Customs Act 1901 - CEO Directions No. 2 of 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00101

COMMONWEALTH OF AUSTRALIA
CEO DIRECTIONS No. 2 of 2015
SUBSECTION 189A(2) OF THE CUSTOMS ACT 1901 (C.I.) and
subsection 189A(2) of the Customs Act 1901 (C.K.I)
 
I, ROMAN QUAEDVLIEG, Comptroller of the Indian Ocean Territories Customs Service, under subsection 189A(2) of the Customs Act 1901 (C.I.) and subsection 189A(2) of the Customs Act 1901 (C.K.I) give the following directions relating to the deployment of approved firearms and other approved items of personal defence equipment:
1.      An authorised arms issuing officer shall ensure that a person to whom approved firearms or approved items of personal defence equipment (other than anti-ballistic clothing) are issued is the holder of a valid and current qualification in accordance with Use of Force Order (2015).
2.      Approved firearms and approved items of personal defence equipment must be deployed and used in accordance with the same obligations and limitations in Use of Force Order (2015) that apply to the deployment and use of approved firearms and approved items of personal defence equipment by an officer of the Australian Customs and Border Protection Service (officer of Customs).
3.      Approved firearms and approved items of personal defence equipment shall be stored according to the same guidelines set out in Use of Force Order (2015) that apply in relation to the storage of such items by an officer of Customs.  Any failure to store any approved firearms or approved items of personal defence equipment in the manner provided therein shall be reported to the authorised arms issuing officer.
4.      A customs officer may only use force in accordance with the same procedures set out in Use of Force Order (2015) that apply to an officer of Customs.  This includes where a customs officer is exercising powers to:
a)      restrain;
b)      detain;
c)      physically restrain;
d)      arrest;
e)      enter or remain on coasts, airports, ports, bays, harbours, lakes and rivers;
f)       execute a seizure or search warrant;
g)      remove persons from a restricted area; or
h)      board, detain vessels or require assistance.
 
CEO Directions No. 1 of 2012, dated 14 August 2012, is revoked.
 
This instrument takes effect on the day after it is registered.
 
Dated:  28 January 2015
 
 
ROMAN QUAEDVLIEG
Comptroller of the Indian Ocean Territories Customs Service
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