EXPLANATORY STATEMENT
Issued by the Comptroller-General of Customs
Customs Act 1901
Comptroller-General of Customs (Warrants) Amendment Directions 2017
Authority
Section 183UC of the Customs Act 1901 (the Act) provides that the Comptroller-General of Customs may, by legislative instrument, give directions relating to the powers of officers under Division 1 of Part XII of the Act.
Background
Division 1 of Part XII of the Act provides for the issuing of search and seizure warrants.
In particular:
- Subdivision C of Division 1 of Part XII of the Act 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 Act 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 Act 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.
Section 183UC of the Act enables the Comptroller-General of Customs to give, by legislative instrument, directions relating to the powers of officers under Division 1 of Part XII of the Act. Such directions are contained in the Comptroller-General of Customs (Warrants) Directions 2015 (the Directions).
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 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 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-General of Customs (Warrants) Amendment Directions 2017
This legislative instrument, entitled the “Comptroller-General of Customs (Warrants) Amendment Directions 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 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 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-General of Customs