ACT Policing - Special Purposes Annual Report 2022-23

Letter of transmittal signed by Deputy Commissioner Neil Gaughan APM – Chief Police Officer for the ACT.

Contents

1 Controlled Operations

Overview of ACT Policing Controlled Operations records 2022–23

Number of standard authorities granted 1
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 0
Number of controlled operations conducted in the ACT and one or more other jurisdictions 1
Number of controlled operations conducted in one or more participating jurisdictions 0

Authorities issued by authorising officers of ACT Policing 2022–23

Standard Controlled Operation Number: 2022–23/01

Application authorised or refused On 14 July 2022, Acting Assistant Commissioner Joanne CAMERON, 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 Unauthorised possession or use of firearms other than prohibited firearms, pursuant to section 43(1) (a)(ii) of the Firearms Act 1996 (ACT), punishable by imprisonment for 7 years.

 

Unauthorised possession or use of prohibited firearms, pursuant to section 42(1)(a)(ii) of the Firearms Act 1996 (ACT), punishable by imprisonment for 14 years.

Amendment of controlled operation authority Nil
Revocation or expiry date of controlled operation authority The Controlled Operation expired on 13 August 2022.
Period the authority was in force 1 month
Nature of controlled conduct engaged in for the purposes of the authorised operations Excluded from publication pursuant to section 28(5) of the Crimes (Controlled Operations) Act 2008 (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 evidential material was obtained as a result of the Controlled Operation.
Arrests/Prosecutions Nil

Authorities issued by authorising officers of the ACT in 2021–22, for which operations concluded in the 2022–23 reporting period

Nil

2 Surveillance Devices

Overview of ACT Policing surveillance device records 2022–23

Number of surveillance device applications for Data Surveillance Devices 4
Number of surveillance device warrants issued for Data Surveillance Devices 4
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 4
Number of surveillance device warrants issued for Listening Devices 4
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 4
Number of surveillance device warrants issued for Optical Surveillance Devices 4
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 3
Number of surveillance device warrants issued for Tracking Devices 3
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 0
Number of surveillance device Retrieval Warrants issued 0
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 applications1 1
Total number of surveillance device extensions granted 1
Total number of surveillance device extension applications refused 0
Total number of arrests on the basis of surveillance device information 0
Total number of prosecutions commenced using surveillance device information2 0
  • 1 Investigations were ongoing and the requirement for the device/s remained ongoing.
  • 2 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 2022–23

Number of applications for examination orders 2
Number of people given examination notices 21
Number of investigations to which the notices related 1
Number of examinations conducted 17
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 0
Number of legal proceedings (excluding criminal charges) in relation to examination notices finalised 0
Number of confiscation proceedings begun during the year in relation to matters for which an examination has been given to a person 0
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 0
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 2022–23

Standard Examination Order Number: ACTEO/01/22–23

Date of examination order 7 July 2022
Application authorised or refused Authorised
Authorising Officer Justice David MOSSOP
Number of examination notices given 21
Number of examinations conducted 12
Number and kind of confiscation proceedings begun post examination 0
Estimated value of property restrained or confiscated post examination Nil restrained
Charges laid 0
Arrests made 0
Outcome Investigation remains ongoing

Standard Examination Order Number: ACTEO/02/22–23

Date of examination order 31 March 2023
Application authorised or refused Authorised
Authorising Officer Justice David MOSSOP
Number of examination notices given 9
Number of examinations conducted 5
Number and kind of confiscation proceedings begun post examination 0
Estimated value of property restrained or confiscated post examination Nil restrained
Charges laid 0
Arrests made 0
Outcome Investigation remains ongoing

Examination notices issued in 2022–23, which arose from examination orders granted in 2021–22

Nil

4 Assumed Identities

Overview of assumed identity authorisations 2022–23

Number of authorities granted 03
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 2022–23.

  • 3 This does not include any authorisations that may have been granted under corresponding laws, including Commonwealth legislation.

5 Protection of Witness Identity

Overview of assumed witness identity protection certificates 2022–23

Number of witness identity protection certificates 04
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
  • 4 This does not include any witness identity protection certifications that may have been granted under corresponding laws, including Commonwealth legislation.

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