(1) In this Part, unless the context otherwise requires,—

(2) A reference in this Part to a party to a private communication is a reference to—

• (a) any originator of the communication and any person intended by the originator to receive it; and

• (b) a person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.

(3) For the purposes of section 12,—

This Part shall apply notwithstanding anything in the Postal Services Act 1998 or the Customs and Excise Act 1996.

(1) Where any Customs officer acting in the course of his or her official duties believes on reasonable grounds that there is in or on any craft, package, mail, vehicle, or goods any controlled drug or precursor substance that has been imported into New Zealand in contravention of section 6(1)(a) or section 12AB of the principal Act, he or she may, for the purpose of his or her investigation of the matter, leave or replace that drug or precursor substance, or any portion of it, in or on the craft, package, mail, vehicle, or goods and may, in the same manner as if there had been delivery from Customs control,—

• (a) allow the craft or vehicle to leave; or

• (b) allow the package, goods, or mail to be collected by or delivered to or on behalf of the consignee; or

• (ba) allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or

• (bb) deliver the package, goods, or mail; or

• (c) return the package, goods, or mail to the appropriate carrier for delivery to the addressee—

as the case may require.

(2) No Customs officer who exercises any power conferred by subsection (1), and no officer or employee of any carrier who, in the course of his or her duties, does anything in respect of any package, goods, or mail returned to a carrier in accordance with that subsection (whether or not he or she knows that the package, goods, or mail contains a controlled drug or precursor substance), is under any criminal or civil liability in respect of the exercise of that power or, as the case requires, the doing of that thing.

(1) In this section, an international controlled delivery means allowing a controlled drug or precursor substance (or substance substituted in the place of a controlled drug or precursor substance) to pass through or into the territory of 1 or more countries—

• (a) with the agreement of the relevant law enforcement agencies of the countries which it is to pass through or into; and

• (b) with a view to identifying persons involved in the commission of an offence—

  • (i) under section 6(1)(a) or section 12AB of the principal Act; or

  • (ii) that would, if done or committed in New Zealand, be an offence under either of those sections.

(2) Nothing in subsection (3) affects the liability of any person charged with an offence under section 6(1)(a) or section 12AB or section 12AC of the principal Act.

(3) Any constable, Customs officer, or officer of a relevant law enforcement agency with which there is an agreement under subsection (1)(a) who is involved in an international controlled delivery—

• (a) does not commit an offence under section 6(1)(a), 12AB, or 12AC of the principal Act by reason of taking part in that international controlled delivery; and

• (b) unless he or she is acting in bad faith, is not subject to any criminal or civil liability as a result of taking part in that international controlled delivery.

(1) If any constable or officer of Customs has reasonable cause to believe that any person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose, the constable or officer of Customs may cause that person to be detained under this section.

(2) For the purposes of subsection (1), a person has any Class A controlled drug or Class B controlled drug secreted within that person’s body if—

• (a) the drug is within any of that person’s body cavities; or

• (b) that person has swallowed the drug in such a manner that it may pass through the body, or be regurgitated, intact, but the drug is still within the body at the material time.

(3) In subsection (1), unlawful purpose means the commission of an offence against the principal Act, and the concealment of the commission of any such offence.

On causing any person to be detained under section 13A, a constable or an officer of Customs shall as soon as possible, unless the detention sooner ceases in accordance with paragraph (a) or paragraph (b) or paragraph (c) of section 13H,—

• (a) inform the detained person of the reason for the detention, in words sufficient to give the detained person notice of the true reason for the detention; and

• (b) hand to the detained person a statement of rights in the form set out in Schedule 2; and

• (c) arrange for the attendance of a medical practitioner (who shall be nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service, either generally or in any particular case or class of case), and, in the presence of that medical practitioner, ask the detained person if he or she wishes to undergo an examination of 1 or more of the kinds specified in section 13C(1); and

• (d) apply to a District Court Judge, in accordance with section 13E, for a warrant authorising the continued detention of the detained person under section 13A.

(1) The kinds of examination that a person who is detained under section 13A may undergo are as follows:

• (a) a physical examination (whether or not facilitated by an instrument or device) to be conducted by a medical practitioner nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service, either generally or in any particular case or class of case:

• (b) an X-ray examination with or without a contrast agent:

• (c) an ultrasound scan.

(2) Except in a case where the detained person immediately makes it clear that he or she does not wish to undergo any examination, the medical practitioner called under section 13B(c) shall explain to the detained person what is involved in each kind of examination.

(3) If the detained person wishes to undergo an examination of a kind described in subsection (1), the detained person shall sign a written statement to the effect that he or she consents to the examination, and the medical practitioner shall endorse on the written consent a certificate to the effect that the medical practitioner has advised the detained person of what is involved in the examination and is satisfied that the detained person, when giving consent, understood what is involved in that examination.

(4) Notwithstanding that any such detained person states that he or she does not wish to undergo any examination of a kind described in subsection (1), the detained person may subsequently, at any time while the detention is continuing, advise any constable or officer of Customs that he or she now wishes to undergo such an examination, in which case the provisions of subsections (2) and (3) shall apply with any necessary modifications.

(5) As soon as practicable after any such detained person has consented to undergo any such examination, a constable or an officer of Customs shall make all necessary arrangements for that examination to take place.

(6) Notwithstanding any of the foregoing provisions of this section, no such detained person shall be entitled to insist on undergoing an examination of a particular kind if the necessary equipment is not reasonably available for the purpose.

(7) Nothing in the foregoing provisions of this section shall preclude the detained person from requesting or consenting to the administration to him or her of a laxative or any other similar substance; and, where the detained person makes any such request or gives any such consent, a constable or an officer of Customs shall record the particulars of the case, and those particulars shall be supplied to the Judge whenever an application for the grant or renewal of a detention warrant is made.

