Customs (Prohibited Imports) Amendment Regulations 2002 (No. 4) 2002 No. 331
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 331
Issued by the authority of the Minister for Justice and Customs
Customs Act 1901
Customs (Prohibited Imports) Amendment Regulations 2002 (No. 4)
Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations consistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
Section 50 of the Act provides in part that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
(2) The power conferred by the last preceding subsection may be exercised . . . (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
(3) Without limiting the generality of paragraph (2)(c), the regulations; (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations ..."
The Customs (Prohibited Imports) Regulations 1956 (the principal Regulations) control the importation of the goods specified, by prohibiting importation absolutely, or by making importation subject to the permission of a Minister or an authorised person.
The principal Regulations permit the importation of handguns and handgun parts for the purposes of sports shooting where the sporting shooter (importer) satisfies the police authorisation test set, including that the importer is a certified sports shooter or a certified international sports shooter as defined by the principal Regulations.
The purpose of the Regulations is to prohibit the importation of certain handguns and handgun parts by certified sports shooters and certified international sports shooters and to put related conditions on the importation of handguns by dealers.
The decision to prohibit the importation of these handguns and handguns parts occurred in the aftermath of the shooting at Monash University on 21 October 2002. The Australasian Police Ministers' Council, on 28 November 2002, adopted 28 resolutions aimed at tightening controls on handguns. The Council of Australian Governments endorsed these resolutions on 6 December 2002 and agreed to prohibit, for the purposes of sports shooting, the importation of handguns, which:
• have a calibre greater than .38", with provision for a calibre of up to .45" for participation in specially accredited sporting events;
• have a barrel length of less 120mm for a semi-automatic handgun and 100mm for a revolver or a single shot handgun, unless the handgun is a highly specialised target pistol; and
• have a shot capacity that exceeds 10 rounds.
The Regulations continue to permit the importation of handguns and handgun parts for the purposes of sports shooting under the police authorisation test. However, they ensure that sports shooters and international sports shooters are prohibited from importing those handguns and handgun parts that fit the specifications set out above.
The Regulations exempt black powder muzzle loading pistols and cap and ball percussion fired revolvers from the prohibition. This means that certified sports shooters and certified international sports shooters are permitted to import these types of handguns, provided they satisfy the requirements of the police authorisation test.
The Regulations continue to permit dealers to import handguns under the dealer test, which contains the requirements that a firearm dealer must satisfy to import these articles. However, they impose an additional condition on the importation. Under this condition, the dealer (importer) is not permitted to dispose of a handgun to a sports shooter if it fits the specifications set out above.
Details of the Regulations are set out in the Attachment.
The Regulations commenced on gazettal.
Attachment
Regulation 1- Name of Regulations
The name of these Regulations is the Customs (Prohibited Imports) Amendment Regulations 2002 (No. 4).
Regulation 2 - Commencement
Regulation 2 provides that these amendments commence on gazettal.
Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956
Regulation 3 provides that Schedule 1 to these Regulations amends the Customs (Prohibited Imports) Regulations 1956.
Schedule 1 - Amendment
Item 1 - Schedule 6, Part 3, after subitem 5.4
Item 1 imposes an additional condition on the importation of handguns by dealers. Under the changes, if a dealer disposes of a handgun to a sports shooter, the handgun must comply with subitem 1.3 of Part 4. To comply with subitem 1.3 of Part 4 the handgun must be of a specified calibre, barrel length and shot capacity (as set out in item 2 below).
Item 2 - Schedule 6, Part 4, subitem 1.2
Item 2 makes changes to the meaning of certified sports shooter for a category H article. Previously, this meaning did not specify the types of handguns or handgun parts that could be imported by a certified sports shooter.
Under the changes, a person is a certified sports shooter for a category H article if the article or a firearm magazine or firearm barrel for a Category H article complies with item 1.3. For the purposes of item 1.2, item 1.3 provides that a category H article:
• that is not designed or adapted for competition target shooting must have a barrel length of at least 120mm for a semi-automatic and 100mm for a revolver or a single shot handgun;
• must be fitted with a firearm magazine or cylinder of a capacity of not more than 10 rounds; and
• must not have a calibre of greater than .38", or, if a police representative certifies that the article is required for the purposes of participating in sporting events specifically accredited by the State or Territory, must not have a calibre of greater than .45".
Black powder muzzle loading pistols and cap and ball percussion fired revolvers are exempt from the prohibition. This means that certified sports shooters are permitted to import these types of handguns, provided they satisfy all the requirements of the police authorisation test.
Item 3 - Schedule 6, Part 4, subitem 1A.2
Item 3 makes changes to the meaning of certified international sports shooter for a category H article. Previously, this meaning did not specify the types of handguns or handgun parts that could be imported by a certified international sports shooter.
Under the changes, a person is a certified international sports shooter for a category H article if the article or a firearm magazine or firearm barrel for a Category H article complies item 1A.3. For the purposes of item 1A.2, item 1A.3 provides that a category H article:
• that is not designed or adapted for competition target shooting must have a barrel length of at least 120mm for a semi-automatic and 100mm for a revolver or a single shot handgun;
• must be fitted with a firearm magazine or cylinder of a capacity of not more than 10 rounds; and
• must not have a calibre of greater than .38", or, if a police representative certifies that the article is required for the purposes of participating in sporting events specifically accredited by the State or Territory, must not have a calibre of greater than .45".
Black powder muzzle loading pistols and cap and ball percussion fired revolvers are exempt from the prohibition. This means that certified international sports shooters are permitted to import these types of handguns, provided they satisfy the requirements of the police authorisation test.