EXPLANATORY STATEMENT
Issued by the Comptroller of the Indian Ocean Territories Customs Service
Customs Act 1901 (C.I) and Customs Act 1901 (C.K.I)
Comptroller Amendment Directions (Warrants) 2017
Authority
Section 183UC of the Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.) provides that the Comptroller of the Indian Ocean Territories Customs Service may, by legislative instrument, give directions relating to the powers of officers under Division 1 of Part XII of the Acts.
Background
Customs Ordinances made under the Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955 establish the Indian Ocean Territories Customs Services (the IOTCS) in relation to each of the Territories.
The Customs Ordinances also apply the Customs Act 1901 (the Customs Act) in the Territories as if that Act were a law of the Territories, except to the extent that it purports to deal with duties of customs. In its application in the Territories, the Customs Act is modified in accordance with the Ordinances and is cited as the Customs Act 1901 (C.I) and the Customs Act 1901 (C.K.I) (the applied Customs Acts).
In particular:
- Division 1 of Part XII of the applied Customs Acts provide for the issuing of search and seizure warrants;
- Subdivision C of Division 1 of Part XII of the applied Customs Acts enables a judicial officer to issue a warrant to search premises if there are reasonable grounds for suspecting that there is, or within the next 72 hours will be, evidence relating to an offence on or in the premises;
- Subdivision D of Division 1 of Part XII of the applied Customs Acts enables a judicial officer to issue a warrant to seize goods on or in particular premises if satisfied that an authorised person has reasonable grounds for suspecting that the goods are forfeited goods, and the goods are, or within the next 72 hours will be, on or in the premises and are required to be seized; and
- Subdivision DA of Division 1 of Part XII of the applied Customs Acts enables a judicial officer to issue a warrant to seize goods on or in a particular premises if satisfied that an authorised person has reasonable grounds for suspecting that the goods are forfeited goods, and the goods are, or within the next 72 hours will be, on or in the premises and the goods have been or will be brought into Australia on a ship or aircraft and are intended to be kept on board the ship or aircraft for shipment on to a place outside Australia.
The Customs Ordinances provides for the IOTCS to consist of the Comptroller of the IOTCS and customs officers appointed by the Comptroller. The Comptroller-General of Customs is the Comptroller of the IOTCS, and the officers in the Investigations Division of the Department of Immigration and Border Protection (the Department) are appointed as customs officers.
Section 183UC of the applied Customs Acts enable the Comptroller of the IOTCS to give, by legislative instrument, directions relating to the powers of customs officers under Division 1 of Part XII of the applied Customs Acts. Such directions are contained in the Comptroller Directions (Warrants) 2015 (the Directions).
The Directions set out the policy of the Department in relation to the application for, and execute of, search and seizure warrants. The Directions refer specifically to customs officers in the Investigations Division of the Department.
Purpose
On 15 May 2017, the “Investigations Division” will be restructured and renamed as “Enforcement Command”. As a result, the Directions will need to be updated so that they apply to customs officers in Enforcement Command.
To achieve this, the Amendment Directions will substitute references to “Investigations Division” with “Enforcement Command”. Other than this, the amendments do not make any changes that alter existing arrangements.
Consultation
The amendments contained in the Amendment Directions only affect officers in the Department. As such, the amendments are minor and of a machinery nature, and consultation was not appropriate.
Commencement
The Amendment Directions commence on 15 May 2017.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Comptroller Amendment Directions (Warrants) 2017
This legislative instrument, entitled the “Comptroller Amendment Directions (Warrants) 2017” (the Amendment Directions), is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
The Amendment Directions amends the Comptroller Directions (Warrants) 2015 (the Directions) to substitute references to “Investigations Division” with “Enforcement Command”.
The Directions set out the policy of the Department of Immigration and Border Protection (the Department) in relation to the application for, and execute of, search and seizure warrants. The Directions refer specifically to customs officers in the Investigations Division of the Department.
On 15 May 2017, the “Investigations Division” will be restructured and renamed as “Enforcement Command”. As a result, the Directions will need to be updated so that they apply to customs officers in Enforcement Command.
To achieve this, the Amendment Directions will substitute references to “Investigations Division” with “Enforcement Command”. Other than this, the amendments do not make any changes that alter existing arrangements.
Human Rights implications
The Amendment Directions do not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
The Amendment Directions are compatible with human rights as they do not raise any human rights issues.
Comptroller of the Indian Ocean Territories Customs Service