(1) The medical practitioner or other person who conducts an examination of any person detained under section 13A shall, on concluding the examination, certify the results of the examination in whichever of the following forms is appropriate:

• (a) that, in his or her professional judgment, the detained person has nothing secreted within that person’s body, or within that part of the body to which the examination related, that could be or contain a Class A controlled drug or a Class B controlled drug:

• (b) that, in his or her professional judgment, the detained person has something secreted within that person’s body that could be or contain a Class A controlled drug or a Class B controlled drug:

• (c) that the results of the examination are inconclusive.

(2) A copy of every certificate given under subsection (1) shall be given to—

• (a) the detained person; and

• (b) the barrister or solicitor appointed under section 13F; and

• (c) the medical practitioner appointed under that section.

(1) Subject to subsection (2), every application for a warrant authorising the continued detention of any person under section 13A shall be made by a constable or an officer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars:

• (a) the facts relied upon to show that there is reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose:

• (b) the time at which, the date on which, and the place at which the detention commenced under section 13A:

• (c) the address, and a description of the nature, of the premises in which the detained person is being detained, and, if it is proposed that the detained person be moved to any other premises for the purposes of the detention, the address, and a description of the nature, of those other premises:

• (d) the time or times at which, and the date or dates on which, the detained person was asked if he or she wished to undergo any examination of a kind described in section 13C(1), and the detained person’s response to any such question, including the reasons given by the detained person for any negative response:

• (e) if any such examination has been conducted, the results of that examination as set out in the certificate given under section 13D(1).

(2) In any case where, because of the urgency of the matter or for any other sufficient cause, it seems proper to do so, a District Court Judge may permit an application under this section to be made on oath orally, but in that event the Judge shall make a note in writing of the particulars referred to in paragraphs (a) to (e) of subsection (1).

(3) In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.

(4) If, on an application made under this section, a Judge is satisfied—

• (a) that there has been reasonable compliance with the requirements of section 13B; and

• (b) that there is reasonable cause to believe that the detained person has secreted within that person’s body any Class A controlled drug or Class B controlled drug for any unlawful purpose; and

• (c) that the premises in which the detained person is being detained, or any other premises in which it is proposed to detain that person, are suitable for the purpose,—

the Judge may grant a detention warrant in the prescribed form authorising the continued detention of the person to whom it relates under section 13A.

(5) A detention warrant issued under subsection (4) shall authorise the continued detention of the person named in it in the premises specified in it until—

• (a) the expiry of the period of 7 days commencing with the date on which the detention under section 13A commenced, or such shorter period as the Judge may specify in the warrant; or

• (b) the detention is sooner brought to an end in any of the circumstances described in section 13H.

(6) On granting a detention warrant under this section, a Judge—

• (a) shall record in writing his or her reasons for granting the warrant; and

• (b) may impose all such conditions relating to the circumstances and conduct of the detention as the Judge thinks fit.

(1) If the circumstances in subsection (2) exist, a constable or a Customs officer may undertake any of the following in relation to a person (person A):

• (a) a rub-down search (as defined in section 13EB):

• (b) a strip search (as defined in section 13EC):

• (c) both a rub-down search and a strip search.

(2) The circumstances are that—

• (a) a detention warrant has been issued under section 13E in relation to person A; and

• (b) the constable or the Customs officer has reasonable cause to suspect that person A has hidden on or about his or her person any Class A controlled drug or Class B controlled drug.

(3) In deciding what type of search to undertake under subsection (1), a constable or a Customs officer must have regard to all of the relevant circumstances, including, without limitation, the matters referred to in section 13ED(2).

(4) If, as a result of a search under subsection (1), a constable or a Customs officer finds any Class A controlled drug or Class B controlled drug, he or she may take possession of it.

(5) Reasonable force may be used, if necessary, to undertake a search under subsection (1).

(6) If a person who is undergoing a search under subsection (1) makes a request for an internal examination under section 13C(4), the constable or the Customs officer conducting the search may continue with and complete the search before arranging for the internal examination to take place.

(1) For the purposes of this section, section 13EA and sections 13ED to 13M, a rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following:

• (a) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

• (b) insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

• (c) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:

  • (i) open his or her mouth:

  • (ii) display the palms of his or her hands:

  • (iii) display the soles of his or her feet:

  • (iv) lift or rub his or her hair.

(2) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched—

• (a) to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and

• (b) to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.

(3) Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.

(4) Authority to conduct a rub-down search of a person includes the authority to search—

• (a) any item carried by, or in the possession of, the person; and

• (b) any outer clothing removed, raised, lowered, or opened for the purposes of the search; and

• (c) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

(1) For the purposes of this section, section 13EA, and sections 13ED to 13M, a strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of that latter person’s clothing.

(2) For the purpose of facilitating a strip search, the person conducting the search may require the person being searched to do all or any of the following:

• (a) open his or her mouth:

• (b) display the palms of his or her hands:

• (c) lift or rub his or her hair:

• (d) display the soles of his or her feet:

• (e) raise his or her arms to expose his or her armpits:

• (f) with his or her legs spread apart, bend his or her knees.

(3) Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.

(4) Authority to conduct a strip search of a person includes the authority to search—

• (a) any item of clothing removed, raised, lowered, or opened for the purposes of the search; and

• (b) any item carried by, or in the possession of, the person.

(1) A rub-down search or strip search, or both, may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.

(2) A person who carries out a rub-down search or strip search, or both, must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.

(3) No constable or Customs officer may conduct a strip search unless another constable or officer is also present.

(4) A strip search of a person must not be carried out in view of any other person who is detained or being searched.

