Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT (FIREARMS) REGULATION 2013 (SLI NO 168 OF 2013)

EXPLANATORY STATEMENT

Select Legislative Instrument 2013 No. 168

Issued by the authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Imports) Amendment (Firearms) Regulation 2013

Power to make regulations

The Customs (Prohibited Imports) Amendment (Firearms) Regulation 2013 (the 'amendment regulation') amends the Customs (Prohibited Imports) Regulations 1956 (the 'Regulations'). The Regulations have been made under the authority of the Customs Act 1901 (the 'Act'). The amendment regulation is also made under the authority of the Act.

Subsection 270(1) of the Act gives the Governor-General a general power to 'make regulations not inconsistent with the Act prescribing all matters which ... are required or permitted to be prescribed or as may be necessary or convenient to be prescribed ... or for the conduct of any business relating to the Customs'.

More specifically, subsection 50(1) of the Act provides that the Governor-General may, by regulation, 'prohibit the importation of goods into Australia.' Subsection 50(2) of the Act provides that the power to make regulations under subsection 50(1) may be exercised by:

(a)        prohibiting the importation of goods absolutely

(aa)      prohibiting the importation of goods in specified circumstances

(b)        prohibiting the importation of goods from a specified place, or

(c)        prohibiting the importation of goods unless specified conditions or restrictions are complied with.

Under subsection 50(3) of the Act, the exercise of the power mentioned in paragraph (c) above,  includes the power to make regulations providing that 'the importation of goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods ... has been granted as prescribed by regulations made under [the] Act'.

Subparagraph 50(3)(b)(ii) of the Act provides that, in relation to licences or permissions granted by regulations, the regulations may make provision for 'the granting of a licence or permission to import goods subject to compliance with conditions or requirements, either before or after the importation of the goods, by the holder of the licence or permission at the time the goods are imported'. The Act specifies no conditions that need to be satisfied before the power to make the amendment regulation is exercised.

The amendment regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Statement of compatibility with human rights

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

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill/Legislative Instrument

This Legislative Instrument provides greater clarity to importers, firearms dealers and regulators as regards the types of firearms and firearms-related subject to import controls and the applicable import tests.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Minister for Home Affairs

The amendment regulation amends the Customs (Prohibited Imports) Regulation 1956 to the extent that it concerns the importation of firearms and firearms-related articles.

The Regulations impose import controls for various items including firearms and firearms-related articles. The purpose of the amendments to the Regulations is to clarify existing import controls and to bring certain aspects of the firearms importation scheme into line with State and Territory laws.

Since 2011, and following broad consultation, a number of deficiencies in the Regulations have been identified.  These deficiencies related to uncertainty in the types of firearms and firearm-related articles that are subject to import controls and the applicable import tests.  Additionally, a number of unintended consequences were identified in the application of the Regulations.  The amendment regulation addresses these issues and makes the existing firearms importation scheme clearer for importers, firearms dealers and regulators.

Consultation

In September 2010, the then Minister for Home Affairs and Justice, the Hon Brendan O'Connor MP, released a consultation paper setting out a total of 32 proposed amendments to the firearms importation scheme contained in Schedule 6 of the Regulations. The Attorney-General's Department received, in response, 61 submissions from members of the public as well as additional information provided in subsequent stakeholder meetings. The 32 proposals were also considered by the Commonwealth Firearms Advisory Council (CFAC) which set out a number of detailed recommendations to the Minister.

Due to other priorities the Australian Government was unable to proceed with the planned amendments to the Regulations within the timeframe originally envisaged. In recognition of the time that had passed, and the need to update stakeholders of current developments, the Government released an updated consultation paper in October 2012.  In response to this consultation paper approximately 90 submissions were received. The proposals outlined in the latest consultation paper form the basis of the amendment regulation. A pre-exposure draft was provided to major stakeholders--Australian Customs and Border Protection Service and the Australian Federal Police--and CFAC.  The final step in the consultation process involved the public release of an exposure draft of the amendment regulation.

The amendment regulation amends or inserts a number of key definitions and concepts into the Regulations.  Various import tests--the specified purpose test, the specified person test and the dealer test--have been modified to more accurately reflect the nature of the firearms importation industry. The amendment regulation has removed the need for import permission for firearms or firearm-related articles being 'transhipped' through Australia (articles imported into Australia for the sole purpose of being exported to another country). 

The amendment regulation also corrects unintended consequences in relation to the importation of firearm parts and firearm magazines.  Previously under the Regulations, a person who lawfully possessed a firearm was prohibited from importing parts and magazines for their firearm where those parts or magazines could fit a more highly controlled firearm.  The amendment regulation allows such a person to import these parts and magazines.  The amendment regulation requires the Minister to conduct a review of this aspect of the firearms importation scheme to ensure the objectives have been met and is otherwise appropriate.

