The Annual Report on Controlled Operations under section 15T of the Crimes Act 1914 represents the Government's ongoing commitment to the responsible use of police powers and resources in combating serious and organised crime. This report is an important contribution to the public accountability requirements of Part 1AB of the Crimes Act. Controlled operations are carried out within a legal framework that balances the need for operational confidentiality with the need to ensure that the power to conduct such operations is subject to appropriate public accountability.
Changes to extend the scope of controlled operations provisions as part of the Measures to Combat Serious and Organised Crime Act 2001 provided further powers to disrupt the activities of organised crime syndicates, including a greater range of serious transnational criminal offences.
As criminal groups may seek to recruit law enforcement officers to their cause, this measure seeks to ensure that, with ACLEI's assistance. Autstralia's law enforcement agencies remain hostile to corruption and effective in combating organised crime.
Changes to extend the scope of controlled operations provisions as part of the Measures to Combat Serious and Organised Crime Act 2001 provided greater opportunities not only to disrupt the activities of organised crime syndicates, but also to successfully prosecute a greater range of serious transnational criminal offences.
The thirteenth Annual Report on Controlled Operations highlights this by reporting on a number of operations targeted against serious criminal activity including the importation of drugs, counter terrorism, money laundering and sexual servitude. Controlled operations are being undertaken in a concerted effort to gain evidence to prosecute the offenders of serious crimes such as these and to seize the proceeds of crimes in order to further disrupt illicit activities.
This year has seen continued success with an Australian Federal Police (AFP) operation of note involving the arrest of three people regarding the importation of 80kg of methamphetamine.
Controlled operations authorised under the Act provided significant support to Australian Crime Commission (ACC) investigations during the period complementing other investigative strategies through the collection of evidence which has led to significant drugs seizures and arrests by the ACC and partner agencies. In addition, information collected has led to the development of unique intelligence on the nature and methods employed by serious and organised crime especially drug trafficking and money laundering and facilitated enhanced policy and law enforcement responses. A number of prosecutions for serious offences have commenced as a result. More detailed reporting on those matters will be undertaken in future reports when the operational sensitivities for these long term jobs have subsided.
The controlled operations set out in this report have occurred Australia wide and represent a significant disruption to the activities of organised crime syndicates, demonstrating that Australia is not an easy target for serious crime.
Such successes are indicative of the commitment of law enforcement agencies such as the AFP and the ACC to disrupt and prevent serious criminal activity.
Brendan O'Connor
Minister for Home Affairs
In September 2001, Parliament passed legislation to extend the scope of controlled operations provisions to enable operations against a broader range of criminal activity subject to appropriate limitations, review and accountability measures. This legislation was passed as part of the Measures to Combat Serious and Organised Crime Act 2001 and is enacted through the Crimes Act.
Controlled operations can be undertaken with respect to any serious Commonwealth offence or serious State offence that has a federal aspect.
A controlled operation is defined as one that:
A serious Commonwealth offence means an offence against a law of the Commonwealth:
A serious State offence that has a federal aspect means a State offence that has a federal aspect and that has the characteristics of a serious Commonwealth offence.
The Act provides immunity from criminal liability and indemnity from civil liability for law enforcement officers and certain other persons who take an active part in or are otherwise involved in the commission of a Commonwealth, State or Territory offence during the course of an authorised operation, so long as the conduct does not involve the commission of a sexual assault against a person or an offence involving the death of, or serious injury to a person.
If a controlled operation certificate is in force, a law enforcement officer who engages in conduct, that would otherwise constitute a Commonwealth offence or an offence against a law of a State or Territory, in the course of duty for the purposes of the controlled operation, is not criminally responsible for that offence. This is provided where the conduct of the officer does not involve intentionally inducing a person to commit a Commonwealth offence or an offence against a law of the State or Territory, which that person would not otherwise have intended to commit. In circumstances similar to these, immunity from criminal liability is also provided for a person other than a law enforcement officer.
A law enforcement officer means any of the following:
Certificates authorising controlled operations have been issued for the purpose of obtaining evidence that may lead to the prosecution of a person subject to the requirements of Part 1AB section 15M that:
If the operation relates to investigating a serious Commonwealth offence, the investigation of which is within the functions of the ACC, a controlled operation can be authorised by any ACC authorising officer.
If the operation relates to the investigation of a corruption issue (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) concerning conduct that involves a serious Commonwealth offence, a controlled operation can be authorised by any ACLEI authorising officer.
For the AFP there are two categories of controlled operations: a controlled operation and a major controlled operation. AFP controlled operations can be authorised by senior executive officers, who are members of the AFP and are authorised in writing by the Commissioner. Major controlled operations can only be authorised by the Commissioner or the Deputy Commissioner.
A major controlled operation is defined at section 15J(2A) of the Crimes Act as a controlled operation that is likely to:
Under section 15L, urgent applications for a controlled operation certificate may be made if the applicant has reason to believe that the delay caused by making an application that complies with section 15K may affect the success of the operation.
The form and content of a controlled operation certificate is stipulated at section 15N of the Crimes Act. The requirements include such matters as the name of the applicant, certain information relevant to the illicit goods, the nature of the activities covered, the identification of any non-law enforcement officers involved in the operation and any conditions to which an operation is subject.
A controlled operation certificate may remain in force for six months from the day on which it was given. A certificate given for a period longer than three months is deemed to have expired at the end of three months from the date it was given, unless, within the last two weeks of the period of three months, a nominated member of the Administrative Appeals Tribunal reviews the certificate and decides that it should remain in force for the specified period.
An Australian law enforcement officer may apply to an appropriate authorising officer for variation of a controlled operation certificate.
The authorising officer may vary the certificate if he or she is reasonably satisfied that the variation is necessary for:
An authorising officer may terminate a controlled operations certificate by providing written notification to the officer in charge of the operation. The notification must specify the time when the notification takes effect.
The Commissioner of the AFP, the Integrity Commissioner and the Chief Executive Officer of the ACC must, within two weeks after the end of each quarter, give to the Minister a report informing the Minister of certain occurrences during that quarter.
The report must inform the Minister of each decision to grant or refuse an application for a controlled operation, each variation, review, surrender or termination of a certificate, and any certificate that is still in force at the end of the quarter.
Under the revised section 15T of the Crimes Act, the Minister must lay before each House of the Parliament, not later than the first sitting day of that House after 1 October each year, a report on controlled operations. Details to be provided include: the date on which the application was made; the decision taken about the application; the reasons for that decision; and the information in reports given to the Minister under section 15R during that financial year. The report is not to include information about any person (including the person’s name) that has not already been published about that person.
Within two weeks after the end of each quarter, the Commissioner of the AFP, the Integrity Commissioner and the Chief Executive Officer of the ACC must provide to the Ombudsman a copy of the report given to the Minister under section 15R for that quarter.
The Ombudsman may require the Commissioner, Integrity Commissioner or the Chief Executive Officer of the ACC to furnish additional information about the decisions concerning controlled operations.
The Ombudsman is also required to inspect the records of the AFP, the ACLEI and the ACC in relation to controlled operations at least once every 12 months, and may inspect these records at any time to ascertain whether the requirements of the Act are being complied with.
The Ombudsman must also prepare a report of his or her work and activities in relation to controlled operations during the preceding 12 months. This report is to be given to the President of the Senate and the Speaker of the House of Representatives for presentation to the Senate and the House of Representatives, respectively.
The report must include, for the AFP, ACLEI and ACC, comments as to the comprehensiveness and adequacy of the reports, which were provided to the Parliament by the AFP and ACC.
Subsection 15T(3) of the Crimes Act prohibits the inclusion in the annual report of any information about a person (including the person’s name) that has not already been published about the person.
If, on information given by the Commissioner, Integrity Commissioner or the Chief Executive Officer of the ACC, the Minister is of the view that it is likely that the inclusion of any information in the report may endanger the safety of a person or prejudice an investigation or prosecution, the Minister must exclude the information from the report under subsection 15T(4) of the Act.
The Minister must then include information excluded under subsection 15T(4) in the first report laid before the Houses of Parliament after the Minister considers that the information will no longer endanger the safety of a person or prejudice the investigation or prosecution.
Based on information received from the Commissioner of the AFP, the Minister formed the view that the inclusion of certain information in relation to AFP operations would prejudice investigations or prosecutions. Accordingly, all information in relation to each of these matters: AFP 2008–09/06; 2008–09/09; 2008–09/12; 2008–09/13; 2008–09/17; 2008–09/24; 2008–09/26; 2008–09/27; 2008–09/30; 2008–09/32; 2008–09/33; 2008–09/35; 2008–09/36; 2008–09/38; 2008–09/46; 2008–09/47; 2008–09/48; 2008–09/51; and all information in relation to previous matters: AFP 2007–08/04; 2007–08/05; 2007–08/13; 2007–08/40; 2007–08/50; 2006–07/07; 2006–07/17; 2006–07/33; 2004–05/03; 2003–04/17; 2003–04/18; 2003–04/25; 2003–04/32; 2003–04/35; 2002–03/01; 2002–03/02; 2001–02/19; 2001–02/38; is fully excluded from this report.
The following matters: AFP 2008–09/01; 2008–09/15; 2008–09/19 and 2008– 09/40 are reported in part in Schedule 1. All matters have information excluded under section 15T(4) and, some matters also have information excluded under section 15T(3).
The following reports are reported in part in Schedule 2 with information excluded under subsections 15T(3) and/or (4) of the Act: ACC2007–08/10, 13–15 and ACC 2008–09/1, 2, 4–11, 13–15 and 17. Note that in relation to ACC2008–09/3, 12 and 16 numbers were allocated to potential applications, however no applications proceeded to an authorised officer for consideration and no authorisations were granted.
AFP 2007–08/44 was fully excluded from the previous annual report. This matter is now reported in part in Schedule 3. This matter has information excluded under sections 15T(3) and 15T(4).
The following matters: AFP 2007–08/54; 2006–07/08; 2006–07/23; 2005–06/06; 2005–06/10; 2005–06/14; 2005–06/18 and 2005–06/21; were fully excluded from a previous annual report. These matters are now reported in part in Schedule 3 with certain information excluded only under section 15T(3).
The following matter: AFF 2007–08/63; had material excluded in part from the previous annual report. Further information in relation to this matter is now reported in Schedule 3 of this report. This matter continues to have information excluded in part under sections 15T(3) and 15T(4).
The following matters: AFP 2007–08/12; 2007–08/14; 2007–08/32; 2007–08/33a; 2007–08/42; 2007–08/49; 2007–08/53; 2007–08/56; 2007–08/58; 2007–08/59; 2007–08/60; 2007–08/61; 2007–08/62; 2007–08/64; 2006–07/01; 2006–07/09; 2006–07/15; 2006–07/16; 2006–07/25; 2006–07/28; 2006–07/29; 2006–07/32; 2005–06/16; 2005–06/20; 2004–05/05; 2004–05/07; 2004–05/08; 2004–05/18; 2004–05/20; 2004–05/21; 2003–04/04; 2003–04/10; 2003–04/14; 2003–04/15; 2003–04/26; 2003–04/36; 2003–04/37; 2002–03/33; 2002–03/48; 2002–03/50; 2002–03/52; 2002–03/55; and 2002– 03/57; had material excluded in part from a previous annual report. Further information in relation to these matters is now reported in Schedule 3 of this report. These matters continue to have information excluded in part under section 15T(3).
The following matters: AFP 2007–08/15; 2007–08/16; 2007–08/33; 2007–08/36; 2007–08/38; 2006–07/12; 2006–07/13; 2005–06/02; 2003–04/09; 2003–04/20; 2003–04/29; 2003–04/38 and 2002–03/11 were excluded in part from previous annual reports. These matters remain unchanged and are therefore not reported in this annual report.
The following matters: ACC SOC 002 (excluded in part from the 2002–03, 2003–04, 2004–05, 2005–06, 2006–07 and 2007–08 annual reports); ACC 2003–04/6, 9, 10, 11, 13, 14, 15 and 19 (excluded in part from the 2003–04, 2004–05, 2005–06, 2006–07 and 2007– 08 annual reports); ACC 2004–05/1, 2, 3, and 6 (excluded in part from the 2004– 05, 2005–06, 2006–07 and 2007–08 annual reports); ACC 2005–06/1 to 12 (excluded in part from the 2005–06, 2006–07 and 2007–08 annual reports); ACC 2006–07/1 to 4 (excluded in part from the 2006–07 annual report) and ACC 2007–08/2–9 and 11–12 (excluded in part from the 2007–08 annual report) remain the subject of partial exclusions and are therefore not reported in this annual report.
There were no exclusions in relation to the reports for ACC 2008–09/17, 20 to 23, however as each of these controlled operations was still active at the end of the period, paragraph 15T(2)(b) and section 15R of the Act only requires partial reporting. These will, subject to exclusions, be reported on in greater detail in the next annual report to Parliament.
| AAT | Administrative Appeals Tribunal |
| ACC | Australian Crime Commission |
| ACLEI | Australian Commission for Law Enforcement Integrity |
| AFP | Australian Federal Police |
| Customs | Australian Customs and Border Protection Service |
| LEA | Law Enforcement Agency |
| MDMA | 3,4-Methylenedioxymethamphetamine |
| UCO | Undercover Operative |
The following notes are used throughout this report:
The illicit goods detailed in this report have not been destroyed, unless the contrary is indicated.
Drugs weights detailed in this report are net weights, unless the contrary is indicated.
A total of 53 applications for certificates authorising controlled operations were made during the 2008–09 reporting year. One application was not issued, 52 applications were approved.
None
3 July 2008
Mandy Newton
The application was made pursuant to section 15K of the Act.
At 5.05pm on 8 July 2008, Mandy Newton, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 January 2009.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed an offence of other acts done in preparation for, or planning, terrorist acts against section 101.6 of the Criminal Code, whether or not the major controlled operation took place.
The offence of other acts on in preparation for, or planning, terrorist acts against section 101.6 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment.
The offence the subject of the major controlled operation involves members of the AFP investigating a person believed to be involved in planning terrorist activities.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons involved would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
UCO’s met and spoke with the target, however no discussions or negotiations were held in relation to acts in preparation for a terrorist attack.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 719122
Further information has been excluded under the provisions of subsection 15T(4)(a) of the Act.
The certificate authorised the engagement by police UCO’s in discussions and negotiations with the target in relation to an offence against section 101.6 of the Criminal Code, namely acts in preparation for a terrorist offence.
No illicit goods were seized as part of the controlled operation.
None
None
3 July 2008
Jamie Strauss
The application was made pursuant to section 15L of the Act.
At 1.50pm (WST) on 3 July 2008, Jamie Strauss, an authorising officer within the meaning of section15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 3 July 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of importing a commercial quantity of a border controlled drug, namely heroin, against section 307.1 of the Criminal Code, whether or not the controlled operation took place.
The offence of importing a commercial quantity of a border controlled drug against section 307.1 of the Criminal Code, is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of imprisonment for life or 7,500 penalty units, or both.
The offence the subject of the controlled operation involves importing approximately 2kg (gross) of heroin secreted inside a suitcase.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
No illegal conduct occurred under the controlled operation certificate.
The following person was listed on the certificate and remained a target at the end of the controlled operation
Person or persons as yet unknown.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a fully substituted package purporting to contain heroin.
| Type | Heroin |
| Weight/Quantity | 2.465kg (net) |
| Current Location | AFP Drugs and Property Registry
Samples have been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From Nepal via Hong Kong to Perth prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Puspa Letchumy Kasinathan Customs Officer Elliott Redknap Federal Agent 5064 Federal Agent 12092 Federal Agent 12020 Federal Agent 4729 AFP Member 11546 AFP Member 10971 |
One target has been charged with drug related offences.
None
8 July 2008
Alan Scott
The application was made pursuant to section 15K of the Act.
At 12.01pm on 8 July 2008, Alan Scott, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 August 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit offences of attempt to import a commercial quantity of a border controlled drug, namely Cocaine, contrary to Sections 11.1 and 307.1(1) of the Criminal Code.
Attempt to import a commercial quantity of a border controlled drug, namely MDMA, also known as ecstasy, contrary to Sections 11.1 and 307.1(1) of the Criminal Code.
Attempt to import a commercial quantity of a border controlled drug, namely methamphetamine (Ice), contrary to Sections 11.1 and 307.1(1) of the Criminal Code.
The offences against sections 11.1 and 307.1 of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of life imprisonment, or 7,500 penalty units, or both in each instance.
The offences subject of the controlled operation involves the importation of a commercial quantity of border controlled drugs, namely cocaine, methamphetamine and MDMA.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A fully substituted container, purporting to contain cocaine, methamphetamine (Ice) and MDMA was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
The following persons were not identified as targets in the original certificate, however were identified throughout the course of the controlled operation:
Manh A Le
Hung Van Luong
Minh Quang Nguyen
Phuong Bich Nguyen
Phoussadeth Phillip Phommalysak
Han Trung Trinh
Angela Cheuk Ying Wee Kwan (Wong)
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted consignment, purporting to contain cocaine, methamphetamine (Ice), and MDMA.
| Type | Methamphetamine, MDMA and cocaine |
| Weight/Quantity | Methamphetamine 21,834.7g (net)
MDMA 6,396.1g (net) Cocaine 29,179.8g (net) |
| Current Location | AFP Drugs and Property Registry
Some cocaine has been retained for training drug detector dogs Bulk has been destroyed |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation the illicit goods travelled from USA to Australia |
| Persons who had possession of the illicit goods | During the course of the controlled operation the following
persons had possession of the illicit goods:
US ICE Special Agent J Matira US Customs and Border Protection Officer Bernadine Atwell Federal Agent 5339 Federal Agent 5219 |
Some targets have been charged with drug related offences.
None
9 July 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 11.00am on 9 July 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 September 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit an offence of conspiracy to import a commercial quantity of a border controlled precursor, namely pseudoephedrine, against sections 307.11 and 11.5 of the Criminal Code, whether or not the controlled operation took place.
The offence of conspiracy to import a commercial quantity of a border controlled precursor, namely pseudoephedrine against sections 307.11 and 11.5 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 5,000 penalty units or both.
The offence the subject of the controlled operation involves the importation of a commercial quantity of a border controlled precursor, namely pseudoephedrine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence the subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A fully substituted delivery of containers, purporting to contain pseudoephedrine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
NSW Crime Commission, Intelligence Analyst 0630806
The certificate authorised the controlled delivery of three consignments purporting to contain pseudoephedrine.
| Type | Pseudoephedrine |
| Weight/Quantity | Approximately 848.7kg (gross) |
| Current Location | AFP Drugs and Property Registry
Samples have been sent to the National Measurements Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation the illicit goods travelled from Thailand to Australia |
| Persons who had had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Customs Officer Alfred Bath Customs Officer Mary-Lee Houghton Customs Officer Greg Milton Federal Agent 18020 Federal Agent 16279 Federal Agent 16947 Federal Agent 4304 Federal Agent 18400 Federal Agent 14977 Federal Agent 18405 Federal Agent 18522 Federal Agent 18349 Federal Agent 5850 Federal Agent 16920 |
Some targets have been charged with drug related offences.
