{"id":"F2016L01036","name":"Comptroller-General of Customs (Places of Detention – Norfolk Island) Directions 2016","slug":"comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129334,"registerId":"commonwealth-F2016L01036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"COMMONWEALTH OF AUSTRALIA","sectionType":"part","heading":"COMMONWEALTH OF AUSTRALIA","content":"# ![](image.001.png)  \nCOMMONWEALTH OF AUSTRALIA","sortOrder":0},{"sectionNumber":"COMPTROLLER‑GENERAL OF CUSTOMS (Places o","sectionType":"part","heading":"COMPTROLLER‑GENERAL OF CUSTOMS (Places of detention — NORFOLK ISLAND) DIRECTIONS 2016","content":"# COMPTROLLER‑GENERAL OF CUSTOMS (Places of detention – NORFOLK ISLAND) DIRECTIONS 2016","sortOrder":1},{"sectionNumber":"SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT ","sectionType":"part","heading":"SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901 (nI)","content":"# SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901 (nI)\n\n    I, ROMAN QUAEDVLIEG, Comptroller‑General of Customs, under subsection 219ZJE(1) of the Customs Act 1901 (NI) (the NI Customs Act), give the following Directions:\n\n1. Places of detention\n\n(1) Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(a) of the NI Customs Act, a person detained under Division 1BA of Part XII of the NI Customs Act in a designated place must be detained in a room in the designated place that meets the following standards:\n\n(a) persons inside the room are concealed from the view of persons outside;\n\n(b) the room is secured against access by persons other than officers of Customs;\n\n(c) the room has reasonably comfortable ventilation and illumination.\n\n(2) If a room meeting the standards in subitem (1) is not available in the designated place, the person must be detained:\n\n(a) if it is convenient and suitable to detain a person in a room that meets the standards in subitem (1) at another place ‑ in that room;\n\n(b) otherwise - in an Australian Border Force vehicle.\n\n2. Personal privacy during search\n\nFor the purposes of paragraph 219ZJE(1)(b) of the NI Customs Act, if an officer of Customs conducts a search under section 219ZJD of the NI Customs Act before taking a person to a place mentioned in item 1, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.\n\n    These Directions commence on 1 July 2016.\n\n    Dated: 14 June 2016\n\nROMAN QUAEDVLIEG\n\nComptroller‑General of Customs","sortOrder":2}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Directions do not expand or narrow who may be detained; they prescribe where and how detainees covered by Division 1BA of the NI Customs Act must be held and how searches should respect privacy as circumstances permit (see heading and items 1–2). The instrument implements standards under subsection 219ZJE(1) rather than altering detention powers or eligibility."},"complexity_factors":["Short, narrowly focused text (three operative items) — low syntactic and interpretive complexity.","Depends on cross-references to Division 1BA and subsection 219ZJE(1) of the NI Customs Act and to section 219ZJD (source), requiring legal context-checking but not complex rule construction.","Operational contingencies: fallback to another place or to an Australian Border Force vehicle if standards cannot be met (item 1(2)) — simple conditional rule but with practical implementation implications.","Qualified standards (\"reasonable\" ventilation and illumination; \"as much personal privacy as the circumstances of the search allow\") create officer-level discretion (items 1(1)(c) and 2) and potential fact-specific application questions.","Compliance burden is primarily on Customs/Border Force to provide suitable rooms or use vehicles and to balance privacy against search/transfer needs (items 1 and 2)."],"plain_english_summary":"These Directions require that people detained under Division 1BA of the Norfolk Island Customs Act be held in a room at a designated place that conceals them from view, is secure against non‑Customs access, and provides reasonable ventilation and lighting; if such a room is unavailable, detention may occur in an equivalent room elsewhere or in an Australian Border Force vehicle. Officers must afford as much privacy as the search circumstances allow. Affects detainees, Customs officers and Border Force operations by imposing facility and procedural obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: setting standards for places of detention and search privacy for customs detentions on Norfolk Island. It implements the specific power in section 219ZJE(1) of the Customs Act 1901 (Norfolk Island) without expansion into adjacent areas."},"complexity_factors":["Very short document (only 2 operative items plus commencement)","Minimal defined terms (only 'NI Customs Act' and standard officer titles)","Simple conditional structure (if-then-else in item 1(2))","No cross-references to other legislation beyond the empowering provision","Clear, direct language with no nested exceptions or technical machinery"],"plain_english_summary":"This instrument sets standards for where and how Australian Border Force may hold people detained under Norfolk Island customs laws, requiring secure, ventilated, private rooms and allowing transfer to another compliant site or an ABF vehicle if needed.  \n\nIt affects detained individuals and officers, ensuring humane, secure detention and privacy protections and aligning Norfolk Island practice with mainland Australian standards."}},"importantCases":[],"_links":{"self":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016","history":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016/history","analysis":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016/analysis","conflicts":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016/conflicts","importantCases":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016/important-cases","documents":"/api/acts/comptroller-general-of-customs-places-of-detention-norfolk-island-directions-2016/documents"}}