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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - SCHEDULE 6

Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines, ammunition, components of ammunition and imitations

(regulation 4F)

Part 1 -- Tests

                   A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:

1.  Official purposes test

            1.1  The importation of an article complies with the official purposes test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            1.2  The Minister may give written permission for the importation of the article only if the Minister is satisfied that:

                     (a)  the article is to be imported for the purposes of:

                              (i)  the government of the Commonwealth, a State or a Territory; or

                             (ii)  export under a contract to a government of a foreign country, in compliance with the Act (including any regulations or other instruments made under the Act); and

                     (b)  the ownership arrangements for the article are, or will be, in accordance with subitem 1.4; and

                     (c)  the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the article is to be used.

            1.3  For paragraph 1.2(a), examples of an article the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:

                     (a)  an article to be supplied to the government under a contract in force when the article is to be imported; and

                     (b)  an article to be shown to the government to demonstrate its uses; and

                     (c)  an article that the government proposes to inspect, test or evaluate; and

                     (d)  an article that the government proposes to use for training; and

                     (e)  an article that has been given or donated to the government; and

                      (f)  an article that is to be consumed or destroyed in the course of testing related to a contract with the government of the Commonwealth, a State or a Territory.

            1.4  For paragraph 1.2(b), the ownership arrangements for an article are set out in the following table:

Table

Item

Article

Ownership arrangements

1

An article that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract

Both of the following:

(a) either:

(i) the government must own the article at the time of importation; or

(ii) the government must intend to acquire ownership of the article within a period that the Minister considers appropriate (to be specified in the permission);

(b) the government must retain ownership of the article until:

(i) the article is disposed of to another such government, or to the government of a foreign country; or

(ii) the article is destroyed.

2

An article that:

(a) is to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses; or

(b) the government of the Commonwealth, a State or a Territory proposes to inspect, test, evaluate or use for training; or

(c) is to be consumed or destroyed in the course of testing related to a contract with the government; or

(d) is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory.

The article may be owned by any person

Note:       See item 3 of Part 3.

3

An article that has been given or donated to the government of the Commonwealth, a State or a Territory

All of the following:

(a) the article must have been given or donated to the government before importation;

(b) the government must own the article at the time of importation;

(c) the government must retain ownership of the article until:

(i) the article is disposed of to another such government, or to the government of a foreign country; or

(ii) the article is destroyed.

4

Any other article imported for the purposes of the government of the Commonwealth, a State or a Territory

The government must:

(a) own the article at the time of importation; and

(b) retain ownership of the article until:

(i) the article is disposed of to another such government, or to the government of a foreign country; or

(ii) the article is destroyed.

5

An article that is to be exported under a contract to the government of a foreign country

The government of the foreign country must:

(a) either:

(i) own the article at the time of importation; or

(ii) intend to acquire ownership of the article within a period that the Minister considers appropriate (to be specified in the permission); and

(b) retain ownership of the article until:

(i) the article is disposed of to the government of another foreign country, or to the government of the Commonwealth, a State or a Territory; or

(ii) the article is destroyed.

Note:          See item 3 of Part 3.

2.  Specified purposes test

            2.1  The importation of an article complies with the specified purposes test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            2.2  The Minister may give written permission for the importation of the article only if the Minister is satisfied that:

                     (a)  the article:

                              (i)  is of a type not available in Australia; and

                             (ii)  is to be used in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use; and

                            (iii)  is not to be used in an advertisement, a music video or another type of film promoting music or a product; or

                     (b)  the article is of a type not available in Australia, and is to be used in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use; or

                     (c)  the article is ammunition, or a component of ammunition, to be imported in the following circumstances:

                              (i)  the ammunition, or the component of ammunition, is to be imported as part of a contract to which a person in Australia is a party;

                             (ii)  the person made the contract with the intention of supplying the ammunition, or the component of ammunition, to a person outside Australia, in a manner that will not contravene Australia's international obligations;

                            (iii)  the contract will be in force when the ammunition, or the component of ammunition, is to be imported;

                            (iv)  if the exportation of the ammunition, or the component of ammunition, after its importation would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; or

                     (d)  the article is to be imported in the following circumstances:

                              (i)  the article is to be imported for repairs, modification or testing, or for use in training, manufacture, assembly, research or development, in a State or Territory;

                             (ii)  the article is to be imported under a contract in force with:

                                        (A)  the government of the Commonwealth, a State or a Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  the United Nations;

                            (iii)  the importer holds a licence or authorisation to possess the article for a purpose mentioned in subparagraph (i) in accordance with the law of the State or Territory where the article is to be repaired, modified or tested, or used in training, manufacture, assembly, research or development;

                            (iv)  if the exportation of the article after such repair, modification, testing or use has been carried out would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; or

                      (f)  the article is to be imported in the following circumstances:

                              (i)  the article is to be imported for use in a sanctioned activity;

                             (ii)  the article is owned by the defence force or a law enforcement agency of a foreign country;

                            (iii)  the article is to be imported by the defence force or law enforcement agency that owns the article, or a member of that defence force or law enforcement agency to whom the article has been issued;

                            (iv)  the defence force or law enforcement agency has been invited to participate in the sanctioned activity;

                             (v)  if the exportation of the article after the close of the sanctioned activity would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; or

                     (g)  the article is to be imported in the following circumstances:

                              (i)  the importer's principal or sole occupation is the business of researching or developing firearms technology or other defence and law enforcement related products;

                             (ii)  the importer has a proven history of developing or producing firearms technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;

                            (iii)  the importer holds a licence or authorisation to possess the article for research or development purposes in accordance with the law of the State or Territory in which the article is to be used in research or development;

                            (iv)  the article:

                                        (A)  is being imported for the completion of a specific project or tender; and

                                        (B)  will be allowed to remain in the country for a specified period of time, commensurate with that project or tender; and

