Customs Act 1901 - CEO Instrument of Approval No. 57 of 2000

Overview

The Customs Act 1901 was enacted to regulate the importation and exportation of goods in Australia, ensuring compliance with customs and related laws. The CEO Instrument of Approval No. 57 of 2000 was issued by Lionel Barrie Woodward, Chief Executive Officer of Customs, under the authority conferred by sections 4A and 219RAD of the Customs Act 1901. This instrument serves to approve a statement outlining the training requirements for Customs officers to operate the Rapiscan Secure 1000 Personnel Scanner, replacing the previous CEO Instrument of Approval No. 53 of 2000. The policy objective is to ensure that Customs officers are adequately trained to use this scanning equipment competently and safely, thereby enhancing the efficiency and effectiveness of customs operations. The training course developed by the Australian Customs Service comprises four key elements: passenger processing protocols, occupational health and safety issues, image interpretation, and the use and operation of the scanner.

Scope and Application

The CEO Instrument of Approval No. 57 of 2000 pertains to the training of Australian Customs officers in the operation of the Rapiscan Secure 1000 Personnel Scanner. This legislative instrument applies specifically to Customs officers within the Australian Customs Service who are required to operate the Rapiscan Secure 1000 Personnel Scanner. The training is designed to ensure that these officers can competently and safely use the scanner, which is integral to the customs process for screening passengers. The scope of this legislation is limited to the training provided and the competencies that officers must achieve, and it does not extend to the broader operations or activities of the Australian Customs Service. The geographic reach of this instrument is national, as it pertains to Customs officers throughout Australia. The approval of the training statement by the CEO signifies that the training meets the necessary standards and requirements set forth by the Customs Act 1901.

Key Provisions

The key operative sections of the CEO Instrument of Approval No. 57 of 2000 outline the approval process and the requisite training for the use of the Rapiscan Secure 1000 Personnel Scanner. Under section 1, the Chief Executive Officer of Customs approves a training statement as a description of the training required for Customs officers to operate the scanner. This training must be completed in four specific elements, which include passenger processing protocols, occupational health and safety issues, image interpretation, and the use and operation of the scanner. Each of these elements contains a series of competencies that must be mastered before an officer can be authorised to use the scanner (section 2). The obligations imposed by the Act on the parties it governs are primarily focused on ensuring that Customs officers receive and successfully complete the specified training before they are permitted to operate the Rapiscan Secure 1000 Personnel Scanner. The training program must cover four distinct elements, each with its own set of competencies. Officers are required to demonstrate proficiency in all aspects of the training, including understanding body scan imaging, applying correct procedures for detaining and searching individuals, adhering to occupational health and safety principles, interpreting images accurately, and correctly operating the scanner. This comprehensive training ensures that officers are well-equipped to use the scanner effectively and safely (section 3). Failure to comply with the training requirements and the competencies outlined in the approved statement can lead to various consequences. While the Act does not explicitly state civil or criminal penalties for non-compliance, it is clear that unauthorised use of the scanner by officers who have not completed the requisite training could lead to disciplinary actions or other forms of sanction by the Australian Customs Service. Additionally, if the improper use of the scanner results in harm to individuals or other significant breaches of safety protocols, there may be further legal repercussions. The overarching intent is to ensure that only properly trained officers operate the scanner to maintain safety and operational standards (section 4).