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 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 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 ]
| ER20/97 |
|
| 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 672.4 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 7 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 ]
| ER21/97 |
|
| Date of Application: |
22 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 1.055 kilograms 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 nature of the concealment which appears directly linked to other
matters under investigation (ER17/97, ER18/97 and ER20/97 refer);
- 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
6 June 1997.
This operation involved the importation of 1.055 kilograms of heroin.
The narcotic goods are in secure storage in accordance with AFP Drugs
Policy and Procedures guidelines.
|
[ table
of contents ]
| ER22/97 |
|
| Date of Application: |
23 May 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, ER7/97
and ER16/97 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 22 June 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 ]
| ER23/97 |
|
| Date of Application: |
22 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 1.060 kilograms 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 nature of the concealment which appears directly linked to other
matters under investigation (ER17/97, ER18/97, ER20/97 and ER21/97 refer);
- 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 26 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). As a
result Quang Hong Do was arrested and charged with offences under section
233B of the Customs Act 1901.
This operation involved the importation of 1.060 kilograms of heroin.
The narcotic goods are in secure storage in accordance with AFP Drugs
Policy and Procedures guidelines.
|
[ table
of contents ]
| ER24/97 |
|
| 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 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 goods 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 proposed importation of a 5 kilogram
consignment 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;
- the suspect/s appear to be involved in major drug importations;
- 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: |
As a result information obtained by the Australian Federal Police (AFP),
and an undercover operation conducted by the United States of America
(US) Drug Enforcement Administration (DEA) 6 kilograms of cocaine was
seized in the US and carried to Australia by members of the DEA.
On 5 May 1997 members of the 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 Kevin Michael Geraghty, Danny
Weininger, Anthony Peter Woodcroft and Dennis Robert Donoghue who have
been charged with offences under section 233B of the Customs Act 1901.
The controlled sample (20 grams) of cocaine used in the controlled operation
was not recovered. 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 ]
| ER25/97 |
|
| Date of Application: |
6 June 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 searched a passenger on arrival and found a number
of body packs strapped to his person. These were found to contain
1.785 kilograms of cocaine. The authorising officer based his decision
to issue the certificate on the following information:
- the body packs 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 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; 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 June 1997 Australian Federal Police (AFP)
members conducted a controlled operation which resulted in the arrest of
two persons, Timothy Terrence McCluskey and Stephen Watson. Both were charged
with offences under section 233B of the Customs Act 1901. The bulk
of the narcotic goods are currently under secure storage in accordance with
AFP Drugs Policy and Procedures guidelines. A sample of the cocaine (10.82
grams) is in the custody of the Australian Analytical Laboratories. |
[ table
of contents ]
| ER26/97 |
|
| Date of Application: |
17 June 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 134.7 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 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;
- 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 June 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).
Following the execution of a search warrant on the premises police established
that the controlled sample (20 grams) had been placed in a toilet, destroying
a portion of the narcotic goods. The remainder was recovered and is currently
being re-examined by the Australian Government Analytical Laboratories
(AGAL).
Two persons have been arrested and charged with offences under section
233B of the Customs Act 1901.
A sample of the narcotic goods is in secure storage at AGAL. 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 ]
| ER27/97 |
|
| Date of Application: |
16 June 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 law enforcement officers to engage in conduct
which would constitute a narcotic goods 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 3.5 kilograms
of heroin into Australia. The authorising officer based his decision to
issue the certificate on the following information:
- the consignment involved 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 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: |
The controlled operation did not proceed. The
certificate expired on
14 July 1997. |
| Exclusion of Information: |
The precise detail of 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 ]
| ER28/97 |
|
| Date of Application: |
23 June 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 third certificate
authorising the controlled operation. Previous certificates, ER3/97, ER7/97,
ER16/97 and ER22/97 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 23 July 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 ]
| ER29/97 |
|
| Date of Application: |
3 June 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: |
On 26 May 1997 ACS members examined an incoming package and located 8.9
kilograms of 3, 4-Methylenedioxymethamphetamine, commonly known as MDMA.
The authorising officer based his decision to issue the certificate on
the following information:
- the consignment involved a commercial quantity of MDMA 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: |
The controlled operation did not proceed. The certificate expired on
16 June 1997.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
[ table
of contents ]
| WR1/96 |
|
| Date of Application: |
29 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 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: |
Information was received concerning the proposed importation of 2 kilograms
of heroin into Australia. The authorising officer based his decision to
issue the certificate on the following information:
- the consignment involved 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;
- information indicated that a regular supply of heroin could be obtained;
- 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 are 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, Reinhold Erhard Olbrich, a German citizen, who was
the subject of a proposed controlled operation in Perth, was arrested
in Sydney by Australian Federal Police (AFP) members in possession of
approximately 1.5 kilograms of heroin.
Olbrich was charged with offences under section 233B of the Customs
Act 1901.
A controlled operation was not undertaken due to the certificate being
issued for use in Perth only.
The drugs are currently in secure storage in accordance with AFP Drugs-Policy
and Procedures awaiting destruction.
|
[ table
of contents ]
| WR2/96 |
|
| Date of Application: |
30 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: |
ACS officers intercepted a package which was found to contain
1000 tablets of 3, 4-Methylenedioxyethylamphetamine, also known as MDEA
or Eve. 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 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 has 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 are 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 September 1996, the package was collected by a minor (containing
a representative sample of the narcotic goods, the remainder of which
had been substituted) who caught a taxi to Perth airport. He was arrested
and charged with offences under section 233B(1)(b) of the Customs Act
1901. The matter was prosecuted in the Children’s Court.
The operation involved the importation of 345 grams (1000 tablets) of
MDEA. The drugs are currently in secure storage in accordance with AFP
Drugs-Policy and Procedures awaiting destruction.
|
[ table
of contents ]
| WR3/96 |
|
| Date of Application: |
9 September 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: |
ACS officers searched an incoming Singaporean national, Eng Beng Lim,
who was found to have 619 grams of 3, 4-Methylenedioxymethamphetamine,
also known as MDMA or ecstasy, concealed in a body pack on his person.
