Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026

EXPLANATORY STATEMENT

Issued by the Comptroller-General of Customs, Comptroller of the Indian Ocean Territories Customs Service

Customs Act 1901 (including its application in the external territories)

Legislative authority

The Customs Act 1901 (Customs Act) concerns customs‑related functions and is the legislative authority that sets out the customs requirements for the importation, and exportation, of goods to and from Australia.

The Customs Act applies to the following external territories:

the Customs Act applies, with modification, on Christmas Island as if that Act is a law of that territory by operation of the Customs Ordinance 1993 made under the Christmas Island Act 1958 and is cited as Customs Act (C.I.) in accordance with the ordinance;
the Customs Act applies, with modification, on Cocos Keeling Islands as if that Act is a law of that territory by operation of the Customs Ordinance 1993 made under the Cocos (Keeling) Islands Act 1955 and is cited as Customs Act (C.K.I.) in accordance with the ordinance;
the Customs Act applies, with modification, on Norfolk Island as if that Act is a law of that territory by operation of the Norfolk Island Customs Ordinance 2016 made under the Norfolk Island Act 1979 and is cited as Customs Act (NI) in accordance with the ordinance.

For Christmas Island and the Cocos Keeling Islands, the relevant ordinances establish the Indian Ocean Customs Service, which comprises of the Comptroller of the Indian Ocean Customs Service and customs officers. The Comptroller-General of Customs has been appointed as the Comptroller of the Indian Ocean Customs Service. That Comptroller has appointed officers of Customs to be customs officers.

For Norfolk Island, the relevant ordinance refers to the Comptroller-General of Customs and officers of Customs.

Section 189A of the Customs Act (including its application to external territories) provides authority for officers of Customs to carry firearms and other items of approved personal defence equipment for the purpose of enabling the safe exercise of powers conferred on them under that Act (including its application to external territories) or any other Act.

Background

Subsection 189A(2) of the Customs Act (including its application on the relevant external territories) provides that the Comptroller-General of Customs, or the Comptroller of the Indian Ocean Territories Customs Service, may give directions relating to:

the circumstances in which approved firearms and other approved items of personal defence equipment may be issued;
the circumstances in which such firearms and other items of equipment are to be recalled;
the circumstances in which such firearms and other items of equipment can be used and the manner of their use;
the nature of the secure storage of such firearms and other items of equipment when recalled; and
any other matters relating to the deployment of such firearms and other items of equipment the Comptroller-General of the Customs, or Comptroller of the Indian Ocean Territories Customs Service, thinks appropriate.

The Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026 (2026 Directions) is made under subsection 189A(2) of the Customs Act (including its application on the relevant external territories) to set out directions applicable to the issue, use and storage of approved firearms and other approved items of personal defence equipment.

Purpose and effect

The purpose of the 2026 Directions is to provide a legislative framework for the issue and use of approved firearms and other approved items of personal defence equipment to officers of Customs, authorised under subsection 189A(7) of the Customs Act, for use in the exercise of statutory powers. The 2026 Directions also sets out directions in respect of the management of approved firearms and other approved items of personal defence equipment after they are issued and when not in use, and the circumstances under which they can be recalled.

The 2026 Directions replace and repeal both the Comptroller-General of Customs (Operational Safety) Directions 2021 and Comptroller (Operational Safety) Directions 2021 (together, these are hereon referred to as the “2021 Directions”).

The 2026 Directions have the effect of elevating some of the policy settings and procedures in respect of the issue and use of approved firearms and other approved items of personal defence equipment, that fall within matters covered by subsection 189A(2) of the Customs Act, into the 2026 Directions.

In elevating policy settings and procedures, the 2026 Directions expressly provide for and limit the circumstances for the issue and use of approved firearms or other approved items of personal defence equipment.

The policy framework for the issue and use of approved firearms and other approved items of personal defence equipment continues to be set out in policy procedures which cover the following:

use of force;
competency standards;
qualification and re-qualification of officers of Customs in the carriage and use of arms;
management structures for the training and monitoring of the use of force and the carriage and use of arms in the Australian Border Force;
safety and security in relation to the carriage and use of arms;
operational safety administration;
operational safety risk management; and
operational safety reporting.

The policy framework emphasises the use of communication and de-escalation and the use of force as a last resort in any interaction between officers of Customs and members of the public.

This policy framework is not elevated into the 2026 Directions because the matters concerned are procedural matters.

Consultations

The 2026 Directions apply to officers in the Department, including the Australian Border Force. The key difference between 2026 Directions and the 2021 Directions is that some policy settings and procedures in respect of the issue and use of approved firearms and other approved items of personal defence equipment, that fall within matters covered by subsection 189A(2) of the Customs Act, are elevated into the 2026 Directions.

This is done to expressly provide for and limit the circumstances for the issue and use of approved firearms or other approved items of personal defence equipment, and as such the changes are therefore machinery in nature and do not themselves change the policy settings that are elevated into the 2026 Directions.

