CRIMES
ACT 1914 - PART 1AB
CONTROLLED
OPERATIONS
FIRST ANNUAL
REPORT UNDER SECTION 15T
1996-1997
© Commonwealth of Australia
1997
TABLE
OF CONTENTS
- CONTROLLED
OPERATIONS
- Introduction
Comment
Accountability
Legislation
Law Enforcement Observations on the Legislation
Section 15T
Judicial Consideration of Part 1AB
-
- APPLICATIONS
FOR A CERTIFICATE AUTHORISING A CONTROLLED OPERATION
- Certificates
Issued by Senior Officers of the AFP
Certificates Issued by the Chairperson and Members of the NCA
- INDEX OF CERTIFICATES
-
CONTROLLED
OPERATIONS
Introduction
‘Controlled Operation’
is an expression used to describe a covert operation by a law enforcement agency
carried out for the purpose of gathering evidence that may lead to the identification
and prosecution of a person for a criminal offence. Such operations are most
commonly employed by Commonwealth law enforcement agencies in connection with
investigations surrounding the importation of narcotic goods.
Importation and trafficking
in narcotic goods is a clandestine criminal activity frequently carried out
in a highly organised manner with subterfuge, deceit and elaborate concealment
methods. It is a major priority of Commonwealth law enforcement agencies to
detect and apprehend the individuals and networks involved.
Prior to 1995, Commonwealth
law enforcement agencies relied upon the common law and Ministerial arrangements
to engage in controlled operations. The most recent Ministerial agreement was
made between the then Minister for Industry, Technology and Commerce and the
then Special Minister of State and came into effect on 3 June 1987. The agreement
addresses the relationship between the Australian Customs Service (ACS), the
National Crime Authority (NCA) and the Australian Federal Police (AFP) with
respect to narcotic drug law enforcement.
On 19 April 1995 the High
Court handed down its decision in the matter of Ridgeway v The Queen.
By a majority of 6-1 the court decided that where law enforcement officials
use a controlled operation during an investigation into narcotics trafficking
and, as a result, commit an element of an offence with which a defendant is
charged, a court should normally refuse to admit the evidence of that element
against the defendant.
The central issue in ridgeway
was the admissibility of evidence. The High Court held that, because of the
involvement of law enforcement officers in the importation of heroin, the evidence
obtained thereby was tainted and should be excluded from the trial. Some members
of the court indicated that if law enforcement officers are to engage in such
conduct in the course of investigations, a legislative scheme authorising it
would need to be established.
As a result, Part 1AB of
the Crimes Act 1914 was enacted. It commenced operation on 8 July 1996.
Part 1AB provides for the conduct of controlled operations by Australian law
enforcement agencies.
Under section 15H of the
Act:
A controlled operation
is an operation that:
- involves the participation
of law enforcement officers;
- is carried out for
the purpose of obtaining evidence that may lead to the prosecution of a
person for an offence against section 233B of the Customs Act 1901
or an associated offence; and
- may involve a law enforcement
officer engaging in conduct that would, apart from subsection 15I(1) or
(3), constitute a narcotic goods offence.
By exempting law enforcement
officers from criminal liability for certain conduct related to importation,
exportation or possession of narcotic goods, Part 1AB ensures that evidence
resulting from such conduct is not excluded from evidence under the principles
enunciated in Ridgeway by reason of that conduct alone.
Comment
Controlled operations are
an internationally accepted investigatory technique. Australia is a signatory
to the 1988 United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances. That Convention provides inter alia,
if a country’s legislation allows, for the appropriate use of controlled
deliveries at the international level with a view to identifying persons involved
in organised trafficking.
Part 1AB was enacted to
permit the admissibility of evidence where law enforcement officers participate
in the act of importing narcotic goods. Experience has shown however, that a
range of other law enforcement activity not necessarily related to the act of
importation or direct participation of law enforcement officers has also required
the issue of certificates. Attention has also been drawn to the operational
difficulties of the legislation particularly in relation to the pre-requisites
for the authorisation of a controlled operation. Those difficulties will be
monitored.
