Overview

The Customs Act 1901, as amended by CEO Directions No 2 of 2005, provides a legislative framework for the operation of Customs marine units, specifically addressing the use of force in maritime operations. This legislative instrument was enacted to establish clear guidelines and mechanisms for the development of Rules of Engagement for Customs marine units, ensuring the use of force is consistent with international law and is reasonable and necessary. The directions were introduced by the CEO of Customs under the authority granted by section 183UC of the Customs Act 1901, and they are intended to operate in conjunction with CEO Order 2 - Rules of Engagement. The CEO Directions No 2 of 2005 were not subject to consultation under the Legislative Instruments Act 2003 as they are considered minor and of a machinery nature, not substantially altering existing arrangements. These directions commenced on the day they were registered, providing a formal operational structure for Customs marine units in their maritime enforcement activities.

Scope and Application

CEO Directions No 2 of 2005, pursuant to the Customs Act 1901, applies to Customs officers who are authorised to operate under Division 1 or Part XII of the Act. These directions are instrumental in defining the operational protocols and the use of force by Customs officers, particularly in maritime scenarios. Geographically, the scope of these directions is national, as they are made under the authority of the Commonwealth and are applicable across Australia. These directions do not apply to any exclusions or exemptions specified within the Act or the accompanying CEO Order 2 - Rules of Engagement. The application of these directions may be further refined or expanded through subordinate instruments, although such extensions or restrictions are not detailed in the provided text. The instrument becomes effective on the day it is registered, marking the commencement of its operational application.

Key Provisions

The key operative sections of CEO Directions No 2 of 2005 are section 183UC(1) and section 183UC(2) of the Customs Act 1901. Section 183UC(1) allows the CEO of Customs to make directions relating to the powers of officers under Division 1 or Part XII of the Customs Act 1901. Section 183UC(2) specifies that these directions are disallowable instruments, meaning they can be reviewed and potentially disallowed by Parliament under section 46A of the Acts Interpretation Act 1901. This provision ensures that the directions remain within the legislative framework and can be subject to parliamentary scrutiny. The CEO Directions No 2 of 2005 impose obligations on Customs officers by establishing CEO Order 2 - Rules of Engagement. These rules provide the framework for developing both general and specific Rules of Engagement for Customs marine units. By adhering to these rules, Customs officers are guided on the appropriate use of force, particularly in situations where force may be necessary to board vessels or in compliance with international law. The Rules of Engagement are intended to ensure that the use of force by Customs officers is reasonable, necessary, and consistent with international standards. Breach of the provisions outlined in CEO Directions No 2 of 2005 could result in both civil and criminal consequences, depending on the nature and severity of the violation. Under the Customs Act 1901, officers who misuse their powers or act contrary to the Rules of Engagement could face disciplinary action, including potential termination of employment. Additionally, if the misuse of force leads to criminal charges, such as assault or unlawful use of firearms, the officers involved could face prosecution under Australian criminal law. The maximum penalties for such offences can vary widely, depending on the specific charges and the jurisdiction in which they are tried. The CEO Directions No 2 of 2005 were not subject to consultation under section 17 of the Legislative Instruments Act 2003 because they are considered to be of a minor or machinery nature and do not substantially alter existing arrangements. This means that while the directions are important for the operational guidance of Customs officers, they do not introduce significant changes to existing legal frameworks or impose new obligations on the public or stakeholders. The decision to forgo consultation was based on the relatively minor impact these directions have on the broader legislative landscape. The CEO Directions No 2 of 2005 will commence operation on the day they are registered, as per the provisions of the Legislative Instruments Act 2003. This means that once the directions are formally registered, they will immediately come into effect and must be adhered to by Customs officers. The registration process is a necessary administrative step to ensure that the directions are legally binding and enforceable within the Customs framework.