Delivering Legislation and Scnerio Based Assessment

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.

.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!

a. Based only on the s.195 legislation extract given above, do you have to answer the Border Force Officer? Explain your reason which should specifically relate to the scenario above and only the legislation in s.195 provided above.

No, the person does not have to answer the Border Force Officer. The Officer can only question the person if they are on board a ship or aircraft, or if they have gotten off of a ship or aircraft. The Officer also has to have a reason to believe that the person has dutiable goods, excisable goods, or prohibited goods.

Also, the Border Force Officer does not have the right to stop or question the person in this scenario. The person is an Australian citizen and has never been overseas, so Border Force does not have jurisdiction over them.

b. Specify exactly and only the Section and all those Subsection/s from the extract of the legislation above which apply to your answer for (a) above.

Section 195, subsection 1.

Satisfactory / Not Satisfactory

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.

1.

A s.199 Search Warrant: - can only be executed during particular hours

2.

- can only be executed by the executing officer or a person assisting

3.

- 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

4.

- can only be used on the warrant premises

5.

- human biological fluid or tissue cannot be taken as a sample

6.

- human biological fluid or tissue cannot be taken as a sample

7.

(optional):

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

LASER IMAGE:

(Attribution: Ian Thomas, Kangan Institute)

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.

Based on the given information, I would not allow the Australian resident to import the laser. The legislation states that it is illegal to import a laser without ministerial permission or a permit, and the importer does not have either of these. Additionally, the laser is a rechargeable green and red pencil-beam laser, which could be harmful if used incorrectly.

Q 4. Identify and describe weapons that are affected by Customs (Prohibited Imports) Regulations 1956 legislation.

a. Find the Customs (Prohibited Imports) Regulations 1956 Schedule 13 Part 2.

b. Select EIGHT WEAPONS from the list provided below

c. 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

d. 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

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

4.

Crossbows that, when discharged, are capable of causing:

(a) damage to property; or

(b) bodily harm;

other than toy crossbows

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

6.

7.

8.

Q 1. Who are the four most likely suspects? For each person, write below:

their full name

their Date of Birth (DOB)

their gender

the full name of Passport country

the full name of the Airline

Suspect 1

Full name (First name then Surname): Arthur Smith

D.O.B.: 2/15/1955

Gender: Male

Full name of Passport Country: Russian Federation

Full name of the Airline: Qatar Foundation

Suspect 2

Full name (First name then Surname): Binisho Ranchero

D.O.B.: 8/17/1987

Gender: Female

Full name of the Passport Country: Trinidad and Tobago

Full name of the Airline: LATAM Chile

Suspect 3

Full name (First name then Surname): Rosca Dandy

D.O.B.: 12/31/1950

Gender: Male

Full name of the Passport Country: Guatemala

Full name of the Airline: LATAM Chile

Suspect 4

Full name (First name then Surname): Engler Smothers

D.O.B.: 3/4/1957

Gender: Male

Full name of the Passport Country: Algeria

Full name of Airline: Qatar Foundations

Satisfactory / Not Satisfactory

Q 2. Who do you believe is the most likely suspect? Explain why.

Rosca Dandy is the most probable culprit. Based on the intelligence assessment, the courier is likely transporting cocaine, and Dandy is the only passenger on the flight with a documented history of criminal activity. It's also noteworthy that Dandy is a malethe more probable gender for the courierand that he's coming in from Colombia, a key supplier of cocaine.