{"id":"F2025L01188","name":"Customs (Warrants) Directions 2025","slug":"customs-warrants-directions-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442989,"registerId":"F2025L01188-fast-fetch-1775957912001","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Warrants) 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 25/097\n\n \n\nCustoms (Warrants) Directions 2025\n\nI, Gavan Reynolds, Comptroller-General of Customs, 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—Directions relating to warrants\n\n6  Applying for a search warrant\n\n7  Applying for a seizure warrant\n\n8  Warrant application\n\n9  Deficiencies in warrant applications\n\n10  Confirmation of necessity prior to warrant execution\n\n11  Potentially sensitive matters\n\n12  Officers authorised to execute warrants\n\n13  Persons assisting with warrants\n\n14  Reporting by ABF Investigators\n\n15  Reporting by officers of Customs\n\n16  Record-keeping\n\n17  Transitional and savings provisions\n\nSchedule 1—Repeals\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Customs (Warrants) 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 183UC of the Customs Act 1901.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) authorised person;\n\n(b) judicial officer;\n\n(c) officer of Customs;\n\n(d) person assisting.\n\n  In this instrument:\n\nABF Investigator means an officer of Customs holding, occupying or performing the duties of the position of investigator in the Australian Border Force.\n\nAustralian Border Force has the same meaning as in the Australian Border Force Act 2015.\n\nAct means the Customs Act 1901.\n\nCase Manager means the supervising officer of the investigation relevant to a particular warrant.\n\nExample:  An officer in the Australian Border Force holding, occupying or performing the duties of the following positions may be a case manager:\n\n(a) Inspector; or\n\n(b) Supervisor.\n\nCase Officer means the officer responsible for conducting the investigation relevant to a particular warrant.\n\nExample:  An officer in the Australian Border Force holding, occupying or performing the duties of the following positions may be a case officer:\n\n(a) Senior Border Force officer; or\n\n(b) Supervisor.\n\nLegal Group means the organisational unit by that name in the Department of Home Affairs that provides legal service to officers of Customs.\n\nOfficer in Charge (OIC) means the highest-ranking officer on duty at a regional section undertaking the warrants at the time.\n\nExample: 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:\n\n(a) Superintendent; or\n\n(b) Inspector.\n\nSES employee has the same meaning as in the Public Service Act 1999.\n\nWarrant means a search or seizure warrant obtained through an application referred to in this instrument, and within the meaning 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\n\n\n\nPart 2—Directions relating to warrants\n\n6  Applying for a search warrant\n\n (1) A search warrant may only be applied for by an ABF Investigator who holds one or more of the following qualifications:\n\n (a) a Certificate IV in Government Investigations;\n\n (b) a Diploma of Government Investigations;\n\n (c) an Advanced Diploma of Government (Investigations).\n\n (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.\n\n (3) The Legal Group or the Commonwealth Director of Public Prosecutions may be consulted as appropriate.\n\n7  Applying for a seizure warrant\n\n (1) A seizure warrant (including a seizure warrant for goods in transit) may only be applied for by an officer of Customs who:\n\n (a) is an ABF Investigator who holds one or more of the following qualifications:\n\n (i) a Certificate IV in Government Investigations;\n\n (ii) a Diploma of Government Investigations;\n\n (iii) an Advanced Diploma of Government (Investigations); or\n\n (b)  is otherwise trained in warrant application procedures.\n\n (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.\n\n (3) The Legal Group or the Commonwealth Director of Public Prosecutions may be consulted as appropriate.\n\n8  Warrant application\n\n (1) Where possible, the application for a warrant should be made in the State or Territory in which the warrant is to be executed.\n\n (2) Officers of Customs must comply with any requirements placed on them by the Act when applying for warrants.\n\n9  Deficiencies in warrant applications\n\n  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.\n\n10  Confirmation of necessity prior to warrant execution\n\n  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.\n\n11  Potentially sensitive matters\n\n  If a warrant relates to a potentially sensitive matter, the OIC must ensure that an SES employee of the work area within which the OIC holds, occupies or performs the duties of the OIC position is briefed prior to the execution of the warrant.\n\n12  Officers authorised to execute warrants\n\n (1) A search warrant may only be executed by an ABF Investigator who meets the qualification requirements in subsection 6(1).\n\n (2) A seizure warrant (including a seizure warrant for goods in transit) may only be executed by:\n\n (a) an officer of Customs who is trained in the examination of cargo or goods; or\n\n (b) an ABF Investigator who meets the qualification requirements in subsection 7(1).\n\n (3) An executing officer or person assisting must comply with all of the conditions of the warrant.\n\n13  Persons assisting with warrants\n\n  In accordance with section 183UA of the Act, a person assisting with the execution of a warrant must be either an authorised person, or be otherwise authorised by the Comptroller-General of Customs.\n\n14  Reporting by ABF Investigators\n\n (1) The following reporting requirements apply to warrants obtained from an application made by ABF Investigators in accordance with this Part.\n\nPre-warrant report\n\n (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.\n\n (3) The pre-warrant report must be:\n\n (a) recorded in the case management system; and\n\n (b) disseminated in accordance with any applicable Australian Border Force operational reporting requirements; and\n\n (c) provided to:\n\n (i) the OIC; and\n\n (ii) an SES employee of the work area within which the OIC is holding, occupying or performing the duties.\n\nPost-warrant report\n\n (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.\n\n (5) The post-warrant report must be:\n\n (a) recorded in the case management system; and\n\n (b) disseminated in accordance with Australian Border Force operational reporting requirements; and\n\n (c) provided to:\n\n (i) the OIC; and\n\n (ii) an SES employee of the work area in which the OIC holds, occupies or performs the duties of the OIC position.