EXPLANATORY STATEMENT

CEO Directions No 2 of 2005

Customs Act 1901

Subsection 4(4) of the Customs Administration Act 1985 (the Administration Act) provides that the CEO of Customs (the CEO) may make directions to Customs officers.  Subsection 183UC(1) of the Customs Act 1901 (the Act) provides that, without limiting the generality of subsection 4(4) of the Administration Act, the CEO may make directions under Division 1 or Part XII of the Act relating to the powers of officers.  Subsection 183UC(2) of the Act provides that directions made under subsection 183UC(1), are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.  Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, disallowable instruments are legislative instruments.

Background

Subsections 184B(6) and 184C(3) of the Act provide statutory authority for the use of force by Customs officers in certain circumstances.  Those circumstances are defined in section 185 and include the use of reasonable and necessary force, consistent with international law, to enable the boarding of vessels, including the firing of a gun as a signal and firing at or into a vessel.

Directions

CEO Directions No 2 of 2005 make directions under section 183UC of the Act and provide for the operation of CEO Order 2 - Rules of Engagement, which contains the mechanism for developing both general and specific Rules of Engagement for Customs marine units.  CEO Order 2 - Rules of Engagement may be obtained from Customs.

Consultation

No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before these directions were made as they are of a minor or machinery nature and do not substantially alter existing arrangements.

Commencement

The instrument will commence operation on the day it is registered.