Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026

EXPLANATORY STATEMENT

Issued by authority of the Minister for Home Affairs

Customs Act 1901

Legislative authority

The Customs Act 1901 (the Customs Act) concerns customs-related functions and is the legislative authority that sets out the customs requirements for the importation, and exportation, of goods to and from Australia.

Subsection 270(1) of the Act gives the Governor-General the power to make regulations consistent with the Act prescribing all matters, which by the Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to the Act.

The Customs (Prohibited Imports) Regulations 1956 (the Regulations) are made under section 270 of the Customs Act for and in relation to the matters set out in section 50 of that Act.

Schedule 6 to the Regulations sets out the requirements for the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations for the purposes of regulation 4F of the Regulations. Part 1 of Schedule 6 prescribes the tests that must be considered by the Minister before granting permission to import firearms and related items. Part 2 of Schedule 6 provides further requirements for specific firearms, firearm accessories, parts, magazines, ammunition, and imitations. Part 3 of Schedule 6 to the Regulations provides further conditions relating to the importation of firearm accessories and parts. Part 4 provides definitions for the Schedule, including that of category C and category H articles.

Regulation 4F of the Regulations prohibits the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, or an imitation, unless the item is listed in Part 2 of Schedule 6 and the importation is in accordance with the requirements set out in column 3 of the item.

Purpose

The purpose of the Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026 (the Amendment Regulations) is to amend the Regulations to provide the Minister with a power to determine associations, bodies, events and other criteria for the purposes of importing “restricted category C” firearms for sports shooting events, and to reclassify the firearms used by biathletes to restricted category C firearms to allow their import for those events. The Amendment Regulations also enable the importation of antique handguns (handguns manufactured prior to 1 January 1900) as category H articles.

Background

The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 (CAHE Act) amended the Regulations to re‑categorise straight pull and assisted repeating action firearms as category C and D firearms imports under the Regulations. The Regulations set out various import tests in Part 1 of Schedule 6, with Part 2 explaining which tests apply to the importation of differing classes of firearms and related articles.

Items 5 and 5A of Part 1 of Schedule 6 to the Regulations provide the relevant standards for the “sports shooter test” and the “international sports shooter test” respectively. These tests allow restricted category C or category H firearms to be imported only where the Minister gives written permission, and only if the person importing the firearm qualifies as a “certified sports shooter” or “certified international sports shooter” for that article.

Item 1 and 1A of Part 4 of Schedule 6 provide the meaning of “certified sports shooter” and “certified international sports shooter.” These items impose certain conditions including membership of specified sporting bodies, licence and authorisation requirements, and limits on the kinds of events for which firearms may be imported.

Item 6 of Part 1 of Schedule 6 establishes the “dealer test”. Under this provision a licensed firearms dealer may import category C firearms subject to strict conditions governing who the imported firearm may be sold to. Where the firearm is classified as a “restricted category C article”, under item 4 of Part 3 of Schedule 6, a dealer may only sell the firearm to a “certified sports shooter” for that article.

The re-categorisation of straight pull repeating action firearms has introduced challenges for biathletes seeking to import new firearms for biathlon competitions. The sport requires athletes to ski for a distance and shoot a target utilising straight pull rimfire rifles. Following the introduction of the CAHE Act, there is no mechanism to support the importation of new straight pull firearms by biathletes, or for dealers to import them and on-sell domestically. Biathletes typically hold lower category firearm licences that are applicable to “lower” or “medium” risk firearms (category A or B licences) under the National Firearms Agreement. Without being able to import straight pull firearms and parts, Australian biathletes cannot import new firearms for domestic competitions, nor can international biathletes bring their straight pull firearms to Australia for competition.

The CAHE Act also amended the Regulations to remove the police certification test as an applicable test for handguns under Item 9 of Part 2 of Schedule 6. This resulted in the import of antique handguns being effectively impossible.

Item 3A of Part 4 of Schedule 6 defines category H articles, and explicitly excludes firearms, frames or receivers manufactured before 1 January 1900. Item 9 of Part 2 of Schedule 6 provides that the “handgun test” is applicable to a handgun and item 9B of Part 2 of Schedule 6 provides the “handgun test” is applicable to a frame or receiver of a handgun.

