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SERVICE POLICE REPORT (FINAL) DECISION BRIEF FOR CO 2 RAR

In the matter of: Attempt to Import Prohibited items

OSCDF (ADFIS) DPSMS: INV-ADFOl-TVL-2016-47 IM-A (HQ Army) DOPS (HQ ADFIS)

This document must only be accessed by authorised personnel and pursuant to the Australian Privacy Principles under Privacy Act 1988 (Cth) provisions and DI(G)OPS 13-14 Australian Defence Force Investigative Service­Service Police Central Records Office. This document could be exempt from release under section 37 of the Freedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject to the jurisdiction of Section 70 ofthe Crimes Act 1914 (Cth). This document must not be on forwarded without PM-ADF or delegate approval.

"This report is distributed to the nominated addressees as directed by HQ ADFIS. This report is only to be further distributed on the basis of "need to know" and within limitations imposed by the Privacy Act 1988 (Cth). Persons reviewing this material should note that it may prevent them from being able to hear/deal (DFDA Trial) with this matter."

References: A. Service Police Assessment Report INV-ADFOl-TVL-2016- 47 of28 Nov 16 B. Defence Force Discipline Act 1982 s60(l)-Prejudicial conduct

Purpose

1. The purpose of this brief is to provide you with a Service Police (AD FIS) final report on the subject matter listed above and to recommend you agree that disciplinary and/or adverse administrative action is warranted.

Recommendations

2. It is recommended that you:

a. note that the Australian Border Force (ABF) have completed their enquiries into the following offence:

Reg Comd, ADFIS Northern Region

(, Dec 16

Comments:

MB Bassingthwaighte, DSM LTCOL C0,2RAR

Dec 16

Contact Officer: PONPC McGrory A/JIO Comd JIO - Townsville Telephone: 07 4411 1695

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(1) Customs Act 1901 Section 233 -Smuggling and unlawful importation of prohibited goods

NOTED I PLEASE DISCUSS

b. note that there is sufficient evidence to support disciplinary and/or adverse administrative action regarding the conduct of and

both 2 RAR.

NOTED I PLEASE DISCUSS

c. agree that you take disciplinary action IA W Reference B and/or adverse administrative action as a consequence of and conduct.

AGREE I NOT AGREE I PLEASE DISCUSS

d. sign and return a copy of this brief to AD FIS once you have indicated your decision above.

SIGNED I NOT SIGNED I PLEASE DISCUSS

Introduction

3. It will be recalled from Reference A, that on 17 Nov 16, the ABF commenced an investigation into the alleged attempt to import prohibited items by and

both of 2 RAR, Lavarack Barracks, Townsville.

Background

4. On 17 Nov 16, ADFIS were informed by the ABF that they had received information that and were going to attempt to import prohibited items into Australia. The ABF further advised that it was suspected that the items were going to be brought in on a Defence Cl 7 flight returning from New Caledonia on 19 Nov 16; even though both members had previously been advised that the items were prohibited and should not be brought into Australia.

Action Taken

5. On 19 Nov 16, ADFIS attended the Townsville International Airport ABF Office to liaise with and if required, assist the ABF. Whilst conducting 100 % X-ray of all members luggage from the Defence Cl 7 flight, ABF officers located the following items in the possession of:

a. :

(I) one BB gun

(2) one flick knife and

(3) one butterfly knife.

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b.

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:

(1) one flick knife

(2) one butterfly knife

(3) one slingshot and

(4) one can of OC spray.

6. The ABF officers subsequently seized the items and issued each member with an Infringement Notice for $360.00. Both officers paid the fines on the spot. A record of both infringements is retained by the ABF; however, the release of that information does not extend to external policing agencies. In view of this a statement of evidence, detailing the ABF actions on 19 Nov 16, is enclosed.

Conclusion

7. ADFIS have now concluded their enquiries and all information relating to this matter is recorded on the Defence Policing and Security Management System (DPSMS).

8. Should you require further information or clarification, the point of contact is PONPC DM McGrory, A/Commander, ADFIS Joint Investigation Office - Townsville, contactable on 07 4411 1695 or email donna.mcgrory@defence.gov.au. Please ensure to quote the DPSMS reference number in any communications.

