Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - REG 4

4.1 Item 4 of Part 1:
Omit paragraph 4.1 (b), substitute:

"(b) for a category C article-the importer has also been given a certificate,
in an approved form, by a person mentioned in subparagraph (a) (i), (ii) or
(iii) certifying that the importer is a primary producer; and

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

        (i)    the statement in the approved form; or

        (ii)   the statement and the certificate in the approved forms. Note
               The importer can produce the statement, or statement and
               certificate, personally or by an agent, eg a firearm dealer.".

4.2 After item 4 of Part 1, insert in Part 1: "5. Sports shooter test
5.1 The importation of a restricted category C article complies with the
sports shooter test if the importer of the article produces to a Collector, at
or before importation, the written permission of the Attorney-General for the
importation of the article.
5.2 The Attorney-General must not give written permission for the importation
of the article unless the importer is a certified sports shooter for the
article. 6. Dealer test
6.1 The importation of a category C article complies with the dealer test if
the importer of the article produces to a Collector, at or before importation,
the written permission of the Attorney-General for the importation of the
article.
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 carries on the business of a firearm dealer; and

   (b)  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 the article and sell it in the course of the
        business.".

4.3 Item 3 of Part 2:
Omit column 3, substitute:

"For a self-loading 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 authorisation test;

        (v)    the dealer test; and

   (b)  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 self-loading 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 authorisation test;

        (v)    the sports shooter test;

        (vi)   the dealer test; and

   (b)  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.".

4.4 Item 4 of Part 2:
Omit column 3, substitute:

"For a part of, or for, a self-loading 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 authorisation test;

   (e)  the dealer test. For a part of, or for, a self-loading 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 authorisation test;

   (e)  the sports shooter test;

   (f)  the dealer 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 authorisation test.".

4.5 Add at the end of the Schedule: "4. Dealer test
4.1 The importation, in accordance with the dealer test, of a category C
article is subject to the following conditions:

   (a)  the importer must import the article for the purposes of selling the
        article only to a certified primary producer or, 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 until the
        importer:

        (i)    sells the article to a certified primary producer or, if the
               article is a restricted category C article, to a certified
               sports shooter for the article; and

        (ii)   declares to a Collector, in an approved form, that the article
               has been sold to the certified primary producer or certified
               sports shooter; and

        (iii)  produces to a Collector satisfactory evidence that:

                (A)  the sale has happened; and

                (B)  the buyer is a certified primary producer or, if the
                     article is a restricted category C article, a certified
                     sports shooter for the article.
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 Attorney-General certifies, in writing, that the
Attorney-General is satisfied that:

   (a)  the person is a member of a club affiliated with the Australian Clay
        Target Association; 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; 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 member of a club affiliated with the
               Australian Clay Target Association and possessed a self-loading
               shotgun, or pump action repeating shotgun, for use in clay
               target events. 2. Meaning of certified primary producer 2.1 For
               this Schedule, a person is a certified primary producer if a
               relevant police officer certifies, in an approved form, that
               the person is a primary producer. 2.2 For item 2.1: relevant
               police officer means a person mentioned in subparagraph 4.1 (a)
               (i), (ii) or (iii) in Part 1. 3. Meaning of category C article
               and restricted category C article 3.1 For this Schedule, a
               category C article is:

   (a)  a firearm mentioned in item 3 of Part 2 (category C firearm); or

   (b)  a firearm part mentioned in item 4 of Part 2 of, or for, a category C
        firearm. 3.2 For this Schedule, a restricted category C article is:

   (a)  a self-loading shotgun, or pump action repeating shotgun, mentioned in
        item 3 of Part 2 (restricted category C firearm); or

   (b)  a firearm part mentioned in item 4 of Part 2 of, or for, a restricted
        category C firearm.".