New controls have been introduced concerning electro-shock cartridges ('taser'-like ammunition that can be fired from firearms). This type of ammunition is now controlled under import tests similar to those applicable to the importation of tasers and the like. New controls have also been introduced in relation to underwater powerheads. An underwater 'powerhead', or 'shark stick', is a specialised firearm used underwater that is fired when in contact with a target. A powerhead consists of a short length of tubing, which is the chamber for the cartridge. The possession and use (including aspects of their use) are controlled at State and Territory level. These articles can now be imported under the police certification test and ensures importers of these articles are authorised to possess or use such articles in the relevant State or Territory.

Safety testing requirements are revised by the amendment regulation and reflect more accurately contemporary practice. Stock limit requirements for category H (handguns) dealer stock are removed. The reasons for maintaining stock limits no longer apply as State and Territory laws now make adequate provision.


 

 

Details of the Customs (Prohibited Imports) Amendment (Firearms) Regulation

Section 1

This clause states the name of the regulation, the Customs (Prohibited Imports) Amendment (Firearms) Regulation 2013.

Regulation 2

This clause provides for the commencement of the regulation on the day after it is registered.

Regulation 3

This clause states that the source of authority for the regulation is the Customs Act 1901.

Regulation 4

This is the formal clause that identifies that the amendment regulation amends the Customs (Prohibited Imports) Regulations 1956 (the Regulations), which is the instrument specified in Schedule 1.

Schedule 1

The items in Schedule 1 set out in detail the amendments to the Regulations.

Item 1

Subregulation 2(1) of the Regulations contains definitions for a range of terms used in the Regulations.

Item 1 amends subregulation 2(1) of the Regulations by inserting definitions of the following terms:

*         adjustable stock

*         detachable stock

*         electro-shock cartridge

*         folding stock, and

*         handgun.

Each definition inserted by this item refers to subregulation 4F(4) where the meaning of each term is set out in detail.

Item 2

This item inserts a new regulation 3D into the Regulations.  Regulation 3D applies to the transhipment of goods to another country.  'Transhipment' is the process by which goods are imported into Australia for the sole purpose of subsequent export to another country.  Subregulation 4F(1) of the Regulations provides that the importation of a firearm, firearm accessory, firearm part, firearm magazine, ammunition, component of ammunition or an imitation firearm is prohibited unless the importation is in accordance with Schedule 6 of the Regulations. However, subregulation 4F(2B) provides that subregulation 4F(1) does not apply to the importation of those types of articles if certain criteria are met.

The new Regulation 3D provides the criteria in relation to transhipment. Those criteria are:

*         if the goods are only imported into Australia for the purposes of transhipment to another country

*         if the goods are goods to which regulation 13E of the Customs (Prohibited Exports) Regulations 1958 applies, then either a licence or permission to export the goods has been produced to the Collector, and

*         the goods remain under the effective control of the Collector while in Australia.

 Item 3

Subregulation 4F(2B) of the Regulations provides that if certain criteria are met, then subregulation 4F(1) (which restricts the import of items) does not apply.

Item 3 amends subregulation 4F(2B) of the Regulations by inserting a reference to new regulation 3D, to be inserted by item 2.  This amendment will ensure that an importation for the purposes of transhipment, which meets the criteria set out in Regulation 3D, is not prohibited by the Regulations.

Item 4

This item inserts a new subregulation 4F(3A) which requires the Minister to conduct a review of various items in Part 2 of Schedule 6 of the Regulations which relate to firearms parts and magazines. The reason for conducting a review is to ensure that those items in Part 2 of Schedule 6 of the Regulations work in the manner intended following these amendments.

Item 5

Item 5 inserts new definitions of 'adjustable stock', 'detachable stock' and 'electro-shock cartridge'.

An 'adjustable stock' is a term used in the definition of 'firearm accessory' (see item 6 below). Importantly, an stock will only be considered an adjustable stock if it can be adjusted by more than 120mm. The length of 120mm is considered to represent a reasonable adjustment for ergonomic purposes and covers most stocks manufactured for that purpose; allowing for some small margin for error.

A definition of 'detachable stock' has been inserted. The term is also used in the definition of 'firearm accessory'. The term is added for clarification as significant uncertainty has arisen in recent years as to whether certain firearm accessories should be considered 'detachable stock' for the purposes of the Regulations.

A definition of 'electro-shock cartridge' has also been inserted. The definition is relevant for item 19 of Part 2 of Schedule 6 of the Regulations which relates to certain types of ammunition.