Prepared by: Cleared by:

Enclosure:

ADF Investigator A/JIO Comd

Tel: 07 4411 7352 02 Dec 16 Tel: 07 4411 7067 06 Dec 16

1. Statement of Evidence - AD FIS of 02 Dec 16

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STATEMENT

Department of Defence

Page 1 of 4

This document must only be accessed by authorised personnel and pursuant to the Australian Privacy Principlesunder Privacy Act 1988 (Cth) provisions and DI(G)OPS 13-14 Australian Defence Force Investigative Sen/ice—Service Police Central Records Office. This document could be exempt from release under section 37 of theFreedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject tothe jurisdiction of Section 70 of the Crimes Act 1914 (Cth). This document must not be on forwarded withoutPM-ADF or delegate approval.

DPSMS reference:

Full name:

Rank or Title:

PMKeyS (if applicable):

Address:

INV-ADFO 1 -TVL-2016-47

Sergeant

Australian Defence Force Investigative Service, JointInvestigation Office - Townsville, Lavarack Barracks QLD.

1. This statement made by me, which I acknowledge to be a service document,

accurately sets out the evidence that I would be prepared to give in proceedings under the

Defence Force Discipline Act 1982, or to a civil court, as a witness. This statement is true to

the best of my knowledge and belief and I acknowledge that if I have stated in it anything that

I know to be false or do not believe to be tme as a Defence Force Member, I will be liable to

prosecution. If such an untrue statement is tendered in evidence I will be liable to prosecution

whether or not I am a Defence Force Member.

2. My full name is and I am years of age. I am a Sergeant

(SGT) in the Royal Australian Corps of Military Police (RACMP) currently posted to the

Australian Defence Force Investigative Service (ADFIS), Joint Investigative Office (JIO) -

Townsville (TVL), where I am employed as an ADF Investigator (ADFI). I have been so

posted since

3. As an ADFI, I am responsible for the prevention, detection and investigation of

serious Service and criminal offences, involving Australian Defence Force members and

Defence Civilians. I am a poljje^ member within the meaning of Section 3 of the Defence

Signature:.

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DPSMS Reference: INV-ADF01-TVL-2016-47Statement of: continued. Page 2 of 4

Force Discipline Act 1982. On , 1 qualified as an ADFI after completing the ADFI

Course (ADFIC) at the Defence Police Training Centre (DPTC), Holsworthy NSW.

4. About 1545 h on 17 Nov 16, 1 received the Border watch (Customs) Information

Report 20204436 dated 17 Nov 16, which identified that an anonymous report had been made

to the Department of Immigration and Border Protection, alleging that

and both of the 2nd Battalion, Royal Australian

Regiment (2 RAR) would be attempting to import hand guns, BB Guns and automatic knives

(all prohibited within Australia). It was further alleged that both members were going to

attempt to import those items into Australia on a Cl 7 Military flight, which was expected to

return from exercise Sud de Croix in New Caledonia at approximately 1630 h on 19 Nov 16

at the RAAF Base Townsville.

5. About 1545 h on 19 Nov 1 6, 1 attended the Australian Border Force (ABF) Office at

Townsville Airport where I was introduced to Border Force Officer (BFO)

He informed me that the C 17 flight had only just landed and due to transport issues,

there would be a delay in processing the ADF members.

6. About 1655 h, the ADF members from the C 17 flight arrived at the international

customs area, where processing commenced. BFO advised me that due to the

information report, they would be conducting a 100 % X-Ray check on all of the ADF

members and a full search of the personal equipment belonging to and

Due to jurisdictional issues, I was required to remain within the customs office during

the conduct of the baggage and cargo checks.

7. About 1745 h, BFO returned to the customs office, and informed me that

had been processed and that the following items had been seized from him during

the conduct of the search on his personal equipment:

a. One flick knife,

Signahire:.

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DPSMS Reference: IN V-ADF01-TVL-2016-47Statement of: continued. Page 3 of 4

b. one butterfly knife,

c. one slingshot, and

d. one can of OC spray.

8. BFO advised me that he did not believe that the seizure of these four items

was enough to submit the case for criminal prosecution and it was likely that

would be infringed for possessing these items and failing to declare them to customs. He then

left the customs office to continue assisting with the searches.

9. About 1815 h, BFO again returned to the customs office, and informed me

that all members and equipment and vehicles located at the RAAF BASE had been searched

and cleared. He further stated that had been processed and that the following

items had been seized from him during the conduct of the search on his personal equipment:

a. one BB Gun,

b. one flick knife; and

c. one butterfly knife.

10. BFO further stated that they did not have enough to prosecute

and and as such the members were issued an Infringement Notice each for

$360.00 for possessing prohibited items and failing to declare them. Both members paid the

fines on the spot. I confirmed with BFO that these incidents would not be recorded as a

criminal offence; however it would be permanently retained within the customs records.