The authorising officer based his decision to issue the certificate on
the following information:
- the body pack 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;
- the person was known to police;
- 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; and
- if not identified and apprehended, the person/s are 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 September 1996, Eng Beng Lim was arrested and charged with offences
under section 233B of the Customs Act 1901. While initially Lim
cooperated with the Australian Federal Police and the National Crime Authority,
it became obvious that he had compromised the operation.
The controlled operation did not proceed. The certificate expired on
16 September 1997.
|
[ table
of contents ]
| WR4/96 |
|
| Date of Application: |
25 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: |
ACS officers examined the luggage of a British national, Michael John
Fearns. Following an order obtained under section 219R of the Customs
Act 1901 a search of Fearns revealed plastic bags which were found
to contain 580 grams (2211 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 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 are 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 26 November 1996, Australian Federal Police (AFP) members conducted
a controlled operation and arranged for Fearns to deliver the narcotic
goods (which consisted of a representative sample of the narcotic goods,
the remainder of which had been substituted) to another person. The package
was accepted by John Michael Maye who was subsequently arrested by the
AFP.
Both men were charged with offences under section 233B of the
Customs Act 1901 and have been convicted and sentenced. Maye has
appealed his sentence.
The operation involved the importation of 2211 tablets of MDMA. The drugs
have been destroyed.
|
[ table
of contents ]
| WR1/97 |
|
| Date of Application: |
18 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: |
Australian Federal Police (AFP) members seized an envelope under section
203C of the Customs Act 1901 which was found to contain 40 grams
(160 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 envelope 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;
- 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 has 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 are 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 February 1997 AFP members delivered the package (containing a representative
sample of the narcotic goods, the remainder of which had been substituted).
The package was collected by Raymond Behan. A search warrant was executed
and the unopened package was recovered. A second identical package containing
a further 40 grams (160 tablets) of MDMA was located and seized.
A search was then made of Behan’s premises where a third identical
envelope containing 36 grams (144 tablets) of MDMA was located and seized.
Raymond Behan’s brother, Mitchell was spoken to and arrested on
his return to Australia from the UK. Both have has been charged with offences
under section 233B of the Customs Act 1901.
The bulk of the seizure is being held awaiting destruction. Sub-samples
are being held pending Court proceedings. All drugs are being held in
secure storage in accordance with AFP Drugs-Policy and Procedures guidelines.
|
[ table
of contents ]
| WR2/97 |
|
| 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: |
ACS officers searched an Indonesian national, Ansyar Heryadi,
who was found to be carrying 11 grams of cocaine, 41.6 grams of
3, 4-Methylenedioxyamphetamine, also known as MDA and 20 grams of
3, 4-Methylenedioxymethamphetamine, also known as MDMA concealed on his
person. The authorising officer based his decision to issue the certificate
on the following information:
- the discovery involved a trafficable quantity of cocaine and 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 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 are 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: |
Heryadi was conveyed to a Hotel in Perth, where he was kept under police
custody. No contact was made and the controlled operation did not eventuate.
Heryadi was arrested and charged with offences under section 233B of
the Customs Act 1901.
The operation involved approximately 2800 tablets of MDA and MDMA weighing
61.6 grams and 11 grams of cocaine. The bulk of the seizure is being held
awaiting destruction. Sub-samples are being held pending Court proceedings.
All drugs are being held in secure storage in accordance with Australian
Federal Police Drugs-Policy and Procedures guidelines.
|
[ table
of contents ]
| WR3/97 |
|
| Date of Application: |
1 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: |
ACS officers searched Karl Franz Christa who was found to be carrying
50 grams of cocaine and 900 tablets of 3, 4-Methylenedioxymethamphetamine,
also known as MDMA or ecstasy, in his baggage. The authorising officer
based his decision to issue the certificate on the following information:
- the discovery involved a trafficable quantity of cocaine and 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 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 are 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 Australian Federal Police (AFP) members conducted a controlled
operation (consisting of a representative sample of the narcotic goods,
the remainder of which had been substituted).
Two persons, Rupert James Smitheringale and Christopher Gerard Peers
were arrested taking possession of the drugs. Christa, Smitheringale and
Peers have been charged with offences under section 233B of the Customs
Act 1901.
The operation involved approximately 900 tablets of MDMA and 50 grams
of cocaine. The bulk of the seizure is being held awaiting destruction.
Sub-samples are being held pending Court proceedings. All drugs are being
held in secure storage in accordance with AFP Drugs-Policy and Procedures
guidelines.
|
[ table
of contents ]
| CR1/96A |
|
| Date of Application: |
15 August 1996 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia without the participation of law enforcement officers.
However, the Australian Federal Police (AFP) had prior knowledge that
the importation may occur and the certificate was issued to permit law
enforcement officers to observe and allow the narcotic goods to pass through
Customs control unimpeded to gain evidence of the commission of a narcotic
goods offence against section 233B of the Customs Act 1901 which,
in the absence of a certificate, may have constituted a narcotic goods
offence.
|
| Reason for Decision: |
Information was received by the AFP concerning the possible importation
of a commercial quantity of heroin into Australia. The authorising officer
based his decision to issue the certificate on the following information:
- the importation concerned a commercial 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;
- the Commonwealth Director of Public Prosecutions provided an opinion
that the issuing of a certificate was necessary;
- the person may be involved in a major drug operation; and
- 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 person or persons committing offences contrary to section
233B of the Customs Act 1901.
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 certificate expired on 15 September 1996.
