Customs Act 1901 - CEO Directions No. 1 of 2014

Administered by Department of Home Affairs

Legislation au F2014L00428 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CEO Directions No. 1 of 2014

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.  Section 183UC of the Customs Act 1901 (the Act) provides that, without limiting the generality of subsection 4(4) of the Administration Act, the CEO may by legislative instrument make directions relating to the powers of officers under Division 1 of Part XII of the Act. 

Background

Division 1 of Part XII of the Act provides for the issuing of search and seizure warrants.

Subdivision C of Division 1 of Part XII of the Act enables a judicial officer to issue a warrant to search premises if there are reasonable grounds for suspecting that there is, or within the next 72 hours will be, evidence relating to an offence on or in the premises. 

Subdivision D of Division 1 of Part XII of the Act enables a judicial officer to issue a warrant to seize goods on or in particular premises if satisfied that an authorised person has reasonable grounds for suspecting that the goods are forfeited goods and the goods are, or within the next 72 hours will be, on or in the premises and are required to be seized.

Subdivision DA of Division 1 of Part XII of the Act enables a judicial officer to issue a warrant to seize goods on or in a particular premises if satisfied that an authorised person has reasonable grounds for suspecting that the goods are forfeited goods and the goods are, or within the next 72 hours will be, on or in the premises and the goods have been or will be brought into Australia on a ship or aircraft and are intended to be kept on board the ship or aircraft for shipment on to a place outside Australia.

Directions

CEO Directions No. 1 of 2014 (the Directions) contain directions made in accordance with section 183UC of the Act regarding:

–          the manner in which the powers relating to warrants in Division 1 of Part XII of the Act may be exercised;

–          the officer of Customs who are entitled to exercise the powers in relation to warrants; and

–          the manner and frequency of reporting required concerning the exercise of those powers relating to warrants.

The Directions replace CEO Directions No. 1 of 2009 and have been updated to reflect changes in structure and practice in the Australian Customs and Border Protection Service (ACBPS). The Directions have expanded the class of Customs officers who may apply for and execute seizure warrants. These warrants previously could only be applied for and executed by staff working in an investigative function. However seizure warrants are required by a number of other areas of ACBPS to routinely seize forfeited goods, even when they are located on Customs premises. This amendment will allow operational areas to undertake more routine  seizures of forfeited goods without requiring the use of investigative staff.  

The Directions also revoke CEO Directions No. 1 of 2009 made by the CEO under subsection 4(4) of the Administration Act and section 183UC of the Act, dated 1 May 2009.

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 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 2014 made pursuant to subsection (4) of the Customs Administration Act 1985 and section 183UC of the Customs Act 1901

 

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 legislative instruments

 

These Chief Executive Officer Directions regarding warrants (the Directions) outline the policy of the Australian Customs and Border Protection Service (ACBPS) in relation to the application for, and execution of, search and seizure warrants granted under Subdivisions C, D and DA of Division 1 of Part XII of the Customs Act, specifically:

 

  • the manner in which the powers relating to warrants in Division 1 of Part XII of the Customs Act may be exercised;
  • the officers of Customs who are entitled to exercise those powers in relation to warrants; and
  • the manner and frequency of reporting required concerning the exercise of those powers relating to warrants.

 

The Directions require warrants to only be executed when in the interest of the ACBPS. Where possible, warrant applications should be vetted by the Officer in Charge (OIC) or Case Manager.

 

Search warrants may only be applied for and executed by certain officers of Customs who have the necessary training and occupy certain investigator position within the ACBPS. Seizure warrants may also only be applied for and executed by certain officers of Customs.

 

Following the approval of a search warrant application a Pre Warrant Report including risk assessment is completed and submitted to the OIC in addition to the Regional Commander and the Strategic Border Command Centre. Approval to execute the warrant is required before execution.

 

An executing officer or person assisting must comply with all of the conditions of the warrant.

 

Following the execution of a search warrant a Post Warrant Report is completed and recorded in the ACBPS case management system. The Post Warrant Report details the events and outcomes of the warrant.

 

In instances where force is used or damage is alleged due to the execution of a warrant, full details are reported to the OIC as soon as practicable.

 

Human Rights implications

 

This legislative instrument does not engage, impact on or limit in any way, 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 is compatible with human rights as it does not raise any human rights issues. 

 

Chief Executive Officer of Customs

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.