EXPLANATORY STATEMENT
Issued by authority of the Minister for Home Affairs
Customs (Prohibited Imports) Regulations 1956
Customs (Prohibited Imports) (Sports Shooters—Biathlon) Instrument 2026
Legislative authority
The Customs Act 1901 (the 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 provides, in part, that the Governor-General may make regulations not inconsistent 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 50 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
Schedule 6 to the Customs (Prohibited Imports) Regulations 1956 (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 for the expressions ‘certified sports shooter’ and ‘certified international sports shooter’, which are relevant to determining eligibility for import permissions under the prescribed tests.
Subitem 1.7 of Part 4 of Schedule 6 to the Regulations confers a power on the Minister to specify, by legislative instrument, the relevant sporting associations, sporting events and any additional criteria (such as membership requirements or permitted uses) that must be satisfied for a person to be certified as a ‘sports shooter’ under subitem 1.1A of Part 4 of Schedule 6 to the Regulations.
Similarly, subitem 1A.7 of Part 4 of Schedule 6 to the Regulations allows the Minister to specify, by legislative instrument, the relevant sporting events, associations and criteria that determine whether a person qualifies as an ‘international sports shooter’ under item 1A.1A.
Purpose
The Customs (Prohibited Imports) (Sports Shooters—Biathlon) Instrument 2026 (the Instrument) is made under subitems 1.7 and 1A.7 of Part 4 of Schedule 6 to the Regulations. It operates to specify Biathlon Australia as the relevant sporting association, and to specify the relevant sporting events and additional criteria, for the purposes of determining whether a person may be certified as a sports shooter or international sports shooter under subitems 1.1A or 1A.1A of Part 4 of Schedule 6, for the purposes of that Schedule.
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 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. Almost all biathletes need to use a certain type of firearm with no viable alternative in a less restrictive category. Following the commencement of the CAHE Act, there was 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 could not import new firearms for domestic competitions, 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 amended the Regulations on 13 July 2026 to include legislative instrument‑making powers 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 allows the Minister to consider and facilitate the importation of firearms for sports shooter events that would otherwise be prohibited or difficult to import under the Regulations.
Impact and effect
The Instrument specifies Biathlon Australia as a recognised sporting body and relevant biathlon events for the purposes of the sports shooter and international sports shooter tests in Schedule 6 to the Regulations. This establishes a statutory framework and pathway for Australian biathletes and licensed dealers to import straight pull rimfire rifles and associated parts for legitimate sporting purposes, following their reclassification under the CAHE Act. The Instrument, along with the Customs (Prohibited Imports) Amendment (Sports Shooters and Other Measures) Regulations 2026, ensures that biathlon athletes can continue to access appropriate equipment for training and competition, including participation in international events hosted in Australia. The measure maintains existing regulatory safeguards by limiting importation to certified participants who meet strict eligibility criteria, while addressing unintended impacts on the sport arising from the re-categorisation of these firearms.
Details and operation
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
This instrument commences on the later of 13 July 2026 and the day after it is registered on the Federal Register of Legislation.
Details of the Instrument are set out in Attachment A.
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) (Sports Shooters—Biathlon) Instrument 2026
Section 1 – Name
This section provides that the title of the instrument is the Customs (Prohibited Imports) (Sports Shooters—Biathlon) Instrument 2026.
Section 2 – Commencement
This section provides that the instrument commences on the later of 13 July 2026 or the day after the instrument is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subitems 1.7 and 1A.7 of Part 4 of Schedule 6 to the Customs (Prohibited Imports) Regulations 1956.
Sections 6 to 8 of this instrument are made under subitem 1.7 of Part 4 of Schedule 6 to the Regulations. That subitem confers a power on the Minister to specify, by legislative instrument, the relevant sporting associations, sporting events, and any additional criteria (such as membership requirements or permitted uses) that must be satisfied for a person to be certified as a ‘sports shooter’ under subitem 1.1A of the Regulations.
Sections 9 to 11 of this instrument are made under subitem 1A.7 of Part 4 of Schedule 6 to the Regulations. That subitem allows the Minister to specify, by legislative instrument, the relevant sporting events, associations and criteria that determine whether a person qualifies as an ‘international sports shooter’ under item 1A.1A.
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.
Section 5 – Definitions
This section defines the following terms for the purposes of the instrument:
Biathlon Australia means Biathlon Australia Ltd (ABN 18 883 464 584).
biathlon event means:
- a biathlon competition conducted or authorised by Biathlon Australia (paragraph (a) of the definition); or
- an activity or event directly related to training, preparing for or participating in, such a competition that is referred to in paragraph (a) of the definition.
Regulations means the Customs (Prohibited Imports) Regulations 1956.
The instrument defines ‘biathlon event’ to set out the scope of activities for which a person may qualify as a certified sports shooter or certified international sports shooter in relation to biathlon firearms. Paragraph (a) of the definition limits relevant events to competitions that are conducted or authorised by Biathlon Australia, ensuring that only legitimate, organised sporting activities are captured. Paragraph (b) extends the definition to include activities that are directly related to preparing for, or participating in, such competitions, such as training or pre-competition practice. This ensures that athletes can access and use appropriate firearms not only during competitions, but also in the necessary lead-up activities integral to participation in the sport, while maintaining a clear and controlled link to recognised biathlon events.
