This instrument is the Customs (Warrants—Cocos (Keeling) Island and Christmas Island) Directions 2025.

This instrument commences on 1 October 2025.

This instrument is made under section 183UC of the Customs Act 1901 (C.K.I.) and section 183UC of the Customs Act 1901 (C.I.).

4 Definitions

Note: A number of expressions used in this instrument are defined in section 183UA of the Customs Act 1901 (C.K.I) and section 183UA of the Customs Act 1901 (C.I.), including the following:

(a) authorised person;

(b) judicial officer;

In this instrument:

ABF Investigator means an officer of Customs holding, occupying or performing the duties of the position of investigator in the Australian Border Force.

Australian Border Force has the same meaning as in the Australian Border Force Act 2015.

Acts means the Customs Act 1901 (C.K.I.) and the Customs Act 1901 (C.I.).

Case Manager means the supervising officer of the investigation relevant to a particular warrant.

Example: An officer in the Australian Border Force holding, occupying or performing the duties of the following positions may be a case manager:

(a) Inspector; or

(b) Supervisor.

Case Officer means the officer responsible for conducting the investigation relevant to a particular warrant.

Example: An officer in the Australian Border Force holding, occupying or performing the duties of the following positions may be a case officer:

(a) Senior Border Force officer; or

(b) Supervisor.

Comptroller means the Comptroller of the Indian Ocean Territories Customs Service.

Legal Group means the organisational unit by that name in the Department of Home Affairs that provides legal service to officers of Customs.

Officer in Charge (OIC) means the highest-ranking officer on duty at a regional section undertaking the warrants at the time.

Example: An officer in a regional unit of the Australian Border Force holding, occupying or performing the duties of the following positions may be an officer in charge:

(a) Inspector; or

(b) Superintendent.

Officer of Customs has the same meaning as defined in section 4 of the Customs Act 1901 (C.K.I) and section 4 of the Customs Act 1901 (C.I.).

SES employee has the same meaning as in the Public Service Act 1999.

Warrant means a search or seizure warrant obtained through an application referred to in this instrument, and within the meaning of section 183UA of the Customs Act 1901 (C.K.I) and section 183UA of the Customs Act 1901 (C.I.).

5 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Directions relating to warrants

6 Applying for a search warrant

(1) A search warrant may only be applied for by an ABF Investigator who holds one or more of the following qualifications:

(a) a Certificate IV in Government Investigations;

(b) a Diploma of Government Investigations;

(2) Where practicable, prior to applying to a judicial officer for a search warrant, the application for the warrant should be vetted by the Case Manager or the OIC.

(3) The Legal Group or the Commonwealth Director of Public Prosecutions may be consulted as appropriate.

7 Applying for a seizure warrant

(1) A seizure warrant (including a seizure warrant for goods in transit) may only be applied for by an officer of Customs who:

(a) is an ABF Investigator who holds one or more of the following qualifications:

(i) a Certificate IV in Government Investigations;

(ii) a Diploma of Government Investigations;

(iii) an Advanced Diploma of Government (Investigations); or

(b) is otherwise trained in warrant application procedures.

(2) Where practicable, prior to applying to a judicial officer for a seizure warrant, the application for the warrant should be vetted by the Case Manager or the OIC.

(3) The Legal Group or the Commonwealth Director of Public Prosecutions may be consulted as appropriate.

8 Warrant application

(1) The application for a warrant should be made in the jurisdiction of the State of Western Australia.

(2) Officers of Customs must comply with any requirements placed on them by the Acts when applying for warrants.

9 Deficiencies in warrant applications

If a judicial officer rejects an application for a warrant referred to in this Part due to a substantive deficiency (including a deficiency involving something more significant than an administrative error), a further application must not be made without the prior permission of the relevant OIC.

10 Confirmation of necessity prior to warrant execution

Before a warrant is executed, the OIC or Case Manager must, in writing, confirm that the warrant is necessary and in accordance with the interests and functions of the Australian Border Force.

11 Potentially sensitive matters

If a warrant relates to a potentially sensitive matter, the OIC must ensure that an SES employee of the work area in which the OIC holds, occupies or performs the duties of the OIC position is briefed prior to the execution of the warrant.

