Customs (Prohibited Imports) Amendment Regulations 2006 (No. 3) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2006 (No. 3)¹

Select Legislative Instrument 2006 No. 242

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 21 September 2006

MARIE BASHIR

Administrator

By Her Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

Name of Regulations

These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2006 (No. 3).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Customs (Prohibited Imports) Regulations 1956

Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 4F (4), after definition of component of ammunition

insert

deactivated firearm means an article that:

(a)was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

(b)has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

(c)cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

(d)still has the appearance of a firearm, and could reasonably be taken to be a firearm.

Note A firearm can be deactivated to the extent that it is incapable of being returned to its original firing condition, while keeping the appearance of a firearm.

For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:

(a)by fusion welding, which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or

(b)by sectioning, which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or

(c)another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.

[2] Subregulation 4F (4), definition of firearm

substitute

firearm:

(a)means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and

(b)includes a deactivated firearm; and

(c)does not include the following devices:

(i)a nailing or stapling gun;

(ii)an explosive‑powered fixing tool;

(iii)a flare gun, or other signalling device, designed for emergency or life‑saving purposes;

(iv)a line‑thrower;

(v)a hand‑operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;

(vi)a tranquilliser gun;

(vii)a gun that operates a captive bolt for the slaughter of animals;

(viii)a device for the casting of weighted nets;

(ix)an underwater powerhead;

(x)large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 8 of Schedule 2 applies;

(xi)a sidewall core gun designed for geological purposes, mining purposes, or both;

(xii)an expandable casing perforation gun designed for geological purposes, mining purposes, or both.

[3] Subregulation 4F (4), definition of firearm accessory, paragraph (e)

omit

stock.

insert

stock;

[4] Subregulation 4F (4), definition of firearm accessory, after paragraph (e)

insert

(f)a telescopic stock;

(g)a collapsible stock.

[5] Subregulation 4F (4), definition of replica

substitute

replica means an article, of any material or colour:

(a)that:

(i)is a copy or reproduction of a firearm; or

(ii)has the appearance of a firearm; and

(b)that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

(c)that could reasonably be taken to be a firearm.

[6] Schedule 6, Part 1, paragraph 1.3 (e)

omit

the government.

insert

the government; and

[7] Schedule 6, Part 1, after paragraph 1.3 (e)

insert

(f)an article that is to be consumed or destroyed in the course of testing related to a contract with the government of the Commonwealth, a State or a Territory.

[8] Schedule 6, Part 1, item 1.4

substitute

1.4For paragraph 1.2 (b), the ownership arrangements for an article are set out in the following table:

Table

Item	Article	Ownership arrangements
1	An article that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract	Either: (a) the government must own the article at the time of importation, and must retain ownership; or (b) the government must intend to acquire ownership of the article in a period that the Attorney‑General considers appropriate (to be specified in the Attorney‑General’s permission), and must retain ownership Note See item 3 of Part 3.
2	An article that: (a) is to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses; or (b) the government of the Commonwealth, a State or a Territory proposes to inspect, test, evaluate or use for training; or (c) is to be consumed or destroyed in the course of testing related to a contract with the government	The article may be owned by any person Note See item 3 of Part 3.
3	An article that has been given or donated to the government of the Commonwealth, a State or a Territory	All of the following: (a) the article must have been given or donated to the government before importation; (b) the government must own the article at the time of importation; (c) the government must retain ownership
4	Any other article	The government must: (a) own the article at the time of importation; and (b) retain ownership

[9] Schedule 6, Part 1, subparagraph 2.2 (f) (v)

omit

regulation.

insert

regulation; or

[10] Schedule 6, Part 1, after subparagraph 2.2 (f) (v) and before the example

insert

(g)the article is to be imported in the following circumstances:

(i)the importer’s principal or sole occupation is the business of researching or developing firearms technology or other defence and law enforcement related products;

(ii)the importer has a proven history of developing or producing firearms technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;

(iii)the importer holds a licence or authorisation to possess the article in accordance with the law of the State or Territory in which the article is to be used in research or development;

(iv)the article:

(A)is being imported for the completion of a specific project or tender; and

(B)will be allowed to remain in the country for a specified period of time, commensurate with that project or tender; and

(C)will be exported or destroyed once that period of time has expired;

(v)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 use in research or development will be granted under that regulation;

(vi)the Attorney‑General is satisfied that the article will be secured appropriately in Australia.

