Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2000 (NO. 4) 2000 NO. 213 - SCHEDULE 1

(regulation 3)

[1] After regulation 3B

insert

(1)

The criteria for goods mentioned in subregulations 4 (1AAC) and (3) and 4F (2B) are that:

(a)

the goods are imported into Australia on an aircraft by a sky marshal while carrying out his or her duties; and

(b)

there is an agreement in force between the Government of the foreign country represented by the sky marshal and the Government of Australia providing for the importation of the goods into Australia on aircraft by sky marshals; and

(c)

immediately after the goods are imported, the sky marshal surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and

(d)

within 3 months after the goods were imported into Australia, they are exported from Australia by a sky marshal representing the foreign country.

(2)

In this regulation:

"airline" means a person who carries on a commercial air transport enterprise that involves offering or operating scheduled or chartered air services.

"authorised officer" means an officer authorised in writing by the CEO to be an authorised officer for this regulation.

"sky marshal" means a person who is employed or engaged to travel on an aircraft to provide security for 1 or more passengers or crew on the aircraft by:

(a)

the Government of a foreign country; or

(b)

an agency of the Government of a foreign country; or

(c)

an airline.

(3)

In this regulation, a sky marshal represents a foreign country if:

(a)

the sky marshal is employed or engaged by the Government of the country, or an agency of the Government of the country, to carry out the duties of a sky marshal; or

(b)

for a sky marshal employed or engaged by an airline to carry out the duties of a sky marshal on an aircraft — the aircraft is registered under the law of the country.

[2] Subregulation 4 (1)

omit

(1AAA) and (1AAB)

insert

(1AAA), (1AAB) and (1AAC)

[3] After subregulation 4 (1AAB)

insert

(1AAC)

Also, subregulation (1) does not apply to goods that:

(a)

are specified in item 8, 9, 12, 13, 14, 18D, 19, 19A, 21, 23 or 29A of Schedule 2; and

(b)

meet the criteria mentioned in subregulation 3C (1).

[4] After subregulation 4 (2)

insert

(3)

However, subregulation (2) does not apply to goods that:

(a)

are specified in item 1 of Schedule 3; and

(b)

meet the criteria mentioned in subregulation 3C (1).

[5] Subregulation 4F (1)

omit

(2) and (2A)

insert

(2), (2A) and (2B)

[6] After subregulation 4F (2A)

insert

(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 a replica that meets the criteria mentioned in subregulation 3C (1).