Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2011 (NO. 4) (SLI NO 233 OF 2011)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2011 No. 233

 

Issued by the Authority of the Minister for Home Affairs

 

Customs Act 1901

 

Customs (Prohibited Imports) Amendment Regulations 2011 (No. 4)

 

Subsection 270(1) of the Customs Act 1901 (the Act) provides, in part, that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed, or as may be necessary or convenient to be prescribed, for giving effect to the Act.

 

Section 50 of the Act provides, in part, that the Governor-General may, by regulation, prohibit the importation of goods into Australia.  This power may be exercised by prohibiting the importation of goods absolutely or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

 

Following the election commitment announced in 2010, the Government proposes to ensure that certain dangerous non-firearm weapons are strictly controlled on import into Australia.

 

The Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) control the importation of the goods specified in various regulations and Schedules, by prohibiting importation absolutely, or making importation subject to the permission of the Minister or an authorised person.

 

The purpose of the amending Regulations is to introduce more stringent controls on the importation of certain non firearm weapons and to streamline or clarify the controls on other non firearm weapons and parts for these non firearm weapons.

 

The amending Regulations introduce statutory import tests for the importation of non-firearm weapons and parts for certain non firearm weapons. These statutory import tests replace the existing administrative regime where importation is subject to the permission of the Minister or authorised person.  They require importers to demonstrate a legitimate end use for the goods, as set out in the statutory tests, before importation permission will be granted. 

 

Under the PI Regulations, regulation 4 and Schedule 2 control the import of certain non-firearms weapons.  All importers seeking written permission to import a weapon specified in Schedule 2 are currently required to obtain certification from police demonstrating that the importer is allowed to possess the weapon in the importer's jurisdiction. Once the certification is obtained, an importer must also obtain permission in writing of the Minister, or an authorised person, to import the goods.   

 

However it is considered that for several lower risk non-firearms weapons in Schedule 2, importers should not be required to obtain further permission of the Minister for their importation, once having received certification from the police.

 

The amending Regulations remove several goods from Schedule 2 and introduce a new regime in relation to their importation. Some examples of the types of goods that is subject to the new controls include but are not limited to, daggers, sheath knives, trench knives and flick knives. The new regime is set out in new regulation 4H and Schedule 13 and allows the importation into Australia of various weapons where the importer has satisfied certain statutory tests. 

 

The PI Regulations do not currently control the importation of parts for certain non firearms weapons such as flick knives or crossbows, exposing a risk in the import controls. The amending Regulations make changes to ensure that weapons imported in parts are subject to the same import requirements as fully constructed weapons, preventing the control being avoided.

 

While the amendments are introducing more stringent controls on high risk goods, the amendments also introduce a new category of goods known as "trench art" to be exempt from the controls. Trench art is the term used to describe items of warfare, or remnant parts,  modified or decorated by soldiers, prisoners of war or civilians and which are acquired as souvenirs, collectors items or household ornaments. Common examples of trench art encountered at the border include painted or decorated war materials such as artillery shell cases which are often significantly altered into non warfare items such as ash trays or umbrella stands.

 

The amending Regulations also amend the definition of "flick knives and similar devices" in current item 19 of Schedule 2 to clarify the devices intended to be classified as a flick knife and controlled on import into Australia. The amending Regulations do not broaden the scope of the definition.

 

The amending Regulations also amend the definition of items designed or adapted for warfare under current item 8 of Schedule 2 to include military vehicles to clarify the coverage of the controls on the importation of such goods.

 

The goods to which the new regime applies, and the details of the regime, are set out in greater detail in the Attachment.

 

Associated amendments to the Customs Regulations 1926 have also been made.

 

Customs and Border Protection released a consultation paper seeking public submissions on the implementation of the election commitment.  Copies of the consultation paper were provided to weapons importers, collectors associations and other interested non-Government organisations.  Details of the consultation process are set out in the attached Regulation Impact Statement.

 

The amending Regulations commence on the day after the day that they are registered on the Federal Register of Legislative Instruments.

 

1125076A


 

 

ATTACHMENT

 

Details of the Customs (Prohibited Imports) Amendment Regulations 2011 (No. 4)

 

Regulation 1 - Name of Regulations

 

Regulation 1 provides that the name of the amending Regulations is the Customs (Prohibited Imports) Amendment Regulations 2011 (No. 4).

 

Regulation 2 - Commencement

 

Regulation 2 provides that the amending Regulations commence on the day after they are registered.

 

Regulation 3 - Amendment

 

Regulation 3 provides that Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

 

Regulation 4 - Transitional

 

Regulation 4 provides that the Customs (Prohibited Imports) Regulations 1956, as in force immediately before the commencement of these Regulations, continue to apply in relation to:

a)                  a good imported before the commencement of these Regulations; and

b)                  a good imported on or after the commencement of these Regulations if the permission to import the good was granted before the commencement of these Regulations.

This means that a permission granted by the Minister under Regulation 4 of the PI Regulations before the proposed Regulations commence could be used in relation to the importation of the good to which that permission relates, after the proposed Regulation commences. The importation in such cases does not need to comply with the new regime.

 

Schedule 1 - Amendments

 

Item 1 - Regulation 3A

 

Item 1 substitutes the heading of regulation 3A with "Criteria for the purposes of provisions of regulations 4F and 4H relating to defence forces of certain overseas countries."

 

Regulation 3A sets out exemptions from import controls on certain weapons specified in regulation 4 if these weapons are imported by certain visiting defence forces. The new heading reflects that the import controls on the relevant weapons is now in regulation 4H.


 

Item 2 - Regulation 3A

 

Proposed Item 2 omits the reference to subregulations 4(1AAA) and 4F(2) and insert "subregulation 4F(2) and paragraph 4H(2)(a)." The new exemptions from the import controls on certain weapons for visiting defence forces are set out in new paragraph 4H(2)(a). The amendment merely updates the cross reference in regulation 3A to the new provision.

 

Item 3 - Regulation 3B

 

Item 3 substitutes the heading of regulation 3B with "Criteria for the purposes of provisions of regulations 4F and 4H relating to police forces of certain overseas countries."

 

Regulation 3B sets out exemptions from import controls on certain weapons specified in regulation 4 if these weapons are imported by certain visiting police forces. The new heading reflects that the import controls on the relevant weapons is now in regulation 4H.

 

Proposed Item 4 - Regulation 3B

 

Item 4 omits the reference to subregulations 4(1AAB) and 4F(2) and inserts subregulation 4F(2) and paragraph 4H(2)(b). The new exemptions from the import controls on certain weapons for visiting police forces is set out in new paragraph 4H(2)(b). The amendment merely updates the cross reference in regulation 3B to the new provision.

 

Proposed Item 5 - Regulation 3C

 

Item 5 substitutes the heading in regulation 3C with "Criteria for the purposes of provisions of regulations 4F and 4H relating to air security officers"

 

Regulation 3C sets out exemptions from import controls on certain weapons specified in regulation 4 if these weapons are imported by air security officers. The new heading reflects that the import controls on the relevant weapons is now in regulation 4H.

 

Proposed Item 6 - Subregulation 3C(1)

 

Item 6 omits the reference to subregulations 4(1AAC) and (3) and 4F(2B) and insert subregulations 4(3) and 4F(2B) and paragraph 4H(2)(c). The new exemptions from the import controls on certain weapons for visiting police forces are set out in new paragraph 4H(2)(c). The amendment merely updates the cross reference in regulation 3C to the new provision.

 

Proposed Item 7 - Subregulation 4(1)

 

Item 7 omits "Subject to subregulations (1AAA), (1AAB) and (1AAC), the" and inserts "The". These subregulations set out those goods that are subject to the exemptions under regulations 3A, 3B and 3C.  As the relevant goods have been moved to new regulation 4H, the references to these subregulations in regulation 4 have been removed.

 

 

 

 

Item 8 - Subregulations 4(1AAA), (1AAB) and (1AAC)

 

Item 8 omits subregulations (1AAA), (1AAB) and (1AAC).  These subregulations set out those goods that are subject to the exemptions under regulations 3A, 3B and 3C. As the relevant goods have been moved to new regulation 4H, these subregulations in regulation 4 have also been removed.

 

Item 9 - Subregulation 4F(4) - definition of firearm

 

Item 9 omits the reference to the application of item 8 of Schedule 2 and insert "item 1 of Part 2 of Schedule 13 applies;" Currently, the definition of "firearm" in regulation 4F of the PI Regulations excludes goods listed in item 8 of Schedule 2 (certain warfare items). The goods listed in item 8 of Schedule 2, which currently require Ministerial permission in order for importation to take place, has been moved to item 1 of Part 2 of Schedule 13.  This amendment merely updates the cross reference in subregulation 4F(4) to the correct new item.

 

Item 10 - New Regulation 4H

 

Item 10 inserts new regulation 4H immediately after regulation 4G.

 

New subregulation 4H(1) prohibita the importation into Australia of a weapon or weapon part of the kind mentioned in an item in Part 2 of Schedule 13 unless the importation is in accordance with the requirements set out in the item.

 

New subregulation 4H(2) provides that new subregulation 4H(1) does not apply to the following goods:

(a)                all items listed in Part 2 of Schedule 13 and which meet the criteria set out in regulation 3A.

(b)               body armour and batons which meet the criteria set out in regulation 3B;

(c)                goods that are specified in items 2, 3, 5, 6, 12, 14, 16, 20, 23, 24, 26, 27, 29, 33, 42 or 41 of Part 2 of Schedule 13 and which meet the criteria set out in subregulation 3C(1).

 

This subregulation replicates the exemptions that apply under current regulation 4 in relation to the relevant goods listed in each of the paragraphs when imported by visiting defence forces (subregulation 3A), visiting police officers (subregulation 3B) and air security officers (subregulation 3C).

 

New regulation 4H(3) provides that permission granted by the Minister or an authorised person under any of the statutory tests listed in Part 1 of Schedule 13 may specify:

(a)          conditions or requirements to be complied with by the holder of the permission; and

(b)         when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the good to which the permission relates.

 

This subregulation replicates the provisions of existing subregulation 4(1A).

 

New regulation 4H(4) provides that the importation of a weapon or weapon part should be subject to the conditions (if any) set out in Part 3 of Schedule 13, that relate to the importation.

 

Item 11 - Schedule 2 items

 

Item 11 omits the following items listed in Schedule 2 (and replicates them in new Schedule 13): items 8, 9, 12, 13, 14, 18, 18A, 18B, 18C, 18D, 19, 19A, 20, 21, 22, 23, 29A, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48.

 

Item 12 - New Schedule 13 - Requirements for the importation of certain weapons and weapon parts (regulation 4H)

 

Item 12 inserts a new Schedule 13 immediately after Schedule 12.

Part 1 - Tests

Part 1 of new Schedule 13 sets out the following statutory tests, detailing the compliance requirements for the importation of certain weapons and weapon parts. Each of these tests (except the police certification test) provides, among other things, that if an authorised person forms an opinion that permission should not be granted:

(a)          the authorised person must refer the application for a permit under the relevant statutory test to the Minister; and

(b)         the Minister may grant or refuse to grant the permission.

 

Test 1 - Official purposes test

 

The official purposes test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, written permission of the Minister or an authorised person.

 

The Minister, or authorised person may give written permission for the importation of the good, only if the Minister or authorised person is satisfied that:

a)      the good is for the purposes of the government of the Commonwealth, a State or Territory; and

b)      the ownership arrangements for the good are or will be in accordance with the table specified in subitem 1.5; and

c)      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used- the importer holds a licence or authorisation of that kind.

