Federal Register of Legislation - Australian Government

Primary content

No. 2 of 2006 Directions/Other as made
Directions of the CEO of Customs in relation to the formulation of Rules of Engagement for certain Customs operations.
Administered by: Immigration and Border Protection
Registered 01 May 2006
Tabling HistoryDate
Tabled HR09-May-2006
Tabled Senate09-May-2006
Date of repeal 01 Oct 2016
Repealed by Sunsetting
Table of contents.

EXPLANATORY STATEMENT

CEO Directions No 2 of 2006

Customs Act 1901

Subsection 4(4) of the Customs Administration Act 1985 (the Administration Act) provides that the CEO of Customs (the CEO) may give 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 relating to the powers of officers under Division 1 of Part XII of the Act.  Subsection 183UC(2) of the Act provides that such directions 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 2006 (the Directions) make directions in accordance with section 183UC of the Act and provide for the operation of CEO Order 2 (2006)  - Rules of Engagement, which contains the mechanism for developing both general and specific Rules of Engagement for Customs marine units.  CEO Order 2 (2006) - Rules of Engagement is not intended to be made publicly available on the basis that it is classified (owing to its operational sensitivity), and unauthorised access could prejudice operational security and officers’ actions in the event of an operational incident.

The instrument making the Directions also revokes CEO Directions No 2 of 2005 which provided for the operation of CEO Order 2 - Rules of EngagementCEO Order 2 (2006) - Rules of Engagement contains Customs’ updated policy on the use of force.  Due to the operation of section 14 of the Legislative Instruments Act 2003, it is necessary to remake the Directions to ensure that they incorporate the updated CEO Orders.

Consultation

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

Commencement

The instrument will take effect on the day after it is registered.