Contents
1 Controlled Operations
Overview of ACT Policing Controlled Operations records 2020-21
| Number of standard authorities granted | 8 |
| Number of applications for standard authorities refused | 0 |
| Number of amendments to standard authorities granted | 0 |
| Number of applications for amendments to standard authorities refused | 0 |
| Number of urgent authorities granted | 0 |
| Number of applications for urgent authorities refused | 0 |
| Number of urgent amendments to authorities granted | 0 |
| Number of applications for urgent amendments to authorities refused | 0 |
| Number of controlled operations conducted in the ACT | 4 |
| Number of controlled operations conducted in the ACT and one or more other jurisdictions | 0 |
| Number of controlled operations conducted in one or more participating jurisdictions | 0 |
Authorities issued by authorising officers of ACT Policing 2020-21
Standard Controlled Operation Number: 2020-21/01
| Application authorised or refused | On 15 July 2020, Acting Commander Efthimios Calatzis, Acting Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Trafficking in controlled drug other than cannabis, pursuant to section 603(7) of the Criminal Code 2002 (ACT), an offence punishable by 10 years imprisonment, 1000 penalty units or both. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation was cancelled on 24 September 2020. |
| Period the authority was in force | 72 days* |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the purchase of controlled drugs within the ACT and one or more other jurisdictions. |
| Involvement of illicit goods | Type (weight or quantity) | Nil |
| Route through which illicit goods passed in the course of the operation | N/A |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | No conduct was undertaken under the Controlled Operation authority. |
| Arrests/Prosecutions | Nil |
*Controlled Operation cancelled therefore the Period the authority was in force is calculated in days.
Standard Controlled Operation Number: 2020-21/02
| Application authorised or refused | On 24 July 2020, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Unlawful disposal of firearms contrary to section 226 of the Firearms Act 1996 (ACT), an offence punishable by 10 years imprisonment. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation expired on 23 August 2020. |
| Period the authority was in force | 1 month |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the acquisition of prohibited firearms within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Two prohibited firearms and multiple rounds of ammunition. |
| Route through which illicit goods passed in the course of the operation | Excluded from publication pursuant to section 28(5) of the Crimes (Controlled Operations) Act 2008. |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | Two prohibited firearms and multiple rounds of ammunition were acquired. |
| Arrests/Prosecutions | Nil |
Standard Controlled Operation Number: 2020-21/03
| Application authorised or refused | On 7 September 2020, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Unlawful disposal of firearms contrary to section 226 of the Firearms Act 1996 (ACT), an offence punishable by 10 years imprisonment. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation expired on 6 October 2020. |
| Period the authority was in force | 1 month |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the acquisition of prohibited firearms within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Six prohibited firearms and multiple rounds of ammunition. |
| Route through which illicit goods passed in the course of the operation | Excluded from publication pursuant to section 28(5) of the Crimes (Controlled Operations) Act 2008. |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | Six prohibited firearms and multiple rounds of ammunition were acquired. |
| Arrests/Prosecutions | Nil |
Standard Controlled Operation Number: 2020-21/04
| Application authorised or refused | On 7 October 2020, Acting Commander Corey Heldon, Acting Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Trafficking in controlled drug other than cannabis, pursuant to section 603(7) of the Criminal Code 2002 (ACT), an offence punishable by 10 years imprisonment, 1000 penalty units or both. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation expired on 6 January 2021. |
| Period the authority was in force | 3 months |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the purchase of controlled drugs within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Nil |
| Route through which illicit goods passed in the course of the operation | N/A |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | No conduct was undertaken under the Controlled Operation authority. |
| Arrests/Prosecutions | Nil |
Standard Controlled Operation Number: 2020-21/05
| Application authorised or refused | On 11 November 2020, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Trafficking in a controlled drug other than cannabis, pursuant to section 603(7) of the Criminal Code 2002 (ACT) punishable by imprisonment for 10 years, 1000 penalty units or both. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation expired on 10 February 2021. |
| Period the authority was in force | 3 months |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the purchase of controlled drugs within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Nil |
