Attachment A

 

 

Details of the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015

 

Section 1 - Name

 

This section provides that the title of the Regulation is the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015 (the Amendment Regulation).

 

Section 2 - Commencement

 

This section sets out, in a table, the date on which the Amendment Regulation will commence, and provides that, each provision of that Regulation as specified in column 1 of the table is to commence, or is taken to have commenced, in accordance with column 2 of that table, and that any other statement in column 2 is to have effect according to its terms.  The Amendment Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 - Authority

 

This section provides that the Amendment Regulation is made under the Customs Act 1901 (the Act).

 

Sections 4 - Schedules

 

This section provides that, each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument, has effect according to its terms.

 

The purpose of this section is to explain how amendments in this Amendment Regulation are to operate.

 

Schedule 1 - Amendments

 

Customs (Prohibited Imports) Regulations 1956

 

This Schedule amends the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations).  In particular, the amendments will:

 

*         streamline the transhipment processes for the movement of goods to foreign countries (see notes for items 1, 2, 10, 25 and 65);

*         reduce the regulatory burden on the importation of goods under the Australia United States Defense Trade Cooperation Treaty (the Treaty) and for Australian residents returning from certain lawful shooting activities overseas (see notes for items 3, 6 and 11);

*         provide greater scope for defence and law enforcement goods to be imported for manufacture and assembly (see notes for items 22, 24, 46, 62 and 64);

*         clarify the export and disposal requirements for relevant goods (see notes for items 17 to 20, 28, 36, 42, 43, 47 to 54, 57 to 60, 67, 71 and 86);

*         enable the Attorney-General to determine and approve visual inspection procedures for firearms (see notes for items 44 and 45); and

*         remove flipper and single handed opening knives and parts from import control (see notes for items 82 and 83).

 

Streamlining the transhipment processes for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(a) - Items 1, 2, 10, 25 and 65

 

The purpose of these amendments is to streamline the criteria for the transhipment of weapons (including parts and ammunition) to a foreign country, including removing the requirement to seek Ministerial permission for the transhipment of these goods in line with existing arrangements for firearms and related articles.

 

Item 1 is consequential to the amendments made by items 2, and 10, and substitutes the heading in regulation 3D of the PI Regulations with a new heading; being "Criteria for regulations 4F and 4H-transhipment of firearms and weapons etc. to a foreign country".

 

Item 2 inserts a reference to paragraph 4H(2)(a) into regulation 3D of the PI Regulations.  This extends the criteria in regulation 3D to apply to the weapons mentioned in paragraph 4H(2)(a) in addition to the firearms mentioned in subregulation 4F(2B).

 

Subsequently, item 10 amends paragraph 4H(2)(a)(ii) of the PI Regulations to reference the criteria in regulation 3D.  This means Ministerial permission is not required to import weapons into Australia for transhipment to another country.

 

The effect of these items is that Ministerial permission is not required for the purposes of importing weapons, in addition to firearms, into Australia for transhipment to another country.  The transhipment of these goods is subject to the requirements of regulation 3D, including that, if the goods are goods to which regulation 13E of the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations) applies, then the relevant permissions or authorisations have been granted.

 

Consequently, paragraphs 2.2(e) of Part 1 of Schedule 6 and 2.2(d) of Part 1 of Schedule 13 to the PI Regulations are repealed by items 25 and 65, respectively.  These paragraphs related to importers receiving Ministerial permission to tranship firearms and weapons to foreign countries under the specified purposes test, subject to other requirements.  Due to the application of regulation 3D and the removal of Ministerial permission to import goods for transhipment purposes, these paragraphs are redundant.

 

Streamlining items used overseas in lawful competitions and activities and new circumstances for the importation of certain goods - Items 3, 6 and 11

 

The purpose of these amendments is to remove the requirement for permission or police certification for the re-importation of articles used by Australian residents participating in lawful shooting competitions and hunting activities overseas.  The amendments also remove the requirement for Ministerial permission for the importation of certain goods by Australian Community members under the Treaty.  The removal of Ministerial permission for these articles and goods is subject to conditions within the PI Regulations.

 

Streamlining requirements

 

Item 3 inserts a new regulation 3E into the PI Regulations, which sets out a circumstance whereby an importer may propose to import an Australian registered firearm, used in a lawful shooting competition or hunting activity overseas, back into Australia without import permission or police certification.