Item 6

This item repeals the definitions of 'firearm' and 'firearm accessory' and inserts new definitions for these terms. The definition of 'firearm' makes it clear that it includes blank-fire firearms. The definition of 'firearm' also makes it clear that flare guns or other signalling devices that are designed for purposes other than emergencies or life-saving purposes will be treated as a firearm. Underwater powerheads are no longer excluded from the definition of 'firearm'; such articles are now controlled under item 24 of Part 2 of Schedule 6 of the Regulations.

The definition of 'firearm accessory' has been amended to adopt contemporary descriptions of the types of actions of firearms; that is, burst fire, semi-automatic and fully automatic. Also, the definition now refers only to folding, adjustable or detachable stocks; rather than telescopic and collapsible stocks. The latter-mentioned types of stocks are now covered by the new definition of 'adjustable stock'.

Item 7

This item repeals the definition of 'firearm part' and inserts a new definition for this term. The new definition more comprehensively clarifies the types of parts sought to be controlled.

Item 8

Item 8 inserts new definitions for the terms 'folding stock' and 'handgun'. The term 'folding stock' is also used in the definition of 'firearm accessory'. The term is added for clarification.

The term 'handgun' is a new definition and is also inserted to provide additional certainty over which firearms should be considered handguns for the purposes of the Regulations.

Item 9

This item amends the definition of 'imitation' firearm. The definition now makes it clear that it does not include a blank-fire firearm.

Item 10

This item amends a recently identified error in a note to regulation 4XA of the Regulations, which deals with the importation of goods under autonomous sanctions.  The note incorrectly uses the word 'export' instead of 'import'.  This item will fix this error.

Item 11

This item inserts a new import test. The test is one of the 'specified purposes' import tests contained in subitem 2.2 of Part 2 of Schedule 6 of the Regulations.  Under this new import test a category C or category D article will be able to be imported for use in testing of ammunition manufactured in a State or Territory of Australia. The importer must be a manufacturer of small arms or ammunition and be licensed or authorised in the relevant State or Territory to possess the article for manufacturing and testing ammunition.  The article can only be imported for completion of a specific project or tender.  Any articles imported under this test must be stored securely and once the article is no longer serviceable or required it must be destroyed or exported.

The purpose of this new import test is to allow Australian manufacturers of ammunition the opportunity to import articles to be used in the testing of ammunition which they manufacture.

Item 12

This item amends the 'specified person' test found in item 3 of Schedule 6 to the Regulations.  Currently, a person whose principal or only occupation is vertebrate pest control is able to import firearms under this test.  This item will amend the test to provide that, subject to satisfying existing requirements of the specified person test, an importer will satisfy the test if he or she is employed as a part-time vertebrate pest controller.  Additionally, this item removes the requirement that vertebrate pest control be conducted on rural land.  Unpaid volunteer pest controllers will not be able to satisfy the test.

Item 13

This item inserts a note at the end of item 5 (sports shooter test) of Part 1 of Schedule 6 of the Regulations which directs the reader to the definition of terms used in this item.

Item 14

This item inserts a note at the end of item 5A (international sports shooter test) of Part 1 of Schedule 6 of the Regulations which directs the reader to the definition of terms used in this item.

Item 15

This item, together with items 16 - 18, amends the dealer test found in item 6 of Part 1 of Schedule 6. This item amends the heading to the item 6 in Part 1 of Schedule 6 of the Regulations to clarify that the test covers both category C and category D articles.

Item 16

This item amends subitem 6.1 of Part 1 of Schedule 6 of the Regulations by including category D articles as a type of article capable of being imported under the dealer test.

Item 17

This item amends subitem 6.2(b) of Part 1 of Schedule 6 of the Regulations. This amendment makes it clear that a licensed firearms dealer can import category C articles--not category D articles--for demonstration purposes under this test. Category D articles sought to be used for demonstration purposes will need to satisfy another import test, such as, the official purposes test or the specified purposes test.

Item 18

This item adds a note to item 6 of Part 1 of Schedule 6 of the Regulations that refers the reader to definitions of terms used in this item.

Item 19

This item renumbers the existing note to subitem 7.1 in Part 1 of Schedule 6 of the Regulations as 'Note 1'. Item 20 inserts a further note.

Item 20

Item 20 inserts a new note to subitem 7.1 in Part 1 of Schedule 6 of the Regulations that refers the reader to the definition of terms used in this subitem.

Item 21

This item amends column 2 of item 1 in Part 2 of Schedule 6 of the Regulations.  It revises the description of the type of firearm that is controlled.  Item 1 firearms are also known as category A firearms. The description reflects the amendments to the definition of 'firearm accessory' (above). The amendment also makes it clear that a fully automatic firearm or one that looks like a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations. If the firearm is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the firearm or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.

