Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 4F

Importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

             (1)   Subject to subregulations (2), (2A) and (2B), the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is prohibited unless:

                     (a)  the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or an imitation is an article to which an item in Part 2 of Schedule 6 applies; and

                     (b)  the importation is in accordance with the requirements set out in column 3 of the item.

          (1A)  Without limiting paragraph (1)(b), if column 3 of an item in Part 2 of Schedule 6 sets out a requirement for the importation of an article to comply with a specified test, or at least one of a list of specified tests, that requirement may be met by compliance with one of the following tests (whether or not any test specified in column 3 of that item is also complied with):

                     (a)  the public interest test set out in item 8A of Part 1 of that Schedule;

                     (b)  the national interest test set out in item 8B of Part 1 of that Schedule.

             (2)   Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria set out in regulation 3A.

          (2A)  Also, subregulation (1) does not apply to the importation of:

                     (a)  a handgun that:

                              (i)  is mentioned in column 2 in item 9 of Part 2 of Schedule 6; and

                             (ii)  meets the criteria set out in regulation 3B; or

                     (b)  a handgun part:

                              (i)  to which item 10 of Part 2 of Schedule 6 applies; and

                             (ii)  that meets the criteria set out in regulation 3B; or

                     (c)  ammunition that:

                              (i)  is mentioned in column 2 in item 20 of Part 2 of Schedule 6; and

                             (ii)  meets the criteria set out in regulation 3B.

          (2B)  Also, subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria mentioned in regulation 3C, 3D or 3E.

             (3)   The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is subject to the conditions (if any), set out in Part 3 (other than item 1) of Schedule 6, that relate to the importation.

          (3A)  The Attorney-General must, before 31 December 2016, complete a review of items 2B, 4, 7, 9B, 10, 13, 15, 16, 16A and 17 of Part 2 of Schedule 6.

             (4)   In this regulation:

"adjustable stock" means a stock that may be adjusted by more than 120 mm.

"component of ammunition " means a projectile, cartridge casing or primer designed or adapted for use in ammunition.

"deactivated firearm" means an article that:

                     (a)  was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

                     (b)  has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

                     (c)  cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

                     (d)  still has the appearance of a firearm, and could reasonably be taken to be a firearm.

Note:          A firearm can be deactivated to the extent that it is incapable of being returned to its original firing condition, while keeping the appearance of a firearm.

                   For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:

(a)    by fusion welding , which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or

(b)    by sectioning , which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or

(c)    another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.

"detachable stock" means a stock that:

                     (a)  is easily removable from a firearm without the use of a tool; and

                     (b)  does not make the firearm dangerous to operate or unreasonable to fire when removed.

"electro-shock cartridge" means ammunition, discharged from a firearm, that is designed or adapted to deliver an electric shock or charge on impact.

"firearm" :

                     (a)  means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and

                     (b)  includes the following devices:

                              (i)  a deactivated firearm;

                             (ii)  a blank-fire firearm;

                            (iii)  any flare gun or signalling device, except a flare gun or signalling device mentioned in subparagraph (c)(iii); and

                     (c)  does not include the following devices:

                              (i)  a nailing or stapling gun;

                             (ii)  an explosive-powered fixing tool;

                            (iii)  a flare gun or other signalling device, designed for emergency or life-saving purposes;

                            (iv)  a line-thrower;

                             (v)  a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;

                            (vi)  a tranquilliser gun;

                           (vii)  a gun that operates a captive bolt for the slaughter of animals;

                          (viii)  a device for the casting of weighted nets;

                            (ix)  large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 1 of Part 2 of Schedule 13 applies;

                             (x)  a sidewall core gun designed for geological purposes, mining purposes, or both;

                            (xi)  an expandable casing perforation gun designed for geological purposes, mining purposes, or both.

"firearm accessory" means any of the following devices, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

                     (a)  a silencer, sound moderator, sound suppressor or any other device designed to, or capable of, reducing the noise of discharge of the firearm;

                     (b)  a device designed to modify, or capable of converting, a firearm to give it any of the following capabilities:

                              (i)  burst fire;

                             (ii)  semi-automatic operation;

                            (iii)  fully automatic operation;

                      (f)  a firearm part to which a firearm accessory is attached or is integral.

"firearm magazine " means a magazine designed or intended for use with a firearm, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished.

"firearm part" , for a firearm, means any of the following items, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

                     (a)  a gas piston, friction ring, action bar, breech bolt or breech block;

                     (b)  a firearm barrel;

                     (c)  a trigger mechanism;

                     (d)  a frame or receiver;

                     (e)  a slide;

                      (f)  an upper receiver;

                     (g)  a lower receiver;

                     (h)  a revolving cylinder;

                      (i)  a bolt carrier;

                      (j)  an adjustable, detachable or folding stock;

                     (k)  something, other than a complete firearm, that includes one or more of the items mentioned in paragraphs (a) to (j).

Note:          The effect of the definition is that some items used in a firearm are not treated as 'firearm parts' by themselves, including the following items:

(a)    a firearm accessory, a firearm magazine or ammunition;

(b)    a screw, spring, or other minor component, of a firearm.

"folding stock" means a stock that is designed to be, or capable of being, folded in any way to reduce the length of a firearm.

"handgun" means a firearm that must be:

                     (a)  reasonably capable of being raised and fired with one hand; and

                     (b)  reasonably capable of being carried or concealed on the body of a person; and

                     (c)  not more than 650 mm long.

"imitation" means an article, of any material or colour:

                     (a)  that:

                              (i)  is a copy or reproduction of a firearm; or

                             (ii)  has the appearance of a firearm; and

                     (b)  that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

                     (c)  that could reasonably be taken to be a firearm; and

                     (d)  that is not a blank-fire firearm.



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