Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2000 (NO. 7) 2000 NO. 234 - SCHEDULE 1

(regulation 3)
Part 1 Amendments of Schedule 6, Part 1

[1] Subitem 1.5

omit

[2] Subparagraph 2.2 (e) (ii)

omit

the article.

insert

the article; or

[3] After paragraph 2.2 (e)

insert

(f)

the article is to be imported in the following circumstances:

(i)

the article is owned by the government of a country other than Australia;

(ii)

the article is to be used by a person who is appointed as a special constable under the Police (Special Provisions) Act 1901 of New South Wales.

[4] Subitems 2.3 and 3.3

omit

[5] Item 4

substitute

4.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica to which the police authorisation test relates, complies with the test if:

(a)

the importer of the article has been given a statement, in an approved form, by a relevant police officer 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 officer 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 or 4.3 applies) — the importer has also been given a certificate, in an approved form, by a relevant police officer 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

(d)

the importer produces to a Collector, at or before importation:

(i)

the statement in the approved form; and

(ii)

if the article is a category C or category H article, the 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.

4.3 This subitem applies to a category H article if:

(a)

the importer of the article holds a licence or authorisation under the law of a State or Territory to possess the article; and

(b)

the article is to be used by the importer to compete in:

(i)

the Sydney 2000 Olympic Games or an associated event; or

(ii)

the Sydney 2000 Paralympic Games or an associated event.

4.4 Despite paragraph 4.1 (d), if an importer places an order for, or imports, a category H article before 2 September 2000, the importer may produce the statement mentioned in paragraph 4.1 (a), and the certificate mentioned in paragraph 4.1 (c), for the article before the end of 28 days after the date of importation.

[6] Subitems 5.3 and 5A.3

omit

[7] Item 6, heading

substitute

6. Dealer test — category C article

[8] Subitems 6.2 and 6.3

substitute

6.2 The Attorney-General must not give written permission for the importation of the article unless the Attorney-General is satisfied that:

(a)

the importer is a licensed firearm dealer; and

(b)

if the importation of the article is stated by the importer to be for demonstration or testing purposes:

(i)

the article is to be used by the importer for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes; and

(ii)

the importation of the article will not result in the importer having in Australia (excluding any category C article imported in compliance with a test other than the dealer test):

(A) more than one of a particular model of category C article that has been imported for demonstration or testing purposes; or
(B) more than a total of 5 category C articles that have been imported for demonstration or testing purposes; and

(iii)

if the importer has previously imported a category C article for demonstration or testing purposes:

(A) the importer continues to own and possess the article; or
(B) the article has been destroyed by a member of a State or Territory police force or a member of the Australian Federal Police; or
(C) the article has been exported.

[9] After item 6

insert

7. Dealer test — category H article

7.1 The importation of a category H article complies with the dealer test if the importer produces to a Collector, at or before importation, the written permission of a relevant police officer for the importation of the article.

7.2 The relevant police officer must not give written permission for the importation of the article unless the relevant police officer is satisfied that:

(a)

the importer is a licensed firearm dealer; and

(b)

if the importation of the article is stated by the importer to be for demonstration or testing purposes:

(i)

the article is to be used by the importer for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes; and

(ii)

the importation of the article will not result in the importer having in Australia (excluding any category H article imported in compliance with a test other than the dealer test):

(A) more than one of a particular model of category H article that has been imported for demonstration or testing purposes; or
(B) more than a total of 10 category H articles that have been imported for demonstration or testing purposes; and

(iii)

if the importer has previously imported a category H article for demonstration or testing purposes:

(A) the importer continues to own and possess the article; or
(B) the article has been destroyed by a member of a State or Territory police force or a member of the Australian Federal Police; or
(C) the article has been exported.

7.3 Despite subitem 7.1, if the importer places an order for, or imports, the article before 2 September 2000, the importer may produce the written permission mentioned in subitem 7.1 before the end of 28 days after the date of importation.

Part 2 Amendments of Schedule 6, Part 2

[10] Item 9, column 2

omit

Any of the following firearms,

insert

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

[11] Item 9, column 3, subparagraph (a) (iv)

omit

and

[12] Item 9, column 3, after subparagraph (a) (iv)

insert

(v)

the dealer test; and

[13] Item 9, column 3

omit

(a)

the importation must comply with the Police authorisation test; and

insert

(a)

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

(i)

the Police authorisation test;

(ii)

the dealer test; and

Part 3 Amendment of Schedule 6, Part 3

[14] Item 4

substitute

4. Dealer test — category C article

4.1 The importation, in accordance with the dealer test, of a category C article is subject to the condition that the importer must comply with:

(a)

the conditions mentioned in subitem 4.2; or

(b)

if the importation of the article is stated by the importer to be for demonstration or testing purposes, the conditions mentioned in subitem 4.3.

