{"id":"F2025L01189","name":"Customs (Places of Detention) Directions 2025","slug":"customs-places-of-detention-directions-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442991,"registerId":"F2025L01189-fast-fetch-1775957912044","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Places of Detention) Directions 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 25/096\n\n \n\nCustoms (Places of Detention) Directions 2025\n\nI, Gavan Reynolds, Comptroller-General of Customs, under section 219ZJE of the Customs Act 1901, make the following directions.\n\nDated  25 September 2025\n\nGavan Reynolds AO\n\nComptroller-General of Customs\n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Detention directions\n\n6  Places of detention\n\n7  Personal privacy during searches\n\n8  Transitional provisions\n\nSchedule 1—Repeals\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Customs (Places of Detention) Directions 2025.\n\n2  Commencement\n\n  This instrument commences on 1 October 2025.\n\n3  Authority\n\n  This instrument is made under section 219ZJE of the Customs Act 1901.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Customs Act 1901, including the following:\n\n(a) designated place;\n\n(b) officer of Customs.\n\n  In this instrument:\n\nABF means the Australian Border Force, which has the same meaning as in the Australian Border Force Act 2015.\n\nABF vehicle means a vehicle:\n\n (a) that is operated or under the control of the Australian Border Force; and\n\n (b) that is used or capable of being used for the lawful transport or temporary detention of persons under Division 1BA of Part XII of the Act.\n\nAct means the Customs Act 1901.\n\nDetainee means a person detained under Division 1BA of Part XII of the Act.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nPart 2—Detention directions\n\n6  Places of detention\n\n (1) Subject to subsection (2), for the purposes of paragraph 219ZJE(a) of the Act, a person detained under Division 1BA of Part XII of the Act in a designated place must be detained in a room within that place that meets the following standards:\n\n (a) persons inside the room are concealed from the view of persons outside the room;\n\n (b) the room is secured against access by any person who is not an officer of Customs; and\n\n (c) the room has reasonably comfortable ventilation and illumination.\n\n (2) If a room meeting the standards in subsection (1) is not available in the designated place, the person must be detained in:\n\n (a) if it is convenient and suitable to do so—a room in another place that meets the standards in subsection (1); or\n\n (b) otherwise—an ABF vehicle.\n\n7  Personal privacy during searches\n\n  For the purposes of paragraph 219ZJE(b) of the Act, if an officer of Customs conducts a search under section 219ZJD of the Act before taking a person to a place mentioned in section 6, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.\n\n8  Transitional provisions\n\n (1) This section applies if a person was detained under Division 1BA of Part XII of the Act before the commencement of this instrument, and the person remains in detention on or after commencement of this instrument.\n\n (2) A detention described in subsection (1), any associated search, holding arrangements, or reporting obligations are to be treated as if they were governed by this instrument on and from its commencement.\n\n (3) Anything done or omitted to be done under the Comptroller-General of Customs (Places of Detention) Directions 2015 is taken to have been done, or omitted to be done, under the corresponding provisions of this instrument.\n\n\n\n\nSchedule 1—Repeals\n\nComptroller-General of Customs (Places of Detention) Directions 2015\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its predecessor (the 2015 Directions). It continues to specify places of detention and privacy standards for persons detained under the same division of the Customs Act. The 2025 version appears to be a straightforward reissue/update rather than an expansion of regulatory scope."},"complexity_factors":["Short instrument: only 8 substantive sections plus a repeal schedule","Minimal defined terms: only 4 definitions in section 4, plus 2 references to definitions in the parent Act","Simple conditional structure: only one primary condition (subsection 6(2)) with two alternatives","Single cross-reference: relies on Division 1BA of Part XII of the Customs Act 1901 for the underlying detention powers","Straightforward transitional provisions: standard 'savings' clause ensuring continuity for existing detainees"],"plain_english_summary":"These Directions set standards for where Australian Border Force officers may hold people detained under customs powers and how searches and detention must respect privacy and humane conditions. They require private, secure, well-ventilated and lit rooms at authorised “designated places,” allow temporary alternatives (other suitable rooms or ABF vehicles), and apply to people already detained when the Directions commence. It affects detained individuals and ABF officers and updates the 2015 rules."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2015 Directions (Sch 1) and prescribes standards for detention locations and search privacy without creating new detention powers; authority remains s219ZJE. Transitional provisions treat existing detentions as governed by this instrument from commencement (see ss.3,6–8, Sch 1)."},"complexity_factors":["Narrow subject‑matter limited to places of detention and privacy during searches (Part 2: ss.6–7).","Relies on defined terms and cross‑references in the Customs Act (e.g. 'designated place', Division 1BA, s219ZJD), requiring statutory reading for full effect (see s.4).","\"Reasonably comfortable\" ventilation and illumination is an open standard that admits interpretation and operational judgement (s.6(1)(c)).","Fallback arrangements (transfer to another place or use of an ABF vehicle) introduce operational choices for officers and logistical considerations (s.6(2)).","Transitional treatment and repeal of the 2015 Directions require mapping prior arrangements onto the new instrument (s.8, Schedule 1)."],"plain_english_summary":"This instrument sets where people detained under Division 1BA of the Customs Act must be held: a room that conceals occupants, is secured against non‑officers, and has reasonable ventilation and lighting; if such a room is unavailable an alternate compliant room or an ABF vehicle may be used. It also requires officers to afford as much privacy as circumstances allow during searches before placement, and it repeals the 2015 Directions. It affects detainees and ABF officers and is made by the Comptroller‑General under s219ZJE (see ss.3,6–7, Sch 1)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/customs-places-of-detention-directions-2025","history":"/api/acts/customs-places-of-detention-directions-2025/history","analysis":"/api/acts/customs-places-of-detention-directions-2025/analysis","conflicts":"/api/acts/customs-places-of-detention-directions-2025/conflicts","importantCases":"/api/acts/customs-places-of-detention-directions-2025/important-cases","documents":"/api/acts/customs-places-of-detention-directions-2025/documents"}}