 

The new regulation 3E sets out the criteria that must be met for permission or police certification not to be required for the importation of the Australian registered firearm.  In particular, the importer must be an Australian resident returning back to Australia with the relevant firearm, be able to demonstrate that the firearm was lawfully exported for use in a relevant competition or activity, demonstrate the firearm was not modified overseas except for repairs, and demonstrate that he or she has the appropriate licence or authority to possess the firearm in accordance with the law of the State or Territory where he or she lives.

 

This amendment will apply to Australian residents who travel to participate in lawful shooting competitions or hunting activities overseas and who are returning back to Australia from those competitions or activities.

 

Item 6 supports the amendments made by item 3 by extending the circumstances prescribed in subregulation 4F(2B) to include the new regulation 3E in subregulation 4F(2B) of the PI Regulations.  The effect is that subregulation 4F(1) does not apply to the importation of firearms (and associated parts and ammunition) if those goods meet the criteria in regulation 3E.

 

As such, item 6 operates to remove the requirement of permission or certification for the import of certain firearms owned by Australian residents returning from lawful shooting activities overseas.  The removal of this requirement will remove some administrative burden on State and Territory Police Firearms Registries.

 

New circumstances

 

Item 3 also inserts a new regulation 3F into the PI Regulations.  The new regulation 3F sets out the criteria in which Australian Community members, as defined under the Defence Trade Controls Act 2012 (the DTC Act), may import certain goods into Australia without Ministerial permission under the Treaty.

 

The goods that may be imported under the Treaty are those goods that must both be specified under Part 2 of Schedule 13 to the PI Regulations, and covered by either Article 3(1) or 3(3) of the DTC Act, i.e. non-firearm weapons.

 

The Treaty sets out strict import and export conditions that are imposed on the movement of goods by Australian Community members.  As such, goods imported into Australia under the Treaty by Australian Community members are considered to be low risk with no need for further Ministerial consideration.

 

Item 11 inserts a new paragraph 4H(2)(d) into the PI Regulations.  This is to enable relevant importers (Australian Community members) of permissible goods to dispense with the standard process of requiring further Ministerial permission to import those goods.  It does this by stating that subregulation 4H(1) does not apply to those goods that meet the criteria in regulation 3F.

 

Item 4 - Subregulation 4AA(6)

 

This amendment corrects an unintentional error in subregulation 4AA(6) of the PI Regulations.  It substitutes the reference to "Schedule 2" with "Schedule 13".

 

This amendment ensures that regulation 4AA does not apply to the plastic explosives that fall under the goods listed in Schedule 13.  This maintains the policy intention that entities seeking to import plastic explosives for warfare or like purposes must receive Ministerial permission, by meeting one of the relevant tests contained in Schedule 13, to import such goods into Australia.

 

The purpose of this amendment is to correct the unintended error and clarify the intended tests that should apply to the importation of plastic explosives.

 

New public interest test and national interest test and related matters - Items 5, 40 and 41

 

The purpose of these amendments is to specify a new public interest test and a new national interest test in relation to the importation of firearms and related articles, and the circumstances in which they would apply.  This will enable the proposed importation of goods that fall under an item in Part 2 of Schedule 6, but that do not meet the existing prescribed tests, to be assessed against either of the new public, or national, interest test.

 

The inclusion of the public and national interest tests for Schedule 6 goods mirrors that of Schedule 13, providing consistency across the PI Regulations in relation to the importation of firearms and weapons.

 

Item 5 inserts a new subregulation 4F(1A) into the PI Regulations.  This item sets out the circumstances in which the new public interest test and national interest test, for the importation of firearms and related articles, can be engaged.  The new tests are alternatives to the tests already specified in column 3 of the table under Part 2 of Schedule 6 to the PI Regulations.

 

If either of these new tests is satisfied by the relevant importer, the requirement to meet any other tests specified in the relevant item in Part 2 of Schedule 6 for the importation of the goods is not required.

 

Item 40 inserts new items 8A and 8B into Part 1 of Schedule 6 to the PI Regulations.  These new items set out the elements of the public interest test and the national interest test respectively.

 

The new tests largely replicate the equivalent tests in Part 1 of Schedule 13 to the PI Regulations in relation to weapons, but requires consideration and written permission to be given by the Attorney-General instead of those persons specified in the equivalent tests.

 

The new tests only apply to items specified in Part 2 of Schedule 6, and a note to this effect is inserted before the table in Part 2 of Schedule 6 to the PI Regulation, by item 41.

