Contents
2 Commencement#
This instrument commences on the day after it is registered.
3 Authority#
This instrument is made under section 219ZJE of the Customs Act 1901 (NI).
4 Definitions#
Note: A number of expressions used in this instrument are defined in the Customs Act 1901, including the following:
(a) designated place;
(b) officer of Customs.
In this instrument:
ABF vehicle means a vehicle:
(a)that is operated or under the control of the Australian Border Force; and
(b)that is used or capable of being used for the lawful transport or temporary detention of persons under Division 1BA of Part XII of the Customs Act 1901 (NI).
5 Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
6 Places of Detention#
(1)Subject to subsection (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 within that place that meets the following standards:
(a)persons inside the room are concealed from the view of persons outside the room;
(b)the room is secured against access by any person who is not an officer of Customs; and
(c)the room has reasonably comfortable ventilation and illumination.
(2)If a room meeting the standards in subsection (1) is not available in the designated place, the person must be detained in one of the following:
(a)if it is convenient and suitable to do so—a room in another designated place that meets the standards in subsection (1), or
(b)otherwise—an ABF vehicle.
7 Personal Privacy During Search#
For the purposes of paragraph 219ZJE(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 section 6, the officer conducting the search must afford the detainee as much personal privacy as the circumstances of the search allow.
8 Transitional provisions#
(1)This section applies if a person was detained under Division 1BA of Part XII of the Act before the commencement of this instrument, and the person remains in detention on or after commencement.
(2)In circumstances where subsection (1) applies, any associated search and detention arrangements done under the Comptroller-General of Customs (Places of Detention – Norfolk Island) Directions 2016 is taken to have been done under the corresponding provisions of this instrument.
Comptroller-General of Customs (Places of Detention – Norfolk Island) Directions 2016#
1 The whole of the instrument
Repeal the instrument.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.