A constable or a Customs officer who undertakes a search under section 13EA must, within 3 working days of the search, give a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable cause to suspect required by section 13EA(2)(b) to,—

• (a) in the case of a constable, the Commissioner of Police; and

• (b) in the case of a Customs officer, the Chief Executive of the New Zealand Customs Service.

(1) On granting a detention warrant under section 13E, a District Court Judge shall appoint, or arrange for the appointment of, a barrister or solicitor and a medical practitioner to report to the court on the matters referred to in subsections (2) and (3).

(2) The function of the barrister or solicitor appointed under this section shall be to satisfy himself or herself—

• (a) that the detention is being conducted in accordance with the provisions of this Act, the terms of the detention warrant, and any directions given by the Judge; and

• (b) that the detained person is aware of his or her rights in relation to the detention, and that the exercise of any of those rights by that person is not being interfered with unreasonably,—

and to report to the Judge if the barrister or solicitor is not so satisfied in any particular respect.

(3) The function of the medical practitioner appointed under this section shall be to satisfy himself or herself—

• (a) that the detained person is being accommodated, fed, and generally cared for in a reasonable and proper manner; and

• (b) that the detained person is being offered all such medical care (if any) as may seem to the medical practitioner to be necessary or desirable in the interests of that person,—

and to report to the Judge if the medical practitioner is not so satisfied in any particular respect.

(4) Notwithstanding anything in subsection (2) or subsection (3), where—

• (a) the detained person consults a barrister or solicitor of that person’s choosing and that barrister or solicitor agrees to act for that person, the barrister or solicitor appointed under subsection (1) shall not be responsible for any matter falling within the normal responsibilities of a barrister or solicitor acting for a client; or

• (b) the detained person consults a medical practitioner of that person’s choosing and that medical practitioner agrees to attend that person as a patient, the medical practitioner appointed under subsection (1) shall not be responsible for any matter falling within the normal responsibilities of a medical practitioner attending a patient.

(5) On appointing a barrister or solicitor or a medical practitioner under this section, or at any time thereafter while the detention continues, a District Court Judge may give to the barrister or solicitor or medical practitioner all such directions relating to the functions of the barrister or solicitor or medical practitioner as the Judge thinks fit.

(1) The following persons shall at all times have the right of access to any person who is being detained under section 13A:

• (a) the barrister or solicitor appointed under section 13F:

• (b) the medical practitioner appointed under that section.

(2) The following persons shall at all reasonable times have the right of access to any person who is being detained under section 13A:

• (a) any barrister or solicitor who is acting for the detained person:

• (b) any medical practitioner who is attending the detained person as a patient:

• (c) any other person whom the detained person reasonably wishes to see.

(3) Nothing in subsection (2), or any other enactment or rule of law, shall entitle any person to have access to the detained person—

• (a) in the absence of any constable or officer of Customs who is for the time being guarding the detained person; or

• (b) otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the detained person or to avoid the frustration of the purpose of the detention.

The detention of any person under section 13A shall cease in each of the following circumstances:

• (a) where the detained person is arrested:

• (b) where a certificate is given under section 13D, following an examination, to the effect that, in the professional judgment of the person conducting the examination, the detained person has nothing secreted within that person’s body that could be or contain a Class A controlled drug or a Class B controlled drug:

• (c) where the constable or officer of Customs who is in charge of the case forms the view that there is no longer reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose:

• (d) where an application to a District Court Judge for a detention warrant, or for the renewal of a detention warrant, in respect of the detained person is declined:

• (e) where the warrant is cancelled on appeal under section 13L.

(1) Any District Court Judge may from time to time grant a renewal of a detention warrant upon application made at any time before the warrant (or any current renewal of the warrant) has expired.

(2) Every application for renewal of a detention warrant shall be made by a constable or an officer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars:

• (a) the facts relied upon to show that there is still reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose:

• (b) the date or dates on which the detained person was asked to consent to undergo any examination of a kind described in section 13C, and the detained person’s response to that request, including any reasons given by the detained person for any negative response:

• (c) if any such examination has been conducted, the results of that examination as set out in the certificate given under section 13D(1):

• (ca) the date or dates of any rub-down search or strip search undertaken under section 13EA, the circumstances in which it was conducted, and the results of the search:

• (d) any matters that the barrister or solicitor appointed under section 13F wishes to draw to the attention of the Judge who is to consider the application for renewal:

• (e) any matters that the medical practitioner appointed under that section wishes to draw to the attention of that Judge:

• (f) any matters that any barrister or solicitor who is acting for the detained person, or any medical practitioner who is attending the detained person as a patient, wishes to draw to the attention of that Judge.

(3) Every such application shall be supported by such other information as the Judge may require.

(4) Notice of every such application shall be given to the barrister or solicitor appointed under section 13F and to any barrister or solicitor who is acting for the detained person.

(5) Notwithstanding any of the preceding provisions of this section or any enactment or rule of law to the contrary, neither the detained person nor any person referred to in any of paragraphs (d) to (f) of subsection (2) shall be entitled to see or hear any evidence that was adduced in support of the original application for the grant of the detention warrant, or any evidence adduced in support of the application for the renewal of the warrant and relating to any matter other than one to which paragraph (b) or paragraph (c) or paragraph (ca) of that subsection applies; and for the purposes of this subsection, every such person shall be excluded from the hearing while any such evidence is being given.

(6) In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.

(7) Without limiting subsection (3), before determining an application for the renewal of a detention warrant under this section, a District Court Judge may—

• (a) call for a report from the barrister or solicitor referred to in paragraph (d) of subsection (2), or from the medical practitioner referred to in paragraph (e) of that subsection, on any matter relating to the detention or to the application for the renewal of the detention warrant; and

• (b) hear any person referred to in any of paragraphs (d) to (f) of that subsection in respect of the application.

