Comptroller-General of Customs Directions (Use of Force – Norfolk Island) 2016 (Cth)

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COMMONWEALTH OF AUSTRALIA

COMPTROLLER‑GENERAL OF CUSTOMS DIRECTIONS (USE OF FORCE – NORFOLK ISLAND) 2016

SUBSECTION 189A(2) OF THE CUSTOMS ACT 1901 (NI)

I, ROMAN QUAEDVLIEG, Comptroller‑General of Customs, under subsection 189A(2) of the Customs Act 1901 (NI) give the following directions relating to the deployment of approved firearms and other approved items of personal defence equipment:

  1. An authorised arms issuing officer shall ensure that a person to whom approved firearms or approved items of personal defence equipment (other than anti‑ballistic clothing) are issued is the holder of a valid and current qualification in accordance with Operational Safety Order (2015).

  1. Approved firearms and approved items of personal defence equipment must be deployed and used in accordance with the same obligations and limitations in Operational Safety Order (2015) that apply to the deployment and use of approved firearms and approved items of personal defence equipment under the Customs Act 1901 (Cth).

  1. Approved firearms and approved items of personal defence equipment shall be stored according to the same guidelines set out in Operational Safety Order (2015) that apply in relation to the storage of such items by an officer of Customs under the Customs Act 1901 (Cth). Any failure to store any approved firearms or approved items of personal defence equipment in the manner provided therein shall be reported to the authorised arms issuing officer.

  1. An officer of Customs may only use force in accordance with the same procedures set out in Operational Safety Order (2015) that apply to an officer of Customs under the Customs Act 1901 (Cth). This includes where an officer of Customs is exercising powers to:

a)     direct;

b)    detain;

c)     physically restrain;

d)    arrest;

e)     enter or remain on coasts, airports, ports, bays, harbours, lakes and rivers;

f)     execute a seizure or search warrant;

g)    remove persons from a restricted area; or

h)     board, detain vessels or require assistance.

These Directions commence on 1 July 2016.

Dated: 14 June 2016

ROMAN QUAEDVLIEG

Comptroller‑General of Customs

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