 

Examples of a good which may be imported under the official purposes test include:

a)      a good to be supplied to the government under a contract in force when the good is to be imported; and

b)      a good to be shown to the government to demonstrate its uses; and

c)      a good that the government propose to inspect, test or evaluate; and

d)     a good that the government proposes to use for training; and

e)      a good that has been given or donated to the government; and

f)       a good that is to be consumed or destroyed in the course of testing related to a contract with the government of the Commonwealth, a State or Territory.

 

The following table sets the ownership arrangements which attach to a good for the purposes of subitem 1.5.

 

Table

Item

Article

Ownership arrangements

1

A good that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract.

Either:

(a)    the government must own the good at the time of importation, and must retain ownership; or

(b)   the government must intend to acquire ownership of the good in a period that the Minister considers appropriate (to be specified in the Minister's permission), and must retain ownership.

 

2

A good that:

(a)          is to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses; or

(b)         the government of the Commonwealth, a State or a Territory proposes to inspect, test, evaluate or use for training; or

(c)          is to be consumed or destroyed in the course of testing related to a contract with the government; or

(d)         is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory.

The good may be owned by any person.

 

 

3

A good that has been given or donated to the government of the Commonwealth, a State or a Territory.

All of the following:

(a)          the good must have been given or donated to the government before importation;

(b)         the government must own the good at the time of importation;

(c)          the government must retain ownership.

 

4

Any other good.

(a)          The government must:
own the good at the time of importation; and

(b)         retain ownership.

 

Test 2 - Specified purposes test

 

The specified purposes test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person, may give written permission if the Minister, or authorised person, is satisfied that:

(a)          the good:

                                                              i.      is of a type not available in Australia; and

                                                            ii.      is to be used in connection with the production of a film;

                                                          iii.       if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used- the importer holds a licence or authorisation of that kind; and

                                                          iv.      is not being imported for use in an advertisement, a music video or another type of film promoting music or a product; or

(b)         the good is ammunition or a component of ammunition, (other than ammunition or a component of ammunition mentioned in Schedule 6) to be imported in the following circumstances:

                                                              i.      the ammunition, or the component of ammunition, is to be imported as part of a contract to which Australia is a party;

                                                            ii.      the person made the contract with the intention of supplying the ammunition, or the component of ammunition, to a person outside Australia, in a manner that will not contravene Australia's international obligations;

                                                          iii.      the contract will be in force when the ammunition, or the component of ammunition, is to be imported;

                                                          iv.      the Minister for Defence, or a person authorised for Regulation 13E of the Customs (Prohibited Exports) Regulations 1958 (the PE Regulations), has stated in writing, that a licence or permission to export the ammunition, or the component of ammunition, will be granted under that regulation; or

(c)          the good is to be imported in the following circumstances:

                                                              i.      the good is to be imported for repairs, modification or testing, or for use in training, research or development, in a State or Territory;

                                                            ii.      the good is to be imported under a contract in force with:

1.      the government of the Commonwealth, a State or a Territory; or

2.      the government of a country other than Australia; or

3.      the United Nations.

                                                          iii.      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory where the goods is to be repaired, modified or tested, or used in training, research or development- the importer holds a licence or authorisation of that kind;

                                                          iv.      if regulation 13E of the PE Regulations applies to the export of the good - the Minister for Defence, or a person authorised under regulation 13E of the PE Regulations has stated, in writing, that a licence or permission to export the good after the repairs, modification or testing, or use in training, research or development, will be granted under that regulation; or

(d)         the good is to be imported in the following circumstances:

                                                              i.      the good is to be imported only for transhipment to another country;

                                                            ii.      if regulation 13E of the PE Regulations applies - the Minister for Defence or a person authorised for regulation 13E of the PE Regulations, has granted a licence or permission to export the good; or

(e)          the good is to be imported in the following circumstances:

                                                              i.      the good is to be imported for use in a sanctioned activity (which is defined in Part 4 of Schedule 13);

                                                            ii.      the good is owned by the defence or police force of another country;

                                                          iii.      the good is to be imported by:

1.      the defence or police force that is the owner of the good; or

2.      a member of that defence or police force to whom the good has been issued;

                                                          iv.      the defence or police force has been invited to participate in the sanctioned activity;

                                                            v.      if regulation 13E of the PE Regulations applies to the export of the good - the Minister for Defence, or a person authorised under regulation 13E of the PE Regulations, has stated, in writing, that a licence or permission to export the good will be granted under that regulation; or

(f)          the good is to be imported in the following circumstances:

                                                              i.      the importer's principal or sole occupation is the business of researching or developing weapons technology or other defence and law enforcement related products;

                                                            ii.      the importer has a proven history of developing or producing weapons technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;

                                                          iii.      if the importer is required to hold a licence or authorisation to possess the good for research or development purposes in the State or Territory in which the good is to be used- the importer holds a licence or authorisation of that kind;

                                                          iv.      the good:

1.      is being imported for the completion of a specific project or tender; and

2.      will be allowed to remain in the country for a specified period of time, commensurate with the project or tender; and

3.      will be exported or destroyed once that period of time has expired:

                                                            v.      if regulation 13E of the PE Regulations applies to the export of the good - the Minister for Defence, or a person authorised under regulation 13 of the PE Regulations, has stated, in writing, that a licence or permission to export the good after the use in research or development will be granted under that regulation;

                                                          vi.      the Minister is satisfied that the god will be secured appropriately in Australia.

 

Examples of a film include a cinematograph film, a film or documentary made specifically for television, DVD or other electronic media and a television program or series. This is not an exhaustive list of examples.

 

Test 3 - Specified person test

 

The specified person test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person, may give written permission only if:

a)      for a good mentioned in item 41 of Part 2 of Schedule 13 (body armour, protective jackets, protective vests, protective suits, anti-ballistic goods or any other similar goods):

i.        the good is imported for use in the importer's employment;

ii.      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed- the importer holds a licence or authorisation of that kind;

iii.    the good will be secured appropriately in Australia;

iv.    the quantity imported is for personal use; or

b)      for a good mentioned in item 42 of Part 2 of Schedule 13 (extendable or telescopic batons, designed or adapted so that the length of the baton extends by gravity, or centrifugal force or pressure applied to a spring, button of device in or attached to the handle of the baton), the Minister is satisfied of the following:

i.        the importer's principal or only occupation is as a licensed security guard;

ii.      the good is imported for use in the importer's employment;

iii.    if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed- the importer holds a licence or authorisation of that kind;

iv.    the good will be secured appropriately in Australia;

v.      the quantity is for personal use; or

c)      for a good mentioned in item 44 of Part 2 of Schedule 13 (hand-held goods, commonly known as laser pointers, designed or adapted to emit a laser beam with an accessible emission level of greater than 1mW), the Minister is satisfied of the following:

i.        the importer has a legitimate use for the good;

ii.      the good will be imported for this legitimate use;

iii.    if the good is imported for sale and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind;

iv.    if the good is imported for use by the importer, the quantity is for this personal use and if the importer is required to hold a licence or authorisation to use the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind; and

v.      the good will be secured appropriately in Australia.

 

Test 4 - Dealer test

 

The dealer test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person, may give written permission if satisfied that:

a)      if the importer is required to hold a licence or authorisation to deal in the goods in the State or Territory in which the importer lives - the importer holds this licence or authorisation;

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

i.        the good is to be used by the importer for demonstration purposes or for inspection, testing or evaluation purposes; and

ii.      the importation will not result in the importer having in Australia more than one of a particular model of a good imported for demonstration or testing purposes, or more than a total of 5 goods that have been imported for demonstration or testing purposes.

 

Test 5 - Returned goods test

 

The returned goods test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person may give written permission only if satisfied:

a)      that:

i.        if regulation 13E of the Customs PE Regulations applied when previously exported, the good had previously been exported in accordance with a licence or permission under Regulation 13E of the Customs PE Regulations; and

ii.      if Regulation 13E did not apply to the good when previously exported, that the imported has provided evidence that the good had previously been lawfully exported; and

iii.    the last importation (if any) of the good before the export was lawful and not subject to a condition that the good was to be exported after importation; and

iv.    the good has not been modified since the export; and

v.      if the good was previously exported in a deactivated condition - the good has not been reactivated since the export; and

vi.    if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind; or

b)      that:

i.        a licence or permission to export the good under Regulation 13E of the Customs PE Regulations is in force but the good has not been exported; and

ii.      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind.

 

The returned goods test also provides clarification that the meaning of modified does not include repair. This means that a good may be sent away for repairs.


Test 6 - Police certification test

 

The police certification test provides that the importation of a good complies with the test if the importer of the good has been given a statement in an approved form by a relevant police officer to the effect that:

a)      the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the good; or

b)      a licence or authorisation is not required under the law of the relevant State or Territory.

 

Test 7 - Collectors and non-government museum test

 

The collectors and non-government museum test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person may give written permission if satisfied that:

a)      the good is inert and has been deactivated;

b)      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind;

c)      the good will be secured appropriately in Australia.

 

The standards applicable to this test in relation to deactivation are set out in the Customs and Border Protection Guide on Deactivating Warfare Items.

 

Test 8 - Historical items test

 

The historical items test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person.

 

The Minister, or authorised person may give written permission if satisfied that:

a)      the good has historical significance as a pre 1900 weapon;

b)      the value and condition of the good would preclude it from being used as a functional weapon;

c)      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind;

d)     the importer is a current member of a historical club or association for goods of the type being imported;

e)      the good will be secured appropriately in Australia.


 

Test 9 - Public interest test

 

The public interest test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister.

 

The Minister may give written permission if satisfied of the following:

a)      it is in the public interest to allow the good to be imported;

b)      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind;

c)      the good will be secured appropriately in Australia.

 

Test 10 - National interest test

 

The national interest test provides that the importation of a good complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister.

 

The Minister may give written permission if satisfied of the following:

a)      it is in the national interest to allow the good to be imported;

b)      if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives- the importer holds a licence or authorisation of that kind;

c)      the good will be secured appropriately in Australia.

 

Neither the public interest test nor the national interest test is intended for to be used in relation to the granting of import permissions for private or personal collections.

 

Part 2 - Requirements for specified weapons and weapon parts

 

Part 2 of new Schedule 13 sets out the importation requirements/statutory tests which must be satisfied for the following non-firearms weapons and non-firearms weapons parts.

 

Item 1 - Equipment designed or adapted for warfare

 

The importation of equipment designed or adapted for warfare needs to comply with at least one of the official purposes test, specified purposes test, dealer test, collectors and non government museum test, returned goods test, or public interest test or the national interest test.

 

This item replicates current item 8.

 

In addition, this item includes an express control covering military vehicles within the scope of equipment designed or adapted for warfare.

 

This item also exempts goods known as "trench art" from requiring import permission. However, not all trench art are exempt from import controls. This is because some items may still have operable parts or components that are subject to import controls, because they may be able to be restored to their original use or purpose. For example gluing or soldering a collection of components of ammunition into a pattern or figure (such as a tank or horse) would not constitute trench art as these items if dismantled would still remain in an operable state. Similarly a grenade body attached to a base or stand may not be treated as trench art - as the item remains in a potentially operable state. However, an inert artillery shell casing that has been finely engraved or cut or shaped into a new item (such as a vase or a jug) is considered trench art and exempt from import permit controls.

