Overview

The Customs Act 1901, enacted to regulate and administer customs and excise duties, was supplemented by CEO Directions No. 1 of 2009. These directions were introduced to streamline and formalise the process by which Customs officers exercise their powers under Division 1 of Part XII of the Act, which pertains to the issuance of search and seizure warrants. The enactment of these directions by the Chief Executive Officer of Customs under the authority provided by the Customs Administration Act 1985, specifically subsection 4(4), aims to enhance the efficiency and accountability of the Customs service in executing these critical functions. The policy objective is to ensure that the powers are exercised in a consistent and controlled manner, while also meeting the requirements for reporting and oversight as stipulated in the directions. CEO Directions No. 1 of 2009 were made pursuant to the authority conferred by the Customs Act 1901 and the Customs Administration Act 1985, with the objective of providing clear guidelines on the exercise of warrant powers by Customs officers. These directions specify the procedures for issuing search and seizure warrants, identify the authorised officers, and outline the reporting requirements. The directions also revoke previous directives from 1995, ensuring that the current practices are up-to-date and aligned with contemporary operational needs. As a legislative instrument, the directions are subject to disallowance under the Acts Interpretation Act 1901, reflecting their regulatory nature.

Scope and Application

The CEO Directions No. 1 of 2009, made under the Customs Act 1901, specifically govern the manner in which Customs officers may exercise their powers related to search and seizure warrants. These directions apply to all Customs officers who are empowered under Division 1 of Part XII of the Act and are intended to streamline and formalise the processes surrounding the issuance, execution, and reporting of search and seizure activities. These directions apply on a national level, impacting all Customs officers across Australia. There are no stated exclusions or exemptions, though the directions are considered minor and primarily procedural, which means they do not alter the substantive legal framework but rather provide administrative clarity and consistency. The directions revoke previous directions made on 5 September 1995, thereby updating and consolidating the procedural guidelines for Customs officers. These directions, being disallowable instruments, can be annulled by resolution of either House of Parliament.

Key Provisions

The CEO Directions No. 1 of 2009 (the Directions) pertain to the manner in which certain powers under the Customs Act 1901 (the Act) may be exercised. Specifically, these Directions (sections 183UC(1) and 183UC(2)) provide detailed instructions on how Customs officers can exercise their powers under Division 1 of Part XII of the Act, particularly in relation to search and seizure warrants. These powers include the issuance of search warrants (under Subdivision C) when there are reasonable grounds to suspect that evidence of an offence is present or will be within 72 hours, and seizure warrants (under Subdivision D) when there are reasonable grounds to suspect that forfeited goods are present or will be within 72 hours. The Directions also stipulate which Customs officers are authorised to exercise these powers and outline the requirements for reporting on the exercise of these powers. Under the Directions, the Act imposes specific obligations on Customs officers. These officers must adhere to the prescribed manner of exercising their warrant powers as detailed in the Directions. Additionally, they are required to comply with the specified reporting protocols concerning the use of their warrant powers. This ensures that the exercise of these powers is conducted in a consistent and transparent manner, with adequate oversight and accountability. The Directions also clarify the hierarchy and authority within Customs, delineating which officers are entitled to exercise the specified powers, thereby ensuring that only authorised personnel undertake these critical tasks. Breaches of the CEO Directions No. 1 of 2009 can result in significant legal consequences. While the specific penalties for non-compliance are not detailed in the Explanatory Statement, it is known that the Act and associated instruments provide for both civil and criminal penalties for unauthorised actions. These could include fines and imprisonment, depending on the severity of the breach and the discretion of the court. The Directions themselves, being disallowable instruments, could be subject to disallowance by Parliament, which would render them ineffective. Such outcomes underscore the importance of strict adherence to the Directions by Customs officers to avoid severe repercussions.