The Australian Border Force undertakes consultation with external stakeholders and international law enforcement partners, from time to time, to ensure currency of training, issue, use and storage of firearms and personal defence equipment. These consultations may also include consideration to ensure best practice is maintained.

For the afore-mentioned reasons, and because the changes are machinery, no consultation specific to the 2026 Directions was undertaken.

Details and operations

Details of the 2026 Directions are set out in Attachment A.

The 2026 Directions are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The 2026 Directions commence on the day after the Directions are registered on the Federal Register of Legislation.

Other matters

A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and is at Attachment B.

ATTACHMENT A

Details of the Customs (Deployment of Approved Items of Firearms and Other Approved Personal Defence Equipment) Directions 2026

Section 1 Name

This section provides that the name of the instrument is the Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026 (2026 Directions).

Section 2 Commencement

This section has the effect that the whole of the 2026 Directions commence on the day after the Directions are registered on the Federal Register of Legislation.

Section 3 Authority

This section provides that the authority to make the 2026 Directions is subsection 189A(2) of the Customs Act 1901, including its application to external territories. That is:

subsection 189A(2) of the Customs Act 1901 (C.I.) (paragraph 3(b) refers);
subsection 189A(2) of the Customs Act 1901 (C.K.I.) (paragraph 3(c) refers); and
subsection 189A(2) of the Customs Act 1901 (NI) (paragraph 3(d) refers).

Section 4 Definitions

This section concerns terms referred to in the 2026 Directions.

The note under the heading of section 4 explains that several terms used in the 2026 Directions are defined in the Act (including its application in external territories), including the following:

approved firearm (paragraph (a) refers);
approved item of personal defence equipment (paragraph (b) refers);
authorised arms issuing officer (paragraph (c) refers);
officer authorised to carry arms (paragraph (d) refers);
officer of Customs (paragraph (e) refers).

The purpose of section 4 is to define the intended meaning of the referenced terms. These include as follows.

The term “APS” is the abbreviation of the Australian Public Service established under section 9 of the Public Service Act 1999.

The term “APS employee” has the same meaning given by section 7 of the Public Service Act 1999, which means a person engaged under section 22 of that Act, or a person who is engaged as an APS employee under section 72 of that Act.

The term “APS Level 6” means the classification of the same name approved by the Classification Rules.

The term “Australian Border Force” has the same meaning given by section 4 of the Australian Border Force Act 2015. That section defines the Australian Border Force to mean the part of the Department of Home Affairs known by as the Australian Border Force.

The term “Australian Border Force Act” means the Australian Border Force Act 2015. That Act is hereon referred to as the Australian Border Force Act.

The term “Australian Border Force Commissioner” has the same meaning given by section 4 of the Australian Border Force Act, which is the Commissioner by that name of the Australian Border Force.

The term “Classification Rules” means the Public Service Classification Rules 2000.

The term “Customs Act” means the Customs Act 1901.

The term “Customs Act (C.I.)” has the same meaning given by the Customs Ordinance 1993 made under the Christmas Island Act 1958. Under that ordinance, the Customs Act as modified to apply on Christmas Island may be cited as the Customs Act (C.I.).

The term “Customs Act (C.K.I.)” has the same meaning given by the Customs Ordinance 1993 made under the Cocos (Keeling) Islands Act 1955. Under that ordinance, the Customs Act as modified to apply on Cocos Keeling Islands may be cited as the Customs Act (C.K.I.).

The term “Customs Act (NI)” has the same meaning given by the Norfolk Island Customs Ordinance 2016 made under the Norfolk Island Act 1979. Under that ordinance, the Customs Act as modified to apply on Norfolk Island may be cited as the Customs Act (NI).

The term “Department” means the Department of State known as the Department of Home Affairs.

The term “Executive Level 1” means the classification of the same name approved by the Classification Rules.

The term “lockable storage space” sign posts the meaning given by section 10 and means a fixed compartment or facility with restricted access for the storage of approved firearms or other approved items of personal defence equipment.

The term “lockable container” sign posts the meaning given by section 10 and means an impact resistant container that is capable of being locked at two separate points.

The term “Public Service Act” means the Public Service Act. That Act is hereon referred to as the Public Service Act.

Section 5 Repeal

This section repeals both the Comptroller (Operational Safety) Directions 2021 and the Comptroller-General of Customs (Operational Safety) Directions 2021.

Section 6 Directions for an authorised arms issuing officer

Subsection 6(1)

Section 6 of the 2026 Directions concerns directions given to authorised arms issuing officers, who are officers authorised to issue arms under subsection 189A(6) of the Customs Act, including its application to external territories, and is made for the purposes of paragraphs 189A(2)(a), (b) and (e) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI). The directions given are in subsections 6(2) to (4); subsection 6(1) refers.

