Commonwealth legislation

Customs Act 1901 - CEO Directions No. 2 of 2004

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This document sets the minimum standards for how and where Customs officers must detain people under the Customs Act.

What it covers:

Detention rooms: People held by Customs must be kept in rooms that:
- Block public view (privacy from outside)
- Can be locked or secured so only Customs officers can enter
- Have reasonable fresh air and lighting
Backup options: If a suitable room isn't available at the designated place:
- Move the person to a compliant room at another convenient location, or
- Detain them in a Customs vehicle
Search privacy: If officers must search someone before moving them to a detention room, they must provide as much personal privacy as possible given the circumstances.

These rules ensure people detained by Customs (for example, during border investigations) are treated with basic dignity and held in safe conditions.

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Current sections

Direct links to the current provisions in Customs Act 1901 - CEO Directions No. 2 of 2004.

Customs Act 1901 - CEO Directions No. 2 of 2004

CEO DIRECTIONS NO. 2 OF 2004 SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901 COMMONWEALTH OF AUSTRALIA I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs:

under subsection 219ZJE(1) of the Customs Act 1901 (the Act), give the attached directions;
under subsection 219ZJE(1) of the Act and subsection 33(3) of the Acts Interpretation Act 1901 revoke CEO Directions No. 1 of 2004.

This instrument takes effect on and from gazettal. Dated: 2 August 2004

LIONEL BARRIE WOODWARD Chief Executive Officer of Customs

1 Places of detention

(1) Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(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 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;

(2) If a room meeting the standards in (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 a Customs vehicle.

2 Personal privacy during search

For the purposes of paragraph 219ZJE(1)(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 item 1, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Customs Act 1901 - CEO Directions No. 2 of 2004