The “handgun test” is outlined in item 7 of Part 1 of Schedule 6 and limits the application of the test to category H articles. As firearms, frames and receivers manufactured before 1 January 1900 are explicitly excluded from the meaning of category H articles, antique handguns are not captured under the “handgun test”. This has meant there is no longer an avenue to import antique handguns into Australia.

Impact and effect

The Amendment Regulations facilitate the removal of the limitation on biathletes importing assisted repeating action or straight pull repeating action rimfire rifles either as an individual permit applicant, or through a dealer, to compete domestically or internationally, and to support organised biathlon events to be held in Australia. This is achieved through three core amendments; the inclusion of the new broad category for the definition of “certified sports shooter” and “certified international sports shooter” to incorporate the Minister specified sporting associations, bodies and events; the Ministerial legislative instrument making power to specify the relevant association and bodies, sporting events and other relevant criteria for the purposes of the new categories of “certified sports shooter” and “certified international sports shooter”; and changes to the definition of a “restricted category C article” to include assisted repeating action and straight‑pull repeating action firearms.

The Amendment Regulations establish new categories of definitions for “certified sports shooter” and “certified international sports shooter” for the importation of restricted category C articles. The category determines a person as a certified sports shooter if the Minister certifies they are satisfied of:

their relevant membership;
citizenship or legal status in Australia;
a license or authorisation to possess the firearm for the purposes of the relevant event;
that the firearm is intended for use solely to take part in the relevant event; and
that any other specified criteria are met.

The new category of “certified international sports shooter” includes a person if:

the Minister is satisfied the person intends to use the article in Australia purely for the Minister‑specified event;
the event is specified by the Minister;
the person is not an Australian or lawful non-citizen with a permanent visa under the Migration Act 1958;
the person holds a license or authorisation to possess the firearm for the purposes of the relevant event; and
any other specified criteria are met.

The Amendment Regulations also include a legislative instrument-making power for the Minister to specify relevant sporting associations and bodies, sporting events and other relevant criteria to determine whether the requirements of the new category of “certified sports shooter” or “certified international sports shooter” respectively are met. This will allow the Minister to facilitate the importation of firearms for sports shooter events that would otherwise be prohibited or difficult to import under the Regulations.

The legislative instrument-making powers are limited to specifying one or more sporting events, one or more sporting associations or bodies, and any other criteria that may be applicable to the person seeking import. This allows the Minister to promptly and efficiently facilitate the import of articles for relevant sporting events. It also clearly defines what is required to be specified for the functioning of the categories of certified sports shooter and certified international sports shooter but provides sufficient flexibility so the Minister can specify and ensure relevant activities such as event practice or showcasing of firearms for an event can occur.

These new categories will allow athletes like biathletes, which require restricted category C firearms, that are otherwise subject to restrictive import controls, to import relevant firearms to compete in events, such as Biathlon events organised by Biathlon Australia, under the definition of “certified sports shooter” or “certified international sports shooter” tests.

The amended definition of “restricted category C article” includes assisted repeating action and straight-pull repeating action firearms, covering both shotguns and rimfire rifles. The addition of the rimfire rifle to the definition allows the firearm used by biathletes to be included under the articles to be sold to “certified sports shooters” and “certified international sports shooters”.

In addition to this change, there are a number of minor amendments to items in Part 2 of Schedule 6 to the Regulations that ensure the import conditions of assisted repeating action and straight-pull repeating action rimfire rifles and their frames, receivers and accessories are in line with the intent of the changes to include them as a “restricted category C article”.

The Amendment Regulations also remove the explicit exception of firearms, frames and receivers manufactured before 1 January 1900 from the definition of “category H articles”. The effect of this amendment is that antique handguns, manufactured prior to 1 January 1900, can be imported under the “handgun test” with written permission from the Minister and with the Minister being satisfied they are eligible importers.

The application and transitional provisions have the effect that the sports shooter amendments in Part 1 of Schedule 1 apply for any application made at or after commencement or that is yet to be decided, and applies to documents that are given at or after commencement, or before commencement where the goods are imported into Australia at or after commencement. This ensures that any items that are in the process of being imported into Australia prior to commencement of the Amendment Regulations but are yet to have a decision made on their importation, can be imported in accordance with the Regulations as amended.