Subsection 6(2)

This subsection contains a direction setting out three circumstances under which an authorised arms issuing officer may issue approved firearms or other approved items of personal defence equipment to an officer authorised to carry arms. These circumstances include:

the deployment of the approved firearms or other approved items is to enable the safe exercise of powers conferred on them under the Customs Act (including its application in the external territories) or any other Act for the purposes of a task or activity that is planned or otherwise;
the deployment of the approved firearms or other approved items is to enable the delivery of training to an officer of Customs for the purpose mentioned in paragraph (a);
the use of the approved firearms or other approved items is for maintaining the serviceability of approved firearms or other approved items for the purpose mentioned in paragraph (a).

The purpose of this subsection is to expressly provide for and limit the circumstances for the issue of approved firearms or other approved items of personal defence equipment to the specified circumstances.

Those circumstances are elected to ensure that the issue of approved firearms or other approved items of personal defence equipment under section 189A of the Customs Act (including its application to external territories) are for the purpose of enabling the safe exercise of powers conferred on them under the Customs Act (including its application in the external territories) or any other Act.

For example, an officer authorised to carry arms may be issued with firearms and personal defence equipment where it is foreseeable that the officer may exercise the power of arrest and the issuing of firearms and personal defence equipment is required to enable the officer to safely exercise the power.

Additionally, the 2026 Directions expressly describe the circumstances of deployment of approved firearms and other approved items of personal defence equipment for the training of officers of Customs, and for the maintenance of approved firearms and other approved items personal defence equipment. These circumstances directly relate to enabling an officer of Customs to safely exercise a power for which approved firearms and other approved items of personal defence equipment may be issued.

Subsection 6(3)

This subsection contains a direction that directs an authorised arms issuing officer (first officer) not to issue any approved firearms or other approved items of personal defence equipment to an officer authorised to carry arms if the first officer is directed under subparagraph (4)(b)(ii) to not issue any approved firearms or other approved items to an officer authorised to carry arms.

The purpose of this subsection is to set out the circumstance under which approved firearms or other approved items of personal defence equipment must not be issued by an authorised arms issuing officer to an officer authorised to carry arms; being a circumstance subject to the elements set out in subparagraph 6(4)(c)(ii) of the 2026 Directions.

Subsection 6(4)

Subsection 6(4) provides that, if:

an officer authorised to carry arms is seeking to be issued with approved firearms or other approved items of personal defence equipment; and
any of the following applies:
1. the officer authorised to carry arms indicates to the authorised arms issuing officer that the officer authorised to carry arms is ill, injured, impaired or otherwise incapacitated in a manner that would affect the safe use of the approved firearms or other approved items; or
2. the officer authorised to carry arms is visibly ill, injured, impaired or otherwise incapacitated in a manner that would affect the safe use of the approved firearms or other approved items; or
3. the relevant officer has been informed that the ability of the officer authorised to carry arms to use approved firearms or other approved items is under reconsideration;

then:

a relevant officer may:
1. if the relevant officer is an authorised arms issuing officer—refuse to issue the officer authorised to carry arms with the approved firearms or other approved items; or
2. in any other case—direct an authorised arms issuing officer to not issue any approved firearms or other approved items to the officer authorised to carry arms seeking to be issued with the approved firearms or other approved items.

Paragraph 6(4)(a) provides for circumstances where officers authorised to carry arms, who are seeking to be issued with approved firearms or other approved items of personal defence equipment, are not to be issued with approved firearms or other approved items of personal defence equipment. Those circumstances are detailed in paragraph 6(4)(b).

Paragraph 6(4)(b) sets out alternate considerations that a relevant officer (as defined under subsection 6(5) of the 2026 Directions) may consider for directing an authorised arms issuing officer to not issue an officer authorised to carry arms with any approved firearms or other approved items of personal defence equipment.

At its core, the fitness and appropriateness for an officer authorised to carry arms is relevant to each of the considerations under paragraph 6(4)(b). An officer who is ill or injured may not be in a position to exercise powers safely.

Paragraph 6(4)(c) contains two different actions by a relevant officer for the purpose of subsection 6(4). Subparagraph 6(4)(c)(i) concerns the circumstance where the relevant officer is the authorised arms issuing officer and enables that officer to directly refuse the issuing of approved firearms or other approved items of personal defence equipment to any officers authorised to carry arms to which any of the considerations under paragraph 6(4)(b) apply.

Subparagraph 6(4)(c)(ii) enables another officer to direct an authorised arms issuing officer to not issue an officer authorised to carry arms with any approved firearms or other approved items of personal defence equipment, provided any of the considerations under paragraph 6(4)(b) apply to the officer authorised to carry arms concerned.

For example, an officer’s supervisor is aware that a particular officer authorised to carry arms is impaired by illness, or by injury (physical or psychological), or by alcohol, prescribed medication or illicit substances, and directs the authorised arms issuing officer not to issue approved firearms and other approved items of personal defence equipment to the officer authorised to carry arms.