None
18 July 2008
Ray Johnson
The application was made pursuant to section 15K of the Act.
At 12.00pm on 18 July 2008, Ray Johnson, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 18 October 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of using a carriage service for child pornography material against section 474.19 of the Criminal Code whether or not the controlled operation took place.
The offence of using a carriage service for child pornography against section 474.19 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence the subject of the controlled operation involves the possession of an unknown quantity of explicit images depicting child pornography, which occurred prior to the commencement of the controlled operation.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on advice from Norfolk Island Police, the alleged offender on Norfolk Island has made full admissions to accessing and downloading the images depicting child pornography via the internet.
The forensic examination by the AFP will provide the Norfolk Island Police with additional evidence against the alleged offender to present to the court during the prosecution of this matter.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 4.00pm on 26 August 2008, Ray Johnson, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
Importation of evidence alleged to contain images depicting child abuse or child pornography was conducted.
The following person was named as the target on the original certificate and remained a target at the conclusion of the controlled operation:
Phillip James Billman
None
AFP Sergeant 4769
The certificate authorised the importation of images depicting child pornography or child abuse for the purpose of forensic examination.
| Type | Images depicting child pornography or child abuse |
| Weight/Quantity | Not applicable |
| Current Location | AFP Computer Forensics Team, Police Complex, Weston ACT |
| Route through which the illicit goods travelled | During the controlled operation the illicit goods travelled from Norfolk Island via air to Sydney, New South Wales and then on to Canberra ACT |
| Persons who had had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
AFP Sgt 4769, Officer In Charge Norfolk Island Police During the course of the controlled operation the following persons had possession of the illicit goods: AFP Sgt 4769 AFP Member 14783 |
One target has been charged with offences of using a carriage service to access child pornographic images.
None
1 August 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.35pm on 6 August 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 November 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit an offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$1,000,000 or more contrary to section 400.3 of the Criminal Code, whether or not the major controlled operation took place.
The offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$1,000,000 or more, contrary to section 400.3 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 1,500 penalty units or both.
The offence the subject of the major controlled operation involves the exporting of an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic funds transfer out of Australia.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
During the controlled operation, meetings and conversations that related to money laundering were held with suspects.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
DEA UCO 0843592
AFP UCO 0857882
AFP UCO 0879002
Federal Agent 4972
Federal Agent 18401
Federal Agent 15911
The certificate authorised conversations and meetings with syndicate members to negotiate the terms in relation to money laundering.
| Type | Australian Currency |
| Weight/Quantity | AUD$500,000
20 x bundles of 100 x AUD$100 notes Total – AUD$200,000 and 30 x bundles of 200 x AUD$50 notes Total – AUD$300,000 |
| Current Location | US DEA controlled account in Atlanta, Georgia, United States of America |
| Route through which the illicit goods travelled | During the major controlled operation the illicit goods travelled from a target into AFP Custody in Sydney. The AUD$500,000 was then provided to the CBA. The CBA then transferred the AUD$500,000 via international money transfer to US DEA-controlled account in Atlanta, Georgia, USA |
| Persons who had possession of the illicit goods | Prior to the commencement of the major controlled operation
the following persons had possession of the illicit goods:
This information has been excluded under the provisions of subsection 15T(3) of the Act During the course of the major controlled operation the following persons had possession of the illicit goods: AFP UCO 087900 Federal Agent 4972 Federal Agent 18401 Further information has been excluded under the provisions of subsection 15T(3) of the Act |
None
None
8 August 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 3.34pm on 8 August 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 November 2008.
On the information provided to the authorising officer that:
The person or persons targeted by the controlled operation have committed or are likely to commit an offence of import a commercial quantity of a border controlled precursor, namely pseudoephedrine, against section 307.11 of the Criminal Code, whether or not the controlled operation took place.
The offence of import a commercial quantity of border controlled precursor, namely but not restricted to pseudoephedrine, contrary to section 307.11 of the Criminal Code, is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 5,000 penalty units or both.
The offence the subject of the controlled operation involves the importation of a commercial quantity of a border controlled precursor, namely pseudoephedrine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.05pm on 20 August 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The illicit goods were removed and the container was placed back into the Customs system to be delivered by the normal delivery.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a reconstructed consignment purporting to contain pseudoephedrine.
| Type | Pseudoephedrine |
| Weight/Quantity | 603kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation the illicit goods travelled via sea from Bangkok, Thailand to Sydney Australia, via Singapore |
| Persons who had had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 16067 Federal Agent 18020 No persons had possession of the illicit goods during the course of the controlled operation |
All targets have been charged with drug related offences.
None
25 August 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 4.00pm on 25 August 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 31 August 2008.
On the information provided to the authorising officer that:
The person or persons targeted by the controlled operation are likely to commit an offence dealing in proceeds of crime worth more than AUD$100,000 against section 400.4 of the Criminal Code, whether or not the controlled operation took place.
The offence of dealing in proceeds of crime worth more than AUD$100,000 against section 400.4 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 20 years or 1,200 penalty units or both.
The offence, the subject of the controlled operation involves the exporting of an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic fund transfers out of Australia.
The illicit goods, less a commission, will be transferred by an AFP member via banking institutions in Australia to as yet to be determined locations. The money will be transferred on the pretext that it will be forwarded to the destination of the unknown person’s choice, which is likely to be undetermined until instructions are received.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
No meetings took place and as a result, no money laundering activities occurred under the authority of the controlled operation certificate.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised conducting a controlled operation that involved dealing in proceeds of crime.
No illicit goods were seized as part of the controlled operation.
None
None
21 August 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 2.40pm on 26 August 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 25 November 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit an offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$1,000,000 or more contrary to section 400.3 of the Criminal Code whether or not the major controlled operation took place.
The offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$1,000,000 or more, contrary to section 400.3 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 1,500 penalty units or both.
The offence the subject of the major controlled operation involves the exporting of an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic funds transfer out of Australia.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.50pm on 13 November 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation certificate.
Negotiations were held and transactions were made with targets relating to the purchase of unauthorised pay-tv decoder cards.
The following persons were named as targets on the original certificate and remained targets at the conclusion of the major controlled operation:
Suleyman Atan
Youssef Habib Nahlous
The following person was not identified as a target in the original certificate, however was identified throughout the course of the major controlled operation:
Habib Nahlous
None
AFP UCO 945012
The certificate authorised conducting a major controlled operation involving purchasing unauthorised pay-tv decoder cards.
No illicit goods were seized as part of the controlled operation.
All targets have been charged with offences against the Copyright Act 1968.
None
19 September 2008
Timothy Morris
The application was made pursuant to section 15K of the Act.
At 12.50pm on 19 September 2008, Timothy Morris, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 18 October 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit the offence of conspiracy to import a commercial quantity of a border controlled precursor, namely ephedrine, contrary to sections 11.5 and 307.11 of the Criminal Code whether or not the controlled operation took place.
The offence of conspiracy to import a border controlled precursor, namely ephedrine, contrary to sections 11.5 and 307.11 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of 25 years or 5,000 penalty units or both.
The offence that is the subject of the controlled operation involves the importation of approximately six kilograms of ephedrine within five blue plastic drums labelled ‘sida cordifolia’ (a plant extract).
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence that is the subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A controlled delivery of a fully substituted consignment purporting to contain ephedrine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 12230
Federal Agent 12186
Federal Agent 12033
Federal Agent 18847
The certificate authorised the controlled delivery of a consignment purporting to contain ephedrine.
| Type | Ephedrine and pseudoephedrine |
| Weight/Quantity | 4356.8g and 987.9g (net) |
| Current Location | Bulk destroyed
Some samples have been sent to National Measurements Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation the illicit goods travelled from India via Indonesia to Adelaide by air |
| Persons who had had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 18847 |
One target has been charged with drug related offences.
10 September 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 12.15pm on 18 September 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 17 March 2009.
On the information provided the authorising officer considered that:
The persons targeted by the major controlled operation are likely to commit an offence of dealing in the proceeds of crime, being money worth AUD$1,000,000 or more contrary to section 400.3(1) of the Criminal Code whether or not the major controlled operation took place.
The offence of dealing in the proceeds of crime, being money worth AUD$1,000,000 or more, contrary to section 400.3 (1) of the Criminal Code is a serious Commonwealth offence and is punishable by 25 years imprisonment or 1,500 penalty units or both.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
Further information has been excluded under the provisions of subsection 15T(4)(a) of the Act.
None
On 16 December 2008, Stanley Desmond Hotop, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Professor Hotop determined that the major controlled operation should remain in force for the duration of the certificate.
None
Negotiations were conducted in relation to the deployment of a UCO however were not concluded prior to the expiry of the certificate. No controlled conduct was undertaken.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised AFP UCO’s to undertake discussions and negotiations in relation to the subsequent laundering of funds with persons believed to be involved in dealing in proceeds of crime.
Further information has been excluded under the provisions of subsection 15T(4)(a) of the Act.
No illicit goods were seized as part of the major controlled operation.
None
None
1 October 2008
Andrew Colvin
The application was made pursuant to section 15K of the Act.
At 4.55pm on 1 October 2008, Andrew Colvin, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 31 March 2009.
On the information provided the authorising officer considered that:
The persons targeted by the major controlled operation will commit the offence of theft contrary to section 131.1(1) Criminal Code being an offence that involves theft or that involves matters of the same general nature as one or more of the foregoing or that is of any other prescribed kind and which is punishable on conviction by imprisonment for a period of 10 years.
The offence of theft against section 131.1(1) of the Criminal Code is a serious Commonwealth offence and is punishable by a maximum penalty of 10 years imprisonment.
The offence, subject of the major controlled operation involve investigating the theft of imported Customs controlled (Bonded) electronic goods into Australia.
Conducting a major controlled operation may provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject to the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of these people.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
No review was conducted therefore the certificate expired on 31 December 2008.
None
A UCO engaged in communications/ discussions with the targets regarding suspected criminal activity.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 600012
The certificate authorised UCO’s to engage in discussions, negotiations, arrangements, purchases and disposal of stolen Customs controlled (Bonded) goods with persons suspected to be involved in the theft, handling and disposal of such goods.
No illicit goods were seized as part of the controlled operation.
All targets have been charged with theft related offences.
None
9 October 2008
Brian McDonald
The application was made pursuant to section 15K of the Act.
At 1.40pm on 9 October 2008, Brian McDonald, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 16 October 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed the offence of importation of a commercial quantity of border controlled drugs, namely 1,170 grams of MDMA against section 307.1 of the Criminal Code whether or not the controlled operation took place.
The offences of importation of a commercial quantity of border controlled drugs namely 1,170 grams of MDMA against section 307.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for life or 7,500 penalty units or both.
The offence, the subject of the controlled operation, involves the importation of commercial quantity of a border controlled drug, namely MDMA.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A controlled delivery of a fully substituted package purporting to contain MDMA was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 1565
The certificate authorised a controlled delivery of a fully substituted package purporting to contain MDMA.
| Type | MDMA |
| Weight/Quantity | One package containing MDMA weighing approximately 905g (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Canada via parcel post (air mail) to Sydney where the drugs were intercepted. The intercepted package and its contents were then conveyed to the AFP Brisbane office |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Australian Customs Officer, Caterina Magni Australian Customs Officer, Andrew Esber Federal Agent 10047 Federal Agent 4736 |
All targets were charged with drug related offences.
16 October 2008
John Lawler
The application was made pursuant to section 15K of the Act.
At 3.15pm on 16 October 2008, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 15 April 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Acts in preparation for, or planning, terrorist acts contrary to section 101.6 of the Criminal Code.
Providing or receiving training connected with terrorist acts contrary to section 101.2 of the Criminal Code.
Training a terrorist organisation or receiving training from a terrorist organisation contrary to section 102.5 of the Criminal Code.
These are serious Commonwealth offences and attract a maximum penalty of between 15 years and life imprisonment.
The offences the subject of the major controlled operation relate to an allegation involving the planning of terrorist acts and undertaking terrorist training, which may include preparation for, or providing and/or receiving training connected with the commission of terrorist acts.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
No review was conducted therefore the certificate ceased to be in effect on 15 January 2009.
None
A UCO engaged in discussions and negotiations with the target regarding the preparation of terrorist acts or preparations to undertake provide or receive terrorist training.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
This information has been excluded under the provisions of subsection 15T(4)(a) of the Act.
Discussions and negotiations were conducted with the target for the purpose of investigations into terrorist activities.
No illicit goods were seized as part of the major controlled operation.
None
14 November 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 10.50am on 14 November 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 13 December 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit an offence of dealing in proceeds of crime worth more than AUD$1,000,000 against section 400.3(1) of the Criminal Code whether or not the controlled operation took place.
The offence of dealing in proceeds of crime worth more than AUD$1,000,000 against section 400.3(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years or 1,500 penalty units or both.
The offence the subject of the controlled operation involves the exporting of an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic fund transfers out of Australia.
The illicit goods, less a commission will be transferred via banking institutions in Australia to as yet to be determined locations. The money will be transferred on the pretext that it will be forwarded to the destination of the unknown person’s choice, which is likely to be undetermined until instructions are received.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 2.50pm on 21 November 2008, Alan Scott, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
During the period in which the controlled operation certificate was valid, no meetings took place. As a result of this, no money laundering activities occurred under the authority of the controlled operations certificate.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled operation that involved dealing in proceeds of crime.
No illicit goods were seized as part of the controlled operation.
None
None
11 November 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 4.30pm on 11 November 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 11 December 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit offences of attempted possession of a commercial quantity of unlawfully imported border controlled drugs against section 307.5 Criminal Code by virtue of section 11.1 of the Criminal Code and importation of a commercial quantity of border controlled drugs against section 307.1 of the Criminal Code, whether or not the controlled operation took place.
The offences of attempted possession of a commercial quantity of unlawfully imported border controlled drugs against section 307.5 of the Criminal Code by virtue of section 11.1 of the Criminal Code and importation of a commercial quantity of border controlled drugs against section 307.1 of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of life imprisonment or 7,500 penalty units or both in each instance.
The offences the subject of the controlled operation involve the importation and attempted possession of a commercial quantity of unlawfully imported border controlled drugs, namely approximately 80 kilograms of a white crystalline substance, that has presumptively tested positive to methamphetamine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 5.00pm on 17 November 2008 David J Stewart approved a variation to the certificate to ensure:
The success of the controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
None
At 4.15pm on 26 November 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a fully substituted package purporting to contain methamphetamine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 16040
The certificate authorised a controlled delivery of a fully substituted package purporting to contain methamphetamine; and engaging in conduct which if not indemnified under a controlled operation certificate would constitute the aiding, abetting, counselling or procuring of the offences.
| Type | Di-methamphetamine |
| Weight/Quantity | 80kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation the illicit goods travelled from China via sea freight, to Sydney. The container was then transported to Adelaide via rail, where it was transferred via truck to the delivery address |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
AFP member 10921 No persons had possession of the illicit goods during the course of the controlled operation |
Some targets have been charged with drug related offences.
2008–09/10 and 2008–09/20
17 November 2008
Andrew Colvin
The application was made pursuant to section 15K of the Act.
At 5.15pm on 18 November 2008, Andrew Colvin, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 17 May 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit an offence of dealing in proceeds of crime worth more than AUD$1,000,000 against section 400.3(1) of the Criminal Code whether or not the major controlled operation took place.
The offence of dealing in proceeds of crime worth more than AUD$1,000,000 against section 400.3(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 1,500 penalty units or both.
The offence involves exporting an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic fund transfers out of Australia.
The illicit goods, less a commission will be transferred via banking institutions in Australia to as yet to be determined locations. The money will be transferred on the pretext that it will be forwarded to the destination of the unknown person’s choice, which is likely to be undetermined until instructions are received.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia or overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
On 16 February 2009, Naida Isenberg, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Ms Isenberg determined that the major controlled operation should remain in force for the duration of the certificate.
At 10.10am on 9 March 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation certificate.
During the period in which the major controlled operation certificate was valid, attempts were made to contact targets however no meetings took place.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a major controlled operation that involved dealing in the proceeds of crime.
No illicit goods were seized as part of the major controlled operation.
None
None
19 November 2008
Alan Scott
The application was made pursuant to section 15K of the Act.
At 2.50pm on 19 November 2008, Alan Scott, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 19 January 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the offence of attempt to import a commercial quantity of a border controlled drug, namely, but not restricted to cocaine, contrary to sections 11.1 and sub-section 307.1(1) of the Criminal Code.
The offence against sections 11.1 and 307.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offence the subject of the controlled operation involves the importation and trafficking of a commercial quantity of border controlled drug, namely, but not restricted to, cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 4.55pm on 26 November 2008, Alan Scott, approved a variation to the certificate to ensure:
The success of the controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
None
At 3.00pm on 2 December 2008, Alan Scott, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a fully substituted package purporting to contain cocaine secreted within concrete cylinders was conducted.
The following persons were named as targets on the original certificate and remained targets at the conclusion of the controlled operation:
Juan Ernesto Suarez Lopez
Carlos Angulo Ruiz
Olivia Barajas Gloria
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain cocaine; and
Engaging in conduct which if not indemnified under this controlled operation certificate would constitute the aiding, betting, counselling or procuring of the offences or an associated offence.
| Type | Cocaine |
| Weight/Quantity | 64.6kg (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Mexico to Los Angeles, USA, via container ship to Australia |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
United States Immigration and Customs Enforcement Officer 6638 Federal Agent 11767 AFP member 11496 AFP member 15503 AFP member 15512 |
All targets were charged with drug related offences.
None
24 November 2008
Jamie Strauss
The application was made pursuant to section 15K of the Act.
At 2.15pm on 24 November 2008, Jamie Strauss, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 December 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of importing a commercial quantity of a border controlled drug, namely cocaine, against section 307.2 of the Criminal Code, whether or not the controlled operation took place.
The offence of importing a commercial quantity of a border controlled drug against section 307.2 of the Criminal Code, is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of imprisonment for 25 years or 5,000 penalty units, or both.
The offence the subject of the controlled operation involves importing approximately 292 grams (gross) of cocaine secreted inside a handbag.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 1.51pm on 26 November 2008, Jamie Strauss, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
An attempt was made to deliver a fully substituted package purporting to contain cocaine, however the delivery was unsuccessful.
