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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 NO. 58
EXPLANATORY STATEMENTSTATUTORY RULES 1998 NO. 58
Issued by the Authority of the Minister for Customs and Consumer Affairs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Act provides in part that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
(2) The. power conferred by the last preceding subsection may be exercised -
.......(c) by prohibiting the importation of goods unless specified conditions
or restrictions are complied with.
(3) Without limiting the generality of paragraph (2)(c), the regulations - ... (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and..."
The Customs (Prohibited Imports) Regulations ("the Regulations") control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person.
Operation of the Regulations
For ease of reference, a summary of the operation of the Regulations is set out in Attachment 1.
Background
During 1996 all Australian governments agreed on a national scheme to control the circulation of firearms in Australia. In particular, it was agreed that strict controls would be placed on access to self-loading rimfire rifles, self-loading shotguns or pump action repeating shotguns ("the relevant weapons"), as well as parts, accessories, magazines or ammunition used in these weapons. ("parts").
Statutory Rules 1998 No 52 which came into force on 25 March 1998, restricted the class of person who may import self-loading rimfire rifles, self-loading shotguns or pump action repeating shotguns, under what is known as the "Police authorisation" test. In addition, these amendments gave the right to import self-loading shotguns and pump action repeating shotguns to certain classes of clay shooters.
The amendments to the Customs (Prohibited Imports) Regulations which commenced on 25 March 1998 have inadvertently adversely affected the legitimate importation of Category C firearms and parts for official purposes and the importation of category C firearms by international and Olympic competitors. They have also placed an unreasonable burden on firearms dealers and Customs officials in relation to the storage and release of parts.
The amendments
The purpose of the regulations is to redress the above matters. The amendments:
(a) introduce a definition of "firearm part" for the purpose of the Regulations, which will confine the operation of the regulations to certain essential components of firearms, and permit the free entry of non-essential components, such as individual screws, springs and other small components regulation 3, substituting new subregulation 4F(4) of the Regulations;
(b) introduce an "International sports shooter test" to introduce a further category of person who may import firearms under the regulations subregulation 4.6, introducing Item 5A in Part 1 of Schedule 6 of the Regulations;
Under the amendments a "certified international sports shooter" may import a firearm if he or she can satisfy the Attorney-General that
(i) he or she intends to use the article in Australia solely to take part in clay target events; and
(ii) each event is organised by the Australian Clay Target Association, or a club affiliated with the Association; and
(iii) the person is not an Australian citizen, or a lawful non-citizen; and
(iv) the person holds an appropriate State or Territory licence for the firearm.
A person who satisfies the "International sports shooter test" will not be permitted to import a self-loading rimfire rifle.
(c) provide definitions of the terms "certified buyer" and "licensed firearm dealer" for the purpose of the Regulations subregulation 4.17, adding new Items 4 and 5 to Part 4 of Schedule 6 of the Regulations.
For the purposes of the Regulations, "certified buyer" means:
(i) A person who purchases the firearm on behalf of the Commonwealth, State or Territory Government; and
(ii) A person whose principal or only occupation is the business of controlling vertebrate pest animals on rural land.
For the purposes of the Regulations, "licensed firearm dealer", means a person who carries on the business of a firearm dealer, and who holds a licence or authorisation in accordance with the law of the State or Territory where the person carries on the business of dealing in firearms. This definition applies for the purposes of the Dealer test - Item 6, Part 1 of Schedule 6 to the Regulations.
(d) provide a transitional arrangement to allow an importer a 2-week period of grace to provide documentation required by the Regulations, where those firearms or firearm parts are imported before the commencement of these regulations subregulation 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, and 4.7 of the Regulations.
The Regulations are explained in greater detail in Attachment 2.
The Regulations commenced operation on gazettal.