Examples for the purposes of subparagraph 6(4)(b)(iii) include, but are not limited to, circumstances where an appropriate officer may direct the authorised arms issuing officer not to issue approved firearms and other approved items of personal defence equipment to a particular officer authorised to carry arms where:

the officer is suspended from duty; or
the officer has an inability to demonstrate competence in the operational safety assessment; or
the officer is on leave for a period of more than 3 months; or
the officer is absent from work, and the absence is unauthorised; or
the officer has previously discharged an issued approved firearm without authorisation.

The purpose of subsection 6(4) is to provide controls to prevent officers who are not fit in the circumstances to safely use approved firearms or other approved items of personal defence equipment from being issued with those approved firearms and other approved items. In doing so, this subsection operates to only enable, the issue of approved firearms or other approved items of personal defence equipment to officers authorised to carry arms that are suitably fit for use of those approved firearms and other approved items.

The intention to ensure only suitably fit officers authorised to carry arms are to use approved firearms or other approved items of personal defence equipment are complemented by the operation of subsections 7(4) and (5) of the 2026 Directions.

Subsection 6(5)

This subsection is an interpretative provision and provides for the meaning of “relevant officer” in subsection 6(4), which means the following officers of Customs:

an officer of Customs who is an APS employee of the Australian Border Force and who holds, or performs the duties of, an APS Level 6 position or a position higher than an APS Level 6 position in the Australian Border Force; or
an officer of Customs who is the direct supervisor of the officer authorised to carry arms.

Direct supervisors and APS employees of the Australian Border Force at the classification of APS Level 6 or an approved classification higher than APS Level 6 are best positioned and of sufficient classification in the chain of command to identify if officers authorised to carry arms they supervise or who is part of their unit is affected by considerations set out in paragraph 6(4)(b).

These supervisors and APS employees are covered by the definition of relevant officer to ensure sufficient flexibility in the range of personnel of sufficient classification in the chain of command, enabling swift action under subsection 6(4).

Section 7 Directions for an officer authorised to carry arms

Subsection 7(1)

Section 7 concerns directions given to officers authorised to carry arms, who are officers authorised to use approved firearms and approved items of personal defence equipment under subsection 189A(7) of the Customs Act, including its application to external territories, and is made for the purposes of paragraphs 189A(2)(a), (b), (d) and (e) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI). The directions given are in subsections 7(2) to (5); subsection 7(1) refers.

Subsection 7(2)

This subsection provides that an officer authorised to carry arms that has been issued with approved firearms or other approved items of personal defence equipment for a circumstance set out in subsection 6(2) is directed to keep the approved firearms or other approved items in a secure state. The meaning of secure state is set out in subsection 7(6).

This subsection is a direction in respect of the management of approved firearms and other approved items of personal defence equipment after they are issued. The purpose of this subsection is to minimize the risk that approved firearms and other approved items of personal defence equipment issued but not yet required for use could pose to the officer authorised to carry arms, their colleagues or the community.

Subsection 7(3)

Subsection 7(3) provides that, if:

an officer authorised to carry arms has been issued with approved firearms or other approved items of personal defence equipment; and
any of the following applies:
1. the officer authorised to carry arms indicates to the authorised arms issuing officer that the officer authorised to carry arms is ill, injured, impaired or otherwise incapacitated in a manner that would affect the safe use of the approved firearms or other approved items; or
2. the officer authorised to carry arms is visibly ill, injured, impaired or otherwise incapacitated in a manner that would affect the safe use of the approved firearms or other approved items; or
3. the relevant officer has been informed that the ability of the officer authorised to carry arms to use approved firearms or other approved items is under reconsideration;

then:

a relevant officer may direct an officer authorised to carry arms to return any approved firearms or other approved items issued to the officer authorised to carry arms.

Paragraph 7(3)(a) provides for circumstances where officers authorised to carry arms, who has been issued with approved firearms or other approved items of personal defence equipment, could be asked to return the approved firearms or other approved items of personal defence equipment. Those circumstances are detailed in paragraph 7(3)(b).

Paragraph 7(3)(b) sets out alternate considerations that a relevant officer (as defined under subsection 7(6) of the 2026 Directions) may consider for directing an officer authorised to carry arms to return any approved firearms or other approved items of personal defence equipment that have been issued.

At its core, like paragraph 6(4)(b), the fitness and appropriateness for an officer authorised to carry arms is relevant to each of the considerations under paragraph 7(3)(b). An officer who is ill or injured may not be in a position to exercise powers safely.

Paragraph 7(3)(c) enables a relevant officer (as defined in subsection 7(6)) to direct the return of any approved firearms or other approved items of personal defence equipment issued to the officer authorised to carry arms to whom the circumstances under paragraph 7(3)(b) apply.

For example, a relevant officer may direct an officer authorised to carry arms to return approved firearms and other approved items of personal defence equipment when the officer becomes injured while conducting a task or activity for which the items were issued, and the injury would affect the officer’s ability to safely exercise powers.