(8) A renewal of a detention warrant may be granted under this section if the Judge is satisfied that the circumstances described in section 13A still obtain.

(9) Every renewal of a detention warrant shall be valid for a period of 7 days commencing with the date on which it is granted, or such shorter period as the Judge may specify in the renewal.

(10) Where an application for the renewal of a detention warrant is duly made before the expiration of the warrant (or of any current renewal of the warrant), the warrant shall continue in force until the application is determined notwithstanding the expiration of the period for which the warrant was issued or last renewed.

(11) Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of a detention warrant upon an application duly made under this section:

provided that no detention under section 13A shall continue for longer than 21 days.

(12) On granting a renewal of a detention warrant under this section, a Judge—

• (a) shall record in writing his or her reasons for granting the renewal; and

• (b) may impose all such conditions relating to the circumstances and conduct of the detention as the Judge thinks fit.

The powers conferred by sections 13A to 13I may be exercised by any officer of Customs only in respect of offences against the principal Act involving the importation into or the exportation from New Zealand of any Class A controlled drug or Class B controlled drug.

(1) Where any person who is being detained under section 13A makes any confession or admission in respect of any offence other than a relevant offence, no evidence of that confession or admission, or of its substance, meaning, or purport, shall be given in any court.

(2) For the purposes of this section, a relevant offence is one with which the detained person may be liable to be charged by virtue of having any controlled drug secreted within that person’s body at any time during the detention.

(1) Where a District Court Judge grants a detention warrant under section 13E, or grants a renewal of a detention warrant under section 13I, or imposes any condition under either of those sections relating to the circumstances or conduct of the detention, the detained person may appeal to the High Court against that decision.

(2) Where a notice of appeal is filed in the High Court under this section, the Registrar of the court in which the decision under appeal was made shall forward the court file to the High Court.

(3) The fact that an appeal is lodged or is pending under this section shall not affect the detention, which, subject to section 13H, shall continue pending the determination of the appeal.

(4) The detained person shall not have the right to attend or be heard personally in respect of the appeal, but may be represented by counsel.

(5) Notwithstanding any of the provisions of this section or any enactment or rule of law to the contrary, neither the detained person nor his or her counsel shall be entitled to see or hear any evidence that was adduced in support of the original application for the grant of the detention warrant, or any evidence adduced in opposition to the appeal and relating to any matter other than one referred to in paragraph (b) or paragraph (c) of section 13I(2); and for the purposes of this subsection, any counsel representing the detained person shall be excluded from the hearing while any such evidence is being given.

(6) Every appeal under this section shall be by way of rehearing.

(7) On hearing any such appeal, the High Court may take into account any oral or documentary material that the court considers relevant, whether or not it would otherwise be admissible.

(8) Without limiting subsection (7), before determining an appeal under this section, the court may—

• (a) call for a report from the barrister or solicitor or the medical practitioner appointed under section 13F on any matter relating to the detention or to the appeal; and

• (b) hear any such barrister or solicitor or medical practitioner, or any other medical practitioner who is attending the detained person as a patient.

(9) On hearing any appeal under this section, the High Court may confirm, reverse, or modify the decision under appeal.

(10) Where the High Court reverses the decision to grant a detention warrant or the renewal of a detention warrant, it shall cancel the warrant.

(11) The decision of the High Court on an appeal under this section shall be final.

The Commissioner of Police shall include in every annual report prepared by the Commissioner for the purposes of section 101 of the Policing Act 2008, and the Chief Executive of the New Zealand Customs Service shall include in every annual report prepared by the Chief Executive for submission to Parliament, the following information in respect of the period under review:

• (a) the number of applications for detention warrants made under section 13E by any constable or (as the case may require) any officer of Customs:

• (b) the number of applications for renewals of detention warrants made under section 13I by any constable or (as the case may require) any officer of Customs:

• (c) the number of such applications referred to in each of the preceding paragraphs of this section that were granted and the number that were refused:

• (d) the average duration of the detention warrants (including renewals) granted on applications by constables or (as the case may require) officers of Customs:

• (e) the number of prosecutions that have been instituted in which has been adduced evidence obtained directly during the detention of any persons pursuant to detention warrants granted on applications by constables or (as the case may require) officers of Customs, and the results of those prosecutions.

• (f) the number of rub-down searches and strip searches undertaken by constables or Customs officers under section 13EA.

(1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any constable to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that—

• (a) a person has committed, or is committing, or is about to commit, a drug dealing offence; and

• (b) it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant.

(2) Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing, and on oath, and shall set out the following particulars:

• (a) the facts relied upon to show that there are reasonable grounds for believing that a person has committed, or is committing, or is about to commit, a drug dealing offence; and

• (b) a description of the manner in which it is proposed to intercept private communications; and

• (c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the Police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; and

• (d) the period for which a warrant is requested; and

• (e) whichever of the following is applicable:

  • (i) the other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or

  • (ii) the reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or

  • (iii) the reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications.

(1) On an application made to him in accordance with section 14, the Judge may grant an interception warrant if he is satisfied that it would be in the best interests of the administration of justice to do so, and that—

• (a) there are reasonable grounds for believing that a person has committed, or is committing, or is about to commit a drug dealing offence; and

• (b) there are reasonable grounds for believing that evidence relevant to the investigation of the offence will be obtained through the use of an interception device to intercept private communications; and

• (c) whichever of the following is applicable:

  • (i) other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; or

  • (ii) other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or

  • (iii) the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

• (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and his client.

(2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, under the warrant, of private communications.

(1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any Police employee to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that—

• (a) any member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, a prescribed cannabis offence; and

• (b) the prescribed cannabis offence involves dealing in cannabis on a substantial scale; and

• (c) it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant.