 

Item 7 - Subregulation 4F(3A)

 

This item amends subregulation 4F(3A) of the PI Regulation to require the Attorney-General to complete a review of the specific items in Part 2 of Schedule 6 to the PI Regulations instead of the Minister for Immigration and Border Protection.

 

The amended subregulation 4F(3A) requires the Attorney-General review the relevant items before 31 December 2016 to ensure those items reflect government policy.  The purpose of this amendment is to reflect the Minister who has the responsibility for policy on these matters.

 

Items 8 and 9

 

These items amend subregulation 4F(4) of the PI Regulations to repeal the reference to a folding stock, a detachable stock and an adjustable stock from the definition of firearm accessory, and insert similar references in the definition of firearm part.

 

The purpose of these amendments is to clarify that the relevant items are parts of a firearm instead of an accessory to a firearm.  These amendments will have the effect of applying different tests to folding, detachable and adjustable stocks on importation.

 

Spent and redundant provisions - Items 12 and 15

 

Item 12 repeals regulation 7 of the PI Regulations as it no longer has any legal effect and is redundant.  Regulation 7 was itself a repeal regulation, removing any effect of the Statutory Rules contained in Schedule 5.

 

Consequently, Schedule 5 of the PI Regulations is repealed by item 15.

 

Item 13 - After regulation 8

 

This item inserts a new regulation 9 into the PI Regulation to specify the circumstances where the amendments are to apply, and where they do not apply.

 

The new subitem 9(1) provides that the amendments apply to applications for, permission for, or consent to, the importation of an article or goods, made on or after the commencement of the Amendment Regulation, and to the importation of an article, or goods, on or after the commencement of the Amendment Regulation.  However, the relevant importation of an article, or goods, is subject to new subregulation 9(3).

 

The new subitem 9(2) applies to applications for permission for or consent to the importation of an article or goods made before the commencement of the Amendment Regulation, but where a final decision has not been made on those applications immediately before the commencement of the amendments.  The new subitem provides for the relevant applications to have been made as if they were made on or after the commencement.  Therefore these applications will be subject to the amended requirements.

 

The new subitem 9(3) provides that the amendments do not apply to permissions or consents that were in force immediately before the commencement of the Amendment Regulation, for the relevant importation of goods, whether the goods were imported before, on or after the commencement of the amendments.

 

The purpose of this amendment is to ensure that permissions or consents that were in force prior to the commencement will not be affected by the Amendment Regulation.

 

Anti-personnel sprays etc. and associated matters - Items 14, 69 and 85

 

The purpose of these amendments is to move anti-personnel sprays and chemicals from Schedule 3 to Schedule 13 of the PI Regulations.  This ensures anti-personnel sprays and chemicals are treated as weapons under the PI Regulations, and entities seeking Ministerial permission to import these goods will be subject to the relevant tests under Schedule 13.

 

Item 14 repeals the table item 1 of the table under Schedule 3 to the PI Regulations, thereby removing anti-personnel sprays and chemicals from Schedule 3.

 

Subsequently, item 85 inserts a new table item 45 into the table under Part 2 of Schedule 13 to the PI Regulations.  The new table item specifies anti-personnel sprays and chemicals and requires the importation of these goods to comply with at least one of the specified tests in the table.

 

In addition, item 69 adds a new paragraph (d) into subitem 3.2 of Part 1 of Schedule 13 to the PI Regulations to include a set of circumstances that must be satisfied in order to obtain a written permission from the Minister to import anti-personnel sprays and chemicals under the specified person test.

 

The new requirements allow for the Minister or authorised person to grant permission to import the relevant goods, provided a relevant test is met, but increase the scope of the end-use of the goods to include any contract in force with the government of the Commonwealth, a State or a Territory.

 

Simplifying expressions - Items 16, 21, 30, 31, 32, 34, 35, 37, 39, 56, 61, 68, 70, 72, 73, 74, 75, 76, 77 and 87

 

The purpose of these amendments is to simplify the provisions contained in Table A.  The amendments do not change the scope of the requirements set out in those provisions.

 

For example, item 16 repeals subitem 1.1 of Part 1 of Schedule 6 to the PI Regulations and in its place substitutes a new subitem.

 

The previous subitem provides that the importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition or a component of ammunition to which the official purposes test relates, complies with the 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.