The following person was named as a target on the original certificate and remained a target at the conclusion of the controlled operation:
Person or persons as yet unknown who have been responsible for or will be involved in the illegal activity that is the subject of the certificate.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain cocaine.
| Type | Cocaine |
| Weight/Quantity | 298g (net) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the major controlled operation, the illicit goods travelled from South Africa to Australia |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Australian Customs Officer, Neville Rutter Federal Agent 11954 Federal Agent 19121 Federal Agent 11546 |
None
None
13 January 2009
Ramzi Jabbour
The application was made pursuant to section 15K of the Act.
At 4.00pm on 16 January 2009, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, declined to issue a certificate authorising a controlled operation to be undertaken.
The certificate was declined due to the anticipated activity potentially breaching United States Law.
In deciding to decline the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
No activity was conducted.
None
None
No law enforcement officer acted in reliance on the certificate.
Not applicable
Not applicable
None
None
13 January 2009
Paul Osborne
The application was made pursuant to section 15K of the Act.
At 9.39am on 14 January 2009, Paul Osborne, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 13 February 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
The offence of importing a commercial quantity of a border controlled drug, namely methamphetamine, contrary to section 307.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offence of attempting to possess a commercial quantity of unlawfully imported border controlled drug against section 307.5 and 11.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment, 7,500 penalty units or both.
The offences the subject of the controlled operation involves the importation and attempted possession of approximately one kilogram of methamphetamine secreted within a complete judo suit.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence that is the subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 11.38am on 30 January 2009, Andrew Colvin, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a fully substituted package purporting to contain methamphetamine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 18847
The certificate authorised a controlled delivery of a fully substituted package purporting to contain methamphetamine.
| Type | Methamphetamine |
| Weight/Quantity | 1kg (gross) |
| Current Location | Samples have been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Canada via parcel post (air mail) to Australia |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Air Cargo Operations employee Cesare Raccosta Federal Agent 11787 AFP member 15494 |
One target has been charged with drug related offences.
None
28 January 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 2.00pm on 28 January 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 28 April 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit offences of importation of a commercial quantity of a border controlled drug, namely cocaine and attempt to possess a commercial quantity of a border controlled drug, namely cocaine against sections 307.1, 11.1 and 307.5 of the Criminal Code, whether or not the controlled operation took place.
The offences of importation of a commercial quantity of a border controlled drug, namely cocaine and attempt to possess a commercial quantity of a border controlled drug, namely cocaine against sections 307.1, 11.1 and 307.5 of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of imprisonment for life or 7,500 penalty units or both.
The offences involve the importation of a commercial quantity of a border controlled drug, namely approximately 144 kilograms of cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A fully reconstructed consignment was delivered and remains under surveillance.
The following persons were named as targets on the original certificate and remained targets at the conclusion of the controlled operation:
Hueman Rendon Arenas
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain cocaine.
| Type | Cocaine |
| Weight/Quantity | 138.45kg (net) |
| Current Location | AFP Drugs and Property Registry
Sample sent to the National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Veracruz, Mexico on board Marine Vessel CMA CGM Matisse 9192428, shipped in container FCIU2903124 to Port Botany, Sydney |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 16293 Federal Agent 11236 Federal Agent 18419 Federal Agent 5536 Federal Agent 16887 Federal Agent 18522 Federal Agent 15847 Federal Agent 15892 Federal Agent 16727 Federal Agent 18350 Federal Agent 16730 Federal Agent 15889 Federal Agent 18348 Federal Agent 15965 Federal Agent 18044 Federal Agent 18400 Federal Agent 18197 |
One target has been charged with drug related offences.
The investigation is ongoing and a new certificate, 2008–09/45 has been issued.
None
27 February 2009
Ramzi Jabbour
The application was made pursuant to section 15K of the Act.
At 4.59pm on 27 February 2009, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 26 March 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Import a commercial quantity of a border controlled drug contrary to section 307.1 of the Criminal Code.
Conspiracy to import a border controlled drug contrary to subsections 11.5(1) and 307.1(1) of the Criminal Code.
Attempt to possess a commercial quantity of an unlawfully imported border controlled drug contrary to subsections 11.1 and 307.5 of the Criminal Code.
Aid, abet, counsel or procure others in the importation of a commercial quantity of a border controlled drug contrary to subsections 11.2 and 307.1 of the Criminal Code.
The offences against these sections of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of imprisonment for life or 7,500 penalty units or both.
The offences involve the alleged importation of a commercial quantity, approximately 20 kilograms, of heroin into Australia.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 4.00pm on 23 March 2009, Alan Scott, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a package purporting to contain heroin was conducted.
The following persons were not identified as targets in the original certificate, however were identified throughout the course of the controlled operation:
William Christos
Zaheen Azizi
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain heroin.
| Type | Heroin |
| Weight/Quantity | 20kg (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Pakistan to Australia, via Lahore and Singapore, by freight |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 11767 AFP member 11496 AFP member 15533 |
Two of the targets were charged with drug related offences.
None
23 March 2009
Ramzi Jabbour
The application was made pursuant to section 15L of the Act.
At 3.55pm on 16 March 2009, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 23 March 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Import a commercial quantity of a border controlled drug contrary to section 307.1 of the Criminal Code.
Conspiracy to import a border controlled drug contrary to subsections 11.5 and 307.1 of the Criminal Code.
Attempt to possess a commercial quantity of an unlawfully imported border controlled drug contrary to subsections 11.1 and 307.5 of the Criminal Code.
Aid, abet, counsel or procure others in the importation of a commercial quantity of a border controlled drug contrary to subsections 11.2 and 307.1 of the Criminal Code.
The offences against these sections of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of imprisonment for life or 7,500 penalty units or both.
These offences involve the alleged importation of a commercial quantity of a border controlled drug, approximately 5–10 kilograms, of cocaine into Australia.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled operation was required for the purpose of searching shipping containers. The controlled operation was not conducted, as a search of the four containers was negative for any border controlled drugs.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the interception of four shipping containers by Customs upon arrival into Australia.
No illicit goods were seized as part of the controlled operation.
None
None
1 April 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 1.40pm on 1 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 30 June 2009.
On the information provided the authorising officer considered that:
The persons targeted by the controlled operation are likely to commit offences against sections 307.1 and 307.5 of the Criminal Code by virtue of section 11.1 of the Criminal Code, whether or not the controlled operation took place.
The offences against sections 307.1 and 307.5 of the Criminal Code, by virtue of section 11.1, of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of imprisonment for life or 7,500 penalty units or both.
The offences involve the importation of, and attempted possession of commercial quantities of border controlled drugs, namely heroin and methamphetamine.
Conducting a controlled operation will provide police with an opportunity to identify persons in Australia who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 2.00pm on 17 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a fully substituted package purporting to contain heroin and methamphetamine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain heroin and methamphetamine.
| Type | Heroin and methamphetamine |
| Weight/Quantity | 9.2kg of heroin (gross)
17.2kg of methamphetamine (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from South Africa to Sydney via air |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 12085 Federal Agent 16733 |
None
None
15 April 2009
David J Stewart
The application was made pursuant to section 15L of the Act.
At 11.52am on 2 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 9 April 2009.
On the information provided the authorising officer considered that:
The person targeted by the controlled operation is likely to commit an offence of acts done in preparation for, or planning, terrorist acts against section 101.6 of the Criminal Code, whether or not the controlled operation took place.
The offence of acts done in preparation for or planning, terrorist acts against section 101.6 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment.
The offence is the subject of the controlled operation involving the substitution of legitimate Australian currency that is currently in the possession of the target.
Conducting a controlled operation will provide police with an opportunity to forensically examine the money. Police suspect the target was given the money by other persons and also suspect that the target may use this money to purchase illegal firearms and then use the firearms in the execution of a terrorist act.
Conducting a controlled operation would enable police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
Further information has been excluded under the provision of subsection 15T(4) (b) of the Act.
None
None
None
Substituted currency was supplied to the target in an attempt to determine additional persons of interest.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised substitution of currency previously found with the target with marked currency to determine potential persons of interest.
No illicit goods were seized as part of the controlled operation.
None
None
6 April 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 10.20am on 6 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 July 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Importing commercial quantities of a border controlled drug, namely cocaine, contrary to section 307.1 of the Criminal Code, being an offence that is punishable by life imprisonment or 7,500 penalty units or both.
Trafficking commercial quantities of controlled drugs, namely cocaine, contrary to section 302.2 of the Criminal Code, being an offence that is punishable by life imprisonment or 7,500 penalty units or both.
The offences specified above are serious Commonwealth offences and attract a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offences involve the importation and trafficking of a commercial quantity of a border controlled drug, namely cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.20pm on 15 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation certificate.
A controlled delivery of a fully substituted package purporting to contain cocaine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain cocaine.
| Type | Cocaine |
| Weight/Quantity | 9kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled via air from Vancouver, Canada to Sydney, Australia |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 14768 Federal Agent 4304 |
All targets were charged with drug related offences.
None
6 April 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 2.35pm on 6 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 July 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Dealing in proceeds of crime etc money or property worth AUD$1,000,000 or more contrary to section 400.3 of the Criminal Code.
Conspiracy to commit an offence of importing a marketable quantity of a border controlled drug section 307.2(1) by virtue of Section 11.5 of the Criminal Code.
Using a telecommunications network with intention to commit a serious offence contrary to section 474.14 of the Criminal Code.
Dealing in proceeds of crime etc money or property worth AUD$1,000,000 or more against section 400.3 of the Criminal Code, is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of 25 years or 1,500 penalty units or both.
Conspiracy to commit an offence of importing a marketable quantity of a border controlled drug against section 307.2(1) by virtue of section 11.5 of the Criminal Code, is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of 25 years or 5,000 penalty units or both.
Using a telecommunications network with intention to commit a serious offence contrary to section 474.14 of the Criminal Code attracts a maximum penalty of imprisonment for a period not exceeding the penalty applicable to the serious offence.
The offences involve the manufacture, distribution and use of counterfeit and/or fraudulent credit cards, store cards, identity and travel documents. It may also involve the subsequent laundering of money and drug importations.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 3.35pm on 15 June 2009, David J Stewart, approved a variation to the certificate to ensure:
The success of the controlled operation;
The protection of the health or safety of any person;
The protection of property from loss or damage; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
The remainder of the information in relation to this controlled operation is reportable in the 2009–10 annual report.
None
8 April 2009
Ramzi Jabbour
The application was made pursuant to section 15L of the Act.
At 2.40pm on 4 April 2009, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 11 April 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of importing a marketable quantity of a border controlled pre-cursor, namely ephedrine or pseudoephedrine contrary to section 307.12 of the Criminal Code, whether or not the controlled operation took place.
The offence of importing a marketable quantity of a border controlled precursor against section 307.12 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 15 years imprisonment or 3,000 penalty units, or both.
The offence the subject of the controlled operation involves importing approximately 400 grams (gross) of ephedrine or pseudoephedrine secreted within 2 bottles of alcoholic drink called ‘Kahlua’.
Conducting a control operation will provide police with an opportunity to identify those persons in Australia and or overseas who are involved in the commission of the offence the subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A controlled delivery of a fully substituted package purporting to contain ephedrine or pseudoephedrine was conducted.
The following person was named as a target on the original certificate and remained a target at the conclusion of the controlled operation:
Charles Chi Chung Chan
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain ephedrine or pseudoephedrine.
| Type | Ephedrine |
| Weight/Quantity | 400g (gross) |
| Current Location | AFP Drugs and Property Registry
Samples have been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from Thailand to Perth, Australia |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Charles Chan |
On target has been charged with drug related offences.
None
23 April 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 10.00am on 23 April 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 May 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit offences against Section 35(1) of the Australian Passports Act 2005 and Section 223(1)(a) of the Migration Act 1958, whether or not the controlled operation took place.
The offences against Section 35(1) of the Australian Passports Act 2005 and Section 233(1)(a) of the Migration Act 1958 are serious Commonwealth offences and attract a maximum penalty of imprisonment for 10 years or 1,000 penalty units or both respectively.
The offences the subject of the controlled operation involve the issuance of a dishonestly obtained Australian passport.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A passport was issued with the knowledge that the information provided in the application was false. The target of the investigation was intercepted carrying the passport.
The following person was named as a target on the original certificate and remained a target at the conclusion of the controlled operation:
Samira Al Kanani
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the issue of a passport which investigators believed to contain false information and subsequent communications with the applicant to advise the document could be collected.
No illicit goods were seized as part of the major controlled operation.
One target was charged with offences against the Migration Act 1958.
27 April 2009
Tony Negus
The application was made pursuant to section 15K of the Act.
At 10.50am on 28 April 2009, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 27 October 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences, whether or not the major controlled operation took place.
It is likely that the following offences, which are serious Commonwealth offences within the meaning of section 15HB of the Crimes Act 1914, have been, are being or will be committed.
Importation of a commercial quantity of a border controlled drug, namely cocaine, contrary to section 307.1 of the Criminal Code.
Attempt to possess a commercial quantity of a border controlled drug, namely cocaine, contrary to 307.5 of the Criminal Code, by virtue of Section 11.1.
The offences of importation of a commercial quantity of a border controlled drug, namely cocaine, and attempt to possess a commercial quantity of a border controlled drug, namely cocaine are serious Commonwealth offences and attract a maximum penalty of imprisonment for life or 7,500 penalty units or both.
The offences involve the importation of a commercial quantity of a border controlled drug, namely approximately 144 kilograms of cocaine.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
The remainder of the information in relation to this controlled operation is reportable in the 2009–10 annual report.
None
26 May 2009
Brian McDonald
The application was made pursuant to section 15K of the Act.
At 2.30pm on 26 May 2009, Brian McDonald, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 24 June 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to have committed an offence of importation of a commercial quantity of a border controlled drug against section 307.1 of the Criminal Code, whether or not the controlled operation took place.
The offence against section 307.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offence the subject of the controlled operation involved the importation of about 7.5 kilograms of cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offences the subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence on the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 12.30pm on 1 June 2009, Brian McDonald, approved a variation to the certificate to ensure:
The success of the controlled operation.
None
None
A controlled delivery of a fully substituted package purporting to contain cocaine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a controlled delivery of a fully substituted package purporting to contain cocaine.
| Type | Cocaine |
| Weight/Quantity | 8067.2g (gross) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods travelled from New York USA to Sydney by air cargo They were then transferred by AFP from Sydney to Brisbane |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Australian Customs Officer, Graeme Sismey Australian Customs Officer, Nicholas Xanthakis Australian Customs Officer, Joel Shearman Federal Agent 12038 Federal Agent 3804 |
Some of the targets were charged with drug related offences.
None
28 May 2009
David J Stewart
The application was made pursuant to section 15K of the Act.
At 11.00am on 28 May 2009, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 27 August 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the following offences, whether or not the controlled operation took place.
Conspiracy to import into Australia a commercial quantity of border controlled precursors, contrary to sections 307.11 and 11.5 of the Criminal Code, punishable by imprisonment for 25 years or 5,000 penalty units or both.
Pre-trafficking commercial quantities of controlled precursors, contrary to section 306.2 of the Criminal Code, punishable by imprisonment for 25 years or 5,000 penalty units or both.
Manufacturing commercial quantities of controlled drugs, contrary to section 305.3 of the Criminal Code, punishable by imprisonment for life or 7,500 penalty units or both.
The offences that are the subject of the controlled operation involve the importation and possession of approximately, but not limited to, about 400 kilograms of pseudoephedrine and methylenedloxyphenyl-2-propanone.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
The remainder of the information in relation to this controlled operation is reportable in the 2009–10 annual report.
None
26 June 2009
Fiona Drennan
The application was made pursuant to section 15K of the Act.
At 5.16pm on 26 June 2009, Fiona Drennan, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 17 July 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of:
Import a commercial quantity of a border controlled precursor against section 307.11 of the Criminal Code, whether or not the controlled operation took place.
The offence of against section of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 7 years imprisonment.
The offence the subject of the controlled operation involves the importation of about 22.8 kilograms of phenylpropanolamine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
The remainder of the information in relation to this controlled operation is reportable in the 2009–10 annual report.
None
30 June 2009
Ramzi Jabbour
The application was made pursuant to section 15K of the Act.
At 4.13pm on 30 June 2009, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 29 July 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of import a marketable quantity of a border controlled drug, namely heroin, against section 307.2 of the Criminal Code, whether or not the controlled operation took place.
The offence of import a marketable quantity of a border controlled against section 307.2 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment of 25 years or 5,000 penalty units or both.
The offence the subject of the controlled operation involves a controlled delivery of a fully substituted consignment, purporting to contain 241.7 grams of heroin.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
The remainder of the information in relation to this controlled operation is reportable in the 2009–10 annual report.
25 June 2008
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
25 June to 23 September 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.2, 305.3 and 400.4 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation focussed on the trafficking in illicit drugs.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
2 July 2008 [although the written application was signed on 30 June 2008].
Michael Outram, Executive Director Operational Strategies.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
2 July to 30 September 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
A variation was granted on 26 September 2008 to clarify the subject matter of the controlled operation and the permitted tasks of the participants. The certificate as varied could have been given under section 15M of the Act and was necessary for the success of the controlled operation.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
A controlled operation was conducted in support of an ACC investigation focussed on money laundering.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Not applicable
2 July 2008 [although the written application was signed on 30 June 2008].
Michael Outram, Executive Director Operational Strategies.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
2 July to 30 September 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 307.1, 302.2, 306.2, 307.11 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
A controlled operation was conducted in support of an ACC investigation focussed on the importation into Australia of border controlled drugs and border controlled precursors and trafficking of controlled drugs and pre-trafficking of controlled precursors.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
23 June 2008
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
23 June to 20 September 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.2, 305.3 and 400.4 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation into drug trafficking activity.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
1 August 2008
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
4 August to 1 November 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.3(1), 305.3(1), and 307.1(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation of drug trafficking.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
28 August 2008
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
28 August to 26 November 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.3(1), 305.3(1), and 400.4 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation of drug trafficking.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
24 September 2008
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
24 September to 22 December 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.3(1), 305.3(1), and 400.4 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
The certificate was varied on 13 November 2008 to include an additional law enforcement participant. The variation was necessary for the success of the controlled operation the certificate as varied could have been given under section 15M of the Act.
Nil
Nil
This controlled operation was conducted in support of an ACC investigation of drug trafficking.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
25 September 2008
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
26 September 2008 to 27 March 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
The certificate was reviewed by Senior Member Friedman of the AAT on 19 December 2008 and he was satisfied that in accordance with section 15OB of the Act the certificate given by Michael Outram of the ACC on 27th September 2008 should be in force for 6 months from that date and was to expire on 27 March 2009.
Nil
No controlled operation was undertaken.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Nil
Nil
Not applicable
29 September 2008
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
29 September 2008 to 30 March 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
The certificate was reviewed by Senior Member Kelly of the AAT on 17 December 2008 and he was satisfied, in accordance with section 15OB of the Act, that the certificate given by Michael Outram of the ACC on 29th September 2008 should be in force for 6 months from that date and was to expire on 30 March 2009.
