Changes to Australian Custom Regulations for import of firearms
16 July 1998
The following Statutory Rules were notified today, 16 July 1998, in Special Gazette No.
364 of 1998.
Customs (Prohibited Imports) Regulations Amendment - Statutory Rules 1998 No. 228
These regulations amend the Customs (Prohibited Imports) Regulations to introduce various changes to the firearms controls.
1. The controls on articles that "resemble in appearance" real firearms have been revised. A new and separate definition of the term "replica" now appears. This is intended to tighten the definition to ensure that only copies or reproductions are caught. In addition, the new definition also clarifies the position that if the article is capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas, it will not fall within the definition of replica. It will fall to the definition of firearm. Further, toys are expressly excluded from the term "replica".
Numerous consequential amendments have been made to the Regulations as a result of the inclusion of this new definition of replica.
In addition, new items have been included in Part 2 of Schedule 6 to deal specifically with replicas. This has been done to address legal concerns raised by the Australian Government Solicitor about the operation of the previous controls.
2. Other amendments relate to:
i) The introduction of controls on "components of ammunition", so that persons do not separately import parts of, or for, ammunition referred to in items 19 and 20, and then assemble them in Australia, thereby defeating the controls.
ii) A revision of the police authorisation test to allow specified police officers to state, in an approved form, that in the relevant State or Territory the importer is not required to hold a licence or authorisation to possess the article proposed to be imported.
iii) Changes to the specified purposes test in relation to the term "film".
iv) An addition to the official purposes test to cover articles that have been given or donated to the government of the Commonwealth, a State or a Territory.
v) Two new devices have been added to the list of exclusions from the definition of "firearm". These are sidewall core guns designed for geological purposes, mining purposes, or both, and expandable casing perforation guns designed for geological purposes, mining purposes, or both.
vi) Changes to the controls relating to soft air rifles and soft air handguns. These articles will now be treated in the same way as air rifles and air handguns.
vii) Unique serial number changes. The requirement for firearms to bear a unique serial number has been removed if the firearm was manufactured before 1 January 1990.
viii) Repeating bolt action shotguns and lever action shot guns are now controlled under item 2 of Part 2 of the Schedule.
ix) The specified purposes test has been added to items 15, 16 and 17 of Part 2 of Schedule 6. This has been done to allow film armourers to import firearm magazines, and it will subject these firearms magazines to the same controls, time limits and export requirements as apply to firearms imported by film armourers.
x) Changes to the safety requirements. These do not apply to a firearm that was manufactured before 1 January 1900, or is designed or adapted for competition target shooting, or to replicas.
xi) Two technical misdescriptions made in items 1 and 1A of Part 4 have been corrected. These relate to the appropriate description of the persons who may be "certified sports shooters" and the competition events that are covered by the Regulations in relation to "certified international sports shooters".
xii) There are also other technical amendments made to the Regulations.
The contact officer in Legal Services is Ms Jennifer Pyne (telephone 6275 6768) and in the Cargo Facilitation Branch is Mr Bill Henley (telephone 6275 6576).
THIS NOTICE IS FOR INFORMATION ONLY AND REFERENCE SHOULD BE MADE TO THE STATUTORY RULES FOR THE SUBSTANCE OF THE AMENDMENTS.
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