EXPLANATORY STATEMENT
CEO Directions No 1 of 2005
Customs Act 1901
Subsection 4(4) of the Customs Administration Act 1985 (the Administration Act) provides that the CEO of Customs (the CEO) may give directions to Customs officers. Subsection 183UC(1) of the Customs Act 1901 (the Act) provides that, without limiting the generality of subsection 4(4) of the Administration Act, the CEO may make directions under Division 1 or Part XII of the Act relating to the powers of officers. Subsection 183UC(2) of the Act provides that directions made under subsection 183UC(1), are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, disallowable instruments are legislative instruments.
Background
Section 189A of the Act provides authority for Customs officers to carry arms in certain circumstances.
Subsection 189A(2) provides that, without limiting the matters that may be the subject of directions under subsection 4(4) of the Administration Act as modified by section 183UC, the CEO may give directions relating to:
– the circumstances in which approved firearms and other approved items of personal defence equipment may be issued; and
– the circumstances in which such firearms and other items of equipment are to be recalled; and
– the circumstances in which such firearms and other items of equipment can be used and the manner of their use; and
– the nature of the secure storage of such firearms and other items of equipment when recalled; and
– any other matters relating to the deployment of such firearms and other items of equipment the CEO thinks appropriate.
Directions
CEO Directions No 1 of 2005 contain directions made under subsection 189A(2) and provide for the operation of CEO Order 1 - Use of Force, which contains the comprehensive Customs policy on the use of force. CEO Order 1 - Use of Force may be obtained from Customs.
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before these directions were made as they are of a minor or machinery nature and do not substantially alter existing arrangements.
Commencement
The instrument will commence operation on the day it is registered.