12 Officers authorised to execute warrants

(1) A search warrant may only be executed by an ABF investigator who meets the qualification requirements in subsection 6(1).

(2) A seizure warrant (including a seizure warrant for goods in transit) may only be executed by:

(a) an officer of Customs who is trained in the examination of cargo or goods; or

(b) an ABF Investigator who meets the qualification requirements in subsection 7(1).

(3) An executing officer or person assisting must comply with all of the conditions of the warrant.

13 Persons assisting with warrants

In accordance with section 183UA of the Customs Act 1901 (C.K.I.) and section 183UA of the Customs Act 1901 (C.I.) (as applicable), a person assisting with the execution of a warrant must be either an authorised person, or be otherwise authorised by the Comptroller.

14 Reporting by ABF Investigators

(1) The following reporting requirements apply to warrants obtained from an application made by ABF Investigators in accordance with this Part.

Pre-warrant report

(2) After a Case Manager approves the making of an application for a warrant, and before the warrant obtained is executed by an ABF investigator, the Case Officer must complete a pre-warrant report detailing the nature and purpose of the proposed action in respect of the warrant, including a risk assessment.

(3) The pre-warrant report must be:

(a) recorded in the case management system; and

(b) disseminated in accordance with any applicable Australian Border Force operational reporting requirements; and

(i) the OIC; and

(ii) an SES employee of the work area in which the OIC holds, occupies or performs the duties of the OIC position.

Post-warrant report

(4) After the execution of a warrant, the Case Officer must compile a post-warrant report detailing the events and outcome of the actions in respect of the warrant.

(5) The post-warrant report must be:

(a) recorded in the case management system; and

(b) disseminated in accordance with Australian Border Force operational reporting requirements; and

(i) the OIC; and

(ii) an SES employee of the work area in which the OIC holds, occupies or performs the duties of the OIC position.

Allegations of Damage Report

(6) If any damage to property is alleged to have been caused by a person assisting or an officer executing a warrant, the person or officer, must as soon as practicable report the allegations to the OIC and to an SES employee of the work area in which the OIC holds, occupies or performs the duties of the OIC position.

(7) If a report made for the purpose of subsection (6) is made verbally, the report must be recorded in writing in the case management system as soon as practicable after the verbal report is made.

Use of Force Report

(8) If the use of force was exercised during the execution of a warrant, a report with full details must be submitted to the OIC as soon as practicable after the incident.

(9) If a report for the purpose of subsection (8) is made verbally, the report must be recorded in writing in the case management system as soon as practicable.

Note: Australian Border Force operational safety procedures must be followed.

15 Reporting by officers of Customs

(1) The following reporting requirements apply to officers of Customs who:

(a) are not ABF Investigators; and

(b) apply for a seizure warrant in accordance with section 7.

(2) Reporting requirements provided for in section 14 are to be complied with unless operational and administrative needs require modification to the reporting requirements.

(3) Any modifications should be minimal in order to ensure consistency and accountability.

16 Record-keeping

(1) All decisions and considerations regarding whether to apply for a warrant, and whether to execute a warrant, must be recorded.

(2) Each OIC of a work area responsible for warrants must maintain a formal record of all warrant applications (regardless of outcome), executed warrants, all searches conducted, and reports made for the purpose of subsections 14(6) and 14(8).

(3) Records made for the purposes of subsection 16(1) or 16(2) must be kept in accordance with applicable record-keeping requirements (including any case management system).

17 Transitional and savings provisions

(1) This section applies to any act or omission done under, or in relation to, the Comptroller Directions (Warrants) 2015, before the commencement of this instrument, including:

(a) warrants made but not yet issued;

(b) warrants issued but not yet executed; and

(2) Anything done or omitted to be done under, or for the purposes of the Comptroller Directions (Warrants) 2015, is taken to have been done or omitted under the corresponding provision of this instrument.

(3) Despite the repeal of the Comptroller Directions (Warrants) 2015, the provisions of this instrument apply, with any necessary modifications, to things to which subsection (1) applies.

Schedule 1—Repeals

Comptroller Directions (Warrants) 2015

1 The whole of the instrument

Repeal the instrument.