4.2 For paragraph 4.1 (a), the conditions are as follows:

(a)

the importer must not sell the article except to:

(i)

a certified buyer for the article; or

(ii)

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 store the article with a Collector, or a person authorised by a Collector, until:

(i)

the article has been sold to a person mentioned in subparagraph (a) (i) or (ii) or, if the article is a restricted category C article, to a person mentioned in subparagraph (a) (iii); and

(ii)

the importer declares to a Collector, in an approved form, that the article has been sold to that person; and

(iii)

the importer produces to a Collector satisfactory evidence that:

(A) the sale has happened; and
(B) the buyer is a person mentioned in subparagraph (a) (i) or (ii) or, if the article is a restricted category C article, a person mentioned in subparagraph (a) (iii).

4.3 For paragraph 4.1 (b), the conditions are as follows:

(a)

the importer must not use the article except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes;

(b)

the importer must retain ownership and possession of the article until it is destroyed or exported.

5. Dealer test — category H article

5.1 The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with:

(a)

the conditions mentioned in subitem 5.2; or

(b)

if the importation of the article is stated by the importer to be for demonstration or testing purposes, the conditions mentioned in subitem 5.3.

5.2 For paragraph 5.1 (a), the conditions are as follows:

(a)

the importer must not sell the article except to:

(i)

a certified buyer for the article; or

(ii)

a certified sports shooter for the article; or

(iii)

a person who is certified for business or occupational purposes for the article; or

(iv)

a certified collector for the article; or

(v)

a person who is certified, in an approved form, by a relevant police officer as a person who is not required, under the law of the relevant State or Territory, to hold a licence or authorisation to possess the article;

(b)

the importer must store the article with a Collector, or a person authorised by a Collector, until:

(i)

the article has been sold to a person mentioned in subparagraph (a) (i), (ii), (iii), (iv) or (v); and

(ii)

the importer declares to a Collector, in an approved form, that the article has been sold to that person; and

(iii)

the importer produces to a Collector satisfactory evidence that:

(A) the sale has happened; and
(B) the buyer is a person mentioned in subparagraph (a) (i), (ii), (iii), (iv) or (v).

5.3 For paragraph 5.1 (b), the conditions are as follows:

(a)

the importer must not use the article except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes;

(b)

the importer must retain ownership and possession of the article until it is destroyed or exported.

Part 4 Amendments of Schedule 6, Part 4

[15] After subitem 1.1

insert

1.2 For this Schedule, a person is a certified sports shooter , for a category H article, if a relevant police officer:

(a)

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

(b)

certifies, in an approved form, that the person is a certified sports shooter for the category H article.

[16] After subitem 1A.1

insert

1A.2 For this Schedule, a person is a certified international sports shooter , for a category H article, if a relevant police officer:

(a)

is satisfied that:

(i)

the person intends to use the article in Australia for sports or target shooting; and

(ii)

the person is not:

(A) an Australian citizen; or
(B) the holder of a permanent visa under the Migration Act 1958 ; and

(iii)

the person is the holder of a licence or authorisation to possess the article, in accordance with the law of the State or Territory where the person intends to use the article; and

(b)

certifies, in an approved form, that the person is a certified international sports shooter for the category H article.

1B. Meaning of relevant police officer

1B.1 For this Schedule:

"relevant police officer" means:

(a)

for a State — the Commissioner or Chief Commissioner of the police force of the State; and

(b)

for the Northern Territory — the Commissioner of Police of the police force of the Northern Territory; and

(c)

for a Territory other than the Northern Territory — the chief police officer of the Australian Capital Territory.

[17] Subitem 2.2

omit

[18] After item 3

insert

3A. Meaning of category H article

3A.1 For this Schedule, a category H article is a firearm mentioned in item 9 of Part 2.

[19] After subitem 4.2

insert

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

(a)

the Secretary of the Attorney-General's 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 officer:

(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.

[20] Subitem 5.1

omit

category C article,

insert

category C article or category H article,

[21] After item 5

insert

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 officer:

(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 officer:

(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.