The controlled operation did not proceed. |
[ table
of contents ]
| CR1/96B |
|
| Date of Application: |
27 September 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia without the participation of law enforcement officers.
However, the Australian Federal Police (AFP) had prior knowledge that
the importation may occur and the certificate was issued to permit law
enforcement officers to observe and allow the narcotic goods to pass through
Customs control unimpeded to gain evidence of the commission of a narcotic
goods offence against section 233B of the Customs Act 1901 which,
in the absence of a certificate, may have constituted a narcotic goods
offence.
|
| Reason for Decision: |
Information was received by the AFP concerning the possible importation
of a commercial quantity of heroin into Australia from Pakistan. The authorising
officer based his decision to issue the certificate on the following information:
- the importation concerned a commercial 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;
- the Commonwealth Director of Public Prosecutions provided an opinion
that the issuing of a certificate was necessary;
- the person may be involved in a major drug operation;
- 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 person or persons committing offences contrary to section
233B of the Customs Act 1901.
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: |
Two persons identified during this investigation
were searched on their arrival in Australia from Pakistan. They were found
in possession of a total of 180 grams of heroin. The controlled operation
did not proceed and the certificate expired on
6 October 1996. |
[ table
of contents ]
| CR1/97 |
|
| Date of Application: |
20 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
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 parcel which was found to contain 100
tablets 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 tablets 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;
- public concern over the increased availability of MDMA;
- that on two separate occasions the person had travelled overseas and
had forwarded money overseas;
- 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 committing an offence contrary to section
233B of the Customs Act 1901;
- the person may be involved in a major drug operation; and
- if not identified and apprehended, the offenders were 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 21 February 1997 Australian Federal Police (AFP) members conducted
a controlled operation and delivered the package, ( the narcotic goods
had been substituted with an inert substance). Thomas Lamont collected
the envelope and returned to premises in suburban Adelaide. Police executed
a search warrant on the premises and retrieved the opened package. Lamont
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 awaiting destruction.
|
[ table
of contents ]
| NR1/96 |
|
| Date of Application: |
22 August 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 10
sheets (10,000 tabs) of LSD. The package had been forwarded to Australia
from the United Kingdom. The authorising officer based his decision to
issue the certificate on the following information:
- the package contained a trafficable quantity of LSD 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; and
- if not identified and apprehended, the offender/s is 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 26 August 1996, Australian Federal Police (AFP) members conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted).
The package was delivered by police to a road side mail box and subsequently
collected by a person and taken to the intended premises. A short time
later AFP members entered the premises under warrant. A search located
the opened envelope in the fireplace of the premises. A thorough search
failed to locate the missing sheet of LSD. No charges were laid.
Nine sheets (9,000 tabs) of LSD are under secure storage at the Australian
Government Analytical Laboratories. One sheet (1,000 tabs) of LSD was
not recovered and its current whereabouts are unknown.
|
[ table
of contents ]
| NR2/96 |
|
| Date of Application: |
10 October 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain evidence of the commission of an offence against section 20 of
the Therapeutic Goods Act 1989, by allowing the movement of the
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted an offence.
|
| Reason for Decision: |
Customs officers intercepted a package which was found to contain six
kilograms of Sodiumgammahydroxybutyrate, also known as GHB or Fantasy.
The authorising officer issued the certificate prior to the narcotic
being a scheduled article under the provision of the Customs Act 1901.
This was done in the spirit of the legislation albeit that the legislation
was not legally applicable.
Enquiries conducted by the Australian Federal Police (AFP) identified
the intended recipient living at a Gold Coast address as being an associate
of drug suppliers on the Gold Coast.
The person targeted by this operation was likely to commit an offence
under section 20 of the Therapeutic Goods Act 1989 or an associated
offence whether or not the operation took place.
This consignment was identified a short time after the collapse of 10
dance patrons on the Gold Coast as a result of ingesting Fantasy.
The authorising officer considered the activities of those concerned
in this importation 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
12 October 1996.
The drugs are currently under secure storage in accordance with AFP Drugs-Policy
Procedures guidelines.
|
[ table
of contents ]
| NR3/96 |
|
| Date of Application: |
14 October 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain evidence of the commission of an offence against section 20 of
the Therapeutic Goods Act 1989, by allowing the movement of the
goods from Customs control to the intended recipient which, in the absence
of a certificate, may have constituted an offence.
|
| Reason for Decision: |
Customs officers intercepted a package which was found to contain six
kilograms of Sodiumgammahydroxybutyrate, also known as GHB or Fantasy.
The authorising officer issued the certificate prior to the narcotic
being a scheduled article under the provision of the Customs Act 1901.
This was done in the spirit of the legislation albeit that it was not
legally applicable.
Enquiries conducted by the Australian Federal Police (AFP) identified
the intended recipient living at a Gold Coast address as being an associate
of drug suppliers on the Gold Coast.
The person targeted by this operation was likely to commit an offence
under section 20 of the Therapeutic Goods Act 1989 or an associated
offence whether or not the operation took place.
This consignment was identified a short time after the collapse of 10
dance patrons on the Gold Coast as a result of ingesting Fantasy.
The authorising officer considered the activities of those concerned
in this importation were sufficiently serious to warrant the issue of
a second certificate authorising the controlled operation. The first certificate
(NR2/96 refers) expired on 12 October 1996.
|
| Conduct of Operation: |
On 14 October 1996, AFP members attempted to conduct a controlled operation
(which consisted of a representative sample of the narcotic goods, the
remainder of which had been substituted).