This item also removes the reference to a 'single shot shotgun' and a 'double barrel shotgun' and instead refers to a shotgun, other than a semi-automatic or repeating shotgun. This description has been adopted to cover new firearms technology, such as, triple barrel shotguns.

Item 22

This item repeals item 1A in Part 2 of Schedule 6 of the Regulations and substitutes a new item 1A which includes all types of imitation firearms.

The note in column 3 makes it clear that if a firearm accessory is attached or is integral to the imitation, the accessory will nonetheless be subject to import controls imposed under item 14 of Part 2 of Schedule 6 of the Regulations.

Item 23

This item amends column 2 of item 2 in Part 2 of Schedule 6 of the Regulations. It revises the description of the type of firearm that is controlled.  Item 2 firearms are also known as category B firearms.  The description reflects the amendments to the definition of 'firearm accessory' (above).  The amendment also makes it clear that a fully automatic firearm or one that looks like a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations. If the firearm is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the firearm or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.

Item 24

This item inserts a new item 2B in Part 2 of Schedule 6 of the Regulations. Item 2B controls firearms parts for firearms described under items 1 or 2 of Part 2 of Schedule 6 of the Regulations. If the firearm part is one to which item 2B of Part 2 of Schedule 6 of the Regulations applies then the relevant import test will be the police certification test.

Item 25

This item amends column 2 of item 3 in Part 2 of Schedule 6 of the Regulations by making a grammatical change in consequence of item 26 below.

Item 26

This item amends column 2 of item 3 in Part 2 of Schedule 6 of the Regulations. It revises the description of the type of firearm that is controlled. Item 3 firearms are also known as category C firearms. The description reflects the amendments to the definition of 'firearm accessory' (above). The amendment also makes it clear that a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations. If the firearm is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the firearm or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.

Items 27 - 30

Each of these items amends references to 'self-loading' firearms to 'semi-automatic' firearms. This terminology is consistent with contemporary descriptions of the type of action of firearms.

Item 31

This item repeals item 3A of Part 2 of Schedule 6 of the Regulations which related to imitation firearms. The item is no longer necessary given the amendment to item 1A of Part 2 of Schedule 6 of the Regulations, made by item 22 above, encapsulates all imitation firearms.

Item 32

This item replaces the description of articles in item 4 in Part 2 of Schedule 6 of the Regulations. Item 4 controls firearms parts for item 3 firearms (category C). However, item 4 will not apply to a firearm part if the part is also for a firearm to which item 1 (category A), item 2 (category B) or item 9 (Handguns) of Part 2 of Schedule 6 of the Regulations apply. If the part is for one of those other types of firearm, then the part will be classified under the corresponding part item for that type of firearm. This item has been amended to avoid the unintended consequences identified in the Queensland Court of Appeal decision in CEO (Customs) v Powell [2008] 1 Qd R 109.

If the firearm part is one to which item 4 of Part 2 of Schedule 6 of the Regulations apply then the existing import tests will continue to apply.

Items 33 - 34

Each of these items amends references to 'self-loading' firearms to 'semi-automatic' firearms. This terminology is consistent with contemporary descriptions of the type of action of firearms.

Item 35

This item replaces item 6 in Part 2 of Schedule 6 of the Regulations. It revises the description of the type of firearm that is controlled and the applicable import tests which now include the dealer test. Item 6 firearms are also known as category D firearms. The description reflects the amendments to the definition of 'firearm accessory' (above). The amendment also makes it clear that a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations. If the firearm is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the firearm or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.

This item also replaces item 7 in Part 2 of Schedule 6 of the Regulations. Item 7 controls firearms parts for item 6 firearms (category D). However, item 7 will not apply to a firearm part if the part is also for a firearm to which item 1 (category A), item 2 (category B), item 3 (category C) or item 9 (Handguns) of Part 2 of Schedule 6 of the Regulations apply. If the part is for one of those other types of firearm, then the part will be classified under the corresponding part item for that type of firearm. This item has been amended to avoid the unintended consequences identified in the Queensland Court of Appeal decision in CEO (Customs) v Powell [2008] 1 Qd R 109.

If the firearm part is one to which item 7 of Part 2 of Schedule 6 of the Regulations applies, then the applicable import tests will be the official purposes test, the specified purposes test, the specified person test, the returned goods test and the dealer test.

Item 36

This item repeals item 8 of Part 2 of Schedule 6 of the Regulations. Item 8 deals with certain firearm accessories and is no longer required as firearm accessories will now be controlled under item 14 of Part 2 of Schedule 6 of the Regulations.

