Customs (Prohibited Imports) Regulations (Amendment) (Cth)

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Statutory Rules 1991

No.1

248

Customs (Prohibited Imports) Regulations 2

(Amendment)

I, THE 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

2

August

1991.

BILL HAYDEN

Governor-General

By His Excellency's Command,

Beddoll

Minister of State for Small Business and Customs

1. Amendment

1.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.

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2. Regulation 2 (Interpretation)

2.1

Subregulation 2 (1) (definition of "exempt firearm", paragraph (b)):

Omit the paragraph, substitute:

"(b) a handgun in respect of which the importer produces to a Collector, at or before importation, a statement in an approved form issued:

(i) in relation to a State—by the Commissioner or Chief Commissioner of the police force of the State; and

(ii) in relation to a Territory other than the Northern Territory—by the Commissioner of the Australian Federal Police; and

(iii) 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 handgun of that kind; or".

2.2

Subregulation 2 (1) (definition of "exempt firearm", subparagraphs

(c) (ii) and (iii)):

Omit "it".

2.3

Subregulation 2 (1) (definition of "exempt firearm"):

Add at the end:

"or

(d)

a firearm in respect of which the importer produces to a Collector a written permission under subregulation 4D (1) for the importation of the firearm;".

2.4

Subregulation 2 (1) (definition of "firearm"):

Add at the end:

"or

(j)

a single shot, or repeating action, airgun designed exclusively to fire paintballs;".

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3. New regulation 4D

3.1 After regulation 4c, insert:

Importation of certain exempt firearms for use in films

"4D. (1) For the purposes of paragraph (d) of the definition of 'exempt firearm' in subregulation 2 (1), the Minister of State for Justice and Consumer Affairs (in this regulation called 'the Minister') may give written permission, signed by the Minister, for the importation of a firearm if the Minister is satisfied that the firearm:

(a)

is a firearm of a kind not available in Australia; and

(b)

is to be used in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess a firearm of that kind.

"(2) 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 within any longer period specified in the permission; and

(b)

comply with any condition or requirement specified, in relation to the firearm, in the permission.".

4. Regulation 4 qa (Importation of goods from Iraq etc.)

4.1

Omit the regulation, substitute:

Importation of goods of Iraqi origin

"4QA. (1) Except in accordance with a permission granted under subregulation (2), a person must not import:

(a) from Iraq—goods of any description; or

(b) from any country—goods of Iraqi origin.

"(2) The Minister of State for Foreign Affairs and Trade (in this

regulation called 'the Minister') may grant a permission for the

importation of specified goods, or goods of a specified kind, where the

the Minister is satisfied that permitting the importation will not infringe

importation without the permission would contravene subregulation (1), if

the international obligations of Australia.

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"(3) A permission granted under subregulation (2) may specify, in relation to the importation of goods that it permits:

(a)

conditions or requirements, including times for compliance,

to which the importation is subject; and

(b)

the quantity of goods that may be imported; and

(c)

the circumstances in which the goods may be imported.

"(4) The Minister may revoke or modify a permission granted under subegulation (2) if the Minister is satisfied on reasonable grounds that:

(a)

a condition or requirement of the permission has not been complied with; or

(b)

permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.

"(5) The powers of the Minister under subregulations (2), (3) and (4) may be exercised by a person authorised in writing by the Minister to exercise those powers.

"(6) Where, in relation to an application for a permission under subregulation (2) for the importation of goods into Australia, a person authorised under subregulation (5) has formed the opinion that the permission should not be granted, the person must refer the application to the Minister.

"(7) The Minister must decide an application referred under

subregulation (6).".

5. Schedule 2 (Goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised person has been granted)

5.1 Item 21:

Omit "gun,".

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248

5.2

Item 26:

Omit the item, substitute:

"26 Devices designed to modify a firearm so as to give it a rapid fire

capability".

6. Schedule 3 (Goods the Importation of which is prohibited unless specified conditions, restrictions or requirements are complied with)

6.1

Part 1, item 5 (third column, paragraph (b)):

After "subregulation 2 (1)", insert "refers".

6.2

Part 1, item 5 (third column):

Add at the end:

;or

(e)

the firearms are competition target firearms; or

(f)

the firearms are imported in accordance with a permission granted under subregulation 4 d (1).".

6.3 Part 1, item 8A:

Omit the item.

NOTES

1.

Notified in the Commonwealth of Australia Gazette on

1991.

9

August

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; and Act No. 75,1981; 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, 354,

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 and 76.

91 R370

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