Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsA 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 an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition or a component of ammunition to which the official purposes test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
1.2 The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:
(a) the article is for the purposes of the government of the Commonwealth, a State or a Territory; and
(b) the ownership arrangements for the article are, or will be, in accordance with subitem 1.4; and
(c) the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the article is to be used.
1.3 For paragraph 1.2 (a), examples of an article the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:
(a) an article to be supplied to the government under a contract in force when the article is to be imported; and
(b) an article to be shown to the government to demonstrate its uses; and
(c) an article that the government proposes to inspect, test or evaluate; and
(d) an article that the government proposes to use for training; and
(e) an article that has been given or donated to the government; and
(f) an article 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.
1.4 For paragraph 1.2 (b), the ownership arrangements for an article are set out in the following table:
Table
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Item |
Article |
Ownership arrangements |
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1 |
An article that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract |
Either: (a) the government must own the article at the time of importation, and must retain ownership; or (b) the government must intend to acquire ownership of the article in a period that the Attorney‑General considers appropriate (to be specified in the Attorney‑General's permission), and must retain ownership Note See item 3 of Part 3. |
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2 |
An article that: (a) is to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses; or |
The article may be owned by any person Note See item 3 of Part 3. |
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(b) the government of the Commonwealth, a State or a Territory proposes to inspect, test, evaluate or use for training; or (c) is to be consumed or destroyed in the course of testing related to a contract with the government; or (d) is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory. |
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3 |
An article that has been given or donated to the government of the Commonwealth, a State or a Territory |
All of the following: (a) the article must have been given or donated to the government before importation; (b) the government must own the article at the time of importation; (c) the government must retain ownership |
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4 |
Any other article |
The government must: (a) own the article at the time of importation; and (b) retain ownership |
2. Specified purposes test
2.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition or a component of ammunition to which the specified purposes test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
2.2 The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:
(a) the article:
(i) is of a type not available in Australia; and
(ii) is to be used in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use ; and
(iii) is not to be used in an advertisement, a music video or another type of film promoting music or a product; or
(b) the article is of a type not available in Australia, and is to be used in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation in accordance with the law of the State or Territory to possess an article of that type and for that use; or
(c) the article is ammunition, or a component of ammunition, 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
(d) the article is to be imported in the following circumstances:
(i) the article is to be imported for repairs, modification or testing, or for use in training, research or development, in a State or Territory;
(ii) the article 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 country other than Australia; or
(C) the United Nations;
(iii) the importer holds a licence or authorisation to possess the article for a purpose mentioned in subparagraph (i) in accordance with the law of the State or Territory where the article is to be repaired, modified or tested, or used in training, research or development;
(iv) 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 article after the repairs, modification or testing, or use in training, research or development, will be granted under that regulation; or
(e) the article is to be imported in the following circumstances:
(i) the article is to be imported only for transhipment to another country;
(ii) the Minister for Defence or a person authorised for regulation 13E of the Customs (Prohibited Exports) Regulations 1958 , has granted a licence or permission to export the article; or
(f) the article is to be imported in the following circumstances:
(i) the article is to be imported for use in a defence‑sanctioned activity;
(ii) the article is owned by the defence force of another country;
(iii) the article is to be imported by:
(A) the defence force that is the owner of the article; or
(B) a member of that defence force to whom the article has been issued;
(iv) the defence force has been invited to participate in a defence‑sanctioned activity;
(v) 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 article after close of the defence‑sanctioned activity, will be granted under that regulation; or
(g) the article is to be imported in the following circumstances:
(i) the importer's principal or sole occupation is the business of researching or developing firearms technology or other defence and law enforcement related products;
(ii) the importer has a proven history of developing or producing firearms technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;
(iii) the importer holds a licence or authorisation to possess the article for research or development purposes in accordance with the law of the State or Territory in which the article is to be used in research or development;
(iv) the article:
(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 exported or destroyed once that period of time has expired;
(v) 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 article after the use in research or development will be granted under that regulation;
(vi) the Attorney‑General is satisfied that the article will be secured appropriately in Australia.
Examples of a film for paragraph 2 . 2 (a)
• a cinematographic film
• a film or documentary made specifically for television
• a television program or series.
3. Specified person test
3.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition or a component of ammunition to which the specified person test relates, complies with the test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
3.2 The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:
(a) the importer of the article is a person whose principal or only occupation is the business of controlling vertebrate pest animals on rural land; and
(b) the importer holds a licence or authorisation, in accordance with the law of the State or Territory in which the importer will carry out that occupation, to possess the article for the purpose of carrying out that occupation.
4. Police authorisation test
4.1 The importation of an article, being a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica to which the police authorisation test relates, complies with the test if:
(a) the importer of the article has been given a statement, in an approved form, by a relevant police representative to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the article, or that a licence or authorisation to possess the article is not required under the law of the relevant State or Territory; and
(b) for a category C article -- the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer is a primary producer; and
(c) for a category H article (except a category H article to which subitem 4.2 applies) -- the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer:
(i) is a certified sports shooter for the article; or
(ii) is a certified international sports shooter for the article; or
(iii) is certified for business or occupational purposes for the article; or
(iv) is a certified collector for the article; and
(d) the importer produces to a Collector, at or before importation:
(i) the statement in the approved form; and
(ii) if the article is a category C or category H article, the certificate in the approved form.
Note The importer can produce the statement, or statement and certificate, personally or by an agent, eg a firearm dealer.
4.2 This subitem applies to a category H article if the importer of the article is the government of the Commonwealth, a State or a Territory.