Item 37

This item replaces column 2 at item 9 in Part 2 of Schedule 6 of the Regulations. It revises the description of the type of firearm that is controlled.  Item 9 firearms are handguns.  This amendment makes it clear that muzzle-loading handguns and soft-air handguns are controlled under this item.  The intention of this amendment is that all handguns be controlled under the one item. Previously, muzzle-loading handguns and soft-air handguns were classified under items 2 and 1 of Part 2 of Schedule 6 of the Regulations respectively.

The revised description also reflects the amendments to the definition of 'firearm accessory'. The amendment also makes it clear that a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations.  If the firearm is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the firearm or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.  Appearance based controls are retained.  However, the wording of those controls has been changed to read consistently with other similar references.

Item 38

This item amends column 3 of item 9 of Part 2 of Schedule 6 of the Regulations to include muzzle-loading handguns. The intention of this amendment is that all handguns be controlled under the one item.

Item 39

This item amends what appears to be a typographical error in the Regulations, replacing the word 'of' with 'or' in the words 'on of after 1 January 1900'.

Item 40

This item repeals item 9A of Part 2 of Schedule 6 of the Regulations which related to imitation firearms. The item is no longer necessary given the amendment to item 1A of Part 2 of Schedule 6 of the Regulations, made by item 22 above, will ensure item 1A in this table encapsulates all imitation firearms.

Item 41

This item replaces column 2 of item 10 in Part 2 of Schedule 6 of the Regulations. Item 10 refers to firearm parts for item 9 firearms (handguns).  However, item 10 does not apply to a firearm part if the part is also for a firearm to which item 1 (category A) or item 2 (category B) of Part 2 of Schedule 6 of the Regulations apply.  If the part is for one of those other types of firearm, then the part will be classified under the corresponding part item for that type of firearm. This item has been amended to avoid the unintended consequences identified in the Queensland Court of Appeal decision in CEO (Customs) v Powell [2008] 1 Qd R 109.

If the firearm part is one to which item 10 of Part 2 of Schedule 6 of the Regulations apply then the existing import tests will continue to apply.

Frames and receivers of handguns remain to be controlled under existing item 9B of Part 2 of Schedule 6 of the Regulations.

Item 42

This item repeals item 12A of Part 2 of Schedule 6 of the Regulations which related to imitation firearms. The item is no longer necessary given the amendment to item 1A of Part 2 of Schedule 6 of the Regulations, made by item 22 above, will ensure item 1A encapsulates all imitation firearms.

Item 43

This item replaces column 2 of item 13 in Part 2 of Schedule 6 of the Regulations.  Item 13, as amended, will control firearm parts for item 12 firearms (that is, firearms that are not category A, B, C or D or are not handguns). However, item 13 will not apply to a firearm part if the part is one to which item 2B (category A and B parts), item 4 (category C parts), item 7 (category D parts) or item 10 (handgun parts) of Part 2 of Schedule 6 of the Regulations apply. If the part is for one of those other types of firearm, then the part will be classified under the corresponding part item for that type of firearm. This item has been amended to avoid the unintended consequences identified in the Queensland Court of Appeal decision in CEO (Customs) v Powell [2008] 1 Qd R 109.

If the firearm part is one to which item 13 of Part 2 of Schedule 6 of the Regulations apply then the existing import tests will continue to apply.

Parts for paintball markers are controlled under item 14A of Part 2 of Schedule 6 of the Regulations.

Item 44

This item repeals item 13A of Part 2 of Schedule 6 of the Regulations which related to a device (in item 13A called a part) capable of converting a firearm with single or repeating action to a semi-automatic or fully automatic firearm. Given that the definition of 'firearm accessory' now includes this type of device, it will fall to be controlled under the one item dedicated to firearm accessories; that is, item 14 (see item 45 below).

Item 45

This item inserts a new item 14 in Part 2 of Schedule 6 of the Regulations which relates to firearms accessories. These articles remain highly controlled and can only be imported under the official purposes test, the specified purposes test or the returned goods test.

Item 46

This item replaces column 2 of item 14A in Part 2 of Schedule 6 of the Regulations. It revises the description of the type of firearm that is controlled. Item 14A firearms are paintball markers. This amendment makes it clear that all paintball markers are controlled under this item. The amendment also makes it clear that a paintball marker that looks like a fully automatic firearm will not be controlled under this item; instead it will be more highly controlled under item 12 of Part 2 of Schedule 6 of the Regulations. If the paintball marker is fitted with a 'firearm accessory' or is one that has an integral firearm accessory, the paintball marker or firearm accessory will not be controlled under this item; instead it will be more highly controlled under item 12 or 14 respectively of Part 2 of Schedule 6.

