EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1990 NO. 460
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR PRIMARY INDUSTRIES AND ENERGY FOR AND ON BEHALF OF THE MINISTER FOR SMALL BUSINESS AND CUSTOMS
Section 50 of the Customs Act 1901 provides in part that:
“1) The Governor-General may, by regulation, prohibit the importation of goods from Australia.
2) The power conferred by the last preceding sub-section may be exercised - (a) by prohibiting the importation of goods absolutely; … or (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; and …”
Background
At the nineteenth meeting of the Australian Police Minister’s Council (the APMC) on 22 November 1990 in Alice Springs, the Council resolved with respect to firearms:
to support the “positive generic statement” on permitted imports; and
that the Chairman write to the Minister for Small Business and Customs seeking incorporation of the “positive generic statement” into Customs Regulations.:
The attached proposed Statutory Rules give effect to the APMC Resolution. The Regulations prohibit absolutely the importation of all firearms including military style weapons and copies of such firearms, other than specified exempt firearms. The exemptions preserve, subject to conditions such as State Police permits and safety tests where appropriate, the importation of:
firearms for official purposes as certified by a police Minister;
flare guns and line throwers;
tranquilliser guns; and
types of firearms used in recreational hunting and shooting.
The proposed regime requires that all firearms the importation of which is not prohibited absolutely be submitted for safety testing, other than ‘official use’ firearms as certified by a State or Territory Police Minister, or firearms temporarily imported for recognized sporting or other shooting events.
The proposed Regulations are explained in greater detail in the attachment hereto.
Attachment
Regulation 1: (Amendment)
is a formal provision which provides that the Customs (Prohibited Imports) Regulations are amended as set out in the proposed Regulations.
Regulation 2: (Interpretation)
subregulation (1) inserts two new definitions into the Regulations, for “exempt firearm” and “firearm”, as follows:
“exempt firearm” is defined to include certain classes or types of firearms, whose importation will not be prohibited subject to compliance with certain specified conditions or restrictions. If the firearms satisfy these conditions or restrictions, they effectively become permitted imports. The exempt firearms are:
paragraph (a)
firearms which have been certified as being for official purposes by the Minister responsible for Police in a State or Territory, or the Commonwealth Minister for Justice and Consumer Affairs
such firearms are not required to be submitted for safety testing (see subregulation 7(2), item 5, paragraph (b))
paragraph (b)
firearms which are handguns (pistols, revolvers, and the like), and in respect of which the importer has been issued, prior to or at the time of importation, with a relevant police force endorsement in an approved form, to the effect that the police force does not object to the importation.
such handguns are required zo be submitted for safety testing, as prescribed in subregulation 7(2).
paragraph (c)
rifles which are self loading centre rifles and which are not rifles fitted with a detachable magazine of more than 5 rounds, break action rifles, bolt action or lever action rifles etc;
shotguns which are self loading or pump action shotguns ‘and which are not fitted with a detachable magazine or more than 5 rounds, and bolt action or break action shotguns;
This exemption allows the importation of certain combinations of rifles and shotguns
All such rifles, shotguns or combinations are required to be submitted for safety testing, as prescribed in subregulation 7(2).
This category of exempt firearms however does not include a rifle, shotgun or combination which is designed or adapted for military purposes, or which has a detachable or folding stock and which is capable of being fired when folded. Firearms which substantially duplicate these weapons are also prohibited.
Regulation 3 and 4 effect minor drafting changes to Regulations 3 and 4, consistent with modern drafting style.
Regulation 5: inserts new items into Schedule I to the Regulations to prohibit absolutely the importation of firearms and their parts, and certain detachable magazines:
subregulation 5(1) renames the First Schedule as ‘Schedule 1’ consistent with current drafting practice.
subregulation 5(2) omits Item 17 which covers goods in respect of which there is a false suggestion of a warranty etc.
subregulation 5(3) inserts two new items in Schedule 1, which are thus prohibited absolutely:
Item 24 - Firearms other than exempt firearms
Item 25 - Parts specifically for firearms other than exempt firearms.
this provision provides the basis of the new control regime, as firearms are prohibited absolutely, other than those the importation of which is expressly permitted.
subregulation 5(4) inserts new Item 27 which prohibits absolutely the importation of detachable magazines of more than 5 rounds capacity for self loading of pump action rifles or shotguns.
Regulation 6: amends Schedule 2 to the Regulation in order to make the new Regulation the sole control regime for the importation of firearms.
subregulation 6(1) amends the heading consistently with current drafting practice.
subregulation 6(2) omits Items 24, 25, 27 and 30 from the Schedule to ensure that there is no duplication of controls over the importation of firearms.
subregulation 6(3) omits Part 2 from Schedule 2. Part 2 prescribed the safety test for firearms, which has been transferred to Schedule 3, by new Regulation 7.
Regulation 7: provides that the importation of exempt firearms as defined (see new subregulation 2(1)) are prohibited unless specified conditions are complied with.
subregulation 7(1) renames the Schedule as “Schedule 3 consistent with current drafting practice.
subregulation 7(2) provides that exempt firearms are prohibited unless the firearms satisfy safety requirements specified in new Part 2 of the Schedule (see subregulation 7(4))
The only exempt firearms which are not required to satisfy the prescribed safety requirements as a condition of their importation are firearms manufactured before 1 January 1990, firearms which have been certified by a relevant Minister as being for official purposes, and firearms temporarily imported by non residents for participation in lawful shooting competitions or hunting pursuits where the appropriate authority to use that firearm has been obtained.
evidence of such use and authority must be produced at or prior to the time of importation before the firearms will be released without safety testing.
the safety tests are the same as those inserted in Schedule 2 by Statutory Rule No. 324 of 1990 which was notified in the Commonwealth of Australia Gazette on 12 October 1990.