CORAL SEA ISLANDS
_________
Importation of Firearms Ordinance 1982
No. 1 of 1982
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Coral Sea Islands Act 1969.
Dated 22 March 1982.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Home Affairs and Environment
________
An Ordinance relating to the importation of firearms
Short title
1. This Ordinance may be cited as the Importation of Firearms Ordinance 1982.1
Interpretation
2. In this Ordinance, unless the contrary intention appears—
“firearm” includes any lethal weapon of any description from which any shot, bullet, or other missile can be discharged, or any part of such weapon, or from which any noxious or irritant liquid, powder, gas, chemical or substance capable of causing any bodily harm can be emitted, and includes an air gun, but does not include a spear gun or a toy gun, or an antique gun which is kept or sold as a curiosity or ornament;
“pistol” means any lethal weapon of a size ordinarily capable of being carried or concealed upon the person from which any shot, bullet or other missile can be discharged, or from which any noxious or irritant liquid, powder, gas, chemical or substance capable of causing any bodily harm can be emitted; and
“semi-automatic firearm” means a semi-automatic firearm, not being a pistol, that incorporates a pistol grip in its design, or that incorporated a pistol grip in its original design when originally manufactured.
Exemption from operation of this Ordinance
3. This Ordinance shall not apply to firearms brought into the Territory—
(a) in the course of duty, by any member of the Defence Force;
(b) as part of the equipment of any aircraft, vessel or other unit of the Defence Force; or
(c) in the course of duty, with the consent of the Minister or a person authorized by the Minister by instrument in writing to give such consent, by any officer appointed to execute the laws of the Territory.
Prohibition against importation
4. (1) No person shall—
(a) import; or
(b) issue a licence for the importation of,
any firearm of machine gun construction or any semi-automatic firearm.
(2) A person who fails to comply with sub-section (1) is guilty of an offence and is punishable on summary conviction by a fine not exceeding $2,000 or by imprisonment for a term not exceeding one year.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 March 1982.
Overview
The Importation of Firearms Ordinance 1982 was enacted to address the need for stringent control over the importation of firearms into the Coral Sea Islands. This legislative instrument was made by the Governor-General under the authority of the Coral Sea Islands Act 1969. It was introduced to ensure the safety and security of the Territory by prohibiting the importation of certain types of firearms, particularly those that could potentially be used in violent activities. The policy objective of this Ordinance is to maintain a secure environment by restricting access to firearms that are considered dangerous, thereby protecting the inhabitants and visitors of the Coral Sea Islands. The Ordinance specifically exempts certain firearms used by the Defence Force and licensed officials from its provisions.
Scope and Application
The Importation of Firearms Ordinance 1982 applies to the importation of firearms into the Coral Sea Islands, governed by the Coral Sea Islands Act 1969. The ordinance specifies that it does not apply to firearms brought into the Territory in the course of duty by members of the Defence Force, as part of the equipment of any Defence Force unit, or by officers executing the laws of the Territory, provided they have the written consent of the Minister or an authorised person. The ordinance prohibits the importation of any firearm of machine gun construction or any semi-automatic firearm, and any person who fails to comply with these provisions is liable to a fine not exceeding $2,000 or imprisonment for up to one year. The ordinance's scope is limited to the Coral Sea Islands and does not extend to other parts of Australia or internationally unless otherwise specified by subordinate instruments or specific agreements.
Key Provisions
The Importation of Firearms Ordinance 1982 (sections 1-4) outlines the specific prohibitions and definitions related to the importation of firearms within the Coral Sea Islands Territory. Under section 2, the Ordinance provides detailed definitions for terms such as “firearm,” “pistol,” and “semi-automatic firearm,” which are crucial for understanding the scope and application of the legislation. Section 3 exempts certain firearms from the Ordinance's operation when brought into the Territory by members of the Defence Force, as part of Defence Force equipment, or with the consent of the Minister or an authorized officer. Section 4 explicitly prohibits the importation and licensing of firearms of machine gun construction or any semi-automatic firearms.
The Ordinance imposes clear obligations on individuals and entities concerning the importation of firearms. According to section 4(1), it is an offence to import or issue a licence for the importation of any firearm of machine gun construction or any semi-automatic firearm. This requirement underscores the stringent measures in place to control the movement of potentially dangerous firearms into the Coral Sea Islands Territory. Furthermore, section 4(2) stipulates that any failure to comply with these prohibitions is subject to penalties, reinforcing the seriousness with which the Ordinance treats violations.
For breaches of the prohibitions outlined in the Ordinance, section 4(2) specifies that an individual found guilty of such an offence is subject to penalties. Specifically, the penalty for a summary conviction includes a fine not exceeding $2,000 or imprisonment for a term not exceeding one year. This clearly sets out the potential civil and criminal consequences for those who contravene the provisions of the Ordinance, ensuring that there are significant deterrents against unlawful importation activities.