Similarly, the application and transitional provisions for the “category H article” amendments have the effect that if the article is an antique handgun manufactured before 1 January 1900 and was imported after the commencement of the CAHE Act on 22 January 2026, but before the commencement of the Amendment Regulations, and is at commencement in the possession of an officer of Customs, the Amendment Regulations are taken to have applied at the time of the article’s import. This is to ensure that any articles that may have been imported in good faith and in the previously appropriate process, but have since been held by an officer of Customs by operation of the provision of the CAHE Act, and a decision has not been made on their import, can be appropriately imported if they meet the requirements of the Amended Regulations.

Consultation

The Amendment Regulations were initiated by the Department of Home Affairs. Targeted consultation on the sports shooter amendments was undertaken with Biathlon Australia and the National Rifle Association of Australia. The Shooting Industry Foundation of Australia was engaged on the category H article amendments.

Details and effect

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

The Amendment Regulations commence on 13 July 2026.

Details of the Amendment Regulations are set out in Attachment A.

The instrument is subject to disallowance under section 42 of the Legislation Act 2003. A Statement of Compatibility with Human Rights has been prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, and is set out in Attachment B.

Attachment A

Details of the Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026

Section 1 Name

This section provides that the name of the instrument is the Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026 (the Amendment Regulations).

Section 2 Commencement

This section sets out, in a table, the date on which each of the provisions contained in the Amendment Regulations commence.

Table item 1 provides that the whole of the instrument commences on 13 July 2026.

Section 3 Authority

Section 3 provides that the authority under which the Amendment Regulations are made is the Customs Act 1901.

Subsection 270(1) of the Customs Act provides 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 or as may be necessary or convenient to be prescribed for giving effect to the Act.

Section 4 Schedules

This section provides that each instrument that is specified in a Schedule to this instrument would be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument would have effect according to its terms.

The instrument that is amended is the Customs (Prohibited Imports) Regulations 1956 (the Regulations).

Schedule 1 Amendments

Part 1—Amendments relating to sports shooters

Item 1 Part 2 of Schedule 6 (table item 3, column 3)

Item [1] amends Part 2 of Schedule 6 (table item 3, column 3).

Part 2 of Schedule 6 (table item 3, column 3) is amended to omit “, or assisted repeating action or straight pull repeating action rimfire rifle.”

The amendment in item [1] is a minor drafting amendment made to ensure clarity and the appropriate categorisation of firearms against the sports shooter test and international sports shooter test.

Item 2 Part 2 of Schedule 6 (table item 3, column 3)

Item [2] amends Part 2 of Schedule 6 (table item 3, column 3).

Part 2 of Schedule 6 (table item 3, column 3) is amended to omit “repeating action shotgun” and substitute with “repeating action firearm”.

The amendment in item [2] is a minor drafting amendment made to ensure clarity and the appropriate categorisation of firearms against the sports shooter test and international sports shooter test.

Item 3 Part 2 of Schedule 6 (table item 3A, column 3)

Item [3] amends Part 2 of Schedule 6 (table item 3A, column 3).

Part 2 of Schedule 6 (table item 3A, column 3) is amended to insert “or an assisted repeating action or straight pull repeating action firearm”.

The amendment in item [3] is a minor drafting amendment made to ensure clarity and the appropriate categorisation of firearm frame or receiver against the sports shooter test and international sports shooter test.

Item 4 Part 2 of Schedule 6 (table item 4, column 3)

Item [4] amends Part 2 of Schedule 6 (table item 4, column 3).

Part 2 of Schedule 6 (table item 4, column 3) is amended to insert “or assisted repeating action or straight pull repeating action firearm,”.

The amendment in item [4] is a minor drafting amendment made to ensure clarity and the appropriate categorisation of firearm parts against the sports shooter test and international sports shooter test.

Item 5 Part 2 of Schedule 6 (table item 4, column 3)

Item [5] amends Part 2 of Schedule 6 (table item 4, column 3).

