CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 NO. 52 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 NO. 52 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Regulation 4F (Firearms, firearm accessories, firearm parts, firearm magazines and ammunition) 4. Schedule 6 (Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines and ammunition) CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - REG 1 1. Commencement 1.1 These Regulations commence on 25 March 1998. CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - REG 2 2. Amendment 2.1 The Customs (Prohibited Imports) Regulations are amended as set out in these Regulations. CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - REG 3 3. Regulation 4F (Firearms, firearm accessories, firearm parts, firearm magazines and ammunition) 3.1 Subregulation 4F (3): Omit "items 2 and 3", substitute "items 2, 3 and 4". CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - REG 4 4. Schedule 6 (Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines and ammunition) 4.1 Item 4 of Part 1: Omit paragraph 4.1 (b), substitute: "(b) for a category C article-the importer has also been given a certificate, in an approved form, by a person mentioned in subparagraph (a) (i), (ii) or (iii) certifying that the importer is a primary producer; and (c) the importer produces to a Collector, at or before importation: (i) the statement in the approved form; or (ii) the statement and the certificate in the approved forms. Note The importer can produce the statement, or statement and certificate, personally or by an agent, eg a firearm dealer.". 4.2 After item 4 of Part 1, insert in Part 1: "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. 6. Dealer test 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 carries on the business of a firearm dealer; and (b) 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 the article and sell it in the course of the business.". 4.3 Item 3 of Part 2: Omit column 3, substitute: "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; (iii) the specified person test; (iv) the Police authorisation test; (v) the dealer test; and (b) 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 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; (vi) the dealer test; and (b) 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.". 4.4 Item 4 of Part 2: Omit column 3, substitute: "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. 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 dealer test. 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.". 4.5 Add at the end of the Schedule: "4. Dealer test 4.1 The importation, in accordance with the dealer test, of a category C article is subject to the following conditions: (a) the importer must import the article for the purposes of selling the article only to a certified primary producer or, 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 until the importer: (i) sells the article to a certified primary producer or, if the article is a restricted category C article, to a certified sports shooter for the article; and (ii) declares to a Collector, in an approved form, that the article has been sold to the certified primary producer or certified sports shooter; and (iii) produces to a Collector satisfactory evidence that: (A) the sale has happened; and (B) the buyer is a certified primary producer or, if the article is a restricted category C article, a certified sports shooter for the article. PART 4-INTERPRETATION 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 member of a club affiliated with the Australian Clay Target Association; 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; 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 member of a club affiliated with the Australian Clay Target Association and possessed a self-loading shotgun, or pump action repeating shotgun, for use in clay target events. 2. Meaning of certified primary producer 2.1 For this Schedule, a person is a certified primary producer if a relevant police officer certifies, in an approved form, that the person is a primary producer. 2.2 For item 2.1: relevant police officer means a person mentioned in subparagraph 4.1 (a) (i), (ii) or (iii) in Part 1. 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.". CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - NOTE 1 *1* Notified in the Commonwealth of Australia Gazette on 24 March 1998. CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 52 - NOTE 2 *2* Statutory Rules 1956 No. 90 as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 No. 4. - NOTES CUSTOMS (PROHIBITED IMPORTS) REGULATIONS*2* (AMENDMENT) 1998 No. 52*1* - Dated 24 March 1998