Overview

The CEO Directions No 1 of 2006, made under the Customs Act 1901, address the need for clear and updated guidelines regarding the use of force and the deployment of firearms by Customs officers. This legislative instrument was enacted to ensure that Customs officers are equipped with the most current policies and directives concerning their powers, particularly in relation to the use of firearms and other personal defence equipment. The directions are established by the Chief Executive Officer (CEO) of Customs in accordance with subsection 189A(2) of the Customs Act, which allows for detailed guidance on the circumstances and conditions under which firearms and other personal defence equipment can be issued, used, recalled, and stored securely. The CEO Directions No 1 of 2006 not only align with the Customs policy on the use of force, as outlined in CEO Order 1 (2006), but also replace the previous CEO Directions No 1 of 2005 to incorporate updated policies. This ensures that Customs officers have access to the most recent and relevant directives governing their operational practices.

Scope and Application

CEO Directions No 1 of 2006 applies to Customs officers, as it provides directions relating to the circumstances in which firearms and other approved items of personal defence equipment may be issued, recalled, used, and stored. This Act is an instrument under the Customs Act 1901 and is relevant to the Commonwealth of Australia. It extends its application by incorporating CEO Order 1 (2006) - Use of Force, which contains the comprehensive Customs policy on the use of force. This policy applies to all Customs officers who are authorised to carry arms in certain circumstances as per Section 189A of the Customs Act 1901. The directions also cover any other matters relating to the deployment of such firearms and other items of equipment that the CEO deems appropriate. The instrument revokes CEO Directions No 1 of 2005, ensuring that the updated policy is implemented. The Directions do not require consultation as they are of a minor or machinery nature and do not substantially alter existing arrangements.

Key Provisions

The Customs Act 1901, in particular subsection 183UC(1) and 183UC(2), provides the CEO of Customs with the authority to issue directions to Customs officers, which includes the powers under Division 1 of Part XII. Section 189A specifically allows for directives concerning the issuance, recall, use, secure storage, and other deployment matters of approved firearms and personal defence equipment. CEO Directions No 1 of 2006, made under this authority, outline the procedures for the use of force as detailed in CEO Order 1 (2006). These directions serve to implement the updated policy on the use of force and replace the previous CEO Directions No 1 of 2005. Under these directions, Customs officers are obligated to adhere to the specified circumstances for issuing, recalling, using, and storing firearms and personal defence equipment. The directions detail the protocols for the deployment of these items and require officers to comply with the updated policy on the use of force as set out in CEO Order 1 (2006). These obligations ensure that officers are aware of and comply with the latest Customs policies and procedures concerning the use of firearms and personal defence equipment. Breach of these directions can result in both civil and criminal consequences. Depending on the severity of the violation, officers may face disciplinary actions, including fines and penalties as prescribed by the Act. The maximum penalties for breaches can be significant, reflecting the seriousness of non-compliance with the specified directives. Such penalties are designed to ensure adherence to the safety and operational protocols outlined in the directions.