 

The new subitem provides that the importation of an article complies with the official purposes test if, at or before importation, the Attorney-General gives written permission under this item for the importation of the article.

 

The new subitem is more concise as it does not list the articles to which the test applies, but rather states that the importation of an article complies with the test if written permission is given by the Attorney-General.

 

Table A

 

Subitem 1.1 of Part 1 of Schedule 6	Subitem 2.1 of Part 1 of Schedule 6	Subitem 3.1 of Part 1 of Schedule 6	Subitem 4.1 of Part 1 of Schedule 6
Paragraph 4.1(a) of Part 1 of Schedule 6	Subitem 5.1 of Part 1 of Schedule 6	Subitem 5A.1 of Part 1 of Schedule 6	Paragraph 7.1(b) of Part 1 of Schedule 6
Subitem 8.1 of Part 1 of Schedule 6	Subitem 1.1 of Part 1 of Schedule 13	Subitem 2.1 of Part 1 of Schedule 13	Subitem 3.1 of Part 1 of Schedule 13
Subitem 4.1 of Part 1 of Schedule 13	Subitem 5.1 of Part 1 of Schedule 13	Item 6 of Part 1 of Schedule 13	Subitem 7.1 of Part 1 of Schedule 13
Subitem 8.1 of Part 1 of Schedule 13	Subitem 9.1 of Part 1 of Schedule 13	Subitem 10.1 of Part 1 of Schedule 13	Item 3 of Part 3 of Schedule 13

 

Expanding the official purposes test and associated matters - Items 17, 18, 19, 20, 47, 57, 58, 59, 60 and 86

 

The purpose of these amendments is to broaden the official purposes test for which articles covered by Schedule 6, and goods covered by Schedule 13, of the PI Regulations may be imported.

 

Item 17 repeals and substitutes paragraph 1.2(a) of Part 1 of Schedule 6 of the PI Regulations.  The new paragraph adds to the previous provisions and enables the Attorney-General to provide written permission for the importation of an article that is to be exported under a contract to the government of a foreign country.  The exportation of the article must be in compliance with the Act (including any regulations or other instruments made under that Act).

 

Items 18 and 19 also add to the previous provisions, in table items 3 and 4 in the table under subitem 1.4 of Part 1 of Schedule 6 to the PI Regulations.  This addition is in relation to goods imported under the official purposes test where the goods are to be supplied to the government of the Commonwealth, a State or a Territory under a contract.  The table items enable the government of the Commonwealth, a State or a Territory to retain the ownership of relevant articles until they are disposed of to another such Australian government, or to the government of a foreign country, or the articles are destroyed.

 

Item 19 also inserts a new table item 5 to set out the circumstances that will apply to articles that are to be exported under contract to the government of a foreign country.  The ownership arrangements are that the government of the foreign country must either own the relevant article at the time of importation or intend to acquire ownership of that article within a period that the Attorney-General considers appropriate.  Further, the government must retain ownership of that article until it is disposed of to another foreign government or to the government of the Commonwealth, a State or a Territory, or the article is destroyed.

 

Items 57 to 59 make similar amendments to allow for the Minister to grant permission in relation to the official purposes test for weapons.  The items affect paragraph 1.2(a) of Part 1, and table items 1, 3 and 4 in the table under subitem 1.5 of Part 1, of Schedule 13 to the PI Regulations, respectively.  Item 59 also inserts a new table item 5 to the same effect as item 19 in Schedule 6 in respect of goods under Schedule 13.

 

Subsequently, items 47 and 86 amend a condition in subitems 3.1 of Part 3 of Schedule 6, and 1.1 of Part 3 of Schedule 13, to the PI Regulations.  These amendments extend the official purposes test to the importation of articles and goods exported under a contract to the government of a foreign country.  These amendments have an effect of requiring the relevant articles or goods to be exported to the government of a foreign country to comply with the time period and other conditions contained within the import permission.

 

In addition, items 20 and 60 are consequential to the amendments made by items 17 to 19 and 57 to 19 and add a note at the end of subitems 1.4 of Part 1 of Schedule 6, and 1.5 of Part 1 of Schedule 13, to the PI Regulations.  The note refers readers to the relevant item, in those Schedules, for conditions relating to the official purposes test.

 

These amendments have the effect of enabling articles and goods to be imported for export and would create further opportunities for local industry to provide firearms and weapons to foreign governments.