                                        (C)  will be sold to the government of the Commonwealth, a State or a Territory, exported or destroyed once that period of time has expired;

                             (v)  if the exportation of the article after its use in such research or development would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted;

                            (vi)  the Minister is satisfied that the article will be secured appropriately in Australia; or

                      (i)  for a category C or category D article--the article is to be imported in the following circumstances:

                              (i)  the article is imported for the testing of ammunition manufactured in a State or Territory;

                             (ii)  the importer holds a licence or authorisation to possess the article for manufacturing and testing ammunition in accordance with the law of the State or Territory in which the article is to be used in manufacturing ammunition;

                            (iii)  the importer is a manufacturer of small arms or ammunition;

                            (iv)  the article is being imported for use in the completion of a specific project or tender;

                             (v)  the article will be secured appropriately in Australia;

                            (vi)  the article will be destroyed or exported once it is no longer serviceable or required by the importer.

Note:          For the definitions of category C article , category D article , defence-sanctioned activity and law enforcement-sanctioned activity , see Part 4 of Schedule 6.

Examples of a film for paragraph 2.2(a):

•        a cinematographic film

•        a film or documentary made specifically for television

•        a television program or series.

3.  Specified person test

            3.1  The importation of an article complies with the specified person test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            3.2  The Minister may give written permission for the importation of the article only if the Minister is satisfied that:

                     (a)  the importer of the article is a person whose occupation is partly or wholly the business of controlling vertebrate pest animals; and

                     (b)  the importer holds a licence or authorisation, in accordance with the law of the State or Territory in which the importer will carry out that occupation, to possess the article for the purpose of carrying out that occupation.

4.  Police certification test

            4.1  The importation of an article complies with the police certification test if:

                     (a)  before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the article, or that a licence or authorisation to possess the article is not required under the law of the relevant State or Territory; and

                     (b)  for a category C article--the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer is a primary producer; and

                     (c)  for a category H article (except a category H article to which subitem 4.2 applies)--the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer:

                              (i)  is a certified sports shooter for the article; or

                             (ii)  is a certified international sports shooter for the article; or

                            (iii)  is certified for business or occupational purposes for the article; or

                            (iv)  is a certified collector for the article; and

                    (ca)  the importer produces details of the article to a Collector, including:

                              (i)  the make, model and serial number; and

                             (ii)  if more than one article of the same kind is to be imported at the same time--the number of such articles; and

                     (d)  the importer produces to a Collector:

                              (i)  the statement in the approved form; and

                             (ii)  if the article is a category C or category H article--the relevant certificate in the approved form.

Note:          The importer can produce the statement, or statement and certificate, personally or by an agent, eg a firearm dealer.

            4.2  This subitem applies to a category H article if the importer of the article is the government of the Commonwealth, a State or a Territory.

5.  Sports shooter test

            5.1  The importation of a restricted category C article complies with the sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            5.2  The Minister may give written permission for the importation of the article only if the importer is a certified sports shooter for the article.

Note:          For the definitions of certified sports shooter and restricted category C article , see Part 4 of Schedule 6.

5A.  International sports shooter test

         5A.1  The importation of a restricted category C article complies with the international sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

         5A.2  The Minister may give written permission for the importation of the article only if the importer is a certified international sports shooter for the article.

Note:          For the definitions of certified international sports shooter , and restricted category C article , see Part 4 of Schedule 6.

6.  Dealer test--Category C and D articles

            6.1  The importation of a Category C or Category D article complies with the dealer test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            6.2  The Minister may give written permission for the importation of the article only if the Minister is satisfied that the importer is a licensed firearm dealer for the article.

Note:          For the definitions of Category C article , Category D article and licensed firearm dealer , see Part 4.

7.  Dealer test--category H article

            7.1  The importation of a category H article complies with the dealer test if:

                     (a)  the importer carries on the business of a firearm dealer; and

                     (b)  before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that:

                              (i)  the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business, to possess category H articles for the purpose of the importer's business; and

                             (ii)  the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and

                     (c)  the importer produces details of the article to a Collector, including:

                              (i)  the make, model and serial number; and

                             (ii)  if more than one article of the same kind is to be imported at the same time--the number of such articles; and

                     (d)  the importer produces to a Collector the statement in the approved form.

Note 1:       The importer may give the statement to a Collector personally or by an agent, for example, an employee of the importer.

Note 2:       For the definitions of category H article , and relevant police representative , see Part 4 of Schedule 6.

8.  Returned goods test

            8.1  The importation of an article complies with the returned goods test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

            8.2  The Minister may give written permission for the importation of the article only if the Minister is satisfied:

                     (a)  that:

                              (i)  the article has previously been exported, and is not currently in Australia; and

                            (ia)  if the most recent exportation of the article would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --that exportation was in accordance with a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 ; and

                             (ii)  the last importation (if any) of the article before the export:

                                        (A)  was a lawful importation; and

                                        (B)  was not subject to a condition that the article was to be exported after importation; and

                            (iii)  the article has not been modified since its most recent exportation; and

                            (iv)  the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the importer lives; or

                     (b)  that:

                              (i)  the article is currently in Australia; and

                             (ii)  if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission is in force, and the article has not been modified since the permission was granted; and

                            (iii)  the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the importer lives.

            8.3  In this item:

"modified" does not include repaired.

8A.  Public interest test

         8A.1  The public interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.

Note:          See subregulation 4F(1A).

         8A.2  The importation of an article complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

         8A.3  The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:

                     (a)  it is in the public interest to allow the article to be imported;

                     (b)  if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives--the importer holds a licence or authorisation of that kind;

                     (c)  the article will be secured appropriately in Australia.

8B.  National interest test

          8B.1  The national interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.

Note:          See subregulation 4F(1A).