[11] Schedule 6, Part 1, sub‑subparagraph 6.2 (b) (ii) (B)

omit

testing purposes; and

insert

testing purposes.

[12] Schedule 6, Part 1, subparagraph 6.2 (b) (iii)

omit

[13] Schedule 6, Part 1, after item 7

insert

Returned goods test

8.1The importation of:

(a)a firearm; or

(b)a firearm accessory; or

(c)a firearm part; or

(d)a firearm magazine; or

(e)ammunition; or

(f)a component of ammunition;

to which the returned goods test relates complies with the returned goods test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.

8.2The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:

(a)the article had previously been exported in accordance with a licence or permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; and

(b)the last importation (if any) of the article before that export:

(i)was a lawful importation; and

(ii)was not subject to a condition that the article was to be exported after importation; and

(c)no modification of the article has been carried out since that export; and

(d)the importer holds a licence or authorisation to possess the article in accordance with the laws of the State or Territory in which the importer resides.

8.3In subitem 8.2:

modification does not include repairs.

[14] Schedule 6, Part 2, item 3, column 3, requirements for a self‑loading rimfire rifle, subparagraph (a) (v)

omit

test; and

insert

test;

[15] Schedule 6, Part 2, item 3, column 3, requirements for a self‑loading rimfire rifle, after subparagraph (a) (v)

insert

(vi)the returned goods test; and

[16] Schedule 6, Part 2, item 3, column 3, requirements for a self‑loading shotgun or pump action repeating shotgun, subparagraph (a) (vii)

omit

test; and

insert

test;

[17] Schedule 6, Part 2, item 3, column 3, requirements for a self‑loading shotgun or pump action repeating shotgun, after subparagraph (a) (vii)

insert

(viii)the returned goods test; and

[18] Schedule 6, Part 2, item 4, column 2

substitute

Firearm part of, or for, a firearm to which item 1, 2 or 3 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm.

[19] Schedule 6, Part 2, item 4, column 3, requirements for a part of, or for, self‑loading rimfire rifle, paragraph (e)

omit

test.

insert

test;

[20] Schedule 6, Part 2, item 4, column 3, requirements for a part of, or for, self‑loading rimfire rifle, after paragraph (e)

insert

(f)the returned goods test.

[21] Schedule 6, Part 2, item 4, column 3, requirements for a part of, or for, self‑loading shotgun or pump action repeating shotgun, paragraph (g)

omit

test.

insert

test;

[22] Schedule 6, Part 2, item 4, column 3, requirements for a part of, or for, self‑loading shotgun or pump action repeating shotgun, after paragraph (g)

insert

(h)the returned goods test.

[23] Schedule 6, Part 2, item 5, column 3, paragraph (b)

omit

test.

insert

test;

[24] Schedule 6, Part 2, item 5, column 3, after paragraph (b)

insert

(c)the returned goods test.

[25] Schedule 6, Part 2, item 6, column 3, paragraph (c)

omit

test.

insert

test;

[26] Schedule 6, Part 2, item 6, column 3, after paragraph (c)

insert

(d)the returned goods test.

[27] Schedule 6, Part 2, item 7, column 2

substitute

Firearm part of, or for, a firearm to which item 6 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm.

[28] Schedule 6, Part 2, item 7, column 3, paragraph (c)

omit

test.

insert

test;

[29] Schedule 6, Part 2, item 7, column 3, after paragraph (c)

insert

(d)the returned goods test.

