EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 185
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2005 (No. 4)
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.
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.
The purpose of the amending Regulations is to prescribe an additional approved firearm, the FN Herstal General Support Machine Gun (GSMG) MAG 58 (7.62mm), for use by certain authorised Customs officers.
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 FN Herstal General Support Machine Gun (GSMG) MAG 58 (7.62mm) to the list of approved firearms.
No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
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Overview
The Customs Amendment Regulations 2005 (No. 4) were enacted to amend the Customs Regulations 1926, which are subsidiary legislation made under the Customs Act 1901. The problem or gap these regulations aimed to address was the need to update the list of approved firearms that authorised Customs officers could use for specific purposes such as firing signals, disabling ships, or compelling ships to be boarded. The regulations were introduced to ensure that the approved list of firearms remained current and effective in meeting the operational needs of the Customs service. These regulations were issued by the Minister for Justice and Customs and the policy objective was to facilitate the use of a specific firearm, the FN Herstal General Support Machine Gun (GSMG) MAG 58 (7.62mm), by authorised Customs officers. The amendment was of a minor nature and did not require public consultation as it did not substantially alter existing arrangements. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Scope and Application
The Customs Amendment Regulations 2005 (No. 4) pertain to the Customs Act 1901 and specifically address the regulation and classification of firearms used by authorised Customs officers. These Regulations apply to authorised arms issuing officers and officers authorised to carry arms, who are designated by the Chief Executive Officer of Customs. The Regulations amend the Customs Regulations 1926 to include the FN Herstal General Support Machine Gun (GSMG) MAG 58 (7.62mm) as an approved firearm, expanding the range of firearms that these officers can legally carry and use for specific purposes such as firing signals, disabling ships, and enforcing compliance with the Customs Act or other legislation. The Regulations have a national reach within Australia, governing the conduct of authorised Customs officers across all jurisdictions. There are no stated exclusions or exemptions in these Regulations, and they are intended to be minor adjustments without significant impact on existing practices. The Regulations do not extend or restrict the application beyond the specified addition of the approved firearm and come into effect the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Customs Amendment Regulations 2005 (No. 4) make specific changes to the Customs Regulations 1926, adding the FN Herstal General Support Machine Gun (GSMG) MAG 58 (7.62mm) to the list of approved firearms (Regulation 1). This addition is made under the authority of section 270(1) of the Customs Act 1901, ensuring that the regulations do not conflict with the Act and are necessary for its effective operation. This amendment specifically addresses the definition of "approved firearms" as outlined in section 189A(5) of the Act, which allows authorised arms issuing officers to issue these firearms to officers authorised to carry arms.
Under the Customs Act 1901, officers authorised to carry arms can use approved firearms for various purposes, such as firing signals, disabling ships, compelling ships to be brought to for boarding, and exercising powers conferred by the Act or any other Act (Section 189A). The amendment imposes an obligation on the Chief Executive Officer of Customs to ensure that the FN Herstal GSMG MAG 58 (7.62mm) is appropriately authorised and issued only to those officers who are qualified and authorised to carry arms. This regulation ensures that the use of the specified firearm is controlled and limited to authorised personnel for legitimate purposes.
Breaches of the provisions in the Customs Act 1901 and the Customs Regulations 1926 can result in serious legal consequences. For example, using an approved firearm without authorisation or for unauthorised purposes can lead to criminal charges under the Act, potentially resulting in substantial penalties. The specific penalties for such offences depend on the severity of the breach, but they can include significant fines and imprisonment terms. The precise penalties are not detailed in the amending Regulations but are governed by the broader provisions of the Customs Act 1901. Additionally, civil actions may be taken for any harm or damage caused by the misuse of approved firearms, further reinforcing the importance of strict compliance with the regulations.