Part 2 of Schedule 6 (table item 4, column 3) is amended to omit the following:

“For a part of, or for, another firearm, the importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(d) the police certification test.

For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.”

The amendment in item [5] is a minor drafting amendment made to ensure consistency with Part 2 of Schedule 6 (table item 3) and the change of applicable tests for assisted repeating action and straight pull repeating action firearm parts.

Item 6 After subitem 1.1 of Part 4 of Schedule 6

Item [6] amends item 1 of Part 4 of Schedule 6.

At the end of subitem 1.1 of Part 4 of Schedule 6, the following is inserted:

1.1A For this Schedule, a person is a certified sports shooter, for a restricted category C article, if the Minister certifies, in writing, that the Minister is satisfied that:

(a) the person is registered with, or a member of, either:

(i) a sporting association or body specified in a legislative instrument made under subitem 1.7; or

(ii) a club affiliated with such an association or body; and

(b) the person is:

(i) an Australian citizen; or

(ii) a lawful non‑citizen under the Migration Act 1958 who holds a permanent visa under that Act; or

(iii) a New Zealand citizen who holds a special category visa under the Migration Act 1958; and

(c) the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory in which the person lives, to possess the article for the purpose of taking part in sporting events of a kind specified in the legislative instrument in relation to the association or body; and

(d) the person intends to use the article solely to take part in events of that kind; and

(e) the person meets any other criteria applicable to the person that are specified in the legislative instrument.

The amendment in item [6] is to update the meaning of “certified sports shooter” to provide a new category that allows the Minister to specify associations and bodies, events and other criteria to define what constitutes a certified sports shooter. The category is limited to Australian citizens, permanent visa holders under the Migration Act 1958, or New Zealand citizens on special category visas, who are licensed or authorised to possess the items for sporting events, based on their place of residence, and who intend to use them only for that purpose. The person is also subject to any other applicable criteria specified by the Minister. This amendment allows the Minister to facilitate the importation of restricted category C articles by certified sports shooters for relevant events.

This amendment provides that should other athletes or disciplines require import of these firearms, the Minister may ensure they can be included under the certified sports shooter definition without delay or the burden of a regulatory change. The Minister is also empowered to specify additional criteria the person must meet to obtain Ministerial certification.

The certification of the Minister’s satisfaction that the criteria are met must be in writing. The Minister’s specification of sporting association or bodies, the sporting event and other criteria for the purposes of the amendment may be outlined in a legislative instrument.

Item 7 At the end of item 1 of Part 4 of Schedule 6

Item [7] amends item 1 of Part 4 of Schedule 6.

At the end of item 1 of Part 4 of Schedule 6, the following is inserted:

1.7 The Minister may, by legislative instrument, specify the following:

(a) a sporting association or body for the purposes of subparagraph 1.1A(a)(i);

(b) sporting events in relation to the association or body for the purposes of paragraph 1.1A(c);

1.8 The criteria (if any) specified for the purposes of paragraph 1.1A(e) may, without limitation, relate to:

(a) the kind of registration or membership that must be held by the person; or

(b) the kinds of activities for which the restricted category C article may, or may not, be used in taking part in the sporting events.

The amendment in item [7] provides the Minister with the power to create a legislative instrument to specify, for the purposes of item [6] the sporting association or body, sporting events and any additional criteria that a person must meet to satisfy the definition of certified sports shooter. The amendment outlines additional criteria that could be specified, such as the kinds of membership or registration a person must hold, and how the articles may be used when participating in the sporting event.

This instrument making power provides the Minister with the ability to determine relevant sporting events to facilitate the import of restricted category C articles and to ensure additional necessary criteria applicable to the person can be prescribed. The power is not intended to broaden access to restricted category C articles generally, but to ensure the framework for importation can accommodate any additional affected athletes or sporting events in the future.

Item 8 After subitem 1A.1 of Part 4 of Schedule 6

Item [8] amends item 1A of Part 4 of Schedule 6.