The controlled operation did not proceed. The certificate expired on
21 October 1996.
The drugs are currently in secure storage in accordance with AFP
Drugs-Policy and Procedures guidelines.
|
[ table
of contents ]
| NR4/96 |
|
| Date of Application: |
21 November 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia with the knowledge of law enforcement officers. The certificate
authorising the controlled operation was issued to permit law enforcement
officers to engage in conduct which would constitute a narcotic goods
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 possible importation of a commercial
quantity (six kilograms) of heroin into Australia. The authorising officer
based his decision to issue the certificate on the following information:
- the importation concerned a commercial 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;
- the person may be involved in a major drug operation;
- 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 person or persons committing offences contrary to section
233B of the Customs Act 1901; and
- if not apprehended, the offender/s is 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 19 December 1996. |
[ table
of contents ]
| NR5/96 |
|
| Date of Application: |
10 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the participation of law enforcement officers.
However, the Australian Federal Police (AFP) had prior knowledge that
the importation may occur and the certificate authorising the controlled
operation was issued to permit law enforcement officers to observe and
allow the narcotic goods to pass to the intended recipient unimpeded to
gain evidence of the commission of a narcotic goods offence against section
233B of the Customs Act 1901 which, in the absence of a certificate,
may have constituted a narcotic goods offence.
|
| Reason for Decision: |
The AFP and the Australian Customs Service (ACS) had been investigating
an alleged conspiracy to import a multi-tonne shipment of cannabis resin
into Australia by vessel. The authorising officer based his decision to
issue the certificate on the following information:
- the importation concerned a commercial quantity of cannabis resin
under the Customs Act 1901, the illegal importation of which
attracts a maximum penalty of life imprisonment or for such time as
the Court thinks appropriate;
- enquiries conducted by the AFP revealed that the suspected persons
were involved in a major drug importation;
- 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 revealed that the suspect persons were involved in a major
drug operation; and
- if not apprehended, the persons involved in this importation were
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 first certificate,
NR7/96, expired on 30 October 1996.
|
| Conduct of Operation: |
Intelligence identified the probable landing
point for the narcotic goods. AFP, ACS and Queensland Police members successfully
intercepted the vessel and seized the narcotics goods. The controlled operation
did not proceed. The certificate expired on 31 December 1996. |
[ table
of contents ]
| NR6/96 |
|
| Date of Application: |
24 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia with the knowledge of law enforcement officers. The certificate
authorising the controlled operation was issued to permit law enforcement
officers to engage in conduct which would constitute a narcotic goods
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 possible importation of a commercial
quantity (six kilograms) of heroin into Australia. The authorising officer
based his decision to issue the certificate on the following information:
- the importation concerned a commercial 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;
- the person may be involved in a major drug operation;
- 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 a person or persons for committing offences contrary
to section 233B of the Customs Act 1901;
- if not apprehended, the offender/s is 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 first certificate
(NR4/96 refers) expired on
19 December 1996.
|
| Conduct of Operation: |
The controlled operation did not proceed. The
certificate expired on 20 January 1997. |
[ table
of contents ]
| NR7/96 |
|
| Date of Application: |
11 October 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the participation of law enforcement officers.
However, the AFP had prior knowledge that the importation may occur and
the certificate authorising the controlled operation was issued to permit
law enforcement officers to observe and allow the narcotic goods to pass
to the intended recipient unimpeded to gain evidence of the commission
of a narcotic goods offence against section 233B of the Customs Act
1901 which, in the absence of a certificate, may have constituted
a narcotic goods offence.
|
| Reason for Decision: |
The Australian Federal Police (AFP) and the Australian Customs Service
had been investigating an alleged conspiracy to import a multi-tonne shipment
of cannabis resin, into Australia by vessel. The authorising officer based
his decision to issue the certificate on the following information:
- the importation concerned a commercial quantity of cannabis resin
under the Customs Act 1901, the illegal importation of which
attracts a maximum penalty of life imprisonment or for such time as
the Court thinks appropriate;
- enquiries conducted by the AFP revealed that the suspected persons
were involved in a major drug importation;
- 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 revealed that the suspect persons were involved in a major
drug operation; and
- if not apprehended, the persons involved in this importation were
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 proposed delivery did not occur and the controlled
operation was not carried out. The certificate expired on 30 October 1996. |
[ table
of contents ]
| NR1/97 |
|
| Date of Application: |
20 January 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia with the knowledge of law enforcement officers. The certificate
authorising the controlled operation was issued to permit law enforcement
officers to engage in conduct which would constitute a narcotic goods
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 possible importation of a commercial
quantity (six kilograms) of heroin into Australia. The authorising officer
based his decision to issue the certificate on the following information:
- the importation concerned a commercial 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;
- the person may be involved in a major drug operation;
- 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 a person or persons for committing offences contrary
to section 233B of the Customs Act 1901; and
- if not apprehended, the offender/s is 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. The first certificate, NR4/96, expired
on 19 December 1996. The second certificate, NR6/96, expired on 20 January
1997.
|
| Conduct of Operation: |
The controlled operation did not proceed. The
certificate expired on 17 February 1997. |
[ table
of contents ]
| NR2/97 |
|
| Date of Application: |
20 January 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 160
grams of cannabis resin concealed inside a book. The package had been
forwarded to Australia from the Netherlands. The authorising officer based
his decision to issue the certificate on the following information:
- the package contained a trafficable quantity of cannabis resin under
the Customs Act 1901, the illegal importation of which attracts
a maximum penalty of $100,000 or 25 years imprisonment or both;
- the person had made enquiries at Australia Post as to the whereabouts
of a package he was expecting;
- 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; and
- if not apprehended, the person could 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 28 January 1997. |
[ table
of contents ]
| NR3/97 |
|
| Date of Application: |
28 January 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 160
grams of cannabis resin concealed inside a book. The package had been
forwarded to Australia from the Netherlands. The authorising officer based
his decision to issue the certificate on the following information:
- the package contained a trafficable quantity of cannabis resin under
the Customs Act 1901, the illegal importation of which attracts
a maximum penalty of $100,000 or 25 years imprisonment or both;
- an earlier controlled operation which did not proceed (NR2/97 refers);
- the person had made enquiries at Australia Post as to the whereabouts
of a package he was expecting;
- 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;
- a consistent course of conduct displayed by target involved in this,
and a previous importation (NR2/97 refers); and
- if not apprehended, the person involved in this importation is 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 30 January 1997, Australian Federal Police (AFP) members conducted
a controlled operation. The package was collected by the suspect and taken
to business premises. After police questioning, a search warrant was executed
on a vehicle and the opened package containing the cannabis resin was
retrieved. Peter Edwin Yates was arrested and charged with offences pursuant
to the section 233B of the Customs Act 1901 and the
Queensland Drugs Misuse Act 1986.
