EXPLANATORY STATEMENT
CEO Directions No. 1 of 2010
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
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 2010 (the Directions) contain directions made in accordance with subsection 189A(2) of the Act and provide for the operation of CEO Order 1 (2010) - Use of Force (the 2010 Order). The 2010 Order contains Customs and Border Protection’s updated policy on the use of force. The 2010 Order may be obtained from Customs and Border Protection.
The Directions also revoke CEO Directions No. 1 of 2006 which provided for the operation of CEO Order 1 (2006) - Use of Force.
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 will take effect on the day after they are registered on the Federal Register of Legislative Instruments.