 

Expanding the specified purposes test and associated matters - Items 22, 24, 46, 62 and 64

 

The purpose of these amendments is to broaden an existing purpose under the specified purposes test for which articles covered by both Schedule 6 and Schedule 13, of the PI Regulations may be imported.

 

Items 22 and 24 insert, after the word "training" in subparagraphs 2.2(d)(i), (iii) and (iv) of Part 1 of Schedule 6 to the PI Regulations, "manufacture, assembly,".  Similar amendments are made by items 62 and 64 for subparagraphs 2.2(c)(i), (iii) and (iv) of Part 1 of Schedule 13 to the PI Regulations.

 

These amendments will allow importers to import, and manufacture or assemble, relevant items into Australia for use by governments, including foreign governments, or the United Nations, provided a contract is in place.  The amendments will have the effect of assisting local industry to manufacture and customise these items for use by Australian governments, foreign governments or the United Nations.

 

In addition, item 46 substitutes paragraph 2.1(a) of Part 3 of Schedule 6 to the PI Regulations with a new paragraph.  The new paragraph clarifies the circumstances, in which relevant articles are to be disposed of, to include the option of disposing of the relevant articles to the government of the Commonwealth, a State or a Territory or exporting the article in compliance with the Act in addition to destroying the article.  The importer must retain ownership of the article until it is disposed of, exported, or destroyed.

 

Modernise references - Items 23 and 63

 

These amendments substitute the reference to "country other than Australia" in sub-subparagraph 2.2(d)(ii)(B) of Part 1 of Schedule 6, and subitem 3.4 of Part 3 of Schedule 6, sub-subparagraph 2.2(c)(ii)(B) of Part 1 of Schedule 13, to PI Regulations with "foreign country".  The purpose of these amendments is to modernise the reference in the relevant provisions.

 

Sanctioned activity and associated matters - Items 26, 27, 29, 55, 66 and 88

 

The purpose of these amendments is to substitute references to "defence-sanctioned activity'' and "law enforcement-sanctioned activity" with "sanctioned activity" in relation to the importation of firearms and related articles, and non-firearms weapons, and provide for related matters.

 

Item 55 substitutes items 8 and 9 of Part 4 of Schedule 6 to the PI Regulations with a new item 8.  New item 8 sets out the new definition of "sanctioned activity", which combines the previous defence-sanctioned activities and law enforcement-sanctioned activities into the one definition.  This is intended to simplify the application of the PI Regulations.

 

Subsequently, item 26 repeals and substitutes subparagraphs 2.2(f)(i) to (iv) of Part 1 of Schedule 6 to the PI Regulations.  The new subparagraphs retain existing requirements in relation to the importation of firearms for sanctioned activities by the defence force of another country but extend the requirements to also include law enforcement agencies of a foreign country.  This will have the effect of allowing law enforcement agencies of a foreign country the ability to import articles for participation in activities sanctioned by defence.

 

In addition, defence forces of foreign countries will be able to import articles for participation in events sanctioned by law enforcement agencies.  Item 66 makes similar amendments to subparagraphs 2.2(e)(ii) to (iv) of Part 1 of Schedule 13 to the PI Regulations in relation to weapons.

 

Similarly, item 27 substitutes the reference to "defence-sanctioned activity" in subparagraph 2.2(f)(v) of Part 1 of Schedule 6 with "sanctioned activity".

 

Item 29 is consequent to the amendments made by items 26, 27 and 55, and repeals paragraph 2.2(h) of Part 1 of Schedule 6 to the PI Regulations.  The amendments made by items 26 and 27 incorporate the requirements set out in paragraph 2.2(h) and as such this paragraph is redundant and no longer required.

 

In addition, item 88 substitutes the definition of sanctioned activity, in item 3 of Part 4 of Schedule 13 to the PI Regulations, with a reference to the new definition of "sanctioned activity" in new item 8 of Part 4 of Schedule 6 to that Regulation, as amended by item 55.

 

Items 28 and 67

 

These amendments insert, after the words "will be" in sub-subparagraph 2.2(g)(iv)(C) of Part 1 of Schedule 6, sub-subparagraph 2.2(f)(iv)(C) of Part 1 of Schedule 13, to the PI Regulations, "sold to the government of the Commonwealth, a State or a Territory," and "sold to a certified buyer or to the government of the Commonwealth, a State or a Territory,".

