EXPLANATORY STATEMENT
CEO Directions No. 1 of 2012
Customs Act 1901 (C.I.) and Customs Act 1901 (C.K.I.)
Subsection 4(4) of the Customs Administration Act 1985 (C.I.) and Customs Administration Act 1985 (C.K.I.) (the applied Administration Acts) provide that the Comptroller of the Indian Ocean Territories Customs Service (the Comptroller) may give directions to customs officers of the Indian Ocean Terrritories Customs Service. Subsection 183UC(1) of the Customs Act 1901 (C.I.) and subsection 183UC(1) of the Customs Act 1901 (C.K.I.) (the applied Customs Acts) provide that, without limiting the generality of subsection 4(4) of the applied Administration Acts, the Comptroller may make directions relating to the powers of officers under Division 1 of Part XII of the applied Customs Acts. Subsection 183UC(2) of the applied Customs Acts 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
In 2001, responsibility for the administration of the Customs in the Territories of Christmas Island and Cocos (Keeling) Islands (“the Territories”) was transferred to Customs and Border Protection. Customs Ordinances made under the Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955 establish the Indian Ocean Territories Customs Services (“the IOTCS”) in relation to each of the Territories. The IOTCS consists of the Comptroller and customs officers. The Chief Executive Officer of Customs was appointed as the Comptroller of the IOTCS. The Comptroller can appoint persons to be customs officers.
The Customs Ordinances also apply the Customs Act 1901 in the Territories as if that Act were a law of the Territories, except to the extent that it purports to deal with duties of customs. In its application in the Territories, the Customs Act is modified in accordance with the Ordinances and is cited as the Customs Act 1901 (C.I) and the Customs Act 1901 (C.K.I). Similarly, the Customs Administration Act 1985 applies in the Territories and is cited as the Customs Administration Act 1985 (C.I.) and the Customs Administration Act 1985 (C.K.I).
Section 189A of the applied Customs Acts provides authority for customs officers of the IOTCS 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 applied Administration Acts as modified by section 183UC of the applied Customs Act, the Comptroller 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 2012 (the Directions) contain directions made in accordance with subsection 189A(2) of the applied Customs Acts and imposes the same obligations under CEO Order 1 (2010) - Use of Force (the 2010 Order) in the Indian Ocean Territories in relation to the deployment and use of firearms and items of personal defence equipment, and the use of force. The 2010 Order contains Customs and Border Protection’s policy on the use of force and may be obtained from Customs and Border Protection.
These Directions are identical to the Directions given the officers of the Australian Customs and Border Protection Service in 2010 under section 189A of the Customs Act 1901.
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.
Commencement
The Directions will take effect on the day after they are registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
CEO Directions No. 1 of 2012
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Directions
CEO Directions No. 1 of 2012 contain directions made in accordance with subsection 189A(2) of the Customs Act 1901 that is applied in the Indian Ocean Territories of Christmas Island and Cocos (Keeling) Islands. The Direction imposes the same obligations under CEO Order 1 (2010) - Use of Force on customs officers of the Indian Ocean Territories Customs Service in relation to the deployment and use of firearms and items of personal defence equipment, and the use of force in the performance of duties, that apply to mainland officers of the Australian Customs and Border Protection Service.
The Directions commence on the day after they are registered.
Human Rights implications
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
This legislative instrument does not raise any human rights issues.
Comptroller of the Indian Ocean Territories Customs Service