Customs Act 1901

PART XII - OFFICERS  

Division 1 - Powers of officers  

Subdivision B - General regulatory powers  

SECTION 189A   OFFICERS MAY CARRY ARMS IN CERTAIN CIRCUMSTANCES  

189A(1)    

Subject to any directions from the Comptroller-General of Customs, an authorised arms issuing officer:

(a) may issue approved firearms and other approved items of personal defence equipment to officers authorised to carry arms, for the purpose of enabling the safe exercise, by such officers, of powers conferred on them under this Act or any other Act; and

(b) must take all reasonable steps to ensure that approved firearms, and other approved items of personal defence equipment, that are available for issue under paragraph (a), are kept in secure storage at all times when not required for use.

189A(2)    

The Comptroller-General of Customs may, by legislative instrument, give directions relating to the deployment of approved firearms and other approved items of personal defence equipment under this section. The directions may deal with:

(a) the circumstances in which approved firearms and other approved items of personal defence equipment may be issued; and

(b) the circumstances in which such firearms and other items of equipment are to be recalled; and

(c) the circumstances in which such firearms and other items of equipment can be used and the manner of their use; and

(d) the nature of the secure storage of such firearms and other items of equipment when recalled; and

(e) any other matters relating to the deployment of such firearms and other items of equipment the Comptroller-General of Customs thinks appropriate.

189A(3)    
An officer is not required under, or by reason of, a law of a State or Territory:

(a) to obtain a licence or permission for the possession or use of an approved firearm or approved item of personal defence equipment; or

(b) to register such a firearm or other item of equipment.

189A(4)    
Nothing in this section affects the operation of any other provision of, or of the regulations under, this Act to the extent that that provision relates to the use of firearms in circumstances other than the circumstances referred to in this section.

189A(5)    

In this section:

approved firearm
means a firearm of a kind declared by the regulations to be an approved firearm for the purposes of this section.

approved item of personal defence equipment
means an extendable baton, an oleoresin capsicum spray or anti-ballistic clothing, and includes any other item that is declared by the regulations to be an approved item of personal defence equipment for the purposes of this section.

authorised arms issuing officer
means an officer of Customs authorised under subsection (6) to exercise the powers or perform the functions of an authorised arms issuing officer under this section.

Customs vessel
(Repealed by No 64 of 2002)

officer authorised to carry arms
means an officer of Customs authorised under subsection (7) to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph (1)(a).

189A(6)    

The Comptroller-General of Customs may, by writing, authorise an officer of Customs to exercise the powers or perform the functions of an authorised arms issuing officer under this section.

189A(7)    

The Comptroller-General of Customs may, by writing, authorise an officer of Customs to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph (1)(a).