(2) Every application under subsection (1) must be made by a constable who is of or above the level of position of inspector, in writing, and on oath, and must set out the following particulars:

• (a) the facts relied upon to show that there are reasonable grounds for believing that—

  • (i) there is an organised criminal enterprise; and

  • (ii) any member of that enterprise is planning, participating in, or committing, or has planned, participated in, or committed, a prescribed cannabis offence; and

  • (iii) the prescribed cannabis offence involves dealing in cannabis on a substantial scale; and

• (b) a description of the manner in which it is proposed to intercept private communications; and

• (c) the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the Police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and

• (d) the period for which a warrant is requested; and

• (e) whichever of the following is applicable:

  • (i) the other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or

  • (ii) the reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; or

  • (iii) the reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications.

(1) On an application made in accordance with section 15A, the Judge may grant an interception warrant if the Judge is satisfied that it would be in the best interests of the administration of justice to do so, and that—

• (a) there are reasonable grounds for believing that—

  • (i) there is an organised criminal enterprise; and

  • (ii) any member of that enterprise is planning, participating in, or committing, or has planned, participated in, or committed, a prescribed cannabis offence; and

  • (iii) the prescribed cannabis offence involves dealing in cannabis on a substantial scale; and

• (b) there are reasonable grounds for believing that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and

• (c) whichever of the following is applicable:

  • (i) other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; or

  • (ii) other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case or are likely to be too dangerous to adopt in the particular case; or

  • (iii) the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

• (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client.

(2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, under the warrant, of private communications.

(1) Every interception warrant shall be issued in the prescribed form, and shall—

• (a) state the offence in respect of which the warrant is granted; and

• (b) state,—

  • (i) in the case of a warrant granted under section 15, the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect’s name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; or

  • (ii) in the case of a warrant granted under section 15B, the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect’s name and address are not known, the premises, place, thing, or type of facility in respect of which private communications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and

• (c) specify the constable who is of or above the level of position of inspector who (with any other Police employee or officer of Customs for the time being assisting him) may intercept the private communications; and

• (d) where the Judge considers it necessary, contain express authority to enter (with force, where necessary) any craft, carriage, vehicle, or premises for the purpose of placing, servicing, or retrieving an interception device; and

• (e) contain such additional terms and conditions as the Judge considers advisable in the public interest.

(2) Without limiting subsection (1), where it is proposed to place an interception device in the residential or business premises of a person who is a barrister or solicitor, or a clergyman, or a medical practitioner, the Judge shall prescribe such conditions (if any) as he considers desirable to avoid so far as practicable the interception of communications of a professional character to which the barrister or solicitor or clergyman or medical practitioner is a party.

(3) Every interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the warrant.

Every interception warrant shall have effect, according to its terms, to authorise the interception of private communications by means of an interception device.

(1) Any Judge of the High Court may from time to time grant a renewal of an interception warrant upon application made to him at any time before the warrant (or any current renewal thereof) has expired.

(2) Every application for the renewal of an interception warrant shall be made in the manner provided by section 14 or, as the case requires, section 15A, and shall give—

• (a) the reason and period for which the renewal is required; and

• (b) full particulars, together with times and dates, of any interceptions made or attempted under the warrant, and an indication of the nature of the information that has been obtained by every such interception.

(3) Every such application shall be supported by such other information as the Judge may require.

(4) A renewal of an interception warrant may be granted under this section if the Judge is satisfied that the circumstances described in section 15 or, as the case requires, section 15B still obtain.

(5) Every renewal of an interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the renewal.

(6) A renewal of an interception warrant may be granted upon an application made within the time prescribed by subsection (1) notwithstanding that the warrant (or any renewal thereof) has expired before the application is determined.

(7) Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of an interception warrant upon an application duly made to him.

(1) In any case where a Judge is satisfied that circumstances exist that would justify the grant of an interception warrant under section 15 or, as the case requires, section 15B, but the urgency of the situation requires that the interception should begin before a warrant could with all practicable diligence be obtained, the Judge may, orally or in writing, grant an emergency permit for the interception of private communications in respect of particular premises or a particular place or a particular thing or a particular type of facility and in a particular manner.

(2) [Repealed]

(3) Any application for an emergency permit may be made orally, but otherwise every such application shall comply with the requirements of section 14 or, as the case requires, section 15A.

(4) Where the Judge grants the application for an emergency permit, he shall forthwith make a note in writing of the particulars of the application. The note shall be filed in the High Court Registry nearest to where the application is made, and shall, for the purposes of section 20(1), be deemed to be a document relating to the application for the permit. The Judge shall also make a note of the terms of the permit.

(5) The provisions of section 16, so far as they are applicable and with the necessary modifications, shall apply to emergency permits in the same manner as they apply to interception warrants.

(6) Every emergency permit shall remain valid for 48 hours from the time when it is given, and shall then expire.

(7) On filing the report required by section 28, the constable who applied for the emergency permit (or, if he is not the constable filing the report, then that constable) may apply to the Judge who granted the permit (or, if he is not the Judge receiving the report, then that Judge) for a certificate confirming the permit pursuant to subsection (9).

(8) Where the Police, within the period of 48 hours during which the emergency permit is valid, apply for an interception warrant in place of the permit, the constable applying for the warrant may also apply for a certificate confirming the permit pursuant to subsection (9).

(9) The Judge to whom an application is made pursuant to subsection (7) or subsection (8) shall issue a certificate confirming the permit if he is satisfied, having regard to the requirements of section 15 or, as the case requires, section 15B, that if the original application for the emergency permit had been an application for an interception warrant, he would have granted a warrant.

(10) For the purposes of section 25, an interception of a private communication pursuant to an emergency permit shall be deemed to have been made unlawfully unless the Judge to whom an application is made in accordance with subsection (7) or subsection (8) issues a certificate confirming the permit pursuant to subsection (9).