ATTACHMENT 1
OPERATION OF REGULATION 4F AND SCHEDULE 6 OF THE CUSTOMS (PROHIBITED IMPORTS) REGULATIONS
Regulation 4F of the Regulations prohibits the importation of firearms and firearm accessories, etc., unless the firearm or part is permitted to be imported by operation of Schedule 6 of the Regulations. Subregulation 4F(4) provides definitions of the terms "firearm". "firearm accessory". "firearm magazine" and "firearm part" for the purposes of the Regulations
Schedule 6 of the Regulations is itself divided into 4 Parts, as follows:
Part 1 prescribes, for the purposes of Part 2 of Schedule 6, a range of tests against which importations of firearms or firearms accessories etc may be measured to determine whether importation may be permitted. These tests are:
Item 1 - Official purposes test
Item 2 - Specified purposes test
Item 3 - Specified purposes test
Item 4 - Police authorisation test
Item 5 - Sports Shooter test
Item 6 - Dealer test
Part 2 prescribes a range of requirements for the importation of specific firearms, firearm accessories etc, by reference to the tests set out in Part 1 of Schedule 6, and to other specific matters. To this end, the Items in Part 2 are divided into 3 columns, namely:
Column 1 - Item Number Column 2 - Reference to firearm, firearm accessory, etc Column 3 - Requirement to be satisfied to permit importation, by reference to the tests set out in Part 1 of Schedule 6, and to other matters, including the conditions set out in Part 3.
Part 3 prescribes the conditions which apply to the importation of firearms and firearms accessories etc., in accordance with Part 2.
Part 4 provides definitions for the purposes of Schedule 6. The terms defined include:
"certified sports shooter"
"certified primary producer"
"category C article"
"restricted category C article"
ATTACHMENT 2
Regulation 1 - Commencement
Subregulation 1. 1 provides for the amendment to the Customs (Prohibited Imports) Regulations to commence on gazettal.
Regulation 2. Amendment
Subregulation 2.1 provides for the Customs (Prohibited Imports) Regulations to be amended as set out in these Regulations.
Regulation 3. Regulation 4F (Firearms, firearm accessories, firearm parts, firearm magazines and ammunition)
Subregulation 3.1 provides for the subregulation 4F(4) of the Regulations to be amended by substituting a new definition of "firearm part".
The new definition of "firearm part" confines the operation of the Regulations to those key parts which are essential to the operation of the firearm, namely,
(i) Gas piston, friction assembly, action bar breech bolt, breech block or other item used in firing ammunition from the firearm paragraph (a);
(ii) Firearm barrel paragraph (b);
(iii) An assembled trigger mechanism paragraph (c);
(iv) A receiver paragraph (d);
The purpose of confining the operation of the Regulations to these key items is to avoid unnecessary hardship that would be occasioned by the application of the Regulations to individual screws, springs and other small components - in this regard, the note at the end of the new definition of "firearm part" expresses this intention.
Regulation 4. Schedule 6 (Requirements for the importation of firearms, firearm accessories, firearm parts, firearm magazines and ammunition)
This regulation introduces the following:
* a new "International sports shooter test" in Part 1 of Schedule 6, a definition of "certified international sports shooter" in Part 4 of Schedule 6, and conditions which apply to that test.
* amendments to Part 2 of Schedule 6 which refer to the new "International sports shooter test"
* definitions of "certified buyer" and "licensed firearms dealer" in Part 4 of Schedule 6
* amendments to Part 3 of Schedule 6 to refer to the new definition of "certified buyer"
In addition Regulation 4 provides a transitional arrangement to provide for a 14 day period of grace for persons who imported firearms, firearm accessories etc prior to the commencement of these regulations to comply with the newly-introduced requirements of the Regulations to provide documentary evidence (licences, contracts and so forth).