Certificates have been issued
under four general categories of law enforcement activity:
|
A
|
This scenario, which most closely mirrors the Ridgeway situation,
has resulted in only a small number of certificates being issued:
- The narcotic goods which are the subject of the controlled operation
are imported into Australia with the participation of law enforcement
officers. The certificate authorising the controlled operation is issued
in order to permit the law enforcement officers to engage in conduct
which would constitute a narcotic goods offence without there being
a certificate in force, and to obtain evidence and of an offence against
section 233B of the Customs Act.
|
|
B
|
The following scenario frequently occurs where the narcotic goods are
detected at the Customs barrier, either at an airport, a seaport, or an
international postal exchange. These types of operation comprise the largest
category:
- The narcotic goods which are the subject of the controlled operation
are imported into Australia without the knowledge or participation of
law enforcement officers and seized by the ACS on entry. The certificate
is issued to permit law enforcement officers to conduct investigations
essential to the gaining of evidence of the commission of a narcotic
goods offence against section 233B of the Customs Act, by allowing
the movement of the narcotic goods from ACS control to the intended
recipient, which in the absence of a certificate may have constituted
a narcotic goods offence.
|
|
C
|
The following scenario covers situations where information is received
concerning the possible importation of narcotic goods and the criminal
activity is monitored without any law enforcement participation:
- The narcotic goods which are the subject of the controlled operation
are imported into Australia without the participation of law enforcement.
However, the law enforcement officers have prior knowledge that the
importation might occur and the certificate is issued to permit law
enforcement officers to observe and allow the narcotic goods to pass
through ACS control unimpeded in order to gain evidence of the commission
of an offence against section 233B of the Customs Act.
One of the factors influencing the decision to issue certificates in
operations which do not specifically fall in to the strict Ridgeway
category is whether officers of the ACS are permitted by the Customs
Act to allow goods to pass through the barrier, where there is a suspicion
of drugs, for the purpose of a controlled operation. In the circumstances,
legal advice has been that a certificate should be issued under Part 1AB
of the Crimes Act.
|
|
D
|
The following scenario covered a single case where, in an undercover
capacity, the AFP attempted to acquire a quantity of drugs in Australia
in order to obtain evidence and intelligence of the commission of an offence:
- The narcotic goods, the subject of the controlled operation, were
imported into Australia without the participation of law enforcement.
However, the certificate was issued to permit law enforcement officers
to attempt to acquire a quantity of drugs in order to obtain evidence
and intelligence of the commission of a narcotic goods offence against
section 233B of the Customs Act, which in the absence of a certificate,
may have constituted a narcotic goods offence.
|
Accountability
Part 1AB of the Crimes
Act sets out a full and open system of accountability in terms of the application
and approval processes for certificates and the requirement for issued certificates
to be tendered in evidence in prosecutions for subsequent offences.
The Act requires that the
responsible Minister, the Attorney-General, is kept informed of all applications
for a certificate conferring authority to conduct a controlled operation. The
Attorney-General is also informed of the outcome of a controlled operation at
the conclusion of the operation. In turn, the Attorney-General is required to
table a report to each House of the Parliament providing details of the applications
made under the provisions of the Act and the outcome of the operations authorised.
Legislation
The principal elements of
Part 1AB are as follows:
- the Commissioner, Deputy
Commissioners and Assistant Commissioners of the AFP and members of the NCA
may issue certificates authorising a controlled law enforcement operation
involving the import, export and/or possession of narcotic drugs (section
15M);
- the certificate is to
be tendered in evidence in a prosecution for an offence against section 233B
of the Customs Act or an associated offence (section 15U);
- section 15I provides
that certain law enforcement officers acting in good faith and in the course
of duty in relation to an authorised controlled operation are not criminally
liable for:
- offences against
section 233B of the Customs Act;
- offences against
sections 10-14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic
Substances) Act 1990 (that relate to the possession, importation or
exportation of narcotics);
- (in some cases) State
or Territory offences relating to the possession of narcotic substances
and associated offences;
- the Commissioner of the
AFP and the Chairperson of the NCA are required to report to the Minister
on the results of applications for certificates authorising controlled operations,
and the reasons for the decision in each case (sections 15R and 15S), and
the Minister is required to report on these matters to Parliament (section
15T);
- the protection of a certificate
authorising an operation does not extend to conduct involving the inducement
of a suspect to commit an offence of a kind which he or she would otherwise
have lacked the intent to commit (subsections 15I(2) and (5));
- judicial discretions
to exclude evidence or stay proceedings are preserved, except to the extent
that these discretions are expressly restricted by Part 1AB (subsection 15G(2));
- the making of reports
to the Minister and to Parliament are required, detailing the route through
which narcotic goods passed in the course of an authorised controlled operation,
the persons or agencies who had control of the goods during and after the
operations, and the current status and whereabouts of the narcotic goods (sections
15R, 15S and 15T);
- the Part provides that
the fact that law enforcement officials took part in, or facilitated, the
importation of narcotics prior to the commencement of the Part, is not to
render evidence of that importation inadmissible where the importation was
made pursuant to a request from the AFP to the ACS for an exemption from detailed
customs scrutiny (section 15X); and
- includes procedures which
will contain the usage of controlled operations to instances involving the
investigation or detection of, or the prosecution of persons for, serious
criminal activity (subsection 15R(3)).