After subitem 1A.1 of Part 4 of Schedule 6, the following is inserted:

1A.1A For this Schedule, a person is a certified international sports shooter, for a restricted category C article, if the Minister certifies, in writing, that the Minister is satisfied that:

(a) the person intends to use the article in Australia solely to take part in a sporting event of a kind specified in a legislative instrument made under subitem 1A.7; and

(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 a sporting association or body specified in the legislative instrument in relation to events of that kind; and

(i) an Australian citizen; or

(ii) a lawful non‑citizen under the Migration Act 1958 who holds a permanent visa under that Act; and

(d) the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory where the event is to be held, to possess the article for the purpose of taking part in events of that kind; and

(e) the person meets any other criteria applicable to the person that are specified in the legislative instrument.

The amendment in item [8] is to update the meaning of “certified international sports shooter” to provide a new category that allows the Minister to specify sporting events and other criteria applicable to the person to define what constitutes a certified international sports shooter. This amendment allows the Minister to facilitate the importation of restricted category C articles by certified international sports shooters for relevant events in Australia. The category is specifically limited to the importation to take part in a specified sporting event, organised by the Olympic Games, Paralympic Games, Commonwealth Games or associated events or a body or association specified, by a person who is not an Australian citizen or lawful non-citizen holding a permanent visa under the Migration Act 1958, and where the person holds a licence or authorisation to possess the article in accordance with the state or territory where the event is to be held. The person is also subject to any other applicable criteria specified by the Minister. This amendment allows the Minister to facilitate the importation of restricted category C articles by certified international sports shooters for relevant events held in Australia.

This amendment provides that should other athletes or disciplines require import of these firearms, the Minister may ensure they can be included under the certified international sports shooter definition without delay or the burden of a regulatory change. The Minister is also empowered to specify additional criteria the person must meet to obtain Ministerial certification.

The certification of the Minister’s satisfaction that the criteria are met must be in writing. The Minister’s specification of the sporting event, the sporting association or body organising the event, and any other criteria for the purposes of the amendment may be outlined in a legislative instrument.

Item 9 At the end of item 1A of Part 4 of Schedule 6

Item [9] amends item 1A of Part 4 of Schedule 6.

After item 1A of Part 4 of Schedule 6, the following is inserted:

1A.7 The Minister may, by legislative instrument, specify the following:

(a) one or more sporting events for the purposes of paragraph 1A.1A(a);

(b) one or more sporting associations or bodies in relation to sporting events for the purposes of subparagraph 1A.1A(b)(iv);

1A.8 The criteria (if any) specified for the purposes of paragraph 1A.1A(e) may, without limitation, relate to the kinds of activities for which the restricted category C article may, or may not, be used in taking part in the sporting events.

The amendment in item [9] is to provide the Minister with the power to create a legislative instrument to specify, for the purposes of item [8] the sporting events, sporting associations or bodies and any additional criteria that a person must meet to satisfy the definition of certified international sports shooter. The amendment identifies the additional criteria that could be specified includes the kinds of activities the relevant articles may or may not be used for when taking part in the sporting event.

Item 10 After paragraph 3.1(a) of Part 4 of Schedule 6

Item [10] amends subitem 3.1(a) of Part 4 of Schedule 6.

After paragraph 3.1(a) of Part 4 of Schedule 6, the following is inserted:

(aa) a frame or receiver, to which item 3A of Part 2 of this Schedule applies, of (or for) a category C firearm.

The amendment at item [10] is a minor drafting amendment to ensure that the frame or receivers that are applicable to restricted category C articles are included in the definition of restricted category C articles.

Item 11 Subitem 3.2 of Part 4 of Schedule 6

Item [11] amends subitem 3.2 of Part 4 of Schedule 6.

Subitem 3.2 of Part 4 of Schedule 6 is amended to include “kinds of Category C article” at the end of the subitem but before the paragraph.

The amendment at item [11] is a minor drafting amendment to clarify that restricted category C articles are a subset of Category C articles.

Item 12 Paragraph 3.2(a) of Part 4 of Schedule 6

Item [12] amends paragraph 3.2(a) of Part 4 of Schedule 6.

