Commonwealth Numbered Regulations - Explanatory Statements

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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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