5. Sports shooter test
5.1 The importation of a restricted category C article complies with the sports shooter test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
5.2 The Attorney‑General must not give written permission for the importation of the article unless the importer is a certified sports shooter for the article.
5A. International sports shooter test
5A.1 The importation of a restricted category C article complies with the international sports shooter test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
5A.2 The Attorney‑General must not give written permission for the importation of the article unless the importer is a certified international sports shooter for the article.
6. Dealer test -- category C article
6.1 The importation of a category C article complies with the dealer test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
6.2 The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:
(a) the importer is a licensed firearm dealer; and
(b) if the importation of the article is stated by the importer to be for demonstration or testing purposes:
(i) the article is to be used by the importer for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes; and
(ii) the importation of the article will not result in the importer having in Australia (excluding any category C article imported in compliance with a test other than the dealer test):
(A) more than one of a particular model of category C article that has been imported for demonstration or testing purposes; or
(B) more than a total of 5 category C articles that have been imported for demonstration or testing purposes.
7. Dealer test -- category H article
7.1 The importation of a category H article complies with the dealer test if:
(a) the importer carries on the business of a firearm dealer; and
(b) the importer of the article has been given a statement, in an approved form, by a relevant police representative to the effect that:
(i) the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business, to possess category H articles for the purpose of the importer's business; and
(ii) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(c) the importer gives the statement to a Collector at or before importation.
Note The importer may give the statement to a Collector personally or by an agent, for example, an employee of the importer.
8. Returned goods test
8.1 The importation of:
(a) a firearm; or
(b) a firearm accessory; or
(c) a firearm part; or
(d) a firearm magazine; or
(e) ammunition; or
(f) a component of ammunition;
to which the returned goods test relates complies with the returned goods test if the importer of the article produces to a Collector, at or before importation, the written permission of the Attorney‑General for the importation of the article.
8.2 The Attorney‑General must not give written permission for the importation of the article unless the Attorney‑General is satisfied that:
(a) the article had previously been exported in accordance with a licence or permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 ; and
(b) the last importation (if any) of the article before that export:
(i) was a lawful importation; and
(ii) was not subject to a condition that the article was to be exported after importation; and
(c) no modification of the article has been carried out since that export; and
(d) the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the laws of the State or Territory in which the importer resides.
8.3 In subitem 8.2:
"modification" does not include repairs.
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Column 1 Item |
Column 2 Firearm, firearm accessory, firearm part, firearm magazine, ammunition, component of ammunition or replica |
Column 3 Requirements |
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1 |
Any of the following firearms, other than a firearm: (a) that is: (i) fitted, whether by original design or by modification, with a folding or detachable stock; and (ii) capable of being fired when the stock is in the folded position or removed; or (b) that is substantially the same in appearance as a fully automatic firearm. Air rifle. Soft air rifle. Rimfire rifle, other than a self‑loading rimfire rifle. Single shot shotgun. Double barrel shotgun. |
For a firearm, other than a soft air rifle: (a) the importation must comply with at least 1 of the following tests: (i) the official purposes test; (ii) the specified purposes test; (iii) the specified person test; (iv) the Police authorisation test; and (b) if the firearm was manufactured on or after 1 January 1900 -- the firearm must bear a unique serial number; and |
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(c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. |
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For a soft air rifle: (a) the importation must comply with the Police authorisation test; and (b) if the firearm was manufactured on or after 1 January 1900 -- the firearm must bear a unique serial number; and (c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. |
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1A |
A replica of a firearm mentioned in item 1, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. |
The importation must comply with the Police authorisation test. |
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2 |
Any of the following firearms, other than a firearm:
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The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test. |
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(a) that is: (i) fitted, whether by original design or by modification, with a folding or detachable stock; and (ii) capable of being fired when the stock is in the folded position or removed; or (b) that is substantially the same in appearance as a fully automatic firearm. Muzzle‑loading firearm. Single shot centre fire rifle. Double barrel centre firing rifle. Repeating action centre fire rifle. Break‑action shotgun/rifle combination. Repeating bolt action shot gun. Lever action shot gun. |
If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item. |
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2A |
A replica of a firearm mentioned in item 2, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. |
The importation must comply with the Police authorisation test. |
3 |
Any of the following firearms, other than a firearm that is: (a) fitted, whether by original design or by modification, with a folding or detachable stock; and |
For a self‑loading rimfire rifle: (a) the importation must comply with at least 1 of the following tests: (i) the official purposes test; (ii) the specified purposes test; |
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(b) capable of being fired when the stock is in the folded position or removed. Self‑loading rimfire rifle: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 10 rounds. Self‑loading shotgun: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 5 rounds. |
(iii) the specified person test; (iv) the Police authorisation test; (v) the dealer test; (vi) the returned goods test; and (b) if the firearm was manufactured on or after 1 January 1900 -- the firearm must bear a unique serial number; and (c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. |
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Pump action repeating shotgun: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 5 rounds. |
For a self‑loading shotgun or pump action repeating shotgun: (a) the importation must comply with at least 1 of the following tests: (i) the official purposes test; (ii) the specified purposes test; (iii) the specified person test; (iv) the Police authorisation test; (v) the sports shooter test; |
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(vi) the international sports shooter test; (vii) the dealer test; (viii) the returned goods test; and (b) if the firearm was manufactured on or after 1 January 1900 -- the firearm must bear a unique serial number; and (c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. |
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3A |
A replica of a firearm mentioned in item 3, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. |
The importation must comply with the Police authorisation test. |
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4 |
Firearm part of, or for, a firearm to which item 1, 2 or 3 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm. |
For a part of, or for, a self‑loading rimfire rifle, the importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test; (e) the dealer test; (f) the returned goods test. For a part of, or for, a self‑loading shotgun or pump action repeating shotgun mentioned in item 3, the importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test; (e) the sports shooter test; (f) the international sports shooter test; (g) the dealer test; (h) the returned goods test. |
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For a part of, or for, another firearm, the importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test. |
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5 |
Firearm accessory for a firearm to which item 1, 2, 3 or 14A applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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6 |