Paragraph 3.2(a) of Part 4 of Schedule 6 is repealed and substituted with the following:

(a) a firearm (a restricted category C firearm) to which item 3 of Part 2 of this Schedule applies of any of the following kinds:

(i) a semi‑automatic shotgun;

(ii) a pump‑action repeating shotgun;

(iii) an assisted repeating action or straight pull repeating action firearm;

(aa) a frame or receiver, to which item 3A of Part 2 of this Schedule applies, of (or for) a restricted category C firearm;

The amendment at item [12] is to reflect the amendments to the definition of restricted category C articles, to include assisted repeating action and straight pull repeating action firearms, as well as frames or receivers for these firearms. The amendment is linked to the amendments made to items 3 and 3A of Part 2 of Schedule 6 and ensures the definition is consistent with the intent of Part 2 of Schedule 6.

Part 2—Amendments relating to category H articles

Item 13 Paragraph 3A.1(a) of Part 4 of Schedule 6

Item [13] amends paragraph 3A.1(a) of Part 4 of Schedule 6.

Paragraph 3A.1(a) of Part 4 of Schedule 6 is amended to remove the qualification “other than a firearm that was manufactured before 1 January 1900”.

The amendment at item [13] is to amend the definition of category H article to include firearms mentioned in item 9 of Part 2 of Schedule 6 that were manufactured before 1 January 1900. This allows antique firearms, specifically antique handguns, to be imported as a category H article.

Item 14 Paragraph 3A.1(b) of Part 4 of Schedule 6

Item [14] amends paragraph 3A.1(b) of Part 4 of Schedule 6.

Paragraph 3A.1(b) of Part 4 of Schedule 6 is amended to remove the qualification “other than a frame or receiver that was manufactured before 1 January 1900”.

The amendment at item [14] is to amend the definition of category H article to include frames and receivers mentioned in item 9B of Part 2 of Schedule 6 that were manufactured before 1 January 1900. This allows antique firearm frames and receivers, specifically antique handgun frames and receivers, to be imported as a category H article.

Part 3—Application and transitional provisions

Item 15 In the appropriate position before Schedule 1

Item [15] inserts new section 24 at the end of the main provisions of the Regulations, and before Schedule 1 to the Regulations.

New section 24 provides for transitional matters for both the sports shooter amendments of Part 1 of Schedule 1 to the Amendment Regulations and the category H articles amendments of Part 2 of Schedule 1 to the Amendment Regulations.

The sports shooter transitional provisions provide that Part 1 of Schedule 1 amendments apply to any application for permission to import that is made at or after commencement of the Amendment Regulations and any application for permission to import that was made before commencement that has not had a final decision made. It also applies to any documentation given at or after the commencement, or documents given before commencement, where the goods are imported into Australia on or after the commencement time.

These transitional matters are intended to ensure consistency with the approach to transitional arrangements made under the CAHE Act. This ensures that any additional firearms that have been imported prior to the commencement of the Amendment Regulations but have not had a decision made on their import, may import these goods according to the Amendment Regulations and utilise documentation provided as part of their importation prior to commencement of the Amendment Regulations.

The category H articles transitional provisions provide that Part 2 of Schedule 1 amendments apply to any handgun manufactured before 1 January 1900 and was imported on or after 21 January 2026 but before the commencement of the Amendment Regulations, that is, at the commencement, in the possession of an officer of Customs.

These transitional provisions are to ensure that those who have attempted, in good faith and within the previous regulatory requirements, to import an antique handgun manufactured before 1 January 1900 on or after the commencement of the CAHE Act on 22 January 2026, but have not yet had a decision made on the import of the goods by an officer of Customs, can import the goods according to the Amendment Regulations.

Attachment B

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The importation of firearms into Australia is primarily governed under the Customs (Prohibited Imports) Regulations 1956 (the Regulations). Schedule 6 to the Regulations classifies all prohibited firearms and related articles into different categories listed as items under Part 2 of Schedule 6. Importation of a firearm, and related articles, of the kind mentioned in Schedule 6 are prohibited under the Regulations unless, amongst other requirements, the importation is in accordance with the requirements set out for that item in the Schedule. The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 (CAHE Act) amended the Regulations to re‑categorise straight pull and assisted repeating action firearms as Category C and D firearms imports under the Regulations. The Regulations set out various import tests in Part 1 of Schedule 6, with Part 2 explaining which tests apply to the importation of differing classes of firearms and related articles.

