EXPLANATORY STATEMENT
CEO Directions No. 1 of 2009
Customs Act 1901
Subsection 4(4) of the Customs Administration Act 1985 (the Administration Act) provides that the Chief Executive Officer 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 relating to the powers of officers under Division 1 of Part XII of the Act. Subsection 183UC(2) of the Act provides that such directions 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
Division 1 of Part XII of the Act provides for the issuing of search and seizure warrants.
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.
Directions
CEO Directions No. 1 of 2009 (the Directions) contain directions made in accordance with subsection 183UC(1) of the Act regarding:
– the manner in which the powers relating to warrants in Division 1 of Part XII of the Act may be exercised;
– the officer of Customs who are entitled to exercise the powers in relation to warrants; and
– the manner and frequency of reporting required concerning the exercise of those powers relating to warrants.
The Directions also revoke the Directions made by the CEO under subsection 4(4) of the Administration Act and section 183UC of the Act, dated 5 September 1995.
Consultation
No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before the Directions were made as they are of a minor or machinery nature and do not substantially alter existing arrangements.
Commencement
The Directions take effect on the day after it is registered on the Federal Register of Legislative Instruments.