Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)Schedule 10 - The issue and use of firearms and personal defence equipment
Customs Act 1901
This item repeals and substitutes subsection 189A(1) of the Customs Act.
Subsection 189A(1) of the Customs Act presently enables the commander of a Customs vessel, subject to any directions from the CEO, to issue approved firearms and other approved items of personal defence equipment to Customs officers under his or her command. A firearm can be issued for the purpose of enabling its use by such officers to board either a foreign or Australian ship that has been chased in accordance with the Customs Act. A firearm or item of personal defence equipment can be issued to enable the safe exercise, by such officers, of powers conferred on them under the Customs Act including powers related to the suspected or attempted commission of an offence against another Act.
In addition to section 189A, the CEO of Customs may direct a Customs officer to carry firearms in accordance with regulation 194 of the Customs Regulations 1926 . The CEO has directed Customs officers to carry firearms when undertaking patrols in remote areas of Australia where they may be called upon to exercise powers under a number of Acts including the Quarantine Act 1908. Such directions are limited so that the officers can use the firearms only for defence against dangerous animals and for survival purposes.
Personal defence equipment can be issued to officers of Customs only in the circumstances described in section 189A of the Customs Act. There are circumstances in addition to those described in section 189A where it is considered appropriate for officers to have access to personal defence equipment.
The purpose of the amendments is to tighten the various provisions and accommodate the various circumstances where the CEO considers it appropriate for an officer to be issued with personal defence equipment and firearms.
It is therefore proposed to amend subsection 189A(1) so that firearms and personal defence equipment can be issued to Customs officers to enable the safe exercise of powers conferred on them under the Customs Act and any other Act. It is proposed that firearms will continue to be issued to enable the boarding of either a foreign or Australian ship that has been chased in accordance with the Customs Act.
It is also proposed to amend subsection 189A(1) to remove the restriction that the commander of a Customs vessel issues the approved firearms and other approved items of personal defence equipment to officers under his or her command. New subsection 189A (1) will enable an authorised arms issuing officer to issue approved firearms and approved items of personal defence equipment to Customs officers authorised to carry arms. Both the arms issuing officer and the arms carrying officer must be authorised by the CEO to carry out these respective functions.
This item inserts a new definition of authorised arms issuing officer into section 189A for the purposes of new subsection 189A(1). The arms issuing officer is defined as an officer of Customs authorised, in writing, by the CEO of Customs to exercise the powers or perform the functions of an authorised arms issuing officer under section 189A.
Item 3 - Subsection 189A(5) (definition of Customs vessel)
This item repeals the current definition of Customs vessel in subsection 189A(5). This definition is relevant only for the purposes of current subsection 189A(1) and is not required for the new subsection.
This item inserts a new definition of officer authorised to carry arms into section 189A for the purposes of new subsection 189A(1). This officer is defined as an officer of Customs who is authorised in writing, by the CEO of Customs, to use approved firearms and approved items of personal defence equipment issued by the authorised arms issuing officer for either of the purposes specified in subparagraphs (1)(a)(i) and (ii) of section 189A.