Comptroller-General of Customs (Warrants) Amendment Directions 2017

Administered by Department of Home Affairs

Legislation au F2017L00521 Not in force Legislative Instrument

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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

Overview

The Comptroller-General of Customs (Warrants) Amendment Directions 2017 were introduced to update the Comptroller Directions (Warrants) 2015 in response to the restructuring and renaming of the Investigations Division to Enforcement Command within the Department of Immigration and Border Protection, effective 15 May 2017. This change was necessary to ensure the continued applicability of the search and seizure warrant policies to the new division, without altering the existing arrangements. Enacted under section 183UC of the Customs Act 1901 by the Comptroller-General of Customs, these directions aim to maintain the operational efficacy of search and seizure warrant procedures within the department, reflecting the structural changes in the enforcement division. The policy objective remains unchanged: to provide clear guidelines for the application and execution of warrants in accordance with the Act, ensuring compliance with human rights standards as affirmed in the Statement of Compatibility with Human Rights.

Scope and Application

The Comptroller-General of Customs (Warrants) Amendment Directions 2017 amends the Comptroller-General of Customs (Warrants) Directions 2015 to update references within the Department of Immigration and Border Protection from "Investigations Division" to "Enforcement Command." This change is purely administrative, reflecting the restructuring and renaming of the Investigations Division to Enforcement Command effective 15 May 2017. The primary application of these Directions is to officers within the Department who are involved in the application for, and execution of, search and seizure warrants under the Customs Act 1901. These Directions do not introduce any substantive changes to the existing legal framework but are necessary to ensure continuity and clarity in the operational policy of the Department. The Amendment Directions commence on 15 May 2017 and are compatible with human rights as they do not engage, impact on, or limit any human rights recognised or declared in the relevant international instruments.

Key Provisions

The Comptroller-General of Customs (Warrants) Amendment Directions 2017, made under Section 183UC of the Customs Act 1901, primarily focus on updating the Comptroller-General of Customs (Warrants) Directions 2015 to reflect the restructuring and renaming of the Investigations Division to the Enforcement Command, effective from 15 May 2017. This amendment involves substituting references to the "Investigations Division" with "Enforcement Command" in the Directions, without altering any existing arrangements or policies regarding the application and execution of search and seizure warrants. The Directions themselves, as amended, detail the policy of the Department of Immigration and Border Protection concerning the application and execution of search and seizure warrants, specifically referencing officers within the Enforcement Command. The obligations imposed by the Amendment Directions on the parties it governs, primarily officers within the Enforcement Command, include ensuring compliance with the updated Directions regarding the application and execution of search and seizure warrants. These officers are expected to adhere to the procedures and policies outlined in the Directions, which include the criteria for obtaining warrants, the conditions under which searches and seizures can be conducted, and the protocols for executing these warrants effectively and lawfully. The Directions also mandate that officers maintain the integrity and security of the processes involved in warrant applications and executions, ensuring that all actions taken are in accordance with the law and respect for human rights. Any breach of the provisions outlined in the Comptroller-General of Customs (Warrants) Directions 2015, as amended by the Comptroller-General of Customs (Warrants) Amendment Directions 2017, could potentially lead to both civil and criminal consequences, depending on the nature and severity of the breach. While the Amendment Directions themselves do not specify penalties, breaches of the Customs Act 1901 or related directions could result in significant penalties. For instance, unauthorised searches or seizures could be considered unlawful acts, potentially leading to charges under the criminal law, including fines and imprisonment. Civil liabilities might also arise from damages caused by unlawful actions, with the affected party having the right to seek compensation through the courts. The exact penalties would depend on the specific circumstances of the breach and the relevant provisions of the Customs Act 1901.

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