Section 6 – Certified sports shooter—sporting association or body
This section provides that Biathlon Australia is specified as the sporting association or body for the purposes of subparagraph 1.1A(a)(i) of Part 4 of Schedule 6 to the Regulations. This recognises Biathlon Australia as the national peak body for the sport of biathlon in Australia, and enables its members to be considered for certification where other requirements are met. Subitem 1.1A, which deals with certified sports shooters, relevantly covers persons who are Australian citizens, Australian permanent visa holders or New Zealand citizens who hold a special category visa.
Section 7 – Certified sports shooter—specified sporting event
This section provides that biathlon events as well as the Commonwealth Games, the Olympic Games and the Paralympic Games or associated events are specified for paragraph 1.1A(c) of Part 4 of Schedule 6 to the Regulations. This limits eligible events to the specified biathlon events conducted or authorised by Biathlon Australia, as well as key international events that may be conducted in Australia from time to time with Australian certified sports shooters participating alongside international sports shooters. Paragraph 1.1A(c) provides, for the purposes of certifying a person as a “certified sports shooter”, that the Minister is to be satisfied that 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 instrument in relation to the association or body. This ensures that certification is linked to legitimate and organised sporting activity.
Section 8 – Certified sports shooter—additional criteria
This section provides additional criteria that a person must meet, if applicable to the person, for the purposes of paragraph 1.1A(e) of Part 4 of Schedule 6 to the Regulations. These criteria require that a person’s use of the restricted category C article may only be for participating in the event or training or preparation directly connected with the event. The criteria also expressly prohibits the use of the firearms for any other purpose not specified.
Section 8 also specifies that the person must hold a membership of Biathlon Australia that is in effect; that permits participation in a biathlon event; and that is not suspended. These requirements ensure that only active and eligible participants in the sport, with a current and valid Biathlon Australia membership, can access the import arrangements, while maintaining appropriate regulatory safeguards.
Section 9 – Certified international sports shooter—specified sporting event
This section specifies biathlon events, the Commonwealth Games, Olympic Games and Paralympic Games, as well as associated events for the purposes of paragraph 1A.1A(a). This operates to specify eligible events to certain significant international sporting events that may be held in Australia, competitions conducted or authorised by Biathlon Australia, as well as activities directly related to preparing for, or participating in, those competitions. This ensures that certification is confined to legitimate and organised sporting activities.
Section 10 – Certified international sports shooter—sporting association or body
Section 10 specifies Biathlon Australia as the relevant sporting association or body for the purposes of subparagraph 1A.1A(b)(iv), in relation to biathlon events for international sports shooters. This recognises Biathlon Australia as the relevant authority for biathlon in Australia. Of note, paragraph 1A.1A(b) expressly prescribes the Olympic Games, the Paralympic Games and the Commonwealth Games (and associated events) as relevant events for the purposes of determining, and for the Minister to certify, whether a person is a certified international sports shooter. Relevantly, subitem 1A.1A covers persons who are not Australian citizens or permanent visa holders – where such persons may be travelling to Australia on a temporary visa for the purposes of participating in a biathlon event or one of the prescribed international sporting events.
Section 11 – Certified international sports shooter—additional criteria
Section 11 specifies additional criteria that a person must meet, if applicable to the person, for the purposes of paragraph 1A.1A(e) of the Regulations. These criteria require that a person is a participant in a sporting event specified in section 9, and that the person’s use of any restricted category C article is only for participation in that event, or for training or preparation directly connected with the event. The criteria also expressly prohibit the use of the firearm for any purpose not specified. These requirements ensure that access to the import arrangements is strictly limited to legitimate sporting use, while maintaining appropriate regulatory safeguards.
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) (Sports Shooters—Biathlon) Instrument 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.
Part 4 of Schedule 6 to the Regulations contains 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 ‘certified sports shooter’ or ‘certified international sports shooter’ respectively are met.
The Customs (Prohibited Imports) (Sports Shooters—Biathlon) Instrument 2026 (‘the Instrument’) specifies ‘biathlon events’ organised by ‘Biathlon Australia’ for the purposes of the ‘certified sports shooter’ and ‘certified international sports shooter’ requirements under Part 4 of Schedule 6 to the Regulations. This supports biathletes meeting the requirements to be certified as a certified sports shooter or certified international sports shooter where the relevant importation is for the purpose of participating in biathlon events.
Human rights implications
This Instrument may engage the right to work in Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
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 (PJCHR) 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 states 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 Instrument promotes the right to work under Article 6 of the ICESCR by allowing, in specific circumstances, the importation of firearms into Australia that would otherwise be restricted for the purposes of participation in ‘biathlon events’ which are considered as ‘Specified Sporting Events’ under the Instrument. For individuals who rely on participation in ‘biathlon events’ as their form of employment, noting they can receive financial support if they satisfy performance criteria, access to straight pull rimfire rifles is necessary to carry out these activities.
Conclusion
The Disallowable Legislative Instrument is compatible with human rights because it promotes the protection of human rights.
The Hon Tony Burke MP
Minister for Home Affairs