 

Item 2 - Daggers or similar devices

 

The importation of daggers or similar devices needs to comply with at least one of the official purpose test, specified purposes test, dealer test, returned goods test or the police certification test.

 

This item replicates current item 9 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 3 - Hand-held electric shock devices

 

The importation of hand-held electric shock devices (except for those listed below) needs to comply with at least one of the official purposes test, specified purposes test, dealer test, returned goods test, national interest test or the public interest test.

 

This item 3 replicates current item 12 and the coverage of the import controls imposed on this item remains unchanged.

 

The following items are expressly excluded from the importation requirements relating to this item 3, hand held electric shock devices:

(a)          cattle prods designed exclusively for use with animals;

(b)         bug zappers with:

                                                              i.      a storage capacity not exceeding 6 volts; and

                                                            ii.      the electrified grid shielded to prevent contact with the live component;

(c)          novelty shock devices powered by a storage battery capacity not exceeding 6 volts.

 

Item 4 - Parts for hand-held electric devices

 

The importation of parts for hand-held electric shock devices described in item 3 needs to comply with at least one of the official purposes test, specified purposes test, dealer test, returned goods test, the national interest test or the public interest test.

 

This item 3 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. This item 4 is subject to the same import requirements as item 3 (a fully constructed hand-held electric shock device).

 

Item 5 - Acoustic anti-personnel devices

 

The importation of acoustic anti-personnel devices needs to comply with at least one of the official purposes test, specified purposes test, dealer test, returned goods test, national interest test or the public interest test.

 

This item replicates current item 13 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 6 - Hand-held battery operated devices designed to discharge a gas or liquid

 

The importation of hand-held battery operated devices designed to discharge a gas or liquid needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the public interest test.

 

This item replicates current item 14 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 7 - Blow-guns or blow-pipes capable of projecting a dart

 

The importation of blow-guns or blow-pipes capable of projecting a dart needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the police certification test.

 

This item replicates current item 18 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 8 - Darts capable of being projected from a blow-gun or blow-pipe or similar device

 

The importation of darts capable of being projected from a blow-gun or blow-gun needs to comply with at least one of the official purposes test, specified purposes test, dealer test, returned goods test or police certification test.

 

This item replicates current item 18A and the coverage of the import controls imposed on this item remains unchanged.

 

Item 9  - Nunchakus

 

The importation of nunchakus needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the police certification test.

 

This item replicates current item 18B and the coverage of the import controls imposed on this item remains unchanged.

 

Item 10 - Crossbows

 

The importation of crossbows needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the police certification test.

 

This item replicates current item 18C and the coverage of the import controls imposed on this item remains unchanged.

 

 

 

 

 

Item 11 - Parts for crossbows to which item 10 applies

 

The importation of parts for crossbows to which item 10 applies needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the police certification test.

 

This item 11 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 11 is subject to the same import requirements as item 10 (a fully constructed crossbow).

 

Item 12 - Ballistic knives or knives that discharge a blade as a projectile

 

The importation of ballistic knives or knives that discharge a blade as a projectile needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, national interest test or the public interest test.

 

This item replicates current item 18D and the coverage of the import controls imposed on this item remains unchanged.

 

Item 13 - Parts for ballistic knives or knives that discharge a blade as a projectile

 

The importation of parts for ballistic knives or knives that discharge a blade as a projectile needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, national interest test or the public interest test.

 

This item 13 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 13 is subject to the same import requirements as item 12 (fully constructed ballistic knives or knives that discharge a blade as a projectile).

 

Item 14 Automatic  knives

 

The importation of automatic knives including but not limited to knives commonly known as flick knives needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the public interest or the national interest test.

 

The definition of this item is amended to clarify the intention of terms used to describe the different opening methods of the various knives with deployable blades.

 

The amended definition provides: "automatic knives that have a blade folded or recessed into the handle which are designed or adapted to open automatically by pressure applied to any spring, device, stud or button in or attached to the handle or the blade of the knife, including but not limited to knives commonly known as flick knives, switch blades, assisted opening knives or flipper knives."

 

The scope of the definition remains unchanged.

 

See also item 16.

 

Item 15 - Parts for automatic knives commonly known as flick knives

 

The importation of parts for automatic knives covered by item 14 needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the public interest or the national interest test.

 

This item 15 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 15 is subject to the same import requirements as item 14.

 

Item 16 - Single handed opening knives

 

The importation of single handed opening knives being knives that have a blade folded or recessed into the handle which is capable of being opened by gravity, inertia or centrifugal force, needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

Items 14 and 16 replicate current item 19 and the coverage of the import controls imposed on these items remains unchanged.

 

The scope of the definition remains unchanged, but clarifies the intention of terms utilised to describe the opening methods of the various knives with deployable blades, including:

(a)          a knife that opens through the use of inertia and or centrifugal force. This is intended to cover knives where the blade of the folding knife may be fully opened with the flick or double-action of the wrist.  The requirement for some skill to release the blade into a fully opened position utilising centrifugal or inertial force is not intended to preclude a knife from being a classified as a single handed opening knife. 

(b)         a knife that opens through the use of gravity.  This is intended to cover knives which may be opened by force of gravity. The knife may be additionally controlled by a lever or button, but typically, applying pressure to such a device and pointing the knife downward will result in the knife's blade releasing and locking into place.

 

Item 17 - Parts for single handed opening knives

 

The importation of parts for single handed opening knives covered by item 16 needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

This item 17 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 17 is subject to the same import requirements as item 16.

 

Item 18 - Knuckle-dusters or similar devices that can be fitted over the knuckles of the hand

 

The importation of knuckle-dusters or similar devices that can be fitted over the hand of the user needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test, national interest test or the public interest test.

 

This item 18 replicates current item 19A and the coverage of the import controls imposed on these items remains unchanged.

 

Item 19 - Gloves or similar coverings for the hand designed to puncture or bruise the skin

 

The importation of gloves or similar coverings for the hand designed to puncture or bruise the skin needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

This item 19 replicates current item 20 and the coverage of the import controls imposed on these items remains unchanged.

 

Item 20 - Goods incorporating a concealed knife, blade or spike or similar

 

The importation of goods incorporating a concealed knife, blade or spike or similar, needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

This item 20 replicates current item 21 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 21 - Hunting slings, catapults or sling shots

 

The importation of hunting slings, catapults or sling shots needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

This item 21 replicates current item 22 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 22 - Parts for hunting slings, catapults or sling shots described in item 21

 

The importation of parts for hunting slings, catapults or sling shots described in item 21 needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test or the public interest test or the national interest test.

 

This item 22 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 22 is subject to the same import requirements as item 21 (fully constructed hunting slings, catapults or sling shots).

 

Item 23 - Star knives or similar devices

 

The importation of star knives or similar devices needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test or the police certification test.

 

This item 23 replicates current item 23 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 24 - Sheath knives or similar devices

 

The importation of sheath knives or similar devices needs to comply with at least on of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 24 replicates current item 35 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 25 - Parts for sheath knives or similar devices described in item 24

 

The importation of parts for sheath knives or similar devices described in item 24 needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 25 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 25 is subject to the same import requirements as item 24 (fully constructed sheath knives or similar devices).

 

Item 26 - Push knives or similar devices

 

The importation of push knives or similar devices needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 26 replicates current item 36 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 27 - Trench knives or similar devices that consist of a single-edged or multi-edged blade or spike

 

The importation of trench knives or similar devices that consist or a single-edged or multi-edged blade or spike needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 27 replicates current item 37 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 28 - Parts for trench knives or similar devices described in item 27

 

The importation of parts for trench knives or similar devices that consist or a single-edged or multi-edged blade or spike needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods, the national interest test or the public interest test.

 

This item 28 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 28 is subject to the same import requirements as item 27 (fully constructed trench knives or similar devices that consist of a single-edged or multi-edged blade or spike).

 

Item 29 - Throwing blades, throwing knives or throwing axes

 

The importation of throwing blades, throwing knives or throwing axes needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test or the police certification test.

 

This item 29 replicates current item 38 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 30 - Knives, blades or spikes which are neither metallic nor ceramic, other than plastic cutlery

 

The importation of knives, blades or spikes which are neither metallic nor ceramic, other than plastic cutlery needs to comply with at least one of the official purposes test, specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 30 replicates current item 39 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 31 - Hand or foot claws made or modified to be attached to or worn on the hands or feet

 

The importation of hand or foot claws made or modified to be attached to or worn on the hands or feet needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 31 replicates current item 40 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 32 - Weighted gloves or similar goods (including a fingerless glove) designed to be used as a weapon

 

The importation of weighted gloves or similar goods (including a fingerless glove) designed to be used as a weapon needs to comply with at least on of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 32 replicates current item 41 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 33 - Butterfly knives, balisongs or other devices that consist of a single-edge or multi-edged blade or spike

 

The importation of butterfly knives, balisongs or other devices that consist of a single-edge or multi-edged blade or spike needs to satisfy at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 33 replicates current item 42 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 34 - Parts for butterfly knives, balisongs or other devices described in item 33

 

The importation of parts for butterfly knives, balisongs or other devices described in item 33 needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 34 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 34 is subject to the same import requirements as item 33 (fully constructed butterfly knives, balisongs or other devices that consist of a single edge or multi-edged blade or spike).

 

Item 35 - Shark darts or similar devices designed to expel on or after contact, a gas or other substance capable of causing bodily harm

 

The importation of shark darts or similar devices designed to expel on or after contact, a gas or other substance capable of causing bodily harm needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 35 replicates current item 43 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 36 - Parts for shark darts or similar devices designed to expel on or after contact, a gas or other substance capable of causing bodily harm

 

The importation of parts for shark darts or similar devices designed to expel on or after contact, a gas or other substance capable of causing bodily harm needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 36 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 36 is subject to the same import requirements as item 35 (fully constructed shark darts or similar devices designed to expel on or after contact, a gas or other substance capable of causing bodily harm).

 

Item 37 - Dart projectors known as 'darchery dartslingers' or similar devices designed to project a dart by means of an elastic band

 

The importation of dart projectors known as 'darchery dartslingers' or similar devices designed to project a dart by means of an elastic band needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 37 replicates current item 44 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 38 - Parts for dart projectors or similar devices described in item 37

 

The importation of parts for dart projectors known as 'darchery dartslingers' or similar devices designed to project a dart by means of an elastic band needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 38 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 38 is subject to the same import requirements as item 37 (fully constructed dart projectors known as 'darchery dartslingers' or similar devices designed to project a dart by means of an elastic bow).

 

Item 39 - Maces or similar goods other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions

 

The importation of maces or similar goods other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the historical items test, the national interest test or the public interest test.

 

This item 39 replicates current item 45 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 40 - Flails or similar goods consisting of a staff or handle that has fitted to it a freely swinging striking part armed with spikes or studded with any protruding matter

 

The importation of flails or similar goods consisting of a staff or handle that has fitted to it a freely swinging striking part armed with spikes or studded with any protruding matter needs to comply with at least one of the official purposes test, the specified purposes test, the dealer test, the returned goods test, the historical items test, the national interest test or the public interest test.

 

This item 40 replicates current item 46 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 41 - Body armour, protective jackets, protective vests, protective suits, anti-ballistic goods or similar

 

The importation of body armour, protective jackets, protective vests, protective suits, anti-ballistic goods or similar needs to comply with at least one of the official purposes test, the specified purposes test, the specified person test, the dealer test, the returned goods test, the historical items test, the national interest test or the public interest test.

 

This item 41 replicates current item 29A and the coverage of the import controls imposed on this item remains unchanged.