The re-categorisation of straight pull repeating action firearms under the CAHE Act has introduced challenges for biathletes seeking to import new firearms for biathlon competitions. The sport requires athletes to ski for a distance and shoot a target utilising straight pull rimfire rifles. Current standards under the “sports shooter test” and “international sports shooter test” only enable the importation of restricted Category C for clay target shooting or Category H articles. Following the introduction of the CAHE Act, there is no mechanism to support the importation of new straight pull firearms by biathletes, or for dealers to import them and on-sell domestically, who typically hold lower category firearm licences that are applicable to “lower” or “medium” risk firearms (category A or B licences) under the National Firearms Agreement. Without being able to import straight pull firearms and parts, Australian biathletes cannot import new firearms for international events held domestically, nor can international biathletes bring their straight pull firearms to Australia for competition.

The Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026 (the Amendment Regulations) provide the Minister with a power to determine associations, bodies, events and other criteria for the purposes of importing restricted category C firearms for sports shooting events. The Amendment Regulations also provide that repeating action and straight pull repeating action rimfire rifles are subject to the “sports shooter test” and the “international sports shooter test” and reclassifies these firearms and frames and receivers for these firearms as “restricted category C” articles to allow their importation for those events.

their relevant membership;
citizenship or other legal status in Australia;
a license or authorisation to possess the firearm for the purposes of the relevant event;
that the firearm is intended for use solely to take part in the relevant event; and
that any other Ministerial specified criteria are met.

The new category for of “certified international sports shooter” includes a person if:

the Minister is satisfied the person intends to use the article in Australia purely for the Minister-specified event;
the event is specified by the Minister;
the person is not an Australian or lawful non-citizen with a permanent visa under the Migration Act 1958;
the person holds a license or authorisation to possess the firearm for the purposes of the relevant event; and
any other Ministerial specified criteria are met.

The Amendment Regulations also enable the importation of antique handguns by removing the exclusion of “a firearm that was manufactured before 1 January 1900” from the definition of a category H article. This will allow importation of these antique handguns under the “handgun test” as outlined in item 9 of Part 2 of Schedule 6 to the Regulations.

Human rights implications

This Disallowable Legislative Instrument engages the following human rights under:

the rights to equality and non-discrimination in Articles 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR) and Article 2(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
right to life in Article 6 of the ICCPR, and
right to work in Article 6 of the ICESCR.

Right to equality in Article 2 and Article 26 of the ICCPR

Article 2(1) of the ICCPR states:

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 2(1) of ICCPR requires that Australia ensure the rights recognised in the ICCPR extend to all individuals (citizens, residents and non-citizens) within its territory and subject to its jurisdiction.

Article 26 of the ICCPR provides that:

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 26 requires that all persons are to be treated equally before the law and no law shall discriminate any of the grounds listed in the Article. The United Nations Human Rights Committee (UNHRC) in its General Comment 18 explains that the term ‘discrimination’ as used in the ICCPR should be understood to imply any distinction, exclusion, restriction or preference on grounds such as nationality or other status.

Article 2(2) of the ICESCR provides that:

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

However, in its General Comment 18, the UNHRC stated that:

The Committee observes that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant.

Similarly, in its General Comment on Article 2 of the ICESCR, the Committee on Economic, Social and Cultural Rights has stated that:

Differential treatment based on prohibited grounds will be viewed as discriminatory unless the justification for differentiation is reasonable and objective. This will include an assessment as to whether the aim and effects of the measures or omissions are legitimate, compatible with the nature of the Covenant rights and solely for the purpose of promoting the general welfare in a democratic society. In addition, there must be a clear and reasonable relationship of proportionality between the aim sought to be realized and the measures or omissions and their effects.

The proposed amendments to the definition of a certified sports shooter (Item 1 of Part 4 of Schedule 6) under the Regulations engages the right to equality and non-discrimination due to differential treatment based on citizenship or legal status.