(1) As soon as an application for an interception warrant or for a renewal of an interception warrant or for an emergency permit or for a certificate confirming an emergency permit has been determined by the Judge, the Registrar shall place all documents relating to the application (except the warrant or renewal or permit or certificate itself) in a packet, seal the packet, and thereafter keep it in safe custody, subject to the succeeding provisions of this section.

(2) Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, no such party shall be entitled to demand the production of any documents held in safe custody pursuant to subsection (1), except in accordance with the succeeding provisions of this section.

(3) Every such party who requires the production of any document held in safe custody pursuant to subsection (1) shall, except in a case to which subsection (9) or subsection (10) applies, apply in writing to the Registrar, who shall forthwith notify the senior constable in the district.

(4) If, within 3 days after notice is given to the senior constable in the district under subsection (3), that constable gives written notice to the Registrar that he intends to oppose the production of the documents, the Registrar shall refer the matter to a Judge.

(5) Where the senior constable in the district does not give written notice to the Registrar as aforesaid, the Registrar shall produce the documents to the party applying for production.

(6) Where a matter is referred to a Judge pursuant to subsection (4), both the person requesting production of the documents and the constable opposing production shall be given an opportunity to be heard.

(7) If the Judge is satisfied that information in any document the production of which is in dispute identifies or is likely to lead to the identification of a person who gave information to the Police, or of any Police employee whose identity was concealed for the purpose of any relevant investigation and has not been subsequently revealed, he may, if he believes it in the public interest to do so, order that the whole or any specified part of the document be not produced.

(8) Subject to the provisions of subsection (7), the Judge shall order the production of the documents to the party requesting it.

(9) Where a request for the production of any document kept in safe custody pursuant to subsection (1) is made in the course of any proceedings presided over by a Judge and the request is opposed, the Judge shall adjudicate upon the matter as if it had been referred to him pursuant to subsection (4).

(10) Where such a request is made in the course of any other proceedings, the presiding judicial officer shall forthwith refer the matter to a Judge for adjudication as aforesaid.

(11) Notwithstanding anything in this section, every Judge or District Court Judge who is presiding over any proceedings in which the issue of an interception warrant or emergency permit is in issue shall be entitled to inspect any relevant document held under subsection (1).

(1) Every person who intercepts a private communication in pursuance of an interception warrant or any emergency permit must, as soon as practicable after it has been made, destroy any record, whether written or otherwise, of the information obtained by that interception if none of the information directly or indirectly relates to—

• (a) the commission of a drug dealing offence or a prescribed cannabis offence; or

• (b) the commission of a specified offence or a serious violent offence (as those terms are defined in section 312A of the Crimes Act 1961), or a conspiracy to commit such an offence.

(2) Every person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $500.

(1) The Commissioner of Police must ensure that every record, whether written or otherwise, of the information obtained by the Police from the interception of a private communication in pursuance of an interception warrant or an emergency permit, being information that relates wholly or partly and directly or indirectly to—

• (a) the commission of a drug dealing offence or a prescribed cannabis offence; or

• (b) the commission of a specified offence or a serious violent offence (as those terms are defined in section 312A of the Crimes Act 1961), or a conspiracy to commit such an offence,—

is destroyed as soon as it appears that no proceedings, or no further proceedings, will be taken in which the information would be likely to be required to be produced in evidence.

(2) Nothing in subsection (1) shall apply to—

• (a) any record of any information adduced in proceedings in any court, or (in any case where the defendant pleads guilty) of any record of any information that, in the opinion of the Judge to whom the report referred to in subsection (3) is made, would have been adduced had the matter come to trial:

• (b) any record of any information contained in any transcript or written statement given to any person in accordance with section 24(a).

(3) Every report made to a Judge in accordance with section 28 shall state whether or not subsection (1) has yet been complied with, and, if it has not, the Judge shall give such directions relating to the eventual destruction of the record as he thinks necessary to ensure compliance with that subsection, including a requirement that he be advised when the record has been destroyed.

(1) No person who—

• (a) intercepts or assists in the interception of a private communication in pursuance of an interception warrant or emergency permit; or

• (b) acquires knowledge of a private communication as a direct or indirect result of that interception—

shall knowingly disclose the substance, meaning, or purport of that communication, or any part of that communication, otherwise than in the performance of his duty.

(2) Every person who acts in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $500.

Particulars of a private communication intercepted pursuant to an interception warrant or an emergency permit shall not be received in evidence by any court against any person unless the party intending to adduce it has given to that person reasonable notice of his intention to do so, together with—

• (a) a transcript of the private communication where he intends to adduce it in the form of a recording, or a written statement setting forth the full particulars of the private communication where he intends to adduce oral evidence of it; and

• (b) a statement of the time, place (if known), and date of the private communication, and of the names and addresses of the parties to the communication, if they are known.

(1) Subject to subsections (2) to (4), where a private communication intercepted by means of an interception device otherwise than in pursuance of an interception warrant or emergency permit issued under this Act or of any authority conferred by or under any other enactment has come to the knowledge of a person as a direct or indirect result of that interception or its disclosure, no evidence so acquired of that communication, or of its substance, meaning, or purport, and no other evidence obtained as a direct or indirect result of the interception or disclosure of that communication, shall be given against any person, except in proceedings relating to the unlawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted in that manner.

(2) Even though certain evidence is inadmissible in criminal proceedings by virtue of subsection (1), a court may admit that evidence if the following conditions are satisfied:

• (a) the proceedings are for—

  • (i) a drug dealing offence; or

  • (ii) a prescribed cannabis offence; and

• (b) the evidence is relevant; and

• (c) the evidence is inadmissible by virtue of subsection (1) merely because of a defect in form, or an irregularity in procedure, in—

  • (i) the application for or the granting of the interception warrant or emergency permit; or

  • (ii) the manner in which the evidence was obtained; and

• (d) the defect in form or irregularity in procedure—

  • (i) was not substantive; and

  • (ii) was not the result of bad faith.