          8B.2  The importation of an article complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

          8B.3  The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:

                     (a)  it is in the national interest to allow the article to be imported;

                     (b)  if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives--the importer holds a licence or authorisation of that kind;

                     (c)  the article will be secured appropriately in Australia.

9.  Application for Minister's permission to import article

            9.1  This item applies if the written permission of the Minister for the importation of an article is required under this Part.

            9.2  A person may apply to the Minister for the permission.

            9.3  The application must be made on the form approved by the Secretary to the Department.

Part 2 -- Requirements for specific firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

Note:       The public interest test under item 8A of Part 1 and the national interest test under item 8B of Part 1 apply in relation to the importation of all the articles to which this Part applies (see subregulation 4F(1A)).

 

Column 1

Item

 Column 2

Firearm, firearm accessory, firearm part, firearm magazine, ammunition, component of ammunition or imitation

Column 3

Requirements

1

Any of the following firearms:

(a) an air rifle;

(b) a soft air rifle;

(c) a rimfire rifle, other than a semi-automatic rimfire rifle;

(d) a shotgun, other than a semi-automatic or repeating shotgun;

other than a firearm:

(e) that has a fully automatic firing capability; or

(f) that is substantially the same in appearance as a fully automatic firearm; or

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

For a firearm, other than a soft air rifle:

(a) the importation must comply with at least 1 of the following tests:

(i) the official purposes test;

(ii) the specified purposes test;

(iii) the specified person test;

(iv) the police certification test; and

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

 

 

For a soft air rifle:

(a) the importation must comply with the police certification test; and

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

1A

An imitation of a firearm.

The importation must comply with the police certification test.

Note:      See column 3 of item 14 for the requirements for importation of a firearm accessory that is attached to or integral to an imitation of a firearm.

2

Any of the following firearms:

(a) a muzzle-loading firearm, other than a muzzle loading handgun;

(b) a single shot centre fire rifle;

(c) a double barrel centre fire rifle;

(d) a repeating action centre fire rifle;

(e) a break action shotgun/rifle combination;

(f) a repeating bolt action shotgun;

(g) a lever action shotgun:

(i) without a firearm magazine; or

(ii) fitted with a firearm magazine having a capacity of no more than 5 rounds;

other than a firearm:

(h) that has a fully automatic firing capability; or

(i) that is substantially the same in appearance as a fully automatic firearm; or

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

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the police certification test.

If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.

If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item.

2B

Firearm part of, or for, a firearm to which item 1 or 2 applies, other than a firearm part that is capable of converting, either on its own or in conjunction with other parts, a firearm to a semi-automatic or fully automatic firearm.

The importation must comply with the police certification test.

3

Any of the following firearms, other than a firearm:

(a) that has a fully automatic firing capability; or

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

Semi-automatic rimfire rifle:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 10 rounds.

Semi-automatic shotgun:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 5 rounds.

Pump action repeating shotgun:

(a) without a firearm magazine; or

(b) fitted with a firearm magazine of a capacity no greater than 5 rounds.

For a semi-automatic rimfire rifle:

(a) the importation must comply with at least 1 of the following tests:

(i) the official purposes test;

(ii) the specified purposes test;

(iii) the specified person test;

(iv) the police certification test;

(v) the dealer test;

(vi) the returned goods test; and

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

For a semi-automatic shotgun or pump action repeating shotgun:

(a) the importation must comply with at least 1 of the following tests:

(i) the official purposes test;

 

 

(ii) the specified purposes test;

(iii) the specified person test;

(iv) the police certification test;

(v) the sports shooter test;

(vi) the international sports shooter test;

(vii) the dealer test;

(viii) the returned goods test; and

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

4

Firearm part of, or for, a firearm to which item 3 applies, other than a firearm part that is:

(a) a firearm part of, or for, a firearm to which item 1, 2 or 9 applies; or

(b) capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm.

For a part of, or for, a semi-automatic rimfire rifle, the importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the police certification test;

(e) the dealer test;

(f) the returned goods test.

For a part of, or for, a semi-automatic shotgun or pump action repeating shotgun mentioned in item 3, the importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the police certification test;

(e) the sports shooter test;

(f) the international sports shooter test;

(g) the dealer test;

(h) the returned goods test.

For a part of, or for, another firearm, the importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

 

 

(c) the specified person test;

(d) the police certification test.

6

Any of the following firearms:

(a) a semi-automatic centre fire rifle;

(b) a semi-automatic rimfire rifle fitted with a firearm magazine of a capacity greater than 10 rounds;

(c) a semi-automatic shotgun fitted with a firearm magazine of a capacity greater than 5 rounds;

(d) a pump-action repeating shotgun fitted with a firearm magazine of a capacity greater than 5 rounds;

other than a firearm:

(e) that has a fully automatic firing capability; or

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

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the returned goods test;

(e) the dealer test.

If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.

If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item.

7

Firearm part of, or for, a firearm to which item 6 applies, other than a firearm part that is:

(a) a firearm part of, or for, a firearm to which item 1, 2, 3 or 9 applies; or

(b) capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm.

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the returned goods test;

(e) the dealer test.

9

Any of the following firearms (including complete, but disassembled or unassembled, firearms):

(a) a handgun;

(b) a muzzle loading handgun;

(c) a soft air handgun;

other than a firearm:

(d) that has a fully automatic firing capability; or

(e) that is substantially the same in appearance as a fully automatic firearm; or

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

For a handgun or a muzzle-loading handgun:

(a) the importation must comply with at least 1 of the following tests:

(i) the official purposes test;

(ii) the specified purposes test;

(iii) the specified person test;

(iv) the police certification test;

(v) the dealer test;

(vi) the returned goods test; and

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

For a soft air handgun:

(a) the importation must comply with at least 1 of the following tests:

(i) the police certification test;

(ii) the dealer test; and

 

 

(b) if the firearm was manufactured on or after 1 January 1900--the firearm must bear a unique serial number; and

(c) if item 1 of Part 3 of this Schedule applies to the firearm--the firearm must comply with the safety requirements set out in the item.

