Overview

CEO Directions No. 1 of 2012 is a legislative instrument issued under the Customs Act 1901 and the Customs Administration Act 1985, aimed at ensuring consistency in the deployment and use of firearms and personal defence equipment by customs officers in the Indian Ocean Territories of Christmas Island and Cocos (Keeling) Islands. Enacted in 2012, the Directions were introduced to align the operational protocols of customs officers in these territories with those of mainland Australian Customs and Border Protection Service officers, specifically regarding the use of force and the handling of firearms and defensive equipment. The Directions are issued by the Comptroller of the Indian Ocean Territories Customs Service, who has the authority to make such directions under the relevant Acts. This legislative instrument does not raise any human rights issues and is compatible with the human rights and freedoms recognised in international instruments.

Scope and Application

CEO Directions No. 1 of 2012, issued under the Customs Administration Act 1985 and the Customs Act 1901 as applied to the Indian Ocean Territories of Christmas Island and Cocos (Keeling) Islands, pertains specifically to the Comptroller of the Indian Ocean Territories Customs Service (IOTCS), customs officers within the IOTCS, and the deployment and use of firearms and items of personal defence equipment. These Directions, which take effect on the day following their registration on the Federal Register of Legislative Instruments, are consistent with CEO Order 1 (2010) - Use of Force, which governs the Australian Customs and Border Protection Service's mainland officers. The Directions allow the Comptroller to issue directives concerning the issuance, recall, use, and secure storage of firearms and personal defence equipment, ensuring a uniform approach to these matters across the Indian Ocean Territories and the mainland. These legislative instruments are disallowable and are thus classified as legislative instruments under the Legislative Instruments Act 2003. They do not require consultation as they are considered minor or of a machinery nature, and they have been assessed as compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011. This legislation applies within the jurisdictional scope of the Indian Ocean Territories, specifically to the customs officers employed by the IOTCS, and encompasses the operational guidelines for the use of firearms and personal defence equipment by these officers. The geographic reach of these Directions is limited to Christmas Island and Cocos (Keeling) Islands, where the applied Customs Acts are in force. The provisions do not specify any exclusions or exemptions, and no additional thresholds are mentioned. The applicability of these Directions may be extended or refined through subordinate instruments issued by the Comptroller, aligning with the overarching policies and directives set forth by Customs and Border Protection.

Key Provisions

The CEO Directions No. 1 of 2012, issued under the Customs Act 1901 and Customs Administration Act 1985, are designed to regulate the deployment and use of firearms and items of personal defence equipment by customs officers in the Indian Ocean Territories of Christmas Island and Cocos (Keeling) Islands (subsection 189A(2)). These directions mandate specific protocols for the issuance, recall, and usage of firearms and personal defence equipment, as well as secure storage procedures when these items are recalled (subsection 189A(2)). The Comptroller of the Indian Ocean Territories Customs Service (IOTCS) has the authority to issue these directions, which are essentially the same as those governing mainland Australian Customs and Border Protection Service officers (subsection 4(4) and subsection 183UC(1)). These Directions are intended to ensure uniformity in policy across all customs operations, regardless of location. The Comptroller, who is also the Chief Executive Officer of Customs, is responsible for appointing customs officers and issuing directions under these Acts. The obligations imposed by these Directions are aligned with CEO Order 1 (2010) - Use of Force, which outlines the policy for the use of force by customs officers. This Order, which is available from Customs and Border Protection, sets out the protocols for the use of force and personal defence equipment in carrying out their duties (section 189A of the Customs Act 1901). These obligations include strict guidelines on when and how firearms and personal defence equipment can be deployed and used, as well as the conditions under which they must be stored securely when not in use. Failure to comply with these Directions can lead to significant legal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that any breach of the directions or the use of force policy could result in disciplinary action, legal proceedings, or other penalties as prescribed by the applicable Acts. Given the nature of these Directions and the serious implications of misusing firearms or force, penalties could include fines, imprisonment, or both, depending on the severity of the breach and relevant statutory provisions. The Directions are considered disallowable instruments under the Acts Interpretation Act 1901, and they fall within the scope of legislative instruments as per the Legislative Instruments Act 2003. The Directions were not subject to consultation as they are deemed to be of a minor or machinery nature (section 17 of the Legislative Instruments Act 2003). These Directions are compatible with the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring that they do not infringe upon any recognised human rights. The Directions will come into effect on the day after they are registered on the Federal Register of Legislative Instruments.