Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulations (2), (2A) and (2B), the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica is prohibited unless:
(a) the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or a replica is an article to which an item in Part 2 of Schedule 6 applies; and
(b) the importation is in accordance with the requirements set out in column 3 of the item.
(2) Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica that meets the criteria set out in regulation 3A.
(2A) Also, subregulation (1) does not apply to the importation of:
(a) a handgun that:
(i) is mentioned in column 2 in item 9 of Part 2 of Schedule 6; and
(ii) meets the criteria set out in regulation 3B; or
(b) a handgun part:
(i) to which item 10 of Part 2 of Schedule 6 applies; and
(ii) that meets the criteria set out in regulation 3B; or
(c) ammunition that:
(i) is mentioned in column 2 in item 20 of Part 2 of Schedule 6; and
(ii) meets the criteria set out in regulation 3B.
(2B) Also, subregulation (1) does
not apply to the importation
of a firearm, a firearm accessory, a firearm
part, a firearm magazine, ammunition, a component of ammunition or a replica
that meets the criteria mentioned in subregulation 3C (1).
(3) The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica is subject to the conditions (if any), set out in Part 3 (other than item 1) of Schedule 6, that relate to the importation.
(4) In this regulation:
"component of ammunition " means a projectile, cartridge casing or primer designed or adapted for use in ammunition.
deactivated firearm means an article that:
(a) was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(b) has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(d) still has the appearance of a firearm, and could reasonably be taken to be a firearm.
Note A firearm can be deactivated to the extent that it is incapable of being returned to its original firing condition, while keeping the appearance of a firearm.
For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:
(a) by fusion welding , which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or
(b) by sectioning , which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or
(c) another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.
firearm :
(a) means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and
(b) includes a deactivated firearm; and
(c) does not include the following devices:
(i) a nailing or stapling gun;
(ii) an explosive‑powered fixing tool;
(iii) a flare gun, or other signalling device, designed for emergency or life‑saving purposes;
(iv) a line‑thrower;
(v) a hand‑operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;
(vi) a tranquilliser gun;
(vii) a gun that operates a captive bolt for the slaughter of animals;
(viii) a device for the casting of weighted nets;
(ix) an underwater powerhead;
(x) large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 8 of Schedule 2 applies;
(xi) a sidewall core gun designed for geological purposes, mining purposes, or both;
(xii) an expandable casing perforation gun designed for geological purposes, mining purposes, or both.
"firearm accessory" means any of the following devices:
(a) a silencer designed or intended for use with a firearm;
(b) a device designed to modify a firearm so as to give it a rapid fire capability;
(c) a device capable of converting a firearm to fire in a fully automatic condition;
(d) a folding stock;
(e) a detachable stock;
(f) a telescopic stock;
(g) a collapsible stock.
"firearm magazine" means a magazine designed or intended for use with a firearm.
firearm part , for a firearm, means any of the following items:
(a) a gas piston, friction assembly, action bar, breech bolt or breech block;
(b) a firearm barrel;
(c) an assembled trigger mechanism;
(d) a receiver;
(e) something, other than a complete firearm, that includes 1 or more of these items.
Note The effect of the definition is that some items used in a firearm are not treated as 'firearm parts' by themselves, including the following items:
(a) a firearm accessory, a firearm magazine or ammunition;
(b) a screw, spring, or other minor component, of a firearm.
replica means an article, of any material or colour:
(a) that:
(i) is a copy or reproduction of a firearm; or
(ii) has the appearance of a firearm; and
(b) that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) that could reasonably be taken to be a firearm.