Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 59
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 59
Issued by the Authority of the Minister for Small Business and Consumer Affairs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Customs Act 1901 (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; and
The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person.
Following the Port Arthur tragedy, a special meeting of the Australasian Police Minister's Council (APMC) adopted a number of resolutions aimed at effective national firearm controls. The implementation of these resolutions requires the Commonwealth Government to impose a total prohibition on the importation into Australia of &U selfloading and pump action longarms.
The Prime Minister announced on Friday 10 May 1996 that the Commonwealth Government would introduce a total ban on the importation of automatic and semiautomatic weapons. The importation of fully automatic weapons is presently prohibited under the Regulations. While the importation of semi-automatic weapons is presently subject to some controls under the Regulations, these Regulations tighten these controls in accordance with the APMC resolutions.
Subregulation 2.1 omits sub-subparagraph 2(1)(c)(i)(A) of the Regulations. This amendment, in conjunction with subregulation 2.3 below, gives effect to the APMC resolution to prohibit the importation of all self-loading centre fire rifles.
There is one exemption from this prohibition in respect of these firearms imported for official purposes, which is presently provided for in subregulation 4(2) of the Regulations.
Subregulation 2.2 omits sub-subparagraph 2(1)(c)(i)(H) of the Regulations and substitutes a new sub-subparagraph which provides for a category of exempt firearm, being a rimfire self-loading rifle unless fitted, or capable of being fitted, with a magazine having a capacity of more than 10 rounds. This amendment gives effect to the APMC resolution to limit the importation of this type of rifle to those which have a magazine capacity of 10 rounds or less.
Subregulation 2.3 omits sub-subparagraph 2(1)(c)(ii)(A) of the Regulations and substitutes a new sub-subparagraph which provides for a category of exempt firearm, being a repeating shotgun, whether self-loading or pump-action, unless fitted or capable of being fitted, with a magazine having a capacity of more than 5 rounds. This amendment gives effect to the APMC resolution to limit the importation of this type of shotgun to those which have a magazine capacity of 5 rounds or less.
Subregulation 2.4 omits subparagraph 2(1)(c)(v) of the Regulations and substitutes a new subparagraph which provides for an exception to the categories of exempt firearm. This exception refers to "a self-loading centre rifle or a self-loading centre fire carbine". In combination with subregulation 2.1 above, the amendment gives effect to the APMC resolution to prohibit the importation of all self-loading centre fire rifles.
Regulation 3 amends Schedule 3 of the Regulations to insert a new item 8. The effect of the new item is that the importation of a detachable magazine having a capacity of more than 10 rounds, for rim fire self-loading rifles, is prohibited unless for official purposes. This amendment is complementary to subregulation 2.2 above.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 59 were enacted to address the pressing need for stringent national firearm controls following the Port Arthur tragedy. This amendment to the Customs (Prohibited Imports) Regulations, under the Customs Act 1901, was authorised by the Minister for Small Business and Consumer Affairs and aims to implement the resolutions of the Australasian Police Minister's Council. Specifically, these regulations impose a total prohibition on the importation of certain firearms, including self-loading and pump action longarms, in line with the APMC's decisions. The policy objective is to enhance national security by restricting the importation of potentially dangerous firearms that could contribute to criminal activities. The amendments tighten existing controls on semi-automatic weapons and introduce stricter limitations on the importation of specific types of rifles and shotguns based on magazine capacity, while also providing exemptions for official purposes.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 59 applies to the importation of specific firearms into Australia, extending the prohibitions and restrictions set out in the Customs Act 1901. This legislative amendment responds to the resolutions adopted by the Australasian Police Minister's Council following the Port Arthur tragedy, aiming to enhance national firearm controls by imposing a total ban on the importation of automatic and semi-automatic weapons. The Regulations are applicable to all entities and persons involved in the importation of these firearms, targeting particular types of longarms and regulating their importation based on stringent conditions and restrictions. The geographic reach of these Regulations is national, applying across the Commonwealth of Australia. The Regulations include specific exemptions, such as for firearms imported for official purposes, and delineate certain categories of exempt firearms, such as rimfire self-loading rifles and repeating shotguns, based on magazine capacity limitations. The Regulations came into effect immediately upon gazettal, and their application can be further refined through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 59 introduces significant changes to the importation of certain firearms into Australia, in response to the resolutions of the Australasian Police Minister's Council (APMC) following the Port Arthur tragedy. The main provisions of these regulations are detailed in subregulations 2.1 through 2.4 and Regulation 3. Subregulation 2.1 removes the exemption for self-loading centre fire rifles, thereby prohibiting their importation unless for official purposes as stipulated in subregulation 4(2). Subregulation 2.2 provides an exemption for rimfire self-loading rifles that are not fitted, or capable of being fitted, with a magazine holding more than 10 rounds. Subregulation 2.3 allows for the importation of repeating shotguns, whether self-loading or pump-action, that do not have, or are not capable of being fitted with, a magazine holding more than 5 rounds. Lastly, subregulation 2.4 clarifies that self-loading centre fire rifles or carbines are not exempt from the prohibitions set out in the Regulations. Regulation 3 further prohibits the importation of detachable magazines with a capacity exceeding 10 rounds for rimfire self-loading rifles unless for official purposes.
The obligations imposed by these regulations are primarily on importers and those seeking to import firearms into Australia. Importers must ensure that any firearms or magazines they seek to import comply with the new prohibitions and exemptions outlined in the Regulations. This involves verifying that the firearm does not fall within the prohibited categories and that any magazines comply with the specified capacities. Importers must also provide any necessary documentation or approvals as required by the Regulations to demonstrate compliance with the import restrictions. Failure to comply with these obligations may result in the refusal of entry of the goods into Australia.
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 59 also includes provisions for penalties and consequences for non-compliance. The Act itself, under Section 181, provides for penalties for breaches of the Customs Act, including fines and imprisonment. Specifically, Section 181(1) states that a person who contravenes a provision of the Act, or any regulation made under the Act, is liable to a penalty of up to $22,200 for a corporation and $4,440 for an individual, or imprisonment for up to two years, or both. Furthermore, Section 181(2) provides that any goods that are the subject of a contravention may be forfeited to the Commonwealth and may be destroyed or dealt with as directed by the Minister. These stringent penalties underscore the seriousness with which the Commonwealth treats breaches of the importation regulations.