Customs (Prohibited Imports) Regulations (Amendment) (Cth)
__________________
I, WILLIAM
PATRICK DEANE, Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council, make the following Regulations under the
Dated 15 July 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
AMANDA VANSTONE
Minister for Justice
for the
Minister for Customs and Consumer Affairs
____________
1.1 These Regulations commence on gazettal.
2.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations.
3.1 Insert the following definitions:
“
4.1 Subregulations 4F (1), (2) and (3):
Omit “magazine or ammunition” (wherever occurring), substitute “magazine, ammunition, a component of ammunition or a replica”.
4.2 Subregulation 4F (4):
Omit the subregulation, substitute:
“
(a) a nailing or stapling gun;
(b) an explosive-powered fixing tool;
(c) a flare gun, or other signalling device, designed for emergency or life-saving purposes;
(d) a line-thrower;
(e) a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;
(f) a tranquilliser gun;
(g) a gun that operates a captive bolt for the slaughter of animals;
(h) a device for the casting of weighted nets;
(i) an underwater powerhead;
(j) 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;
(k) a sidewall core gun designed for geological purposes, mining purposes, or both;
(l) an expandable casing perforation gun designed for geological purposes, mining purposes, or both.
(a) a silencer designed or intended for use with a firearm;
(b) a device designed to modify a firearm so as to give it a rapid fire capability;
(c) a device capable of converting a firearm to fire in a fully automatic condition;
(d) a folding stock;
(e) a detachable stock.
(a) a gas piston, friction assembly, action bar, breech bolt or breech block;
(b) a firearm barrel;
(c) an assembled trigger mechanism;
(d) a receiver;
(e) something, other than a complete firearm, that includes 1 or more of these items.
(a) a firearm accessory, a firearm magazine or ammunition;
(b) a screw, spring, or other minor component, of a firearm.
(a) is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(b) is not a toy.”.
5.1 Item 1 of Part 1:
Subitem 1.1:
Omit “magazine or ammunition”, substitute “magazine, ammunition or a component of ammunition”.
5.2 Item 1 of Part 1:
Subitem 1.3:
Add at the end:
“; and (e) an article that has been given or donated to the government.”.
5.3 Item 1 of Part 1:
After the second item of the table in subitem 1.4, insert:
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(c) The government must retain ownership. |
5.4 Item 2 of Part 1:
Subitem 2.1:
Omit “magazine or ammunition”, substitute “magazine, ammunition or a component of ammunition”.
5.5 Item 2 of Part 1:
Paragraph 2.2 (a):
Omit the paragraph, substitute:
“(a) the article:
(i) is of a type not available in Australia; and
(ii) 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 an article of that type; and
(iii) is not to be used in an advertisement, a music video or another type of film promoting music or a product; or”.
5.6 Add at the end of subitem 2.2:
“
a cinematographic film
• a film or documentary made specifically for television
a television program or series.”.
5.7 Item 2 of Part 1:
Paragraph 2.2 (c):
Omit “is ammunition”, substitute “is ammunition, or a component of ammunition,”.
5.8 Item 2 of Part 1:
Paragraph 2.2 (c):
Omit “the ammunition” (wherever occurring), substitute “the ammunition, or the component of ammunition,”.
5.9 Item 3 of Part 1:
Subitem 3.1:
Omit “magazine or ammunition”, substitute “magazine, ammunition or a component of ammunition”.
5.10 Item 4 of Part 1:
Subitem 4.1:
Omit “magazine or ammunition”, substitute “magazine, ammunition, a component of ammunition or a replica”.
5.11 Item 4 of Part 1:
Paragraph 4.1 (a):
Omit the paragraph, substitute:
“(a) the importer of the article has been given a statement, in an approved form, to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the article, or that a licence or authorisation to possess the article is not required under the law of the relevant State or Territory, and the statement is given by:
(i) for a State—by the Commissioner or Chief Commissioner of the police force of the State; and
(ii) for the Northern Territory—the Commissioner of Police of the police force of the Northern Territory; and
(iii) for a Territory other than the Northern Territory—the Chief Police Officer of the Australian Capital Territory; and”.
5.12 Part 2, heading:
Omit “magazines and ammunition”, substitute “magazines, ammunition, components of ammunition and replicas”.
5.13 Column 2 of Part 2, heading:
Omit “magazine or ammunition”, substitute “magazine, ammunition, component of ammunition or replica”.
5.14 Item 1 of Part 2:
Column 2:
Omit “, other than a soft air rifle”.
5.15 Item 1 of Part 2:
Column 2:
After “Air rifle.”, insert “Soft air rifle.”.
5.16 Item 1 of Part 2:
Omit column 3, substitute:
“For a firearm, other than a soft air rifle:
(a) the importation must comply with at least 1 of the following tests:
(i) the official purposes test;
(ii) the specified purposes test;
(iii) the specified person test;
(iv) the Police authorisation test; and
(b) if the firearm was manufactured on or after 1 January 1900—the firearm must bear a unique serial number; and
(c) if item 1 of Part 3 of this Schedule applies to the firearm—the firearm must comply with the safety requirements set out in the item.
For a soft air rifle:
(a) the importation must comply with the Police authorisation test; and
(b) if the firearm was manufactured on or after 1 January 1900—the firearm must bear a unique serial number; and
(c) if item 1 of Part 3 of this Schedule applies to the firearm—the firearm must comply with the safety requirements set out in the item.”.
