1Customs (Deployment of Approved Firearms and Other Approved Items of Personal Defence Equipment) Directions 2026

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Commonwealth Coat of Arms of Australia

 

LIN25/032

 

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

I, Gavan Reynolds, Comptroller-General of Customs and Comptroller of the Indian Ocean Territories Customs Service, make the following directions.

Dated    5 March 2026

Signed

Gavan Reynolds

Comptroller-General of Customs

Comptroller of the Indian Ocean Territories Customs Service

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Repeals

6  Directions for an authorised arms issuing officer

7  Directions for an officer authorised to carry arms

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

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

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

11  Effect of non-compliance

 

 

1  Name

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

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• 1. The whole of this instrument The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under:

 (a) subsection 189A(2) of the Customs Act 1901;

 (b) subsection 189A(2) of the Customs Act 1901 (C.I.);

 (c) subsection 189A(2) of the Customs Act 1901 (C.K.I.); and

 (d) subsection 189A(2) of the Customs Act 1901 (NI).

4  Definitions

Note: A number of expressions used in this instrument are defined in the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI), including the following:

(a) approved firearm;

(b) approved item of personal defence equipment;

(c) authorised arms issuing officer;

(d) officer authorised to carry arms;

(e) officer of Customs.

  In this instrument:

APS means the Australian Public Service established under section 9 of the Public Service Act.

APS employee has the same meaning given by section 7 of the Public Service Act.

APS Level 6 means the classification of the same name approved by the Classification Rules.

Australian Border Force has the same meaning given by section 4 of the Australian Border Force Act 2015.

Australian Border Force Act means the Australian Border Force Act 2015.

Australian Border Force Commissioner has the same meaning given by section 4 of the Australian Border Force Act.

Classification Rules means the Public Service Classification Rules 2000.

Customs Act means the Customs Act 1901.

Customs Act (C.I.) has the same meaning given by the Customs Ordinance 1993 made under the Christmas Island Act 1958.

Customs Act (C.K.I.) has the same meaning given by the Customs Ordinance 1993 made under the Cocos (Keeling) Islands Act 1955.

Customs Act (NI) has the same meaning given by the Norfolk Island Customs Ordinance 2016 made under the Norfolk Island Act 1979.

Department means the Department of State known as the Department of Home Affairs.

Executive Level 1 means the classification of the same name approved by the Public Service Classification Rules 2000.

lockable storage space has the meaning given by section 10.

lockable container has the meaning given by section 10.

Public Service Act means the Public Service Act 1999.

5  Repeals

  The following instruments are repealed:

 (a) Comptroller (Operational Safety) Directions 2021;

 (b) Comptroller-General of Customs (Operational Safety) Directions 2021.

6  Directions for an authorised arms issuing officer

 (1) 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 in subsections 6(2) to (4) are given in relation to an authorised arms issuing officer issuing approved firearms and other approved items of personal defence equipment to an officer authorised to carry arms.

 (2) An authorised arms issuing officer may issue approved firearms or other approved items of personal defence equipment to an officer authorised to carry arms for one or more of the following circumstances:

 (a) 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;

 (b) 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);

 (c) 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).

 (3) An authorised arms issuing officer (first officer) must not 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)(c)(ii) to not issue any approved firearms or other approved items to an officer authorised to carry arms.

 (4) If:

 (a) an officer authorised to carry arms is seeking to be issued with approved firearms or other approved items of personal defence equipment; and

 (b) any of the following applies:

 (i) 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

 (ii) 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

 (iii) 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:

 (c) a relevant officer may:

 (i) 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

 (ii) 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.

 (5) In this section:

relevant officer means the following officers of Customs:

 (a) an officer of Customs who:

 (i) is an APS employee of the Australian Border Force; and

 (ii) holds, or performs the functions of, an APS Level 6 position or a position higher than an APS Level 6 position in the Australian Border Force; or

 (b) an officer of Customs who is the direct supervisor of the officer authorised to carry arms.

7  Directions for an officer authorised to carry arms

 (1) 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 in subsections 7(2) to (5) are given in relation to an officer authorised to carry arms being issued with approved firearms and other approved items of personal defence equipment.

 (2) An officer authorised to carry arms who 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.

 (3) If:

 (a) an officer authorised to carry arms has been issued with approved firearms or other approved items of personal defence equipment; and

 (b) any of the following applies:

 (i) 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

 (ii) 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

 (iii) the relevant officer has been informed that the ability of the officer authorised to carry arms to use any approved firearms or other approved items is under reconsideration;

  then:

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

 (4) 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:

 (a) return the issued approved firearms or other approved items as soon as practicable; or

 (b) cause the return of the issued approved firearms or other approved items as soon as practicable.

 (5) Without limiting subsections (3) and (4), 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:

 (a) return the issued approved firearms or other approved items as soon as practicable; or

 (b) cause the return of the issued approved firearms or other approved items as soon as practicable.

 (6) In this section:

  secure state, in respect of approved firearms or other approved items of personal defence equipment, is:

 (a) 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;

 (b) in all other circumstances—secured in accordance with section 10.

  relevant officer means the following officers of Customs:

 (a) an officer of Customs who:

 (i) is an APS employee in the Australian Border Force; and

 (ii) holds, or performs the functions of, an APS Level 6 position or a position higher than an APS Level 6 position in the Australian Border Force; or

 (b) an officer of Customs who is the direct supervisor of the officer authorised to carry arms.

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

 (1) 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 in subsections 8(2) to (5) are given in relation to the recall of approved firearms and other approved items of personal defence equipment.

 (2) 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 functions of, an Executive Level 1 position or a position higher than an Executive Level 1 position in the Australian Border Force.

 (3) 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.

Note: 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; see the Acts Interpretation Act 1901.

 (4) 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.

 (5) 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.

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

 (1) For the purposes 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 in subsections 9(2) and (4) are given in relation to the use of approved firearms and other approved items of personal defence equipment.

 (2) 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:

 (a) the use of the approved firearms or other approved items is:

 (i) 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

 (ii) to enable the delivery of training to an officer of Customs for the safe exercise of a power covered by subparagraph (2)(a)(i);

 (iii) for maintaining the serviceability of approved firearms or other approved items for the purpose mentioned in subparagraph (2)(a)(i); and

 (b) 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).

 (3) Notwithstanding issue of the approved firearms or other approved items under subsection 6(2), an officer of Customs is permitted to use approved firearms or other approved items of personal defence equipment in subparagraphs 9(2)(a)(i) and (2)(a)(ii) in the following circumstances:

 (a) the officer of Customs is handling the approved firearms or other approved items as part of undertaking training; or

 (b) 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.

 (4) 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 have been issued to them or is in their possession.

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

 (1) 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 in subsection (2) is given in relation to the nature of secure storage of approved firearms and other approved items of personal defence equipment when recalled.

 (2) Approved firearms and other approved items of personal defence equipment must be secured in:

 (a) a lockable storage space with restricted access, or

 (b) a lockable container in the possession of an authorised arms issuing officer, or an officer authorised to carry arms.

 (3) In this section:

A lockable storage space is a fixed compartment or facility with restricted access for the storage of approved firearms or other approved items of personal defence equipment.

A lockable container is an impact resistant container that is capable of being locked at two separate points.

11  Effect of non-compliance

  For the purposes of paragraph 189A(2)(e) of the Customs Act, the Customs Act (C.I.), the Customs Act (C.K.I.), and the Customs Act (NI), 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: 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. 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: 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:

(a) the professional self‑respect or morale of some or all of the APS employees in the Department; or

(b) 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.