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.
Overview
The Customs (CEO Directions) Instrument 2005 was enacted to provide specific directions regarding the use of firearms and other personal defence equipment by Customs officers under the Customs Act 1901. This instrument was introduced to address the need for clear guidelines on the deployment, use, and storage of such equipment by Customs officers, aligning with their statutory authority and operational requirements. The directions were issued by the Chief Executive Officer of Customs under the authority granted by subsection 189A(2) of the Customs Act 1901, which allows for the issuance of directives concerning the circumstances under which firearms and personal defence equipment may be issued, used, recalled, and stored. The instrument was enacted by the relevant authorities within the Australian government and its policy objective is to ensure that the use of force by Customs officers is conducted in a controlled and regulated manner, in line with established protocols and policies.
Scope and Application
CEO Directions No 1 of 2005 applies to Customs officers, who are bound by the directions set forth within this instrument. The directions pertain specifically to the use of firearms and other approved personal defence equipment, governing the circumstances under which these items may be issued, recalled, used, and stored. These directives are established under the authority granted by subsection 189A(2) of the Customs Act 1901, which allows the CEO to issue instructions relating to the deployment and management of such equipment. The directions, as specified, are integral to implementing CEO Order 1 - Use of Force, a comprehensive policy document detailing the use of force by Customs officers. This legislation is applicable nationally, aligning with the scope of the Customs Act 1901, which operates throughout Australia. It is important to note that these directions are disallowable instruments as per the Acts Interpretation Act 1901, meaning they can be subject to disallowance by either House of Parliament. However, given the minor nature of the directions and their alignment with existing machinery provisions, no formal consultation was undertaken prior to their issuance.
Key Provisions
CEO Directions No 1 of 2005, under the Customs Act 1901, primarily address the use of force by Customs officers in specific circumstances. Section 189A of the Act allows for the carrying of arms by these officers, and subsection 189A(2) enables the Chief Executive Officer (CEO) of Customs to issue directions regarding the issuance, recall, use, and storage of approved firearms and other personal defence equipment (paragraph 1). These directions are detailed in CEO Directions No 1 of 2005 and are integral to CEO Order 1 - Use of Force, which outlines the comprehensive Customs policy on the use of force (paragraph 2). This policy is available for review by interested parties.
The Act imposes several obligations on Customs officers and the CEO. The CEO must ensure that the directions are in line with the Act and provide clear guidance on the use of force, including when firearms and other equipment can be issued, recalled, and used, as well as the conditions under which they must be stored securely (paragraph 3). These obligations are designed to maintain consistency and legality in the use of force by Customs officers, ensuring that all actions are justified and proportionate.
Breach of the provisions outlined in CEO Directions No 1 of 2005 can lead to various civil and criminal consequences. For instance, misuse of firearms or failure to follow the specified guidelines could result in disciplinary action against the officer, including potential termination of employment or legal action under other relevant laws (paragraph 4). While the directions themselves do not specify maximum penalties, breaches of related laws and regulations can result in significant penalties, depending on the severity of the offence. It is important for officers to adhere strictly to the guidelines to avoid any legal repercussions.