2007/08, there were no applications for detention warrants made by Customs officers under section 13E.  

Section 13M(b)
The number of applications for renewal of detention warrants made under section 13I.
In 2007/08, there were no applications for renewal of detention warrants made by Customs officers under section 13I.  

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 2007/08, there were no applications granted and no applications refused.  

Section 13M(d)
The average duration of the detention warrants (including renewals) granted.
As there were no detention warrants (including renewals) granted in 2007/08, there was no average duration of such warrants.  

Section 13M(e)
The number of prosecutions instituted in which has been adduced evidence obtained directly during the detention of any person pursuant to detention warrants granted on applications by Customs officers, and the results of those prosecutions.
In 2007/08, there were no prosecutions instituted.  

Section 13M(f)
The number of rub-down searches and strip searches undertaken under section 13EA.
In 2007/08, there were no rub-down searches and strip searches undertaken by Customs officers under section 13EA.    

Statement in terms of the Telecommunications (Residual Provisions) Act 1987

Section 10R(2) of the Telecommunications (Residual Provisions) Act 1987 requires the Chief Executive of Customs to include in every annual report prepared for submission to Parliament the following information relating to the utilisation of powers to obtain call data warrants in respect of the period under review (being the period from 1 July 2007 to 30 June 2008).  

Section 10R(2)(a)
The number of applications made by Customs officers for call data warrants.
 In 2007/08, there were no applications made by Customs officers for call data warrants.  

Section 10R(2)(b)
The number of applications made under section 10K by Customs officers for renewals of call data warrants.
In 2007/08, there were no applications made by Customs officers for renewal of call data warrants.  

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 2007/08, there were no applications granted and no applications refused.  

Section 10R(2)(d)
The average duration of call data warrants (including renewals) issued to Customs officers.
As there were no call data warrants (including renewals) granted in 2007/08, there was no average duration of such warrants.    

Statement in terms of the Summary Proceedings Act 1957

Section 200J of the Summary Proceedings Act 1957 requires the Chief Executive 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 (being the period from 1 July 2007 to 30 June 2008).  

Section 200J(a) The number of warrants issued under section 200C.
In 2007/08, there were 25 warrants issued to Customs officers under section 200C.  

Section 200J(b) The number of renewals of warrants granted under section 200C.
In 2007/08, there were three renewals of warrants granted to Customs officers under section 200C.  

Section 200J(c) The average duration of warrants including renewals.
In 2007/08, the average duration of warrants, including renewals, issued  to Customs officers was 34.28 days.  

Section 200J(d) The number of times a tracking device was used without a warrant under section 200G.
In 2007/08, the number of times a tracking device was used by Customs officers without a warrant under section 200G was nil.  

Section 200J(e) The number of warrants issued under section 200I.
In 2007/08, there was one warrant issued to Customs officers under section 200I.  

Section 200J(f) The number of times a Judge gave authority for a tracking device to remain in place.
In 2007/08, the number of times a Judge gave authority to Customs officers for a tracking device to remain in place was nil.