Any of the following firearms, unless: (a) fitted, whether by original design or by modification, with a folding or detachable stock; and (b) capable of being fired when the stock is in the folded position or removed. Self‑loading centre fire rifle. Self‑loading rimfire rifle fitted with a firearm magazine of a capacity greater than 10 rounds. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item. |
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Self‑loading shotgun fitted with a firearm magazine of a capacity greater than 5 rounds. |
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Pump action repeating shotgun fitted with a firearm magazine of a capacity greater than 5 rounds. |
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6A |
A replica of a firearm mentioned in item 6, other than a replica that is fitted, whether by original design or by modification, with a folding or detachable stock. |
The importation must comply with the Police authorisation test. |
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7 |
Firearm part of, or for, a firearm to which item 6 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test. |
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8 |
Firearm accessory for a firearm to which item 6 applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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9 |
Any of the following firearms (including complete, but disassembled or unassembled, firearms), unless the firearm: (a) has a fully automatic firing capability; or (b) is substantially the same in appearance as a sub‑machine gun, a machine pistol or a handgun that has a fully automatic firing capability. Handgun. Soft air handgun. |
For a handgun: (a) the importation must comply with at least 1 of the following tests: (i) the official purposes test; (ii) the specified purposes test; (iii) the specified person test; (iv) the Police authorisation test; (v) the dealer test; (vi) the returned goods test; and |
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(b) if the firearm was manufactured on or after 1 January 1900 -- the firearm must bear a unique serial number; and (c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. For a soft air handgun: (a) the importation must comply with at least 1 of the following tests: (i) the Police authorisation test; (ii) the dealer test; and (b) if the firearm was manufactured on of after 1 January 1900 -- the firearm must bear a unique serial number; and (c) if item 1 of Part 3 of this Schedule applies to the firearm -- the firearm must comply with the safety requirements set out in the item. |
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9A |
A replica of a firearm mentioned in item 9, other than a replica that is substantially the same in appearance as a sub‑machine gun, a machine pistol or a handgun that has a fully automatic firing capability. |
The importation must comply with the Police authorisation test. |
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9B |
A frame or receiver of, or for, a firearm to which item 9 applies |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test; (e) the dealer test; (f) the returned goods test. |
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10 |
Firearm part (other than a frame or receiver) of, or for, a firearm to which item 9 applies, other than a firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the Police authorisation test; (e) the returned goods test. |
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11 |
Firearm accessory for a firearm to which item 9 applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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12 |
Firearm, not being a firearm to which item 1, 2, 3, 6, 9 or 14A applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. |
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12A |
A replica of a firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies. |
The importation must comply with the Police authorisation test. |
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13 |
Firearm part of, or for, a firearm, not being a firearm to which item 1, 2, 3, 6, 9 or 13A applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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13A |
Firearm part which is capable of converting, either on its own or in conjunction with other parts, a firearm with a single or repeating action to a self‑loading or fully automatic firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test.
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14 |
Firearm accessory for a firearm, not being a firearm to which item 1, 2, 3, 6 or 9 applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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14A |
Any of the following firearms, unless the firearm: (a) has a fully automatic firing capability; or (b) is substantially the same in appearance as a fully automatic firearm. Single shot paintball marker designed exclusively to fire paintballs. |
The importation must comply with the Police authorisation test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. If item 1 of Part 3 of this Schedule applies to the firearm, the firearm must comply with the safety requirements set out in the item. |
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Repeating action paintball marker designed exclusively to fire paintballs. Self‑loading paintball marker designed exclusively to fire paintballs. A firearm part of, or for, a paintball marker mentioned in this item. |
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15 |
Detachable firearm magazine, having a capacity of more than 5 rounds, for: (a) self‑loading centre‑fire rifles; or (b) self‑loading shotguns or pump‑action shotguns; or (c) fully automatic firearms; whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified person test; (c) the specified purposes test; (d) the returned goods test. |
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16 |
Detachable firearm magazine, having a capacity of more than 10 rounds, for: (a) rimfire self‑loading rifles; or (b) pump‑action or lever action centre‑fire rifles; whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test. |
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16A |
Detachable firearm magazine, having a capacity of more than 15 rounds, for repeating action centre‑fire rifles other than a pump‑action or lever action centre‑fire rifle, whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test. |
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17 |
Firearm magazine, other than a firearm magazine to which item 15, 16 or 16A applies, whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the Police authorisation test; (c) the specified purposes test; (d) the returned goods test. |
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18 |
Device that increases the capacity of an integral firearm magazine or a tubular firearm magazine, whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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19 |
Ammunition of the following kinds for a firearm to which item 1, 2, 3, 6, 9 or 12 applies: (a) ammunition that has, as part of the components (either assembled or separate), a projectile known as any of the following kinds: |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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(i) tracer; (ii) frangible; (iii) explosive; (iv) incendiary; (vi) armour piercing; (vii) penetrator; (viii) saboted light armour piercing (SLAP); (ix) flechette (being a combined collection of arrows or spears); |
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(b) handgun ammunition that is designed, advertised or capable of defeating: (i) soft body armour; or (ii) opaque or glazed bullet resistant material. |
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20 |
Ammunition for any firearm to which item 1, 2, 3, 6, 9, 12 or 14A applies, other than ammunition to which item 19 applies. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the Police authorisation test. |
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21 |
A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, if the component is one of the following kinds of projectile: (a) tracer; (b) frangible; (c) explosive: (d) incendiary; (e) armour piercing; (f) penetrator; (g) saboted light armour piercing (SLAP); (h) flechette (a combined collection of arrows or spears). |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
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22 |
A component of ammunition for a firearm to which item 9 applies, if the component is designed, advertised or capable of defeating: (a) soft body armour; or (b) opaque or glazed bullet resistant material. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
|
23 |
A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, other than a component to which items 21 and 22 apply. |
The importation must comply with at least 1 of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the Police authorisation test. |
1. Safety requirements for firearms
1.1 The safety requirements do not apply to a firearm if the importation of the firearm complies with:
(a) the official purposes test; or
(b) the specified purposes test.