 

The purpose of these amendments is to address industry feedback and give businesses, whose primary occupation is the research or development of firearms or other defence or law enforcement technology, the opportunity to sell imported articles to the government of the Commonwealth, a State or a Territory.  This will allow for a more efficient use of business and government resources as previously importers were required to either export or destroy the relevant goods.

 

Additional information for the police certification test and the dealer test - Items 33 and 38

 

The purpose of these amendments is to introduce new requirements in relation to firearms and related goods that are subject to the police certification test and the dealer test for category H articles.

 

Item 33 substitutes paragraph 4.1(d) of Part 1 of Schedule 6 to the PI Regulations with two new paragraphs in relation to the police certification test.

 

New paragraph 4.1(ca) requires the importer to produce, to a Collector, details of the article including:

 

*         the make, model and serial number; and

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

 

New paragraph 4.1(d) retains the requirement that the importer must produce, to a Collector, relevant statements and certificates in relation to the article in the approved form. 

 

Item 38 makes similar amendments for paragraph 7.1(c) of Part 1 of Schedule 6 to the PI Regulations in relation to the dealer test for category H articles.

 

Dealer test under Schedule 6 and Schedule 13 - Items 36, 42, 43, 48, 49, 50, 51, 52, 53, 54 and 71

 

The purpose of these amendments is to streamline and simplify requirements relating to the dealer test, and to ensure that certain detachable firearm magazines are also subject to that test.

 

Item 36 repeals and substitutes item 6 of Part 1 of Schedule 6 to the PI Regulations.  The new item 6 repeals requirements in respect of the importation of the category C articles for demonstration or testing purposes, such as the limitation on the number of category C articles imported for demonstration or testing, but retains the requirement that the dealer must be licensed.  This amendment has the effect of providing licensed dealers with greater flexibility to import articles, particularly for demonstration or testing purposes.

 

Amendments made by items 42 and 43 insert the dealer test for firearms as a test that may be satisfied for the importation of certain magazines under table items 15 and 16 of the table in Part 2 of Schedule 6 to the PI Regulations.

 

Item 48 repeals subitem 4.1 of Part 3 of Schedule 6 to the PI Regulations.  Consistent with the amendments made by item 36, this amendment has the effect of removing conditions that may be imposed on category C and category D articles that are imported for demonstration and testing purposes, to provide greater flexibility for dealers.

 

Item 49 is consequential to the amendment made by item 48, and repeals and substitutes subitem 4.2 of Part 3 of Schedule 6.  The new item reads "The importation, in accordance with the dealer test, of category C article or category D article is subject to the following conditions:".

 

Item 50 inserts a new subparagraph 4.2(a)(ia) into Part 3 of Schedule 6 to the PI Regulations.  The new subparagraph (ia) enables relevant articles to be sold to the government of the Commonwealth, a State or Territory.

 

Item 51 substitutes paragraph 4.2(b) of Part 3 of Schedule 6 to the PI Regulations with two new paragraphs; being paragraphs 4.2(b) and (ba).

 

The new paragraph 4.2(b) imposes a new condition that the importer must retain possession of the article until that importer disposes of the article by selling the article to a person or entity permitted under the dealer test in Part 3 of Schedule 6, or by exporting the article in compliance with the Act (including any regulations or other instruments made under the Act), or by destroying that article.  This amendment has the effect of removing the requirement for dealers to store category C and category D articles with a Collector.

 

Where the importer disposes the relevant article in accordance with paragraph 4.2(b), the new paragraph 4.2(ba) imposes a condition on the importer, which requires the importer to give the Attorney-General, within 30 days after disposal, a written declaration by the importer stating that the importer has disposed of the article in accordance with that paragraph, and giving details of that disposal.

 

This amendment has the effect of ensuring the requirement to notify the Attorney-General, of the disposal of relevant articles by importers, is maintained (see item 52, which repeals the related requirement in subitem 4.3 of Part 3 of Schedule 6 to the PI Regulations).

 

Item 52 is consequential to the amendments made by items 48 and 51, and repeals subitem 4.3 of Part 3 of Schedule 6 to the PI Regulations (excluding the note) as there is no longer conditions placed on these articles for demonstration or testing purposes.  This is due to item 36 repealing and substituting item 6 of Part 1 of Schedule 6 to the PI Regulations.