9B

A frame or receiver of, or for, a firearm to which item 9 applies

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the police certification test;

(e) the dealer test;

(f) the returned goods test.

10

Firearm part of, or for, a firearm to which item 9 applies, other than:

(a) a frame or receiver; or

(b) a firearm part of, or for, a firearm to which item 1 or 2 applies; or

(c) a firearm part that is capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm; or

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

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the police certification test;

(e) the returned goods test.

11

Firearm accessory for a firearm to which item 9 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

12

Firearm, other than:

(a) a firearm to which item 1, 2, 3, 6, 9 or 14A applies; or

(b) a lever action shotgun fitted with a firearm magazine having a capacity of more than 5 rounds.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.

13

Firearm part of, or for, a firearm to which item 12 applies, other than a firearm part to which item 2B, 4, 7 or 10 applies .

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

14

Firearm accessory.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

14A

Paintball marker designed exclusively to fire paintballs other than a paintball marker:

(a) that is substantially the same in appearance as a fully automatic firearm; or

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

Firearm part of, or for, a paintball marker mentioned in this item.

The importation must comply with the police certification test.

If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number.

If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item.

15

Detachable firearm magazine, having a capacity of more than 5 rounds, for:

(a) semi-automatic shotguns; or

(b) pump-action shotguns; or

(c)  fully automatic shotguns;

whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified person test;

(c) the specified purposes test;

(d) the returned goods test;

(e) the dealer test.

16

Detachable firearm magazine, having a capacity of more than 10 rounds, for:

(a) semi-automatic rimfire rifles; or

(b) semi-automatic, pump-action or lever action centre-fire rifles; or

(c) fully automatic firearms, other than fully-automatic shotguns;

whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the returned goods test;

(e) the dealer test.

16A

Detachable firearm magazine, having a capacity of more than 15 rounds, for repeating action centre-fire rifles other than a pump-action or lever action centre-fire rifle, whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the returned goods test.

17

Firearm magazine, other than:

(a) a firearm magazine to which item 15, 16 or 16A applies; or

(b) a firearm magazine, having a capacity of more than 5 rounds, for lever action shotguns;

whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the police certification test;

(c) the specified purposes test;

(d) the returned goods test.

18

Device that increases the capacity of an integral firearm magazine, a tubular firearm magazine or a detachable box magazine, whether or not attached to a firearm.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

19

Ammunition of the following kinds for a firearm to which item 1, 2, 3, 6, 9 or 12 applies:

(a) ammunition that has, as part of the components (either assembled or separate), a projectile known as any of the following kinds:

(i) tracer;

(ii) frangible;

(iii) explosive;

(iv) incendiary;

(vi) armour piercing;

(vii) penetrator;

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

 

(viii) saboted light armour piercing (SLAP);

(ix) flechette (being a combined collection of arrows or spears);

(b) handgun ammunition that is designed, advertised or capable of defeating:

(i) soft body armour; or

(ii) opaque or glazed bullet resistant material; and

(c) an electro-shock cartridge.

 

20

Ammunition for any firearm to which item 1, 2, 3, 6, 9, 12 or 14A applies, other than ammunition to which item 19 applies.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the police certification test.

21

A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, if the component is one of the following kinds of projectile:

(a) tracer;

(b) frangible;

(c) explosive:

(d) incendiary;

(e) armour piercing;

(f) penetrator;

(g) saboted light armour piercing (SLAP);

(h) flechette (a combined collection of arrows or spears).

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

22

A component of ammunition for a firearm to which item 9 applies, if the component is designed, advertised or capable of defeating:

(a) soft body armour; or

(b) opaque or glazed bullet resistant material.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test.

23

A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, other than a component to which items 21 and 22 apply.

The importation must comply with at least 1 of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the police certification test.

24

Underwater powerhead

The importation must comply with any of the following tests:

(a) the police certification test;

(b) the official purposes test;

(c) the specified purposes test;

(d) the returned goods test.

Part 3 -- Conditions relating to the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations

1A.  Firearm identification

             (1)  This item applies in relation to a firearm if an item in Part 2 of this Schedule requires that the firearm must bear a unique serial number.

             (2)  A firearm is taken to comply with the requirement if:

                     (a)  the firearm is visually inspected by a Collector, and found to have a unique serial number; or

                     (b)  each of the following applies:

                              (i)  the firearm is included in a consignment of firearms;

                             (ii)  a sample of the items in the consignment is selected for visual inspection in accordance with procedures approved by the Minister;

                            (iii)  the result of the visual inspection is that each firearm in the sample is found to have a unique serial number.

1.  Safety requirements for firearms

            1.1  The safety requirements do not apply to a firearm if the importation of the firearm complies with:

                     (a)  the official purposes test; or

                     (b)  the specified purposes test.

            1.2  The safety requirements do not apply:

                     (a)  to a firearm that:

                              (i)  was manufactured before 1 January 1900; or

                             (ii)  is designed or adapted for competition target shooting; or

                     (b)  to an imitation; or

                     (c)  to a deactivated firearm; or

                     (d)  to a blank-fire firearm; or

                     (e)  to an underwater powerhead.

            1.3  The safety requirements do not apply to a firearm that had previously been exported from Australia if the importer of the firearm produces to a Collector, at the time of importation:

                     (a)  if the exportation of the firearm would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 --such a permission; or

                     (b)  in any other case--written evidence that the firearm had previously been lawfully exported from Australia by the importer.

