Customs (Prohibited Imports) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 7 February 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
C. SCHACHT
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1.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.
[Note: These Regulations commence on gazettal: see
2.1 Subregulation 2 (1) (definition of “exempt firearm”):
Omit from subparagraph (a) (i) of the definition “Minister of State for Justice and Consumer Affairs”, substitute “Minister for Justice”.
2.2 Subregulation 2 (1) (definition of “exempt firearm”):
Insert “a” before “Territory” in subparagraph (b) (ii) of the definition.
2.3 Subregulation 2 (1) (definition of “exempt firearm”):
Omit from paragraph (b) of the definition “state or territory”, substitute “State or Territory”.
2.4 Subregulation 2 (1) (definition of “exempt firearm”):
Omit from paragraph (c) of the definition “a rifle,” (first occurring), substitute “subject to subregulation (1A), a rifle,”.
2.5 Subregulation 2 (1) (definition of “exempt firearm”):
After “4D (1)” in paragraph (d) of the definition, insert “or 4DA (1)”.
2.6 After subregulation (1), insert:
Paragraph (c) of the definition of ‘exempt firearm’ applies in relation to a firearm of a kind specified in the paragraph only if, in respect of the firearm, the importer produces to a Collector, at or before importation, a statement in an approved form issued:
(a) in relation to a State—by the Commissioner or Chief Commissioner of the police force of the State; or
(b) in relation to a Territory other than the Northern Territory—by the Commissioner of the Australian Federal Police; or
(c) in relation to the Northern Territory—by the Commissioner of Police of the police force of the Northern Territory;
to the effect that the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess a firearm of that kind.”.
3.1 Subparagraph 4A (1A) (a) (v)
Omit “the” before “Schedule”.
4.1 Subregulation 4C (4):
Omit “(3);”, substitute “(3):”.
4.2 Paragraph 4C (4) (b):
Omit “exceed”, substitute “exceed,”.
5.1 Subregulation 4D (1):
Omit “Minister of State for Justice and Consumer Affairs (in this regulation called “the Minister”)”, substitute “Minister for Justice”.
6.1 After regulation 4D insert:
(1) For the purposes of paragraph (d) of the definition of ‘exempt firearm’ in subregulation 2 (1), the Minister for Justice may give a permission in writing, signed by the Minister, for the importation of a firearm for use in the development of mountings for a laser target designator.
The Minister must not grant a permission under subregulation (1) unless he or she is satisfied that the firearm:
(a) is a firearm of a kind not available in Australia; and
(b) is to be used in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation under the law of the State or Territory to possess a firearm of that kind.
A person who imports a firearm in accordance with a permission granted under subregulation (1) must:
(a) export the firearm within 6 months of its importation, or any longer period specified in the permission; and
(b) comply with any condition or requirement specified in the permission in relation to the firearm.
(1) For the purposes of item 5A of Part 1 of Schedule 3, the Minister for Justice may give written permission, signed by the Minister, for the importation of a part for:
(a) a firearm that has been imported; or
(b) a firearm that is to be imported with the part;
under a permission granted under subregulation 4D (1) or 4DA (1).
A permission granted under subregulation (1) is subject to the following conditions:
(a) the part must not be used for a firearm other than the firearm specified in the permission;
(b) if the part has not been used, the part must be exported within 6 months of its importation or any longer period specified in the permission;
(c) the importer must comply with any other condition specified in the permission in relation to the part.”.
7.1 Subregulation 4R (1):
Omit “Department of Health, Housing, Local Government and Community Services”, substitute “Department of Human Services and Health”.
7.2 Subregulations 4R (1) and (2):
Omit “Minister for Health”, substitute “Minister for Human Services and Health”.
8.1 Omit “Department of Health, Housing, Local Government and Community Services” (wherever occurring), substitute “Department of Human Services and Health”.
9.1 Subregulation 5A (1):
Omit the subregulation, substitute:
Subject to subregulations (2) and (3), the importation into Australia of a therapeutic substance that is an antibiotic substance is prohibited unless a permission in writing to import the substance has been granted by the Secretary of the Department of Human Services and Health or an authorised person.
Subregulation (1) does not apply to a substance:
(a) that is for the personal use of a passenger, or a relative of a passenger, on a ship or an aircraft; and
(b) that is brought to Australia on that ship or aircraft; and
(c) the amount of which does not exceed 3 months’ supply for a person at the maximum dosage recommended by the manufacturer of the substance.
Subregulation (1) does not apply to a substance:
(a) imported by a member of a group of persons visiting Australia to participate in a national or international sporting event; and
(b) for use in the treatment of a member or members of that group.”.
9.2 Subregulations 5A (4), (6) and (8):
Omit “Department of Health, Housing, Local Government and Community Services” (wherever occurring), substitute “Department of Human Services and Health”.
10.1 Omit “Department of Health, Housing, Local Government and Community Services” (wherever occurring), substitute “Department of Human Services and Health”.
11.1 Omit “Department of Health, Housing, Local Government and Community Services” (wherever occurring), substitute “Department of Human Services and Health”.
12.1 Omit “Department of Health, Housing, Local Government and Community Services” (wherever occurring), substitute “Department of Human Services and Health”.
12.2 Subregulation 5HA (1):
Omit “Minister for Health.”, substitute “Minister for Human Services and Health.”.
13.1 Item 5:
Omit subparagraph (c) (i) from column 3, substitute:
“(i) the importer is entitled:
(A) under a visa issued under the
Migration Act 1958, to enter, or remain in, Australia for a period of not more than 1 year; or(B) under a New Zealand passport to enter, or remain in, Australia;”.
13.2 Item 5:
Omit subparagraph (c) (iii) from column 3, substitute:
“(iii) the firearms are to be exported:
(A) in the case of an importer referred to in sub-subparagraph (i) (A)—not later than the expiry of the relevant visa; and
(B) in the case of an importer referred to in sub-subparagraph (i) (B)—not later than 1 year after the date of their importation; or”.
13.3 Item 5:
Omit from paragraph (f) in column 3 “4D (1).”, substitute “4D (1) or 4DA (1).”.
13.4 New item 5A:
After item 5, insert:
“5A | Parts for exempt firearms, being parts of a kind referred to in subregulation 4DB (1) | The importer must produce to the Collector at or before importation a permission granted under subregulation 4DB (1)”. |
1. Notified in the
Commonwealth of Australia Gazette on 14 February 1995.2. 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.
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