Paintball marker parts will continue to be controlled under item 14A of Part 2 of Schedule 6 of the Regulations.

Item 47

Item 47 amends column 2 of item 15 of Part 2 of Schedule 6 of the Regulations which is concerned with firearms magazines. Item 15 articles are detachable firearm magazines that have a capacity of more than 5 rounds for semi-automatic, pump-action or fully automatic shotguns. The applicable import tests remain unchanged.

Item 48

This item amends column 2 of item 16 of Part 2 of Schedule 6 of the Regulations which is also concerned with firearms magazines. Item 16 articles are detachable firearm magazines that have a capacity of more than 10 rounds for semi-automatic rifles and fully automatic firearms other than fully automatic shotguns. The applicable import tests remain unchanged.

Item 16A of Part 2 of Schedule 6 of the Regulations which is concerned with detachable firearm magazines with a capacity of more than 15 rounds remains unchanged. Item 17 is the 'catch-all' item in relation to firearm magazines and also remains unchanged.

Item 49

Item 49 amends the description of the articles controlled under item 18 of Part 2 of Schedule 6 of the Regulations. This item sets out the import controls in relation to devices that increase the capacity of firearm magazines. The amendment makes it clear that it applies to devices that also increase the capacity of detachable box magazines.

Item 50

This item adds electro-shock cartridges to the types of articles described in item 19 of Part 2 of Schedule 6 of the Regulations.  The import tests for item 19 articles remains unchanged.

Electro-shock cartridges are a form of ammunition capable of being projected from a device which have an incapacitating, 'taser'-like effect.  This amendment will ensure their import is more highly controlled.

Item 51

Item 51 adds a new item under Part 2 of Schedule 6 of the Regulations. The new item relates to underwater powerheads. An underwater 'powerhead', or 'shark stick', is a specialised firearm used underwater that is fired when in contact with a target. A powerhead consists of a short length of tubing, which is the chamber for the cartridge. This type of article was previously excluded from the definition of 'firearm' and hence not controlled. This amendment brings the Regulations into line with State and Territory legislation which requires a person using an underwater powerhead to be appropriately licensed or authorised to possess or use the article.

The importation must comply with one of the import tests stipulated which include the police certification test.

Item 52

This item amends subitem 1.2 of Part 3 of Schedule 6 of the Regulations by excluding particular types of firearms from the 'safety requirements' scheme.

Underwater powerheads and blank-fire firearms are excluded from the safety requirements.

Item 53

Item 53 replaces subitem 1.3 of Part 3 of Schedule 6 of the Regulations. This subitem is concerned with the re-importation of firearms following export and the application or otherwise of the safety requirements.  If regulation 13E of the Customs (Prohibited Exports) Regulations 1958 applies to the firearm, then a licence or permission to export the goods must be presented at the time of re-importation, in which case, the safety requirements do not apply.  If regulation 13E of the Customs (Prohibited Exports) Regulations 1958 does not apply then the importer must provide written evidence that the firearm had been previously exported from Australia in order to avoid the application of the safety requirements.

This amendment addresses, in particular, the situation where a paintball marker is exported from Australia. Regulation 13E of the Customs (Prohibited Exports) Regulations 1958 does not apply to the export of paintball markers. Previously, upon re-importation of the paintball marker, the firearm had to be subjected to the safety requirements. This is neither desirable nor practicable.

It is the intention that paintball markers not be required to satisfy the safety requirements where such an item is being re-imported.

Item 54

This item repeals subitems 1.5 and 1.5A in Part 3 of Schedule 6 of the Regulations and inserts new subitems 1.5, 1.5A, 1.5B and 1.5C. Subitem 1.5 provides that firearms (other than those to which the safety requirements do not apply) must comply with the safety testing requirements set out in subitem 1.5B.

Subitem 1.5A provides for the obligation of the Collector to record serial numbers from all firearms at the time of importation.  The term 'Collector' is defined in section 8 of the Customs Act 1901 and is used throughout the Regulations to refer to an authorised officer of the Australian Customs and Border Protection Service.

Subitem 1.5B requires the Collector to confirm that firearms which are imported have safety switches and an effective trigger guard. This subitem also gives the Collector the discretion to conduct further testing if that is considered necessary.

Subitem 1.5C is a restatement of former subitem 1.5 of Part 3 of Schedule 6 of the Regulations. The subitem provides for when a firearm is taken to comply with the safety requirements.  However, new subitem 1.5C has been amended to reflect that further testing need only be conducted if the Collector considers it necessary.

