CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 NO. 58 CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 NO. 58 - 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. 58 - REG 1 1. Commencement 1.1 These Regulations commence on gazettal. CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 58 - 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. 58 - REG 3 3. Regulation 4F (Firearms, firearm accessories, firearm parts, firearm magazines and ammunition) 3.1 Subregulation 4F (4) (definition of "firearm part"): Omit the definition, substitute: "firearm part, for a firearm, means: (a) a gas piston, friction assembly, action bar, breech bolt or breech block; and (b) a firearm barrel; and (c) an assembled trigger mechanism; and (d) a receiver; and (e) something, other than a complete firearm, that includes 1 or more of these items. Note The effect of the definition is that some items used in a firearm are not treated as 'firearm parts' by themselves, including the following items: (a) a firearm accessory, a firearm magazine or ammunition; (b) a screw, spring, or other minor component, of a firearm.". CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 58 - REG 4 4. Schedule 6 (Requirements for the importation of firearms, firearm accessories, firearm parts, firearms magazines and ammunition) 4.1 Item 1 of Part 1: Add at the end: "1.5 Despite subitem 1.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 1.1 within 14 days after importation.". 4.2 Item 2 of Part 1: Add at the end: "2.3 Despite subitem 2.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 2.1 within 14 days after importation.". 4.3 Item 3 of Part 1: Add at the end: "3.3 Despite subitem 3.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 3.1 within 14 days after importation.". 4.4 Item 4 of Part 1: Add at the end: "4.2 Despite subitem 4.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 4.1 within 14 days after importation.". 4.5 Item 5 of Part 1: Add at the end: "5.3 Despite subitem 5.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 5.1 within 14 days after importation.". 4.6 After item 5 of Part 1, insert: "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. 5A.3 Despite subitem 5A.1, if the article is imported before this subitem commences, the importer may produce the written permission mentioned in subitem 5A.1 within 14 days after importation.". 4.7 Item 6 of Part 1: Omit subitem 6.2, substitute: "6.2 The Attorney-General must not give written permission for the importation of the article unless the Attorney-General is satisfied that the importer is a licensed firearm dealer. 6.3 Despite subitem 6.1, if the article is imported before this subitem commences the importer may produce the written permission mentioned in subitem 6.1 within 14 days after importation.". 4.8 Item 3 of Part 2: Column 3: Omit: "(v) the sports shooter test; (vi) the dealer test; and"; substitute: "(v) the sports shooter test; (vi) the international sports shooter test; (vii) the dealer test; and". 4.9 Item 4 of Part 2: Column 3: Omit: "(e) the sports shooter test; (f) the dealer test."; substitute: "(e) the sports shooter test; (f) the international sports shooter test; (g) the dealer test.". 4.10 Item 4 of Part 3: Paragraph 4.1 (a): After "selling the article only to", insert "a certified buyer,". 4.11 Item 4 of Part 3: Subparagraph 4.1 (b) (i): After "sells the article to", insert "a certified buyer,". 4.12 Item 4 of Part 3: Subparagraph 4.1 (b) (ii): After "the article has been sold to the", insert "certified buyer,". 4.13 Item 4 of Part 3: Sub-subparagraph 4.1 (b) (iii) (B): After "the buyer is", insert "a certified buyer,". 4.14 After item 3 of Part 3, insert: "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-GeneralŐs 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-GeneralŐs permission.". 4.15 Item 1 of Part 4: After paragraph 1.1 (a), insert: "(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". 4.16 After item 1 of Part 4, insert: "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 organised by the Australian Clay Target Association, or a club affiliated with the 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.". 4.17 Add at the end of the Schedule: "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 personŐs 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. 5. Meaning of licensed firearm dealer 5.1 For this Schedule, a person is a licensed firearm dealer, for a category C 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 it in the course of the business.". CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 58 - NOTE 1 *1* Notified in the Commonwealth of Australia Gazette on 6 April 1998. CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1998 No. 58 - 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 Nos. 4 and 52. - NOTES CUSTOMS (PROHIBITED IMPORTS) REGULATIONS*2* (AMENDMENT) 1998 No. 58*1* - Dated 6 April 1998