Customs (Prohibited Imports) Amendment Regulations 2001 (No. 1) (Cth)
Customs (Prohibited Imports) Amendment Regulations 2001 (No. 1) 1
Statutory Rules 2001 No. 60 2
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Customs Act 1901 .Dated 5 April 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
SENATOR CHRISTOPHER MARTIN ELLISON
Minister for Justice and Customs
These Regulations are the
Customs (Prohibited Imports) Amendment Regulations 2001 (No. 1) .
These Regulations commence on 9 April 2001.
3 Amendment of Customs (Prohibited Imports) Regulations 1956 Schedule 1 amends the
Customs (Prohibited Imports) Regulations 1956 .
(1) The amendment made by item [24] of Schedule 1 to these Regulations applies in relation to a category H article that is imported after the commencement of these Regulations under item 7 of Part 1 of Schedule 6 to the
Customs (Prohibited Imports) Regulations 1956 , as amended by these Regulations.(2) A category H article that was imported under item 7 of Part 1 of Schedule 6 to the
Customs (Prohibited Imports) Regulations 1956 , as in force immediately before the commencement of these Regulations, is, after the commencement of these Regulations:
(a) in the case of an article that was imported for demonstration or testing purposes — not subject to the conditions mentioned in subitem 5.3 of Part 3 of Schedule 6 to the
Customs (Prohibited Imports) Regulations 1956 , as in force immediately before the commencement of these Regulations; and(b) in any other case — subject to the conditions mentioned in subitem 5.2 of Part 3 of Schedule 6 to the
Customs (Prohibited Imports) Regulations 1956 , as in force immediately before the commencement of these Regulations.
(regulation 3)
omit items 2, 3 and 4 of Part 3 of Schedule 6,
insert Part 3 (other than item 1) of Schedule 6,
substitute
(d) the article is to be imported in the following circumstances:
(i) the article is to be imported for repairs, modification or testing, or for use in training, research or development, in a State or Territory;
(ii) the article is to be imported under a contract in force with:
(A) the government of the Commonwealth, a State or a Territory; or
(B) the government of a country other than Australia; or
(C) the United Nations;
(iii) the importer holds a licence or authorisation to possess the article in accordance with the law of the State or Territory where the article is to be repaired, modified or tested, or used in training, research or development;
(iv) the Minister for Defence, or a person authorised under regulation 13E of the
Customs (Prohibited Exports) Regulations 1958 , has stated, in writing, that a licence or permission to export the article after the repairs, modification or testing, or use in training, research or development, will be granted under that regulation; or
omit article; or
insert article.
omit
omit relevant police officer
insert relevant police representative
omit or 4.3
omit relevant police officer
insert relevant police representative
omit
substitute
7. Dealer test — category H article
7.1 The importation of a category H article complies with the dealer test if:
(a) the importer carries on the business of a firearm dealer; and
(b) the importer of the article has been given a statement, in an approved form, by a relevant police representative to the effect that:
(i) the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business, to possess category H articles; and
(ii) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(c) the importer gives the statement to a Collector at or before importation.
Note The importer may give the statement to a Collector personally or by an agent, for example, an employee of the importer.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
insert
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omit Firearm part
insert Firearm part (other than a frame or receiver)
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute
(b) the specified purposes test;
(c) the Police authorisation test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified purposes test.
substitute
(b) the specified purposes test;
(c) the Police authorisation test.
substitute
(a) unless the article has been destroyed, export the article within the period, after importation, mentioned in the Attorney-General’s permission; and
substitute
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Attorney-General’s permission, the importer must export the article as soon as practicable;
substitute
5. Dealer test — category H article
5.1 In this item:
category H (dealer stock) article means a category H article that has been imported under the dealer test in item 7 of Part 1, and is held by:
(a) the person by whom it was imported; or
(b) a person who acquired it from the person by whom it was imported.
licensed firearm dealer means a licensed firearm dealer for category H articles.
5.2 The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with subitems 5.3, 5.4, 5.5 and 5.6.
5.3 The importer must store the article with a Collector, or a person authorised by a Collector, unless:
(a) the importer:
(i) produces to a Collector a certificate stating that the importer is certified for stock purposes for a specified number of category H (dealer stock) articles; and
(ii) gives a written declaration to a Collector stating that:
(A) the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business of a firearm dealer, to possess category H articles; and
(B) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(C) the release of the article to the importer will not result in the importer holding for stock purposes more than the number of category H (dealer stock) articles that the importer is certified to hold for those purposes; or
(b) the importer produces to a Collector an export permit issued by the Department of Defence that permits the article to be exported from Australia by the importer.