By exempting law enforcement
officers from criminal liability for certain conduct related to importation,
exportation or possession of narcotic goods, Part 1AB ensures that evidence
resulting form such conduct is not excluded from evidence under the principles
enunciated in Ridgeway by reason of that conduct alone. The transitional
provisions of the Part directly reverse the discretionary principles laid down
in Ridgeway in the case of certain importations carried out under conditions
agreed by the AFP and ACS under the 1987 Ministerial Agreement.
Law
Enforcement Observations on the Legislation
The AFP, NCA and DPP have
drawn attention to some operational difficulties encountered in applying the
legislation. These will be monitored and, if appropriate, a proposal for amendment
of the legislation may be brought forward in due course.
Section
15T
Section 15T requires the
Minister to lay a report about controlled operations before each House of Parliament.
The report must include the following information in respect of each application
for a certificate authorising a controlled operation made in the period from
the commencement of the legislation (8 July 1996) until 30 June 1997:
- the date on which the
application was made;
- the decision taken about
the application; and
- the reasons for the decision
In addition, the annual
report must include the information given to the Minister pursuant to section
15S of the Act, which requires the authorising officer to give the Minister
a report within 3 months after the certificate ceases to be in force. The report
to the Minister under section 15S must state whether or not the controlled operation
was carried out. If the controlled operation was carried out, the report to
the Minister under section 15S must also:
- state the nature and
quantity of narcotic goods involved in the operation;
- state the route through
which the narcotic goods passed in the course of the operation;
- identify the agency to
which any law enforcement officer who, in the course of the operation, had
possession of the narcotic goods belonged;
- identify any person (other
than a law enforcement officer) who, in the course of the operation, had possession
of the narcotic goods; and
- state whether or not
the narcotic goods have been destroyed; and
- if the narcotic goods
have not been destroyed - contain the information specified in subsection
(3) relating to the possession of the narcotic goods, or state that it is
know known who has possession of them.
It should be noted that
the annual reporting requirement is subject to provisos in subsection 15T(3)
and (4). Subsection 15T(3) prohibits the annual report from mentioning anything
about the named person that has not already been published. Subsection 15T(4)
requires the Minister, based on the advice of the AFP Commissioner or the NCA
Chairperson, to exclude from the annual report information that may endanger
the safety of a person or prejudice an investigation. The omitted information
must then be included in the first annual report tabled after these risks no
longer exist.
Some details have been omitted
from the schedules in this annual report pursuant to subsections 15T(3) and
(4)
The schedules are arranged
in the following order:
- Certificates issued by
authorising officers of the Australian Federal Police:
- Eastern Region 1996
- Eastern Region 1997
- Western Region 1996
- Western Region 1997
- Central Region 1996
- Central Region 1997
- Northern Region 1996
- Northern Region 1997
- Southern Region 1996
- Southern Region 1997
- Certificates issued by
the Chairperson and Members of the National Crime Authority.
Judicial
Consideration of Part 1AB
Nicholas
Division 3 of Part 1AB is
the subject of a constitutional challenge in the matter of Nicholas before
the High Court. A full report of the matter will be included in the next annual
report if a decision has been handed down before that time.
APPLICATIONS
FOR A CERTIFICATE AUTHORISING A CONTROLLED OPERATION
Certificates
Issued by Senior Officers of the AFP
| ER1/96 |
|
| Date of Application: |
16 July 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Customs officers intercepted a package which was found to contain 820
grams of cocaine. The authorising officer based his decision to issue
the certificate on the following information:
- the package contained a trafficable quantity of cocaine under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence; and
- if not identified and apprehended, the person would be likely to commit
an offence under the Customs Act 1901 whether or not the operation
took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 17 July 1996, Australian Federal Police members conducted a controlled
operation and delivered the package (which consisted of a representative
sample of the narcotic goods, the remainder of which had been substituted)
which was accepted by a person who then met with two other people. The
three were interviewed. Alfred Raymond Teagle was arrested and charged
with offences under section 233B of the Customs Act 1901. The matter
has been completed.