The drugs are currently under secure storage in accordance with AFP Drugs
Policy and Procedures guidelines.
|
[ table
of contents ]
| NR4/97 |
|
| Date of Application: |
17 January 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods were to be imported into Australia without the participation
of law enforcement officers. However, the Australian Federal Police had
prior knowledge that the importation may occur and the certificate was
issued to permit law enforcement officers to observe and allow the narcotic
goods to pass through Customs control unimpeded to gain evidence of the
commission of a narcotic goods offence against section 233B of the Customs
Act 1901 which, in the absence of a certificate, may have constituted
a narcotic goods offence.
|
| Reason for Decision: |
Information was received concerning the possible importation of a quantity
of narcotic goods, thought to be 3, 4-Methylenedioxymethamphetamine, also
known as MDMA or ecstasy, into Australia by courier from London. The authorising
officer based his decision to issue the certificate on the following information:
- the information concerned an unknown quantity of narcotics goods,
thought to be MDMA;
- the 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;
- information had been received which suggested that the suspected courier
was part of a major drug operation; and
- if not apprehended, the person involved in this importation is 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 suspect was searched by members of the Australian Customs
Service on her return to Australia. The search proved negative. As a result
the controlled operation was not carried out. The certificate expired on
31 January 1997. |
[ table
of contents ]
| NR5/97 |
|
| Date of Application: |
27 March 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were to be imported
into Australia without the participation of law enforcement officers.
However, the Australian Federal Police had prior knowledge that the importation
may occur and the certificate was issued to permit law enforcement officers
to observe and allow the narcotic goods to pass to the intended recipient
unimpeded to gain evidence of the commission of a narcotic goods offence
against section 233B of the Customs Act 1901 which, in the absence
of a certificate, may have constituted a narcotic goods offence.
|
| Reason for Decision: |
Information was received concerning the possible importation of a commercial
quantity of cannabis into Australia from Papua New Guinea. The authorising
officer based his decision to issue the certificate on the following information:
- the information concerned a trafficable quantity of cannabis 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 persons may be involved in a major drug operation; and
- if not apprehended, the offenders are 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 26 April 1997. |
[ table
of contents ]
| NR6/97 |
|
| Date of Application: |
30 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 with the participation
of law enforcement officers. The certificate authorising the controlled
operation was 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 of an offence
against section 233B of the Customs Act 1901. |
| Reason for Decision: |
Information was received concerning the possible importation of a commercial
quantity of cannabis into Australia. The authorising officer based his
decision to issue the certificate on the following information:
- the information concerned 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 period as the
Court thinks fit;
- 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 persons may be involved in a major drug operation; and
- if not apprehended, the offenders 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 was conducted and resulted in the arrest of
a number of persons.
The narcotic goods are currently in secure storage in accordance with
AFP Drugs Policy and Procedures guidelines.
|
| Exclusion of Information: |
The names of the persons arrested as a result
of this controlled operation have been excluded pursuant to section 15T(4)(b)
on the grounds that publishing the offenders names may prejudice an ongoing
AFP investigation. |
[ table
of contents ]
| SR1/96 |
|
| Date of Application: |
17 July 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 approximately
60 gms 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;
- the source country was unusual and indicated a possible new source
of the narcotic goods;
- the targeted address was known to police;
- 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; and
- if not 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 19 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).
Shortly after delivery the recipient departed the premises. His vehicle
was intercepted by police. A search failed to locate any narcotics goods
and the driver was returned to his premises where a search warrant was
executed. The controlled sample was recovered unopened. Due to lack of
evidence, no charges have been laid. The narcotic goods have been destroyed.
|
[ table
of contents ]
| SR2/96 |
|
| Date of Application: |
23 July 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers. However, the certificate was issued to permit law enforcement
officers to attempt to purchase a quantity of narcotic goods to obtain
evidence and intelligence of the commission of a narcotic goods offence
against section 233B of the Customs Act 1901 which, in the absence
of a certificate, may have constituted a narcotic goods offence.
|
| Reason for Decision: |
The investigation involved the proposed purchase of one kilogram of heroin.
The authorising officer based his decision to issue the certificate on
the following information:
- the proposed purchase concerned 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), 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 Commonwealth Director of Public Prosecutions provided an opinion
that the issuing of a certificate was necessary; and
- the person was believed to be involved in a major drug operation.
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 |
A controlled operation was not undertaken. The
certificate expired on 21 August 1996. |
[ table
of contents ]
| SR3/96 |
|
| Date of Application: |
11 October 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 inspected a consignment which was found to contain approximately
26 kilograms of heroin. The authorising officer based his decision to
issue the certificate on the following information:
- the consignment 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 was believed to be involved in a major drug operation;
and
- if not apprehended, the person could 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 October 1996, Australian Federal Police (AFP) and National Crime
Authority members conducted a controlled operation and delivered the consignment
(which consisted of a representative sample of the narcotic goods, the
remainder of which had been substituted) to the consignee. The consignment
was accepted and later collected by two other persons and taken to different
premises. A search warrant was executed and the controlled operation sample
was recovered.