Nil
This controlled operation was conducted in support of an ACC investigation into money laundering activity.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
29 September 2008
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
29 September 2008 to 30 March 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 307.1, 302.2, 306.2, 307.11 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
The certificate was reviewed by Senior Member Kelly of the AAT on 17 December 2008 and he was satisfied, in accordance with section 15OB of the Act, that the certificate given by Michael Outram of the ACC on 29th September 2008 should be in force for 6 months from that date and is to expire on 30 March 2009.
Nil
A controlled operation was conducted in support of an ACC investigation focussed on the importation into Australia of border controlled drugs and border controlled precursors and trafficking of controlled drugs and pre–trafficking of controlled precursors.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Not applicable
14 November 2009
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
14 November to 13 December 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 302.2, 302.4, of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
A controlled operation was conducted in support of an ACC investigation focussed on drug trafficking and conducted jointly with Queensland Police Service (QPS).
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Not applicable
28 November 2008
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
28 November 2008 to 27 December 2008
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 305.3, 302.2 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
As the controlled operation was not progressing effectively, the certificate was terminated by James Duffy by written notice on 16 December 2008.
A controlled operation was conducted in support of an ACC investigation in relation to conspiracy to manufacture controlled drugs and conspiracy to traffic controlled drugs.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
29 January 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 January to 30 April 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.4, 480.4, 480.5 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
The certificate was terminated on 17 March 2009.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This controlled operation was conducted in support of an ACC investigation of conspiracy to launder money or other property, dishonestly obtain or deal in personal financial information, and possess or control a thing with intent to dishonestly obtain or deal in personal information.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
24 March 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
25 March to 25 June 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 307.1, 302.2, 306.2 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
A controlled operation was conducted in support of an ACC investigation in relation to the importation into Australia of border controlled drugs and border controlled precursors and trafficking of controlled drugs and pre-trafficking of controlled precursors.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
27 March 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 March to 30 June 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation into money laundering.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
27 March 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 March to 30 June 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to sections 307.1, 302.2, 306.2, 307.11 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
A controlled operation was conducted in support of an ACC investigation into the importation into Australia of border controlled drugs and border controlled precursors and trafficking of controlled drugs and pre-trafficking of controlled precursors.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Asia to Australia [no further specific details obtained].
Nil
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
26 May 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
27 May to 30 June 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
This controlled operation was conducted in support of an ACC investigation into money laundering.
Further information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
This information has been excluded under the provisions of subsections 15T(3) and (4) of the Act.
Nil
Nil
Not applicable
3 June 2009
James Duffy, General Manager Groups and Targeting.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
3 June to 2 August 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 360.2 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Nil
Nil
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
24 June 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
25 June to 25 September 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 307.1, 302.2, 307.11, 306.2 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Not applicable
Nil
Nil
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
29 June 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 June to 26 August 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Not applicable
Nil
Nil
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
29 June 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 June to 26 August 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 307.1, 302.2, 307.11, 306.2 of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Not applicable
Nil
Nil
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
29 June 2009
Michael Outram, Executive Director Criminal Intelligence and Investigation Strategies Programs.
Application pursuant to 15K of the Act.
To authorise a controlled operation to be undertaken.
30 June to 26 August 2009
The authorising officer was satisfied by information given to him that:
serious criminal activities of the persons targeted by the operation and their associates involved serious Commonwealth offences namely contrary to section 400.3(1) of the Criminal Code Act 1995 being offences within the requirements of s15HB of the Act;
the nature and extent of the offences justified a controlled operation;
the application otherwise complied with the requirements of the Act.
Nil
Not applicable
Nil
Nil
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Not applicable – the controlled operation had not concluded at the end of the period.
Pursuant to section 15T(4) of the Crimes Act 1914, information was excluded from the 2001–02, 2002–03, 2003–04, 2004–05, 2005–06, 2006–07 and 2007–08 annual reports. In accordance with this section, some of this information has now been published on the basis that the information will no longer endanger the safety of a person or prejudice the investigation or prosecution. The remainder of the information continues to be excluded under section 15T(3) and 15T(4) of the Act.
None
29 August 2007
Grant Edwards
The application was made pursuant to section 15K of the Act.
At 4.59pm on 29 August 2007, Grant Edwards, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 11 September 2007.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit the offences of:
Import a border controlled drug, namely a marketable quantity of MDMA, contrary to the provisions of section 307.2 of the Criminal Code.
Possessing a marketable quantity of unlawfully imported border controlled drugs, namely MDMA, contrary to section 307.6 of the Criminal Code.
Attempting to possess a marketable quantity of unlawfully imported border controlled drugs, namely MDMA, contrary to sections 11.1 and 307.6 of the Criminal Code whether or not the controlled operation took place.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of the persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 4.27pm on 10 September 2007, Grant Edwards, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The certificate authorised the controlled delivery of a package purporting to contain MDMA.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a package purporting to contain MDMA, as well as aiding, abetting and counselling importation and possession offences.
| Type | MDMA |
| Weight/Quantity | 526.6g of tablets |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | The illicit goods travelled from Vancouver, Canada arriving at The Sydney International Mail Exchange prior to commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation:
Federal Agent 12049 |
Some targets were charged with drug related offences.
None
25 September 2007
Peter Drennan
The application was made pursuant to section 15K of the Act.
At 3.31pm on 27 September 2007, Peter Drennan, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 27 December 2007.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit the offences of:
Selling or hiring an unauthorised decoder, section 135ASB of the Copyright Act 1968 (Copyright Act). Penalty: Imprisonment for 5 years.
Offering unauthorised decoder for sale or hire, section 135ASC of the Copyright Act. Penalty: Imprisonment for 5 years.
Importing unauthorised decoder commercially, section 135ASE of the Copyright Act. Penalty: Imprisonment for 5 years.
Distributing unauthorised decoder, section 135ASF of the Copyright Act. Penalty: Imprisonment for 5 years.
Dealing in proceeds of crime – money or property worth AUD$50,000 or more, section 400.5 of the Criminal Code. Penalty: Imprisonment for 15 years.
Obtain financial advantage by deception contrary to section 82(1) of the Crimes Act 1958 (Victoria). Penalty: Imprisonment for 10 years, whether or not the major controlled operation took place.
The offences which are the subject of the major controlled operation involve the manufacture and distribution of pirated gamma (smart) cards that allow the user to access subscribed pay television without authority to do so.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence/s subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of the persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 2.35pm on 21 December 2007, Tony Negus, Deputy Commissioner of the AFP, terminated the major controlled operation.
UCO’s met with targets and purchased pirated gamma cards and set top boxes.
The following persons were listed on the certificate and remained targets at the end of the major controlled operation:
Rodney Paul Doove
The following additional targets were identified during the course of the major controlled operation:
Simon James Parker
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 458032
AFP UCO 459272
The certificate authorised UCO’s to participate in arrangements with targets in relation to purchasing pirated gamma cards and set top boxes, and the subsequent purchase of those items.
None
Some targets have been charged with copyright offences.
None
7 December 2007
Warren Gray
This application was made pursuant to section 15K of the Act.
At 6.15pm on 7 December 2007, Warren Gray, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 January 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit an offence of import a marketable quantity border controlled drug against section 307.2 of the Criminal Code, whether or not the controlled operation took place.
The offence of import a marketable quantity of a border controlled drug against section 307.2 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 5,000 penalty units or both.
The offence subject of the controlled operation involves the importation of approximately 2 kilograms of cocaine, a border controlled substance.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A controlled delivery of a fully substituted package purporting to contain cocaine was conducted.
The following persons were listed on the certificate and remained targets at the end of the controlled operation:
Wagih Hanna Awad Nakhla
Anne Nikolovska
None
Federal Agent 17049
The certificate authorised the controlled delivery of a package purporting to contain cocaine, as well as related activities.
| Type | Cocaine |
| Weight/Quantity | 1,969.8g |
| Current Location | AFP Drug and Property Registry
A sample was sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From the Ivory Coast, West Africa, via The Netherlands, and arriving in Sydney, prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation:
Customs Officer, V McSweeny Federal Agent 16297 AFP member 10892 |
Some targets were charged with drug related offences.
20 December 2007
Tony Negus
The application was made pursuant to section 15K of the Act.
At 3.20pm on 21 December 2007, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 21 March 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit the offences of:
Selling or hiring an unauthorised decoder, section 135ASB of the Copyright Act 1968 (Copyright Act), penalty: imprisonment for 5 years.
Offering unauthorised decoder for sale or hire, section 135ASC of the Copyright Act, penalty: imprisonment for 5 years.
Importing unauthorised decoder commercially, section 135ASE of the Copyright Act, penalty: imprisonment for 5 years.
Distributing unauthorised decoder, section 135ASF of the Copyright Act, penalty: imprisonment for 5 years.
Dealing in proceeds of crime – money or property worth AUD$50,000 or more, section 400.5 of the Criminal Code, penalty: imprisonment for 15 years, or 900 penalty units, or both.
Obtain financial advantage by deception contrary to section 82(1) of the Crimes Act 1958 (Victoria), penalty: imprisonment for 10 years, whether or not the controlled operation took place.
The offences which are the subject of the major controlled operation involve the manufacture and distribution of pirated gamma (smart) cards that allow the user to access subscribed pay television without authority to do so.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of the persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
UCO’s met with targets and purchased pirated gamma cards.
The following persons were listed on the certificate and remained targets at the end of the major controlled operation:
Rodney Paul Doove
Simon James Parker
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 458032
AFP UCO 459272
The certificate authorised participation in discussions and arrangements regarding the purchase of electronic set top boxes and pirated gamma cards that facilitate access to pay television channels, and the subsequent purchase of electronic set top boxes and pirated gamma cards.
No illicit goods were seized during the major controlled operation.
Some targets were charged with Copyright offences.
None
2 January 2008
Peter Drennan
The application was made pursuant to section 15K of the Act.
At 1.04pm on 2 January 2008, Peter Drennan, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 1 July 2008.
On the information provided the authorising officer considered that:
The persons targeted by the major controlled operation have committed or are likely to commit offences contrary to sections 6, 7, 9 and 11of the Crimes (Currency) Act 1981 (Currency Act), whether or not the major controlled operation took place.
The offences contrary to sections 6, 7, 9 and 11 of the Currency Act are serious Commonwealth offences and attract a maximum penalty of 14 years imprisonment or a fine of AUD$75,000 for a person being a body corporate.
The offences that are the subject of the major controlled operation involve making counterfeit money.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A civilian participant contacted a target in relation to a counterfeiting operation however no further activity occurred.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised a major controlled operation involving conspiracy to commit the offences of counterfeiting money, possession of instruments and materials used for counterfeiting currency, uttering counterfeit currency and possession of counterfeit currency. This activity never occurred.
No illicit goods were seized as part of controlled operation.
None
None
13 February 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 5.10pm on 22 February 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 22 August 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit an offence of dealing in the proceeds of crime against section 400.3(1) of the Criminal Code, whether or not the major controlled operation took place.
The offence in dealing in the proceeds of crime against section 400.3(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years, or 1,500 penalty units or both.
The offence, the subject of the major controlled operation involves dealing with AUD$1,000,000 which is believed to be the proceeds of cocaine sold in Australia. The illicit goods will be transferred electronically via banking institutions from Australia to Canada and/or the United States of America.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.50pm on 15 April 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation.
Under the major controlled operation certificate, AUD$20,000 minus fees was remitted via an international money transfer to a bank account.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 16773
Federal Agent 16756
Federal Agent 16922
NSW Crime Commission member 0045
The certificate authorised the use of UCO’s to enter into discussions and negotiations in relation to dealing in the proceeds of crime, and the subsequent dealings in the proceeds of crime.
| Type | Australian Currency, believed to be the proceeds of crime |
| Weight/Quantity | AUD$195,000 in AUD$50 and AUD$100 denominations |
| Current Location | AUD$195,000 was returned to the NSWCC |
| Route through which the illicit goods travelled | During the course of the major controlled operation AUD$195,000 was transferred from Individual 1 to members of the AFP. AUD$20,000, minus remittance fees, was unsuccessfully attempted to be remitted via international money transfer to a bank account. AUD$195,000 was returned to the NSW Crime Commission |
| Persons who had possession of the illicit goods | During the course of the major controlled operation the
following persons had possession of the illicit goods:
Federal Agent 16773 Federal Agent 16756 Federal Agent 16922 NSW Crime Commission member 0045 Individual 1 |
Certain other activity relating to this investigation was conducted by the NSW Crime Commissioner under a Law Enforcement (Controlled Operations) Act 1997 (NSW) certificate.
None
3 March 2008
John Lawler
The application was made pursuant to section 15K of the Act.
At 5.30pm on 3 March 2008, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 3 September 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit an offence of dealing in the proceeds of crime, being money worth AUD$1,000,000 or more, contrary to section 400.3(1) of the Criminal Code, whether or not the major controlled operation took place.
The offence of dealing in the proceeds of crime, being money worth AUD$1,000,000 or more, contrary to section 400.3(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment, or 1,500 penalty units, or both.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
Further information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
None
On 3 June 2008, Andre Sweidan, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Mr Sweidan determined that the major controlled operation should remain in force for the duration of the certificate.
None
During the major controlled operation, UCO’s held discussions, negotiations and arranged cash exchanges with targets.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 411272
AFP UCO 411272
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
| Type | Proceeds of crime |
| Weight/Quantity | €28,600 |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | The cash did not move across borders. The cash handed over
in Melbourne by the UCO remained in Melbourne
Further information has been excluded under the provisions of subsection 15T(4)(b) of the Act |
| Persons who had possession of the illicit goods | During the course of the major controlled operation the
following persons had possession of the illicit goods:
AFP UCO 41127 AFP UCO 41127 Further information has been excluded under the provisions of subsection 15T(3) of the Act |
None
None
6 March 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 12.15pm on 7 March 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 September 2008.
On the information provided the authorising officer considered that:
The persons targeted by the operation are likely to commit offences of:
Importation of a commercial quantity of a border controlled drug, against section 307.1(1) of the Criminal Code.
Trafficking a commercial quantity of a border controlled drug, against section 302.2(1) of the Criminal Code.
Attempt to import a commercial quantity of a border controlled precursor into Australia, against section 307.11(1) by virtue of section 11.1(1) of the Criminal Code whether or not the major controlled operation takes place.
Each of the offences listed above are serious Commonwealth offences and attract a maximum penalty of a period of imprisonment for life or 7,500 penalty units or both.
The offences which are the subject of the major controlled operation involve the following activities:
Trafficking and possession of a commercial quantity of a border controlled drug, believed to be MDMA and the attempted importation of a commercial quantity of border controlled precursor into Australia, believed to be ephedrine or pseudoephedrine.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offences in relation to which the certificate was given and any suspected criminal activity that is related to those offences.
At 5.00pm on 15 May 2008, Tony Negus, Deputy Commissioner approved a variation to the certificate to ensure:
The success of the major controlled operation.
On 4 June 2008, Graham David Friedman, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Mr Friedman determined that the major controlled operation should remain in force for the duration of the certificate.
At 10.05am on 18 August 2008, Alan Scott, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation certificate.
The major controlled operation involved UCO’s undertaking meetings and communications with targets in relation to drug trafficking activities and the subsequent trafficking and possession of MDMA.
The following person was named as a target on the original certificate and remained a target at the conclusion of the major controlled operation:
Rob Karam
The following persons were not identified as targets in the original certificate, however were identified throughout the course of the major controlled operation:
Fadl Maroun
Danny Moussa
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 512512
AFP UCO 528322
AFP Undercover Controller 512512
AFP Undercover Controller 528322
The certificate authorised members of law enforcement agencies to engage in discussions, communications and arrangements with targets, regarding the purchase and importation of border controlled drugs and/or precursors, the subsequent purchase and importation of such border controlled drugs and/or precursors, and engage in conduct and/ or related activities.
| Type | MDMA |
| Weight/Quantity | Total: approximately 12,955 MDMA tablets
Estimated pure equivalent is 1.28kg (net) of MDMA |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | During the major controlled operation the illicit goods travelled from an unknown location, to Middle Park, Victoria, via road |
| Persons who had possession of the illicit goods | During the course of the major controlled operation the
following persons had possessions of the illicit goods:
Danny Moussa Fadl Maroun AFP UCO 52832 AFP UCO 51251 Federal Agent 11982 AFP member 15503 |
Some targets have been charged with drug related offences.
None
25 February 2008
David J Stewart
The application was made pursuant to section 15L of the Act.
At 3.55pm on 25 February 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 26 February 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit the offence of attempting to possess a marketable quantity of a border controlled drug, namely heroin, an offence against sections 11.1 and 307.9 of the Criminal Code, whether or not the controlled operation took place.
The offence against section 307.9 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for 25 years or 5,000 penalty units or both.
The offence that is subject of the controlled operation involves the importation of heroin from India in the suitcase of a courier purporting to be a tourist. When the suitcase was searched by members of the AFP and the Australian Customs Service upon the courier’s arrival at Sydney airport, an amount of brown powder with an estimated weight of approximately 1.5 kilograms, which then tested positively to the presence of heroin was discovered.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 7.45pm on 25 February 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
A controlled delivery of a fully substituted package purporting to contain heroin was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a consignment purporting to contain heroin.
| Type | Heroin |
| Weight/Quantity | 3.045kg |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Mumbai, India to Sydney Kingsford Smith Airport, Mascot, NSW, Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Customs Officer, Sean Brunell Customs Officer, Simon Hannaford Customs Officer, Mark O’Brien Customs Officer, Wade Rothwell Customs Officer, Robert Palejs Customs Officer, Matthew Hui Customs Officer, Cintia Rojas Federal Agent 15787 Federal Agent 11247 Federal Agent 16936 Federal Agent 16915 Federal Agent 10191 AFP member 10921 |
None
None
16 April 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 8.10am on 16 April 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 30 April 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit an offence against sections 11.1 and 307.6 of the Criminal Code whether or not the controlled operation took place.
The offence against sections 11.1 and 307.6 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or 5,000 penalty units or both.
The offence the subject of the controlled operation involves the attempted possession of a marketable quantity of a border controlled drug, namely heroin.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A fully substituted package purporting to contain heroin was delivered to a mailbox, however no person attended the mailbox to collect the package.
The following person was listed on the certificate and remained a target at the end of the controlled operation:
Ronny Obinna Okeke
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a consignment purporting to contain heroin, as well as related activities.
| Type | Heroin |
| Weight/Quantity | Approximately 200g (net) |
| Current Location | AFP Drugs and Property Registry
Samples sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From Indonesia to Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Customs Officer, Priscilla Houia Federal Agent 16920 Federal Agent 15976 AFP member 11977 |
One target has been charged with drug related offences.