(3) Subsection (1) shall not render inadmissible against any party to a private communication evidence of that communication that has, in the manner referred to in that subsection, come to the knowledge of the person called to give evidence, if all the parties to the communication consent to that person giving the evidence.

(4) Subsection (1) shall not render inadmissible evidence of a private communication by any person who intercepted that communication by means of an interception device with the prior consent of any party to the communication.

(1) Even if the communication was intercepted under an interception warrant or an emergency permit, evidence of a private communication intercepted by means of an interception device, or of its substance, meaning, or purport, may not be given in any court unless the evidence relates to—

• (a) a specified offence; or

• (b) a conspiracy to commit a specified offence; or

• (c) a terrorist offence; or

• (d) a conspiracy to commit a terrorist offence; or

• (e) a serious violent offence; or

• (f) a conspiracy to commit a serious violent offence; or

• (g) a drug dealing offence; or

• (h) a prescribed cannabis offence; or

• (i) offences of 2 or more of those kinds.

(2) In subsection (1), serious violent offence, specified offence, and terrorist offence have the meanings given to those terms by section 312A of the Crimes Act 1961.

Where evidence obtained by the interception of a private communication would, but for the interception, have been privileged by virtue of—

• (a) any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980; or

• (b) any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and his client,—

such evidence shall remain privileged and shall not be given in any court, except with the consent of the person entitled to waive that privilege.

(1) As soon as practicable after an interception warrant or an emergency permit has expired, the constable who applied for it, or (if he is unable to act) another constable who is of or above the level of position of inspector, shall make a written report to the Judge who granted the warrant or permit, or (if he is unable to act) to another Judge, on the manner in which the power conferred by the warrant or permit has been exercised and the results obtained by the exercise of that power.

(2) Notwithstanding anything in section 20, the Judge who receives a report under subsection (1) shall be entitled to inspect any relevant document held under subsection (1) of that section.

(3) Without limiting the generality of subsection (1), every report made for the purposes of that subsection shall contain the following information:

• (a) where the interception device was placed:

• (b) the number of interceptions made by means of the interception device:

• (c) whether any relevant evidence was obtained by means of the interception device:

• (d) whether any relevant evidence has been, or is intended to be, used in any criminal proceedings:

• (e) whether any records of a private communication intercepted pursuant to the warrant or permit have been destroyed in accordance with section 21 or section 22, and, if not, why they have not been destroyed:

• (f) whether the interception device has been retrieved, and, if not, why it has not been retrieved.

(4) On receiving a report under this section, the Judge may require such further information relating to the matter as he thinks fit, and (in addition to any directions he gives for the purposes of section 22(3)) he may give such directions as he thinks desirable, whether relating to the retrieval of the interception device, or otherwise.

The Commissioner of Police must include in every annual report prepared by the Commissioner for the purposes of section 101 of the Policing Act 2008 the following information in respect of the period under review:

• (a) the number of applications for warrants made under section 14; and

• (b) the number of applications for warrants made under section 15A; and

• (c) the number of applications for renewals of warrants made under section 18; and

• (d) the number of applications for emergency permits made under section 19; and

• (e) the number of applications referred to in each of paragraphs (a) to (d) that were granted, and the number that were refused; and

• (f) in relation to each of the types of warrant referred to in paragraphs (a) and (b) that were issued,—

  • (i) the number of warrants that authorised the use of an interception device to intercept the private communications of a named individual:

  • (ii) the number of warrants that authorised the use of an interception device to intercept private communications at specified premises or a specified place:

  • (iii) the number of warrants that authorised entry onto private premises; and

• (g) the number of occasions on which telephonic communications were intercepted under an emergency permit granted under section 19; and

• (h) the average duration of warrants (including renewals); and

• (i) the number of prosecutions that have been instituted in which evidence obtained directly or indirectly from an interception carried out pursuant to a warrant or permit has been adduced, and the result of those prosecutions; and

• (j) the number of prosecutions that have been instituted against constables (including former constables where the prosecution relates to behaviour occurring while they were constables) for offences against section 23 (prohibition on disclosure of private communications lawfully intercepted).

In any case where any person is convicted of a drug dealing offence and the court by which he is convicted is satisfied on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from the offence, the court may, having regard to the amount of such money or the value of such assets, impose a fine greater than it would otherwise have imposed on the offender for the offence.

(1) In any case where any person is convicted of a drug dealing offence (in this section referred to as the primary offence) and the court by which he is convicted is, on the application of the Crown,—

• (a) satisfied beyond reasonable doubt that, before the commission of the primary offence, the offender had engaged in any conduct (other than conduct that constituted the primary offence) that constitutes a drug dealing offence; and

• (b) satisfied on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from such conduct,—

the court may, having regard to the amount of such money or the value of such assets, impose a fine greater than it would otherwise have imposed on the offender for the primary offence.

(2) Where the prosecutor intends to seek leave to adduce evidence of the matters referred to in subsection (1), he shall give written notice of his intention and of the particulars of the evidence to be adduced to the court and to the defendant as soon as practicable after the conviction is entered, and in any event not later than 5 days before the date set for sentencing.

(3) Notwithstanding anything in subsection (2), where the court is satisfied that the information on which such an application for the exercise of the court’s powers could be based has come into the prosecutor’s hands too late for him to give 5 days’ notice as required by that subsection, the court may allow the prosecutor to give such shorter notice as may be necessary in the circumstances, but shall, if requested to do so by the defendant, postpone sentencing to a date not earlier than 5 days after the prosecutor gives such notice.

