Customs Amendment Regulations 2004 (No. 1) 2004 No. 88
EXPLANATORY STATEMENT
STATUTORY RULES 2004 NO. 88
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2004 (No. 1)
Subsection 270(1) 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 or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any other business relating to the Customs.
The purpose of the amending Regulations is to prescribe an additional approved firearm, the Browning 0.50 Calibre Infantry Machinegun, for use by certain authorised Customs officers.
Section 189A of the Act enables 'authorised arms issuing officers' to issue approved firearms to 'officers authorised to carry arms'. Both classes of officers are authorised by the Chief Executive Officer of Customs. The 'officers authorised to carry arms' may use approved firearms to fire signals, to disable ships, to compel ships to be brought to for boarding or to enable the safe exercise, by such officers, of powers conferred on them under the Act or any other Act.
Subsection 189A(5) of the Act defines 'approved firearms' as a firearm of a kind declared by the regulations to be an approved firearm for the purposes of section 189A.
Regulation 168 of the Customs Regulations 1926 (the Principal Regulations) sets out those firearms that are approved firearms.
The amending Regulations amend regulation 168 of the Principal Regulations to add the Browning 0.50 Calibre Infantry Machinegun to the list of approved firearms.
The Government has decided that Customs will lease a vessel to conduct patrols of Australia's Exclusive Economic Zone in the Southern Ocean. The amending Regulations will provide Customs with an additional approved firearm which is more suitable for the nature of the operations being undertaken in the Southern Ocean. The vessel which will be used for the patrols in the Southern Ocean will be modified to enable deployment and use of the firearm by an authorised officer should the circumstances warrant.
The amending Regulations commence on the date of their notification in the Gazette.
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Overview
The Customs Amendment Regulations 2004 (No. 1), issued under the authority of the Minister for Justice and Customs, were enacted to address the need for an additional approved firearm within the operational scope of certain authorised Customs officers. This amendment to the Customs Act 1901 serves to incorporate the Browning 0.50 Calibre Infantry Machinegun into the list of approved firearms, as outlined in regulation 168 of the Customs Regulations 1926. The policy objective behind this change is to enhance the capabilities of authorised officers, particularly those engaged in patrolling Australia's Exclusive Economic Zone in the Southern Ocean. By adding this more suitable firearm, the Government aims to ensure the safe and effective execution of duties by Customs officers, enabling them to respond appropriately to various maritime scenarios as required by the Act or other relevant legislation.
Scope and Application
The Customs Amendment Regulations 2004 (No. 1) pertains to specific authorised Customs officers and their operational capabilities within Australia's jurisdiction. The Act applies to those authorised officers who are permitted to carry and use firearms as part of their duties, specifically those officers who are authorised to carry arms and those designated as arms issuing officers. These officers are identified and authorised by the Chief Executive Officer of Customs, and they may use approved firearms for signalling, disabling ships, compelling ships to be boarded, and exercising powers conferred under the Customs Act 1901 or other related legislation. The amendment extends to the Browning 0.50 Calibre Infantry Machinegun, which is added to the list of approved firearms as per the Customs Regulations 1926. This addition is particularly relevant to the operational needs of Customs officers involved in patrols of Australia's Exclusive Economic Zone in the Southern Ocean, where the firearm's capabilities are deemed more suitable for the tasks at hand. The regulations do not specify exclusions or exemptions but ensure that any use of the approved firearms is strictly within the purview of the Customs Act 1901 and its subordinate instruments.
Key Provisions
The Customs Amendment Regulations 2004 (No. 1) make specific changes to the Customs Regulations 1926, primarily by adding the Browning 0.50 Calibre Infantry Machinegun to the list of approved firearms for use by authorised Customs officers. This addition is pursuant to section 189A of the Customs Act 1901, which allows for the issue of approved firearms to officers authorised to carry arms for various operational purposes, including firing signals, disabling ships, and compelling ships to be brought to for boarding. Regulation 168 of the Principal Regulations, which lists approved firearms, is amended to include this new firearm.
The amending Regulations impose certain obligations on parties involved. The Chief Executive Officer of Customs must ensure that any officer authorised to carry arms is appropriately trained and authorised to use the Browning 0.50 Calibre Infantry Machinegun. This includes adherence to all operational protocols and safety measures associated with the firearm. Additionally, the vessel that will be leased and modified for patrols in the Southern Ocean must meet specific criteria to safely deploy and use the machinegun. Any modifications or use must comply with the regulations and relevant safety standards.
Failure to comply with the provisions of these Regulations can result in various consequences. The Customs Act 1901 and related regulations provide for both civil and criminal penalties. For instance, unauthorised use of an approved firearm can lead to criminal charges, with potential penalties including fines and imprisonment. Additionally, failure to adhere to safety protocols or operational guidelines could result in civil penalties under the Act. The exact penalties depend on the nature and severity of the breach but are outlined in the relevant sections of the Customs Act 1901 and other applicable legislation.