Signature:

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DPSMS Reference: INV-ADF01-TVL-2016-47Statement of: continued. Page 4 of 4

11. Further to the items seized from and BFO

advised that every member within the contingent were identified as carrying Steyr magazines

within their personal equipment. This is usually an offence in itself; however BFO

consulted with his COC who provided clearance to waive the fines for each member found

carrying Steyr magazines. It was also requested that this issue be raised through Defence, as

the magazines should only be stowed in allocated trunks for international travel, and not with

an ADF member's personal affects.

SGTADF Investigator

Oi> Dec 16

Signature:,

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SERVICE POLICE REPORT

This document must only be accessed by authorised personnel and pursuant to the Australian Privacy Principles under Privacy Act 1988 (Cth) provisions and DI(G)OPS 13-14 Australian Defence Force Investigative Service­Service Police Central Records Office. This document could be exempt from release under section 37 of the Freedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject to the jurisdiction of Section 70 of the Crimes Act 1914 (Cth). This document must not be on forwarded without PM-ADF or delegate approval.

Investigator: Reference No: Type of Report:

IR-ADFO l-BUT-2016-10 Assessment

Originating Unit:

Joint Investigations Office- Butterworth Royal Malaysian Air Force Base Butterworth Butterworth Malaysia 12990 Report in the Matter of:

Importation of Prohibited Items

References: A. AIMS reporting of 24 Oct 16 B. HQ 2/30 TRG GP Fact Finding Report 27 Oct 16 C. Incident Reporting and Management Manual D. Service Police Manual Vol 2 - Investigation procedures

1. The ADF Investigative Service (ADFIS), Joint Investigation Office (JIO) Butterworth has assessed the information provided at Reference A and B in accordance with Reference C and D, concerning allegation(s) of the illegal importation of prohibited items by members of Rifle Company Butterworth 115(RCBl15).

2. On 20 Oct 16, and 7 Battalion Royal Australian Regiment (7 RAR), RAAF Base Edinburgh, SA, intending to supplement RCB 115, arrived at Changi International Airport, Singapore, with weapon CES, namely 14

For Information: RSM OC Rear Details OOPS File

Printed Name

(2/30 TRG GP )

(7 RAR) (7 RAR) (HQ ADFIS OPS) (JIO Butterworth)

W02/JIO Commander Rank/Appt

11 Nov16 Date

(nathan.aheam@defence.gov .au)

(matthew.bold@defence.gov.au) ( darrin. tyson@defence.gov .au) ( adfishg.operations@defence.gov.au) Original

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Steyr magazines and a fixed bladed knife contained within their check in luggage. They were subsequently detained by Singaporean authorities for approximately 3 hours. With those items being seized.

3. ADFIS assessment board has concluded. Due to the circumstances reported and the nature and level of the offending alleged. AD FIS has determined that the carriage and resolution of this matter is more appropriate at unit level; therefore, this matter is referred to 2130 TRG GP for any action as deemed appropriate. For reporting purposes a case entry in the Defence Policing and Security Management System (DPSMS) maintains a record of this event. IR-ADFO l-BUT-2016-10 refers. Notwithstanding, should information present at a later time that may materially affect this assessment, please notify AD FIS accordingly.

4. Should you require any further information or clarification as to the content of this report the AD FIS point of contact is W02 Tony Hagerty, Joint Investigation Office Commander - JIO Butterworth, contactable on 02 6224 2232 or via email at

. Please quote the aforementioned DPSMS reference in any related correspondence.

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SERVICE POLICE REPORT

This document must only be accessed by authorised personnel and pursuant to the Australian Information Privacy Principles under Privacy Act 1988 (Cth) provisions and Dl(G) OPS 13-14 Australian Defence Force Investigative Sen'ice-Se111ice Police Central Records Office. This document could be exempt from release under section 37 of the Freedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject to the jurisdiction of Section 70 of the Crimes Act 1914 (Cth). This document must not be on forwarded without PM-ADF or delegate approval.