            1.4  The safety requirements do not apply to a firearm if:

                     (a)  the importer is:

                              (i)  entitled, under a visa issued under the Migration Act 1958 , to enter, or remain in, Australia for a period of not more than 1 year; or

                             (ii)  entitled, under a New Zealand passport to enter, or remain in, Australia; and

                     (b)  the importer produces to a Collector, at or before the time of importation:

                              (i)  documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and

                             (ii)  the licence or authorisation, in accordance with the law of each State or Territory where any competition or hunting activity referred to in the documentary evidence is to be conducted, to possess the firearm for the purposes of the competition or hunting activity; and

                     (c)  if the importer is referred to in subparagraph (a)(i)--the firearm is to be exported not later than the expiry of the relevant visa; and

                     (d)  if the importer is referred to in subparagraph (a)(ii)--the firearm is to be exported not later than 1 year after the date of its importation.

            1.5  A firearm, other than a firearm to which the safety requirements do not apply because of subitem 1.1, 1.2, 1.3 or 1.4, must comply with the requirements of subitem 1.5B, tested in accordance with arrangements approved, in writing, by the Minister.

          1.5B  A firearm is taken to comply with the safety requirements if the Collector, at the time of importation:

                     (a)  confirms that the firearm has been fitted with an effective safety switch or device (unless it is a hammer firearm fitted with a half cock mechanism or safety bent); and

                     (b)  confirms that the firearm has been fitted with an effective trigger guard; and

                     (c)  determines that further testing, as described in subitems 1.6 to item 1.11 (inclusive), is not required.

          1.5C  If the Collector determines that further testing of a firearm is required, the firearm is taken to comply with the requirements of subitems 1.6 to 1.11 (inclusive) if:

                     (a)  the firearm is tested in accordance with procedures approved by the Minister, and is found to comply with the requirements; or

                     (b)  each of the following applies:

                              (i)  the firearm is included in a consignment of firearms;

                             (ii)  a sample of the items in the consignment is selected for testing in accordance with procedures approved by the Minister;

                            (iii)  the result of the testing of the sample is that each firearm in the sample is found to comply with the requirements.

            1.6  The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:

                     (a)  it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt-first onto a rubber mat that:

                              (i)  is 25 millimetres thick; and

                             (ii)  has a hardness reading (in this item called the appropriate hardness reading ) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 ("Indentation Hardness of Rubber and Plastics by means of a Durometer"), published on 1 September 1976; or

                     (b)  it is struck not more than 6 times at various points along its length by a rubber hammer that:

                              (i)  has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and

                             (ii)  is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow.

         1.6A  If the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:

                     (a)  each hammer or cocking device is moved back towards the cocked position; and

                     (b)  immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.

            1.7  Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of less than or equal to 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.

            1.9  The firearm must, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:

                     (a)  when engaged in the "safe" position, prevents discharge of the firearm; and

                     (b)  can be disengaged only by:

                              (i)  for an external safety device--distinct pressure on the device; or

                             (ii)  for an integral safety device--sustained pressure on the trigger; and

                     (c)  for an applied, external, safety device--clearly indicates when the firearm is able to discharge.

          1.10  For a firearm mentioned in item 14A of Part 2 of Schedule 6, the firearm:

                     (a)  must be fitted with an effective trigger guard; and

                     (b)  must be fitted with a safety device (either mechanical or electronic) that:

                              (i)  when engaged in the "safe" position--prevents discharge of the firearm; and

                             (ii)  can be disengaged only by:

                                        (A)  for an external safety device--distinct pressure on the device; or

                                        (B)  for an integral safety device --sustained pressure on the trigger; and

                            (iii)  for an applied, external safety device, clearly indicates when the firearm is able to discharge.

          1.11  The firearm must not:

                     (a)  contain parts; or

                     (b)  be the subject of any modification, corrosion, damage or alteration;

which would make the firearm unsafe in its use.

2.  Specified purposes test

            2.1  The importation of an article in accordance with the specified purposes test is subject to the condition that the importer of the article must:

                     (a)  within the period, after importation, mentioned in the Minister's permission:

                              (i)  dispose of the article to the government of the Commonwealth, a State or a Territory; or

                             (ii)  export the article in compliance with the Act (including any regulations or other instruments made under the Act); or

                            (iii)  destroy the article; and

                    (aa)  until the article is so disposed of, exported or destroyed, retain ownership of the article; and

                     (b)  comply with any condition or requirement specified, in relation to the article, in the permission.

3.  Official purposes test

            3.1  The importation, in accordance with the official purposes test, of an article to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:

                     (a)  if the government does not acquire ownership of the article in the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

            3.2  The importation, in accordance with the official purposes test, of an article to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:

                     (a)  unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

            3.3  The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:

                     (a)  unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

            3.4  The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:

                     (a)  unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

            3.5  The importation, in accordance with the official purposes test, of an article that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:

                     (a)  the article must be exported within the period, after importation, mentioned in the Minister's permission;

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

3A.  International sports shooter test

         3A.1  The importation, in accordance with the international sports shooter test, of a restricted category C article is subject to the following conditions:

                     (a)  the importer must export the article in the period, after importation, mentioned in the Minister's permission (unless the article has been destroyed);

                     (b)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

Note:          For the definition of restricted category C article , see Part 4 of Schedule 6.

4  Dealer test--category C and D articles

            4.2  The importation, in accordance with the dealer test, of a category C article or category D article is subject to the following conditions:

                     (a)  the importer must not sell the article except to:

                              (i)  a certified buyer for the article; or

                            (ia)  the government of the Commonwealth, a State or a Territory; or

                             (ii)  if the article is a category C article--a certified primary producer; or

                            (iii)  if the article is a restricted category C article, a certified sports shooter for the article;

                     (b)  the importer must retain possession of the article until the importer disposes of the article by:

                              (i)  selling the article in accordance with paragraph (a); or

                             (ii)  exporting the article in compliance with the Act (including any regulations or other instruments made under the Act); or

                            (iii)  destroying the article;

                   (ba)  if the importer disposes of the article in accordance with paragraph (b), the importer must give to the Minister, within 30 days after disposal, a written declaration by the importer:

                              (i)  stating that the importer has disposed of the article in accordance with paragraph (b); and

                             (ii)  giving details of the disposal;

                     (c)  the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.

