Comptroller-General of Customs (Places of Detention – Norfolk Island) Directions 2016 (Cth)

COMMONWEALTH OF AUSTRALIA

COMPTROLLER‑GENERAL OF CUSTOMS (Places of detention – NORFOLK ISLAND) DIRECTIONS 2016

SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901 (nI)

I, ROMAN QUAEDVLIEG, Comptroller‑General of Customs, under subsection 219ZJE(1) of the Customs Act 1901 (NI) (the NI Customs Act), give the following Directions:

1.    Places of detention

(1)   Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(a) of the NI Customs Act, a person detained under Division 1BA of Part XII of the NI Customs Act in a designated place must be detained in a room in the designated place that meets the following standards:

(a)     persons inside the room are concealed from the view of persons outside;

(b)     the room is secured against access by persons other than officers of Customs;

(c)     the room has reasonably comfortable ventilation and illumination.

(2)   If a room meeting the standards in subitem (1) is not available in the designated place, the person must be detained:

(a)     if it is convenient and suitable to detain a person in a room that meets the standards in subitem (1) at another place ‑ in that room;

(b)     otherwise - in an Australian Border Force vehicle.

2.    Personal privacy during search

For the purposes of paragraph 219ZJE(1)(b) of the NI Customs Act, if an officer of Customs conducts a search under section 219ZJD of the NI Customs Act before taking a person to a place mentioned in item 1, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.

These Directions commence on 1 July 2016.

Dated: 14 June 2016

ROMAN QUAEDVLIEG

Comptroller‑General of Customs