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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - SCHEDULE 13

Requirements for the importation of certain weapons and weapon parts

(regulation 4H)

Part 1 -- Tests

                   A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:

1  Official purposes test

            1.1  The importation of a good complies with the official purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

            1.2  The Minister or an 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 to be imported for the purposes of:

                              (i)  the government of the Commonwealth, a State or a Territory; or

                             (ii)  export under a contract to a government of a foreign country, in compliance with the Act (including any regulations or other instruments made under the Act); and

                     (b)  the ownership arrangements for the good are, or will be, in accordance with 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.

            1.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 1.2.

            1.4  For paragraph 1.2(a), examples of a good the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:

                     (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 proposes 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 a Territory.

            1.5  For paragraph 1.2(b), the ownership arrangements for a good are set out in the following 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

Both of the following:

(a) either:

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

(ii) the government must intend to acquire ownership of the good within a period that the Minister or an authorised person considers appropriate (to be specified in the permission);

(b) the government must retain ownership of the good until:

(i) the good is disposed of to another such government, or to the government of a foreign country; or

(ii) the good is destroyed.

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

The good may be owned by any person

Note:       See item 1 of Part 3 of this Schedule

 

(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

 

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 of the good until:

(i) the article is disposed of to another such government, or to the government of a foreign country; or

(ii) the good is destroyed.

4

Any other good imported for the purposes of the government of the Commonwealth, a State or a Territory

The government must:

(a) own the good at the time of importation; and

(b) retain ownership of the good until:

(i) the good is disposed of to another such government, or to the government of a foreign country; or

(ii) the good is destroyed.

5

A good that is to be exported under a contract to the government of a foreign country

The government of the foreign country must:

(a) either:

(i) own the good at the time of importation; or

(ii) intend to acquire ownership of the article within a period that the Minister or an authorised person considers appropriate (to be specified in the permission); and

(b) retain ownership of the good until:

(i) the good is disposed of to the government of another foreign country, or to the government of the Commonwealth, a State or a Territory; or

(ii) the good is destroyed.

Note:       See item 1 of Part 3.

2  Specified purposes test

            2.1  The importation of a good complies with the specified purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

            2.2  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 to be imported in the following circumstances:

                              (i)  the good is of a type not available in Australia;

                             (ii)  the good is to be imported for use in connection with the production of a film; 

                            (iii)  the good is not being imported for use in an advertisement, a music video or another type of film promoting music or a product;

                            (iv)  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; 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 a person in 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 , 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, manufacture, assembly, research or development, in a State or Territory;

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

                                        (A)  the government of the Commonwealth, a State or a Territory; or

                                        (B)  the government of a foreign country; or

                                        (C)  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 good is to be repaired, modified or tested, or used in training, manufacture, assembly, research or development--the imported holds a licence or authorisation of that kind;

                            (iv)  if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good--the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 , has stated, in writing, that a licence or permission to export the good after the repairs, modification or testing, or use in training, manufacture, assembly, research or development, will be granted under that regulation; 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;

                             (ii)  the good is owned by the defence force or a law enforcement agency of a foreign country;

                            (iii)  the good is to be imported by the defence force or law enforcement agency that owns the good, or a member of that defence force or law enforcement agency to whom the good has been issued;

                            (iv)  the defence force or law enforcement agency has been invited to participate in the sanctioned activity;

                             (v)  if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good--the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 , 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:

                                        (A)  is being imported for the completion of a specific project or tender; and

                                        (B)  will be allowed to remain in the country for a specified period of time, commensurate with that project or tender; and

                                        (C)  will be sold to a certified buyer or to the government of the Commonwealth, a State or a Territory, exported or destroyed once that period of time has expired;

                             (v)  if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good--the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 , 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 or authorised person is satisfied that the good will be secured appropriately in Australia.

Examples of a film for subparagraph 2.2(a)(ii)

*       a cinematographic film

*       a film or documentary made specifically for television, DVD or other electronic media

*       a television program or series.

            2.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 2.2.