 

 

 

Item 42 - Extendable or telescopic batons

 

The importation of extendable or telescopic batons needs to comply with at least one of the official purposes test, the specified purposes test, the specified person test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 42 replicates current item 47 and the coverage of the import controls imposed on this item remains unchanged.

 

Item 43 - Parts for extendable or telescopic batons

 

The importation of parts for extendable or telescopic batons needs to comply with at least one of the official purposes test, the specified purposes test, the specified person test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 43 is a new item. Regulation 4 and Schedule 2 to the PI Regulations currently do not control the importation of parts for non firearms weapons. Under the proposed new importation regime, this item 43 is subject to the same import requirements as item 42 (fully constructed extendable or telescopic batons).

 

Item 44 - Hand-held goods, commonly known as laser pointers

 

The importation of hand-held goods commonly known as laser pointers needs to comply with at least on of the official purposes test, the specified purposes test, the specified person test, the dealer test, the returned goods test, the national interest test or the public interest test.

 

This item 44 replicates current item 48 and the coverage of the import controls imposed on this item remains unchanged.

 

Part 3 - Conditions relating to the importation of certain weapons and weapon parts

 

Part 3 of new Schedule 13 sets out the following conditions relating to the importation of certain weapons in accordance with the various statutory tests.

 

Item 1 - Official Purposes Test

 

1.1              In relation to the importation of a good to be supplied to the government under a contract:

(a)          if the government does not acquire ownership of the good in the period, after importation, mentioned in the Minister's permission, the importer must export the good as soon as practicable;

(b)         the importer must comply with any condition or requirement specified, in relation to the good, in the Minister's permission.

 

1.2              In relation to the importation of a good to be shown to the government of the Commonwealth, a State or Territory to demonstrate its uses:

(a)          unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the Minister's permission, the importer must export the goods as soon as practicable;

(b)         the importer must comply with any condition or requirement specified, in relation to the good, in the Minister's permission.

 

1.3              In relation to the importation of a good that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate:

(a)          unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the Minister's permission, the importer must export the good as soon as practicable;

(b)         the importer must comply with any condition or requirement specified, in relation to the good, in the Minister's permission.

 

1.4              In relation to the importation of a good that the government of the Commonwealth, a State or Territory proposes to use for training:

(a)          unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the Minister's permission, the importer must export the good as soon as practicable;

(b)         the importer must comply with any condition or requirement specified, in relation to the good, in the Minister's permission.

 

1.5              In relation to the importation of a good that is to be exhibited at a museum by the government of the Commonwealth, a State or Territory:

(a)          the good must be exported within the period, after importation, mentioned in the Minister's permission;

(b)         the importer must comply with any condition or requirement specified, in relation to the good, in the Minister's permission.

 

Item 2 - Specified Purposes Test

 

The importation of a good in accordance with the specified purposes test is subject to the condition that the importer of the good must:

(a)          unless the good has been destroyed, export the good with the period, after importation, mentioned in the Minister's permission; and

(b)         comply with any condition or requirement specified, in relation to the good, in the permission.

 

Item 3 - Dealer Test

 

The importation of a good, in accordance with the dealer test, is subject to the following conditions:

(a)          the importer must not sell the good except to a certified buyer, as defined in Part 4 of Schedule 13;

(b)         if the importer has stated that the importation of the good is for demonstration or testing purposes:

                                                              i.      the importer must not use the good except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes, during the period, after importation, mentioned in the Minister's permission; and

                                                            ii.      the importer must retain ownership and possession of the good, during the period, after importation, mentioned in the Minister's permission, unless the good is exported or destroyed; and

                                                          iii.      the importer must, after the period mentioned in the Minister's permission:

1.      retain the good for the purpose of demonstrating its uses for inspection; or

2.      export the good; or

3.      destroy the good; or

4.      deal with the good in accordance with paragraph (a) (ie by selling the good to a certified buyer).

 

Part 4 - Interpretation

 

Part 4 of new Schedule 13 sets out the following definitions for the purposes of Schedule 13:

 

Item 1 - Meaning of authorised person

 

Authorised person means a person authorised, in writing by the Minister for the purposes of this Schedule.

 

Item 2 - Meaning of certified buyer

 

For the purposes of Schedule 13, a person is a certified buyer if the Minister or an authorised person certifies, in writing, that the Minister or authorised person is satisfied that:

(a)          the person intends to buy the good from a person who is licensed to deal with the good; and

(b)         the good is for the purposes of the government of the Commonwealth, or a State or Territory; and

(c)          the government will retain ownership of the good after buying it.

 

 

 

Item 3 - meaning of sanctioned activity

 

For the purposes of Schedule 13, a sanctioned activity means:

(a)          a law enforcement-sanctioned activity within the meaning given by item 9 of Part 4 of Schedule 6 which means an activity approved as a law enforcement sanctioned activity by:

                                                              i.      the Commissioner of the Australian Federal Police; or

                                                            ii.      the Deputy Commissioner of the Australian Federal Police; or

                                                          iii.      the Commissioner of the police force of a State or Territory; or

                                                          iv.      a Deputy Commissioner of the police force of a State or Territory; or

                                                            v.      the Secretary of the Attorney-General's Department; or

                                                          vi.      a Deputy Secretary of the Attorney-General's Department; or

(b)         a defence-sanctioned activity within the meaning given by item 8 of Part 4 of Schedule 6, which means an activity approved by a Service Chief of the Australian Defence Force or a Deputy Secretary of the Department of Defence.

 

 


 

 

 

 

 

 

REGULATION IMPACT STATEMENT:

 

 

'SHARPENING OUR APPROACH TO

WEAPONS CONTROLS'

 

 

Amendments to the
Customs (Prohibited Imports)
Regulations 1956

 

 

November 2011


 

 

 

 

 

 

 

 

 

 

 

This Regulation Impact Statement has been developed by the Australian Customs and Border Protection Service (Customs and Border Protection) in consultation with the Firearms and Weapons Policy Working Group (which includes representatives from all State and Territory Police forces), and the Attorney-General's Department.

These three bodies have primary responsibility for policy and operational matters relating to the regulation of firearms and weapons in Australia.

© Commonwealth of Australia 2011

 

This work is copyright.  Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth.  Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General's Department, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca

Index

 


Index  2

Purpose  5

The Election Commitment 5

Existing Regulatory arrangements for weapons  6

State and Territory Regulation  7

Commonwealth regulation  7

Obtaining Permission to Import 7

Flow chart:  Current process for importing a weapon listed in the PI Regulations. Error! Bookmark not defined.

The Government's proposal for change  10

Objective  10

New requirement:  evidence of legitimate end-use  10

Why change the existing arrangements?  11

Use of weapons in violent crime  11

Availability of weapons  13

Administrative issues  14

Implementation  14

Impact analysis  15

Impact on the community  15

Impact on business  16

Impact on government administration / regulation  17

Public Consultation  19

Feedback from the Public Consultation Process  20

Import Tests for Prohibited (higher risk) weapons  21

Streamlined importation of lower risk weapons (Controlled Weapons) 22

Military collectors, Military re-enactors and Historic weapons collection  22

Flick knives and similar devices  23

Conclusion  25

Election Commitment: 26

Sharpening our approach to Weapons Controls  26

State and Territory Regulation  28

Current process for applying for import permission  30

Current Permission Forms: 31

Sample import permit: 34

Proposed 'Prohibited Weapons': 35

Weapons imported with permission: 41

'Prohibited Weapons' to be subject to specific tests: 43

'Controlled Weapons' to new schedule 13: 49

Single handed opening knives  50


Purpose

In the lead up to the Federal Election 2010, the Government announced that it would implement tougher weapons controls across all States and Territories.

In May 2011, the Australian Customs and Border Protection Service issued a consultation paper on the proposed arrangements for the implementation of the Government's election commitment.  Submissions on that consultation paper were invited from importers, Customs brokers, retailers of weapons and other interested stakeholders and community groups.

Following a six week consultation period, Customs and Border Protection had received a total of 56 submissions in response to the consultation paper. 

This Regulation Impact Statement (RIS) summarises the outcomes of the consultation process, and has been prepared consistent with Australian Government requirements to assess the impact of regulatory proposals on business and the community[1].

The Election Commitment

On 29 July 2010, the Minister for Home Affairs, the Hon Brendan O'Connor announced that, if the Australian Labor Party was re-elected, stricter controls would be imposed on the importation of a range of weapons (such as flick knives, electronic shock devices and some warfare items) that have no legitimate domestic or commercial use in Australia.  In the future, individuals wishing to import these items will have to demonstrate a legitimate use for them, before they will be allowed to bring them into Australia.

In addition, in early July 2010, all State and Territory Police Ministers agreed to review existing weapons legislation, with a view to ensuring Australia has nationally consistent legislation in place to ensure only legitimate end-users can possess and use certain weapons.  A copy of the press release announcing the Government's policy is at Attachment A.

In announcing the Government's intention to strengthen Australia's controls on weapons, the Minister, the Hon Brendan O'Connor MP stated:

 "Stopping dangerous weapons from entering our community is a serious business ... .."

"Under the new approach, stricter controls will be imposed on a range of weapons with no legitimate domestic or commercial use in Australia ... ."


Existing Regulatory arrangements for weapons

In Australia, responsibility for weapons matters is shared between the Commonwealth, State and Territory Governments.

The Commonwealth is responsible for matters relating to the import and export of weapons, while State and Territory Governments have responsibility for all matters relating to the possession and licensing of weapons, within their jurisdictions.

Currently, importers go through a two step process to get permission to bring weapons into Australia:

*         First, the importer seeks permission from the relevant State or Territory police department to possess the weapon.

*         Second, the importer provides evidence of the police permission when applying to Customs and Border Protection for permission to import the item.

Customs and Border Protection takes its community protection role very seriously.  We have a range of strategies in place to prevent undeclared weapons from entering Australia, including:

In addition, international passengers, crew and vessels are subject to risk assessment before they enter Australia. 

In the 2009 -10 financial year, Customs and Border Protection detained 36,849 weapons.  These weapons are only released if the importer can provide evidence that they have permission to import them, and penalties for non-compliance are severe.  For example, importing a flick knife or other weapon without permission can attract a penalty of up to $275,000 and 10 years imprisonment.

The penalties for non compliance will remain unchanged following the introduction of the revised import control.

State and Territory Regulation

All States and Territories have legislation governing the possession of weapons in the community.  These controls vary across jurisdictions and can require a person to be licensed; to have obtained an approval or permit from the relevant Police Commissioner or in some cases to simply have a lawful excuse to possess and use the prescribed weapons. 

Further information on the relevant legislation for each State and Territory is provided at Attachment B.

Commonwealth regulation

The Customs (Prohibited Imports) Regulations 1956[2] (the PI Regulations)  prescribe that certain types of weapons can only be imported with the permission of the Minister for Home Affairs (or an authorised person).  Currently, the power to give import permission is delegated to specific officials in the Australian Customs and Border Protection Service (Customs and Border Protection).

The PI Regulations cover goods such as warfare items, various bladed weapons, hand to hand combat and martial arts weapons, incapacitation devices, concealable weapons, projectile devices, and security/law enforcement equipment. 

Obtaining Permission to Import

Entities may import these prohibited goods if they have written permission from the Minister for Home Affairs, or an authorised person, prior to the arrival of goods in Australia.

If the goods are for use by the Commonwealth, state or territory government or a government of another country organisations may provide evidence of end-use on a 'B711 Form - End/Owner Assurance' form along with an application for permission to import Schedule 2 and 3 weapons.  Customs and Border Protection will verify that the goods are being imported for official end user purposes.