The operation resulted in the arrest of Derek Alan Bowhay, Phillip Ng
and Wai Man Li. All three have been charged with offences under section
233B of the Customs Act 1901. All three have been committed for
trial.
The operation involved the actual seizure of 23.7 kilograms of heroin.
Following discussions with DPP the drugs are being retained for prosecution
purposes. The heroin is currently under secure storage in accordance with
AFP Drugs-Policy and Procedures guidelines.
|
[ table
of contents ]
| SR4/96 |
|
| Date of Application: |
11 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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
1066 grams 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 person may be involved in a major drug operation; and
- if not apprehended, the person could 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 December 1996, Australian Federal Police (AFP) members conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). The
package was accepted by a person who conveyed it to other premises.
On 14 December 1996, a search warrant was executed and the package was
found unopened.
As a result of further enquires David Bryn Masters has been charged and
committed to stand trial for offences under section 233B of the Customs
Act 1901.
The operation involved the importation of 1066 grams of MDMA. The bulk
of the drugs have been destroyed. A representative sample has been retained
for prosecution of this matter. It is currently being held in secure storage
in accordance with AFP Drugs-Policy and Procedures guidelines.
|
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| SR5/96 |
|
| Date of Application: |
30 December 1996 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 examined the contents of a satchel which was found to
contain 565 grams (1998 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 satchel contained a trafficable quantity (0.5 grams) 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;
- the persons were known to police;
- 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 persons may be involved in a major drug operation; and
- if not apprehended, the persons 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, Australian Federal Police (AFP) members conducted
a controlled operation and delivered the satchel (which consisted of a
representative sample of the narcotic goods, the remainder of which had
been substituted). A short time later AFP members entered the premises
under warrant and the satchel was recovered. Although the outer packaging
had been opened and resealed, the inner sections which contained the narcotic
goods remained sealed. The package had been marked ‘Not known at
this address’. A statement denying ownership was taken.
The operation involved the importation of 565 grams of MDMA which has
been destroyed.
|
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| SR1/97 |
|
| Date of Application: |
23 February 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 searched the luggage of two incoming British couriers
at Tullamarine Airport and located 7.46 kilograms of tablets which were
found to be 3, 4-Methylenedioxymethamphetamine, also known as MDMA or
ecstasy. The authorising officer based his decision to issue the certificate
on the following information:
- the luggage contained a commercial quantity of MDMA 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 persons may be involved in a major drug operation; and
- if not apprehended, the persons 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 25 February 1997, Australian Federal Police (AFP) members conducted
a controlled operation (which consisted of a representative sample of
the narcotic goods, the remainder of which had been substituted). Following
a number telephone contact between the two British couriers and members
of the Australian syndicate the drugs were collected from a Melbourne
Hotel.
As a result of further enquiries seven people were subsequently arrested.
Vanessa Louise McDonald, Louise Ann Burson, Danyon James Greig, David
Campbell, Carl James Carey and Mary Prendergast were arrested and charged
with offences under section 233B of the Customs Act 1901. Charges
against a seventh person have been withdrawn.
This operation involved the importation of 7.46 kilograms of MDMA. The
drugs have been retained for prosecution purposes. They are currently
in secure storage in accordance with AFP Drug-Policy and Procedures guidelines.
|
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| SR2/97 |
|
| Date of Application: |
30 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 searched an incoming Nepalese national suspected of
carrying heroin internally. He consented to an x-ray examination and was
found to have swallowed 452.6 grams of heroin. The authorising officer
based his decision to issue the certificate on the following information:
- the consignment 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 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;
- Thapa may be involved in a major drug operation and his activities
to date are likely to be connected to the activities of a significant
syndicate involved in the importation and distribution of drugs in Australia;
and
- if not identified and apprehended, they are likely to commit further
offences 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: |
After passing the pellets of heroin, the Nepalese national was conveyed
to a Melbourne Hotel where he was kept under police custody. Following
a number of telephone conversations, Qu Fei Feng, Huy Bao Huynh, Stephen
Zade Abbott and another person attended Thapa’s room on 3 June 1997
and took possession of the heroin. They were arrested by police as they
departed the room.
Qu Fei Feng, Huy Bao Huynh and Stephen Zade Abbott have been charged
and committed for trial for offences under section 233B of the Customs
Act 1901. Charges were withdrawn against a fourth person. The Nepalese
national is currently in protective custody.
This operation involved the importation of 452.6 grams of heroin. The
drugs have been retained for prosecution of this matter. They are currently
in secure storage in accordance with Australian Federal Police Drugs-Policy
and Procedures guidelines.
|
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| SR3/97 |
|
| Date of Application: |
10 June 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled operation, were imported
into Australia without the knowledge or participation of law enforcement
officers and were seized by Customs on entry. The certificate was issued
to permit law enforcement officers to conduct investigations essential
to gain 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 packages forwarded to Australia from Cambodia
which were found to contain heroin. The authorising officer based his
decision to issue the certificate on the following information:
- the packages 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 nature of the importation;
- the increasing significance of Cambodia as a source country for drugs
destined for the Australian market; and
- if not identified and apprehended, the person/s involved in this importation
are 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 June 1997, Australian Federal Police (AFP) members conducted a
controlled operation (which consisted of a representative sample of the
narcotic goods, the remainder of which had been substituted). The reconstructed
packages were delivered to the intended address in Dandenong, Victoria.
Shortly after delivery, three male persons were observed leaving the premises
and travelling to premises located in North Dandenong.
Search warrants were executed on both premises. A search of the Dandenong
premises located the outer wrappings of the packages. A search of the
North Dandenong premises located the heroin consignment secreted behind
a refrigerator in a shed at the rear of the premises.
As a result of the controlled operation Kho Iv, Sambo Bun and Pen He
have been charged with offences under section 233B of the Customs Act
1901.