5.17 Part 2:
After item 1 of Part 2, insert:
“1A | A replica of a firearm mentioned in item 1, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. | The importation must comply with the Police authorisation test.”. |
5.18 Item 2 of Part 2:
Column 2:
Add at the end:
“Repeating bolt action shot gun.
Lever action shot gun.”.
5.19 Item 2 of Part 2:
Column 3:
Omit “The firearm must bear a unique serial number.”, substitute “If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.”.
5.20 Part 2:
After item 2 of Part 2, insert:
“2A | A replica of a firearm mentioned in item 2, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. | The importation must comply with the Police authorisation test.”. |
5.21 Item 3 of Part 2:
Column 3:
Omit “the firearm must bear a unique serial number; and” (wherever occurring), substitute “if the firearm was manufactured on or after 1 January 1900—the firearm must bear a unique serial number; and”.
5.22 Part 2:
After item 3, insert:
“3A | A replica of a firearm mentioned in item 3, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. | The importation must comply with the Police authorisation test.”. |
5.23 Item 6 of Part 2:
Column 3:
Omit “The firearm must bear a unique serial number.”, substitute “If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.”.
5.24 Part 2:
After item 6, insert:
“6A | A replica of a firearm mentioned in item 6, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. | The importation must comply with the Police authorisation test.”. |
5.25 Item 9 of Part 2:
Omit column 2, substitute:
“Any of the following firearms, unless the firearm:
(a) has a fully automatic firing capability; or
(b) resembles in appearance a sub-machine gun, a machine pistol or a handgun that has a fully automatic firing capability.
Handgun.
Soft air handgun.”.
5.26 Item 9 of Part 2:
Omit column 3, substitute:
“For a handgun:
(a) the importation must comply with at least 1 of the following tests:
(i) the official purposes test;
(ii) the specified purposes test;
(iii) the specified person test;
(iv) the Police authorisation test; and
(b) if the firearm was manufactured on or after 1 January 1900—the firearm must bear a unique serial number; and
(c) if item 1 of Part 3 of this Schedule applies to the firearm—the firearm must comply with the safety requirements set out in the item.
For a soft air handgun:
(a) the importation must comply with the Police authorisation test; and
(b) if the firearm was manufactured on of after 1 January 1900—the firearm must bear a unique serial number; and
(c) if item 1 of Part 3 of this Schedule applies to the firearm—the firearm must comply with the safety requirements set out in the item.”.
5.27 Part 2:
After item 9, insert:
“9A | A replica of a firearm mentioned in item 9, other than a replica that resembles in appearance a sub-machine gun, a machine pistol or a handgun that has a fully automatic firing capability. | The importation must comply with the Police authorisation test.”. |
5.28 Item 10 of Part 2:
Column 2:
Omit “handgun”, substitute “firearm”.
5.29 Item 11 of Part 2:
Column 2:
Omit “handgun”, substitute “firearm”.
5.30 Item 12 of Part 2:
Column 3:
Omit “The firearm must bear a unique serial number.”, substitute “If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.”.
5.31 Part 2:
After item 12, insert:
“12A | A replica of a firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies. | The importation must comply with the Police authorisation test.”. |
5.32 Items 15, 16 and 17 of Part 2:
Add at the end of column 3 in each item:
“; (c) the specified purposes test.”.
5.33 Item 19 of Part 2:
Omit “kinds:” (first occurring), substitute “kinds for a firearm to which item 1, 2, 3, 6, 9 or 12 applies:”.
5.34 Item 20 of Part 2:
Omit “firearm,”, substitute “firearm to which item 1, 2, 3, 6, 9 or 12 applies,”.
5.35 Part 2:
Add at the end:
“21 | A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, if the component is one of the following kinds of projectile: (a) tracer; (b) frangible; (c) explosive: (d) incendiary; (e) armour piercing; (f) penetrator; (g) saboted light armour piercing (SLAP);
| The importation must comply with the official purposes test. |
22 | A component of ammunition for a firearm to which item 9 applies, if the component is designed, advertised or capable of defeating: (a) soft body armour; or (b) opaque or glazed bullet resistant material. | The importation must comply with the official purposes test. |
23 | A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, other than a component to which items 21 and 22 apply. | The importation must comply with at least 1 of the following tests:
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5.36 Part 3, heading:
Omit “magazines and ammunition”, substitute “magazines, ammunition, components of ammunition and replicas”.
5.37 Item 1 of Part 3:
Subitem 1.2:
Omit the subitem, substitute:
“1.2 |
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5.38 Item 1 of Part 4:
Paragraph 1.1 (a):
Omit “member of a club affiliated”, substitute “registered shooter”.
5.39 Item 1 of Part 4:
Subparagraph 1.1 (d) (ii):
Omit “member of a club affiliated”, substitute “registered shooter”.
5.40 Item 1A of Part 4:
Paragraph 1A.1 (b):
Omit the paragraph, substitute:
“(b) the event is:
(i) the Olympic Games or an associated event; or
(ii) the Paralympic Games or an associated event; or
(iii) the Commonwealth Games or an associated event; or
(iv) organised by the Australian Clay Target Association; and”.
1. Notified in the
Commonwealth of Australia Gazette on 16 July 1998.2. 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; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52 and 58.
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