5.4 The importer may only dispose of the article:
(a) to a person (other than a licensed firearm dealer) who holds a licence or authorisation, in accordance with the law of a State or Territory, to possess the article; or
(b) to a person who holds a written authority or permission given by a relevant police representative stating that the person is not required to hold a licence or authorisation, in accordance with the law of the relevant State or Territory, to possess the article; or
(c) to a person who is certified for stock purposes for a specified number of category H (dealer stock) articles; or
(d) by exporting the article.
5.5 If the importer disposes of the article in a way authorised by subitem 5.4, the importer must give to a Collector, at the time the importer next seeks a release of category H (dealer stock) articles to be held by the importer for stock purposes:
(a) a written declaration by the importer:
(i) stating that the importer has disposed of the article in a way authorised by subitem 5.4; and
(ii) giving details of the disposal; and
(b) if the disposal was to a person mentioned in paragraph 5.4 (c) — a written declaration by the person stating that:
(i) the person holds a licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business of a firearm dealer, to possess category H articles; and
(ii) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(iii) the acquisition by the person will not result in the person holding for stock purposes more than the number of category H (dealer stock) articles that the person is certified to hold for those purposes.
5.6 If the importer disposes of a category H (dealer stock) article held by the importer for stock purposes to a person mentioned in paragraph 5.4 (c), the importer must give to the CEO, or an authorised officer, within 7 days after the disposal, a copy of the declarations mentioned in paragraphs 5.5 (a) and (b) that relate to the disposal, unless the importer has already given the declarations to the Collector under subitem 5.5.
5.7 For this item, a person is
certified for stock purposes , for a specified number of category H (dealer stock) articles, if:
(a) the person is a licensed firearm dealer; and
(b) the person holds a certificate that:
(i) was issued by the CEO or an authorised officer; and
(ii) states that the person is certified, for a specified period, to hold that number of category H (dealer stock) articles for stock purposes; and
(c) the certificate has not:
(i) been cancelled at the request of the person; or
(ii) been revoked by the CEO, or an authorised officer, under subitem 5.12; or
(iii) otherwise ceased to have effect.
5.8 For subitem 5.7, a person who is a licensed firearm dealer may apply to the CEO, or an authorised officer, for a certificate stating that the person is certified, for a specified period, to hold a specified number of category H (dealer stock) articles for stock purposes.
5.9 An application by a person for a certificate under subitem 5.8 must:
(a) be accompanied by a copy of the person’s licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business of a firearm dealer, to possess category H articles; and
(b) in the case of a person who has applied to be certified to hold more than 10 category H (dealer stock) articles for stock purposes — include the following:
(i) details of any previous relevant disposals, within the meaning given by subitem 5.13, made by the person;
(ii) satisfactory evidence about the number of category H (dealer stock) articles likely to be required by the person, in the period of 6 months after the issue of the certificate, for disposal purposes or other commercial purposes (for example, demonstration or testing purposes or use in the film and television industry);
(iii) a statement to the effect that each place where the person intends to store the category H (dealer stock) articles to be held for stock purposes meets the requirements of the law of the State or Territory where the place is;
(iv) a statement to the effect that the person has met the firearms record-keeping requirements, under the law of the State or Territory where the person carries on business as a firearm dealer, in relation to the person’s business (having regard, in particular, to the accuracy and timeliness of the person’s records);
(v) details of any firearms-related offence committed by the person within the period of 10 years immediately before the date of the application in respect of which a conviction was recorded;
(vi) a statement to the effect that the person consents to criminal records being checked for the purpose of deciding whether to issue the certificate to the person.
5.10 If:
(a) the CEO, or an authorised officer, receives an application from a person for a certificate under subitem 5.8; and
(b) the CEO, or authorised officer, is satisfied, having regard to the application and any other relevant information, that it is appropriate for the person to hold a number (which may or may not be the number specified in the application) of category H (dealer stock) articles for stock purposes;
the CEO, or authorised officer, may issue a certificate to the person stating that the person is certified, for a specified period, to hold that number of category H (dealer stock) articles for stock purposes.
5.11 A person who is certified for stock purposes for a specified number of category H (dealer stock) articles must, as soon as practicable after any change in the person’s circumstances in relation to the person’s business as a firearm dealer, inform the CEO, or an authorised officer, in writing, of the change.
Examples of circumstances 1 The person ceases to be a licensed firearm dealer.
2 The place where the person is storing category H (dealer stock) articles no longer meets the requirements of the law of the State or Territory where the place is.
3 The person does not need to hold the number of category H (dealer stock) articles that the person is certified to hold.
