A/HRC/33/43 12 months, including firearms familiarization, live-fire qualification and use-of-force training. The legislation also notes that the inappropriate use of force could subject contractors to United States and local host nation prosecution and civil liability.115 For example, unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the United States armed forces can subject such personnel to United States or host nation prosecution and civil liability.116 76. In Australia, all state and territorial police departments maintain registries of firearm ownership within their respective jurisdictions,117 and states and territories have introduced restrictions on firearms and firearms storage requirements. For example, New South Wales, South Australia, Tasmania and Western Australia allow the holder of a specific category of licence to carry firearms, but only if the licensee is duly authorized under the applicable firearms legislation.118 77. In Papua New Guinea, the licensing authority determines whether circumstances justify carrying or using a firearm. The holder of a class A security operators licence or a security officer may apply to the Registrar for the issue of a firearm licence. Except for this specific provision, the relevant act119 expressly provides that a licence for a firearm shall not be issued to any person licensed under the act.120 C. Accountability and remedies 78. In the United States, the Military Extraterritorial Jurisdiction Act extends federal criminal jurisdiction to certain defence contractor personnel and to contractors hired by other agencies that support the Department of Defense in connection with criminal offences committed outside United States territory.121 If a contractor in a designated operational area, or supporting a diplomatic or consular mission, is involved in conduct outside the United States that would constitute an offence punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, while employed by or accompanying the armed forces, he/she may be subject to the criminal jurisdiction of the United States.122 The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest any such person outside the United States.123 However, this provision leaves a significant gap in extraterritorial criminal jurisdiction because it does not cover all contractors working for other agencies, such as the Department of State. 115 116 117 118 119 120 121 122 123 18 Department of Defense Directive No. 5210.56, section 4 (e) (2) (c). Code of Federal Regulations, title 48, chapter 2, section 252.225-7040 (2011 edition), section (b) (3) (iii). Tim McCormack, PRIV-WAR Report – Australia: Australian Report on National Legislation and Judicial Practice, 2009, p. 7. See, for New South Wales, Firearms Act No. 23 of 1996, sections 16C and 48; for South Australia, Firearms Act 1977, sections 10-12; for Tasmania, Firearms Act No. 23 1996, sections 18 (c), 33, 37, 85 and 86; and for Western Australia, Firearms Act 1973, section 16A. Security (Protection) Industry Act 2004. Ibid., section 71. Military Extraterritorial Act, United States Code, title 18, sections 3261-3267. Military Extraterritorial Jurisdiction Act, United States Code, title 18, sections 3261 ff; Code of Federal Regulations, title 48, chapter 2, section 252.225-7040 (2011 edition), section (e) (vii) (B) (2) (i). Military Extraterritorial Act, United States Code, title 18, section 3262.