Alternatively, if a B711 Form cannot be provided, or the goods are for private use, a B709B Form (issued by the relevant State or Territory Police department) is required to verify permission to possess the goods within the nominated jurisdiction.

Entities importing warfare goods for private use must ensure the goods have been rendered permanently inoperable and free from explosives before written permission will be considered. In most cases, warfare items must be sectioned.

A flow chart showing the current process for importing weapons listed in the PI Regulations is provided on the following page. Further details on the existing process for applying for import permission and relevant forms are provided at Attachment C.


Flow chart:  Current process for importing a weapon listed in the PI Regulations.

 

                    


The Government's proposal for change

The Government has announced that it will be adopting a more stringent approach to import controls for weapons.  Police Ministers in all States and Territories have agreed to this approach, and to review existing weapons legislation.

Objective

From the Election commitment announced on 29 July 2010, it is the government's intention to ensure that dangerous weapons with no lawful domestic uses are prevented from entering the Australian community.  This commitment will assist State and Territory jurisdictions in combating weapons related crimes on our streets.

As this proposal forms part of the government's election commitment, the Regulatory Impact Statement is not required to examine alternative options to this commitment.

New requirement:  evidence of legitimate end-use

Evidence of legitimate end-use will now be required before permission will be granted to possess or import some weapons, including knuckle dusters, certain items of warfare, electronic shock devices, flick knives and high powered laser pointers.  A list of the weapons subject to the new arrangements is provided at Attachment D.  These weapons will be known as 'Prohibited weapons'.

The intention is that these 'Prohibited weapons' will only be able to be imported and possessed by organisations or persons who can demonstrate legitimate end-use, such as the Australian Defence Force and law enforcement agencies, or State owned and operated or other 'recognised' museums, legitimate weapons manufacturers and other specified end-users.   For example, permission to import body armour would only be granted to the Australian Defence Force, law enforcement agencies and other specified persons such as Australian journalists required to report in conflict zones and security officers allowed to posses these articles within their jurisdiction.

Statutory end-user tests will be introduced into the Customs (Prohibited imports) Regulations 1956 to specify the organisations or persons allowed to import specific goods. These prohibited weapons can only be imported with the permission of the Minister for Home Affairs (or an authorised person) and will continue to be administered by Customs and Border Protection. This strict statutory approach currently exists in restricting the importation of fully automatic firearms to legitimate end-users through the application of an "official purposes test", "specified purposes test" and "specified person test".   

If the goods are for use by the Commonwealth, state or territory government or a government of another country organisations may provide evidence of end-use on a 'B711 Form - End User/Owner Assurance' form along with an application for permission to import Schedule 2 and 3 weapons.  Customs and Border Protection will continue to verify that the goods are being imported for official end user purposes.  Some goods that previously required evidence to possess by the production of a B709B - Police Confirmation will now be elevated to the End User/Owner Assurance.

This change will reduce the administrative burden on State and Territory police jurisdictions and has been warmly received by those agencies, who appreciate the Commonwealth taking a leading role in the import requirements for these goods.

State and Territory police jurisdictions have provided advice to the Commonwealth on the weapon types that will now be classified as 'prohibited' or 'controlled'. 

The import requirements for 'controlled' weapons have been streamlined under the proposed changes.  These 'controlled' weapons will be able to be imported where importers can provide police evidence to Customs and Border Protection that the importer is permitted to possess that weapon.  (A similar approach already exists in respect of the importation of certain firearms (such as bolt action rifles and air rifles) under a 'police certification test'.).

Controlled weapons currently go through the following two step process to obtain permission to bring weapons into Australia:

  1. The importer seeks permission from the relevant State or Territory police department to possess the weapon.
  2. The importer provides evidence of the police permission when applying to Customs and Border Protection for permission to import the item.

Following the legislative change importers need only follow the first step in obtaining State or Territory permission to possess the weapons within the relevant jurisdiction.  The police issued documentation will be surrendered to a Customs and Border Protection officer to gain release of the item at the border.

The requirement to apply to Customs and Border Protection for import permission will be removed for these items.

The regulatory amendment will only impact on newly imported weapons items.  Weapons currently possessed by individuals within the community will continue to be subject to State and Territory possession/use requirements.

Attachment E provides a revised Importer Fact sheet to advise on the new requirements.

Why change the existing arrangements?

 


Use of weapons in violent crime

Increasing reports of knife attacks have generated significant community concern about the availability of weapons, and their use in crime in our society.  Media articles commonly suggest that Australia is developing an emerging knife culture, with growing numbers of people carrying knives and other weapons on their person.

A wide range of official and other publications provide information on the incidence of violent crime in our community.  

In 2008, the Australian Institute of Criminology (AIC) presented data that Australians are more likely to be murdered with a knife than a gun.[3]   Weapons are not only used in homicides.  The Australian Bureau of Statistics (ABS) provides data on the use of weapons in a range of recorded crimes.[4]    In 2009, a weapon was used in 77% of attempted murders, with a knife the most common type of weapon used in several other types of serious offences. [5]

 

VICTIMS, Weapon used in commission of offence
Graph: VICTIMS(a), Weapon used in commission of offence

ABS data indicates that a significant number of offences (such as robberies or assault) go unreported.  Accordingly, the actual incidence of crime involving a weapon could be considerably higher than official statistics suggest.

While the data on the use of weapons in crime may vary from report to report, and data integrity and comprehensiveness remains an ongoing challenge, there appears to be a clear consensus that most violent crime is more likely to involve the use of a weapon, than a firearm.  Australia is not alone in this respect, with a similar trend being reported by the UK Home Affairs Committee.[6]

Given the increasing incidence of the use of weapons (particularly knives) in violent crime, the Government has decided that it will change the existing regulatory arrangements to:

*         reduce the number and availability of weapons in our community that have no legitimate end use;

*         reduce the capacity to obtain weapons that can be easily concealed; and

*         reduce the level of violent crime using a weapon.

Availability of weapons

While the use of weapons in violent crime is of growing concern, the Government has also indicated it is concerned about the ready availability of weapons in Australia.

Attachment F provides data on the number of weapons for which importers provided a valid Police approval to Customs and Border Protection, and for which import permits were granted to allow these weapons to be legally imported into Australia during 2008 and 2009.

Data on the total pool of weapons available in Australia (that is, subject to both domestic and import control) is not readily available.  Given the lack of information on weapons already in the community, it is not possible to give a clear indication of the 'accessibility' of these weapons (eg number of weapons per head of adult population).

One study that does shed some light on weapons availability is the 2006 Australian Institute of Criminology (AIC) report on the Australian experience with weapons, drugs and crime, using data collected as part of the Drug Use Monitoring in Australia (DUMA) program. [7]  The AIC examined the extent to which police detainees self-reported whether and why they owned particular weapons, where they obtained their weapons, and their use of weapons in crime.

Across all sites, 40% of respondents reported that they had at some time in their lives, owned or possessed a knife as a weapon.  The majority of detainees who reported owning weapons in the year prior to the survey indicated they had bought them mostly through illegitimate sources.  Other weapons were obtained through inheritance, or as a gift.[8] 

Administrative issues

The current arrangements for the importation of weapons also raise a number of other issues, as follows:

*         They require importers to obtain separate permissions from both the Police and Customs and Border Protection.  As a result, it can take over a month to obtain permission to import a weapon.  More complex applications can take significantly longer to process, and in some cases, may take up to three (3) months to resolve.  For example, where importers of warfare items are required to provide evidence of the de-activation or sectioning of the item, to ensure they cannot be recommissioned.

*         The delays associated with obtaining Police and import permission prior to an object being imported to Australia can have stock management and cash flow implications for businesses that retail weapons, or for importers of weapons who supply to military or law enforcement programs.  For example, Customs and Border Protection regularly receives urgent requests to process import permits for weapons being procured for existing military platforms, or in preparation for overseas military deployments.

*         The current process can result in uncertainty for importers; in some cases weapons offered for sale overseas may be taken off the market or sold elsewhere, given the timeframes involved in obtaining Police and Customs and Border Protection permission, prior to import.

*         In 2009-10 Customs and Border Protection processed over 1300 applications to import weapons into Australia.  This results in a significant administrative impost on the public, industry, the Police and Government. 

Implementation

The Australian Government has made a clear statement that it intends to strengthen existing weapons controls. 

Customs and Border Protection will introduce amendments to the Customs (Prohibited Imports) Regulations 1956, to incorporate end-user tests that would have to be satisfied prior to import permission being granted.  It is proposed that under these amendments, importers would no longer require evidence of Police Confirmation. Instead, when applying to the Minister for Home Affairs (or delegate) for permission to import a prohibited weapon, the importer would be required to demonstrate that they meet a statutory test, as set out in legislation.

This is similar to the approach currently applied for the importation of higher-risk firearms, such as semi-automatic or military style firearms.  In the case of the firearms legislation, permission to import these higher-risk items is strictly limited to circumstances where the item is being imported for use by:

Under this statutory approach stringent end-use requirements would be specified in legislation for prohibited weapons.

The key difference between this approach and existing arrangements for processing weapons permits is that the test of whether an applicant had demonstrated evidence of legitimate end use would be prescribed by legislation. If an importer is unable to meet these tests, import permission would not be granted.

Impact analysis

The information provided below summarises the likely impact the implementation of the Government's policy on 'Strengthening Weapons Controls' is likely to have on our community, business and on Government administration.

Impact on the community

Imposing appropriate statutory tests will ensure that only members of the community that have a legitimate use will obtain permission to import prohibited weapons into Australia.

The imposition of strict statutory tests offers less discretion to the Minister (or delegate) when considering whether permission to import a 'prohibited weapon' would be granted. 

This approach means there is less potential for 'discretionary' approvals eroding the intent of the Government's policy over time, and any amendments to the legislation would be subject to Parliamentary scrutiny.

Following the introduction of the regulatory changes, individuals wishing to import controlled weapons (list of the controlled weapons is provided at Attachment G) will need to satisfy the Police Certification test.  To import a controlled weapon into Australia, importers must first obtain the written certification of the police firearms or weapons registry in their State or Territory.

The police certification will be in the form of a B709B Importation of Weapons - Police Certification Form.

Once the importer obtains the police certification form, the importer may then arrange for the importation of the specified item and quantity.  The original B709B will be surrendered to Customs and Border Protection to gain release of the item on arrival into Australia.  This will result in significant administrative savings to importers of controlled weapons. 

State and Territory jurisdictions will continue to determine the possession and use requirements for controlled weapons within their jurisdiction.  The regulatory change will not impact on controlled weapons previously imported into Australia prior to this change.

Legitimate end user tests for prohibited weapons will reduce the availability of those items to the general community, reducing the availability for use in violent crime.  This will assist State and Territory jurisdictions in combating weapons related crimes on our streets

Impact on business

The changes to the requirements for 'prohibited weapons' will apply across the importing community - the test for obtaining permission to import these items will no longer relate to whether it is legally permissible to possess and/or use an item.  Instead, it will relate to whether the item is being imported as a result of a legitimate end-use for that item. 

What will be considered as 'adequate evidence' of legitimate end-use would depend on the type of weapon being imported but may include a contract for supply to the Australian Defence Force or evidence that the weapon will be used in a film production.  In many cases, it may be necessary to demonstrate that the goods are being supplied to a third party that has a proven legitimate end-use for the item.

