AT4: Delivering Legislation Assignment
- Subject Code :
VU21920
Q 1. Read the below extract of legislation and the scenario further below. Consider the limitations and conditions of Section 195 – Power to question passengers, etc.
s.195 Power to question passengers etc.
(1) An officer of Customs may question:
(a) any person who is on board a ship or an aircraft or an installation of the kind referred to in paragraph 187(b), (c), (d) or (e); or
(b) any person who has, or who the officer has reason to believe has, got off a ship or out of an aircraft; or
(c) any person who the officer has reason to believe is about to board a ship or an aircraft; as to whether that person or any child or other person accompanying him or her has on his or her person, in his or her baggage or otherwise with him or her any:
(d) dutiable goods; or
(e) excisable goods; or
(f) prohibited goods.
(2) A person shall answer questions put to him or her in pursuance of subsection (1).
Scenario: “You live locally and are meeting a friend on the wharf who is visiting from a berthed overseas yacht. Just after she disembarks, your friend hands you a bottle of alcoholic whiskey as a gift – you say thanks, but you only drink lemonade – so you hand it back. At that very moment, a Border Force Officer pulls up in a car and approaches you, and says he wishes to ask you some questions. The Officer asks for your name and address and for some ID. You complain and refuse and tell the Officer that you are an Australian citizen and have never been overseas – so Border Force has no right to stop or question you!”
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Q 2. What are the limitations and restrictions of a Customs S.199 search warrant? Read this extract below from s.199 of the Customs Act 1901 - The things that are authorised by a search warrant. (NOTE: Some parts of the legislation have not been included for this assessment.) Section 199 of the Customs Act 1901: s.199 - The things that are authorised by a search warrant (1) A search warrant that is in force in relation to premises authorises the executing officer or a person assisting: (a) to enter the warrant premises; and (b) to search for and to record fingerprints found on or in the premises, and take samples of things (other than human biological fluid or tissue) found on or in the premises for forensic purposes; and (c) to search the premises for the kind of evidential material specified in the warrant, and to seize things of that kind found on or in the premises; and (5) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours. Name the limitations and/or restrictive conditions of a Customs s.199 Search Warrant. There are at least 6 conditions or limitations that you must state. This question aims to assess your ability to read and interpret based on an imagined or real situation. Your answers should be written as a sentence, demonstrating that you understand what a limitation or restriction is. e.g. ‘The legislation does not permit’ or ‘The legislation can only be used if…’ The aim of the Assessment is to detect ONLY limitations and restrictive conditions - not permissions as such. |
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1. |
A s.199 Search Warrant: - can only be executed during particular hours |
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2. |
- can only be executed by the executing officer or a person assisting |
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- can only be used to search for and record fingerprints, take samples, and search and seize for the kind of evidential material specified in the warrant |
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- can only be used on the warrant premises |
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5. |
- human biological fluid or tissue cannot be taken as a sample |
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6. |
- human biological fluid or tissue cannot be taken as a sample |
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7. |
(optional): |
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Satisfactory / Not Satisfactory |
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Q 3. Determine whether an imported device requires a permit to be imported.
Scenario: “An Australian resident wants to import a Laser Device. The importer does not have permission granted by the Minister or authorised person and he insists that his Customs Broker has determined that Ministerial permission or a permit is not needed.” Note: This scenario is taken from a real-life importation and subsequent court case.
The Laser specifications are:
Rechargeable Green & Red pencil-beam laser, Green 50 mW and Red 50 mW Height: 30cm Width: 10cm
The relevant legislation:
https://www.legislation.gov.au/Details/F2008L01400/Explanatory Statement/Text
LASER IMAGE:
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QU: Discuss your interpretation of the legislation, and whether you would allow the Australian resident to import the laser, or not, and why, or why not. Explain your reason fully in up to 50 words.
Q 4. Identify and describe weapons that are affected by Customs (Prohibited Imports) Regulations 1956 legislation.
- Find the Customs (Prohibited Imports) Regulations 1956 Schedule 13 Part 2.
- Select EIGHT WEAPONS from the list provided below
- Provide the exact “word for word” description from the Customs (Prohibited Imports) Regulations 1956 legislation of what the item covers – do not provide details of the associated tests
- Copy and paste an image (photo or drawing) of each item that you have chosen to describe from the list below. Note: it is important that the image clearly and only relates to the weapon item.
Schedule 13 (extract)
Item 2: Dagger
Item 3: Hand-held Electric devices
Item 8: Darts
Item 10: Crossbows
Item 19: Gloves
Item 20: Concealed blades
Item 21: Sling shots
Item 23: Star knives
Item 28A: Karambits
Item 31: Shark darts
1.Daggers or similar devices, being sharp?pointed stabbing instruments (not including swords or bayonets):
(a) ordinarily capable of concealment on the person; and
(b) having:
(i) a flat blade with cutting edges (serrated or not serrated) along the length of both sides; or
(ii) a needle?like blade, the cross section of which is elliptical or has three or more sides; and
(c) made of any material
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the dealer test;
(d) the returned goods test;
(e) the police certification test
2.Hand?held electric devices that are designed to administer an electric shock on contact, other than the following devices:
(a) cattle prods designed exclusively for use with animals;
(b) hand?held electronic bug zappers that:
(i) are powered by a storage battery capacity not exceeding 6 volts; and
(ii) have the electrified grid shielded to prevent contact with the live component
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the dealer test;
(d) the returned goods test;
(e) the public interest test;
(f) the national interest test
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3.Darts capable of being projected from: (a) a blow?gun or blow?pipe; or (b) another device that consists of a pipe or tube through which a missile in the form of a dart is capable of being projected by: (i) the exhaled breath of the user; or (ii) another means other than an explosive The importation must comply with at least one of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