 

Item 53 repeals and substitutes items 3 and 3AA of Part 4 of Schedule 6 to the PI Regulations.  The new items amend the definitions of category C article, restricted category C article and category D firearm, to clarify the articles that fall within these definitions.  The new item also extends the meaning of category D articles to cover detachable firearm magazines to which table items 15 and 16 of the table under Part 2 of Schedule 6 applies, whether or not they are fitted to a firearm.

 

Item 54 substitutes the words "category C article or category H article" in subitem 5.1 of Part 4 of Schedule 6 to the PI Regulations with "category C, category D or category H article".  This amendment corrects an oversight in previous amendments to allow legitimate firearms dealers to import category D articles under the dealer test, and has the effect of recognising certain category D articles as articles that are part of a licensed firearm dealer's legitimate business.

 

Item 71 repeals and substitutes paragraph 4.2(b) of Part 1 of Schedule 13 to the PI Regulations.  The new paragraph outlines the matters to which the Minister, or authorised person, must have regard to when deciding whether to grant permission for the importation of a weapon under the dealer test, being whether it is appropriate for the importer to hold relevant goods in stock.

 

The requirement to limit the use of the goods to demonstration and testing purposes, if stated by the importer, is removed to give importers the flexibility to sell goods that were initially imported for demonstration or testing purposes.  This amendment is consistent with the amendments made by item 36 and applies to goods covered by Schedule 13 of the PI Regulations.

 

Firearm identification and associated matters - Items 44 and 45

 

The purpose of these amendments is to provide a new mechanism to streamline the visual inspection of relevant goods specified in the table under Part 2 of Schedule 6 to the PI Regulations that requires that the firearm must bear a unique serial number.

 

Item 44 inserts a new item 1A into Part 3 of Schedule 6 to the PI Regulations.  The new item 1A sets out a requirement relating to the identification of firearms.

 

The new subitem 1A(1) provides that item 1A applies in relation to a firearm if an item in Part 2 of Schedule 6 requires that the firearm must bear a unique serial number.

 

The new subitem 1A(2) provides that a firearm is taken to comply with the requirement if:

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

*         each of the following applies:

o   the firearm is included in a consignment of firearms;

o   a sample of the items in the consignment is selected for visual inspection in accordance with procedures approved by the Attorney-General;

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

 

This amendment supports the explicit requirements in the amended police certification test and dealer test in respect of serial numbers that must be produced (see notes for items 33 and 38 above).  It also enables the Attorney-General to determine and approve appropriate risk-based procedures in respect of visual inspection of samples of items in a consignment. 

 

Existing requirements in relation to visual inspection under subitem 1.5A of Part 3 of Schedule 6 are therefore redundant and are repealed by item 45.

 

Military vehicles, etc. - Items 78 and 79

 

The purpose of these amendments is to repeal the requirements relating to tanks, other military vehicles, military aircraft (manned or unmanned), military helicopters (manned or unmanned), naval vessels (surface and submarine vessels) armed or equipped for military use, from the column headed "Weapons and weapon parts" for table item 1 of the table under Part 2 of Schedule 13 to the PI Regulations.  The amendment inserts similar requirements in a new table item.

 

Item 78 omits the words "tanks, other military vehicles, military aircraft (manned or unmanned), military helicopters (manned or unmanned), naval vessels (surface and submarine vessels armed or equipped for military use" from table item 1 of the table under Part 2 of Schedule 13.

 

Subsequently, item 79 inserts a new table item 1A into the table under Part 2 of Schedule 13.  The new table item provides for a list of military vehicles, military vessels and military aircraft categories to comply with at least one of the specified tests for importation; being the official purposes test, the specified purposes test, the returned goods test, the collectors and non-government museum test, the public interest test and the national interest test. 

 

These amendments will have the intended effect of reducing the regulatory burden associated with importing military vehicles, military vessels and military aircraft that do not contain any weapons systems.  These goods will no longer have the option of complying with the dealer test.

 

Further, the amendment will remove the regulatory burden associated with importing dual-use, non-weapon parts for military vehicles, military vessels and military aircraft such as engine components.

 

Items 80 and 81

 

The purpose of these amendments is to remove novelty shock devices that are powered by a storage battery capacity not exceeding 6 volts from exclusion from import control under table item 3 in the table under Part 2 of Schedule 13 of the PI Regulations and make related amendments.