However, suppliers of certain types of weapons (eg electronic shock devices and body armour) to law enforcement agencies and the military are already required (under an administrative arrangement) to provide evidence of legitimate end-use in order to obtain import permission.[10]  Accordingly, the introduction of a 'legitimate end-use test' is not a novel approach, and the statutory tests would be informed by extensive prior experience in dealing with these types of weapons, and the rules currently applying to the importation of certain types of firearms.

A key concern for some businesses is that they will no longer be able to retail or supply certain types of weapons (particularly bladed weapons such as flick knives and similar devices) to the general community. 

Customs and Border Protection data indicates that there were a total of 351 importers of bladed weapons in the 2009 calendar year.  Of these, 53 private importers and 22 re-sellers[11] would have been affected by the proposed, tightened controls.  During 2009, the 53 private importers brought 377 bladed weapons into Australia, that would fall within the Government's proposed 'prohibited weapons' list (for example, flick or push knives).  That is, had the Government's election commitment been in place prior to 2009, it is unlikely that these importers would have been granted permission to import 377 bladed weapons, as the data indicates they would not meet the 'legitimate end-use' requirement that is now proposed.

The 22 re-sellers imported a combined total of 121,231 bladed weapons that would fall within the proposed 'prohibited weapons' category.  Under the Government's proposed policy, these items will no longer be able to be imported unless there is appropriate evidence that the bladed weapons are being supplied for legitimate end-use purposes.  It should be noted that there are many designs of bladed items that are not classified as 'prohibited' or 'controlled' weapons.  Importers and re-sellers will still be able to import a variety of fixed blade and folding knives designed for outdoor use, fishing, hunting, collection and culinary purposes without the requirement for import permission.  Customs and Border Protection did not receive any responses during the public consultation process suggesting that businesses would close as a result the regulatory change.

With respect to warfare items, in 2009, there were a total of 175 importers of warfare or crowd control[12] items.  Ninety-six (96) of these importers supplied warfare or crowd control items for official purposes[13]

The remaining 79 importers were private collectors, who brought a total of 817 warfare or crowd control items into Australia.  These importers would no longer be able to import these types of items under the Government's strengthened weapons controls, unless they could demonstrate that the items were being imported for legitimate end-use or in the case of warfare goods the items have been rendered permanently inoperable.

Impact on government administration / regulation

The Government's proposal also has implications for administrators and regulators of its policies.

Consistent with existing requirements, Police forces would continue to have responsibility for processing applications for permission to possess or use weapons not included on the 'prohibited weapons' list. However, with the introduction of strict statutory tests for 'prohibited weapons', the need to obtain a Police approval would be eliminated for these items. 

Based on 2009 data, this will remove the requirement for Police to issue a significant number of Police Certifications (B709B forms - Attachment C refers).  Each year, Police forces across Australia issue an estimated 1,300 to 2,000 police permissions to possess various kinds of weapons (both controlled and prohibited), which are then presented to Customs and Border Protection as part of an application to import weaponry. 

This may result in additional human resource savings for some police jurisdictions.  Feedback from a number of jurisdictions confirms that these officers are not solely employed for the administration of import permissions and will continue with other licensing registry duties. 

Customs and Border Protection already processes approximately 1300 applications per annum to import a wide range of weapons, with some weapons already subject to 'legitimate end-use' tests, such as electric shock devices and body armour.  Customs and Border Protection anticipates that there would be an increase in the workload associated with import applications in the initial stage of implementing the policy, but that this would reduce significantly, over time. 

Some community or industry groups may have concerns that the introduction of stricter controls on certain weapons will drive trade 'underground' and increase the likelihood of these types of weapons being smuggled into Australia.

State and Territory jurisdictions will continue to police the possession, use and carriage offences for these and other weapons items. 

Customs and Border Protection takes its community protection role very seriously.  We have a range of strategies in place to prevent undeclared weapons from entering Australia, including:

Some groups will also argue that the more stringent approach does nothing to address the existing pool of 'prohibited weapons' already available in the community. 

While there would be no change to the existing domestic stock of weapons classified as 'prohibited weapons' on import in the short term; it could be expected that the total pool of available weapons will reduce over time, as fewer items are able to be imported without legitimate use.

Police Ministers from all jurisdictions have agreed to review existing, domestic controls on weapons; the current availability of 'prohibited weapons' will be considered in that context.

The Trade Competitiveness Section of the Department of Foreign Affairs and Trade have confirmed that a Trade Impact Analysis (TIA) will not be required for this election commitment as these weapons are currently prohibited on entry into Australian without the written permission of the Minister for Home Affairs (or delegate) and most are subject to a range of State and Territory restrictions on possession and use.

Public Consultation

On 30 May 2011, Customs and Border Protection released a public consultation document seeking public submissions on the implementation of the government's election commitment.  Copies of the consultation paper were also provided to weapons importers, collectors associations and other interested non government organisations.

The public consultation period ended on 11 July 2011.

Customs and Border Protection specifically sought feedback on the implementation of the Government's proposal.  In particular, respondents were asked to provide comment in response to the following questions:

 

Feedback from the Public Consultation Process

Following the six week consultation period, Customs and Border Protection had received a total of fifty six (56) submissions. 

Twenty eight (28) submissions contained a general comment that was not supportive of the Government's proposal to apply more stringent controls on weapons import.  These submissions were of the general view that the Commonwealth should not be involved in permitting the importation of prohibited weapons and that controls on weapons (relating to import, possession and use) should operate at the discretion of the relevant State or Territory police jurisdiction.  

The remaining submissions provided feedback on the development of additional legitimate end-user tests for a number of weapons collectors.

Twenty eight (28) submissions provided general comment on the proposed legislative process and suggested a number of additional or amended categories of legitimate end-users for specified weapons items.

Seventeen (17) submissions were supportive on the Government's policy of applying more stringent controls on the importation of prohibited weapons.

Import Tests for Prohibited (higher risk) weapons

After considering the responses received as a result of the consultation process, Customs and Border Protection proposes proceeding with introducing strict import tests into the Regulations, to restrict access for certain imported weapons.

This approach currently exists in restricting the importation of semi automatic firearms to legitimate end-users through the application of various statutory tests (such as the official purposes test and the specified person test). 

Following a review of the submissions received in response to the consultation paper, Customs and Border Protection proposes the introduction of the following end-user tests for higher risk weapons:

A list of the prohibited weapons (and the relevant statutory tests under which permission may be sought to import) is provided at Attachment G.

Streamlined importation of lower risk weapons (Controlled Weapons)

Following the consultation process, Customs and Border Protection also proposes proceeding with introducing regulatory amendments to streamline the import process for lower risk weapons.  [14]

Under the proposed amendments 'Controlled Weapons' (such as nunchakus and daggers) will be able to be imported where evidence is provided to Customs and Border Protection that the importer is authorised (by the relevant State or Territory Police Force) to possess that weapon in their State or Territory.  No separate, import permission issued by the Minister for Home Affairs (or his authorised delegate) would be required in order to bring these items into Australia. 

These procedures already exists in respect the importation of certain firearms (such as bolt action rifles and air rifles) under the 'police authorisation test', as set out in Schedule 6 to the Regulations.  A list of the controlled weapons is provided at Attachment H.

Military collectors, Military re-enactors and Historic weapons collection

Eighteen (18) submissions received advocated for the inclusion of legitimate end-use for 'military collectors, military re-enactors and historic weapons collection purposes.'

Accordingly, Customs and Border Protection intends to develop an amendment to the existing import regulations to add an import test for military collectors and military re-enactors. 

Under the "Warfare goods collectors and non government museum test", where an importer can demonstrate that:

*         the warfare item is in a permanently deactivated condition (as agreed by technical experts within the Department of Defence); and

*         there is evidence that the importer is legally allowed to possess the item within their jurisdiction; and

*         the item will be appropriately secured by the importer,

consideration will be given to granting permission to import the goods.

 

Customs and Border Protection also intends to develop an import test for "historic weapons collection" purposes. 

Under this proposed test, importers would need to demonstrate that:

*         the item is of historical value, and in a condition that would preclude its functional use as a modern weapon;

*         there is evidence that the importer is legally allowed to possess the item within their jurisdiction;

*         the importer is a current member of a historical club or association for weapons of that type; and

*         the item will be appropriately secured by the importer.

These two tests are additional to the other statutory end-user tests proposed and have been developed in direct response to the submissions received during the consultation process.    

A list of legitimate end-user tests is at Attachment G.

Flick knives and similar devices

Thirteen (13) submissions highlighted confusion about the current legislated definition for 'flick knives and similar devices'.  Many importers and associations feel that it is not the intention of legislators to control knives that can be opened with centrifugal force.


The current legislated definition of a flick knife is as follows:

19        Flick knives or similar devices, made of any material, that have a
blade folded or recessed into the handle which opens automatically by:

(a) gravity or centrifugal force; (emphasis added); or

(b) pressure applied to a button, spring or device in or attached
to the handle of the device

The intention to control knives that open via centrifugal force has been confirmed with the Minister for Home Affairs, and will be clarified in the regulations via amendments to the existing regulations.

These amendments will separate items (commonly known as flick knives) into two, separate categories:

*         'Automatic or switchblade knives'; and

*         'Single handed opening knives'. 

Automatic or switchblade knives are those knives that open with the assistance of a spring mechanism, as described in part (b) of the current regulation. 

Single handed opening knives are those knives that can be opened single handedly, by other methods such as centrifugal force, as highlighted in part (a) of the current regulation. 

The amendments are intended to clarify import requirements for importers by eliminating the current confusion about the term 'flick knives or similar devices'.  Attachment I provides further detail on the proposed amendments for this purpose.

Importation of 'Automatic or switchblade knives' will be subject to an importer demonstrating a legitimate end-use (ie they will be treated as 'Prohibited Weapons').

'Single handed opening knives' will also be subject to an importer demonstrating a legitimate end-use (ie they will be treated as 'Prohibited Weapons').  

These amendments are not intended to extend import requirements to any other folding knives that are not currently controlled under the 'flick knives or similar devices' definition in the regulations. 


 

Conclusion

Changes are being made to the current Customs (Prohibited Import) Regulations 1956 to:

*         Strengthen the controls currently applied to certain, higher risk weapons (such as flick knives or high powered laser pointers).  Items classified as 'Prohibited Weapons' will not be able to be imported into Australia unless they are for legitimate end use (eg such as use by State and Territory Police, or the military).

*         Streamline existing import requirements for certain, lower risk items (such as daggers and nunchuku).  In future, these items will be able to be imported upon presentation of permission from the relevant State or Territory Police that confirms the importer is permitted to possess the item in the relevant jurisdiction.  No separate import permission will be required for these items.

A range of statutory tests will be introduced that will govern whether a Prohibited Weapon can be imported.  These tests are summarised on pages 18 and 19 of this RIS.

The introduction of these statutory tests for Prohibited Weapons, and the streamlined arrangements for 'Controlled Weapons' will be completed through a single set of legislative amendments to be introduced to Parliament as soon as possible.

This is considered preferable to a staggered implementation arrangement, which could be confusing to importers. 

Customs and Border Protection will advise commercial importers and other stakeholders of the changes to the import process as implementation dates are finalised. 

This will include revision of existing weapons import fact sheets and internet advice to assist importers to identify the appropriate import process for the items they wish to bring into Australia.  (Sample provided at Attachment E).

Customs and Border Protection will continue to provide advice to importers about the particular classification of the goods they import.  

