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

Overview

The Customs Act 1901 was enacted to provide for the collection of customs duties and the regulation of the importation and exportation of goods in Australia. This Act was introduced to address the need for a comprehensive framework governing customs procedures, duties, and related enforcement measures. The Customs Act 1901 is administered by the Parliament of Australia and its policy objective is to facilitate legitimate trade while protecting the community from illicit activities through effective customs enforcement. One of the key provisions of the Act is the authority for the Chief Executive Officer (CEO) of Customs to issue directions to Customs officers regarding the powers and responsibilities related to search and seizure warrants. This includes specifying the manner in which these powers can be exercised, the officers entitled to execute these warrants, and the reporting requirements for the use of these powers. The CEO Directions No. 1 of 2014 update and replace previous directives, reflecting structural and operational changes within the Australian Customs and Border Protection Service (ACBPS). These updated directions expand the category of Customs officers who can apply for and execute seizure warrants, allowing for more efficient routine seizures of forfeited goods without necessitating the involvement of investigative staff.

Scope and Application

CEO Directions No. 1 of 2014 under the Customs Act 1901 outlines the policy of the Australian Customs and Border Protection Service (ACBPS) in relation to the application for and execution of search and seizure warrants. These directions apply to Customs officers who are authorised to exercise the powers in relation to warrants as specified in Division 1 of Part XII of the Act. The Directions have a national jurisdictional reach as they are applicable across Australia. The Directions replace previous directions and update them to reflect structural and practical changes within the ACBPS. Importantly, they expand the class of Customs officers who may apply for and execute seizure warrants, allowing operational areas to undertake more routine seizures of forfeited goods without the need for investigative staff. The Directions do not contain any exclusions or exemptions but stipulate the manner and frequency of reporting required concerning the exercise of those powers. No consultation was undertaken as the Directions are of a minor or machinery nature and do not substantially alter existing arrangements. The Directions are compatible with human rights as they do not engage, impact on, or limit any human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The CEO Directions No. 1 of 2014, issued under the Customs Act 1901 and Customs Administration Act 1985, outline the specific procedures and criteria for the application and execution of search and seizure warrants by Customs officers (section 183UC). These directions govern the manner in which officers may exercise their powers in relation to warrants, the eligibility of officers to apply for and execute warrants, and the reporting requirements associated with the use of these powers (sections 1 and 2). The Directions expand the category of Customs officers who can apply for and execute seizure warrants, allowing a broader range of personnel to carry out routine seizures of forfeited goods, thereby enhancing operational efficiency (section 3). The obligations imposed by the Directions include ensuring that search and seizure warrants are only executed when it is in the interest of the Australian Customs and Border Protection Service (ACBPS) (section 4). Warrant applications must be vetted by an Officer in Charge (OIC) or a Case Manager where possible (section 5). Search warrants must be applied for and executed by officers with the necessary training and those in specific investigator roles within the ACBPS, while seizure warrants can only be applied for and executed by certain designated Customs officers (section 6). Detailed Pre Warrant Reports, including risk assessments, must be completed and submitted to the OIC, Regional Commander, and Strategic Border Command Centre for approval before executing a search warrant (section 7). Executing officers or those assisting must adhere to all conditions stipulated in the warrant (section 8). After executing a search warrant, a Post Warrant Report detailing the events and outcomes must be completed and recorded in the ACBPS case management system (section 9). Any instances of force used or damage alleged during the execution of a warrant must be reported to the OIC as soon as practicable (section 10). Failure to comply with the provisions of the CEO Directions No. 1 of 2014 may lead to civil or criminal consequences, although specific penalties are not detailed in the explanatory statement. The Directions are designed to ensure the proper and lawful use of search and seizure powers by Customs officers, thereby maintaining the integrity of the enforcement processes. Human rights considerations are addressed in the statement of compatibility, asserting that the Directions do not engage, impact on, or limit human rights as recognised or declared in international instruments (section 12). The Directions were not subject to consultation due to their minor nature and the fact that they do not substantially alter existing arrangements (section 13). They take effect on the day after being registered on the Federal Register of Legislative Instruments (section 14).

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Delegated & Subordinate Legislation; Reporting & Disclosure Obligations; Enforcement Powers; Compliance Obligations

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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.

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