Note:          For the definitions of category C article , restricted category C article , category D article , certified buyer , certified primary producer and certified sports shooter , see Part 4 of Schedule 6.

5.  Dealer test--category H article

            5.1  In this item:

"category H (dealer stock) article" means a category H article that has been imported under the dealer test in item 7 of Part 1, and is held by the person who imported it.

"licensed firearm dealer" means a licensed firearm dealer for category H articles.

            5.2  The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with subitems 5.3, 5.4 and 5.6.

            5.3  The importer must store the article with a Collector, or a person authorised by a Collector, unless:

                     (a)  the importer:

                              (i)  produces to a Collector a certificate stating that the importer is certified for stock purposes for category H (dealer stock) articles; and

                             (ii)  gives a written declaration to a Collector stating that:

                                        (A)  the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business of a firearm dealer, to possess category H articles for stock purposes; and

                                        (B)  the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; or

                     (b)  the importer produces to a Collector an export permit issued by the Department of Defence that permits the article to be exported from Australia by the importer.

            5.4  The importer may only dispose of the article:

                     (a)  to a person (other than a licensed firearm dealer) who holds a licence or authorisation, in accordance with the law of a State or Territory, to possess the article; or

                     (b)  to a person who holds a written authority or permission given by a relevant police representative stating that the person is not required to hold a licence or authorisation, in accordance with the law of the relevant State or Territory, to possess the article; or

                     (c)  to a person who is a licensed firearm dealer; or

                     (d)  by exporting the article.

            5.6  If the importer disposes of the article in a way authorised by subitem 5.4, the importer must give to a Collector, within 30 days after disposal, a written declaration by the importer:

                     (a)  stating that the importer has disposed of the article in a way authorised by subitem 5.4; and

                     (b)  giving details of the disposal.

            5.7  For this item, a person is certified for stock purposes , if:

                     (a)  the person is a licensed firearm dealer; and

                     (b)  the person holds a certificate that:

                              (i)  was issued by the Comptroller-General of Customs or an authorised officer; and

                             (ii)  states that the person is certified, for a specified period, to hold category H (dealer stock) articles for stock purposes; and

                     (c)  the certificate has not:

                              (i)  been cancelled at the request of the person; or

                             (ii)  been revoked by the Comptroller-General of Customs, or an authorised officer, under subitem 5.12; or

                            (iii)  otherwise ceased to have effect.

            5.8  For subitem 5.7, a person who is a licensed firearm dealer may apply to the Comptroller-General of Customs, or an authorised officer, for a certificate stating that the person is certified, for a specified period, to hold category H (dealer stock) articles for stock purposes.

            5.9  An application by a person for a certificate under subitem 5.8 must be accompanied by a copy of the person's licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business of a firearm dealer, to possess category H (dealer stock) articles for stock purposes.

          5.10  If:

                     (a)  the Comptroller-General of Customs, or an authorised officer, receives an application from a person for a certificate under subitem 5.8; and

                     (b)  the Comptroller-General of Customs, or authorised officer, is satisfied, having regard to the application and any other relevant information, that it is appropriate for the person to hold category H (dealer stock) articles for stock purposes;

the Comptroller-General of Customs, or authorised officer, may issue a certificate to the person stating that the person is certified, for a specified period, to hold category H (dealer stock) articles for stock purposes.

          5.11  A person who is certified to hold category H (dealer stock) articles for stock purposes must, as soon as practicable after any change in the person's circumstances in relation to the person's business as a firearm dealer, inform the Comptroller-General of Customs, or an authorised officer, in writing, of the change.

Example:    Examples of a change in circumstances include the following:

(a)    the person ceases to be a licensed firearm dealer;

(b)    the place where the person is storing category H (dealer stock) articles no longer meets the requirements of the law of the State or Territory where the place is;

(c)    the person has been convicted of a firearms-related offence.

          5.12  The Comptroller-General of Customs, or an authorised officer, may revoke a certificate issued to a person under subitem 5.8 if:

                     (a)  the person ceases to be a licensed firearm dealer; or

                     (b)  a place where the person stores category H (dealer stock) articles held for stock purposes does not meet the requirements of the law of the State or Territory where the place is; or

                     (c)  the person has made a false or misleading statement in:

                              (i)  an application for a certificate made under subitem 5.8; or

                             (ii)  a declaration made for the purposes of subparagraph 5.3(a)(ii) or subitem 5.6; or

                     (d)  the person has been convicted of a firearms-related offence committed within the period of 10 years immediately before the date of revocation; or

                     (e)  the person has failed to inform the Comptroller-General of Customs, or an authorised officer, of any change in the person's circumstances in relation to the person's business as a firearm dealer; or

                      (f)  the Comptroller-General of Customs is satisfied, having regard to any other relevant matter, that it is not appropriate for the person to hold any category H (dealer stock) articles for stock purposes.

Example:    An example of a relevant matter for paragraph (f) is that the person has been convicted of an offence involving misrepresentation, or other fraudulent conduct, against a law of the Commonwealth, a State or a Territory, being an offence committed within the period of 10 years immediately before the date of revocation.

          5.14  Nothing in this item affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons who are aware of such convictions to disregard them).

          5.15  Despite any provision of a law of a State or Territory, a person may disclose information to the Comptroller-General of Customs, or an authorised officer, for the purpose of enabling the Comptroller-General of Customs, or authorised officer, to carry out his or her functions under this item

Note:          For the definitions of category H article and relevant police representative , see Part 4 of Schedule 6.