Transitional Arrangement
The transitional arrangement applies in the following circumstances;
Provision in Subject matter of New provision Amending
Schedule 6 Provision inserted/amended provision in these
Regulations
Item 1, Part 1 Official purposes test New subregulation 1.5 Subregulation 4.1
Item 2, Part 1 Specified purposes test New subregulation 2.3 Subregulation 4.2
Item 3, Part 1 Specified person test New subregulation 3.3 Subregulation 4.3
Item 4, Part 1 Police authorisation test New subregulation 4.2 Subregulation 4.4
Item 5, Part 1 Sports shooter test New subregulation 5.3 Subregulation 4.5
Item 5A, Part 1 International sports New subregulation Subregulation 4.6
shooter test 5A.3, (contained in new
Item 5A, introduced by
these regulations)
Item 6, Part 1 Dealer test New subregulation 6.3 Subregulation 4.7
International sports shooter test
This regulation also provides for the new "International sports shooter test". to prescribe a farther category of person who may import firearms under the regulations subregulation 4.6. introducing Item 5A in Part 1 of Schedule 6 of the Regulations;
Under the amendments a "certified international sports shooter" may import a firearm if he or she can satisfy the Attorney-General that
(i) he or she intends to use the article in Australia solely to take part in clay target events; and
(ii) each event is organised by the Australian Clay Target Association, or a club affiliated with the Association; and
(iii) the person is not an Australian citizen, or a lawful non-citizen; and
(iv) the person holds an appropriate State or Territory licence for the firearm.
A person who satisfies the "International sports shooter test" will not be permitted to import a self-loading rimfire rifle.
Subregulation 4.7 provides that, for the purposes of applying the Dealer test (Item 6, Part 1 of Schedule 6 to the Regulations) the Attorney-General must not permit the importation of the firearm, firearm accessory etc unless the Attorney is satisfied that the importer is a "licensed firearm dealer" - as to which, see subregulation 4.17.
References to the new International sports shooter test
Subregulation 4.8 amends Item 3 of Part 2 to include a reference to the new International sports shooter test
Subregulation 4.9 amends Item 4 of Part 2 to include a reference to the new International sports shooter test
References to "certified buyer"
Subregulation 4.10 amends subparagraph 4.1 (a) in Item 4 of Part 3 to include a reference to the new definition of "certified buyer"
Subregulation 4.11 amends subparagraph 4.1 (b)(i) in Item 4 of Part 3 to include a reference to the new definition of "certified buyer"
Subregulation 4.12 amends subparagraph 4.1 (b)(ii) in Item 4 of Part 3 to include a reference to the new definition of "certified buyer"
Subregulation 4.13 amends subparagraph 4.1 (b)(iii)(B) in Item 4 of Part 3 to include a reference to the new definition of "certified buyer"
9 The definition of "certified buyer is introduced by subregulation 4.17
Conditions which apply to the International sports shooter test
Subregulation 4.14 introduces Item 3A.1 into Part 3 of Schedule 6, to prescribe conditions that apply in the application of the International sports shooter test. The new Item 3A provides that a firearm etc imported pursuant to this test must be reexported within a period specified by the Attorney-General, and the importer must comply with any other condition specified by the Attorney.
Consequential amendment
Subregulation 4.15 is a consequential amendment to the existing definition of "certified sports shooter". This provision amends that definition to provide that a "certified sports shooter" must bean Australian citizen. The purpose of this amendment is to distinguish the new "International sports shooter test" which only applies to persons who are not Australian citizens.
Meaning of certified international sports shooter
Subregulation 4.16 inserts a new Item 1A.1 into Part 4 of Schedule 6, to provide a definition of "certified international sports shooter" Such a person may import a firearm etc. if he or she can satisfy the Attorney-General that
(i) he or she intends to use the article in Australia solely to take part in clay target events; and
(ii) each event is organised by the Australian Clay Target Association, or a club affiliated with the Association; and
(iii) the person is not an Australian citizen, or a lawful non-citizen; and
(iv) the person holds an appropriate State or Territory licence for the firearm.
A person who satisfies the "International sports shooter test" will not be permitted to import a self-loading rimfire rifle.
Meaning of "certified buyer"
Subregulation 4.17 adds to Part 4 of Schedule 6 new definitions of "certified buyer" and "licensed firearms dealer" for the purpose of the Regulations.
"certified buyer" means:
(i) A person who purchases the firearm on behalf of the Commonwealth, State or Territory Government; and
(ii) A person whose principal or only occupation is the business of controlling vertebrate pest animals on rural land.
"licensed firearm dealer", will mean a person who carries on the business of a firearm dealer, and who holds a licence or authorisation in accordance with the law of the State or Territory where the person carries on the business of dealing in firearms. This definition applies for the purposes of the Dealer test - Item 6, Part 1 of Schedule 6 to the Regulations.