Illicit Tobacco - Practical Investigation Tips A focus on search warrants, key elements of illicit tobacco investigations, working with State and Federal agencies and managing your risk.

1. Illicit Tobacco
Practical Investigation Tips
• Search Warrants: Obtaining & Execution
• Key elements of illicit tobacco investigations
• Working with State and Federal agencies
• Managing your risk – Advice from an LG
perspective
PETER NORMAN
ADVISORY
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2. Tobacco Act Search Warrants
• Requires written approval from CEO to be obtained – s36F
 Executive briefings and report for CEO
• Collating sufficient evidence to obtain warrant
 Informant statements / Test purchasing
• Preparing an affidavit in support of a warrant (or under oath)
• Consider the scope of your warrant (i.e. seizure of electronic
items)
 Indemnity for return of seized electronic items
PETER NORMAN ADVISORY

3. Executing Warrants
• Do you have an EH procedure for executing warrants?
 Number of EHO’s / Role of officers / Stakeholders
• Preparing a Warrant Execution Plan
 Assembly points / Distress cues / Operation Leader / Risk
Assessment
• Informing Council Communications team of operation
• Seizing documents – Certified copies to be provided in
21 days (s36J)
PETER NORMAN ADVISORY

4. Key Elements of Investigations
• Establishing tobacco as ‘main ingredient’ – NATA
analysis
Sections 11a (possess certain tobacco) and 8 (free samples) rely on
the definition of ‘tobacco product’ being satisfied:
“tobacco product means tobacco, cigarette or cigar or any other product
the main ingredient of which is tobacco and which is designed for human
consumption”
PETER NORMAN ADVISORY

5. Key Elements of Investigations
Section 11A – Offence to possess certain tobacco
products
A key focus of the investigation should be establishing a ‘person’:
 Is ‘carrying on’ a ‘tobacco retailing business’
o Working hours / Cash control/ Price setting / Wages / Job role
 Has ‘in possession’ or ‘under the persons control’
o Inventory facilitation / Who decides whether or not to sell?
 ‘The person knows’ or ‘ought reasonably know’
o Clandestine handling of goods – reasonable person would suspect
 ….. are ‘excisable’ or ‘smuggled’ goods
o Is suspect a long term smoker? If so, he/she would ought reasonably
know price is not legitimate (i.e. $40 for 100 cigarettes as opposed to
$130)

6. Key Elements of Investigations
Other factors to consider:
 Have free samples been
provided to test
purchasers or informants?
(section 8)
 Have cigarettes been
provided in packs less
than 20?
I.e. Small $5 trial bags or
‘pensioners packs’

7. Working with State & Federal Agencies
• Establish close relationships with local Police
o Council Community Safety Units possess strong local Police
relationships
o Seek to utilise Police property rooms for the storage of seized
items
o It is strongly recommended to have a Police presence in warrant
execution
o For ‘high risk’ suspects, undertake joint formal interviews with
Officers in Police interview rooms
o Seek Police advice on whether a suspect (or location) is high
risk
o Inform Police of impending test purchase activity
PETER NORMAN ADVISORY

8. Working with State & Federal Agencies
• Australian Border Force (ABF) & DHHS Tobacco Control Unit
o Inform agencies of current investigation
o Greatly enhance risk management capability in investigations
o Providing assurance to senior management – Council ‘is not going it alone’
o Provide Councils an enriched context to localised crime prevention
strategies
o Provide feedback to TCU on issues experienced with applying the legislation
and Illicit Tobacco Guideline
o Be open and willing to share information and assist in large scale operations
o Draw in the expertise of the ABF and Police in gathering evidence and
investigation techniques

9. Managing Risk – An LG Perspective
• Engage senior management from the onset, have an
informed discussion about Council’s role in illicit tobacco
• Removal from Electoral Role and silent numbers
• Use of body worn cameras
• Develop specific procedures for executing search warrants
• Promote successful regulatory action – increase community
awareness
• Exchange information/develop strong relationships with
stakeholders
• Engage professional advice from the onset

10. Jake Repacholi
Lead Advisor
Peter Norman Advisory
jrepacholi@peter-norman.com.au
PETER NORMAN ADVISORY
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