Information Required by Statute

For period from 1 July 2016 to 30 June 2017.


Search and Surveillance Act 2012, relating to the utilisation of powers of entry, search, and surveillance

Section 171(1)(a)

The number of occasions on which entry or search powers were exercised without a warrant: 17

Section 171(1)(b)

The number of occasions on which warrantless surveillance powers were exercised that involved the use of a surveillance device: Nil

Section 171(1)(c)

In respect of each kind of surveillance device used without a warrant, the numbers of that kind of device used:

(i) for a period of no more than 24 hours: N/A

(ii) for a period of more than 24 hours but no more than 48 hours: N/A

Section 171(1)(d)

The number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power: Four

Section 171(1)(e)

The matters set out in section 172 in relation to surveillance device warrants and declaratory orders:

  • 172(a) – the number of applications for surveillance device warrants and declaratory orders granted or refused: Six surveillance device warrants granted, nil refused. Nil applications for declaratory orders
  • 172(b) – the number of surveillance device warrants granted that authorised the use of a surveillance device, and the number in respect of each kind of surveillance device: Six surveillance device warrants granted authorising the use of a surveillance device – two authorised the use of tracking devices and visual surveillance devices; four authorised the use of tracking devices only
  • 172(c) – the number of declaratory orders made that related to the use of a device, technique, procedure, or activity, and the number in respect of each device, technique, procedure, or activity: Nil
  • 172(d) – the number of surveillance device warrants granted that authorised entry into private premises: None
  • 172(e) – in respect of each kind of surveillance device authorised by a surveillance device warrant issued, the numbers of that kind of device used—

(i) for a period of no more than 24 hours: Nil

(ii) for a period of more than 24 hours but no more than 3 days: Nil

(iii) for a period of more than 3 days but no more than 7 days: Four tracking devices

(iv) for a period of more than 7 days but no more than 21 days: Three tracking devices

(v) for a period of more than 21 days but no more than 60 days: 14 tracking devices. An additional seven tracking devices were used for a period of more than 60 days (based on multiple warrants)

  • 172(f) – in respect of each declaratory order made, a general description of the nature of the device, technique, procedure, or activity covered by the order: N/A
  • 172(g) – the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by carrying out activities—

(i) under the authority of a surveillance device warrant issued: One
or
(ii) covered by a declaratory order made: N/A

  • 172(h) – if a Judge has reported to the chief executive under section 61 or 62 about a breach of any of the conditions of the issue of a surveillance device warrant, or about the use of a surveillance device not authorised under section 48, the number of those reports and the details of the breaches or the lack of authorisation reported: N/A.

Misuse of Drugs Act 1975 (Misuse of Drugs Amendment Act 1978), relating to the utilisation of powers of detention and search

Section 13M(a)

The number of applications for detention warrants made under section 13E by any officer of Customs: Nil

Section 13M(b)

The number of applications for renewal of detention warrants made under section 13I by any officer of Customs: Nil

Section 13M(c)

The number of such applications referred to in each of the preceding paragraphs of this section that were granted and the number that were refused (i.e. sections 13E and 13I): N/A

Section 13M(d)

The average duration of the detention warrants (including renewals) granted on applications by officers of Customs: N/A

Section 13M(e)

The number of prosecutions that have been instituted in which has been adduced evidence obtained directly during the detention of any person pursuant to detention warrants granted on applications by officers of Customs, and the results of those prosecutions: Nil

Section 13M(f)

The number of rub-down searches and strip searches undertaken by Customs officers under section 13EA: Nil