3  Specified person test

            3.1  The importation of a good complies with the specified person test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

            3.2  The Minister or authorised person may give written permission for the importation of the good only if:

                     (a)  for a good mentioned in item 41 of Part 2 of this Schedule--the Minister or authorised person is satisfied of the following:

                              (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 or 43 of Part 2 of this Schedule--the Minister or authorised person 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 of authorisation of that kind;

                            (iv)  the good will be secured appropriately in Australia;

                             (v)  the quantity imported is for personal use; or

                   (ba)  for a good mentioned in item 41, 42 or 43 of Part 2 of this Schedule--the Minister or authorised person is satisfied of the following:

                              (i)  the importer of the good is a person who has a legitimate use for the good;

                             (ii)  the good will be imported for the use mentioned in subparagraph (i);

                            (iii)  if the good is imported for sale by the importer 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 a person is required to hold a licence or authorisation to possess the good in the State or Territory in which the person possesses the good--the good will be sold only to a person who holds the licence or authorisation;

                             (v)  the good will be secured appropriately in Australia; or

                     (c)  for a good mentioned in item 44 of Part 2 of this Schedule--the Minister or authorised person is satisfied of the following:

                              (i)  the importer of the good is a person who has a legitimate use for the good;

                             (ii)  the good will be imported for the use mentioned in subparagraph (i);

                            (iii)  if the good is imported for sale by the importer 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:

                                        (A)  the quantity imported is for personal use; and

                                        (B)  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;

                             (v)  the good will be secured appropriately in Australia; or

                     (d)  for a good mentioned in item 45 of Part 2 of this Schedule (anti-personnel sprays etc.)--the Minister or authorised person is satisfied of the following:

                              (i)  the good is imported for use by a person that has entered into a contract for the use of the good with the government of the Commonwealth, a State or a Territory;

                             (ii)  the contract is in force;

                            (iii)  if the importer is required to hold a licence or authorisation to possess the good in a State or Territory for the purpose of supplying the good to the person--the importer holds a licence or authorisation of that kind;

                            (iv)  if a person is required to hold a licence or authorisation to possess or use the good in a State or Territory for the purposes of the contract--the person holds a licence or authorisation of that kind;

                             (v)  the good will be secured appropriately in Australia.

            3.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 3.2.

4  Dealer test

            4.1  The importation of a good complies with the dealer test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

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

                     (b)  it is appropriate for the importer to hold the good for stock purposes, having regard to matters including:

                              (i)  the importer's experience supplying similar goods to the government of the Commonwealth, and the governments of the States and Territories; and

                             (ii)  the importer's compliance with the laws of those governments relating to dealing in such goods.

            4.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 4.2.

5  Returned goods test

            5.1  The importation of a good complies with the returned goods test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

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

                     (a)  that:

                              (i)  if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 applied to the good when previously exported--the good had previously been exported in accordance with a licence or permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 ; and

                             (ii)  if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 did not apply to the good when previously exported--the importer has provided evidence that the good had previously been lawfully exported; and

                            (iii)  the last importation (if any) of the good before the export:

                                        (A)  was a lawful importation; and

                                        (B)  was 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 (Prohibited Exports) Regulations 1958 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.

            5.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 5.2.

            5.4  In this item:

"modified " does not include repair.

6  Police certification test

                   The importation of a good complies with the police certification test if, before the importation of the good, the importer of the good was given a statement, in an approved form, by a relevant police representative (within the meaning of item 1B of Part 4 of Schedule 6) 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 to possess the good is not required under the law of the relevant State or Territory.

Note:       The importer can produce the statement personally or by an agent, for example a firearm dealer.

7  Collectors and non-government museum test

            7.1  The importation of a good complies with the collectors and non-government museum test if, at or before importation, the Minister gives written permission under this item for the importation of the good.

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

                     (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.

            7.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 7.2.

8  Historical items test

            8.1  The importation of a good complies with the historical items test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

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

                     (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.

            8.3  If an authorised person forms an opinion that the permission should not be granted:

                     (a)  the authorised person must refer the application to the Minister; and

                     (b)  the Minister may grant, or refuse to grant, the permission under subitem 8.2.

9  Public interest test

            9.1  The importation of a good complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.

            9.2  The Minister may give written permission for the importation of the good if the Minister is 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.

10  National interest test

          10.1  The importation of a good complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.

          10.2  The Minister may give written permission for the importation of the good if the Minister is 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.

Part 2 -- Requirements for specified weapons and weapon parts

 

Item

Weapons and weapon parts

Requirements

1

Any of, or any combination of, the following appliances or equipment that has been designed or adapted for warfare or like purposes other than appliances or equipment that:

(a) is modified or decorated by soldiers, prisoners of war or civilians for use as souvenirs or household ornaments (commonly known as Trench Art); and

(b) is not able to be restored to its original use

Dazzle or decoy devices

Equipment designed or adapted for the making of smoke screens

Explosives or incendiary materials

Flame throwers

Gases or liquids designed for the purpose of killing or incapacitating persons, and devices or apparatus designed or adapted for use with those goods

Grenades of any type, whether charged or not

Large calibre armament, weapons, launchers, throwers and projectors, whether or not mounted on vehicles, ships or aircraft that are designed for grenades, bombs, rockets or any other missile, ammunition or substance, including the following:

(a) cannon;

(b) guns, including self-propelled guns;

(c) howitzers;

(d) mortars;

(e) projectile launchers;

(f) recoilless rifles;

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the collectors and non-government museum test;

(e) the returned goods test;

(f) the public interest test;

(g) the national interest test

 

(g) tank destroyers

Mines (whether charged or not)

Projectiles, bombs, rockets or any other missile, ammunition (other than ammunition to which Part 2 of Schedule 6 applies) or substance (whether charged or not)

Trip flares

Parts, accessories and components (other than components of ammunition to which Part 2 of Schedule 6 applies) designed or adapted for, or for use with, any of the goods to which this item applies

 

1A

Military vehicles, military aircraft and military vessels within the following categories:

(a) battle tanks;

(b) armoured combat vehicles;

(c) combat aircraft;

(d) attack helicopters;

(e) warships

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the returned goods test;

(d) the collectors and non-government museum test;

(e) the public interest test;

(f) the national interest test.

2

Daggers or similar devices, being sharp-pointed stabbing instruments (not including swords or bayonets):

(a) ordinarily capable of concealment on the person; and

(b) having:

(i) a flat blade with cutting edges (serrated or not serrated) along the length of both sides; or

(ii) a needle-like blade, the cross section of which is elliptical or has three or more sides; and

(c) made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

3

Hand-held electric devices that are designed to administer an electric shock on contact, other than the following devices:

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

(b) hand-held electronic bug zappers that:

(i) are powered by a storage battery capacity not exceeding 6 volts; and

(ii) have the electrified grid shielded to prevent contact with the live component

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

4

Parts for hand-held electric devices to which item 3 applies

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

5

Acoustic anti-personnel devices that are designed:

(a) to cause permanent or temporary incapacity or disability to a person; or

(b) to otherwise physically disorientate a person

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

6

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

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

7

Blow-guns or blows-pipes that are capable of projecting a dart, or other devices that consist of a pipe or tube through which a missile in the form of a dart is capable of being projected by:

(a) the exhaled breath of the user; or

(b) another means other than an explosive

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

8

Darts capable of being projected from:

(a) a blow-gun or blow-pipe; or

(b) another device that consists of a pipe or tube through which a missile in the form of a dart is capable of being projected by:

(i) the exhaled breath of the user; or

(ii) another means other than an explosive

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

9

Goods of the kind known as nunchakus

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

10

Crossbows that, when discharged, are capable of causing:

(a) damage to property; or

(b) bodily harm;

other than toy crossbows

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

11

Parts for crossbows to which item 10 applies

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

12

Ballistic knives, being knives that discharge a blade as a projectile by a spring mechanism or other means.

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test.

13

Parts of ballistic knives described in item 12

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

14

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 blade of the knife, including knives commonly known as flick knives, switchblades or assisted opening knives

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

15

Parts for automatic knives described in item 14

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

18

Knuckle-dusters or similar devices that can be fitted over the knuckles of the hand of the user:

(a) to protect the knuckles; and

(b) to increase the effect of a punch or other blow;

whether the device has been manufactured for those purposes or adapted for those purposes

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

19

Gloves, or similar coverings for the hand, incorporating protrusions designed to puncture or bruise the skin

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

20

Goods incorporating:

(a) a concealed knife of any length, made of any material; or

(b) a concealed blade of any length, made of any material; or

(c) a concealed spike of any length, made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

21

Hunting slings, catapults or sling shots designed for use with, or a component part of which is, a brace that:

(a) fits or rests upon the forearm or upon another part of the body of the user; and

(b) supports the wrist or forearm against the tensions of any material used to propel a projectile

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

22

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

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

23

Star knives or similar devices:

(a) consisting of more than one angular point, blade or spike, disposed outwardly about a central axis point; and

(b) designed to spin around the central axis point in flight when thrown at a target; and

(c) made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test.

24

Sheath knives or similar devices:

(a) having a sheath which withdraws into its handle:

(i) by inertia, gravity or centrifugal force; or

(ii) if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife; and

(b) made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

25

Parts for sheath knives or similar devices described in item 24

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

26

Push knives or similar devices:

(a) designed as weapons that consist of a single-edged or multi-edged blade or spike that:

(i) has a handle fitted transversely to the blade or spike; and

(ii) allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action; and

(b) made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

27

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

(a) fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user:

(i) to protect the knuckles; and

(ii) to increase the effect of a punch or blow; and

(b) made of any material;

whether the device has been manufactured for those purposes or adapted for those purposes

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

28

Parts for trench knives or similar devices described in item 27

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

29

Throwing blades, throwing knives or throwing axes:

(a) designed or modified to be thrown; and

(b) made of any material

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the police certification test

30

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

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

31

Hand or foot claws, being goods consisting of claws that are made or modified to be attached to or worn on the hands or feet

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

32

Weighted gloves or similar goods (including a fingerless glove) consisting of a weighted glove designed or constructed to be used as a weapon

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

33

Butterfly knives, devices known as 'balisongs', or other devices that consist of a single-edge or multi-edged blade or spike that:

(a) fits within 2 handles attached to the blade or spike by transverse pivot pins; and

(b) is capable of being opened by inertia, gravity or centrifugal force

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test.