Consistent with the National Firearms Agreement, the possession and use of a firearm is a privilege that is conditional on the overriding need to ensure public safety. The Australian citizenship requirement provides an additional layer of community protection to complement the fit and proper purposes test for firearms licences conducted by firearms licensing authorities. This measure aims to reduce the risk of further gun violence in Australia and ensure the importation of firearms is reasonable, controlled and for approved purposes. The new “certified sports shooter” definition can also be satisfied by lawful non-citizens who hold a permanent visa under the Migration Act 1958 (the Migration Act) or New Zealand citizens who hold a special category visa (SCV) under the Migration Act. For individuals who cannot meet these requirements, they may still be able to import the firearm as an “certified international sports shooter” where they hold the requisite licence or authorisation, and the importation is for participation in specified events.

To the extent that an individual must be an Australian citizen, permanent visa holder or holder of an SCV, in order to meet the sports shooter test for restricted Category C articles limits the right to equality and discrimination on the basis of citizenship or visa status, this limitation is reasonable and proportionate to meeting the legitimate objective of protecting the Australian community.

Right to life in Article 6 of the ICCPR

Article 6(1) of the ICCPR states that:

Every human being has the inherent right to life. The rights shall be protected by law. No one shall be arbitrarily deprived of his life.

The UNHRC in its General Comment 36 states that the right to life includes an obligation on States parties to respect and ensure the right to life, and to give effect to it through legislative and other measures.

General Comment 36 also provides that the State’s duty to protect life includes an obligation for States parties to adopt any appropriate laws or other measures in order to protect life from all reasonably foreseeable threats, including taking steps to reduce the proliferation of potentially lethal firearms to unauthorised individuals.

Amendments to subregulations 1(4) and 1A(4) and table item 3, Part 6 of Schedule 6 to the Regulations may engage the right to life as it provides an additional pathway for the importation of straight pull repeating action firearms for a select and specific group of users. These firearms were restricted under the Regulations as a result of changes made by the CAHE Act as they posed a significant risk to public safety and the community noting they can operate at a higher rate of fire than traditional firearms. However, straight pull rimfire rifles used by biathletes in competition are of a relatively low calibre, are generally a single model of firearm, and are an essential equipment for participation

Consistent with the National Firearms Agreement, public safety is improved by the safe and responsible possession of firearms. The proposed amendments will only allow the importation of these firearms by registered individuals or persons participating in designated biathlon events and who hold the requisite state or territory license or authorisation.

Amendments removing the qualification for category H articles that covered firearms manufactured before 1 January 1900 may also engage the right to the life as it allows the importation of antique handguns previously restricted as a result of changes made by the CAHE Act. These antique firearms however are generally imported by collectors and the nature of their age and design limits the amount of harm that can be caused by the firearm. The National Firearms Agreement permits a collector to acquire and possess a Category H article if it is rendered temporarily inoperable. Their importation still needs to meet the requirements and tests that apply for the importation of all other category H articles.

To the extent the amendments may limit the right to life under Article 6(1) of the ICCPR by introducing additional avenues for the importation of straight pull action firearms, the risk and potential harm to life posed by such devices is limited by the select and specific requirements needed for importation and thus minimising their availability in the Australian community.

Right to work in Article 6 of the ICESCR

The right to work does not equate to a guarantee to particular employment. As the Parliamentary Joint Committee on Human Rights notes in its Guide to Human Rights, the right to work:

… is not to be understood as providing an unconditional right to obtain employment or for the state to provide everyone with employment; rather it is a right to choose an occupation and engage in work. It applies to all types of work, both in the public and private sectors, and to the formal and informal labour market.

The ICESCR has stated that the right to work affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly.

The proposed amendments promote the right to work under Article 6 of the ICSECR by allowing, in specific circumstances, the importation into Australia goods that would otherwise be restricted for the purposes of participation in biathlon activities and events. For individuals that rely on participation in the sport of biathlon as their form of employment, access to these goods are necessary to carry out these activities.

Conclusion

The Disallowable Legislative Instrument promotes the right to work. To the extent that this Disallowable Legislative Instrument limits the right to equality and the right to life, those limitations are reasonable, necessary and proportionate in achieving a legitimate aim.

The Hon Tony Burke MP
Minister for Home Affairs

Administered by Department of Home Affairs

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