The 309 grams of heroin involved in this importation is being retained
for prosecution purposes. It is currently in secure storage in accordance
with AFP drugs-Policy and Procedures guidelines.
|
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| SR4/97 |
|
| Date of Application: |
24 June 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The narcotic goods, subject of the controlled
operation, were imported into Australia without the knowledge or participation
of law enforcement officers and were seized by Customs on entry. The certificate
was issued to permit law enforcement officers to conduct investigations
essential to gain 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 had been forwarded to Australia
from the United Kingdom. The package was consigned to an address in Camberwell,
Victoria. The package was found to contain 198 tablets of
3, 4-Methylenedioxyethylamphetamine, also known as MDEA or ecstasy. 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 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 increasing significance of the United Kingdom as a transhipment
country for MDEA destined for the Australian market; and
- if not identified and apprehended, the offender/s are 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 28 June 1997 a resident of the Camberwell address attended Camberwell
Post Office and took possession of the consignment, (which consisted of
a representative sample of the narcotic goods, the remainder of which
had been substituted), and returned to the target address. A short time
later this person departed the premises in possession of the consignment
and travelled to premises located in Eltham, Victoria.
Through the use of surveillance it was ascertained that the consignment
had been opened. As a result police entered the premises. At the time
of entry Jason Walker Rennie threw the controlled operation consignment
out of a window and attempted to flee. The opened controlled operation
consignment was retrieved from the rear yard of the premises.
Rennie has been charged with offences under section 233B of the Customs
Act 1901, section 73(1) and 71(1) of the Drugs Poisons and Controlled
Substances Act 1981 and section 64(1) of the Australian Federal
Police Act 1979.
This operation involved the importation of 198 MDEA tablets. The drugs
have been retained for prosecution purposes. They are currently in secure
storage according to Australian Federal Police Drugs-Policy and Procedures
guidelines.
|
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APPLICATIONS
FOR A CERTIFICATE AUTHORISING A CONTROLLED OPERATION
Certificates Issued by
Senior Officers of the NCA
| SNCA 1/96 |
|
| Date of Application: |
15 November 1996 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
The controlled operation was not carried out |
| Reason for Decision: |
Information was received from a reliable informant concerning the use
of the Australian Postal System to import cocaine into Australia by a
Colombian syndicate. A number of parcels from South America containing
protective covers for magazines which were impregnated with cocaine in
gelatin form were intercepted. This new and sophisticated method of cocaine
importation required specialised expertise to extract the cocaine. Fifteen
packages were initially intercepted. Twenty further packages were expected.
Arrangements were made in Colombia for a "chemist" to travel
to Australia to extract the cocaine
- the quantity of cocaine involved was a commercial quantity conservatively
estimated to be a total of 7 kilograms. Further importations were expected.
- when utilised with other traditional methods of investigation, 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 target was believed to be involved in a major drug importation
- if not apprehended, the person would commit an offence under the Customs
Act, 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 certificate expired before the operation
could be carried out. |
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| SNCA 2/96 |
|
| Date of Application: |
13 December 1996 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
The certificate was issued (after the expiration
of one previous certificate) to permit law enforcement officers to conduct
investigations essential to gain evidence of offences against section 233B
of the Customs Act 1901, by allowing the movement of 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: |
Information was received from a reliable informant concerning the use
of the Australian Postal System to import cocaine into Australia by a
Colombian syndicate. A number of parcels from South America containing
protective covers for magazines which were impregnated with cocaine in
gelatin form were intercepted. This new and sophisticated method of cocaine
importation required specialised expertise to extract the cocaine. Fifteen
packages were initially intercepted. Twenty further packages were expected.
Arrangements were made in Colombia for a "chemist" to travel
to Australia to extract the cocaine.
- the quantity of cocaine involved was a commercial quantity conservatively
estimated to be a total of 7 kilograms. Further importations were expected.
- when utilised with other traditional methods of investigation, 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 target was believed to be involved in a major drug operation
- if not apprehended, the person would commit an offence under the Customs
Act, 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 operation involved the co-ordinated effort
of the NCA, AFP and NSW Police. The "chemist" and others were
placed under observation and a clandestine drug laboratory was located.
On 22 December, 1996, whilst the chemical extraction of cocaine was taking
place, a number of persons were arrested. Jorge Romero-Cepeda was charged
with possession of a prohibited import contrary to section 233B(1)(ca) Customs
Act 1901 and supply not less than a commercial quantity of prohibited drug
contrary to sections 25(2) and 29 Drug Misuse and Trafficking Act 1985 (NSW);
Douglas Alan Robertson with possession of a prohibited import and supply
not less than a commercial quantity of prohibited drug; Campo Elia-Reinoso
with possession of a prohibited import, conspiracy to import a prohibited
import and supply not less than a commercial quantity of prohibited drug.
Gail Michelle Bazley was charged with supply not less than a commercial
quantity of prohibited drug, however the charges were withdrawn by the Director
of Public Prosecution. A warrant for the arrest of another person involved
in the importation has been issued. |
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| SNCA 3/96 |
|
| Date of Application: |
13 December 1996 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
The controlled operation was not carried out |
| Reason for Decision: |
During the course of an investigation of a conspiracy to import cocaine,
physical and electronic surveillance disclosed that one of the targets
and another Sydney resident and known drug dealer were arranging a separate
importation of cocaine being air-freighted from the United States to Australia.
- the quantity of cocaine involved was a commercial quantity estimated
to be 3 kilograms.
