Customs Act 1901 - CEO Directions No. 2 of 2004

Overview

The Customs Act 1901, enacted by the Australian Parliament, governs the administration of customs and excise laws in Australia, with the aim of facilitating trade, protecting the community, and raising revenue. In response to the need for specific standards governing the detention and treatment of individuals under the Act, the Customs (Detention) Direction No. 2 of 2004 was issued by Lionel Barrie Woodward, the Chief Executive Officer of Customs. This legislative instrument revokes the previous CEO Directions No. 1 of 2004 and establishes new directions to ensure that detainees are held under appropriate conditions, with particular emphasis on maintaining personal privacy during searches. The policy objective is to balance the enforcement of customs regulations with the humane treatment of individuals subject to detention and search.

Scope and Application

The CEO Directions No. 2 of 2004, issued under subsection 219ZJE(1) of the Customs Act 1901, specifically governs the conditions under which individuals detained under the Customs Act must be held. This legislative instrument applies to any person detained under Division 1BA of Part XII of the Customs Act within a designated place, ensuring that their detention adheres to specified standards. These standards mandate that the detainee is concealed from the view of others outside the room, the room is secure against unauthorised access, and it provides reasonably comfortable ventilation and illumination. If a suitable room is not available, detainees may be held in a room at another location that meets these standards or, if necessary, in a Customs vehicle. Furthermore, the Directions require that during any search conducted by an Officer of Customs prior to detention, the detainee must be afforded as much personal privacy as the circumstances allow. The application of these Directions is confined to the Commonwealth of Australia and serves to implement and detail the requirements set out in the Customs Act 1901, thereby ensuring compliance with the legislative intent at a practical level.

Key Provisions

The CEO Directions No. 2 of 2004 under subsection 219ZJE(1) of the Customs Act 1901 (the Act) primarily pertain to the standards that must be met for the detention of individuals under certain provisions of the Act. Specifically, section 1 of the Directions mandates that individuals detained under Division 1BA of Part XII of the Act must be held in a room that conceals them from public view, is secure against unauthorised access, and provides reasonable ventilation and illumination (subsection 1(1)). If such a room is unavailable, the detainee may be held in a room meeting these criteria at another location or in a Customs vehicle if it is convenient and suitable to do so (subsection 1(2)). Additionally, section 2 of the Directions requires that any search conducted by an Officer of Customs before the detainee is taken to the place of detention must afford the individual as much personal privacy as the circumstances allow (subsection 2). The Act imposes several obligations on parties involved in the detention and search of individuals under its provisions. Primarily, it obligates Customs Officers to ensure that detainees are held in conditions that respect their privacy and provide reasonable comfort. This includes the requirement to detain individuals in a room that meets specific criteria or, if not possible, in an alternative suitable room or a Customs vehicle. Furthermore, Officers of Customs must conduct any searches with the detainee’s privacy in mind, ensuring that the search respects the individual’s personal privacy as much as possible under the circumstances. There are no explicit offences, penalties, or civil/criminal consequences outlined within the text of the Directions themselves. However, it is important to note that any failure to comply with the standards and requirements set out in the Directions could potentially be seen as non-compliance with the Customs Act 1901, which may carry its own penalties. The Act provides for a range of offences and penalties, including fines and imprisonment, for breaches of its provisions. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions or regulations that may apply.