Customs Amendment Regulations 2001 (No. 2) 2001 No. 63
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 63
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2001 (No. 2)
Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
These Regulations amend regulation 168(b) of the Customs Regulations 1926 ("the Regulations") by adding a new approved firearm which, in specific circumstances, may be issued to officers of Customs.
Section 189A of the Customs Act provides for Customs officers to carry and use approved firearms and other approved items of personal defence equipment in certain circumstances. An approved firearm is firearm of a kind declared by the regulations to be an approved firearm for these purposes.
These regulations prescribe another firearm for these purposes. Item 1 of Schedule 1 inserts the Remington 870 Marine Magnum shotgun as a new firearm which may be approved for use by Customs officers.
This weapon will be carried by Customs officers to provide self defence from dangerous marine and land animals, particularly crocodiles, sharks, snakes and wild pigs. In remote areas of northern Australia, Customs officers conduct patrols away from the main Customs vessel, utilising the vessel's tenders to provide transport ashore. Customs officers investigate airstrips, landing and camp sites and other reported activities in the area. In emergency situations, the firearm may be used to obtain food.
The regulations commenced on gazettal.
Overview
The Customs Amendment Regulations 2001 (No. 2) were enacted to address a specific need within the Customs Act 1901 by allowing for the addition of a new approved firearm for use by Customs officers in certain circumstances. This regulatory change was issued under the authority of the Minister for Justice and Customs and aims to ensure that Customs officers are adequately equipped for self-defence and other operational needs when conducting patrols in remote and potentially hazardous environments. The policy objective of these regulations is to provide Customs officers with an approved firearm, specifically the Remington 870 Marine Magnum shotgun, to protect them from dangerous marine and land animals, such as crocodiles, sharks, snakes, and wild pigs, and to enable them to obtain food in emergency situations during their patrols in northern Australia.
Scope and Application
The Customs Amendment Regulations 2001 (No. 2) concern amendments to the Customs Regulations 1926 under the Customs Act 1901. Specifically, these regulations introduce a new approved firearm for use by Customs officers in certain situations. The Remington 870 Marine Magnum shotgun is designated as an approved firearm, which may be carried and used by Customs officers primarily for self-defence against dangerous marine and land animals encountered in remote areas of northern Australia. This amendment allows Customs officers to protect themselves effectively during patrols and investigations in these high-risk environments. The regulations came into effect immediately upon gazette publication, expanding the range of approved firearms available for use by Customs officers in line with the Act's provisions.
Key Provisions
The Customs Amendment Regulations 2001 (No. 2) introduce changes to the Customs Regulations 1926 by adding the Remington 870 Marine Magnum shotgun to the list of approved firearms that may be issued to Customs officers (Schedule 1, Item 1). This addition is in line with section 189A of the Customs Act 1901, which allows for the carrying and use of approved firearms by Customs officers under certain circumstances. These circumstances include the need for self-defence against dangerous animals encountered during patrols in remote areas of northern Australia. The approved firearms are those declared by regulation to serve this purpose, and the new regulation specifies the Remington 870 Marine Magnum shotgun as an additional approved firearm. The inclusion of this shotgun aims to enhance the safety and effectiveness of Customs officers who patrol these hazardous environments.
The Customs Amendment Regulations 2001 (No. 2) impose specific obligations on Customs officers who are authorised to carry and use the approved firearms, including the newly added Remington 870 Marine Magnum shotgun. These obligations ensure that officers are trained in the safe use of the approved firearms and understand the circumstances under which they may carry and use these weapons. The Regulations require that officers adhere to the guidelines set forth in the Customs Act 1901 and any additional protocols established by the relevant authorities. The officers must also be equipped to respond appropriately to threats posed by dangerous animals and must be capable of using the firearms for self-defence or in emergency situations to obtain food.
Breaches of the provisions in the Customs Amendment Regulations 2001 (No. 2) can result in various civil and criminal consequences. The misuse or improper handling of approved firearms by Customs officers may lead to disciplinary actions under internal departmental policies. Furthermore, any actions that contravene the regulations may be subject to penalties under the Customs Act 1901. While the specific penalties are not detailed in the Explanatory Statement, they may include fines, imprisonment, or both, depending on the severity of the breach. It is important for Customs officers to comply with the regulations to avoid any potential legal ramifications and to ensure the safety and effectiveness of their duties.