CEO DIRECTIONS NO. 2 OF 2004
SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901
COMMONWEALTH OF AUSTRALIA
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs:
1) under subsection 219ZJE(1) of the Customs Act 1901 (the Act), give the attached directions;
2) under subsection 219ZJE(1) of the Act and subsection 33(3) of the Acts Interpretation Act 1901 revoke CEO Directions No. 1 of 2004.
This instrument takes effect on and from gazettal.
Dated: 2 August 2004
LIONEL BARRIE WOODWARD
Chief Executive Officer of Customs
1 Places of detention
(1) Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(a) of the Act, a person detained under Division 1BA of Part XII of the Act in a designated place must be detained in a room in the designated place that meets the following standards:
(a) persons inside the room are concealed from the view of persons outside;
(b) the room is secured against access by persons other than Officers of Customs;
(c) the room has reasonably comfortable ventilation and illumination.
(2) If a room meeting the standards in (1) is not available in the designated place, the person must be detained:
(a) if it is convenient and suitable to detain a person in a room that meets the standards in subitem (1) at another place - in that room;
(b) otherwise - in a Customs vehicle.
2 Personal privacy during search
For the purposes of paragraph 219ZJE(1)(b) of the Act, if an Officer of Customs conducts a search under section 219ZJD of the Act before taking a person to a place mentioned in item 1, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.