Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 3   Fisheries Management Act 1991

Part 3   Customs officers exercising powers as fisheries officers may carry arms

14   Before section 85

Insert:

84C Customs officers may carry arms in exercise of powers under this Act

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

(a) may issue approved firearms and other approved items of personal defence equipment to officers of Customs under his or her command for the purpose of enabling the safe exercise, by such officers, of powers conferred on them as officers within the meaning of section 4; 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 (1)(a), are kept in secure storage at all times when not required for use.

(2) Directions given by the CEO for the purposes of subsection 189A(2) of the Customs Act 1901 relating to the deployment of approved firearms and other approved items of personal defence equipment may extend to the deployment of such firearms and other items of equipment under this section.

(3) If:

(a) approved firearms and other approved items of personal defence equipment are issued to officers of Customs in accordance with subsection 189A(1) of the Customs Act 1901; and

(b) those officers are subsequently required, while carrying such firearms or other items of equipment, to exercise powers conferred on them under this Act;

then:

(c) the deployment of such firearms or other items of equipment has effect as if the firearms or other items of equipment had been issued under this section; and

(d) any directions given by the CEO that relate to any aspect of that deployment have effect accordingly.

(4) An officer of Customs 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 in the circumstances set out in this section; or

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

(5) In this section:

approved firearm means a firearm that is an approved firearm for the purposes of section 189A of the Customs Act 1901.

approved item of personal defence equipment means an item that is an approved item of personal defence equipment for the purposes of section 189A of the Customs Act 1901.

Customs vessel means a Commonwealth ship (within the meaning of the Customs Act 1901) that is under the command of an officer of Customs (including an officer of Customs exercising powers as an officer within the meaning of this Act) and flying a Customs flag within the meaning of section 14 of the Customs Act 1901.