The narcotic goods have been destroyed.
|
[ table
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| ER2/96 |
|
| Date of Application: |
16 August 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS intercepted a package in Sydney which was found to
contain 532.9 grams of cocaine. The authorising officer based his decision
to issue the certificate on the following information:
- the consignment contained a trafficable quantity of cocaine under
the Customs Act 1901, the illegal importation of which attracts
a maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the person may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 16 August 1996, members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the package (which consisted of a
representative sample of the narcotic goods, the remainder of which had
been substituted) which was accepted by two people who conveyed the package
to a second address.
Later that day, AFP members entered the premises and arrested Dili Puloka
and Hofaka Lomu. Both persons have been charged with offences under section
233B of the Customs Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
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| ER5/96 |
|
| Date of Application: |
20 August 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS intercepted a package which was found to contain
2.0065 kilograms of 3, 4-Methylenedioxymethamphetamine, commonly known
as MDMA or Ecstasy. The authorising officer based his decision to issue
the certificate on the following information:
- the package contained a trafficable quantity of MDMA under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 27 August 1996, members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the package (which consisted of a
representative sample of the narcotic, the remainder of which had been
substituted). Two people were arrested and charged with possess and attempt
to possess a prohibited import under section 233B(1)(c) of the Customs
Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER6/96 |
|
| Date of Application: |
11 August 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS intercepted a consignment consisting of three crates
which had been forwarded to Australia from Thailand. The crates contained
three marble vases. An examination of the vases located a total of 13.993
kilograms of heroin concealed in the bases of the marble vases. The authorising
officer based his decision to issue the certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the person may be involved in a major drug operation;
- prima facie the offence of importation had been committed;
- enquiries conducted by police had established that the consignee lived
at the nominated address; and
- if not apprehended, he would be likely to commit an offence under
the Customs Act 1901 whether or not the operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 12 August 1996, Manh Tien Nguyen took delivery of the package (which
consisted of a representative sample of the narcotic, the remainder of
which had been substituted). He was followed to a Sydney address where
a search warrant was executed on the premises. As a result of the controlled
operation Manh Tien Nguyen was arrested and charged with possess prohibited
import under section 233B(1)(c) of the Customs Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER7/96 |
|
| Date of Application: |
15 November 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS inspected a container which was found to contain 5 tonnes
of cannabis. The container had been consigned to Australia from Cambodia.
The authorising officer based his decision to issue the certificate on
the following information:
- the container contained a commercial quantity of cannabis under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of imprisonment for life or for such a period as the
Court thinks appropriate;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under theCustoms Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
The controlled operation did not proceed. The certificate expired on
14 December 1997.
The bulk of the narcotic goods has been destroyed. A sample is currently
in secure storage in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER8/96 |
|
| Date of Application: |
18 November 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS intercepted a package which was found to contain
259.2 grams (990 tablets) of 3, 4-Methylenedioxymethamphetamine, commonly
known as MDMA or Ecstasy. The authorising officer based his decision to
issue the certificate on the following information:
- the package contained a trafficable quantity of MDMA under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 19 November 1996, members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the package (which consisted of a
representative sample of the narcotic goods, the remainder of which had
been substituted). Later that day a search warrant was executed on the
premises. The package was recovered unopened.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER9/96 |
|
| Date of Application: |
31 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods which are the subject of this
controlled operation were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Custom Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901, by allowing the movement of the narcotic
goods from ACS control to the intended recipient, which in the absence of
a certificate may have constituted a narcotic goods offence. |
| Reason for Decision: |
On 31 December 1996 ACS members examined an unaccompanied suitcase and
located 3.93 kilograms of cocaine. The authorising officer based his decision
to issue the certificate on the following information:
- the consignment involved a trafficable quantity of cocaine under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of life imprisonment or for such period as the Court
thinks appropriate;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the opportunity to identify the principals in Australia who have financed
and organised the importation; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 31 December 1996 members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the narcotic goods to the recipients
premises. A short time Later Victor Hugo Jimenez was arrested leaving
the premises. He has been charged with offences under section 233B of
the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER1/97 |
|
| Date of Application: |
4 February 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined a box which was found to contain 1.7 kilograms
of 3, 4-Methylenedioxymethamphetamine, commonly known as MDMA or Ecstasy.
