Customs Act 1901 CEO Directions No. 2 of 2004 (Cth)

CEO DIRECTIONS NO. 2 OF 2004

SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901

COMMONWEALTH OF AUSTRALIA

I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs:

1)under subsection 219ZJE(1) of the Customs Act 1901 (the Act), give the attached directions;

2)under subsection 219ZJE(1) of the Act and subsection 33(3) of the Acts Interpretation Act 1901 revoke CEO Directions No. 1 of 2004.

This instrument takes effect on and from gazettal.

Dated: 2 August 2004

LIONEL BARRIE WOODWARD

Chief Executive Officer of Customs

1      Places of detention

(1) Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(a) of the Act, a person detained under Division 1BA of Part XII of the 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 (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 a Customs vehicle.

2      Personal privacy during search

For the purposes of paragraph 219ZJE(1)(b) of the Act, if an Officer of Customs conducts a search under section 219ZJD of the 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.