Customs Amendment Regulations 2002 (No. 6) 2002 No. 310
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 310
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2002 (No. 6)
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.
Section 189A of the Act provides for Customs officers to be issued with approved firearms for use in certain circumstances. Regulation 168 of the Customs Regulations 1926 (the principal Regulations) declare a number of kinds of firearms to be approved firearms for the purposes of section 189A of the Act.
The purpose of the proposed Regulations is to add two new kinds of firearms to the list of approved firearms.
The proposed Regulations have the effect of amending regulation 168 of the principal Regulations to add the CZ .22 Bolt Action Rifle and the Remington 700 Bolt Action Rifle as approved firearms that may be issued to Customs officers for use under section 189A of the Act.
One of the circumstances in which Customs officers may be issued with the approved firearms for use is when the officers are conducting remote area patrols in parts of northern Australia. Customs officers investigate airstrips, landing and camp sites and other reported activities in the area. The firearms are issued to provide self defence from dangerous marine and land animals, particularly crocodiles, sharks, snakes and wild pigs. In emergency situations, the firearms issued may also be used to obtain food.
The amending Regulations commenced on gazettal.
Overview
The Customs Amendment Regulations 2002 (No. 6), enacted under the authority of the Minister for Justice and Customs, aim to address the need for Customs officers to have appropriate firearms for their safety and operational requirements, particularly in remote areas of northern Australia. These regulations amend the Customs Regulations 1926 by adding two new kinds of firearms, the CZ.22 Bolt Action Rifle and the Remington 700 Bolt Action Rifle, to the list of approved firearms that may be issued to Customs officers. This change responds to the necessity for officers to defend themselves against dangerous marine and land animals, such as crocodiles, sharks, snakes, and wild pigs, during remote area patrols. The policy objective is to ensure that Customs officers are adequately equipped to perform their duties safely and effectively in challenging environments.
Scope and Application
The Customs Amendment Regulations 2002 (No. 6) applies to the Customs officers who are authorized to use approved firearms under section 189A of the Customs Act 1901. These officers are permitted to carry certain firearms during their duties, particularly during remote area patrols in parts of northern Australia, where they investigate airstrips, landing and camp sites, and other reported activities. The amendments to the Customs Regulations 1926 extend the list of approved firearms to include the CZ.22 Bolt Action Rifle and the Remington 700 Bolt Action Rifle, which are intended for self-defence against dangerous marine and land animals such as crocodiles, sharks, snakes, and wild pigs, and may also be used in emergencies to obtain food. The Regulations are applicable across the Commonwealth of Australia, where the need for such protective measures is deemed necessary. There are no specific exclusions or exemptions outlined in the Regulations, and they came into effect upon gazettal. The application of these Regulations can potentially be further defined or restricted through subordinate instruments as required.
Key Provisions
The Customs Amendment Regulations 2002 (No. 6) primarily introduce amendments to the Customs Regulations 1926 (the principal Regulations) by adding two new kinds of firearms to the list of approved firearms under section 189A of the Customs Act 1901 (the Act). Specifically, Regulation 168 is amended to include the CZ.22 Bolt Action Rifle and the Remington 700 Bolt Action Rifle as approved firearms that may be issued to Customs officers (section 2). This amendment allows Customs officers to carry these firearms when conducting remote area patrols in northern Australia, where they investigate airstrips, landing and camp sites, and other reported activities. The firearms are intended to provide self-defence against dangerous marine and land animals, such as crocodiles, sharks, snakes, and wild pigs, and may also be used in emergencies to obtain food.
The Customs Amendment Regulations 2002 (No. 6) impose certain obligations on Customs officers who are issued with the approved firearms. These officers must adhere to the regulations governing the use and storage of firearms, ensuring they are only used for the specified purposes of self-defence and emergency food procurement. Additionally, Customs officers are required to follow all relevant safety protocols and guidelines when handling and using the firearms. The Regulations also require that officers report any incidents involving the use of these firearms to the appropriate authorities, ensuring accountability and transparency in their operations.
Breaching the provisions of the Customs Amendment Regulations 2002 (No. 6) can lead to various civil and criminal consequences. If a Customs officer misuses an approved firearm or fails to comply with the regulations governing their use, they may face disciplinary action, including possible termination of employment. Furthermore, misuse of firearms can result in criminal charges under the Crimes Act 1914, which may include imprisonment, fines, or both, depending on the severity of the offence. The maximum penalties for firearm-related offences can vary, but they can include significant fines and lengthy prison terms, reflecting the seriousness of such breaches.