Part 4 -- Interpretation

1.  Meaning of certified sports shooter

            1.1  For this Schedule, a person is a certified sports shooter , for a restricted category C article, if the Minister certifies, in writing, that the Minister is satisfied that:

                     (a)  the person is a registered shooter with the Australian Clay Target Association; and

                   (ab)  the person is:

                              (i)  an Australian citizen; or

                             (ii)  a lawful non-citizen under the Migration Act 1958 who holds a permanent visa under that Act; or

                            (iii)  a New Zealand citizen who holds a special category visa under the Migration Act 1958 ; and

                     (b)  the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory where the club is situated, to possess the article for the purpose of taking part in clay target events; and

                     (c)  the person intends to use the article solely to take part in clay target events; and

                     (d)  the person:

                              (i)  requires the article to take part in clay target events because of a physical need due to lack of strength or dexterity; or

                             (ii)  on 15 November 1996, was a registered shooter with the Australian Clay Target Association and possessed a semi-automatic shotgun, or pump action repeating shotgun, for use in clay target events.

            1.2  For this Schedule, a person is a certified sports shooter , for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:

                     (a)  either:

                              (i)  the article complies with subitem 1.3 or 1.5; or

                             (ii)  the firearm magazine complies with the specifications for shot capacity in subitem 1.3; or

                            (iii)  the firearm barrel complies with the specifications for barrel length and calibre in subitem 1.3; and

                     (b)  a relevant police representative is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for the purpose of taking part in sports or target shooting permitted under that law; and

                     (c)  the relevant police representative certifies, in an approved form, that the person is a certified sports shooter for the article.

            1.3  For paragraph 1.2(a), a category H article complies with this subitem if:

                     (a)  the article:

                              (i)  is designed or adapted for competition target shooting; or

                             (ii)  has a barrel length of at least:

                                        (A)  for a semi-automatic handgun--120 mm; and

                                        (B)  for a revolver or a single shot handgun--100 mm; and

                     (b)  the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and

                     (c)  either:

                              (i)  if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or

                             (ii)  in any other case, the article has a calibre not greater than .38".

            1.4  For paragraph 1.2(a), a category H article that is:

                     (a)  a black powder muzzle loading pistol; or

                     (b)  a cap and ball percussion fired revolver;

is taken to comply with subitem 1.3.

            1.5  For paragraph 1.2(a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:

                     (a)  the article, magazine or barrel is to be imported by a person who is:

                              (i)  an Australian citizen; or

                             (ii)  a lawful non-citizen under the Migration Act 1958 who holds a permanent visa under that Act; and

                     (b)  the person satisfies a Collector, at or before importation, that the person had lawfully exported the article, magazine or barrel from Australia with the intention of participating in an international sports or target shooting event which was intended to be held outside Australia on or before 30 June 2003.

            1.6  For subitem 1.3:

"calibre" means the size of the cartridge that a handgun is chambered to discharge.

Note:          For the definition of relevant police representative , see item 1B.

1A.  Meaning of certified international sports shooter

         1A.1  For this Schedule, a person is a certified international sports shooter, for a restricted category C article, if the Minister certifies, in writing, that the Minister is satisfied that:

                     (a)  the person intends to use the article in Australia solely to take part in a clay target event; and

                     (b)  the event is:

                              (i)  the Olympic Games or an associated event; or

                             (ii)  the Paralympic Games or an associated event; or

                            (iii)  the Commonwealth Games or an associated event; or

                            (iv)  organised by the Australian Clay Target Association; and

                     (c)  the person is not:

                              (i)  an Australian citizen; or

                             (ii)  a lawful non-citizen under the Migration Act 1958 who holds a permanent visa under that Act; and

                     (d)  the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory where the event is to be held, to possess the article for the purpose of taking part in clay target events.

         1A.2   For this Schedule, a person is a certified international sports shooter , for a category H article , a firearm magazine for a category H article, or a firearm barrel for a category H article , if:

                     (a)  either:

                              (i)  the article complies with subitem 1A.3 or 1A.5; or

                             (ii)  the firearm magazine complies with the specifications for shot capacity in subitem 1A.3; or

                            (iii)  the firearm barrel complies with the specifications for barrel length and calibre in subitem 1A3; and

                     (b)  a relevant police representative is satisfied that the person intends to use the article in Australia for sports or target shooting; and

                     (c)  the relevant police representative is satisfied that the person is not:

                              (i)  an Australian citizen; or

                             (ii)  the holder of a permanent visa under the Migration Act 1958 ; and

                     (d)  the relevant police representative is satisfied that the person is the holder of a licence or authorisation to possess the article for sports or target shooting , in accordance with the law of the State or Territory where the person intends to use the article; and

                     (e)  the relevant police representative certifies, in an approved form, that the person is a certified international sports shooter for the article.

         1A.3   For paragraph 1A.2(a), a category H article complies with this sub item if:

                     (a)  the article:

                              (i)  is designed or adapted for competition target shooting; or

                             (ii)  has a barrel length of at least:

                                        (A)  for a semi-automatic handgun--120 mm; and

                                        (B)  for a revolver or a single shot handgun--100 mm; and

                     (b)  the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and

                     (c)  either:

                              (i)  if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or

                             (ii)  in any other case, the article has a calibre not greater than .38".

         1A.4  For paragraph 1A.2(a), a category H article that is:

                     (a)  a black powder muzzle loading pistol; or

                     (b)  a cap and ball percussion fired revolver;

is taken to comply with subitem 1A.3.

         1A.5  For paragraph 1A.2(a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:

                     (a)  the person is importing the article, magazine or barrel for the purpose of participating in a sports or target shooting event which is intended to be held in Australia on or before 30 June 2003; and

                     (b)  the person satisfies a Collector, at or before importation, that the person:

                              (i)  is a participant in the event; and

                             (ii)  will not use the article, magazine or barrel for a purpose other than participating in the event; and

                            (iii)  will export the article, magazine or barrel from Australia as soon as practicable after the person has participated in the event.

