COMMONWEALTH OF AUSTRALIA
COMMONWEALTH OF AUSTRALIA
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COMMONWEALTH OF AUSTRALIA
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Commonwealth legislation
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.
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Direct links to the current provisions in Comptroller-General of Customs (Places of Detention – Norfolk Island) Directions 2016.
COMMONWEALTH OF AUSTRALIA
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:
(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:
(a) persons inside the room are concealed from the view of persons outside;
(b) the room is secured against access by persons other than officers of Customs;
(c) the room has reasonably comfortable ventilation and illumination.
(2) If a room meeting the standards in subitem (1) is not available in the designated place, the person must be detained:
(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;
(b) otherwise - in an Australian Border Force vehicle.
For 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.
These Directions commence on 1 July 2016.
Dated: 14 June 2016
ROMAN QUAEDVLIEG
Comptroller‑General of Customs
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
COMMONWEALTH OF AUSTRALIA
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:
(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:
(a) persons inside the room are concealed from the view of persons outside;
(b) the room is secured against access by persons other than officers of Customs;
(c) the room has reasonably comfortable ventilation and illumination.
(2) If a room meeting the standards in subitem (1) is not available in the designated place, the person must be detained:
(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;
(b) otherwise - in an Australian Border Force vehicle.
For 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.
These Directions commence on 1 July 2016.
Dated: 14 June 2016
ROMAN QUAEDVLIEG
Comptroller‑General of Customs