1.2 The safety requirements do not apply:
(a) to a firearm that:
(i) was manufactured before 1 January 1900; or
(ii) is designed or adapted for competition target shooting; or
(b) to a replica; or
(c) to a deactivated firearm.
1.3 The safety requirements do not apply to a firearm if the importer of the firearm produces to a Collector, at the time of importation, evidence, in the form of:
(a) a restricted goods permit; or
(b) an export permit issued by the Department of Defence;
that the firearm had previously been exported from Australia by the importer.
1.4 The safety requirements do not apply to a firearm if:
(a) the importer is:
(i) entitled, under a visa issued under the Migration Act 1958 , to enter, or remain in, Australia for a period of not more than 1 year; or
(ii) entitled, under a New Zealand passport to enter, or remain in, Australia; and
(b) the importer produces to a Collector, at or before the time of importation:
(i) documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and
(ii) the licence or authorisation, in accordance with the law of each State or Territory where any competition or hunting activity referred to in the documentary evidence is to be conducted, to possess the firearm for the purposes of the competition or hunting activity; and
(c) if the importer is referred to in subparagraph (a) (i) -- the firearm is to be exported not later than the expiry of the relevant visa; and
(d) if the importer is referred to in subparagraph (a) (ii) -- the firearm is to be exported not later than 1 year after the date of its importation.
1.5 A firearm, other than:
(a) a firearm to which the safety requirements do not apply because of subitem 1.1, 1.2, 1.3 or 1.4; or
(b) a firearm mentioned in subitem 1.10;
must comply with the requirements of subitems 1.6 to 1.9 (inclusive), tested in accordance with arrangements approved, in writing by the Attorney‑General.
1.5A A firearm is taken to comply with the requirements of either subitems 1.6 to 1.9 (inclusive) or subitem 1.10 if:
(a) it is tested in accordance with procedures approved by the Minister, and complies with the requirements; or
(b) each of the following applies:
(i) the firearm is included in a consignment of firearms;
(ii) a sample of the items in the consignment is selected for testing in accordance with procedures approved by the Minister;
(iii) the result of the testing of the sample is that each firearm in the sample complies with the requirements.
1.6 The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:
(a) it is held with the barrel vertical and dropped 3 times, being re‑cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt‑first onto a rubber mat that:
(i) is 25 millimetres thick; and
(ii) has a hardness reading (in this item called the appropriate hardness reading ) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683‑1976 ("Indentation Hardness of Rubber and Plastics by means of a Durometer"), published on 1 September 1976; or
(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:
(i) has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and
(ii) is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow; or
(c) in the case of a firearm having an exposed hammer or exposed hammers or having a bolt action, each hammer or bolt tail is struck once by a rubber hammer that:
(i) has a head that weighs 450 grams and has the appropriate hardness reading; and
(ii) is held at the end of the handle with the head 30 centimetres above the point to be struck; and
(iii) is allowed to fall under its own weight.
1.6A If the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:
(a) each hammer or cocking device is moved back towards the cocked position; and
(b) immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.
1.7 Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of less than or equal to 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.
1.8 The firearm must be fitted with an effective trigger guard.
1.9 The firearm must, unless it is a hammer firearm fitted with a half‑cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:
(a) when engaged in the "safe" position, prevents discharge of the firearm; and
(b) can be disengaged only by:
(i) for an external safety device -- distinct pressure on the device; or
(ii) for an integral safety device -- sustained pressure on the trigger; and
(c) for an applied, external, safety device -- clearly indicates when the firearm is able to discharge.
1.10 For a firearm mentioned in item 14A of Part 2 of Schedule 6, the firearm:
(a) must be fitted with an effective trigger guard; and
(b) must be fitted with a safety device (either mechanical or electronic) that:
(i) when engaged in the "safe" position -- prevents discharge of the firearm; and
(ii) can be disengaged only by:
(A) for an external safety device -- distinct pressure on the device; or
(B) for an integral safety device -- sustained pressure on the trigger; and
(iii) for an applied, external safety device, clearly indicates when the firearm is able to discharge.
1.11 The firearm must not:
(a) contain parts; or
(b) be the subject of any modification, corrosion, damage or alteration;
which would make the firearm unsafe in its use.