The introduction of this legislation will also require the delivery of information sessions to State and Territory Police Firearms Registry staff and Customs and Border Protection regional officers to facilitate the smooth introduction of the changes.

 

Attachment A

Election Commitment:                          

Sharpening our approach to Weapons Controls

Brendan O'Connor posted Thursday, 29 July 2010

A Federal Labor Government will introduce tougher weapons controls across all States and Territories to combat dangerous weapons-related crimes on our streets.
 
"Stopping dangerous weapons from entering our community is a serious business.  In 2009, Customs and Border Protection detected more than 16,700 bladed weapons at the border," Minister for Home Affairs, Brendan O'Connor said.
 
Customs and Border Protection currently controls the importation of prohibited weapons and will implement a more stringent approach to weapons importations.
 
"Under the new approach, stricter controls will be imposed on a range of weapons with no legitimate domestic or commercial use in Australia - for example, knuckledusters, certain items adapted for warfare, electronic shock devices and flick knives."
 "This will mean that individuals wishing to import such items will need to demonstrate the weapons have a legitimate use."
 
In addition to tightening the controls on weapons coming into Australia, all State and Territory Police Ministers have also agreed to review existing weapons legislation with a view to meeting minimum standards for prohibited weapons and ensuring nationally consistent definitions of these weapons.
 
This was agreed at the Ministerial Council for Police and Emergency Management held on 2 July 2010 to ensure that dangerous weapons with no lawful domestic uses are prevented from entering the Australian community," Mr O'Connor said.
 
"A uniform approach to weapons across the jurisdictions would strengthen the effectiveness of border controls and ensure that a restriction that applies in one State, will also apply in another.
 
Under the current system, people who want to import a prohibited weapon need to obtain written permission to possess the item, from State or Territory Police, and then apply to Customs and Border Protection for an import permit.  The new approach would require importers to demonstrate legitimate end use to Customs and Border Protection before import permission will be granted.
 
Mr O'Connor said:  "This important reform is something the Federal Labor Government has been pursuing for some time and is committed to delivering to reduce the number of dangerous weapons entering Australia."
 
"We call on the Liberal-National Coalition to support these important reforms which will restrict the availability of dangerous weapons on local Australian streets."

 


     Attachment B

State and Territory Regulation         

A brief summary of the relevant legislation in each State and Territory is provided below.

Victoria

In Victoria, the Control of Weapons Act 1990 provides the framework for governing the sale, possession, transportation and use of non-firearm weapons and body armour. The Act divides weapons into four basic categories:  'prohibited weapons' such as flick knives, crossbows and knuckledusters; controlled weapons such as a baton, bayonet or knife (other than a prohibited weapon);  dangerous articles; and body armour.

Individuals, groups of people, or classes of weapon may be able to receive special dispensations to possess, sell and use weapons under the Act either with the approval of the Chief Commissioner (commonly referred to as a Chief Commissioner Approval), or a Governor in Council Exemption Order.

New South Wales

In NSW, the possession and use of 'prohibited weapons' is governed by the Weapons Prohibition Act 1998 and the Weapons Prohibition Regulation 2009

The Act and Regulations permit the Police Commissioner, or his delegate, to issue Prohibited Weapons Permits authorising the use of 'prohibited weapons' where a person can show a genuine reason for the possession or use of the weapon. A range of permits types are available for 'prohibited weapons' in New South Wales including, (but not limited to) for sporting purposes, display in a public museum, and dealer and collector permits.[15]

Queensland

Queensland weapon laws are enshrined in the Weapons Act 1990, the Weapons Regulations 1996 and the Weapons Categories Regulation 1997.   Items such as a crossbow, knuckleduster, mace or similar articles are listed as weapons in the Weapons Categories Regulations 1997. An authorised police officer has the authority to issue a license to a person; the license 'endorses' the person to possess one or more categories of weapons.

Northern Territory

The Northern Territory Weapons Control Act and Weapons Control Regulations regulate controlled and prohibited weapons in the Northern Territory.  Possession of a controlled or prohibited weapon requires the Police Commissioner's approval.

Western Australia

In Western Australia the Weapons Act 1999 governs prohibited and controlled weapons listed in the Weapons Regulations 1999

South Australia

In South Australia, there are three classifications of weapons: Offensive Weapons, Dangerous Articles and Prohibited Weapons.  It is an offence to carry an offensive weapon without a lawful excuse, to manufacture, supply, deal in, possess or use a dangerous articles or prohibited weapons without a lawful excuse.

Individuals who are not covered by an exemption, but feel they have a valid reason to possess a prohibited weapon, may apply for a special exemption to Commissioner of Police.

Tasmania

Tasmania does not have specific legislation that prohibits certain types of weapons.  However, under Section 15C of the Police Offences Act 1935 a person, without lawful excuse, must not have possession of, or carry or use, a dangerous article in a public place.

Australian Capital Territory

The Prohibited Weapons Act 1996 specifies prohibited articles and weapons in the Australian Capital Territory. Under the Act, the Registrar may issue a permit authorising the possession, or the possession and use of a prohibited weapon; or the possession of a prohibited article.

 


Attachment C

Current process for applying for import permission

Importers must apply for permission to import weapons covered by the PI Regulations.  They must complete an "Application for permission to import schedule 2 and 3 weapons" (commonly known as a B710), and attach the original "Importation of Weapons - Police Confirmation" form (commonly known as a B709B) issued by State/Territory Police.  Copies of the B709B and B710 forms are attached.

The Importation of Weapons - Police Confirmation (B709B) provides evidence to Customs and Border Protection that the importer holds a licence or other authorisation according to the law of the relevant State or Territory to possess the weapon.  Alternatively, it provides evidence that a licence or other authorisation is not required for that item, under the law of the relevant State or Territory.

The administrative B709B process was introduced at the request of State and Territory Police Ministers. In 1999 the Ministers recommended that the 'import process for weapons should be similar to the requirements for the importation of firearms' via a B709A Police Confirmation.

Once the Police Confirmation has been obtained, the importer must apply to Customs and Border Protection to obtain a separate permission to import the item into Australia.

For certain items (for example, goods imported for use by law enforcement agencies or the military), the importer can apply to Customs and Border Protection and provide evidence of the end-use of the weapons being imported.[16]

The paperwork is processed by Customs and Border Protection.  Provided all the requirements of the application have been met, written permission is issued to the importer by the Minister or his/her delegate (sample also provided).

When goods requiring an import permit physically arrive at the border, they are held by Customs and Border Protection, pending production of the original import permit.  On presentation of the original permit, and providing any conditions[17] on the permit are met, the goods will then released from Customs control.

Current Permission Forms: 

 

 

 

 



Sample import permit:                                

 

Ministerial No:

 

 

 

 

PERMISSION TO IMPORT

 

I, XXXXXX XXXXXX, being an officer authorised by the Minister for Home Affairs, pursuant to Customs (Prohibited Imports) Regulations 1956, Regulation 4, Schedule 2, Item 9, do hereby give permission for the importation by John Citizen, Citizen Street, Civic,
Australian Capital Territory of the items listed in the schedule below:

 

The Schedule

 

Twenty (20) Daggers

 

Conditions

 

1.      Permission to import the items listed in this permit is subject to the production of this original document to Customs and Border Protection.

 

  1. This permission is for one importation and is valid from the date of signature until
    XX October  2011 (expiry date of B709B)

 

Dated this     25th     day of     August     2010

 

XXXXX XXXXX

National Manager

Trade Policy & Regulation Branch


Attachment D

Proposed 'Prohibited Weapons':              

Items approved for import by specific end users only ie. Department of Defence, State/Territory/Commonwealth Police agencies, government approved museums, specified end users.

Item 8           Equipment designed or adapted for warfare, including parts

Item 12 Hand-held electric shock devices, including parts

Item 13 Acoustic anti-personnel devices

Item 14            Hand-held battery operated devices designed to discharge a gas or liquid

Item 18D      Ballistic knives, including parts

Item 19 Automatic knife (flick knife, switchblade or similar), including parts

Item 19A      Knuckle dusters or similar

Item 20 Gloves with protrusions made to puncture or bruise

Item 21 A concealed knife, spike or blade

Item 35 Sheath knives or similar, including parts

Item 36 Push knives or similar

Item 37 Trench knives or similar, including parts

Item 39 Non-metallic blades, knives and spikes (not plastic cutlery)

Item 40 Hand or foot claws

Item 41 Weighted gloves or similar designed as a weapon

Item 42 Butterfly or 'Balisong' knives, including parts

Item 43 Shark darts designed to expel gas on or after contact, including parts

Item 44 Dart projectors, 'Darchery Dartslingers' or similar, including parts

Item 45 Mace or similar, other than ceremonial

Item 46 Flails or similar

Item 29A      Body armour and anti-ballistic vests

Item 47 Extendable or telescopic batons, including parts

Item 48 Hand-held laser pointers over 1mw in power output

New Item     Single handed opening knives, including parts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 Attachment E

 

Draft Fact Sheet on new weapons controls

 

IMPORT RESTRICTIONS ON BLADED WEAPONS, MARTIAL ARTS AND SPORTING GOODS

Page 1

The importation of certain bladed weapons, martial arts goods and sporting goods is restricted under the Customs (Prohibited Imports) Regulations 1956.

Certain weapons are limited to importation for official purposes, such as for law enforcement and military use, and are prohibited for importation for private use. 

WHAT BLADED WEAPONS, MARTIAL ARTS AND SPORTING GOODS ARE RESTRICTED?

 

The table on the back of this fact sheet defines each bladed weapon, martial arts weapon and sporting weapon controlled on import into Australia.

HOW CAN I IMPORT RESTRICTED WEAPONS?

Controlled weapons are broken into two categories, those that can be imported for official purposes only and those that can be imported for private use.  The table on the back of this fact sheet indicates which weapons are limited to import for official purposes (prohibited) and those that can be imported for private use (controlled).

IMPORT PROCESS FOR CONTROLLED WEAPONS

Controlled weapons can be imported with Police certification.

To import controlled weapons, you must contact your State or Territory Police Firearms Registry and seek written certification that you can possess the particular weapon.

This written certification must be in the form of a B709B Form - Importation of Weapons - Police Certification.  Please see the Customs and Border Protection fact sheet - Firearms and Weapons Information Contacts for contact details.

If you are successful in obtaining a B709B Form - Importation of Weapons - Police Certification you may then order your goods and present the original certification to Customs and Border Protection when your goods arrive in Australia.

B709B Form - Importation of Weapons - Police Certification forms are valid for one importation only and until the date of expiry specified on the form.  A new written certification is required for each importation.

IMPORT PROCESS FOR PROHIBITED WEAPONS

Prohibited weapons can be imported with written permission from the Minister.

To import prohibited weapons, you must complete a B710 Form - Application for Permission to Import Schedule 2 & 3 Weapons.

If you are not the end user directly, you must also obtain written confirmation from the end user that the goods are being imported for official purposes.  This written confirmation must be in the form of a B711 Form - End User/Owner Assurance for the Purposes of Schedule 2 and 3 Weapons.

You must then forward the completed forms to Customs and Border Protection for processing.  The address is specified on the B710 Form. 

Applications take up to three weeks for processing and permission to import must be obtained prior to the arrival of the goods.

EXPORT CONTROLS

Note: There are no export restrictions on the export of bladed weapons, martial arts and sporting goods.

FURTHER INFORMATION

The B710 and B711 from are downloadable from the Customs and Border Protection website at www.customs.gov.au.  For additional information, please contact the Customs and Border Protection Information and Support Centre on 1300 363 263 or via email at information@customs.gov.au.