Investigators: Reference No: Type of Report:

IR-ADFOl-BUT-2017-3 Assessment/Final

Originating Unit:

Joint Investigation Office - Butterworth RMAF Base Butterworth Butterworth Malaysia 12990

Report in the Matter of:

Attempt to import a prohibited item

References: A. Conversation between and of 01 Mar 17 B. Incident Reporting and Management Manual C. Service Police Manual Vol 2 - Investigation procedures

Introduction

1. Further to Ref A and JAW RefB and C, on 01 Mar 17 the ADF Investigative Service (ADFIS) Joint Investigation Office (JIO) -Butterworth, commenced enquiries into allegations that a member of Rifle Company Butterworth 116 (RCB 116), Royal Malaysian Air Force Base Butterworth, Malaysia, had attended the 19 Squadron (19 SQN) Base Command Post and attempted to mail a Taser to an address in Australia.

Dir ADFIS JIOCOMD

JD Cunningham MAJ/ S02 Investigation Support ~0 Mar17

Printed Name

(HQ 5 BDE) (HQ 2/30 TRG GP) (19 SQN) (HQ ADFIS)

Rank/Appt Date

( david.mclachlan2@defence.gov .au) ( adrian. wilson@defence.gov .au) (j ohnathon.higgins@defence.gov .au) (adfishq.operations@defence.gov.au) Original)

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Background

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2. The circumstances surrounding this matter are that on 27 Feb 17,(HQ 5 BDE), attended the Base Command Post orderly room at Headquarters

19 SQN, RMAF Base Butterworth and attempted to mail a package containing a Taser to his civilian address in Australia. was instructed by the Locally Employed Civilian

to remove the item when challenged about his declaration certificate. returned on the 28 Feb 17 and was adamant that he would mail that item to his home

address. subsequently failed to complete a postal declaration form and paid the sum of 18 MYR for postage.

3. On 01 Mar 17 approached Base Command Post staff and expressed his concerns about the package left b to be mailed. Subsequently the 19 SQN Force Protection Flight (FPF) OIC attended and as a result opened the package to reveal a 10000 Volt, fully charged Taser.

Action Taken

4. ADFIS, JIO Butterworth attended HQ 19 SQN and seized the item and accompanying documentation and commenced interviewing witnesses and gathering evidence. departed RMAF Butterworth with the main body of RCB 116 and returned home on 01 Mar 17 via service air C-17.

5. Enquiries revealed that had tried to infor that the item was illegal and could not be sent in the mail system as it would contravene Australian Postal regulations. It was further revealed that HQ 2/30 Training Group (2/30 TRG GP) Routine Orders specifically states that RCB members are not permitted to purchase weapons, including but not limited to crowd control devices and restraints, BB guns, slingshots and knives.

6. Further all RCB members are required to attend Reception Staging On forward and Integration (RSO and I) training, upon arrival and receive a brief from AD FIS, specifically on Policing and Security, the topic of prohibited items is included in those presentations. RCB 116 commenced RSO and I on 29 Nov 16. Upon departure all RCB members have their check in baggage inspected by qualified 19 SQN staff for dangerous goods. Concurrently the deterrence and enforcement operation to counter the use, procurement, possession and exportation of prohibited substances and weapons by members of the ADF

is conducted. RCB members have the opportunity to surrender such items into the amnesty bins provided with no further action. The week prior to departure all RCB members are fully briefed by the MP Detachment and staff. RCB 116 participated in this activity on 28 Feb 17.

7. On 08 Mar 17, at the PM ADF Assessment Board, it was decided that based on the information reported and the circumstances, the matter would be suitable to be dealt with by the unit.

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Conclusion

8. Due to the circumstances reported and the nature and level of the alleged offending, ADFIS have determined to refer this matter to HQ 5 BDE for action as deemed appropriate. Notwithstanding this, should information present at a later time that may materially alter this assessment, please notify ADFIS. For reporting purposes the Defence Policing and Security Management System (DPSMS) maintains a record of this event.

Recommendation

9. AD FIS assessment has concluded that the carriage and resolution of this matter is more appropriate at unit level. The reason for this decision is based on the fact that the offence remains a schedule IA offence and the matter can be suitably resolved at unit level. ADFIS JIO Butterworth have obtained all the witness statements and evidence which is attached for entitled addressees.

10. Should you wish to discuss this matter or have any questions relating to it, the point of contact is the Joint Investigation Office Commander, W02 A Hagerty who may be contacted on 02 6224 2232, 012 489 0031 or by email Please ensure to quote the aforementioned DPSMS reference in any related correspondence.

':(,O Mar 17

Annexes:

A. Statement byB. Statement byC. Statement byD. Statement byF. Statement of evidence by

Enclosures:

1. Photographic Supplement

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ADF Investigative Service

This document must only be accessed by authorised personnel and pursuant to the Australian Privacy Principals under Privacy Act 1988 (Cth) provisions and Dl(G)OPS 13-14 Australian Defence Force Investigative Service-Service Police Central Records Office. This document could be exempt from release under section 37 of the Freedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject to the jurisdiction of Section 70 of the Crimes Act 1914 (Cth). This document must not be on forwarded without PM-ADF or delegate approval.