None
16 April 2008
John Lawler
The application was made pursuant to section 15K of the Act.
At 9.20am on 17 April 2008, John Lawler Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 17 October 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences:
Providing or receiving training connected with terrorist acts contrary to section 101.2 of the Criminal Code.
Acts in preparation for, or planning, terrorist acts contrary to section 101.6 of the Criminal Code.
Training a terrorist organisation or receiving training from a terrorist organisation contrary to section 102.5 of the Criminal Code whether or not the major controlled operation took place.
The offences against sections 101.2, 101.6 and 102.5 of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of between 15 years and life imprisonment.
The offences the subject of the major controlled operation relate to an allegation involving a conspiracy to commit terrorist acts.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 10.15am on 10 October 2008, Michael J Keelty, Commissioner of the AFP, approved a variation to the certificate to ensure:
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
On 4 June 2008, Josephine Kelly, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Ms Kelly determined that the major controlled operation should remain in force for the duration of the certificate.
None
No opportunities arose during the period for UCO’s to engage the target in discussions and negotiations in relation to terrorist activity or training.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the use of UCO’s to engage in discussions and negotiations with, and provide material support to persons believed to be involved in the planning and/or aid terrorist activity, or terrorist training and, to engage in conduct and/or related activities.
No illicit goods were seized as part of the major controlled operation.
None
None
23 April 2008
Ramzi Jabbour
The application was made pursuant to section 15K of the Act.
At 3.09pm on 23 April 2008, Ramzi Jabbour, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 22 July 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit the following offences of:
Conspiracy to import into Australia a commercial quantity of border controlled precursor, namely pseudoephedrine, contrary to section 307.11 and section 11.5 of the Criminal Code, whether or not the controlled operation took place.
Import into Australia a commercial quantity of border controlled precursor, namely pseudoephedrine, contrary to section 307.11 of the Criminal Code, being an offence that is punishable on conviction by imprisonment for a period of 25 years or a pecuniary penalty of 5,000 units or both.
The offences specified above are serious Commonwealth offences and attract a maximum penalty of imprisonment 25 years or a pecuniary penalty of 5,000 units or both.
The offences the subject of the controlled operation involve the importation and possession of a border controlled precursor, namely pseudoephedrine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offences in relation to which the certificate was given and any suspected criminal activity that is related to those offences.
None
None
At 12.46pm on 5 June 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The controlled delivery of fully substituted package purporting to contain pseudoephedrine was conducted.
The following person was listed on the certificate and remained a target at the end of the controlled operation:
Bakhos Jalalaty
James Henry Kinch
Mark William Standen
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a fully substituted consignment purporting to contain pseudoephedrine, and related activities.
No illicit goods were seized as part of the controlled operation.
Some targets have been charged with drug related offences.
None
8 May 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 3.35pm on 8 May 2008, David J Stewart, an authorising officer within the meaning of 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 June 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit an offence against sections 11.1, 307.1 and 307.5 of the Criminal Code, whether or not the controlled operation took place.
The offence against sections 11.1, 307.1 and 307.5 Criminal Code and of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of life imprisonment, or 7,500 penalty units, or both in each instance.
The offence the subject of the controlled operation involves the attempted possession of a commercial quantity of border controlled drugs, namely cocaine and methamphetamine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 11.00am on 29 May 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The controlled delivery of a fully substituted package purporting to contain cocaine and methamphetamine was conducted.
The following person was listed on the certificate and remained a target at the end of the controlled operation:
Hai Van Nguyen
The following person was not identified as a target in the original certificate, however was identified throughout the course of the controlled operation:
Phuong Thu Thi Pham
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 15892
The certificate authorised the controlled delivery of a fully substituted package purporting to contain cocaine and methamphetamine.
| Type | Cocaine and methamphetamine |
| Weight/Quantity | Approximately 34kg cocaine and 17kg methamphetamine (net) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From Canada to Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 16270 Federal Agent 14976 Federal Agent 16282 Federal Agent 12009 |
All targets have been charged with drug related offences.
None
8 May 2008
Jamie Strauss
The application was made pursuant to section 15L of the Act.
At 12.45pm on 8 May 2008, Jamie Strauss, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 29 May 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit offences of possessing and importing a commercial quantity of border controlled drugs against sections 307.5(1) and 307.1 respectively of the Criminal Code, whether or not the controlled operation took place.
The offences of possessing and importing a commercial quantity of border controlled drugs against sections 307.5(1) and 307.1 respectively of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of imprisonment for life, or a fine of 7,500 penalty units, or both.
The offence the subject of the controlled operation involves the importation and possession of approximately 45 kilograms of MDMA powder.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled delivery of fully substituted package purporting to contain MDMA powder was conducted.
The following person was listed on the certificate and remained a target at the end of the controlled operation:
Rade Ljuboja
Dejan Medan
Dimitrios Papadimitriou
Vaso Ulic
Fabian Quaid
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Detective Senior Constable PD 09798
Detective Senior Constable PD 10573
Federal Agent 5304
The certificate authorised the controlled delivery of a fully substituted consignment purporting to contain MDMA powder, and related activities.
| Type | MDMA powder |
| Weight/Quantity | 44.41kg (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Europe to Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Detective Senior Constable PD 09798 Detective Senior Constable PD 10573 Federal Agent 5304 During the course of the controlled operation the following persons had possession of the illicit goods: Detective Senior Constable PD 09798 Detective Senior Constable PD 10573 Federal Agent 10813 Federal Agent 4629 Federal Agent 5304 AFP member 11546 AFP member 18082 AFP member 11280 AFP member 10971 |
Some targets have been charged with drug related offences.
None
28 May 2008
Brian McDonald
The application was made pursuant to section 15K of the Act.
At 12.30pm on 28 May 2008, Brian McDonald, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 10 June 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence against section 307.2 and 307.6 of the Criminal Code, whether or not the controlled operation took place.
The offence of importing marketable quantities of unlawfully imported border controlled drugs against section 307.2 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 25 years or 5,000 penalty units or both.
The offence of possession of a border controlled drug, namely methamphetamine powder, contrary to section 307.6 of the Criminal Code, being an offence that involves the possession of prohibited imports or that involves matters of the same general nature as the foregoing or that is of any other prescribed kind and which is punishable on conviction by imprisonment for a period of 25 years or 5,000 penalty units or both.
The offences subject of the controlled operation involves approximately 50 grams of methamphetamine powder, a marketable quantity of a border controlled drug.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person/s would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 2.10pm on Wednesday 4 June 2008, Brian McDonald, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
Attempts were made to deliver a fully substituted package purporting to contain methamphetamine however the package was not subsequently delivered.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a fully substituted package purporting to contain methamphetamine.
| Type | Methamphetamine |
| Weight/Quantity | 53.5kg (gross) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From Israel to Sydney prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the following persons had possession of the illicit goods:
Customs Officer, Andrew Esber Federal Agent 16067 Federal Agent 18336 AFP member 10921 AFP member 10954 |
None
None
29 May 2008
David J Stewart
The application was made pursuant to section 15K of the Act.
At 4.40pm on 29 May 2008, David J Stewart, an authorising officer within the meaning of 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 26 August 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit an offence against section 307.5 Criminal Code by virtue of section 11.1 of the Criminal Code and 307.1 of the Criminal Code, whether or not the controlled operation took place.
The offence against sections 307.5 Criminal Code by virtue of section 11.1 of the Criminal Code and 307.1 of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of life imprisonment, or 7,500 penalty units, or both in each instance.
The offence the subject of the controlled operation involves the importation and attempted possession of a commercial quantity of border controlled drugs, namely cocaine and methamphetamine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 2.10pm on 23 June 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
Civilian participants, in consultation with the AFP, engaged in telephone and email communication with the targets to facilitate the delivery of the consignment.
The following person was not identified as a target in the original certificate, however was identified throughout the course of the controlled operation:
Suzanne Cwalino
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a fully substituted consignment purporting to contain cocaine and methamphetamine.
| Type | Cocaine and methamphetamine |
| Weight/Quantity | Approximately 14kg cocaine and 17kg methamphetamine (net) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to the National Measurement Institute |
| Route through which the illicit goods travelled | From Canada to Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the following persons had possession of the illicit goods:
Customs Officer, Scott Wilson Federal Agent 18522 Federal Agent 11237 Federal Agent 18350 Federal Agent 10191 AFP member 19321 |
One target has been charged with drug related offences.
None
2 July 2008
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.00am on 2 July 2008, Tony Negus, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 1 January 2009.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit an offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$100,000 or more contrary to section 400.4 of the Criminal Code, whether or not the major controlled operation took place.
The offence of dealing with the proceeds of crime or the instrument of a crime, the value at the time being AUD$100,000 or more, contrary to section 400.4 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 20 years imprisonment or 1,200 penalty units or both.
The offence the subject of the major controlled operation involves the exporting of an unknown quantity of Australian currency believed to be the proceeds of crime, via electronic funds transfer out of Australia.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.05pm on 22 September 2008, David J Stewart, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation.
During the period in which the major controlled operations certificate was valid, no meetings took place with known or unknown persons that were the subject of the major controlled operation. As a result of this, no money laundering activities occurred under the authority of the major controlled operations certificate.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised conversations with syndicate members to negotiate the terms in relation to laundering of a sum of money.
No illicit goods were seized as part of the major controlled operation.
None
None
5 June 2008
Alan Scott
The application was made pursuant to section 15K of the Act.
At 11.12pm on 5 June 2008, Alan Scott, an authorising officer within the meaning of 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 July 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit offences of:
Import a commercial quantity of a border controlled drug, namely cocaine, contrary to section 307.1(1) of the Criminal Code.
Import a commercial quantity of a border controlled drug, namely MDMA, contrary to sections 11.1 and 307.1(1) of the Criminal Code.
The offences against sections 11.1 and 307.1 of the Criminal Code are serious Commonwealth offences and attract a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offences which are the subject of the controlled operation involve the importation of a commercial quantity of border controlled drugs, namely cocaine and MDMA.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 10.51am on 17 June 2008, Jamie Strauss, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The controlled delivery of a fully substituted consignment purporting to contain cocaine, methamphetamine and MDMA was conducted.
The following persons were not identified as targets in the original certificate, however were identified throughout the course of the controlled operation:
Ken Quyen Van Tang
Son Anh Pham
Thuan Thuan Le
Tien Trinh
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of a fully substituted consignment purporting to contain cocaine and MDMA.
| Type | Cocaine, methamphetamine and MDMA |
| Weight/Quantity | 124kgs cocaine (gross)
66kgs methamphetamine (gross) 121kgs MDMA (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Canada to Australia prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
Federal Agent 16405 AFP member 10886 AFP member 10923 AFP member 12376 AFP member 16354 AFP member 19268 AFP member 18101 AFP member 12150 AFP member 19321 AFP member 11496 |
Some targets have been charged with drug related offences.
None
13 June 2008
Timothy Morris
The application was made pursuant to section 15L of the Act.
At 3.05pm on 13 June 2008, Timothy Morris, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 12 July 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation are likely to commit an offence against sections 307.5 Criminal Code by virtue of section 11.1 of the Criminal Code and 307.1 of the Criminal Code, whether or not the controlled operation took place.
The offence against sections 307.5 Criminal Code by virtue of section 11.1 of the Criminal Code and 307.1 of the Criminal Code, are serious Commonwealth offences and attract a maximum penalty of life imprisonment, or 7,500 penalty units, or both in each instance.
The offences which are the subject of the controlled operation involve the attempted possession of a commercial quantity of border controlled drugs.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
This information has been excluded under the provisions of subsection 15T(4)(b) of the Act.
None
26 June 2008
Brian McDonald
The application was made pursuant to section 15K of the Act.
At 9.00am on 26 June 2008, Brian McDonald, an authorising officer within the meaning of 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 23 September 2008.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit offences of distributing infringing copy against section 132AI of the Copyright Act 1968 (Copyright Act), and dealing in proceeds of crime worth AUD$1,000 or more against section 400.7 of the Criminal Code, whether or not the controlled operation took place.
The offence of distributing infringing copy against section 132AI of the Copyright Act is a serious Commonwealth offence and attracts a maximum penalty of 5 years imprisonment and/or 550 penalty units.
The offence of dealing in proceeds of crime worth AUD$1,000 or more against section 400.7 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 5 years imprisonment and/or 300 penalty units.
The offences subject of the controlled operation involve the distribution of copyright infringing material in the form of electronic data files held on computers and the subsequent dealing in the proceeds of crime.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A controlled buy and download of copyright infringing material was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 5207
The certificate authorised the purchase of membership to a website that illegally made available copyright protected material for download by members.
| Type | Copyright infringing material (in electronic form) |
| Weight/Quantity | 1 x electronic file |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Material was downloaded from the internet. The specific location of the illicit goods source data is not yet known |
| Persons who had possession of the illicit goods | Federal Agent 5207 |
Some targets have been charged with copyright offences.
None
10 July 2006
Michael Keelty
The application was made pursuant to section 15K of the Act.
At 3.30pm on 11 July 2006, Michael Keelty, Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 5 January 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences:
Conspiracy to import a commercial quantity of border controlled drugs, contrary to Section 307.1(1) and 11.5(1) of the Criminal Code.
Import a commercial quantity of border controlled drugs contrary to Section 307.1(1) of the Criminal Code.
Aid, abet, counsel or procure others in the importation of a commercial quantity of a border controlled substance contrary to subsections 11.2(1) and 307.1 (1) of the Criminal Code, whether or not the major controlled operation takes place.
The offences specified are serious Commonwealth offences and attract a penalty of imprisonment for life or 7,500 penalty units, or both.
The offences the subject of the major controlled operation involve the importation of approximately 200 kilograms of narcotics namely but not restricted to cocaine.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 7.00am on 16 August 2006, Deputy Commissioner Lawler approved a variation to the certificate to ensure:
The success of the major controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
On 9 October 2006, Stephanie Forgie, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Ms Forgie determined that the major controlled operation should remain in force for the duration of the certificate.
At 11.08am on 15 December 2006, Paul Osborne an authorising officer within the meaning of section 15J of the Act terminated the major controlled operation certificate.
Discussions and negotiations occurred between the target and a UCO in relation to cocaine and MDMA. Two importations by the targets occurred, resulting in a purchase by the UCO of MDMA from the target.
Anton Englisch
Hernan Javier Andrade
This information has been excluded under the provisions of subsection 15T(3) of the Act.
AFP UCO 48012
AFP UCO 855192
The original certificate authorised discussions and negotiations between targets and UCO’s relating to the importation of narcotics, facilitation of delivery arrangements, and the subsequent purchase by UCO’s of narcotics from the targets. The variation of the certificate allowed for a controlled delivery of the narcotics.
| Type | Cocaine and MDMA |
| Weight/Quantity | Cocaine
Traces only MDMA 1780.4g (gross), 555.48g (net) |
| Current Location | Cocaine
Samples have been sent to the National Measurement MDMA AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Cocaine
Air cargo from Colombia, via Los Angeles, United States of America, arriving in Brisbane, Australia on Japan Airlines flight JL761 MDMA Air cargo from Netherlands to Sydney, Australia on Korean Air flight KE811 then to Brisbane, Australia via domestic mail |
| Persons who had possession of the illicit goods | Cocaine
Customs Officer, John Lake 8071 Customs Officer, Toni Wheeler 4229 Federal Agent 12176 MDMA Federal Agent 5142 Further information has been excluded under the provisions of subsection 15T(3) of the Act |
Some targets have been charged with drug related offences.
None
5 January 2007
John Lawler
The application was made pursuant to section 15K of the Act.
At 8.50am on 8 January 2007, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 February 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit an offence of using a carriage service for transmission of child pornography material contrary to section 474.19 of the Criminal Code, whether or not the major controlled operation took place.
The offence of using a carriage service for child pornography material against section 474.19 of the Criminal Code is a serious Commonwealth offence attracting a maximum penalty of 10 years imprisonment.
The person or persons targeted by the major controlled operation are likely to commit an offence of possessing, controlling, and producing, supplying or obtaining child pornography material for use through a carriage service against section 474.20 of the Criminal Code, whether or not the major controlled operation took place.
The offence of possessing, controlling, and producing, supplying or obtaining child pornography material for use through a carriage service against section 474.20 of the Criminal Code is a serious Commonwealth offence attracting a maximum penalty of 10 years imprisonment.
The person or persons targeted by the major controlled operation are likely to commit an offence of using a carriage service for child abuse material contrary to section 474.22 of the Criminal Code, whether or not the major controlled operation took place.
The offence of using a carriage service for child abuse material against section 474.22 of the Criminal Code is a serious Commonwealth offence attracting a maximum penalty of 10 years imprisonment.
The person or persons targeted by the major controlled operation are likely to commit an offence of possessing, controlling, and producing, supplying or obtaining child abuse material for use through a carriage service against section 474.23 of the Criminal Code, whether or not the major controlled operation took place.
The offence of possessing, controlling, and producing, supplying or obtaining child abuse material for use through a carriage service against section 474.23 of the Criminal Code is a serious Commonwealth offence attracting a maximum penalty of 10 years imprisonment.
The offences subject of the major controlled operation involve person or persons as yet unknown using a carriage service for child pornography and/or abuse material and using a carriage service for the purpose of possessing, controlling, producing, supplying or obtaining child pornography and/or abuse material, an illicit good as defined in section 3 of the Crimes Act 1914.
The person or persons the subject of this investigation will be engaged online on the Internet, also known as the World Wide Web, within a known child sex offender chat room that is under the covert control of the Child Exploitation and Online Protection Centre, United Kingdom. The software program called ‘WinMX’ will be used to facilitate the transfer of files containing child pornography and abuse material.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person or persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.35pm on 24 January 2007, Barry Turner terminated the controlled operation.
AFP UCO’s travelled to the United Kingdom and, in conjunction with law enforcement officers from other jurisdictions took over the running of an internet child sex offender chat room. The UCO’s communicated with online users of the chat room and gathered evidence of offences.
At the time of issue of the certificate the targets were unidentified users of an internet child sex offender chat room.
Since issue of the certificate, William Rodney Johnston has been identified as a target.
None
AFP UCO 373412
AFP Undercover Controller 385232
The certificate allowed UCO’s to engage with persons on an internet chat site, in order to facilitate the exchange of child pornography and child abuse material.
An unknown quantity of child pornography and child abuse images.
Sixty-three persons have been arrested across thirty-five countries as a result of this operation. Fourteen of the persons arrested have been classed as contact offenders. Twenty-two children have been rescued from abuse.
Four of the persons arrested during this operation were charged in Australia with State and/or Commonwealth offences relating to the possession and transmission of child pornography material.
One male has been convicted and three are before the Court.