| Route through which illicit goods passed in the course of the operation | N/A |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | No conduct was undertaken under the Controlled Operation authority. |
| Arrests/Prosecutions | Nil |
Standard Controlled Operation Number: 2020-21/06
| Application authorised or refused | On 25 November 2020, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Unlawful disposal of firearms contrary to section 226 of the Firearms Act 1996 (ACT), an offence punishable by 10 years imprisonment. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation expired on 24 February 2021. |
| Period the authority was in force | 3 months |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the acquisition of prohibited firearms within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | One firearm |
| Route through which illicit goods passed in the course of the operation | Excluded from publication pursuant to section 28(5) of the Crimes (Controlled Operations) Act 2008. |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | One firearm was acquired. |
| Arrests/Prosecutions | Nil |
Standard Controlled Operation Number: 2020-21/07
| Application authorised or refused | On 14 April 2021, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Trafficking in a controlled drug other than cannabis, contrary to section 603(7) of the Criminal Code 2002 (ACT), punishable upon conviction by imprisonment by 10 years, 1000 penalty units or both. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation was cancelled on 22 June 2021. |
| Period the authority was in force | 70 days* |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the purchase of controlled drugs within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Nil |
| Route through which illicit goods passed in the course of the operation | N/A |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | No conduct was undertaken under the Controlled Operation authority. |
| Arrests/Prosecutions | Nil |
*Controlled Operation cancelled therefore the Period the authority was in force is calculated in days.
Standard Controlled Operation Number: 2020-21/09
| Application authorised or refused | On 28 April 2021, Acting Commander Corey Heldon, Acting Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Unlawful disposal of firearms contrary to section 226 of the Firearms Act 1996 (ACT), an offence punishable by 10 years imprisonment. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation was cancelled on 17 May 2021. |
| Period the authority was in force | 20 days* |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the acquisition of prohibited firearms within the ACT. |
| Involvement of illicit goods | Type (weight or quantity) | Two firearms, multiple rounds of ammunition and multiple firearm magazines. |
| Route through which illicit goods passed in the course of the operation | Excluded from publication pursuant to section 28(5) of the Crimes (Controlled Operations) Act 2008. |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | Two firearms, multiple rounds of ammunition and multiple firearm magazines were acquired. |
| Arrests/Prosecutions | Nil |
*Controlled Operation cancelled therefore the Period the authority was in force is calculated in days.
Standard Controlled Operation number 2020-21/08 and 2020-21/10 are ongoing and will be reported on in the 2021-22 Special Purposes Annual report.
Authorities issued by authorising officers of ACT Policing, 2019-20, for which operations concluded in the 2020-21 reporting period
Standard Controlled Operations Number: 2019-20/07
| Application authorised or refused | On 26 June 2020, Commander Michael Chew, Deputy Chief Police Officer of the ACT, an authorised officer within the meaning of the Crimes (Controlled Operations) Act 2008 (ACT), issued a certificate authorising a Controlled Operation to be undertaken. |
| Nature of the criminal activities or corrupt conduct against which the authorised operation was directed | Trafficking in controlled drug other than cannabis, pursuant to section 603(7) of the Criminal Code 2002 (ACT), an offence punishable by 10 years imprisonment, 1000 penalty units or both; Money laundering, pursuant to section 114B of the Crimes Act 1900 (ACT), an offence punishable by 10 years imprisonment, 1000 penalty units or both; and Trafficking firearms under section 220(1) of the Firearms Act 1996 (ACT) an offence punishable by 20 years imprisonment. |
| Amendment of controlled operation authority | Nil |
| Revocation or expiry date of controlled operation authority | The Controlled Operation was cancelled on 27 August 2020. |
| Period the authority was in force | 63 days* |
| Nature of controlled conduct engaged in for the purposes of the authorised operations | The authority authorised the purchase of controlled drugs and the acquisition of prohibited firearms within the ACT and one or more jurisdictions. |
| Involvement of illicit goods | Type (weight or quantity) | Nil |
| Route through which illicit goods passed in the course of the operation | N/A |
| Involvement of other jurisdictions | Nil |
| Damage or injuries occurred | Nil |
| Outcome | No direct conduct with the target was achieved. |
| Arrests/Prosecutions | Nil |
*Controlled Operation cancelled therefore the Period the authority was in force is calculated in days.