\n\nAllegations of Damage Report\n\n (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.\n\n (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.\n\nUse of Force Report\n\n (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.\n\n (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 after the verbal report is made.\n\nNote: Australian Border Force operational safety procedures must be followed.\n\n15  Reporting by officers of Customs\n\n (1) The following reporting requirements apply to officers of Customs who:\n\n (a) are not ABF Investigators; and\n\n (b) apply for a seizure warrant in accordance with section 7.\n\n (2) Reporting requirements provided for in section 14 are to be complied with unless operational and administrative needs require modification to the reporting requirements.\n\n (3) Any modifications should be minimal in order to ensure consistency and accountability.\n\n16  Record-keeping\n\n (1) All decisions and considerations regarding whether to apply for a warrant, and whether to execute a warrant, must be recorded.\n\n (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).\n\n (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).\n\n17  Transitional and savings provisions\n\n (1) This section applies to any act or omission done under, or in relation to, the Comptroller-General of Customs (Warrants) Directions 2015, before the commencement of this instrument, including:\n\n (a) warrants made but not yet issued;\n\n (b) warrants issued but not yet executed; and\n\n (c) obligations to report on a warrant’s execution or any related incident.\n\n (2) Anything done or omitted to be done under, or for the purposes of the Comptroller-General of Customs (Warrants) Directions 2015, is taken to have been done or omitted under the corresponding provision of this instrument.\n\n (3) Despite the repeal of the Comptroller-General of Customs (Warrants) Directions 2015, the provisions of this instrument apply, with any necessary modifications, to things to which subsection (1) applies.\n\n\n\n\nSchedule 1—Repeals\n\nComptroller-General of Customs (Warrants) Directions 2015\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to be a straightforward replacement/update of the 2015 directions with the same scope - governing internal ABF procedures for warrants. The transitional provisions confirm continuity with the previous instrument."},"complexity_factors":["Straightforward structure with only 17 sections plus a repeal schedule","Limited cross-referencing (primarily references to the Customs Act 1901 and Australian Border Force Act 2015)","Clear role definitions (ABF Investigator, Case Manager, Case Officer, OIC) with concrete examples","Simple conditional logic (if X, then Y) without nested exceptions","Only 4 defined terms in the instrument itself (plus 4 terms referenced from the Act)","Procedural rather than substantive law - focuses on process steps rather than creating complex legal rights or obligations","No exceptions to exceptions or highly conditional drafting"],"plain_english_summary":"These directions set internal ABF rules for applying for and executing customs search and seizure warrants, specifying required investigator qualifications, supervisory vetting, reporting and record-keeping, and senior briefings for sensitive matters.  \n\nThey affect ABF officers, supervisors in Home Affairs, and people subject to customs searches, ensuring qualified, accountable, and transparent exercise of enforcement powers."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Comptroller‑General of Customs (Warrants) Directions 2015 (Schedule 1) and replaces it with updated procedural controls. It introduces explicit minimum training qualifications, supervisory vetting and written necessity confirmations (sections 6–7, 10), expanded and specified reporting and record‑keeping obligations (sections 14–16), and SES briefing requirements for sensitive matters (section 11). Transitional provisions preserve prior acts but apply the new instrument’s provisions to outstanding matters (section 17)."},"complexity_factors":["Qualification requirements for applicants and executors (Certificates IV/Diploma/Advanced Diploma in Government Investigations) (sections 6(1), 7(1), 12(1)–(2)).","Multiple approval and vetting steps (Case Manager or OIC vetting, written confirmation of necessity) introducing supervisory checkpoints (sections 6(2), 7(2), 10).","Mandatory consultation options with Legal Group or CDPP and cross‑reference to Act requirements, increasing legal oversight and dependency on external advice (sections 6(3), 7(3), 8(2)).","\"Where practicable\" and \"should\" language creating discretionary implementation choices (sections 6(2), 7(2), 8(1)).","Detailed reporting obligations (pre‑warrant, post‑warrant, allegations of damage, use of force) with case management system recordation (section 14).","Record‑keeping duties for OICs covering all applications and executed warrants regardless of outcome (section 16).","Specific delegation and authorisation rules for persons assisting, linking to Comptroller‑General discretion and Act provisions (section 13; defined terms and section 3 authority).","Requirement to apply for warrants in the State/Territory of execution where possible, adding procedural constraint (section 8(1)).","Restriction on re‑applying after substantive judicial rejection without OIC permission, adding a gatekeeping control (section 9).","Transitional and repeal provisions replacing the 2015 Directions while preserving prior acts, requiring mapping of legacy cases to new requirements (section 17; Schedule 1)."],"plain_english_summary":"This instrument sets rules for who may apply for and execute Customs search and seizure warrants, the minimum training required, and the internal approvals, pre‑ and post‑warrant reporting, use‑of‑force and damage reporting, and record‑keeping procedures that must be followed. \n\nIt affects ABF Investigators, other officers of Customs, officers in charge, case managers, SES staff and authorised assistants; it matters because it formalises operational controls, creates recurring compliance and training costs for the agency and its officers, and centralises decision and reporting responsibilities."},"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-warrants-directions-2025","history":"/api/acts/customs-warrants-directions-2025/history","analysis":"/api/acts/customs-warrants-directions-2025/analysis","conflicts":"/api/acts/customs-warrants-directions-2025/conflicts","importantCases":"/api/acts/customs-warrants-directions-2025/important-cases","documents":"/api/acts/customs-warrants-directions-2025/documents"}}