Like subsection 6(4), the purpose of subsection 7(3) is to set out controls to prevent officers who are not fit to use approved firearms or other approved items of personal defence equipment from using approved firearms and other approved items. In doing so, this subsection operates to enable the use of approved firearms or other approved items of personal defence equipment by officers authorised to carry arms that are suitably fit for use of those approved firearms and other approved items.

Subsection 7(4)

This subsection provides that, if an officer authorised to carry arms is directed under subsection (3) to return any approved firearms or other approved items of personal defence equipment issue to the officer, the officer must:

return the issued approved firearms or other approved items as soon as practicable; or
cause the return of the issued approved firearms or other approved items as soon as practicable.

The purpose of this subsection is to complement the controls under subsection 7(3) by requiring officers authorised to carry arms the subject of a direction under subsection 7(4) to return any approved firearms or other approved items of personal defence equipment issued to them. In circumstances where the officers cannot return approved firearms or other approved items of personal defence equipment issued to them, paragraph 7(4)(b) provides flexibility by enabling the officer to cause the return of issued approved firearms or other approved items to be returned.

Subsection 7(5)

This subsection provides that, if an officer authorised to carry arms is ill, injured, impaired or otherwise incapacitated in a manner that would affect the safe use of the approved firearms or other approved items, the officer must:

return the issued approved firearms or other approved items as soon as practicable; or
cause the return of the issued approved firearms or other approved items as soon as practicable.

The operation of this subsection is not limited by subsections 7(3) and (4).

This subsection allows officers authorised to carry arms to self-assess their fitness to use issued approved firearms or other approved items of personal defence equipment.

The purpose of this subsection is to complement the controls referred to in the explanation for subsection 7(3) by requiring officers authorised to carry arms to self-assess their fitness to use issued approved firearms or other approved items of personal defence equipment.

The objective of this subsection is to include situations where an incident has occurred after an officer authorised to carry arms has been issued with approved firearms or other approved items of personal defence equipment that could impact their fitness to use those approved firearms or other approved items. This subsection requires the affected officer to self-assess and return issued approved firearms or other approved items of personal defence equipment as necessary.

In doing so, this subsection has the effect of complementing the controls (as set out in the explanation for the operation of subsection 7(3)) that seeks to ensure that only officers authorised to carry arms that are suitably fit to use approved firearms or other approved items of personal defence equipment to return or cause the return the approved firearms or other approved items after they have been issued with them.

Subsection 7(6)

This subsection is an interpretative provision and provides for the meaning of “secure state” in subsection 7(2) and “relevant officer” in subsection 7(3).

For the term “secure state”, in respect of approved firearms or other approved items of personal defence equipment, that term is defined to mean:

in the circumstances when approved firearms or other approved items has been deployed to be used as soon as practicable, in a state where the approved firearms or other approved items would not inadvertently cause harm or injury to any person;
in all other circumstances, secured in accordance with section 10.

The purpose of the definition is to complement subsection 7(2) and clarify the intended state that that issued approved firearms or other approved items of personal defence equipment must be in when not yet in use.

For the term “relevant officer”, like subsection 6(5), that term is defined to capture the following officers of Customs:

an officer of Customs who is an APS employee of the Australian Border Force and who holds, or performs the duties of, an APS Level 6 position or a position higher than an APS Level 6 position in the Australian Border Force; or
an officer of Customs who is the direct supervisor of the officer authorised to carry arms.

Section 8 Directions for recall of approved firearms and approved items of personal defence equipment

Subsection 8(1)

Section 8 concerns directions given in relation to the recall of approved firearms and other approved items of personal defence equipment and is made for the purposes of paragraphs 189A(2)(b) and (d) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI). The directions given are in subsections 8(2) to (5); subsection 8(1) refers.

Subsection 8(2)

Subsection 8(2) provides that approved firearms and other approved items of personal defence equipment can be recalled at any time by an authorised arms issuing officer or an APS employee of the Australian Border Force holding, or performing the duties of, an Executive Level 1 position or a position higher than an Executive Level 1 position in the Australian Border Force.

APS employees of the Australian Border Force at the classification of Executive Level 1 or an approved classification higher than that approved classification are of sufficient classification in the chain of command to identify if there are any changes to tasks or planned activities for which approved firearms or other approved items of personal defence equipment are issued to officers authorised to carry arms that necessitates a recall of those approved firearms or other approved items.

These APS employees are covered by this subsection to ensure sufficient flexibility in the range of personnel of sufficient classification in the chain of command, enabling swift action.

Subsection 8(3)

Subsection 8(3) provides that at the conclusion of a task or activity (including training or maintenance) for which approved firearms and other approved items of personal defence equipment were issued, all firearms and other approved items of personal defence equipment issued for the task or activity are recalled.