2 Surveillance Devices
Overview of ACT Policing surveillance device records 2020-21
| Number of surveillance device applications for Data Surveillance Devices | 16 |
| Number of surveillance device warrants issued for Data Surveillance Devices | 16 |
| Number of surveillance device emergency authorisation applications for Data Surveillance Devices | 0 |
| Number of surveillance device emergency authorisations issued for Data Surveillance Devices | 0 |
| Number of surveillance device applications for Listening Devices | 22 |
| Number of surveillance device warrants issued for Listening Devices | 22 |
| Number of surveillance device emergency authorisation applications for Listening Devices | 0 |
| Number of surveillance device emergency authorisations issued for Listening Devices | 0 |
| Number of surveillance device applications for Optical Surveillance Devices | 19 |
| Number of surveillance device warrants issued for Optical Surveillance Devices | 19 |
| Number of surveillance device emergency authorisation applications for Optical Surveillance Devices | 0 |
| Number of surveillance device emergency authorisations issued for Optical Surveillance Devices | 0 |
| Number of surveillance device applications for Tracking Devices | 13 |
| Number of surveillance device warrants issued for Tracking Devices | 13 |
| Number of surveillance device emergency authorisation applications for Tracking Devices | 0 |
| Number of surveillance device emergency authorisations issued for Tracking Devices | 0 |
| Number of surveillance device applications for Retrieval Warrants | 3 |
| Number of surveillance device Retrieval Warrants issued | 3 |
| Total number of surveillance device remote applications | 0 |
| Total number of surveillance device applications refused | 0 |
| Total number of emergency authorisation applications refused | 0 |
| Total number of surveillance device extension applications | 3 |
| Total number of surveillance device extensions granted | 3* |
| Total number of surveillance device extension applications refused | 0 |
| Total number of arrests on the basis of surveillance device information | 4 |
| Total number** of prosecutions commenced using surveillance device information | 4 |
*Investigations were ongoing and the continuation of device/s was required.
**This figure does not include guilty verdicts delivered during this reporting period for prosecutions commenced in previous reporting periods. Additionally, prosecutions commenced during this reporting period may still be before court.
3 Confiscation of Criminal Assets
Overview of examination orders and examination notices, 2020-21
| Number of applications for examination orders< | 5 |
| Number of people given examination notices< | 26 |
| Number of investigations to which the notices related< | 5 |
| Number of examinations conducted< | 24 |
| Number of complaints made to the Australian Federal Police or Commonwealth Ombudsman in relation to examination notices< | 0 |
| Number of complaints in relation to examination notices resolved< | 0 |
| Number of legal proceedings (excluding criminal charges) begun in relation to examination notices< | 2 |
| Number of legal proceedings (excluding criminal charges) in relation to examination notices finalised< | 2 |
| Number of confiscation proceedings begun during the year in relation to matters for which an examination has been given to a person< | 4 |
| Estimated value of property restrained post examination during the year in relation to matters for which an examination notice had been given to a person< | $462,450 |
| Number of charges laid relating to examination notice offences during the year< | 0 |
| Number of arrests made during the year in relation to matters for which an examination notice has been given to a person< | 0 |
Examination orders and examination notices, 2020-21
Standard Examination Order Number: ACTEO/01/20-21
| Date of examination order | 21 August 2020 |
| Application authorised or refused | Authorised |
| Authorising Officer | Chief Magistrate WALKER |
| Number of examination notices given | 6 |
| Number of examinations conducted | 6 |
| Number and kind of confiscation proceedings begun post examination | Confiscation of Criminal Assets Act 2003, section 32A (Unexplained wealth) |
| Estimated value of property restrained or confiscated post examination | $300,000 |