[30] Schedule 6, Part 2, item 8, column 3, paragraph (b)

omit

test.

insert

test;

[31] Schedule 6, Part 2, item 8, column 3, after paragraph (b)

insert

(c)the returned goods test.

[32] Schedule 6, Part 2, item 9, column 3, requirements for a handgun, subparagraph (a) (v)

omit

test; and

insert

test;

[33] Schedule 6, Part 2, item 9, column 3, requirements for a handgun, after subparagraph (a) (v)

insert

(vi)the returned goods test; and

[34] Schedule 6, Part 2, item 9B, column 3, paragraph (e)

omit

test.

insert

test;

[35] Schedule 6, Part 2, item 9B, column 3, after paragraph (e)

insert

(f)the returned goods test.

[36] Schedule 6, Part 2, item 10, column 2

substitute

Firearm part (other than a frame or receiver) of, or for, a firearm to which item 9 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm.

[37] Schedule 6, Part 2, item 10, column 3, paragraph (d)

omit

test.

insert

test;

[38] Schedule 6, Part 2, item 10, column 3, after paragraph (d)

insert

(e)the returned goods test.

[39] Schedule 6, Part 2, item 11, column 3, paragraph (b)

omit

test.

insert

test;

[40] Schedule 6, Part 2, item 11, column 3, after paragraph (b)

insert

(c)the returned goods test.

[41] Schedule 6, Part 2, item 12, column 3, paragraph (b)

omit

test.

insert

test;

[42] Schedule 6, Part 2, item 12, column 3, after paragraph (b)

insert

(c)the returned goods test.

[43] Schedule 6, Part 2, item 13, column 2

substitute

Firearm part of, or for, a firearm, not being a firearm to which item 1, 2, 3, 6, 9 or 13A applies.

[44] Schedule 6, Part 2, item 13, column 3, paragraph (b)

omit

test.

insert

test;

[45] Schedule 6, Part 2, item 13, column 3, after paragraph (b)

insert

(c)the returned goods test.

[46] Schedule 6, Part 2, after item 13

insert

13A

Firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

[47] Schedule 6, Part 2, item 14, column 3, paragraph (b)

omit

test.

insert

test;

[48] Schedule 6, Part 2, item 14, column 3, after paragraph (b)

insert

(c)the returned goods test.

[49] Schedule 6, Part 2, item 15, column 2, paragraphs (a) and (b)

substitute

(a)self‑loading centre‑fire rifles and fully automatic centre‑fire rifles; or

(b)self‑loading shotguns, fully automatic shotguns and pump‑action shotguns;

[50] Schedule 6, Part 2, item 15, column 3, paragraph (c)

omit

test.

insert

test;

[51] Schedule 6, Part 2, item 15, column 3, after paragraph (c)

insert

(d)the returned goods test.

[52] Schedule 6, Part 2, item 16

substitute

Detachable firearm magazine, having a capacity of more than 10 rounds, for:

(a) rimfire self‑loading rifles; or

(b) pump‑action or lever action centre‑fire rifles;

whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(d) the returned goods test.

16A

Detachable firearm magazine, having a capacity of more than 15 rounds, for repeating action centre‑fire rifles other than a pump‑action or lever action centre‑fire rifle, whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(d) the returned goods test.

[53] Schedule 6, Part 2, item 17, column 2

substitute

Firearm magazine, other than a firearm magazine to which item 15, 16 or 16A applies, whether or not attached to a firearm.

[54] Schedule 6, Part 2, item 17, column 3, paragraph (c)

omit

test.

insert

test;

[55] Schedule 6, Part 2, item 17, column 3, after paragraph (c)

insert

(d)the returned goods test.

[56] Schedule 6, Part 2, item 18, column 3, paragraph (b)

omit

test.

insert

test;

[57] Schedule 6, Part 2, item 18, column 3, after paragraph (b)

insert

(c)the returned goods test.

[58] Schedule 6, Part 2, item 19, column 3, paragraph (b)

omit

test.

insert

test;

[59] Schedule 6, Part 2, item 19, column 3, after paragraph (b)

insert

(c)the returned goods test.