2. Specified purposes test
2.1 The importation of an article in accordance with the specified purposes test is subject to the condition that the importer of the article must:
(a) unless the article has been destroyed, export the article within the period, after importation, mentioned in the Attorney‑General's permission; and
(b) comply with any condition or requirement specified, in relation to the article, in the permission.
3. Official purposes test
3.1 The importation, in accordance with the official purposes test, of an article to be supplied to the government of the Commonwealth, a State or a Territory under a contract is subject to the following conditions:
(a) if the government does not acquire ownership of the article in the period, after importation, mentioned in the Attorney‑General's permission, the importer must export the article as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
3.2 The importation, in accordance with the official purposes test, of an article 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 article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Attorney‑General's permission, the importer must export the article as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
3.3 The importation, in accordance with the official purposes test, of an article 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 article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Attorney‑General's permission, the importer must export the article as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
3.4 The importation, in accordance with the official purposes test, of an article 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 article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Attorney‑General's permission, the importer must export the article as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
3.5 The importation, in accordance with the official purposes test, of an article 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 article must be exported within the period, after importation, mentioned in the Attorney‑General's permission;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
3A. International sports shooter test
3A.1 The importation, in accordance with the international sports shooter test, of a restricted category C article is subject to the following conditions:
(a) the importer must export the article in the period, after importation, mentioned in the Attorney‑General's permission (unless the article has been destroyed);
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Attorney‑General's permission.
4. Dealer test -- category C article
4.1 The importation, in accordance with the dealer test, of a category C article is subject to the condition that the importer must comply with:
(a) the conditions mentioned in subitem 4.2; or
(b) if the importation of the article is stated by the importer to be for demonstration or testing purposes, the conditions mentioned in subitem 4.3.
4.2 For paragraph 4.1 (a), the conditions are as follows:
(a) the importer must not sell the article except to:
(i) a certified buyer for the article; or
(ii) a certified primary producer; or
(iii) if the article is a restricted category C article, a certified sports shooter for the article;
(b) the importer must store the article with a Collector, or a person authorised by a Collector, until:
(i) the article has been sold to a person mentioned in subparagraph (a) (i) or (ii) or, if the article is a restricted category C article, to a person mentioned in subparagraph (a) (iii); and
(ii) the importer declares to a Collector, in an approved form, that the article has been sold to that person; and
(iii) the importer produces to a Collector satisfactory evidence that:
(A) the sale has happened; and
(B) the buyer is a person mentioned in subparagraph (a) (i) or (ii) or, if the article is a restricted category C article, a person mentioned in subparagraph (a) (iii).
4.3 For paragraph 4.1 (b), the conditions are as follows:
(a) the importer must not use the article except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes, during the period, after importation, mentioned in the Attorney‑General's permission;
(b) the importer must retain ownership and possession of the article, during the period, after importation, mentioned in the Attorney‑General's permission, unless the article is exported or destroyed;
(c) the importer must, after the period mentioned in the Attorney‑General's permission:
(i) retain the article for the purpose of demonstrating its uses for inspection; or
(ii) export the article; or
(iii) destroy the article; or
(iv) deal with the article in accordance with paragraph 4.2 (a).
5. Dealer test -- category H article
5.1 In this item:
"category H (dealer stock) article" means a category H article that has been imported under the dealer test in item 7 of Part 1, and is held by:
(a) the person by whom it was imported; or
(b) a person who acquired it from the person by whom it was imported.
"licensed firearm dealer" means a licensed firearm dealer for category H articles.
5.2 The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with subitems 5.3, 5.4, 5.5 and 5.6.
5.3 The importer must store the article with a Collector, or a person authorised by a Collector, unless:
(a) the importer:
(i) produces to a Collector a certificate stating that the importer is certified for stock purposes for a specified number of category H (dealer stock) articles; and
(ii) gives a written declaration to a Collector stating that:
(A) the importer holds a licence or authorisation, in accordance with the law of the State or Territory where the importer carries on the business of a firearm dealer, to possess category H articles for stock purposes; and
(B) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(C) the release of the article to the importer will not result in the importer holding for stock purposes more than the number of category H (dealer stock) articles that the importer is certified to hold for those purposes; or
(b) the importer produces to a Collector an export permit issued by the Department of Defence that permits the article to be exported from Australia by the importer.
5.4 The importer may only dispose of the article:
(a) to a person (other than a licensed firearm dealer) who holds a licence or authorisation, in accordance with the law of a State or Territory, to possess the article; or
(b) to a person who holds a written authority or permission given by a relevant police representative stating that the person is not required to hold a licence or authorisation, in accordance with the law of the relevant State or Territory, to possess the article; or
(c) to a person who is certified for stock purposes for a specified number of category H (dealer stock) articles; or
(d) by exporting the article.
5.5A For paragraph 5.4 (a), if the importer proposes to dispose of the category H article to a person who holds a licence for the purpose of taking part in sports shooting, the article must comply with subitem 1.3 of Part 4 of this Schedule.
5.5 If the importer disposes of the article in a way authorised by subitem 5.4, the importer must give to a Collector, at the time the importer next seeks a release of category H (dealer stock) articles to be held by the importer for stock purposes:
(a) a written declaration by the importer:
(i) stating that the importer has disposed of the article in a way authorised by subitem 5.4; and
(ii) giving details of the disposal; and
(b) if the disposal was to a person mentioned in paragraph 5.4 (c) -- a written declaration by the person stating that:
(i) the person holds a licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business of a firearm dealer, to possess category H articles for stock purposes; and
(ii) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(iii) the acquisition by the person will not result in the person holding for stock purposes more than the number of category H (dealer stock) articles that the person is certified to hold for those purposes.