The authorising officer based his decision to issue the certificate on
the following information:
- the box contained a trafficable quantity of MDMA under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie physical and electronic surveillance, search warrant), conducting
a controlled operation would make it much easier to obtain evidence
that could lead to the prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 11 February 1997, Australian Federal Police (AFP) members conducted
a controlled operation (which consisted of a representative sample of
the narcotic, the remainder of which had been substituted). The package
was delivered and accepted by the consignee, Hery Budiman. Budiman took
the package to another address and commenced to retrieve the MDMA. Police
executed a search warrant and retrieved the drugs. Budiman was arrested
and charged with offences under section 233B of the Customs Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER2/97 |
|
| Date of Application: |
15 February 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members ACS searched the luggage of an incoming passenger which was found
to contain approximately 4 kilograms of cocaine. The authorising officer
based his decision to issue the certificate on the following information:
- the luggage contained a trafficable quantity of cocaine under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person/s for such an offence;
- the person may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 17 February 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). As a
result of the controlled operation police executed a search warrant on
premises occupied by the recipient and recovered the consignment. The
recipient was arrested and charged with offences under section 233B of
Customs Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
| Exclusion of Information |
The name of the person arrested as a result of
this controlled operation has been excluded pursuant to section 15T(4)(b)
on the grounds that publishing the persons name may prejudice an ongoing
AFP investigation. |
[ table
of contents ]
| ER3/97 |
|
| Date of Application: |
25 February 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined the contents of a container which was found to
contain a quantity of cannabis. The authorising officer based his decision
to issue the certificate on the following information:
- the container contained a commercial quantity of cannabis under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of imprisonment for life or for such a period as the
Court thinks appropriate;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
The controlled operation did not proceed within
the period of the certificate which expired on 25 March 1997. |
| Exclusion of information: |
The precise detail surrounding this controlled
operation has been excluded pursuant to section 15T(4)(b) on the grounds
that publishing those details may prejudice an ongoing AFP investigation. |
[ table
of contents ]
| ER4/97 |
|
| Date of Application: |
13 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS intercepted a package which was found to contain
475.2 grams of 3, 4-Methylenedioxymethamphetamine, commonly known as MDMA.
The authorising officer based his decision to issue the certificate on
the following information:
- the package contained a trafficable quantity of MDMA, under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not apprehended, he would be likely to commit an offence under
the Customs Act 1901 whether or not the operation takes place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 14 March 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). As a
result of the controlled operation an offender was arrested and charged
with offences under section 233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
| Exclusion of Information |
The name of the person arrested as a result of
this controlled operation has been excluded pursuant to section 15T(4)(b)
on the grounds that publishing the offenders name may prejudice an ongoing
AFP investigation. |
[ table
of contents ]
| ER5/97 |
|
| Date of Application: |
14 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS intercepted a package which was found to contain 333.7
grams of heroin. The authorising officer based his decision to issue the
certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the serious nature of the matter under investigation and the nature
of concealment;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 17 March 1997, members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the package (which consisted of a
representative sample of the narcotic, the remainder of which had been
substituted). Yan Lin Mao and Chandarajay Ngem were arrested and charged
with offences under section 233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER6/97 |
|
| Date of Application: |
21 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS intercepted a package which was found to contain
335.1 grams of heroin. The authorising officer based his decision to issue
the certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- the similarities with a previous importation, controlled operation
ER5/97;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under theCustoms Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 24 March 1997, members of the Australian Federal Police (AFP) conducted
a controlled operation and delivered the package (which consisted of a
representative sample of the narcotic goods, the remainder of which had
been substituted). Sovan Pen and Kim Mai were arrested and charged with
offences under section 233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER7/97 |
|
| Date of Application: |
25 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined the contents of a container which was found to
contain a quantity of cannabis. The authorising officer based his decision
to issue the certificate on the following information:
- the container contained a commercial quantity of cannabis under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of imprisonment for life or for such a period as the
Court thinks appropriate;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a second
certificate authorising the controlled operation. The previous certificate,
ER3/97, expired on 25 March 1997.
|
| Conduct of Operation: |
The controlled operation did not proceed within
the period of the certificate which expired on 23 April 1997. |
| Exclusion of Information: |
The precise detail surrounding this controlled
operation has been excluded pursuant to section 15T(4)(b) on the grounds
that publishing those details may prejudice an ongoing AFP investigation. |
[ table
of contents ]
| ER8/97 |
|
| Date of Application: |
21 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS intercepted a package which was found to contain
297.5 grams of heroin. The authorising officer based his decision to issue
the certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 24 March 1997 members of the Australian Federal Police (AFP) attempted
to conduct a controlled operation (which consisted of a representative
sample of the narcotic goods, the remainder of which had been substituted).