| Charges laid | No charges in relation to examination notice offences. |
| Arrests made | Nil |
| Outcome | Forfeited assets as a result of Confiscation of Criminal Assets proceedings, post examination. |
Standard Examination Order Number: ACTEO/02/20-21
| Date of examination order | 24 September 2020 |
| Application authorised or refused | Authorised |
| Authorising Officer | Associate Justice MCWILLIAM |
| Number of examination notices given | 6 |
| Number of examinations conducted | 6 |
| Number and kind of confiscation proceedings begun post examination | Confiscation of Criminal Assets Act 2003, section 26(3) |
| Estimated value of property restrained or confiscated post examination | $162,400 |
| Charges laid | No charges in relation to examination notice offences. |
| Arrests made | Nil |
| Outcome | Forfeited assets as a result of Confiscation of Criminal Assets proceedings, post examination. |
Standard Examination Order Number: ACTEO/03/20-21
| Date of examination order | 26 March 2021 |
| Application authorised or refused | Authorised |
| Authorising Officer | Justice LOUKAS-KARLSSON |
| Number of examination notices given | 7 |
| Number of examinations conducted | 6 |
| Number and kind of confiscation proceedings begun post examination | Nil |
| Estimated value of property restrained or confiscated post examination | Nil |
| Charges laid | No charges in relation to examination notice offences. |
| Arrests made | Nil |
| Outcome | Property restrained prior to examinations. Settlement negotiations underway. |
Standard Examination Order Number: ACTEO/04/20-21
| Date of examination order | 11 May 2021 |
| Application authorised or refused | Authorised |
| Authorising Officer | Acting Justice ROBINSON |
| Number of examination notices given | 4 |
| Number of examinations conducted | 4 |
| Number and kind of confiscation proceedings begun post examination | Nil |
| Estimated value of property restrained or confiscated post examination | Nil |
| Charges laid | No charges in relation to examination notice offences. |
| Arrests made | Nil |
| Outcome | Further confiscation proceedings are under consideration. |
Standard Examination Order Number: ACTEO/05/20-21
| Date of examination order | 18 June 2021 |
| Application authorised or refused | Authorised |
| Authorising Officer | Acting Justice CROWE |
| Number of examination notices given | 3 |
| Number of examinations conducted | 2 |
| Number and kind of confiscation proceedings begun post examination | Nil |
| Estimated value of property restrained or confiscated post examination | Nil |
| Charges laid | No charges in relation to examination notice offences. |
| Arrests made | Nil |
| Outcome | Further confiscation proceedings are under consideration. |
Examination notices issued in 2020-21, which arose from examination orders granted in 2019-20
Nil
4 Assumed Identities
Assumed Identities
Overview of assumed identity authorisations, 2020-21
| Number of authorities granted | 0* |
| Description of activities undertaken by authorised people | N/A |
| Number of applications for authorities refused | 0 |
No fraud or other unlawful activity was identified by an audit under section 40 of the Crimes (Assumed Identities) Act 2009 during the financial year 2020-21.
*This does not include any authorisations that may have been granted under corresponding laws, including Commonwealth legislation.
Examination notices issued in 2020-21, which arose from examination orders granted in 2019-20
Nil
5 Protection of Witness Identity
Overview of assumed witness identity protection certificates, 2020-21
| Number of witness identity protection certificates | 0* |
| Reasons the chief officer was satisfied under section 11(1) of the Crimes (Protection of Witness Identity) Act 2011 | N/A |
| Was leave given or an order made in a proceeding under section 18 of the Crimes (Protection of Witness Identity) Act 2011 | No |
| Was a witness identity protection certificate cancelled under section 15 of the Crimes (Protection of Witness Identity) Act 2011 | No |
| Was a person allowed to give information under section 19 of the Crimes (Protection of Witness Identity) Act 2011 | No |
*This does not include any witness identity protection certifications that may have been granted under corresponding laws, including Commonwealth legislation.
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