5.6 If the importer disposes of a category H (dealer stock) article held by the importer for stock purposes to a person mentioned in paragraph 5.4 (c), the importer must give to the CEO, or an authorised officer, within 7 days after the disposal, a copy of the declarations mentioned in paragraphs 5.5 (a) and (b) that relate to the disposal, unless the importer has already given the declarations to the Collector under subitem 5.5.
5.7 For this item, a person is certified for stock purposes , for a specified number of category H (dealer stock) articles, if:
(a) the person is a licensed firearm dealer; and
(b) the person holds a certificate that:
(i) was issued by the CEO or an authorised officer; and
(ii) states that the person is certified, for a specified period, to hold that number of category H (dealer stock) articles for stock purposes; and
(c) the certificate has not:
(i) been cancelled at the request of the person; or
(ii) been revoked by the CEO, or an authorised officer, under subitem 5.12; or
(iii) otherwise ceased to have effect.
5.8 For subitem 5.7, a person who is a licensed firearm dealer may apply to the CEO, or an authorised officer, for a certificate stating that the person is certified, for a specified period, to hold a specified number of category H (dealer stock) articles for stock purposes.
5.9 An application by a person for a certificate under subitem 5.8 must:
(a) be accompanied by a copy of the person's licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business of a firearm dealer, to possess category H articles for stock purposes; and
(b) in the case of a person who has applied to be certified to hold more than 10 category H (dealer stock) articles for stock purposes -- include the following:
(i) details of any previous relevant disposals, within the meaning given by subitem 5.13, made by the person;
(ii) satisfactory evidence about the number of category H (dealer stock) articles likely to be required by the person, in the period of 6 months after the issue of the certificate, for disposal purposes or other commercial purposes (for example, demonstration or testing purposes or use in the film and television industry);
(iii) a statement to the effect that each place where the person intends to store the category H (dealer stock) articles to be held for stock purposes meets the requirements of the law of the State or Territory where the place is;
(iv) a statement to the effect that the person has met the firearms record‑keeping requirements, under the law of the State or Territory where the person carries on business as a firearm dealer, in relation to the person's business (having regard, in particular, to the accuracy and timeliness of the person's records);
(v) details of any firearms‑related offence committed by the person within the period of 10 years immediately before the date of the application in respect of which a conviction was recorded;
(vi) a statement to the effect that the person consents to criminal records being checked for the purpose of deciding whether to issue the certificate to the person.
5.10 If:
(a) the CEO, or an authorised officer, receives an application from a person for a certificate under subitem 5.8; and
(b) the CEO, or authorised officer, is satisfied, having regard to the application and any other relevant information, that it is appropriate for the person to hold a number (which may or may not be the number specified in the application) of category H (dealer stock) articles for stock purposes;
the CEO, or authorised officer, may issue a certificate to the person stating that the person is certified, for a specified period, to hold that number of category H (dealer stock) articles for stock purposes.
5.11 A person who is certified for stock purposes for a specified number of category H (dealer stock) articles must, as soon as practicable after any change in the person's circumstances in relation to the person's business as a firearm dealer, inform the CEO, or an authorised officer, in writing, of the change.
Examples of circumstances
1 The person ceases to be a licensed firearm dealer.
2 The place where the person is storing category H (dealer stock) articles no longer meets the requirements of the law of the State or Territory where the place is.
3 The person does not need to hold the number of category H (dealer stock) articles that the person is certified to hold.
4 The person has been convicted of a firearms‑related offence.
5.12 The CEO, or an authorised officer, may revoke a certificate issued to a person under subitem 5.10 if:
(a) the person ceases to be a licensed firearm dealer; or
(b) a place where the person stores category H (dealer stock) articles held for stock purposes does not meet the requirements of the law of the State or Territory where the place is; or
(c) in the case of a person who is certified to hold more than 10 category H (dealer stock) articles for stock purposes -- the number of category H (dealer stock) articles that the person is certified to hold for stock purposes is not appropriate, having regard to:
(i) the average monthly number of category H (dealer stock) articles disposed of by the person under the certificate in the period of 6 months immediately before the date of revocation; and
(ii) evidence supplied by the person in relation to the number of category H (dealer stock) articles likely to be required by the person, in the period of 6 months after the date of revocation, for disposal purposes or for other commercial purposes (for example, demonstration or testing purposes or use in the film and television industry); or
(d) the person has made a false or misleading statement in:
(i) an application for a certificate made under subitem 5.8; or
(ii) a declaration made for the purposes of subparagraph 5.3 (a) (ii) or subitem 5.5; or
(e) the person is holding more category H (dealer stock) articles for stock purposes than the person is certified to hold for those purposes; or
(f) the person has been convicted of a firearms‑related offence committed within the period of 10 years immediately before the date of revocation; or
(g) the person has failed to inform the CEO, or an authorised officer, of any change in the person's circumstances in relation to the person's business as a firearm dealer; or
(h) the CEO is satisfied, having regard to any other relevant matter, that it is not appropriate for the person to hold any category H (dealer stock) articles for stock purposes.
Example of a relevant matter for paragraph (h)
The person has been convicted of an offence involving misrepresentation, or other fraudulent conduct, against a law of the Commonwealth, a State or a Territory, being an offence committed within the period of 10 years immediately before the date of revocation.