The occupant of the premises would not accept delivery of the consignment.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER9/97 |
|
| Date of Application: |
2 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS intercepted a package which was found to contain
7.4799 kilograms of 3, 4-Methylenedioxyethylamphetamine, commonly known
as MDEA. The authorising officer based his decision to issue the certificate
on the following information:
- the package contained a trafficable quantity of MDEA, under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the person/s may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 3 April 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). As a
result Amanda Tze Wen Lo and Fouad El-Hassan were arrested and charged
with offences under section 233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER10/97 |
|
| Date of Application: |
3 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined the contents of a number of mail articles which
were found to contain 737.7 grams of 3, 4-Methylenedioxymethamphetamine,
commonly known as MDMA or Ecstasy. The authorising officer based his decision
to issue the certificate on the following information:
- the articles contained a trafficable quantity of MDMA, under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 6 April 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted).
A search warrant was executed on the premises and the controlled sample
was recovered. No charges have been laid.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER11/97 |
|
| Date of Application: |
4 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS searched the luggage of an incoming passenger and
4.954 kilograms of tablets concealed inside the suitcases which were found
to be 3, 4-Methylenedioxymethamphetamine, commonly known as MDMA or Ecstasy.
The authorising officer based his decision to issue the certificate on
the following information:
- the luggage contained a trafficable quantity of MDMA, under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the nature of the concealment;
- the person may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 4 April 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation. Due to the nature of the concealment the narcotic
goods, consisting of a quantity of MDMA, were not substituted.
The controlled operation resulted in the arrest of Brett Wayne Power
who has been charged with offences under section 233B of the Customs
Act 1901.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER12/97 |
|
| Date of Application: |
10 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS searched the luggage of an incoming passenger and
found it to contain 9 kilograms of cocaine. The authorising officer based
his decision to issue the certificate on the following information:
- the luggage contained a trafficable quantity of cocaine under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the person may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
The controlled operation did not proceed. The
operation was terminated on 11 December 1996. A sample of the narcotic goods
is in secure storage at the Australian Government Analytical Laboratories.
The bulk is currently in secure storage in accordance with AFP Drugs Policy
and Procedures guidelines. |
[ table
of contents ]
| ER13/97 |
|
| Date of Application: |
7 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods which are the subject of the
controlled operation were imported into Australia with the participation
of law enforcement officers. The certificate authorising the controlled
operation was issued to permit the law enforcement officers to engage in
conduct which would constitute a narcotic offence without there being a
certificate in force, to obtain evidence of an offence against section 233B
of the Customs Act 1901. |
| Reason for Decision: |
Information was received concerning the importation of 8 kilograms of
cocaine. The authorising officer based his decision to issue the certificate
on the following information:
- the consignment involved a trafficable quantity of cocaine under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- information received from the United States Department of Justice,
Drug Enforcement Administration (USDEA) regarding a similar package
which was alleged to have contained 30-35 kilograms of cocaine;
- investigations conducted by the Australian Federal Police (AFP) which
supported the information provided by the USDEA;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 7 April 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). The
package was recovered unopened. To date no person/s have been charged.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER14/97 |
|
| Date of Application: |
14 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined the contents of two packages and found them to
contain 396 tablets of 3, 4-Methylenedioxymethamphetamine, also known
as MDMA or Ecstasy. The authorising officer based his decision to issue
the certificate on the following information:
- the package contained a trafficable quantity of MDMA under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 13 May 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). The
controlled sample was recovered un-opened.