HEAL TH INFORMATION: This document contains sensitive health Information. Its disclosure and use is governed by the Privacy Act 1988 (Cth) and it is to be stored and handled in accordance with Dl{G) PERS 16-20 Privacy of Health Information in Defence and with DSM Part 2:30 Classification and Protection of Official Information.

PHOTOGRAPHIC SUPPLEMENT to

DPSMS Reference: INV-ADF01-BUT-2017-3

Compiled by:

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Index Number

1

2

3

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PHOTOGRAPHIC SUPPLEMENT INDEX

Photograph Description

Padded Envelope

Defence Envelope

Taser, Recharge Cable and Pouch

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File Name

20170317adfis _01

20170317adfis _02

20170317adfis _03

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1\-CA&\-"(~l~

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~ AUSTR•LIAN GOVERN~

lthin 7 days. return to If not delivered wOF DEFENCE (AIR OFFICIJ OEPAqTMENT

" .. . . . ............. . ······ . .

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• -

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SERVICE POLICE REPORT

This document must only be accessed by authorised personnel and pursuant to the Australian Privacy Principles under Primcy Act 1988 (Cth) provi~ions and DI(G)OPS 13-14 Australian Defence Force Investigative Service Serl'ice Police Central Records Office. This document could be exempt from release under section 37 of the Freedom of Information Act 1982 (Cth) and remains the property of the Department of Defence and is subject to the jurisdiction of Section 70 of the Crimes Act 1914 (Cth). This document must not be on forwarded without PM-ADF or delegate approval.

Investigator: Reference No: Type of Report:

IR-ADFO l-DWN-2016-28 Assessment

Originating Unit: -Joint Investigation Office - Darwin Australian Defence Force Investigative Service Building 139, Robertson Barracks Holtze, NT, 0830

Report in the Matter of:

Importation of Restricted Items -References: A. Tel econ , OC, 8 CHC/ , ADFIS of 05 May 16 B. Dl(G) ADMIN 45-2 - The reporting and management of modifiable incidents C. ADF Service Police Manual Vol 2 - Investigations procedures

I. The ADF Investigative Service (ADFIS) has assessed the information reported and discussed at Reference A, in accordance with References Band C which concerns an allegation of attempted importation of restricted items involving8 CHS.

2. The circumstances surrounding this matter arc that over the previous 12 months, the Department of Immigration and Border Protection (DIBP) have intercepted four packages addressed to containing restricted items. was later notified of the intercept by DIBP in writing. The DIBP has indicated that any future offences by

may result in legal action.

Approving Officer:

Distribution: oc RSM S06 Legal OOPS

D Cunningham MAJ/Regional Commander //May 16 ADFIS-NR

Printed Name Rank/Appl Date

(8 CHC) (kelly.dunne@defence.gov.au) (1 CHS) (matthew.franks l@defence.gov.au) (JIQ I Bde) (rodrigo.hellebuyck@defencc.gov .au) (IIQ ADFIS OPS) (adfishq.operations@defence.gov.au)

SENSITIVE: PERSONAL FOR OFFICIAL USE ONLY

47F(1)

47F(1) 47F(1)

47F(1) 47F(1)47F(1)47F(1)

22

47F(1)22

FOI 351/16/17 Item 4

Serial 2

FOR OFFICIAL USE ONLY SENSITIVE: PERSONAL

2

3. ADFIS have contacted the DIBP and established that all enquiries have ceased and no further action will be taken unless a repeat offence is committed by

4 . ln view of the foregoing, no further action will be taken by ADFIS as this matter was subject to DlBP jurisdiction and concluded with the issue of a warning to . This matter is now referred to 8 CHC for further administrative action as deemed necessary. For reporting purposes the De.fence Policing and Security Management System (DPSMS) maintains a record of this event.

5. Should you wish to discuss this matter further, or have any questions relating to it, the point of contact is the JIO Commander, who may be contacted on (08) 8925 3339 or via email at @defence.gov.au. Please ensure you quote the aforementioned DPSMS reference number in any related correspondence.

SENSITIVE: PERSONAL FOR OFFICIAL USE ONLY

47F(1)

47F(1)

47F(1)47F(1)

FOI 351/16/17 Item 4

Serial 2