None
22 February 2007
Peter Drennan
The application was made pursuant to section 15K of the Act.
At 10.03am on 23 February 2007, Peter Drennan, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 20 August 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed, are committing or will commit offences of:
Possess a forged document against section 145.2 of the Criminal Code.
The presentation of forged or false document section 234 of the Migration Act 1958 (Migration Act), whether or not the major controlled operation took place.
The offence of possession of a forged document against section 145.2 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of presentation of a forged or false document against section 234 of the Migration Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment or 1,000 penalty units.
The offences, the subject of the major controlled operation involve the production and provision of false and/ forged documents, including but not limited to taxation documents, New South Wales drivers licences and Medicare cards.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences which are subject of this major controlled operation.
Conducting a major controlled operation would enable law enforcement agencies to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons involved would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
On 17 May 2007, Geoffrey Walker, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Mr Walker determined that the major controlled operation should remain in force for the duration of the certificate.
None
Meetings and discussions were held with a target on a number of occasions and purchases of fraudulent identification documents and tax assessment documents were made.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 722052
The certificate authorised the purchase of illicit items from the targets.
| Type | Fraudulent identification documents and tax assessment documents |
| Weight/Quantity | Tax assessment documents
Fraudulent identity cards |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Handed by a target to the UCO in Sydney |
| Persons who had possession of the illicit goods | AFP UCO 72205
AFP Undercover Controller 72205 AFP Undercover Controller 64345 Federal Agent 124421 Federal Agent 124333 |
None
None
26 February 2007
Barry Turner
The application was made pursuant to section 15K of the Act.
At 5.05pm on 26 February 2007, Barry Turner, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 27 March 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the controlled operation may have committed an offence of conspiracy to import a border controlled drug, namely a marketable quantity of cocaine, contrary to the provisions of section 11.5 and 307.2 of the Criminal Code.
The offence of conspiracy to import a border controlled drug, contrary to the provisions of section 11.5 and 307.2 of the Criminal Code attracts a penalty of imprisonment for 25 years or 5,000 penalty units, or both.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled delivery of a consignment purporting to contain cocaine was conducted.
Billy Palemene
Ruben Hurtado
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 11793
Federal Agent 11796
Federal Agent 4588
Federal Agent 12037
The certificate authorised a controlled delivery of a package purporting to contain cocaine to the targets.
| Type | Cocaine |
| Weight/Quantity | Approximately 21kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Panama City to Memphis, Honolulu and Brisbane via
air prior to the commencement of the controlled operation.
From FedEx Brisbane to AFP Brisbane Headquarters during the course of the controlled operation |
| Persons who had possession of the illicit goods | Federal Agent 11793
Federal Agent 11796 AFP member 10412 Further information has been excluded under the provisions of subsection 15T(3) of the Act |
Some targets have been charged with drug related offences.
None
20 March 2007
David J Stewart
The application was made pursuant to section 15K of the Act.
At 2.30pm on 20 March 2007, David J Stewart, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 18 April 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the controlled operation have committed or are likely to commit an offence of:
Import a commercial quantity of a border controlled drug, namely cocaine, contrary to subsection 307.1(1) of the Criminal Code.
Attempt to possess a commercial quantity of a border controlled drug, namely, but not restricted to, cocaine, contrary to subsection 307.5(1) of the Criminal Code by virtue of section 11.1 of the Criminal Code whether or not the controlled operation took place.
The offences specified above are serious Commonwealth offences and attract a pecuniary penalty of imprisonment for 25 years or 5,000 penalty units, or both.
The offences the subject of the controlled operation involve the importation and attempted possession of 140 kilograms of a border controlled drug, namely cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 11.20am on 17 April 2007, Warren Gray, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The controlled delivery of a package purporting to contain methamphetamine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 2276
The certificate authorised a controlled delivery of a consignment purporting to contain cocaine, as well as aiding, abetting, counselling or procuring importation and possession offences.
| Type | Cocaine |
| Weight/Quantity | 141kg (gross) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Hong Kong to Sydney via air prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | No persons had possession of the illicit goods during the course of the controlled operation |
One target has been charged with importation and possession offences.
None
27 March 2007
Paul Osborne
The application was made pursuant to section 15K of the Act.
At 4.03pm on 27 March 2007, Paul Osborne, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 2 April 2007.
On the information provided, the authorising officer considered that:
The persons targeted by the controlled operation have committed the offences of:
Importing a commercial quantity of a border controlled drug contrary to Section 307.1(1) of the Criminal Code.
To aid, abet, counsel or procure others in the importation of a commercial quantity of a border controlled drug contrary to Sections 11.2(1) and 307.1(1) of the Criminal Code whether or not the controlled operation took place.
The offences specified above are serious Commonwealth offences and attract a maximum penalty of life imprisonment or 7,500 penalty units or both.
The offences the subject of the controlled operation involve the importation of a commercial quantity of methamphetamine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled delivery of a package purporting to contain methamphetamine was conducted.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 12176
The certificate authorised a controlled delivery of a package purporting to contain methamphetamine, as well as aiding, abetting, counselling or procuring importation offences.
| Type | Methamphetamine |
| Weight/Quantity | 1.04kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | From Vancouver to Sydney via air prior to the commencement of the controlled operation |
| Persons who had possession of the illicit goods | No persons had possession of the illicit goods during the course of the controlled operation |
Some targets have been charged with drug related offences.
None
18 May 2007
Peter Drennan
The application was made pursuant to section 15K of the Act.
At 2.40pm on 22 May 2007, Peter Drennan, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 22 November 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation has committed, is committing or will commit the offences of:
Using a carriage service to groom persons under 16 years of age contrary to section 474.27 of the Criminal Code (maximum penalty 12 years imprisonment) whether or not the major controlled operation took place.
Using a carriage service to procure persons under 16 years of age contrary to section 474.26 of the Criminal Code (maximum penalty 15 years imprisonment) whether or not the major controlled operation took place.
Possess child pornography, for use through a carriage service, contrary to section 474.20 of the Criminal Code (maximum penalty 10 years imprisonment) whether or not the major controlled operation took place.
Using a carriage service for child pornography material contrary to section 474.19 of the Criminal Code (maximum penalty 10 years imprisonment) whether or not the major controlled operation took place.
These offences are serious Commonwealth offences are serious Commonwealth offences within the meaning of section 15HB of the Act.
The above offences are offences that involve misuse of a computer or electronic communications, and/ or dealings in child pornography or material depicting child abuse, or that involve matters of the same general nature as one or more of the forgoing.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A UCO engaged targets on-line and using a mobile telephone in relation to grooming a person under 16 years of age.
The following persons were named as targets on the original certificate and remained targets at the conclusion of the major controlled operation:
Brendon Russell Sinclair
Keith Shepherd, also known as Keith Shepheard
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 603812
The certificate authorised communications in relation to grooming or procuring persons under the age of 16 for sexual activity.
| Type | Child pornography |
| Weight/Quantity | In excess of 2000 images and text messages |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Internet |
| Persons who had possession of the illicit goods | AFP UCO 60381
Federal Agent 4347 Federal Agent 5331 |
Some targets have been charged with drug related offences.
None
21 May 2007
Peter Wood
The application was made pursuant to section 15K of the Act.
At 3.25pm (WST) on 21 May 2007, Peter Wood, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 28 May 2007.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed the offences of:
Importing a border controlled drug, namely a quantity of cocaine, contrary to section 307.6 of the Criminal Code.
Importing a border controlled drug, namely a quantity of heroin, contrary to section 307.6 of the Criminal Code whether or not the controlled operation took place.
The offence of importing a border controlled drug against section 307.6 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of 25 years or 5,000 penalty units or both.
The offences the subject of the controlled operation involve the importation of two parcels both containing prohibited border controlled drugs. One parcel originated in India and was found to contain a painting. Concealed within the painting was approximately 200 grams of suspected heroin. The second parcel originated in Brazil and was found to contain a photo album. Concealed within the spine and sides of the album was approximately 100 grams of suspected cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled delivery of a package purporting to contain cocaine was attempted, however the package was not subsequently delivered.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of fully substituted packages purporting to contain cocaine and heroin.
| Type | Cocaine and heroin |
| Weight/Quantity | 0.2018kg of cocaine (net)
0.1013kg of heroin (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Via air freight from Brazil, entering Australia via Sydney
prior to the commencement of the controlled operation – cocaine
Via air freight from India to Singapore, entering Australia via Sydney prior to the commencement of the controlled operation – heroin |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation:
AFP member 10921 |
None
30 May 2007
Barry Turner
The application was made pursuant to section 15K of the Act.
At 2.30pm on 30 May 2007, Barry Turner, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 13 June 2007.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed the offences of:
Importing a border controlled drug, namely a quantity of cocaine, contrary to section 307.6 of the Criminal Code.
Importing a border controlled drug, namely a quantity of heroin, contrary to section 307.6 of the Criminal Code whether or not the controlled operation took place.
The offence of importing a border controlled drug against section 307.6 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for a period of 25 years or 5,000 penalty points, or both.
The offences the subject of the controlled operation involve the importation of two parcels both containing prohibited border controlled drugs. One parcel originated in India and was found to contain a painting. Concealed within the painting was approximately 200 grams of suspected heroin. The second parcel originated in Brazil and was found to contain a photo album. Concealed within the spine and sides of the album was approximately 100 grams of suspected cocaine.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 10.30am (WST) on 5 June 2007, Peter Wood, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
A controlled delivery of a fully substituted package purporting to contain cocaine and heroin was conducted.
The following persons were listed as targets on the original certificate remained targets at the conclusion of the controlled operation:
Joseph Toe
The following person was not identified as a target in the original certificate, however was identified throughout the course of the controlled operation:
Rachel Marsh
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised the controlled delivery of fully substituted packages purporting to contain cocaine and heroin.
| Type | Cocaine and heroin |
| Weight/Quantity | 0.2018kg of cocaine (net)
0.1013kg of heroin (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Via air freight from Brazil, entering Australia via Sydney
prior to the commencement of the controlled operation – cocaine
Via air freight from India to Singapore, entering Australia via Sydney prior to the commencement of the controlled operation – heroin |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation:
AFP member 10921 |
Some targets have been charged with drug related offences.
None
12 June 2007
Peter Wood
The application was made pursuant to section 15K of the Act.
At 3.04pm (WST) on 12 June 2007, Peter Wood, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 25 June 2007.
On the information provided the authorising officer considered that:
The person or persons targeted by the controlled operation have committed the offence of importing a commercial quantity of a border controlled drug, namely a quantity of Gamma-Butyrolactone (GBL), contrary to section 307.1 of the Criminal Code whether or not the controlled operation took place.
The offence of importing a commercial quantity of a border controlled drug against section 307.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for life or 7,500 penalty units, or both.
The offence the subject of the controlled operation involves the importation from the United Kingdom of one cardboard box containing four 5 litre bottles. Forensic examination determined the four bottles contained a quantity (22.33 kilograms, gross) of a prohibited border controlled drug, namely GBL.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 1.20pm (WST) on 20 June 2007, Peter Wood, an authorising officer within the meaning of section 15J of the Act, terminated the controlled operation.
The certificate authorised the controlled delivery of a package purporting to contain GBL.
The following person was named as a target on the original certificate and remained a target at the conclusion of the controlled operation:
Gordon James Nicholas
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 10237
| Type | GBL |
| Weight/Quantity | 22.33kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Shipped from the United Kingdom by postal service and arrived in Australia via Melbourne. Package was transferred to Adelaide and was intercepted prior to delivery |
| Persons who had possession of the illicit goods | No persons had possession of the illicit goods during the controlled operation |
One target has been charged with drug related offences.
None
20 June 2007
Paul Osborne
The application was made pursuant to section 15K of the Act.
At 10.27am on 20 June 2007, Paul Osborne, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 03 July 2007.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation has committed, is committing or will commit the offences of:
Importing a marketable quantity of a border controlled drug, contrary to section 307.2(1) of the Criminal Code.
To aid, abet, counsel or procure others in the importation of a marketable quantity of a border controlled drug, contrary to sections 11.2(1) and 307.2(1) of the Criminal Code whether or not the controlled operation took place.
The offences specified above are serious Commonwealth offences and attract a maximum penalty of imprisonment for 25 years or a pecuniary penalty of 5,000 penalty units or both.
The offences the subject of the controlled operation involve the importation of a marketable quantity of a border controlled drug, namely heroin.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
The controlled delivery of a package purporting to contain heroin.
The following person was named as a target on the original certificate and remained a target at the conclusion of the controlled operation:
Rene Rabago Barachina
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 16404
The certificate authorised the controlled delivery of a package containing heroin.
| Type | Heroin |
| Weight/Quantity | 0.273kg (net) |
| Current Location | AFP Drugs and Property Registry
A sample has been sent to National Measurement Institute |
| Route through which the illicit goods travelled | Prior to the commencement of the controlled operation, the illicit goods departed Vientina and Laos |
| Persons who had possession of the illicit goods | No persons had possession of the illicit goods during the course of the controlled operation |
All targets have been charged with drug related offences.
None
27 October 2005
John Lawler
The application was made pursuant to section 15K of the Act.
At 8.00am on 4 November 2005, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 1 May 2006.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences:
Conspiracy to import prohibited import contrary to Section 11.5(1) of the Criminal Code and Section 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act.
Import prohibited import contrary to Section 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act whether or not the major controlled operation takes place.
The offences specified are serious Commonwealth offences and attract pecuniary penalties not exceeding AUD$500,000 or imprisonment for 25 years, or both, in the case of a trafficable quantity, and a pecuniary penalty not exceeding AUD$750,000 or imprisonment for life, or both, in the case of a commercial quantity.
The offences the subject of the major controlled operation involve the importation of an unknown quantity of narcotics namely but not restricted to MDMA and cocaine.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
On 31 January 2006, Stephanie Forgie, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Ms Forgie determined that the major controlled operation should remain in force for the duration of the certificate.
None
Correspondence and a number of discussions took place between the targets and UCO’s, where the importation of narcotic goods was discussed.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 510002
AFP UCO 568002
UCO’s were authorised to infiltrate the criminal group to undertake discussions and negotiations with regard to the importation and distribution of narcotic goods.
No illicit goods were seized as part of the major controlled operation.
None
None
5 December 2005
John Lawler
The application was made pursuant to section 15K of the Act.
At 6.30am on 12 December 2005, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 12 March 2006.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed the offences of:
Make counterfeit money, contrary to Section 6 of the Crimes (Currency) Act 1981, (Crimes (Currency) Act) possess counterfeit money, contrary to Section 9 (1)(a) of the Crimes (Currency) Act, possession of paper that was intended for use with the making of counterfeit money contrary to Section 11 (2)(b) of the Crimes (Currency) Act, and receive stolen Commonwealth property, contrary to Section 132.1 of the Criminal Code whether or not the controlled operation took place.
The offence of make counterfeit money, Section 6 of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 14 years imprisonment.
The offence of possess counterfeit money, Section 9 of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offences the subject of the major controlled operation involve an alleged criminal conspiracy to produce high quality counterfeit Australian bank notes.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 8.05am on 30 January 2006, John Lawler, Deputy Commissioner, approved a variation to the certificate to ensure:
The success of the major controlled operation; and
That all those involved in the major controlled operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
None
None
Numerous contacts occurred between the UCO and one of the targets in relation to counterfeit currency.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 412652
The certificate authorised entering into negotiations in relation to, and taking possession of, counterfeit currency.
No illicit goods were seized as part of the controlled operation.
The investigation is continuing under major controlled operation certificate 2005–06/14.
29 March 2006
Peter Drennan
The application was made pursuant to section 15K of the Act.
At 2.10pm on 29 March 2006, Peter Drennan, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 27 June 2006.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed the offences of:
Make counterfeit money, contrary to Section 6 of the Crimes (Currency) Act 1981 (Crimes (Currency) Act).
Possess counterfeit money, contrary to Section 9 (1)(a) of the Crimes (Currency) Act.
Possession of paper that was intended for use with the making of counterfeit money contrary to Section 11(2)(b) of the Crimes (Currency) Act.
Receive stolen Commonwealth property, contrary to Section 132.1 of the Commonwealth Criminal Code, whether or not the major controlled operation took place.
The offence of make counterfeit money, Section 6 of the Crimes (Currency) Act, is a serious Commonwealth offence and attracts a maximum penalty of 14 years imprisonment.
The offence of possess counterfeit money, Section 9 of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of possession of paper that was intended for use with the making of counterfeit money contrary to Section 11(2)(b) of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of receive stolen Commonwealth property, contrary to Section 132.1 of the Commonwealth Criminal Code Act, is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offences the subject of the major controlled operation involve an alleged criminal conspiracy to produce high quality counterfeit Australian bank notes.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Numerous discussions occurred between the UCO and targets in relation to counterfeit currency.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 412652
The certificate authorised negotiations in respect of counterfeit currency and the subsequent acquisition and possession of counterfeit currency.
No illicit goods were seized as part of the major controlled operation.
A subsequent certificate, 2005–06/21, has been issued.
None
18 May 2006
John Lawler
The application was made pursuant to section 15K of the Act.
At 10.00am on 23 May 2006, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 7 July 2006.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation may have committed an offence against:
Section 270.7(1) of the Criminal Code – Deceptive recruiting for sexual services. Penalty: Imprisonment for 7 years.
Section 271.2(1B) of the Criminal Code – Offence of trafficking in person — Reckless as to the fact a person will be exploited. Penalty: Imprisonment for 12 years.
Section 271.2(2) of the Criminal Code – Offence of trafficking in person — Deceive another person that the person’s stay in Australia will involve exploitation. Penalty: Imprisonment for 12 years.
Section 271.2 (2B) of the Criminal Code – Trafficking in persons for the purpose of providing sexual services — There is an arrangement for the person to provide sexual services in Australia and the person is deceived as to the extent the person will be free to cease providing sexual services. Penalty: Imprisonment 12 years.
Section 11.1 of the Criminal Code — Attempt — in relation to each of the above offences.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 2.30pm on 25 May 2006, John Lawler, the Deputy Commissioner of the AFP, approved a variation to the certificate to ensure:
The success of the controlled operation; and
That all those involved in the operation had appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
None
None
A UCO held a number of discussions with one of the targets in an attempt to gather evidence of the offences the subject of the major controlled operation.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
AFP UCO 770012
AFP Undercover Controller 770012
The controlled operation permitted discussions between a UCO and targets in relation to the offences the subject of this major controlled operation.
None
It is anticipated that charges will be laid against a number of targets of this controlled operation.
14 June 2006
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.00am on 16 June 2006, Tony Negus, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 13 December 2006.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation are likely to commit the following offences:
Conspiracy to import a commercial quantity of border controlled drugs into Australia, contrary to Sections 11.5(1) and 307.1 of the Criminal Code.