Subsequent enquiries conducted by the AFP has resulted in the arrest
of an offender who has been charged with offences under section 233B of
the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
| Exclusion of Information |
The name of the person arrested as a result of
this controlled operation has been excluded pursuant to section 15T(4)(b)
on the grounds that publishing the offenders name may prejudice an ongoing
AFP investigation. |
[ table
of contents ]
| ER15/97 |
|
| Date of Application: |
28 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods which are the subject of this
controlled operation were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Custom Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901, by allowing the movement of the narcotic
goods from ACS control to the intended recipient, which in the absence of
a certificate may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined a container and located 78 kilograms of heroin.
The authorising officer based his decision to issue the certificate on
the following information:
- the container contained a trafficable quantity of heroin under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the sophisticated nature of the concealment and the large quantity
of heroin imported clearly suggested that a highly organised group were
behind the financing, organisation and intended distribution of the
narcotics involved;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 2 May 1997 members of the Australian Federal Police (AFP) conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted).
The operation resulted in the arrest of Vo Thi Do, Ung Heeng,
Tung Chew Hoong and Leung Yiu Man who have been charged with offences
under section 233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at the Australian
Government Analytical Laboratories. The bulk is currently in secure storage
in accordance with AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER16/97 |
|
| Date of Application: |
24 April 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods which are the subject of this
controlled operation were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Custom Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901, by allowing the movement of the narcotic
goods from ACS control to the intended recipient, which in the absence of
a certificate may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of ACS examined the contents of a container which was found to
contain a quantity of cannabis. The authorising officer based his decision
to issue the certificate on the following information:
- the container contained a commercial quantity of cannabis under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of imprisonment for life or for such a period as the
Court thinks appropriate;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a third certificate
authorising the controlled operation. Previous certificates, ER3/97 and
ER7/97 expired before a controlled operation could be conducted.
|
| Conduct of Operation: |
The controlled operation did not proceed within
the period of the certificate which expired on 24 May 1997. |
| Exclusion of Information: |
The precise detail surrounding this controlled
operation has been excluded pursuant to section 15T(4)(b) on the grounds
that publishing those details may prejudice an ongoing AFP investigation. |
[ table
of contents ]
| ER17/97 |
|
| Date of Application: |
2 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS examined the contents of a package which was found
to contain 682 grams of heroin. The authorising officer based his decision
to issue the certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
The controlled operation did not proceed. The
certificate expired on 16 May 1997. The narcotic goods are currently in
secure storage in accordance with Australian Federal Police Drugs Policy
and Procedure guidelines. |
[ table
of contents ]
| ER18/97 |
|
| Date of Application: |
2 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS examined the contents of a package which was found
to contain 686.8 grams of heroin. The authorising officer based his decision
to issue the certificate on the following information:
- the package contained a trafficable quantity of heroin under the Customs
Act 1901, the illegal importation of which attracts a maximum penalty
of $100,000 or 25 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledge; and
- if not identified and apprehended, the person/s would be likely to
commit an offence under the Customs Act 1901 whether or not the
operation took place.
In view of the above, the authorising officer considered the criminal
activities were sufficiently serious to warrant the issue of a certificate
authorising the controlled operation.
|
| Conduct of Operation: |
On 8 May 1997 members of the Australian Federal Police (AFP) delivered
the package to the intended address. A short time later police executed
a search warrant on the premises and recovered the package unopened.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| ER19/97 |
|
| Date of Application: |
5 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, which are the subject of
the controlled operation, were imported into Australia without the knowledge
or participation of law enforcement officers and were seized by the Australian
Customs Service (ACS) on entry. The certificate was issued to permit law
enforcement officers to conduct investigations essential to the gaining
of evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 by allowing the movement of the narcotic
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted a narcotic goods offence. |
| Reason for Decision: |
Members of the ACS examined the contents of a package which was found
to contain 4 kilograms of cannabis. The authorising officer based his
decision to issue the certificate on the following information:
- the package contained a trafficable quantity of cannabis under the
Customs Act 1901, the illegal importation of which attracts a
maximum penalty of $4,000 or 10 years imprisonment or both;
- when utilised in conjunction with traditional methods of investigation
(ie surveillance, search warrant), conducting a controlled operation
would make it much easier to obtain evidence that could lead to the
prosecution of the person for such an offence;
- the suspect may be involved in a major drug operation;
- conducting a controlled operation would provide police with an opportunity
to identify the person/s involved in this importation;
- prima facie the offence of importation had been committed;
- based on previous experience it is likely that, if confronted, the
person/s involved in this importation would deny all knowledg
|