4 The person has been convicted of a firearms-related offence.
5.12 The CEO, or an authorised officer, may revoke a certificate issued to a person under subitem 5.10 if:
(a) the person ceases to be a licensed firearm dealer; or
(b) a place where the person stores category H (dealer stock) articles held for stock purposes does not meet the requirements of the law of the State or Territory where the place is; or
(c) in the case of a person who is certified to hold more than 10 category H (dealer stock) articles for stock purposes — the number of category H (dealer stock) articles that the person is certified to hold for stock purposes is not appropriate, having regard to:
(i) the average monthly number of category H (dealer stock) articles disposed of by the person under the certificate in the period of 6 months immediately before the date of revocation; and
(ii) evidence supplied by the person in relation to the number of category H (dealer stock) articles likely to be required by the person, in the period of 6 months after the date of revocation, for disposal purposes or for other commercial purposes (for example, demonstration or testing purposes or use in the film and television industry); or
(d) the person has made a false or misleading statement in:
(i) an application for a certificate made under subitem 5.8; or
(ii) a declaration made for the purposes of subparagraph 5.3 (a) (ii) or subitem 5.5; or
(e) the person is holding more category H (dealer stock) articles for stock purposes than the person is certified to hold for those purposes; or
(f) the person has been convicted of a firearms‑related offence committed within the period of 10 years immediately before the date of revocation; or
(g) the person has failed to inform the CEO, or an authorised officer, of any change in the person’s circumstances in relation to the person’s business as a firearm dealer; or
(h) the CEO is satisfied, having regard to any other relevant matter, that it is not appropriate for the person to hold any category H (dealer stock) articles for stock purposes.
Example of a relevant matter for paragraph (h) The person has been convicted of an offence involving misrepresentation, or other fraudulent conduct, against a law of the Commonwealth, a State or a Territory, being an offence committed within the period of 10 years immediately before the date of revocation.
5.13 For subparagraph 5.9 (b) (i),
previous relevant disposals , for a person who has applied under subitem 5.8 to be certified to hold more than 10 category H (dealer stock) articles for stock purposes, means:
(a) if the person has not previously applied for a certificate under subitem 5.8 and the application is made before 30 June 2001 — the average monthly number of firearms of the kind mentioned in item 9 of Part 2 of this Schedule, as in force immediately before 18 August 2000, that were disposed of by the person in the period from 18 February 2000 to 17 August 2000 (inclusive); and
(b) if the person has not previously applied for a certificate under subitem 5.8 and the application is made on or after 1 July 2001 — the average monthly number of category H articles that were disposed of by the person in the period of 6 months immediately before the date of the application; and
(c) if the person holds a certificate issued under subitem 5.10 and the certificate has not ceased to have effect — the average monthly number of category H (dealer stock) articles disposed of by the person under the certificate in the period of 6 months immediately before the date of the application; and
(d) if the person does not hold, but has, within the period of 6 months immediately before the date of the application, held, a certificate issued under subitem 5.10 — the average monthly number of category H articles (including any category H (dealer stock) articles) disposed of by the person in the period of 6 months immediately before the date of the application.
5.14 Nothing in this item affects the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons who are aware of such convictions to disregard them).5.15 Despite any provision of a law of a State or Territory, a person may disclose information to the CEO, or an authorised officer, for the purpose of enabling the CEO, or authorised officer, to carry out his or her functions under this item.
substitute
1B. Meaning of relevant police representative For this Schedule:
relevant police representative , for a State or Territory, means:
(a) the chief police officer for that State or Territory, namely:
(i) for a State — the Commissioner or Chief Commissioner of the police force of the State; and
(ii) for the Northern Territory — the Commissioner of Police of the police force of the Northern Territory; and
(iii) for a Territory other than the Northern Territory — the chief police officer of the Australian Capital Territory; or
(b) a person authorised in writing to act on behalf of that chief police officer in relation to matters to which this Schedule relates.
substitute
3A. Meaning of category H article
3A.1 For this Schedule, a
category H article is:
(a) a firearm mentioned in item 9 of Part 2 (other than a firearm that was manufactured before 1 January 1900); or
(b) a frame or receiver mentioned in item 9B of Part 2 (other than a frame or receiver that was manufactured before 1 January 1900).
omit and sell it in the course of the business.
insert and sell or dispose of it, or deal with it for other commercial purposes, in the course of the business.
The following provisions are amended by omitting ‘relevant police officer’ and inserting ‘relevant police representative’:
· subitem 1.2
· subitem 1A.2
· subitem 2.1
· paragraph 4.3 (b)
· subitem 6.1
· subitem 7.1.
1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75, 143, 213, 214, 215, 234 and 299.
2. Notified in the
Commonwealth of Australia Gazette
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