Import a commercial quantity of border controlled drugs into Australia, contrary to Section 307.1 of the Criminal Code.
Conspiracy to import a prohibited import contrary to Section 11.5(1) of the Criminal Code and Section 233B(1)(b) of the Customs Act.
Import a prohibited import contrary to Section 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act, whether or not the major controlled operation took place.
A commercial quantity of MDMA is deemed to be a border controlled drug by virtue of section 314.4 of the Criminal Code. The maximum penalty for these offences is imprisonment for life or a pecuniary penalty of 7,500 penalty units or both.
The offences the subject of the major controlled operation involve the importation of an unknown quantity of narcotics namely but not restricted to MDMA and cocaine.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Discussions and correspondence between a target and UCO’s in relation to the proposed importation of narcotics.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 510002
The AFP utilised a UCO to infiltrate the criminal group and to undertake discussions and negotiations with regard to the proposed importation and distribution of narcotics.
No illicit goods were seized as part of the major controlled operation.
None
None
26 June 2006
Tony Negus
The application was made pursuant to section 15K of the Act.
At 5.00pm on 27 June 2006, Tony Negus, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 25 September 2006.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed offences of:
Urging violence within the community against section 80.2(5) of the Criminal Code, whether or not the major controlled operation took place.
The offence of urging violence within the community against section 80.2 (5) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 7 years imprisonment.
Use of a carriage service to menace, harass or cause offence against section 474.17 of the Criminal Code whether or not the major controlled operation took place.
The offence of using a carriage service to menace, harass or cause offence against section 474.17 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 3 years imprisonment.
The offences the subject of the major controlled operation involve use of a telecommunications carriage service to urge violence against the community.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Email correspondence between a target and UCO’s in relation to the offence of urging violence against a group.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 768902
The certificate authorised correspondence, discussions and negotiations between UCO’s and targets in relation to urging violence against a group.
No illicit goods were seized as part of the major controlled operation.
None
2005–06/10 and 2005–06/14
27 June 2006
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.30am on 28 June 2006, Tony Negus, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 24 October 2006.
On the information provided the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed the offences of:
Make counterfeit money, contrary to section 6 of the Crimes (Currency) Act 1981 (Crimes (Currency) Act).
Possess counterfeit money, contrary to section 9(1)(a) of the Crimes (Currency) Act.
Possession of paper that was intended for use with the making of counterfeit money contrary to section 11(2)(b) of the Crimes (Currency) Act.
Receive stolen Commonwealth property, contrary to section 132.1 of the Criminal Code, whether or not the major controlled operation took place.
The offence of make counterfeit money, section 6 of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 14 years imprisonment.
The offence of possess counterfeit money, section 9 of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of possession of paper that was intended for use with the making of counterfeit money contrary to section 11(2)(b) of the Crimes (Currency) Act is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of receive stolen Commonwealth property, contrary to section 132.1 of the Criminal Code Act, is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offences the subject of the major controlled operation involve an alleged criminal conspiracy to produce high quality counterfeit Australian bank notes.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Two discussions occurred between the UCO and one of the targets in relation to counterfeit currency.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 412652
The certificate authorised negotiations in respect of counterfeit currency and the subsequent acquisition and possession of counterfeit currency.
No illicit goods were seized as part of the major controlled operation.
None
None
11 September 2004
John Lawler
The application was made pursuant to section 15K of the Act.
At 9.07pm on 11 September 2004, John Lawler, the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 11 March 2005.
On the information provided, the authorising officer considered that:
The persons targeted by the major controlled operation are likely to commit an offence of conspiracy to commit a terrorist act against sections 11.5(1) and 101.1 of the Criminal Code, whether or not the major controlled operation took place.
The offence of conspiracy to commit a terrorist act against sections 11.5(1) and 101.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for life.
The offence that is the subject of the major controlled operation is a conspiracy involving a group of persons to commit an unspecified terrorist act in Australia for the stated purpose of forcing the Australian Government to withdraw its military troops from Iraq.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 2.00pm on 5 October 2004, Deputy Commissioner John Lawler approved a variation to the certificate to ensure:
The success of the controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
At 11.00am on 26 January 2005, Deputy Commissioner John Lawler approved a variation to the certificate to ensure:
The success of the controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
On 9 December 2004 Graham Friedman, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Mr. Freidman determined that the major controlled operation should remain in force for the duration of the certificate.
None
Meetings and discussions with targets for the purpose of planning and training for terrorist acts were held.
Abdul Nacer Benbrika
Hany Taha
Ahmad Raad
Majed Raad
Ezzit Raad
Shoue Hammoud
Fadl Sayadi
Bassam Raad
Shane Gregory Kent
Aimen Joud
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Victoria Police SIO39
The certificate authorised meetings and discussions with the targets regarding training and planning of terrorist acts.
No illicit goods were seized as part of the major controlled operation.
None
30 November 2004
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.50am on 2 December 2004, Tony Negus, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 1 March 2005.
On the information provided, the authorising officer considered that:
The following offence will be committed:
Possess money that is reasonably suspected of being the proceeds of crime in relation to a Commonwealth indictable offence or a foreign indictable offence of Commonwealth concern contrary to section 400.4(1) of the Criminal Code which is punishable by imprisonment for 20 years or 1,200 penalty units or both.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 1.50pm on 16 December 2004, John Lawler, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation certificate.
Meetings and discussions were held with targets in relation to the offences the subject of this certificate. Money suspected to be the proceeds of crime was handed to the AFP and subsequently repatriated to bank accounts in the USA.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 912532
The major controlled operation certificate allowed for a UCO to receive money, believed to be the proceeds of crime, from a target and repatriate that money to the United States through the banking system.
No illicit goods were seized as part of the major controlled operation.
Some targets have been charged with money laundering offences.
2004–05/07 and 2003–04/26
16 December 2004
John Lawler
The application was made pursuant to section 15K of the Act.
At 2.00pm on 16 December 2004, John Lawler, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 16 March 2005.
On the information provided, the authorising officer considered that:
The offence of dealing in money that is reasonably suspected of being the proceeds of crime in relation to a Commonwealth indictable offence or a foreign indictable offence of Commonwealth concern contrary to section 400.3(1) of the Criminal will be committed. The offence is punishable by imprisonment for 20 years or 1,200 penalty units or both.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 8.35am on 28 February 2005, Michael Phelan, an authorising officer within the meaning of section 15J of the Act, terminated the major controlled operation certificate.
Meetings and discussions were held with targets in relation to the offences the subject of this certificate. Money suspected to be the proceeds of crime was handed to the AFP and subsequently repatriated to bank accounts in the USA.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 912532
The major controlled operation certificate allowed for a UCO to receive money, suspected of being the proceeds of crime, from targets and repatriate that money to the United States through the banking system.
| Type | Money |
| Weight/Quantity | AUD$1,549,000 |
| Current Location | Unknown |
| Route through which the illicit goods travelled | During the controlled operation the illicit goods were deposited into nominated bank accounts |
| Persons who had possession of the illicit goods | Prior to the commencement of the controlled operation the
following persons had possession of the illicit goods:
This information has been excluded under the provisions of subsection 15T(3) of the Act During the course of the controlled operation the following persons had possession of the illicit goods: AFP UCO 91253 Federal Agent 11788 Federal Agent 4347 Federal Agent 4934 Federal Agent 11653 Federal Agent 12091 |
Some targets were charged with drug related offences.
None
20 May 2005
Francis Prendergast
The application was made pursuant to section 15K of the Act.
At 4.28pm on 20 May 2005, Francis Prendergast, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 19 June 2005.
On the information provided, the authorising officer considered that:
The person or person/s targeted by the controlled operation are likely to commit an offence against sections 141.1 and 142.1 of the Criminal Code and section 43(1) of the Crimes Act 1914, whether or not the controlled operation took place.
The offence of bribery of a Commonwealth public official against section 141.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offence of giving a corrupting benefit to a Commonwealth public official against section 142.1 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 5 years imprisonment.
The offence of attempting to pervert the course of justice against section 142.1 of the Crimes Act is a serious Commonwealth offence and attracts a maximum penalty of 5 years imprisonment.
The offence subject of the controlled operation involves alleged bribery to manipulate a current Commonwealth prosecution case against a target in order to reduce a custodial sentence.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
A number of meetings took place between the targets of the controlled operation and the civilian participant.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
Participation in monitored and recorded meetings with the targets of the controlled operation and discussing the alleged perversion of the course of justice and bribery of a Commonwealth official.
No illicit goods were seized as part of the controlled operation.
None
None
9 June 2005
Tony Negus
The application was made pursuant to section 15K of the Act.
At 4.00pm on 9 June 2005, Tony Negus, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 6 December 2005.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operations are likely to commit the following offences:
Conspiracy to import prohibited import contrary to sub-section 11.5(1) of the Criminal Code and subsections 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act.
Import prohibited imports contrary to subsections 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act, whether or not the major controlled operation took place.
The offences specified above are serious Commonwealth offences and attract a penalty of imprisonment for life or pecuniary penalties not exceeding AUD$750,000 or both, in the case of a commercial quantity.
The offences the subject of the major controlled operation involve the importation of an unknown quantity of narcotics namely MDMA.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 9.30am on 16 June 2005, Tony Negus, performing the duties of Deputy Commissioner approved a variation to the certificate to ensure:
The success of the major controlled operation; and
That all those involved in the operation have appropriate exemption under section 15I and appropriate indemnity under section 15IA of the Act.
On 2 September 2005 Stephanie Forgie, a nominated member of the AAT, was presented with an application for review of the major controlled operation. After considering the application Mrs Forgie determined that the major controlled operation should remain in force for the duration of the certificate.
None
Meetings occurred between UCO’s and a target in relation to the proposed importation of MDMA tablets and white powder suspected of being cocaine.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 244792
AFP UCO 403332
AFP UCO 237572
Negotiations between targets and UCO’s in respect of the proposed importation of MDMA and cocaine into Australia.
No illicit goods were seized as part of the major controlled operation.
None
None
21 June 2005
Tony Negus
The application was made pursuant to section 15K of the Act.
At 11.30am on 24 June 2005, Tony Negus, performing the duties of Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 19 December 2005.
On the information provided, the authorising officer considered that:
The persons targeted by the major controlled operations are likely to commit the following offences:
Conspiracy to import a commercial quantity of MDMA/3,4-Methylenedioxyamphetamine (MDA) into Australia, contrary to sub-section 11.5(1) of the Criminal Code and subsections 233B(1)(a)(iii) and 233B(1)(b) of the Customs Act.
Conspiracy to import Tier 1 goods into Australia, contrary to subsection 11.5(1) of the Criminal Code and subsection 233BAA(4) of the Customs Act, whether or not the major controlled operation took place.
The offences specified above are serious Commonwealth Offences and attract a penalty of imprisonment for life, or pecuniary penalties not exceeding AUD$825,000 or both (in respect of a commercial quantity of MDMA and/or MDA) and imprisonment for a maximum of five years or pecuniary penalties not exceeding AUD$110,000 (in respect of Tier 1 goods).
The offences the subject of the major controlled operation involve the attempted importation of commercial quantities of MDMA and MDA precursor chemicals (Tier 1 goods).
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 10.00am on 10 August 2005, major controlled operation certificate 2004–05/21 was surrendered.
A number of meetings took place between the targets of this major controlled operation and AFP UCO’s. The activity subject to the major controlled operation did not take place as the target advised that he was not interested in the project.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 256892
AFP UCO 255402
Meetings and discussions between targets and UCO’s in relation to the importation of MDMA and MDA precursor chemicals into Australia.
No illicit goods were seized as part of the major controlled operation.
None
None
18 August 2003
Pavle Jevtovic
The application was made pursuant to section 15K of the Act.
At 6.00pm on 18 August 2003, Pavle Jevtovic, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 25 August 2003.
On the information provided, the authorising officer considered that:
The person or persons targeted by the controlled operation have committed an offence of import prohibited import into Australia against Section 233B(1)(b) of the Customs Act, whether or not the controlled operation took place.
The offence of import prohibited import against Section 233B(1) (b) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of 25 years imprisonment or a pecuniary penalty of AUD$500,000 or both.
Conducting a controlled operation, will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 4.15pm on 25 August 2003, controlled operation certificate 2003–04/04 was terminated.
The controlled delivery of fully substituted packages purporting to contain heroin took place.
Four envelopes containing an inert substance were placed in three Post Office boxes.
The envelopes were secured in the evening and returned to the Post Office boxes each morning. 24-hour surveillance was conducted upon the Post Office in an effort to identify any suspects arriving to collect the envelopes.
No persons attempted to collect the envelopes.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
Federal Agent 10047
Federal Agent 12044
Federal Agent 10335
Federal Agent 12039
Federal Agent 11793
Federal Agent 12038
Federal Agent 4133
Federal Agent 11644
Federal Agent 10502
The certificate authorised a fully substituted delivery purporting to contain heroin.
| Type | Heroin |
| Weight/Quantity | 868.3g (net) |
| Current Location | A sample of the narcotic goods was sent to the Australian
Forensic Drug Laboratories for analysis.
A sample of narcotic goods was sent to the Joint Drugs Intelligence Taskforce. The bulk of the narcotics have been destroyed |
| Route through which the illicit goods travelled | Phnom Penh, Cambodia to Sydney Australia
Sydney to the Gold Coast Queensland |
| Persons who had possession of the illicit goods | Members of the AFP |
None
3 September 2003
John Lawler
The application was made pursuant to section 15K of the Act.
At 12.10pm on 4 September 2003, John Lawler, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 4 March 2004.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation was likely to commit an offence of import a prohibited import contrary section 233B of the Customs Act, whether or not the major controlled operation took place.
The offence of import a prohibited import against section 233B of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment or a fine not exceeding AUD$750,000 or both.
The offence of conspiring with another person with the intention of dishonestly obtaining a gain from a third person and the third person is a Commonwealth entity against section 135.4 of the Criminal Code Act 1995 is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offences the subject of the major controlled operation involved targeting the acquisition of false passports using forged documents and the importation of a commercial quantity of cocaine, a prohibited import under Schedule VI of the Customs Act.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offence/s subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
This major controlled operation was reviewed by a nominated AAT member, Donald Muller, on 1 December 2003. The finding of the review was that the major controlled operation should remain in force until 4 March 2004.
At 9.45am on 28 January 2004, major controlled operation certificate 2003– 04/08 was terminated.
Meetings and discussions were held between a UCO and targets attempting to acquire falsified passports to facilitate a further importation of illicit goods.
Francis Ignacio Burns
None
AFP UCO 469052
The certificate authorised a UCO to facilitate the issue of false passports and to identify persons involved in an alleged conspiracy to import cocaine into Australia.
No illicit goods were seized as part of the major controlled operation.
One target has been charged with drug related offences.
15 October 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 7.20pm on 16 October 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 15 April 2004
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation was likely to commit an offence of import a prohibited import, namely firearms, contrary to section 233BAB(5) of the Customs Act, whether or not the major controlled operation took place.
The offence of import a prohibited import against section 233BAB(5) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for 10 years, or a fine not exceeding AUD$275,000 or both.
The offence that is the subject of this major controlled operation was believed to be an impending illegal importation of firearms within a container of furniture being sent from Italy. It was believed the container holding those firearms would be imported into Melbourne, Australia.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
At 2.15pm on 13 January 2004, John Davies, Deputy Commissioner of the AFP approved a variation to the certificate to ensure:
The success of the major controlled operation.
This controlled operation was reviewed by AAT member, Joan Dwyer, on 14 January 2004. The finding of the review was that the major controlled operation should not remain in force beyond the three month review date.
None
Discussions and meetings were held with targets in relation to the importation of illegal firearms.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 195632
The certificate authorised discussions and meetings between a UCO and targets to import firearms.
No illicit goods were seized as part of the major controlled operation.
None
2003–04/03 and 2003–04/07
19 November 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 6.25pm on 19 November 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 19 February 2004.
On the information provided, the authorising officer considered that:
The persons targeted by the major controlled operation was likely to commit offences of importing prohibited imports into Australia contrary to section 233B(1)(b) of the Customs Act.
Without reasonable excuse possessing prohibited imports which have been imported into Australia contrary to section 233B(1)(b) of the Customs Act.
Conspiring to commit an offence pursuant to section 233B(1)(b) of the Customs Act of importing a prohibited import into Australia contrary to section 11.5(1) of the Criminal Code Act 1995.
Dealing in the proceeds of crime to the value of AUD$10,000 or more contrary to section 400.6(1)(a)(b)(i) of the Criminal Code Act, whether or not the controlled operation took place.
The offence of importing prohibited imports into Australia contrary to section 233B(1)(b) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty if a commercial quantity, of life imprisonment or a fine not exceeding AUD$750,000 or both, or if a trafficable quantity it attracts a maximum penalty of 25 years imprisonment or a fine not exceeding AUD$500,000 or both.
The offence of possessing without reasonable excuse a prohibited import into Australia contrary to section 233B(1)(c) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty if a commercial quantity of life imprisonment or a fine not exceeding AUD$750,000 or both or if a trafficable quantity it attracts a maximum penalty of 25 years imprisonment or a fine not exceeding AUD$500,000 or both.
Conspiring to commit an offence pursuant to section 233B(1)(b) of the Customs Act of importing prohibited imports into Australia is a serious Commonwealth offence contrary to section 11.5(1) of the Criminal Code. Section 11.5 of the Criminal Code states that a person who conspires with another person to commit an offence punishable by imprisonment for more than 12 months or by a fine of 200 penalty units or more, is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.
A conspiracy to import a prohibited import into Australia attracts a maximum penalty if a commercial quantity of life imprisonment or a fine not exceeding AUD$750,000 or both, or if a trafficable quantity it attracts a maximum penalty of 25 years imprisonment or a fine not exceeding AUD$500,000 or both.
The offence of the dealing in proceeds of crime including money valued at more than AUD$10,000 contrary to section 400.6(1)(a)(b) (i) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment and a fine not exceeding 600 penalty units or both.
The offences the subject of the major controlled operation involve the importation and distribution of a commercial quantity of MDMA and the dealing with the proceeds of crime valued at more than AUD$10,000.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 11.30am on 19 January 2004, major controlled operation certificate 2003–04/14 was terminated.
Discussions and meeting were held with targets in relation to importation of prohibited imports and dealing in proceeds of crime.
The following persons were named as targets on the original certificate and remained targets at the conclusion of the major controlled operation:
Steve Holliday
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 830092
The certificate authorised meetings, discussions and exchanges of cash in relation to the offences the subject of this major controlled operation.
| Type | Cash |
| Weight/Quantity | AUD$80,000 |
| Current Location | United Kingdom |
| Route through which the illicit goods travelled | Australia to the United Kingdom |
| Persons who had possession of the illicit goods | Steven Holliday
AFP UCO 83009 Individual 2 |
Mr Holliday was found guilty and sentenced to 18 months imprisonment.