 

Item 80 is consequent to the amendments made by item 81, and substitutes "component;" in paragraph (c) under the column headed "Weapons and weapon parts" of table item 3 of the table under Part 2 of Schedule 13 to the PI Regulations with "component".  This amendment has the effect of clarifying that table item 3 only contains two paragraphs.

 

Item 81 repeals paragraph (c) under the column headed "Weapons and weapon parts" of table item 3 of the table under Part 2 of Schedule 13 to the PI Regulations.  Paragraph (c) excluded novelty shock devices that are powered by a storage battery capacity not exceeding 6 volts from import control.  This amendment has the effect of requiring all relevant electric devices that are designed to administer an electric shock on contact, other than certain cattle prods and low-powered bug zappers, to require an import permit.

 

Item 82 - Part 2 of Schedule 13 (table item 14, column headed "weapons and weapon parts")

 

This amendment substitutes ", assisted opening knives or flipper knives" in the column headed "Weapons and weapon parts" under table item 14 of the table under Part 2 of Schedule 13 to the PI Regulations with "or assisted opening knives".

 

This amendment has the effect of removing flipper knives that do not have any other form of mechanism to assist in the opening of the knife (such as a spring) as a type of automatic knife from import controls.  However, knives that contain a flipper but are assisted opening knives will remain controlled under table item 14.

 

Item 83 - Part 2 of Schedule 13 (table items 16 and 17)

 

This amendment repeals table items 16 and 17 of the table in Part 2 of Schedule 13 to the PI Regulations, which controls single handed opening knives and parts for those knives.

 

The single handed opening knives which were controlled were knives that have a blade folded or recessed into the handle which is capable of being opened by gravity, inertia or centrifugal force.  These knives will no longer be controlled goods and may be imported into Australia without permission.  The possession of such knives will still be subject to the relevant laws of the States and Territories.

 

The purpose of this amendment is to reduce confusion for industry and individuals.  These knives have previously caused confusion amongst these groups as to whether they were controlled goods or not.  This was because similar knives that can be deployed rapidly, but without being opened by gravity, inertia or centrifugal force, are not controlled on importation.

 

The amendment will allow importers to import single handed opening knives that can be opened by gravity, inertia or centrifugal force.  These knives have many legitimate uses, including for use in outdoor recreational activities such as camping, mountaineering and hiking.

 

The controls on knives such as automatic, assisted opening and butterfly knives will remain under the PI Regulations.

 

Item 84 - Part 2 of Schedule 13 (cell at table item 41, column headed "Weapons and weapon parts")

 

This amendment repeals and substitutes the cell at table item 41 under the column headed "Weapons and weapon parts" in the table under Part 2 of Schedule 13 to the PI Regulations.  The new cell maintains the import controls on body armour, or similar goods, designed for anti-ballistic or anti-fragmentation purposes that are designed to be worn on any part of the human body.  However, the table item now expressly excludes helmets, and vests or plate carriers with no anti-ballistic or anti-fragmentation protection, as well as anti-ballistic articles designed for eye and hearing protection from this control.

 

The purpose of this amendment is to remove confusion regarding the controls on the importation of helmets, and vests or plate carriers with no anti-ballistic or anti-fragmentation protection.  Further, these goods are considered low-risk to the community and do not need to be subject to the weapons control.

 

ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015

 

The Legislative Instrument, titled the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015 (the Amendment Regulation), is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview

 

The Amendment Regulation amends the Customs (Prohibited Imports) Regulations 1956 to streamline the processes relating to firearms and other weapons.  The Amendment Regulation is consistent with the Government's broader deregulation agenda, and in part:

 

• provides greater scope for industry to import, manufacture, assemble, develop and export defence and law enforcement goods;
• streamlines the permit process for Australian residents returning from lawful shooting competitions, or hunting activities, overseas with their registered firearms;
• enables the Attorney-General to approve risk-based procedures for serial number checking of commercial firearms;
• provides greater flexibility for the disposal of government end-use firearms;
• streamlines the importation of goods by Australian Community members under the Australia-United States Defense Trade Cooperation Treaty; and

*         removes single handed-opening knives and parts from import controls.

 

The Amendment Regulation will also ensure that strict provisions continue to be in place to prohibit the importation of firearms, related articles and certain non-firearms weapons by persons without a legitimate use for such goods.

 

The Amendment Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Human rights implications

 

The Amendment Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Amendment Regulation is compatible with human rights as it does not raise any human rights issues.

 

The Hon. Peter Dutton MP, Minister for Immigration and Border Protection