[60] Schedule 6, Part 2, item 21, column 3, paragraph (b)

omit

test.

insert

test;

[61] Schedule 6, Part 2, item 21, column 3, after paragraph (b)

insert

(c)the returned goods test.

[62] Schedule 6, Part 2, item 22, column 3, paragraph (b)

omit

test.

insert

test;

[63] Schedule 6, Part 2, item 22, column 3, after paragraph (b)

insert

(c)the returned goods test.

[64] Schedule 6, Part 3, subitem 1.2, paragraph (b)

omit

replica.

insert

replica; or

[65] Schedule 6, Part 3, subitem 1.2, after paragraph (b)

insert

(c)to a deactivated firearm.

[66] Schedule 6, Part 3, after subitem 1.5

insert

1.5AA firearm is taken to comply with the requirements of either subitems 1.6 to 1.9 (inclusive) or subitem 1.10 if:

(a)it is tested in accordance with procedures approved by the Minister, and complies with the requirements; or

(b)each of the following applies:

(i)the firearm is included in a consignment of firearms;

(ii)a sample of the items in the consignment is selected for testing in accordance with procedures approved by the Minister;

(iii)the result of the testing of the sample is that each firearm in the sample complies with the requirements.

[67] Schedule 6, Part 3, subitem 1.6

substitute

1.6The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:

(a)it is held with the barrel vertical and dropped 3 times, being re‑cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt‑first onto a rubber mat that:

(i)is 25 millimetres thick; and

(ii)has a hardness reading (in this item called the appropriate hardness reading) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683‑1976 (“Indentation Hardness of Rubber and Plastics by means of a Durometer”), published on 1 September 1976; or

(b)it is struck not more than 6 times at various points along its length by a rubber hammer that:

(i)has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(ii)is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow; or

(c)in the case of a firearm having an exposed hammer or exposed hammers or having a bolt action, each hammer or bolt tail is struck once by a rubber hammer that:

(i)has a head that weighs 450 grams and has the appropriate hardness reading; and

(ii)is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(iii)is allowed to fall under its own weight.

1.6AIf the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:

(a)each hammer or cocking device is moved back towards the cocked position; and

(b)immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.

[68] Schedule 6, Part 3, subitem 1.7

omit

a force of 11 newtons

insert

a force of less than or equal to 11 newtons

[69] Schedule 6, Part 3, subitem 1.9

substitute

1.9The firearm must, unless it is a hammer firearm fitted with a half‑cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:

(a)when engaged in the “safe” position, prevents discharge of the firearm; and

(b)can be disengaged only by:

(i)for an external safety device — distinct pressure on the device; or

(ii)for an integral safety device — sustained pressure on the trigger; and

(c)for an applied, external, safety device — clearly indicates when the firearm is able to discharge.

[70] Schedule 6, Part 3, subparagraph 1.10 (b) (i)

substitute

(i)when engaged in the “safe” position — prevents discharge of the firearm; and

[71] Schedule 6, Part 3, sub‑subparagraph 1.10 (b) (ii) (B)

omit

internal safety device

insert

integral safety device

[72] Schedule 6, Part 3, after subitem 1.10

insert

1.11The firearm must not:

(a)contain parts; or

(b)be the subject of any modification, corrosion, damage or alteration;

which would make the firearm unsafe in its use.

[73] Schedule 6, Part 3, paragraphs 4.3 (a) and (b)

substitute

(a)the importer must not use the article except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes, during the period, after importation, mentioned in the Attorney‑General’s permission;

(b)the importer must retain ownership and possession of the article, during the period, after importation, mentioned in the Attorney‑General’s permission, unless the article is exported or destroyed;

(c)the importer must, after the period mentioned in the Attorney‑General’s permission:

(i)retain the article for the purpose of demonstrating its uses for inspection; or

(ii)export the article; or

(iii)destroy the article; or

(iv)deal with the article in accordance with paragraph 4.2 (a).

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See