Other targets were charged with drug related offences.
None
3 December 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 4.30pm on 3 December 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 2 January 2004.
On the information provided, the authorising officer considered that:
The person targeted by the major controlled operation was likely to commit the offence of knowingly collecting or making documents likely to facilitate terrorist acts against sections 101.5(1), and other acts done in preparation for, or planning, terrorist acts section 101.6(1) of the Criminal Code, financing terrorism section 103.1(1) of the Criminal Code, whether or not the major controlled operation took place.
The offence of knowingly collecting or making documents likely to facilitate terrorist acts against section 101.5(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 15 years.
The offence of other acts done in preparation for or planning, terrorist acts against section 101.6(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment.
The offence of financing terrorism section 103.1(1) of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment.
The offence the subject of the major controlled operation involves the anticipated preparation and planning of a terrorist act.
The offences are, knowingly collecting or making documents likely to facilitate terrorist acts, other acts done in preparation for, or planning, terrorist acts and financing terrorism.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the person would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 6.00pm on 4 December 2003, major controlled operation certificate 2003–04/15 was terminated.
Meetings and negotiations were held with the target in relation to the facilitation of terrorist acts.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 2772
The certificate authorised a meetings and purchase of a video tape from the target by a UCO.
No illicit goods were seized during the conduct of this major controlled operation.
One target was charged with terrorist related offences, found not guilty, however was convicted on a separate charge.
None
31 March 2004
Audrey Fagan
The application was made pursuant to section 15K of the Act.
At 4.36pm on 31 March 2004, Audrey Fagan, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 29 April 2004.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed or are likely to commit an offence of dealing with money, believed to be proceeds of crime, an amount exceeding AUD$100,000 against section 400.4(1) of the Criminal Code, whether or not the major controlled operation took place.
This is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for 20 years or 1,200 penalty units or both.
The offence the subject of the major controlled operation involves dealing with money, believed to be proceeds of crime, namely the transfer of approximately USD$160,000 out of Australia.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons in Australia who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 12.45pm on 19 April 2004, major controlled operation certificate 2003–04/26 was terminated.
Meetings between syndicate members, registered informant R1239172 and UCO 11789 resulted in money, suspected of being the proceeds of crime, being delivered to UCO11789. That money was deposited into various bank accounts that were nominated by R123917.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 117892
The receipt of the proceeds of crime and the transfer of these proceeds of crime out of Australia.
| Type | Cash |
| Weight/Quantity | USD$96,000 |
| Current Location | Unknown |
| Route through which the illicit goods travelled | Deposited in Sydney into nominated bank accounts |
| Persons who had possession of the illicit goods | UCO 11789
Further information has been excluded under the provisions of subsection 15T(3) of the Act |
None
None
16 June 2004
Graham Ashton
The application was made pursuant to section 15K of the Act.
At 2.25pm on 16 June 2004, Graham Ashton, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 16 December 2004.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation will commit or are likely commit the offences against sections 233B(1)(b) and 233BAA(4) of the Customs Act whether or not the major controlled operation took place.
The above offences sections 233B(1) (b) and 233BAA(4) of the Customs Act, are serious Commonwealth offences and each attract a maximum penalty of 25 years and 5 years respectively.
The offences the subject of the major controlled operation involved the importation of narcotics contrary to Schedule IV of the Customs Act and 100kg of pseudoephedrine contrary to Schedule 4 of the Customs (Prohibited Imports) Regulations 1956.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia who are involved in the commission of the offences subject of the controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
This major controlled operation was reviewed by a nominated AAT member, Bernard McCabe, on 16 September 2004. The review concluded that the major controlled operation should remain in force until 16 December 2004.
None
A major controlled operation involving UCO’s was commenced on 16 June 2004, to infiltrate, collect evidence and provide timely intelligence relating to an organised Australian based criminal group that is involved in the planning and organising of a narcotic importation into Australia in accordance with the provisions of Part 1AB of the Crimes Act 1914.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 830002
The certificate authorised an AFP UCO to be introduced to the Australian based syndicate intending to import the drugs.
No illicit goods were seized as part of this major controlled operation.
None
None
10 June 2004
John Lawler
The application was made pursuant to section 15K of the Act.
At 5.05pm on 10 June 2004, John Lawler, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 8 September 2004.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation have committed an offence of possession of a commercial quantity of narcotic goods reasonably suspected of being imported into Australia, contrary to Section 233B(1)(ca) of the Customs Act, whether or not the major controlled operation took place.
The offence of possession of a commercial quantity of narcotic goods reasonably suspected of being imported into Australia against Section 233B(1)(ca) of the Customs Act is a serious offence and attracts a maximum penalty of imprisonment for 25 years or a fine not exceeding AUD$500,000 or both.
The subject of the major controlled operation involves the utilisation of a UCO to purchase six kilograms of heroin.
Conducting a major controlled operation would provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offence subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 3.10pm on 13 July 2004, major controlled operation certificate 2003–04/37 was terminated.
On 6 July 2004, Yasir Malik, born 8 October 1975, Pakistani National, arrived in Melbourne per flight EK404 from Dubai. Mr Malik was subjected to a 100% baggage search with negative result. Mr Malik was observed to travel to a hotel in Melbourne and make a number of public telephone calls. Later that day, Mr Malik was observed meeting with a person believed to be Individual 1, and take possession of a bag with unknown contents. Surveillance and electronic monitoring of Mr Malik was maintained, and Mr Malik was identified making/receiving several telephone calls to persons in Australia and overseas, including Individual 2, in Pakistan.
On 7 July 2004, Mr Malik was observed to check out of the hotel and check into a second hotel, in Melbourne.
On 8 July 2004, AFP UCO 86995 made telephone contact with Yasir Malik and confirmed that Mr Malik was interested in doing business with him. Arrangements were subsequently made for UCO 86995 to meet Mr Malik on 9 July 2004, in Melbourne, in order to discuss the purchase of a quantity of heroin from Mr Malik.
On the evening of 8 July 2004, investigations identified that Mr Malik was in contact with an unknown male in Sydney, and made arrangements to travel from Melbourne to Sydney to meet with this unknown male and supply him an unknown quantity of heroin the following day. Surveillance observed Mr Malik depart Melbourne on a bus to Sydney, on the morning of 9 July 2004, despite previously making arrangements to meet UCO 86995 in Melbourne that same day. As a result, Mr Malik was arrested while on a bus and was found to be in possession of a cardboard bundle containing approximately 900 grams of brown heroin. The heroin was concealed within fourteen clip seal bags with pieces of cardboard stuck on the sides, indicating that the plastic bags had possibly been concealed in the sides of cardboard boxes. Mr Malik was charged with being in possession of a prohibited import and remanded in custody to reappear before the Melbourne Magistrates Court on 30 September 2004.
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
Yasir Malik
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 869952
The AFP UCO was authorised to conduct the controlled purchase of heroin from Yasir Malik or Individual 2, in accordance with the provisions of Part 1AB of the Crimes Act 1914. The AFP UCO subsequently made phone contact with Mr Malik and arranged to meet him in Melbourne on 9 July 2004. For reasons outlined above, this meeting did not occur.
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
| Type | A trafficable quantity of brown heroin |
| Weight/Quantity | 900g (net) |
| Current Location | Destroyed |
| PROMIS Seizure Numbers | 2955248/01 |
| Route through which the illicit goods travelled | Unknown |
| Persons who had possession of the illicit goods | Yasir Malik |
One target was charged with drug related offences.
None
17 June 2004
Graham Ashton
The application was made pursuant to section 15K of the Act.
At 2.33pm on 18 June 2004, Graham Ashton, performing the duties of the Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 18 July 2004.
On the information provided, the authorising officer considered that:
The person or persons targeted by the major controlled operation were likely to commit the following offences whether or not the major controlled operation took place:
Conspiracy to import prohibited imports into Australia, namely narcotic goods being a commercial quantity of heroin, contrary to section 11.5(1) of the Criminal Code and section 233B(1)(b) of the Customs Act, a serious Commonwealth offence punishable by imprisonment for life or a fine not exceeding AUD$750,000 or both.
Import prohibited imports into Australia, namely narcotic goods being a commercial quantity of heroin, contrary to section 233B(1) (b) of the Customs Act, a serious Commonwealth offence punishable by imprisonment for life, or a fine not exceeding AUD$750,000 or both.
Possess prohibited imports, namely narcotic goods being a commercial quantity of heroin, contrary to section 233B(1)(c) of the Customs Act, a serious Commonwealth offence punishable by imprisonment for life, or a fine not exceeding AUD$750,000 or both.
Dealing in the proceeds of crime worth AUD$100,000 or more, namely a quantity of cash believed to be the proceeds of crime, contrary to section 400.4(1)(a)(i) of the Criminal Code, a serious Commonwealth offence punishable by imprisonment for 20 years or AUD$120,000, or both.
The offences the subject of the major controlled operation involved targeting the importation of a commercial quantity of heroin, a prohibited import under Schedule VI of the Customs Act.
Conducting a major controlled operation provided police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
At 11.25am on 30 June 2004, major controlled operation certificate 2003–04/40 was terminated.
A controlled delivery was undertaken of fully substituted packages of heroin.
The following persons were identified as targets on the original certificate and remained targets at the conclusion of the major controlled operation:
Chi Nguyen
Viet Dung Ong
None
AFP UCO 840052
Royal Thai Police UCO 852912
Royal Thai Police UCO 831122
A meeting took place and the fully substituted packages of heroin were exchanged for money with the target.
| Type | Heroin |
| Weight/Quantity | 2.67kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Heroin travelled from Bangkok Thailand to Melbourne Australia via air |
| Persons who had possession of the illicit goods | Royal Thai Police UCO 85291
Federal Agent 5264 Federal Agent 10636 |
Some targets were charged with drug related offences.
None
24 January 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 6.20pm on 24 January 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of section15J of the Act, issued a certificate authorising a major controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 23 July 2003.
On the information provided, the authorising officer considered that:
The persons targeted by the controlled operation are likely to commit an offence of import a prohibited import contrary section 233B of the Customs Act, whether or not the major controlled operation took place.
The offence of import a prohibited import against section 233B of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment or a fine not exceeding AUD$750,000 or both.
The offence of conspiring with another person with the intention of dishonestly obtaining a gain from a third person and the third person is a Commonwealth entity against section 135.4 of the Criminal Code is a serious Commonwealth offence and attracts a maximum penalty of 10 years imprisonment.
The offences the subject of the major controlled operation involves targeting the acquisition of false passports using forged documents and the importation of a commercial quantity of cocaine, a prohibited import under Schedule VI of the Customs Act.
Conducting a major controlled operation will provide police with an opportunity to identify those persons in Australia and overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
On 15 April 2003, a review was conducted by the AAT member Bernard Joseph McCabe. Mr McCabe determined that the certificate should remain in force until its expiration on 23 July 2003.
None
Discussions and meetings were held between the AFP and targets in order to arrange the fake documents and importation of drugs.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Federal Agent 5285
Federal Agent 4604
The certificate authorised discussions and meetings with targets in relation to importing false documents and drugs.
None
No arrests were made in relation to this certificate. A new certificate (2003–04/08) was issued on 4 September 2003.
None
14 March 2003
Tony Negus
The application was made pursuant to section 15K of the Act.
At 3.30pm on 14 March 2003, Tony Negus, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 14 April 2003.
On the information provided, the authorising officer considered that:
The persons targeted by the controlled operation, are likely to commit the offence of importing a prohibited import, being narcotic goods not less than the commercial quantity applicable to heroin, contrary to Section 233B(1)(b) of the Customs Act, whether or not the controlled operation took place.
The offence of importing a prohibited import, being narcotic goods not less than the commercial quantity applicable to heroin, contrary to Section 233B(1)(b) Customs Act, is a serious Commonwealth offence and attracts a maximum penalty of life imprisonment.
The offences which are the subject of the controlled operation involve the importation, and possession, of a commercial quantity of cocaine, believed to be approximately 70 tonnes.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
Further information has been excluded under the provisions of subsection 15T(3) of the Act.
At 6.15pm on 27 March 2003, Tony Negus authorised a variation to controlled operation certificate 2002–03/48.
None
None
Meetings and discussions were held with the targets in relation to the importation of prohibited narcotics.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
No law enforcement officer acted in reliance on the certificate.
The certificate authorised meetings and discussions in relation to the importation of prohibited narcotics.
No illicit goods were seized as part of the controlled operation.
No arrests have been made in relation to this controlled operation however the targets were prosecuted for related offences.
2002–03/31
27 March 2003
Michael Keelty
The application was made pursuant to section 15K of the Act.
At 5.30pm on 28 March 2003, Michael Keelty, Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 23 May 2003.
On the information provided, the authorising officer considered that:
The person/s targeted by the major controlled operation are likely to commit an offence of import a prohibited import of narcotics, namely cocaine contrary to section 233B(1)(b) of the Customs Act, whether or not the controlled operation took place.
The offence of import a prohibited import against section 233B(1) (b) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty imprisonment for 25 years or a fine not exceeding AUD$500,000 or both, in the case of a trafficable quantity, imprisonment for life, or a fine not exceeding AUD$750,000 or both, in the case of a commercial quantity.
The offence that is the subject of the controlled operation is believed to be an impending importation of a trafficable quantity of cocaine within a package being sent from South America. It is believed the package carrying the cocaine will be imported into Melbourne, Australia.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
On 22 May 2003, controlled operation certificate 2002–03/50 was terminated.
Discussions with the target took place in relation to the delivery of drugs.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
Victoria Police UCO 1292
Three telephone conversations between the target and UCO 129.
No illicit goods were seized as part of the controlled operation.
None
None
23 April 2003
Francis Prendergast
The application was made pursuant to section 15K of the Act.
At 5.10pm on 23 April 2003, Francis Prendergast, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 29 April 2003.
On the information provided, the authorising officer considered that:
The persons targeted by the controlled operation may commit an offence of possessing a prohibited import, namely heroin, contrary to Section 233B(1)(c) of the Customs Act, whether or not the controlled operation took place.
The offence of possessing a prohibited import against Section 233B(1)(c) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for 25 years, or a fine not exceeding AUD$500,000 or both, in the case of a trafficable quantity, imprisonment for life, or a fine not exceeding AUD$750,000 or both, in the case of a commercial quantity.
The offence which is the subject of the controlled operation involves the possession of 75 kilograms of heroin which is believed to have been imported into Australia, contrary to Section 2338(1)(c) of the Customs Act.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences and the location of the heroin subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons and location of heroin.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Meetings and discussions were held with targets in relation to the offences the subject of this controlled operation.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 722
The certificate authorised a UCO enter into discussions with those persons identified relating to the location of heroin.
| Type | Heroin |
| Weight/Quantity | 50kg (net) |
| Current Location | AFP Drugs and Property Registry |
| Route through which the illicit goods travelled | Imported from Korea in a shipping container, route unknown |
| Persons who had possession of the illicit goods | This information has been excluded under the provisions of subsection 15T(3) of the Act |
Some targets have been charged with drug related offences.
29 April 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 1.53pm on 29 April 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 28 June 2003.
On the information provided, the authorising officer considered that:
The persons targeted by the controlled operation may commit an offence of possessing a prohibited import, namely heroin, contrary to Section 233B(1)(b) of the Customs Act, whether or not the controlled operation took place.
The offence of import prohibited import against Section 233B(1) (b) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty 25 years imprisonment or a fine of AUD$500,000 or both, in the case of a trafficable quantity, and imprisonment for life, or a fine not exceeding AUD$750,000 or both, in the case of a commercial quantity.
The offence the subject of the controlled operation involves the possession of 75 kilograms of heroin which is believed to have been imported into Australia, contrary to Section 233B(1)(b) of the Customs Act.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the major controlled operation.
Conducting a major controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Meetings and discussions were held with targets in relation to the offences the subject of this controlled operation.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 128732
AFP UCO 722
The certificate authorised meetings and discussions with targets in relation to the possession of heroin.
No illicit goods were seized as part of the controlled operation.
Some targets have been charged with drug related offences.
None
1 May 2003
John Davies
The application was made pursuant to section 15K of the Act.
At 10.10am on 2 May 2003, John Davies, Deputy Commissioner of the AFP, an authorising officer within the meaning of section 15J of the Act, issued a certificate authorising a controlled operation to be undertaken.
The certificate was issued for the period commencing on the date of issue until 31 July 2003.
On the information provided, the authorising officer considered that:
The persons targeted by the major controlled operation are likely to commit an offence of import a prohibited import, namely firearms, contrary to Section 233BAB(5) of the Customs Act, whether or not the controlled operation took place.
The offence of import a prohibited import against Section 233BAB(5) of the Customs Act is a serious Commonwealth offence and attracts a maximum penalty of imprisonment for 10 years or a fine not exceeding AUD$275,000 or both.
The offence that is the subject of this controlled operation is believed to be an impending illegal importation. It is believed the container holding the goods will be imported into Melbourne, Australia.
Conducting a controlled operation will provide police with an opportunity to identify those persons in Australia and/or overseas who are involved in the commission of the offences subject of the controlled operation.
Conducting a controlled operation would enable the police to gather direct evidence of the involvement of those persons.
Based on previous experience it is likely that, if confronted, the persons would deny all knowledge.
In deciding to give the certificate, the authorising officer took into account to a significant degree the seriousness of the serious Commonwealth offence in relation to which the certificate was given and any suspected criminal activity that is related to that offence.
None
None
None
Meetings and discussions were held with targets in relation to the importation of firearms.
This information has been excluded under the provisions of subsection 15T(3) of the Act.
None
AFP UCO 195632
The certificate authorised meetings with targets in relation to the offences the subject of this controlled operation.
No illicit goods were seized as part of this controlled operation.
None
The office of the Integrity Commissioner and the Australian Commission for Law Enforcement Integrity (ACLEI) are established by the Law Enforcement Integrity Commissioner Act 2006 (the LEIC Act). ACLEI’s role is to assist the Integrity Commissioner to detect, investigate and prevent corruption in prescribed law enforcement agencies, presently the ACC, the AFP and the former National Crime Authority.
ACLEI may undertake controlled operations under Part 1AB of the Crimes Act in relation to the investigation of a corruption issue (within the meaning of the LEIC Act) concerning conduct that involves a serious Commonwealth offence or possible conduct that would involve a serious Commonwealth offence.
The Integrity Commissioner did not receive any applications for certificates to undertake controlled operations in the reporting period.
General inquiries about this report should be directed to:
Marketing Coordinator
Australian Federal Police
Marketing and Communications
GPO Box 401
Canberra ACT 2601
Email: marketing@afp.gov.au
Website: www.afp.gov.au
ISSN 0728-4691