Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 2   Customs Act 1901

Part 1   Chasing, boarding etc. ships and aircraft

32   After section 189

Insert:

189A Officers may carry arms in certain circumstances

(1) Subject to any directions from the CEO, the commander of a Customs vessel:

(a) may issue approved firearms and other approved items of personal defence equipment to officers under his or her command for the purpose of:

(i) enabling the use, by such officers, of a firearm in the circumstances set out in subsection 184B(6) or 184C(3); or

(ii) enabling the safe exercise, by such officers, of powers conferred on them under this Act, including powers related to the suspected commission or attempted commission of an offence against another Act; and

(b) must take all reasonable steps to ensure that approved firearms, and other approved items of personal defence equipment, that are available for issue under paragraph (a), are kept in secure storage at all times when not required for use.

(2) Without limiting the matters that may be the subject of directions under subsection 4(4) of the Customs Administration Act 1985 as modified by section 183UC, the CEO may give directions under that modified subsection relating to the deployment of approved firearms and other approved items of personal defence equipment under this section. The directions may deal with:

(a) the circumstances in which approved firearms and other approved items of personal defence equipment may be issued; and

(b) the circumstances in which such firearms and other items of equipment are to be recalled; and

(c) the circumstances in which such firearms and other items of equipment can be used and the manner of their use; and

(d) the nature of the secure storage of such firearms and other items of equipment when recalled; and

(e) any other matters relating to the deployment of such firearms and other items of equipment the CEO thinks appropriate.

(3) An officer is not required under, or by reason of, a law of a State or Territory:

(a) to obtain a licence or permission for the possession or use of an approved firearm or approved item of personal defence equipment; or

(b) to register such a firearm or other item of equipment.

(4) Nothing in this section affects the operation of any other provision of, or of the regulations under, this Act to the extent that that provision relates to the use of firearms in circumstances other than the circumstances referred to in this section.

(5) In this section:

approved firearm means a firearm of a kind declared by the regulations to be an approved firearm for the purposes of this section.

approved item of personal defence equipment means an extendable baton, an oleoresin capsicum spray or anti-ballistic clothing, and includes any other item that is declared by the regulations to be an approved item of personal defence equipment for the purposes of this section.

Customs vessel means a Commonwealth ship that is under the command of a Customs officer and flying a Customs flag within the meaning of section 14.