1Customs 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:

1. under subsection 219ZJE(1) of the Customs Act 1901 (the Act), give the attached directions;

2. 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;

(c) the room has reasonably comfortable ventilation and illumination.

(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.