The maximum penalty for importing restricted weapons without import permission is a fine not exceeding $275,000 or imprisonment for 10 years, or both.

Page 2:

CONTROLLED WEAPONS - POLICE CERTIFICATION REQUIRED

Item

Description

Daggers and similar devices

Sharp pointed, concealable, double edged knives.  Traditional long swords and bayonets are excluded.

Blow-guns and blow-pipes and darts

Blow-guns and blow-pipes, or other devices consisting of a pipe or tube, that are capable of projecting a dart through apipe or tube using the exhaled breath of the user or means other than explosive and darts for use with these items.

Nunchakus

Goods known as nunchakus and similar items such as a three sectional staff.

Crossbows

All crossbows capable of causing damage to property or bodily harm when discharged (excluding toys).

Hunting slings, catapults and sling shots designed for use with an arm brace

Hunting slings, catapults and sling shots designed for use with a component that is a brace that fits upon the forearm or other part of the body to support the wrist or forearm against the tension of any material used to propel a projectile.

Star knives and similar devices

Any, knife, blade or spike with more than one angular point disposed outwardly about a central axis point that is made of any material

Throwing blades, knives and axes

Blades, knives and axes made or any material designed to be thrown.

PROHIBITED WEAPONS - MINISTERIAL PERMISSION REQUIRED - OFFICIAL USE ONLY

Ballistic knives

Knives that discharge a blade as a projectile.

Automatic knife (flick knife, switchblade, assisted opening knife, flipper or similar device)

Automatic knife (flick knife, switchblade, assisted opening knife, flipper or similar device) - Any knife with a blade folded or recessed into the handle that will open automatically; by pressure applied to any spring, device , stud or button in, or attached to the handle, or blade, of the knife

 

Single handed opening knives

Any knife (other than an automatic knife) with a blade that is folded or recessed into the handle which is capable of being opened by gravity, inertia, or centrifugal force.

 

Knuckle-dusters and similar devices

Knuckle-dusters and similar devices that can be fitted over the knuckles to protect the knuckles and increase the effects of a punch or blow.

Gloves and similar hand coverings with protrusions

Gloves and similar hand coverings incorporating protrusions designed to puncture or bruise the skin.

Concealed knives, blades and spikes

A concealed knife, blade or spike made from any material.

Sheath knives

Knives with a sheath that withdraws into the handle by gravity or centrifugal force and/or pressure applied to a button, spring or other device and made of any material.

Push knives

Knives and similar devices that consist of a single or multi-edged blade or spike with a transverse handle that allows the blade or spike to be supported by the palm and used to inflict stabbing blows or slashes in a pushing action and made of any material.

Trench knives

Knives and similar devices that consist of a single or multi-edged blade or spike with a handle that protects the knuckles and increases the effects of a punch or blow and made of any material.

Non-metallic and non-ceramic knives, blades and spikes

Knives, blades and spikes made from a non-metallic or non-ceramic material such as carbon fibre (excluding plastic cutlery).

Hand and foot claws

Articles consisting of claws made or modified to be attached to or worn on the hands or feet.

Weighted gloves and similar articles

Weighted gloves and similar articles designed or constructed to be used as a weapon that is designed to increase the effect of a punch or blow.

Butterfly knives and similar devices

Butterfly knives and other devices that consists of a single or multi-edged blade or spike that fits within two handles attached to the blade by transverse pivot pins that opens by gravity or centrifugal force.

Shark darts and similar devices

Shark darts and similar devices designed to expel, on or after contact, a gas or other substance capable of causing bodily harm.

Dart projectors and similar devices

Dart projectors known as 'darchery slingers' and similar devices designed to project a dart by means of an elasticised band.

Maces and similar articles

Maces and similar articles capable of causing injury that consist of a club or staff fitted with a flanged or spiked head (excluding ceremonial maces designed solely for ceremonial purposes).

Flails and similar articles

Flails and similar articles consisting of a staff or handle that has a free swinging striking part armed with spikes or any studded material fitted to one end.

 

   

 

 

 

 

 

 

 

 

 

 


 

 Attachment F

Weapons imported with permission:  

Figure 2:  Number of weapons approved for import with Police permission, 2008 and 2009.*

 

Number of Weapons Approved for Import

Total 2008

Total 2009

Shock Weapons#

230,764

539,648

Body Armour#

14,986

73,479

Extendable Batons#

9,901

18,816

Subtotal of Items for Legitimate End Use

255,651

631,943

Warfare^

27,970

56,159

Acoustic Anti-Personnel Devices#

1,000

0

Daggers

30,934

25,569

Blowpipes

520

33

Blowpipe Darts

1,480

840

Nunchakus

2,380

4,380

Crossbows

1,018

1,549

Ballistic Knives

2

0

Flick Knives or similar devices

16,618

55,336

Knuckledusters

59

162

Concealed Blade

5,045

7,805

Slingshots

2

0

Throwing Stars

937

326

Sheath Knives

3

2

Push Knives

420

2,646

Trench Knives

490

4,024

Throwing Knives/Axes/Blades

13,430

20,616

Non-Metallic Knives

9

3

Hand/Foot Claws

412

1,111

Butterfly Knives

1,669

839

Maces

5

1

Flails

5

0

Laser Pointers

1,381

3,452

Total (All items)

361,440

816,797

* Note:  Data sourced from Customs and Border Protection's Ministerial Database.

#  Note:  All import permissions for shock weapons, body armour and extendable batons were granted for legitimate end-use purposes. 

^ Note: Majority of import permissions for warfare items were for legitimate end use, however, in some cases permission was granted for private collections.


 

Attachment G

'Prohibited Weapons' to be subject to specific tests:               

Item 8           Equipment designed or adapted for warfare

Official purposes test

Specified purposes test

Dealer test 

Warfare goods collectors and non government museum test (deactivated)

Returned goods test

Public Interest test

Item 9           Daggers or similar devices (not including swords or bayonets)

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Item 12 Hand-held electric shock devices

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 13 Acoustic anti-personnel devices

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 14            Hand-held battery operated devices designed to discharge a gas or liquid

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 18  Blow-guns or blow-pipes

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Item 18A      Blow-gun darts

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Item 18B      Nunchakus

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Item 18C      Crossbows

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Item 18D      Ballistic knives

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 19 Automatic knives or switchblades

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item (New Number)   Single handed opening knives

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 19A      Knuckle dusters or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 20 Gloves with protrusions made to puncture or bruise

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

Item 21 A concealed knife, spike or blade

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 22  Hunting slings with forearm rest/brace

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

 

Item 23  Star knives or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

 

Item 35 Sheath knives or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 36 Push knives or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

 

Item 37 Trench knives or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 38  Throwing blades, knives and axes

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

 

Item 39 Non-metallic blades, knives and spikes (not plastic cutlery)

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Collection of historical item

Public Interest test

 

Item 40 Hand or foot claws

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 41 Weighted gloves or similar designed as a weapon

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 42 Butterfly or 'Balisong' knives

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 43 Shark darts designed to expel gas on or after contact

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 44 Dart projectors, 'Darchery Dartslingers' or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Public Interest test

 

Item 45 Mace or similar, other than ceremonial

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Collection of historical item

Public Interest test

 

Item 46 Flails or similar

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Collection of historical item

Public Interest test

 

Item 29A      Body armour and anti-ballistic vests

Official purposes test

Specified purposes test

Specified person test

Dealer test 

Returned goods test

Collection of historical item

Public Interest test

 

Item 47 Extendable or telescopic batons

Official purposes test

Specified purposes test

Specified person test

Dealer test 

Returned goods test

Public Interest test

 

 

 

Item 48 Hand-held laser pointers over 1mw in power output

Official purposes test

Specified purposes test

Specified person test

Dealer test 

Returned goods test

Public Interest test

 

 


Attachment H

                  

 

'Controlled Weapons' to new schedule 13:   

 

Item 9           Daggers or similar devices (not including swords or bayonets)

Item 18 Blow-guns or blow-pipes

Item 18A      Blow-gun darts

Item 18B      Nunchakus

Item 18C      Crossbows

Item 22 Hunting slings with forearm rest / brace

Item 23 Star knives or similar

Item 38 Throwing blades, knives and axes

 

May be imported by the following tests

 

Official purposes test

Specified purposes test

Dealer test 

Returned goods test

Police certification test

Public Interest test


Attachment I

 

Proposed Definitions to clarify the import control over flick knives and similar devices

Subject to the final wording as developed by the Australian Government Solicitors (AGS), Customs and Border Protection has proposed the following alternative definitions to 'Flick knives and similar devices', in order to clarify the extent of the control.

Item number 19

Automatic knife (flick knife, switchblade, assisted opening knife, flipper or similar device) - Any knife with a blade folded or recessed into the handle that will open automatically; by pressure applied to any spring, device , stud or button in, or attached to the handle, or blade, of the knife

Item number (New Item Number)

Any knife (other than an automatic knife) with a blade that is folded or recessed into the handle which is capable of being opened by gravity, inertia, or centrifugal force.

 

 



[1] Commonwealth of Australia 2010, Best Practice Regulation Handbook, Canberra

[2] Schedules 2 and 3 of the Customs (Prohibited Imports) Regulations 1956 refer.

[3] 'See Homicide in Australia 2006-07 National Homicide Monitoring annual report Australian Institute of Criminology at p.21.

[4] ABS Statistics "Recorded Crime - Victims, Australia 2009 (Cat No 4510.0)"

[5] Ibid

[6] http://www.publications.parliament.uk/pa/cm200809/cmselect/cmhaff/112/11205.htm

[7] The DUMA program data was derived from a survey across seven sites in Australia, with surveys undertaken on a quarterly basis, over a number of years.  An addendum concerning weapons was administered in 2001, 2002 and 2004.  While some of the questions varied across the three surveys, they were generally consistent of the 3,291 adult detainees approached for interview, 2,323 provided responses to survey addendum questions about weapons (a response rate of 71%).

[8]  Weapons, drugs and crime: the Australian experience, Australian Government Institute of Criminology, Trends and Issues in crime and criminal justice, May 2006, No.312, pp.

[9] Schedule 6 to the Customs (Prohibited Imports) Regulations 1956 refers.

[10] Schedule 2 of the Customs (Prohibited Imports) Regulations 1956 refers.

[11] A re-seller is defined as a business or known individual that imports items in commercial quantities for re-sale purposes.

[12] Such as body armour and extendible batons.  These figures do not include importation of items such as anti-personnel sprays, grenades and canisters, which are listed on Schedule 3 of the Customs (Prohibited Imports) Regulations 1956.

[13] Official purposes includes, for example, importers that supply or on-sell to law enforcement agencies or the military, or who import for the purpose of supplying items for other legitimate purposes such as on-sale to the security industry, correctional facilities, and journalists travelling to conflict zones.

[14] This is a complementary amendment as reviewed by the Office of Best Practice and Regulation (OBPR) with reference ID 12056.   

[15] Details of the various NSW weapons permits can be located on the internet at http://www.police.nsw.gov.au/services/firearms/prohibited_weapon_permits

[16] For example, a copy of a contract to supply a law enforcement agency with anti-personnel sprays or to supply the Department of Defence with parts for an existing weapons program.  Other acceptable evidence of end use' includes official Purchase Orders or End-Use Certificates provided by the End User.

[17] This may include, for example, a requirement that a warfare item has been deactivated, or sectioned, where appropriate.  Conditions may also be placed on the use of the item.  Permits generally also have an expiry date.


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