Customs Act 1901 - CEO Directions No. 4 of 2002

Overview

The Customs Act 1901 is an Australian federal legislation that was enacted to regulate the importation and exportation of goods, including firearms, to and from Australia. The Act was introduced to address the need for stricter control and regulation of firearms in the country to ensure public safety and prevent illegal activities. The CEO Directions No. 4 of 2002 was enacted by the Commonwealth of Australia under subsection 189A(2) of the Customs Act 1901. The policy objective of the Directions is to ensure that firearms are only issued to authorised officers who have been certified to be competent in the safe handling and use of firearms, and to maintain a permanent firearms and ammunition issue/receipt log to ensure accountability and traceability of firearms and ammunition. The Directions also aim to ensure that firearms are only used for authorised purposes and in accordance with the guidelines and instructions set out in the Customs Workplace 2002. The Directions provide a framework for the deployment of approved firearms and other approved items of personal defence equipment by authorised arms issuing officers and officers authorised to carry arms who are not performing duties in the National Marine Unit.

Scope and Application

The CEO Directions No. 4 of 2002, issued under subsection 189A(2) of the Customs Act 1901, pertain specifically to the deployment of approved firearms and other approved items of personal defence equipment. These directions apply exclusively to authorised arms issuing officers and officers authorised to carry arms who have been granted such authority under section 189A of the Customs Act 1901, with the exception of those performing duties in the National Marine Unit. These directions came into effect on 19 December 2002 and mandate that firearms are only to be issued by authorised arms issuing officers to officers who have successfully completed the Operational Firearms Safety and Proficiency Handling Course, ensuring they are competent in the safe handling and use of these firearms. Furthermore, firearms can only be issued within the same District or Regional Office, and this issuance must be directed by the District Manager, the Director of Regional Queensland, or the Manager of Border Compliance and Enforcement. Additionally, issuing officers are required to maintain a comprehensive log detailing the issue and receipt of firearms and ammunition, and all officers must adhere to the guidelines for safe handling and storage of firearms in the Customs workplace. Officers are also required to report any use or discharge of firearms to their line managers and supervisors, and must undertake annual re-accreditation assessments with periodic firearm training to maintain their proficiency.

Key Provisions

The key provisions of CEO Directions No. 4 of 2002, issued under subsection 189A(2) of the Customs Act 1901, focus on the deployment of approved firearms and personal defence equipment within the Australian Customs Service. These provisions apply specifically to authorised arms issuing officers and officers authorised to carry arms, excluding those in the National Marine Unit. The directions took effect on 19 December 2002. Section 1 stipulates that issuing officers may only distribute approved firearms to authorised officers who have successfully completed a certified course in safe handling and proficiency in firearm use, as assessed by an authorised Regional Firearms Instructor. Section 2 mandates that firearms can only be issued within the same District or Regional Office and must be directed by the District Manager, Director of Regional Queensland, or Manager of Border Compliance and Enforcement. Section 3 requires issuing officers to maintain a detailed firearms and ammunition log, capturing essential information such as the date, serial number, type of firearm and ammunition, and the authorised officer's name. Sections 4 and 5 outline the circumstances under which firearms may be issued and the need for compliance with specific guidelines for safe handling and storage. Additionally, Section 6 mandates that any use of a firearm against other persons be reported immediately to the line manager or supervisor, with an initial verbal report followed by a written one. Section 7 requires that the discharge of a firearm in operational circumstances be reported to the appropriate line manager or supervisor as soon as possible. Section 8 mandates annual re-accreditation assessments for officers using firearms in remote area patrols, with recommendations for additional training every four months. The Act imposes several obligations on the parties involved. Issuing officers must ensure that only certified and competent officers receive firearms, and must adhere to the directives of senior management for issuing firearms within the same District or Regional Office. They are also required to maintain comprehensive and accurate logs of firearm and ammunition issuance and receipt. Officers authorised to carry firearms must comply with all guidelines for safe handling, storage, and use, and report any incidents involving firearm use or discharge to their supervisors promptly. Re-accreditation assessments and ongoing training are mandated to ensure officers remain proficient and safe in their duties. Failure to comply with the provisions of these directions can result in significant consequences. While the directions themselves do not explicitly outline penalties, non-compliance could potentially lead to disciplinary action under the Customs Act 1901 or other relevant legislation. Additionally, any misuse or negligent handling of firearms could result in criminal charges under state or federal laws, with potential penalties including fines and imprisonment. The seriousness of such offences is underscored by the requirement for immediate reporting of incidents involving firearm use or discharge.