Customs (Prohibited Imports) Amendment Regulations 2008 (No. 6) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2008 (No. 6)¹

Select Legislative Instrument 2008 No. 255

I, QUENTIN BRYCE, 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 12 December 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

BOB DEBUS

Minister for Home Affairs

Name of Regulations

These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2008 (No. 6).

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.

Transitional

The amendments made by Schedule 1 apply in relation to a request for a permission, made on or after the date on which these Regulations commence, to import a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica mentioned in regulation 4F of the Customs (Prohibited Imports) Regulations 1956.

Schedule 1 Amendments

(regulation 3)

[1] Schedule 6, Part 1, paragraph 1.2 (b)

omit

subitem 1.4.

insert

subitem 1.4; and

[2] Schedule 6, Part 1, after paragraph 1.2 (b)

insert

(c)the importer holds a licence or authorisation to possess the article for the importer’s intended use in accordance with the law of the State or Territory in which the article is to be used.

[3] Schedule 6, Part 1, subitem 1.4, table, item 2, column 2, paragraph (c)

substitute

(c)is to be consumed or destroyed in the course of testing related to a contract with the government; or

(d)is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory.

[4] Schedule 6, Part 1, subparagraph 2.2 (a) (ii)

after

that type

insert

and for that use

[5] Schedule 6, Part 1, paragraph 2.2 (b)

after

that type

insert

and for that use

[6] Schedule 6, Part 1, subparagraph 2.2 (d) (iii)

after

possess the article

insert

for a purpose mentioned in subparagraph (i)

[7] Schedule 6, Part 1, subparagraphs 2.2 (c) (iv) and (e) (ii)

omit

Customs (Prohibited Exports) Regulations

insert

Customs (Prohibited Exports) Regulations 1958

[8] Schedule 6, Part 1, subparagraph 2.2 (g) (iii)

after

possess the article

insert

for research or development purposes

[9] Schedule 6, Part 1, paragraph 3.2 (b)

after

the article

insert

for the purpose of carrying out that occupation

[10] Schedule 6, Part 1, subparagraph 7.1 (b) (i)

after

H articles

insert

for the purpose of the importer’s business

[11] Schedule 6, Part 1, paragraph 8.2 (d)

after

the article

insert

for the importer’s intended use

[12] Schedule 6, Part 2, item 1, column 2

omit

that is

[13] Schedule 6, Part 2, item 1, column 2, paragraphs (a) and (b)

substitute

(a)that is:

(i)fitted, whether by original design or by modification, with a folding or detachable stock; and

(ii)capable of being fired when the stock is in the folded position or removed; or

(b)that is substantially the same in appearance as a fully automatic firearm.

[14] Schedule 6, Part 2, item 2, column 2

omit

that is

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

substitute

(a)that is:

(i)fitted, whether by original design or by modification, with a folding or detachable stock; and

(ii)capable of being fired when the stock is in the folded position or removed; or

(b)that is substantially the same in appearance as a fully automatic firearm.

[16] Schedule 6, Part 2, item 9, column 2, paragraph (b)

omit

resembles in appearance

insert

is substantially the same in appearance as

[17] Schedule 6, Part 2, item 9A, column 2

omit

resembles in appearance

insert

is substantially the same in appearance as

[18] Schedule 6, Part 2, item 12, column 2

omit

6 or 9

insert

6, 9 or 14A

[19] Schedule 6, Part 2, item 14A, column 2, paragraph (b)

substitute

(b)is substantially the same in appearance as a fully automatic firearm.

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

substitute

(a)self‑loading centre‑fire rifles; or

(b)self‑loading shotguns or pump‑action shotguns; or

(c)fully automatic firearms;

[21] Schedule 6, Part 3, subparagraph 1.4 (b) (ii)

after

firearm

insert

for the purposes of the competition or hunting activity

[22] Schedule 6, Part 3, after subitem 3.4

insert

3.5The importation, in accordance with the official purposes test, of an article that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:

(a)the article must be exported within the period, after importation, mentioned in the Attorney‑General’s permission;

(b)the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General’s permission.

[23] Schedule 6, Part 3, sub‑subparagraph 5.3 (a) (ii) (A)

after

H articles

insert

for stock purposes

[24] Schedule 6, Part 3, subparagraph 5.5 (b) (i)

after

H articles

insert

for stock purposes

[25] Schedule 6, Part 3, paragraph 5.9 (a)

after

H articles

insert

for stock purposes

[26] Schedule 6, Part 4, paragraph 1.1 (b)

after

the article

insert

for the purpose of taking part in clay target events

[27] Schedule 6, Part 4, paragraph 1A.1 (d)

after

the article

insert

for the purpose of taking part in clay target events

[28] Schedule 6, Part 4, paragraph 1A.2 (d)

after

possess the article

insert

for sports or target shooting

[29] Schedule 6, Part 4, paragraph 4.2 (c)

after

article

insert

for the purpose of the person’s occupation

Note

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