Summary of Controlled Deliveries

Question 1

Summary of Controlled Deliveries

Answer 1

• Controlled delivery operations are conducted pursuant to Section 12 of the Misuse of Drugs Amendment Act 1978 and are used when illicit drugs are detected entering the country in an effort to identify those responsible for the importation and to secure sufficient evidence for a prosecution.
• Not all controlled drugs are covered by the emergency powers contained in sections 19 to 24 of the Search and Surveillance Act 2012. It is important to know which controlled drugs are covered by these powers.
• In addition to emergency powers contained in sections 19 to 24 of the Search and Surveillance Act 2012 there are also emergency powers specifically for controlled delivery situations. These emergency powers are contained in Section 81 of the Search and Surveillance Act 2012.
• Provisions for using tracking devices are contained in section 46 of the Search and Surveillance Act 2012.
• Section 23 of the Search and Surveillance Act 2012 relates to conducting internal searches of people believed to be concealing drugs internally. These people must be under arrest for specific offences under section 6, 7 or 11 of MODA 1975, in relation to Class A, B and C controlled drugs.
• Section 13A of the Misuse of Drugs Amendment Act 1978 is for dealing with people believed to be concealing class A or B controlled drugs internally, who are not under arrest.