(1) The power conferred by section 39(1) shall not be exercised by any court—

• (a) in respect of any conduct in relation to which the defendant has been charged with a drug dealing offence but acquitted of that charge:

• (b) in respect of any money or assets in relation to which the power has been previously exercised by any court.

(2) The powers conferred by sections 38 and 39(1) shall not be exercised by any District Court so as to impose a fine greater than the maximum prescribed by section 6(3) of the principal Act.

(1) Where, in any case to which section 38 applies, the offender fails to explain to the court’s satisfaction the source of any money or assets owned by him, the court may accept that as evidence that the money or assets was or were derived by the offender from the offence.

(2) Where, on any application for the exercise of the court’s power under section 39, the court is satisfied in accordance with subsection (1)(a) of that section that the offender has committed any previous drug dealing offence, and the offender fails to explain to the court’s satisfaction the source of any money or assets owned by him, the court may accept that as evidence that the money or assets was or were derived by the offender from that previous drug dealing offence.

Where, in any case to which section 38 or section 39 applies, it appears to the court that any disposition of money or assets has been made, whether for value or not, by or on behalf of or by direction of or in the interests of the defendant to defeat the exercise of the court’s power under those sections, the court may, on the application of the prosecutor or of its own motion, treat the money or assets as belonging to the offender for the purposes of those sections.

(1) Where the court sentences an offender on conviction on indictment of a drug dealing offence to pay a fine and that fine is not paid within 14 days thereafter, or within such further time as may be allowed or fixed for the payment thereof, the following provisions shall apply:

• (a) the Registrar shall inquire into the means of the offender, and shall—

  • (i) where the offender is detained in a prison, issue a warrant to produce the offender; or

  • (ii) issue a summons requiring the offender, unless he sooner pays the amount outstanding under the conviction, to appear at the time and place appointed in the summons; or

  • (iii) if in the opinion of the Registrar a warrant is necessary to compel the attendance of the defendant, issue a warrant to arrest him and bring him before the court—

  to enable the offender to be orally examined as to his means:

• (b) [Repealed]

• (c) in addition to the powers conferred on the Registrar by this section, the Registrar may issue a warrant for the production of any prisoner (other than the offender) of a prison whom he believes may be able to furnish him with any relevant information:

• (d) on completion of his inquiry, the Registrar shall make a report as to the offender’s means, so far as he has been able to ascertain them, to the Judge who imposed the fine or, if that Judge is unable to act, any other Judge:

• (e) the Judge to whom a report is made under paragraph (d) shall consider the report, and may make such order as he thinks fit, including an order—

  • (i) for the remission of either the whole or part of the fine; or

  • (ii) for the issue of a writ of sale; or

  • (iii) for the immediate imprisonment of the offender; or

  • (iv) allowing time for payment or allowing payment by instalments:

• (f) for the purposes of sections 19E and 19F of the Crimes Act 1961, any order made by a Judge under paragraph (e) shall be deemed to have been made under section 19D of that Act:

• (g) any money or assets treated as the offender’s pursuant to section 42 shall be deemed to be property of the offender and amenable as such to any order of the Judge under paragraph (e).

(2) In this section and section 46, Registrar—

• (a) means any Registrar of the High Court or of the District Court; and

• (b) includes any Deputy Registrar.

Where any District Court sentences an offender on conviction of a drug dealing offence to pay a fine the following provisions shall apply:

• (a) Part 3 of the Summary Proceedings Act 1957 (with any necessary modifications):

• (b) in addition to the powers conferred on the Registrar by Part 3 of the Summary Proceedings Act 1957, the Registrar may issue a warrant for the production of any prisoner (other than the offender) of a prison whom he believes may be able to furnish him with any relevant information:

• (c) any money or assets treated as the offender’s pursuant to section 42 shall be deemed to be the property of the offender and amenable as such to any order of the court or the Registrar under any of the provisions of Part 3 of the Summary Proceedings Act 1957.

Where any District Court sentences an offender on conviction of a drug dealing offence to pay a fine and the Registrar of that court is satisfied that payment of that fine may be more effectively enforced in the High Court, he may file a certificate to that effect under his hand in that court, containing full particulars of the conviction and the amount of the fine, and thereafter payment of the fine shall be enforced as if the fine had been imposed in the High Court.

(1) For the purpose of enforcing the payment of any fine imposed by any court on conviction of an offender of a drug dealing offence, a sum that stands to the credit of the offender with any person (including a bank or savings bank) and that is on deposit with that person or is held by him in a current or other account (including a deposit account) shall be deemed to be a sum due or accruing to the Registrar enforcing the fine and shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the deposit or account, that is to say—

• (a) any condition that notice is required before any money is withdrawn:

• (b) any condition that a demand for payment must be made:

• (c) any condition that a personal application must be made before any money is withdrawn:

• (d) any other condition (other than a condition that a deposit book, receipt for money deposited, or other like document must be produced before any money is withdrawn)—

has not been satisfied.

(2) In exercising his powers under section 43 or sections 19 to 19E of the Crimes Act 1961 or, as the case may require, under Part 3 of the Summary Proceedings Act 1957, the Registrar may require any person who has in his possession or knows the whereabouts of any deposit book, receipt for money deposited, or other like document relating to the deposit or account of the offender to deliver that book, receipt, or document to the court or to disclose its whereabouts to the court, as the case may require; and for that purpose the Registrar may summon any such person to appear before him at such time and place as he may specify, or issue a warrant for the arrest of that person so that he may be brought before the Registrar.

(3) In this section the term savings bank includes the Post Office Savings Bank, a trustee savings bank established under the Trustee Savings Banks Act 1948, and a private savings bank established under the Private Savings Banks Act 1964.

This Part shall be administered by the Ministry of Justice.