5.13 For subparagraph 5.9 (b) (i), previous relevant disposals , for a person who has applied under subitem 5.8 to be certified to hold more than 10 category H (dealer stock) articles for stock purposes, means:
(a) if the person has not previously applied for a certificate under subitem 5.8 and the application is made before 30 June 2001 -- the average monthly number of firearms of the kind mentioned in item 9 of Part 2 of this Schedule, as in force immediately before 18 August 2000, that were disposed of by the person in the period from 18 February 2000 to 17 August 2000 (inclusive); and
(b) if the person has not previously applied for a certificate under subitem 5.8 and the application is made on or after 1 July 2001 -- the average monthly number of category H articles that were disposed of by the person in the period of 6 months immediately before the date of the application; and
(c) if the person holds a certificate issued under subitem 5.10 and the certificate has not ceased to have effect -- the average monthly number of category H (dealer stock) articles disposed of by the person under the certificate in the period of 6 months immediately before the date of the application; and
(d) if the person does not hold, but has, within the period of 6 months immediately before the date of the application, held, a certificate issued under subitem 5.10 -- the average monthly number of category H articles (including any category H (dealer stock) articles) disposed of by the person in the period of 6 months immediately before the date of the application.
5.14 Nothing in this item affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons who are aware of such convictions to disregard them).
5.15 Despite any provision of a law of a State or Territory, a person may disclose information to the CEO, or an authorised officer, for the purpose of enabling the CEO, or authorised officer, to carry out his or her functions under this item
1. Meaning of certified sports shooter
1.1 For this Schedule, a person is a certified sports shooter , for a restricted category C article, if the Attorney‑General certifies, in writing, that the Attorney‑General is satisfied that:
(a) the person is a registered shooter with the Australian Clay Target Association; and
(ab) the person is:
(i) an Australian citizen; or
(ii) a lawful non‑citizen under the Migration Act 1958 who holds a permanent visa under that Act; and
(b) the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory where the club is situated, to possess the article for the purpose of taking part in clay target events; and
(c) the person intends to use the article solely to take part in clay target events; and
(d) the person:
(i) requires the article to take part in clay target events because of a physical need due to lack of strength or dexterity; or
(ii) on 15 November 1996, was a registered shooter with the Australian Clay Target Association and possessed a self‑loading shotgun, or pump action repeating shotgun, for use in clay target events.
1.2 For this Schedule, a person is a certified sports shooter , for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:
(a) either:
(i) the article complies with subitem 1.3 or 1.5; or
(ii) the firearm magazine complies with the specifications for shot capacity in subitem 1.3; or
(iii) the firearm barrel complies with the specifications for barrel length and calibre in subitem 1.3; and
(b) a relevant police representative is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for the purpose of taking part in sports or target shooting permitted under that law; and
(c) the relevant police representative certifies, in an approved form, that the person is a certified sports shooter for the article.
1.3 For paragraph 1.2 (a), a category H article complies with this subitem if:
(a) the article:
(i) is designed or adapted for competition target shooting; or
(ii) has a barrel length of at least:
(A) for a semi‑automatic handgun -- 120 mm; and
(B) for a revolver or a single shot handgun -- 100 mm; and
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
(i) if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or
(ii) in any other case, the article has a calibre not greater than .38".
1.4 For paragraph 1.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
is taken to comply with subitem 1.3.
1.5 For paragraph 1.2 (a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the article, magazine or barrel is to be imported by a person who is:
(i) an Australian citizen; or
(ii) a lawful non‑citizen under the Migration Act 1958 who holds a permanent visa under that Act; and
(b) the person satisfies a Collector, at or before importation, that the person had lawfully exported the article, magazine or barrel from Australia with the intention of participating in an international sports or target shooting event which was intended to be held outside Australia on or before 30 June 2003.
1.6 For subitem 1.3:
"calibre" means the size of the cartridge that a handgun is chambered to discharge.
1A. Meaning of certified international sports shooter
1A.1 For this Schedule, a person is a certified international sports shooter , for a restricted category C article, if the Attorney‑General certifies, in writing, that the Attorney‑General is satisfied that:
(a) the person intends to use the article in Australia solely to take part in a clay target event; and
(b) the event is:
(i) the Olympic Games or an associated event; or
(ii) the Paralympic Games or an associated event; or
(iii) the Commonwealth Games or an associated event; or
(iv) organised by the Australian Clay Target Association; and
(c) the person is not:
(i) an Australian citizen; or
(ii) a lawful non‑citizen under the Migration Act 1958 who holds a permanent visa under that Act; and
(d) the person is the holder of a licence or authorisation, in accordance with the law of the State or Territory where the event is to be held, to possess the article for the purpose of taking part in clay target events.
1A.2 For this Schedule, a person is a certified international sports shooter , for a category H article , a firearm magazine for a category H article, or a firearm barrel for a category H article , if:
(a) either:
(i) the article complies with subitem 1A.3 or 1A.5; or
(ii) the firearm magazine complies with the specifications for shot capacity in subitem 1A.3; or
(iii) the firearm barrel complies with the specifications for barrel length and calibre in subitem 1A3; and
(b) a relevant police representative is satisfied that the person intends to use the article in Australia for sports or target shooting; and
(c) the relevant police representative is satisfied that the person is not:
(i) an Australian citizen; or
(ii) the holder of a permanent visa under the Migration Act 1958 ; and
(d) the relevant police representative is satisfied that the person is the holder of a licence or authorisation to possess the article for sports or target shooting , in accordance with the law of the State or Territory where the person intends to use the article; and
(e) the relevant police representative certifies, in an approved form, that the person is a certified international sports shooter for the article.