- when utilised with other traditional methods of investigation, 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 targets were believed to be involved in a major drug importation
- if not apprehended, the person would commit an offence under the Customs
Act, 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 package containing the cocaine was diverted
from the United States to another destination and no importation into Australia
took place. |
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of contents ]
| SNCA 1/97 |
|
| Date of Application: |
23 January 1997. |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
A controlled operation was not carried out. |
| Reason for Decision: |
Information was received concerning the availability of block heroin
from persons associated with an Asian Narcotic syndicate and an importation
of a large commercial quantity of heroin from Thailand using sophisticated
techniques, including the use of consular property. An undercover operative
was advised of 120 kilograms which was ready for shipment. He was supplied
with a sample of heroin and advised of a five kilogram test run to be
followed up by further shipments of seventy kilograms at a time
- the quantity of heroin initially involved was a commercial quantity
conservatively estimated to be a total of 120 kilograms.
- when utilised with other traditional methods of investigation, 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 target was believed to be involved in a major drug operation
- if not apprehended, the person would commit an offence under the Customs
Act, 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: |
An importation did not take place during the
currency of the certificate. However, the investigation continued and further
certificates were issued. |
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| SNCA 2/97 |
|
| Date of Application: |
24 February 1997 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
A controlled operation was not carried out |
| Reason for Decision: |
A further certificate was issued after the expiration of certificate
SNCA 1/1997. Contact was maintained between the undercover operative and
the targets of the investigation. The targets then planned to import 3
to 5 kilograms of heroin to finance a larger importation of 100 kilograms.
- the quantity of heroin involved was a commercial quantity conservatively
estimated to be a total of 100 kilograms. Further importations were
anticipated.
- when utilised with other traditional methods of investigation, 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 targets were believed to be involved in a major drug importation
- if not apprehended, these persons would commit an offence under the
Customs Act, 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 activities of the targets were monitored
by an undercover operative and further targets were identified. One of the
targets travelled to Thailand to arrange an immediate importation of 4 kilograms
of heroin which was in addition to the planned 100 kilograms. Another person
introduced to the undercover operative discussed supplying him with heroin
and was charged with a State offence. Evidence was obtained and upon return
of the target Feleti Bott from Thailand (without drugs), he and Ivan Depaoli
were charged with conspiracy to import heroin contrary to section 233B(1)(cb)
of the Customs Act. Depaoli was also charged with two offences of supply
heroin contrary to section 25(1) of the Drug Misuse and Trafficking Act
1985 (NSW) and was further charged jointly with Hoai Niem Luu with supply
heroin. A warrant has been issued for the arrest of a fourth target who
left Australia on 16 January, 1997. |
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of contents ]
| SNCA 3/97 |
|
| Date of Application: |
20 March 1997 |
| Decision Taken: |
To authorise a controlled operation |
| Nature of Controlled Operation: |
A controlled operation was not carried out |
| Reason for Decision: |
A controlled operation certificate SNCA 2/1997 had been issued in respect
of a number of targets to import heroin. One of the targets travelled
to Thailand to bring back a specific importation of 4 kilograms of heroin.
- the quantity of heroin involved was a commercial quantity (4 kilograms)
of heroin. Further importations were planned.
- when utilised with other traditional methods of investigation, conducting
a controlled operation would make it much easier to obtain evidence
that could lead to the prosecution of persons for such an offence.
- the targets were believed to be involved in a major drug importation
- if not apprehended, these persons would commit an offence under the
Customs Act, 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. A separate certificate for this
isolated importation was issued for more abundant caution.
|
| Conduct of Operation: |
The activities of the targets were monitored
by an undercover operative and contact was maintained with one target who
had travelled to Thailand to arrange a 4 kilogram importation of heroin.
Evidence was obtained and upon return of the target Feleti Bott from Thailand,
he was arrested along with Ivan Depaoli. Both were charged with conspiracy
to import heroin contrary to section 233B(1)(cb) of the Customs Act. Depaoli
was also charged with two offences of supply heroin contrary to section
25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and further charged
jointly with Hoai Niem Luu with supply heroin. A warrant has been issued
for the arrest of a fourth target who left Australia on 16 January, 1997. |
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of contents ]
| SNCA 4/97 |
|
| Date of Application: |
2 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The controlled operation was not carried out. |
| Reason for Decision: |
A planned importation of cocaine of between 140 and 280 kilograms of
high grade cocaine was detected and a joint Commonwealth/State Task Force
was formed.
- the quantity of cocaine involved was a commercial quantity of between
140 and 280 kilograms was significant and further shipments were planned
- when utilised with other traditional methods of investigation, 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 target was believed to be involved in a major drug importation
- if not apprehended, the person would commit an offence under the Customs
Act, 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 was not carried out.
However, the investigation is continuing. |
[ table
of contents ]
| PNCA 1/97 |
|
| Date of Application: |
3 May 1997 |
| Decision Taken: |
To authorise a controlled operation. |
| Nature of Controlled Operation: |
The controlled operation was not carried out. |
| Reason for Decision: |
A joint NCA, AFP and WAPOL operation targeted a Chinese national who
arrived at Perth International Airport in possession of maps and other
documents relating to movement of shipping and he was suspected of involvement
in the importation of heroin. Advice was sought from the DPP who considered
that a certificate was not necessary in this particular case. However,
Customs considered it appropriate to withhold the issue of an Exemption
from Customs’ Scrutiny Certificate until a certificate was issued.
The Member issued the certificate after considering these matters and:
- the nature of the drug involved, namely heroin, and although the quantity
was unknown, it was likely to be significant if imported by ship.
- when utilised with other traditional methods of investigation, 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 target was believed to be involved in a major drug importation
- if not apprehended, the person would commit an offence under the Customs
Act, 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: |
No narcotic substances were found nor drug offences
detected. However, the target was arrested and charged with two offences
of harbouring an unlawful non-citizen under the Migration Act 1958. Two
unlawful non-citizens were detained and deported back to China. An infringement
notice under section 230 of the Migration Act was served on the shipping
agent imposing a $10,000 fine per illegal entrant, plus all other costs
involved with their detention, accommodation and removal. This penalty and
costs will in turn be passed to the owner of the vessel. |
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