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.
Overview
The Customs Act 1901, as amended, was enacted to provide comprehensive regulations for the importation and exportation of goods within Australia, including customs duties and related enforcement. In 2010, CEO Directions No. 1 were introduced to address the need for clear and updated guidelines on the use of force by Customs officers, particularly concerning the deployment and use of firearms and other personal defence equipment. This legislative instrument was created by the Chief Executive Officer of Customs under the authority provided by the Customs Administration Act 1985 and the Customs Act 1901. The policy objective of these directions is to ensure that Customs officers have precise guidelines for the responsible use and management of force, thereby maintaining public safety and compliance with legal standards. These directions also serve to replace outdated guidelines, ensuring that officers are equipped with the most current policies and procedures.
Scope and Application
CEO Directions No. 1 of 2010 applies to Customs officers who are authorised to carry arms in accordance with Section 189A of the Customs Act 1901. The Directions provide for the operation of CEO Order 1 (2010) - Use of Force, which sets out Customs and Border Protection's updated policy on the use of force. The Directions apply nationally across Australia as they are made under the Customs Act 1901, which is a Commonwealth Act. The Directions replace the previous CEO Directions No. 1 of 2006, which provided for the operation of CEO Order 1 (2006) - Use of Force. No consultation was undertaken before the Directions were made as they are of a minor or machinery nature and do not substantially alter existing arrangements. The Directions will take effect on the day after they are registered on the Federal Register of Legislative Instruments.
Key Provisions
CEO Directions No. 1 of 2010, pursuant to subsection 4(4) of the Customs Administration Act 1985 and subsection 183UC(1) of the Customs Act 1901, outline the specific circumstances under which Customs officers may issue, recall, use, and store firearms and other approved items of personal defence equipment (sections 189A(2)). These directions also include any other matters the Chief Executive Officer (CEO) deems appropriate regarding the deployment of these items. These provisions are intended to ensure that the use of force by Customs officers adheres to a set protocol, which is detailed in CEO Order 1 (2010) - Use of Force, replacing the previous CEO Order 1 (2006) - Use of Force. This legislative instrument is structured to facilitate the operational needs of Customs officers while maintaining regulatory oversight.
The obligations imposed on parties governed by these directions include strict adherence to the prescribed circumstances for the issuance, recall, usage, and storage of firearms and personal defence equipment. The CEO must ensure that Customs officers follow the updated policy on the use of force as outlined in the 2010 Order. This includes mandatory compliance with the storage protocols and the specific conditions under which firearms and equipment can be used. Such compliance ensures that the deployment of these items is both controlled and regulated, minimising misuse or unauthorised use. Furthermore, the CEO has a duty to regularly update and review these directions to align with any changes in policy or legislative requirements.
Failure to comply with the provisions outlined in the Directions may result in significant legal consequences. Although the explanatory statement does not explicitly mention offences or penalties, breaches of similar nature under the Customs Act 1901 and the Customs Administration Act 1985 typically result in civil or criminal penalties. For instance, misuse of firearms or non-compliance with the specified conditions could lead to disciplinary action against the officers involved, potential revocation of operational licenses, or even criminal charges under relevant sections of the Act. The specific penalties would depend on the nature and severity of the breach but could include fines or imprisonment for more serious infractions.