         1A.6  For subitem 1A.3:

"calibre" means the size of the cartridge that a handgun is chambered to discharge.

Note:          For the definition of relevant police representative , see item 1B.

1B.  Meaning of relevant police representative

                   For this Schedule:

"relevant police representative" , for a State or Territory, means:

                     (a)  the chief police officer for that State or Territory, namely:

                              (i)  for a State--the Commissioner or Chief Commissioner of the police force of the State; and

                             (ii)  for the Northern Territory--the Commissioner of Police of the police force of the Northern Territory; and

                            (iii)  for a Territory other than the Northern Territory--the chief police officer of the Australian Capital Territory; or

                     (b)  a person authorised in writing to act on behalf of that chief police officer in relation to matters to which this Schedule relates.

2.  Meaning of certified primary producer

            2.1  For this Schedule, a person is a certified primary producer if a relevant police representative certifies, in an approved form, that the person is a primary producer.

3  Meaning of category C article and restricted category C article

            3.1  For this Schedule, a category C article is:

                     (a)  a firearm to which item 3 of Part 2 of this Schedule applies (a category C firearm ); or

                     (b)  a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a category C firearm.

            3.2  For this Schedule, a restricted category C article is any of the following:

                     (a)  a semi-automatic shotgun, or pump-action repeating shotgun, to which item 3 of Part 2 of this Schedule applies (a restricted category C firearm );

                     (b)  a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a restricted category C firearm.

3AA  Meaning of category D article

       3AA.1  For this Schedule, a category D article is any of the following:

                     (a)  a firearm to which item 6 of Part 2 of this Schedule applies (a category D firearm );

                     (b)  a firearm part, to which item 7 of Part 2 of this Schedule applies, of (or for) a category D firearm;

                     (c)  a detachable firearm magazine to which item 15 or 16 of Part 2 of this Schedule applies, whether or not fitted to a firearm.

3A.  Meaning of category H article

         3A.1  For this Schedule, a category H article is:

                     (a)  a firearm mentioned in item 9 of Part 2 (other than a firearm that was manufactured before 1 January 1900); or

                     (b)  a frame or receiver mentioned in item 9B of Part 2 (other  than a frame or receiver that was manufactured before 1 January 1900).

4.  Meaning of certified buyer

            4.1  For this Schedule, a person is a certified buyer , for a category C or category D article, if the Minister certifies, in writing, that the Minister is satisfied that:

                     (a)  the person intends to buy the article from a licensed firearm dealer; and

                     (b)  the article is for the purposes of the government of the Commonwealth, or a State or Territory; and

                     (c)  the government will retain ownership of the article after buying it.

            4.2  For this Schedule, a person is also a certified buyer , for a category C or category D article, if the Minister certifies, in writing, that the Minister is satisfied that:

                     (a)  the person intends to buy the article from a licensed firearm dealer; and

                     (b)  the person's occupation is partly or wholly the business of controlling vertebrate pest animals; and

                     (c)  the person holds a licence or authorisation, in accordance with the law of the State or Territory where the person will carry out the occupation, to possess the article for the purpose of the person's occupation.

            4.3  For this Schedule, a person is a certified buyer , for a category H article, if:

                     (a)  the Secretary of the Department:

                              (i)  is satisfied of the matters mentioned in subitem 4.4 in relation to the person and the article; and

                             (ii)  certifies that the person is a certified buyer for the category H article; or

                     (b)  a relevant police representative:

                              (i)  is satisfied of the matters mentioned in subitem 4.5 in relation to the person and the article; and

                             (ii)  certifies, in an approved form, that the person is a certified buyer for the category H article.

            4.4  For subparagraph 4.3(a)(i), the matters are as follows:

                     (a)  the person intends to buy the article from a licensed firearm dealer;

                     (b)  the article is for the purposes of the government of the Commonwealth;

                     (c)  the government will retain ownership of the article after buying it.

            4.5  For subparagraph 4.3(b)(i), the matters are as follows:

                     (a)  the person intends to buy the article from a licensed firearm dealer;

                     (b)  the article is for the purposes of the government of the relevant State or Territory;

                     (c)  the government will retain ownership of the article after buying it.

5.  Meaning of licensed firearm dealer

            5.1  For this Schedule, a person is a licensed firearm dealer , for a category C, category D or category H article, if the person:

                     (a)  carries on the business of a firearm dealer; and

                     (b)  holds a licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business, to possess the article and sell or dispose of it, or deal with it for other commercial purposes, in the course of the business.

6.  Meaning of certified for business or occupational purposes

            6.1  For this Schedule, a person is certified for business or occupational purposes , for a category H article, if a relevant police representative:

                     (a)  is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for business or occupational purposes (other than for the purposes of being a firearm collector or firearm dealer); and

                     (b)  certifies, in an approved form, that the person is a person certified for business or occupational purposes for the category H article.

7.  Meaning of certified collector

            7.1  For this Schedule, a person is a certified collector , for a category H article, if a relevant police representative:

                     (a)  is satisfied that the person is a licensed collector, in accordance with the law of the relevant State or Territory; and

                     (b)  certifies, in an approved form, that the person is a certified collector for the category H article.

8  Meaning of sanctioned activity

                   In this Schedule, sanctioned activity means:

                     (a)  an activity approved in writing by any of the following:

                              (i)  a Service Chief of the Australian Defence Force;

                             (ii)  a Deputy Secretary of the Department administered by the Defence Minister; or

                     (b)  an activity approved in writing by any of the following:

                              (i)  the Commissioner of the Australian Federal Police;

                             (ii)  the Deputy Commissioner of the Australian Federal Police;

                            (iii)  the Commissioner of the police force of a State or Territory;

                            (iv)  a Deputy Commissioner of the police force of a State or Territory;

                             (v)  the Secretary of the Department administered by the Minister;

                            (vi)  a Deputy Secretary of that Department.



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