The note at the end of subsection 8(3) provides clarification where multiple tasks or activities are to be undertaken by officers authorised to carry arms and draws the reader’s attention to the operation of subsection 33(3) of the Acts Interpretation Act 1901. The note states that, where multiple tasks or multiple activities are undertaken, subsection (3) would operate such that approved firearms and other approved items of personal defence equipment issued are to be recalled at the end of the tasks or activities.

The purpose of this subsection is to set out a direction for the return of approved firearms and other approved items of personal defence equipment and thereby limiting the possession of those approved firearms and other approved items to the circumstances for which those approved firearms and other approved items are issued.

Subsection 8(4)

This subsection provides that an officer authorised to carry arms must return any approved firearms and other approved items of personal defence equipment in their possession that have been recalled to an authorised arms issuing officer as soon as practicable.

The purpose of this subsection is to complement the operation of subsections 8(2) and (3) by requiring the return of any approved firearms and other approved items of personal defence equipment where those approved firearms and other approved items are recalled under subsection 8(2) or (3).

Subsection 8(5)

This subsection provides that an authorised arms issuing officer is to ensure any approved firearms and other approved items of personal defence equipment that have been recalled are returned to secure storage as soon as practicable.

The purpose of subsection 8(5) is to set out a direction applicable to authorised arms issuing officers directing them to arrange for approved firearms and other approved items of personal defence equipment, returned by officers authorised to carry arms, to be returned to secure storage.

Section 9 Directions for use of approved firearms and approved items of personal defence equipment

Subsection 9(1)

Section 9 concerns directions are given in relation to the use of approved firearms and other approved items of personal defence equipment and is made under for the purpose of paragraphs 189A(2)(a), (c) and (e) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI). The directions given are in subsections 9(2) and (4); subsection 9(1) refers.

Subsection 9(2)

This subsection provides that an officer authorised to carry arms may use approved firearms or other approved item of personal defence equipment issued to the officer in the following circumstances:

the use of the approved firearms or other approved items is:
1. to enable the safe exercise of powers conferred on the officer under the Customs Act (including its application in the external territories) or any other Act; or
2. to enable the delivery of training to an officer of Customs for the safe exercise of a power covered by subparagraph (2)(a)(i);
3. for maintaining the serviceability of approved firearms or other approved items for the purpose mentioned in subparagraph (2)(a)(i); and
the use of the approved firearms or other approved items is in a manner consistent with enabling the safe exercise of the powers covered by subparagraph (a)(i).

Paragraph 9(2)(a) sets out the permitted uses of approved firearms or other approved item of personal defence equipment.

Paragraph 9(2)(b) clarifies the intent that officers must use approved firearms or other approved items issued in a manner consistent with enabling the safe exercise of the powers covered by subparagraph 9(2)(a)(i).

The purpose of this subsection is to limit the permitted uses of approved firearms or other approved item of personal defence equipment.

Subsection 9(3)

This subsection provides that approved firearms or other approved items of personal defence equipment in subparagraphs (2)(a)(i) and (2)(a)(ii) is permitted to be used by another officer of Customs in the following circumstances:

the officer of Customs is using the approved firearms or other approved items as part of undertaking training; or
the officer of Customs is an officer authorised to carry arms who is assisting the officer issued with the approved firearms or other approved items to enable the safe exercise of powers conferred on the officer under the Customs Act (including its application in the external territories) or any other Act.

This section operates to permit the use of use of approved firearms or other approved items of personal defence equipment notwithstanding the circumstances of issue of the approved firearms or other approved items under subsection 6(2).

Training

Officers of Customs are not issued with approved firearms or other approved items of personal defence equipment until they have completed requisite training and are authorised as officers authorised to carry arms. However, the use of approved firearms or other approved items of personal defence equipment is required as part of undertaking training.

The purpose of paragraph 9(3)(a) is to permit officers of Customs to use approved firearms or other approved items of personal defence for training and under the supervision of the officer authorised to carry arms that is delivering the training.

Officers assisting

The environment under which officers authorised to carry arms performing functions and using approved firearms or other approved items of personal defence equipment may be very fluid requiring cooperation to ensure the safe exercise of powers. In this environment it may be necessary for an officer who is authorised to carry arms to use the approved firearms and other approved items of personal defence equipment originally issued to another officer authorised to carry arms.

For example, the deployment and use of the Browning .50 calibre machine gun by the ABF marine unit is a team activity; however, the firearm itself is issued to only one officer who is authorised to carry arms. If the issued officer becomes incapacitated, another officer who is authorised to carry arms and qualified on the Browning .50 calibre machine gun may be required to take over operation of the Browning .50 calibre machine gun from the incapacitated officer.

The purpose of paragraph 9(3)(b) is to ensure that officers authorised to carry arms may use the approved firearms or other approved items of personal defence equipment issued to another officer authorised to carry arms in circumstances where the first mentioned officer is assisting the second mentioned officer.

Subsection 9(4)

This subsection provides that an authorised arms issuing officer, or an officer authorised to carry arms, must maintain the security of any approved firearms and other approved items of personal defence equipment, which is issued to them or is in their possession.