1A.3 For paragraph 1A.2 (a), a category H article complies with this sub item if:
(a) the article:
(i) is designed or adapted for competition target shooting; or
(ii) has a barrel length of at least:
(A) for a semi‑automatic handgun -- 120 mm; and
(B) for a revolver or a single shot handgun -- 100 mm; and
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
(i) if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or
(ii) in any other case, the article has a calibre not greater than .38".
1A.4 For paragraph 1A.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
is taken to comply with subitem 1A.3.
1A.5 For paragraph 1A.2 (a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the person is importing the article, magazine or barrel for the purpose of participating in a sports or target shooting event which is intended to be held in Australia on or before 30 June 2003; and
(b) the person satisfies a Collector, at or before importation, that the person:
(i) is a participant in the event; and
(ii) will not use the article, magazine or barrel for a purpose other than participating in the event; and
(iii) will export the article, magazine or barrel from Australia as soon as practicable after the person has participated in the event.
1A.6 For subitem 1A.3:
"calibre" means the size of the cartridge that a handgun is chambered to discharge.
1B. Meaning of relevant police representative
For this Schedule:
relevant police representative , for a State or Territory, means:
(a) the chief police officer for that State or Territory, namely:
(i) for a State -- the Commissioner or Chief Commissioner of the police force of the State; and
(ii) for the Northern Territory -- the Commissioner of Police of the police force of the Northern Territory; and
(iii) for a Territory other than the Northern Territory -- the chief police officer of the Australian Capital Territory; or
(b) a person authorised in writing to act on behalf of that chief police officer in relation to matters to which this Schedule relates.
2. Meaning of certified primary producer
2.1 For this Schedule, a person is a certified primary producer if a relevant police representative certifies, in an approved form, that the person is a primary producer.
3. Meaning of category C article and restricted category C article
3.1 For this Schedule, a category C article is:
(a) a firearm mentioned in item 3 of Part 2 ( category C firearm ); or
(b) a firearm part mentioned in item 4 of Part 2 of, or for, a category C firearm.
3.2 For this Schedule, a restricted category C article is:
(a) a self‑loading shotgun, or pump action repeating shotgun, mentioned in item 3 of Part 2 ( restricted category C firearm ); or
(b) a firearm part mentioned in item 4 of Part 2 of, or for, a restricted category C firearm.
3A. Meaning of category H article
3A.1 For this Schedule, a category H article is:
(a) a firearm mentioned in item 9 of Part 2 (other than a firearm that was manufactured before 1 January 1900); or
(b) a frame or receiver mentioned in item 9B of Part 2 (other than a frame or receiver that was manufactured before 1 January 1900).
4. Meaning of certified buyer
4.1 For this Schedule, a person is a certified buyer , for a category C article, if the Attorney‑General certifies, in writing, that the Attorney‑General is satisfied that:
(a) the person intends to buy the article from a licensed firearm dealer; and
(b) the article is for the purposes of the government of the Commonwealth, or a State or Territory; and
(c) the government will retain ownership of the article after buying it.
4.2 For this Schedule, a person is also a certified buyer , for a category C article, if the Attorney‑General certifies, in writing, that the Attorney‑General is satisfied that:
(a) the person intends to buy the article from a licensed firearm dealer; and
(b) the person's principal or only occupation is the business of controlling vertebrate pest animals on rural land; and
(c) the person holds a licence or authorisation, in accordance with the law of the State or Territory where the person will carry out the occupation, to possess the article for the purpose of the person's occupation.
4.3 For this Schedule, a person is a certified buyer , for a category H article, if:
(a) the Secretary of the Attorney‑General's Department:
(i) is satisfied of the matters mentioned in subitem 4.4 in relation to the person and the article; and
(ii) certifies that the person is a certified buyer for the category H article; or
(b) a relevant police representative:
(i) is satisfied of the matters mentioned in subitem 4.5 in relation to the person and the article; and
(ii) certifies, in an approved form, that the person is a certified buyer for the category H article.
4.4 For subparagraph 4.3 (a) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the Commonwealth;
(c) the government will retain ownership of the article after buying it.
4.5 For subparagraph 4.3 (b) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the relevant State or Territory;
(c) the government will retain ownership of the article after buying it.
5. Meaning of licensed firearm dealer
5.1 For this Schedule, a person is a licensed firearm dealer , for a category C article or category H article, if the person:
(a) carries on the business of a firearm dealer; and
(b) holds a licence or authorisation, in accordance with the law of the State or Territory where the person carries on the business, to possess the article and sell or dispose of it, or deal with it for other commercial purposes, in the course of the business.
6. Meaning of certified for business or occupational purposes
6.1 For this Schedule, a person is certified for business or occupational purposes , for a category H article, if a relevant police representative:
(a) is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for business or occupational purposes (other than for the purposes of being a firearm collector or firearm dealer); and
(b) certifies, in an approved form, that the person is a person certified for business or occupational purposes for the category H article.
7. Meaning of certified collector
7.1 For this Schedule, a person is a certified collector , for a category H article, if a relevant police representative:
(a) is satisfied that the person is a licensed collector, in accordance with the law of the relevant State or Territory; and
(b) certifies, in an approved form, that the person is a certified collector for the category H article.
8. Meaning of defence‑sanctioned activity
8.1 In this Schedule, a defence‑sanctioned activity means an activity approved by:
(a) a Service Chief of the Australian Defence Force; or
(b) a Deputy Secretary of the Department of Defence.