Item 55

This item makes a grammatical change (omitting the word 'or' at the end of paragraph (b)) to facilitate the omission of paragraph (c) from subitem 1.6 of Part 3 of Schedule 6 of the Regulations.

Item 56

This item repeals paragraph (c) of subitem 1.6 of Part 3 in Schedule 6 of the Regulations. This paragraph referred to testing methods which are no longer considered effective.

Existing safety requirements in subitems 1.7, 1.9, 1.10 and 1.11 of Part 3 of Schedule 6 remain unchanged.

Item 57

This item repeals subitem 1.8 of Part 3 of Schedule 6 of the Regulations. The subitem is no longer required as it is now contained in new subitem 1.6.

Item 58

This item replaces references to 'as soon as practicable' where it appears in subitems 3.1 - 3.4 of Part 3 of Schedule 6 of the Regulations with a reference to 'within the period' in which the Attorney-General has specified in the import permit. This amendment ensures that the same terminology is used in respect of conditions attaching to import tests and avoids the uncertainty associated with using the words 'as soon as practicable'.

Item 59

This item inserts a note at the end of item 3A of Part 3 of Schedule 6 of the Regulations which directs the reader to definitions of terms used in this item.

Item 60

This item, along with the amendments made by items 61 - 67 of the amendment regulation, amends the conditions attaching to the grant of import permission under the dealer test. Items 15 - 18 of the amendment regulation amend the criteria for the dealer test in regards to category C and category D articles.

Item 60 amends the heading to item 4 of Part 3 of Schedule 6 of the Regulations to make clear that the 'dealer test' now applies to both category C and category D articles.

Item 61

This item amends subitem 4.1 of Part 3 of Schedule 6 of the Regulations by including category D articles in the subitem. Importation of category C or category D articles as dealer stock must comply with the conditions set out in subitem 4.2.

However, only category C articles can be imported as dealer stock for demonstration purposes (see item 17 above). Subitem 4.3 of Part 3 of Schedule 6 of the Regulations sets out the conditions attaching to the grant of import permission under those circumstances.

Item 62

This item amends subitem 4.2(a)(ii). It requires an importer who has imported category C or category D articles under the dealer test to only sell those articles to certain types of buyers. The amended item makes it clear that, if the article is a category C article, the article can be sold to a 'certified primary producer'.

Item 63

This item amends subitem 4.2 of Part 3 of Schedule 6 of the Regulations by giving the Attorney-General the ability to impose any other condition or requirement in an import permission. This promotes greater flexibility to tailor a permit to the importer's circumstances.

Item 64

Item 64 replaces subitem 4.3(a) of Part 3 of Schedule 6 of the Regulations. Subitem 4.3 applies to category C articles imported under the dealer test and which are to be used for demonstration purposes (see item 17 of the amendment regulation above). In the period specified in the import permission, an importer will be required to use the article for demonstration purposes or otherwise deal with the article in accordance with subitem 4.2. The latter subitem is concerned with disposal of dealer stock.

Item 65

This item replaces the opening paragraph to subitem 4.3(c) of Part 3 of Schedule 6 of the Regulations. Subitem 4.3 applies to category C articles imported under the dealer test and which are to be used for demonstration purposes (see item 17 above). The amended subitem provides that if the importer has not dealt with the article in accordance with subitem 4.3(a) by the expiration of the period mentioned in the Attorney-General's permission, then the article is either to be retained for demonstration purposes, exported, destroyed or dealt with in accordance with subitem 4.2(a). The latter subitem is concerned with disposal of dealer stock.

Item 66

This item amends subitem 4.3 of Part 3 of Schedule 6 of the Regulations by inserting a new paragraph (d) which gives the Attorney-General the ability to impose any other condition or requirement in an import permission. This promotes greater flexibility to tailor a permit to the importer's circumstances.

Item 67

This item inserts a note at the end of item 4 of Part 3 of Schedule 6 of the Regulations which directs the reader to relevant definitions in Part 4.

Item 68

This item, together with items 69 - 81, amend item 5 of Part 3 of Schedule 6 of the Regulations which deals with category H dealer stock. Category H relates to handguns. The purpose of these amendments is to remove 'stock limit' requirements.

Item 60 replaces the definition of 'category H (dealer stock) article'.

Item 69

This item replaces subitem 5.3(a)(i). The subitem requires an importer to produce, to the Collector, a certificate stating that the importer is 'certified' for stock purposes for category H (dealer stock) articles.

Item 70

This item amends subitem 5.3(a)(ii)(B) of Part 3 of Schedule 6 of the Regulations to retain grammatical sense as a consequence of the omission of subitem 5.3(a)(ii)(C) made by item 71 (below).

