Customs (Prohibited Imports) Amendment Regulations 2010 (No. 2) (Cth)

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 2)¹

Select Legislative Instrument 2010 No. 275

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 16 November 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

1. Name of Regulations

These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2010 (No. 2).

1. Commencement

These Regulations commence on the day after they are registered.

1. Amendment of Customs (Prohibited Imports) Regulations 1956

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

Schedule 1          Amendments

(regulation 3)

[1]          Subregulation 2 (1), after definition of HFC

insert

imitation has the meaning given by subregulation 4F (4).

[2]          Subregulation 2 (1), definition of replica

omit

[3]          Regulation 4F, heading

substitute

4FImportation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

[4]          Subregulations 4F (1), (2), (2B) and (3)

omit each mention of

a replica

insert

an imitation

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

omit

replica

insert

imitation

[6]          Schedule 6, heading

substitute

Schedule 6          Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines, ammunition, components of ammunition and imitations

(regulation 4F)

[7]          Schedule 6, Part 1, subitems 1.2, 2.2 and 3.2

omit

must not give written permission for the importation of the article unless

insert

may give written permission for the importation of the article only if

[8]          Schedule 6, Part 1, item 4, heading

substitute

1. Police certification test

[9]          Schedule 6, Part 1, subitem 4.1

omit

a replica to which the police authorisation

insert

an imitation to which the police certification

[10]        Schedule 6, Part 1, subitem 5.2

substitute

5.2The Attorney-General may give written permission for the importation of the article only if the importer is a certified sports shooter for the article.

[11]        Schedule 6, Part 1, subitem 5A.2

substitute

5A.2The Attorney-General may give written permission for the importation of the article only if the importer is a certified international sports shooter for the article.

[12]        Schedule 6, Part 1, subitem 6.2

omit

must not give written permission for the importation of the article unless

insert

may give written permission for the importation of the article only if

[13]        Schedule 6, Part 1, subitems 8.2 and 8.3

substitute

8.2The Attorney-General may give written permission for the importation of the article only if the Attorney-General is satisfied:

(a)that:

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

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

(A)was a lawful importation; and

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

(iii)the article has not been modified since the export; and

(iv)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 importer lives; or

(b)that:

(i)a licence or permission to export the article under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 is in force, but the article has not been exported; and

(ii)the article has not been modified since the licence or permission was granted; and

(iii)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 importer lives.

8.3In this item:

modified does not include repaired.

[14]        Schedule 6, Part 1, after item 8

insert

1. Application for Attorney-General’s permission to import article

9.1This item applies if the written permission of the Attorney‑General for the importation of an article is required under this Part.

9.2A person may apply to the Attorney-General for the permission.

9.3The application must be made on the form approved by the Secretary to the Department.

[15]        Schedule 6, Part 2, heading

substitute

Part 2           Requirements for specific firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

[16]        Schedule 6, Part 2, column 2, heading

substitute

Column 2

Firearm, firearm accessory, firearm part, firearm magazine, ammunition, component of ammunition or imitation

[17]        Schedule 6, Part 2, item 1A

substitute

1A An imitation of a firearm mentioned in item 1, other than an imitation that is fitted, whether by original design or by modification, with a folding or detachable stock The importation must comply with the police certification test

[18]        Schedule 6, Part 2, item 2A

substitute

2A An imitation of a firearm mentioned in item 2, other than an imitation that is fitted, whether by original design or by modification, with a folding or detachable stock The importation must comply with the police certification test

[19]        Schedule 6, Part 2, item 3A

substitute

3A An imitation of a firearm mentioned in item 3, other than an imitation that is fitted, whether by original design or by modification, with a folding or detachable stock The importation must comply with the police certification test

[20]        Schedule 6, Part 2, item 6A

substitute

6A An imitation of a firearm mentioned in item 6, other than an imitation that is fitted, whether by original design or by modification, with a folding or detachable stock The importation must comply with the police certification test

[21]        Schedule 6, Part 2, item 9A

substitute

9A An imitation of a firearm mentioned in item 9, other than an imitation that is substantially the same in appearance as a sub‑machine gun, a machine pistol or a handgun that has a fully automatic firing capability The importation must comply with the police certification test

[22]        Schedule 6, Part 2, item 12A

substitute

12A An imitation of a firearm, other than a firearm to which item 1, 2, 3, 6 or 9 applies The importation must comply with the police certification test

[23]        Schedule 6, Part 3, heading

substitute

Part 3           Conditions relating to the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

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

substitute

              (b)    to an imitation; or

[25]        Further amendments — police authorisation test

               The following provisions are amended by omitting each mention of ‘Police authorisation test’ and inserting ‘police certification test’:

                  ·     Schedule 6, Part 2, item 1, column 3

                  ·     Schedule 6, Part 2, item 2, column 3

                  ·     Schedule 6, Part 2, item 3, column 3

                  ·     Schedule 6, Part 2, item 4, column 3

                  ·     Schedule 6, Part 2, item 9, column 3

                  ·     Schedule 6, Part 2, item 9B, column 3

                  ·     Schedule 6, Part 2, item 10, column 3

                  ·     Schedule 6, Part 2, item 14A, column 3

                  ·     Schedule 6, Part 2, item 17, column 3

                  ·     Schedule 6, Part 2, item 20, column 3

                  ·     Schedule 6, Part 2, item 23, column 3.

Note

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