COMMONWEALTH OF AUSTRALIA
COMPTROLLER-GENERAL OF CUSTOMS (Places of detention) DIRECTIONS 2015
SUBSECTION 219ZJE(1) OF THE CUSTOMS ACT 1901
I, ROMAN QUAEDVLIEG, Comptroller-General of Customs, under subsection 219ZJE(1) of the Customs Act 1901 (the Customs Act), give the following Directions:
1. Places of detention
(1) Subject to subitem (2), for the purposes of paragraph 219ZJE(1)(a) of the Customs Act, a person detained under Division 1BA of Part XII of the 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 (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.
2. Personal privacy during search
For the purposes of paragraph 219ZJE(1)(b) of the Customs Act, if an officer of Customs conducts a search under section 219ZJD of the 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 2015.
Dated: 18 June 2015
Comptroller-General of Customs