Item 71

This item repeals subitem 5.3(a)(ii)(C) of Part 3 of Schedule 6 of the Regulations which referred to an importer not holding more than the number of category H (dealer stock) articles he or she is certified to hold.

Item 72

Item 72 replaces subitem 5.4(c) of Part 3 of Schedule 6 of the Regulations. Subitem 5.4 is concerned with the disposal of category H (dealer stock) articles to certain persons. New subitem 5.4(c) will permit an importer to dispose of a category H (dealer stock) article to a licensed firearm dealer.

Item 73

Item 73 repeals items 5.5 and 5.6 of Part 3 of Schedule 6 of the Regulations and substitutes new subitem 5.6 which restates the obligation on an importer to notify a Collector of the disposal of a category H (dealer stock) article under subitem 5.4.

Item 74

This item amends subitem 5.7 of Part 3 of Schedule 6 of the Regulations by removing a reference to their having to be a 'number' of category H (dealer stock) articles.

Item 75

This item amends subitem 5.7(b)(ii) of Part 3 of Schedule 6 of the Regulations by removing a reference to their having to be a 'number' of category H (dealer stock) articles.

Item 76

This item amends subitem 5.8 of Part 3 of Schedule 6 of the Regulations by removing a reference to their having to be a 'number' of category H (dealer stock) articles.

Item 77

This item repeals subitem 5.9 of Part 3 of Schedule 6 of the Regulations and inserts a new subitem 5.9 which provides for the requirements of an application for a certificate under subitem 5.8.

Item 78

Item 78 amends subitems 5.10(b) of Part 3 of Schedule 6 of the Regulations by removing a reference to their having to be a 'number' of category H (dealer stock) articles.

Item 79

This item amends the concluding paragraph in subitem 5.10 of Part 3 of Schedule 6 of the Regulations by removing a reference to their having to be a 'number' of category H (dealer stock) articles.

Item 80

This item repeals subitems 5.11, 5.12 and 5.13 of Part 3 of Schedule 6 of the Regulations and substitutes new subitems 5.11 and 5.12 which deal with notice about changes in circumstances and revocation of certificates respectively. Each new subitem removes references to their having to be a 'number' of category H (dealer stock) articles'.

Item 81

This item inserts a note at the end of item 5 of Part 3 of Schedule 6 of the Regulations which directs the reader to relevant definitions in Part 4.

Item 82

This item amends subitem 1.1(ab)(ii) of Part 4 of Schedule 6 of the Regulations by making a grammatical change to facilitate the amendment made at item 83 below.

Item 83

This item amends the definition of 'certified sports shooter' by adding a new subitem 1.1(ab)(iii) of Part 4 of Schedule 6 of the Regulations. As a result of this amendment, a New Zealand citizen who holds a special category visa under the Migration Act 1958, and who is also a member of the Australian Clay Target Association, will be able to seek certification from the Attorney-General to be a 'certified sports shooter'.

Item 84

This item amends subparagraph 1.1(d)(ii) of Part 4 of Schedule 6 of the Regulations by removing a reference to 'self-loading' firearms and substituting a reference to  'semi-automatic' firearms. This terminology is consistent with contemporary descriptions of the type of action of firearms.

Item 85

This item inserts a note at the end of item 1 of Part 4 of Schedule 6 of the Regulations which directs the reader to relevant definitions also in Part 4.

Item 86

This item inserts a note at the end of item 1A of Part 4 of Schedule 6 of the Regulations which directs the reader to relevant definitions also in Part 4.

Item 87

This item amends paragraph 3.2(a) of Part 4 of Schedule 6 of the Regulations by removing a reference to 'self-loading' firearms and substituting a reference to 'semi-automatic' firearms. This terminology is consistent with contemporary descriptions of the type of action of firearms.

Item 88

Item 88 inserts a new subitem 3AA.1 in Part 4 of Schedule 6 of the Regulations. This subitem provides for a definition of 'category D article'. This definition is provided as part of other amendments in relation to the application of the dealer test to category D articles in items 15 - 18 and 60 - 67 (above).

Item 89

This item amends subitems 4.1 and 4.2 of Part 4 of Schedule 6 of the Regulations. This item amends the two meanings of 'certified buyer' as a consequence of changes made to the application of the dealer test to category D articles by items 15 - 18 and 60 - 67 (above).

Item 90

Item 90 replaces subitem 4.2(b) of Part 4 of Schedule 6 of the Regulations. This item amends the meaning of 'certified buyer' as a consequence of changes made to the specified person test by item 12 of the amendment regulation.

 

 

 


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