The purpose of this subsection is to ensure the security of all issued approved firearms and other approved items of personal defence equipment. Where the approved firearms and other approved items of personal defence equipment is not in use, this direction is complemented by subsection 7(2), which requires the approved firearms or other approved items to be kept in a secure state.

Section 10 Directions for secure storage of approved firearms and approved items of personal defence equipment

Subsection 10(1)

Section 10 concerns a direction given in relation to the nature of secure storage of approved firearms and other approved items of personal defence equipment when recalled and is made for the purposes of paragraph 189A(2)(d) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI). The direction given is in subsection 10(2); subsection 10(1) refers.

Subsection 10(2)

This subsection provides that approved firearms and other approved items of personal defence equipment must be secured in:

a lockable storage space with restricted access, or
a lockable container in the possession of an authorised arms issuing officer, or an officer authorised to carry arms.

The purpose of this subsection is to ensure the safe storage of approved firearms and other approved items of personal defence equipment to protect the safety of officers and the public from harm resulting from the unauthorised access of firearms and other approved items.

Subsection 10(3)

This subsection is an interpretative provision and provides clarity of the meaning of “lockable storage space” in paragraph 10(2)(a) and “lockable container” in paragraph 10(2)(b).

For the term “lockable storage space”, this term is defined to mean a fixed compartment or facility with restricted access for the storage of approved firearms or other approved items of personal defence equipment.

For the term “lockable container”, this term is defined to mean an impact resistant container that is capable of being locked at two separate points. An example of such a container is the Pelican case brand which is widely used for military and law enforcement application.

Section 11 Effect of non-compliance

Section 11 provides that, unless otherwise permitted by these Directions, a failure to comply with Directions in this instrument by an authorised arms issuing officer, or an officer authorised to carry arms, employed under the Public Service Act may result in action being commenced to determine whether that officer has breached the APS Code of Conduct set out in section 13 of that Act.

Note 1 under section 11 indicates to the reader that a failure to comply with these directions may lead to an assessment that an authorised arms issuing officer, or an officer authorised to carry arms, has breached the APS Code of Conduct, and that the breach of the APS Code of Conduct is a ground for termination of employment under paragraph 29(3)(g) of the Public Service Act.

Note 2 under section 11 indicates to the reader that the Secretary or Australian Border Force Commissioner may terminate the employment of the employee under section 32 of the Australian Border Force Act if the Secretary or the Australian Border Force Commissioner reasonably believes that the employee’s conduct or behaviour or any part of it amounts to serious misconduct by the APS employee and is having, or is likely to have, a damaging effect on:

the professional self-respect or morale of some or all of the APS employees in the Department; or
the reputation of the Department with the public or any section of the public, with an Australian or overseas government or with a person or body to whom information may be disclosed under Part 6 of the Australian Border Force Act.

The purpose of this section and supporting notes is to set out the consequence of non-compliance.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Comptroller-General of Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026

The Comptroller-General of Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026 (The Directions) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the disallowable instrument

Section 189A of the Customs Act 1901 (Customs Act), including its application to external territories, provides authority for officers of Customs to carry firearms and other items of approved personal defence equipment for the purpose of enabling the safe exercise of powers conferred on them under that Act (including its application to external territories) or any other Act.

The Customs Act applies to the following external territories:

the Customs Act applies, with modification, on Christmas Island as if that Act is a law of that territory by operation of the Customs Ordinance 1993 made under the Christmas Island Act 1958 and is cited as Customs Act (C.I.) in accordance with the ordinance;
the Customs Act applies, with modification, on Cocos Keeling Islands as if that Act is a law of that territory by operation of the Customs Ordinance 1993 made under the Cocos (Keeling) Islands Act 1955 and is cited as Customs Act (C.K.I.) in accordance with the ordinance;
the Customs Act applies, with modification, on Norfolk Island as if that Act is a law of that territory by operation of the Norfolk Island Customs Ordinance 2016 made under the Norfolk Island Act 1979 and is cited as Customs Act (NI) in accordance with the ordinance.

For Norfolk Island, the relevant ordinance refers to the Comptroller-General of Customs and officers of Customs.

the circumstances in which approved firearms and other approved items of personal defence equipment may be issued;
the circumstances in which such firearms and other items of equipment are to be recalled;
the circumstances in which such firearms and other items of equipment can be used and the manner of their use;
the nature of the secure storage of such firearms and other items of equipment when recalled; and
any other matters relating to the deployment of such firearms and other items of equipment the Comptroller-General of the Customs, or Comptroller of the Indian Ocean Territories Customs Service, thinks appropriate.

The Customs (Deployment of Approved Firearms and Other Approved Personal Defence Equipment) Directions 2026 (2026 Directions) is made under subsection 189A(2) of the Customs Act (including its application on the relevant external territories) to set out directions applicable to the issue, use and storage of approved firearms and other approved items of personal defence equipment.