34

Parts for butterfly knives, devices known as 'balisongs', or other devices described in item 33

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

35

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

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

36

Parts for shark darts or similar devices described in item 35

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

37

Dart projectors known as 'darchery dartslingers' or similar devices that are designed to project a dart by means of an elasticised band

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

38

Parts for dart projectors known as 'darchery dartslingers' or similar devices described in item 37

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the public interest test;

(f) the national interest test

39

Maces or similar goods:

(a) capable of causing injury; and

(b) consisting of a club or staff fitted with a flanged or spiked head;

other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the historical items test;

(f) the public interest test;

(g) the national interest test.

40

Flails or similar goods consisting of a staff or handle that has fitted to one end, by any means, a freely swinging striking part armed with spikes or studded with any protruding matter

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the dealer test;

(d) the returned goods test;

(e) the historical items test;

(f) the public interest test;

(g) the national interest test

41

Body armour, or any other similar goods:

(a) designed for anti-ballistic or anti-fragmentation purposes; and

(b) designed to be worn on any part of the human body.

However, this item does not apply to the following:

(a) helmets;

(b) anti-ballistic articles designed for eye or hearing protection;

(c) vests or plate carriers with no anti-ballistic or anti-fragmentation protection.

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c)  the specified person test;

(d) the dealer test;

(e) the returned goods test;

(f) the historical items test;

(g) the public interest test;

(h) the national interest test

42

Extendable or telescopic batons, designed or adapted so that the length of the baton extends by inertia, gravity, centrifugal force or pressure applied to a button, spring or device in or attached to the handle or baton.

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the dealer test;

(e) the returned goods test;

(f) the public interest test;

(g) the national interest test

43

Parts for extendable or telescopic batons described in item 42

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the dealer test;

(e) the returned goods test;

(f) the public interest test;

(g) the national interest test

44

Hand-held goods, commonly known as laser pointers, designed or adapted to emit a laser beam with an accessible emission level of greater than 1 mW

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the dealer test;

(e) the returned goods test;

(f) the public interest test;

(g) the national interest test

45

Anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays; grenades or canisters, designed for use with anti-personnel sprays or anti-personnel chemicals

The importation must comply with at least one of the following tests:

(a) the official purposes test;

(b) the specified purposes test;

(c) the specified person test;

(d) the dealer test;

(e) the returned goods test;

(f) the public interest test;

(g) the national interest test.

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

1  Official purposes test

            1.1  The importation, in accordance with the official purposes test, of a good to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:

                     (a)  if the government does not acquire ownership of the good in the period, after importation, mentioned in the 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 permission.

            1.2  The importation, in accordance with the official purposes test, of a good to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:

                     (a)  unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the 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 permission.

            1.3  The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:

                     (a)  unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the 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 permission.

            1.4  The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:

                     (a)  unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the 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 permission.

            1.5  The importation, in accordance with the official purposes test, of a good that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:

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

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

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 within the period, after importation, mentioned in the permission; and

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

3  Dealer test

            3.1  The importation of a good in accordance with the dealer test is subject to the condition that the importer must retain possession of the good until the importer disposes of the good by:

                     (a)  selling the good in accordance with subitem 3.2; or

                     (b)  exporting the good in compliance with the Act (including any regulations or other instruments made under the Act); or

                     (c)  destroying the good.

            3.2  For paragraph 3.1(a), the good may be sold to any of the following:

                     (a)  a government of the Commonwealth, a State or a Territory;

                     (b)  a person with a contract for the sale of the good in force with such a government at the time of transfer of ownership of the good to the person;

                     (c)  a certified buyer for the good.

Part 4 -- Interpretation

1  Meaning of authorised person

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

2  Meaning of certified buyer

                   For this Schedule, a person is a certified buyer , if the Minister or an authorised person certifies, in writing, that the Minster 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.

3  Meaning of sanctioned activity

                   In this Schedule, sanctioned activity has the same meaning as in Schedule 6 (see item 8 of Part 4 of that Schedule).




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