The purpose of the 2026 Directions is to provide a legislative framework for the issue and use of approved firearms and other approved items of personal defence equipment to officers of Customs, authorised under subsection 189A(7) of the Customs Act, in the exercise of statutory powers. The 2026 Directions also sets out directions in respect of the management of approved firearms and other approved items of personal defence equipment after they are issued and when not in use, and the circumstances under which they can be recalled.

The 2026 Directions replace and repeal both the Comptroller-General of Customs (Operational Safety) Directions 2021 and Comptroller (Operational Safety) Directions 2021.

The 2026 Directions has the effect of elevating some of the policy settings and procedures in respect of the issue and use of approved firearms and other approved items of personal defence equipment that fall within matters covered by subsection 189A(2) into the 2026 Directions.

The policy framework for the issue and use of approved firearms and other approved items of personal defence equipment continues to be set out in policy and procedures which cover the following:

use of force;
competency standards;
qualification and re-qualification of officers of Customs in the carriage of arms;
management structures for the training and monitoring of the use of force and carriage of arms in Australian Border Force;
safety and security in relation to approved firearms and other approved items of personal defence equipment;
operational safety administration;
operational safety risk management; and
operational safety reporting.

The policy framework guides officers of Customs in the lawful, proportionate and justifiable use of force. The policy framework also emphasises the use of communication and de-escalation and the minimisation of the use of force in any interaction between officers of Customs and members of the public.

This policy framework is not elevated into the 2026 Directions because the matters concerned are procedural matters.

The 2026 Directions commence on the day after the 2026 Directions are registered on the Federal Register of Legislation.

Human rights implications

The 2026 Directions engage the following rights:

The right to safe and healthy working conditions in Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The right to life in Article 6 of the International Covenant on Civil and Political Rights (ICCPR).
The prohibition on torture and other cruel, inhuman or degrading treatment or punishment in Articles 2 and 16 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and Article 7 of the ICCPR.
The right to humane treatment in detention in Article 10 of the ICCPR.
The right to protection of a child’s status as a minor in Article 24(1) of the ICCPR.
The best interests of the child in Article 3(1) of the Convention on the Rights of the Child (CRC).
The right to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth in Article 40 of the CRC.

Right to safe and healthy working conditions

The 2026 Directions promote the right to safe and healthy working conditions in Article 7(b) of the ICESCR by:

providing strict guidelines around when approved firearms and other approved items of personal defence equipment can be issued by an authorised arms issuing officer who is authorised under subsection 189A(6) of the Customs Act;
providing officers authorised to carry arms who are authorised under subsection 189A(7) of the Customs Act with access to approved firearms and other approved items of personal defence equipment to enable the safe exercise of powers;
providing strict guidelines around the circumstances in which officers authorised to carry arms may use approved firearms and other approved items of personal defence equipment can be used and the manner of their use;
enabling the recall of approved firearms and other approved items of personal defence equipment at any time; and
specifying the nature of the secure storage of approved firearms and other approved items of personal defence equipment when recalled.

Right to life

Article 6(1) of the ICCPR accords every human being the inherent right to life and prohibits the arbitrary deprivation of life. The 2026 Directions are consistent with this right because they direct that an officers authorised to carry arms may use approved firearms and other approved items of personal defence equipment only to enable the safe exercise of powers for which the approved firearms and other approved items of personal defence equipment were issued.

The policy framework emphasises the use of communication and de-escalation and the minimisation of the use of force in any interaction between officers of Customs and members of the public. Where an officer uses force against another person, they must ensure that any person injured or affect by the use of force receives appropriate medical attention.

Any death that may result from the issue and use of approved firearms or approved items of personal defence equipment would not be an arbitrary contravention of Article 6 of the ICCPR.

Children’s rights

The 2026 Directions also engage:

Article 24(1) of the ICCPR which provides for the right of a child to be afforded protection required by his status as a minor; and
Article 40 of the CRC which provides for the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth.

This is because the 2026 Directions authorise officers authorised to carry arms to use approved firearms and other approved items of personal defence equipment in the exercise of statutory powers, which may include the use of such items with regard to children.

For the purposes of this obligation, the 2026 Directions direct that officers authorised to carry arms may use approved firearms and other approved items of personal defence equipment to enable the safe exercise of powers for which the firearms or items of personal defence equipment were issued.

The extent that the 2026 Directions may limit Article 24(1) of the ICCPR and Articles 3(1) and 40 of the CRC is necessary in achieving the legitimate objective to protect the safety of the officers of Customs, public safety, and the rights and freedoms of others.

Conclusion

The 2026 Directions are compatible with human rights as they are consistent with the rights discussed above and to the extent that they may also limit human rights, those limitations are reasonable, necessary and proportionate.

Gavan Reynolds

Comptroller-General of Customs

Comptroller of the Indian Ocean Territories Customs Service

Administered by Department of Home Affairs

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