CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

THE SCHEDULES

SCHEDULE 6    

Regulation 4F

REQUIREMENTS FOR THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARMS MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS

PART 1 - TESTS  

1.   Official purposes test  

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

1.2    
The Minister may give written permission for the importation of the article only if the Minister is satisfied that:

(a) the article is to be imported for the purposes of:

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

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

(b) the ownership arrangements for the 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

Item	Article	Ownership arrangements
1	An article that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract	Both of the following: (a) either:   (i) the government must own the article at the time of importation; or   (ii) the government must intend to acquire ownership of the article within a period that the Minister considers appropriate (to be specified in the permission); (b) the government must retain ownership of the article until:   (i) the article is disposed of to another such government, or to the government of a foreign country; or   (ii) the article is destroyed.
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 (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.	The article may be owned by any person Note See item 3 of Part 3.
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 of the article until:   (i) the article is disposed of to another such government, or to the government of a foreign country; or   (ii) the article is destroyed.
4	Any other article imported for the purposes of the government of the Commonwealth, a State or a Territory	The government must: (a) own the article at the time of importation; and (b) retain ownership of the article until:   (i) the article is disposed of to another such government, or to the government of a foreign country; or   (ii) the article is destroyed.
5	An article that is to be exported under a contract to the government of a foreign country	The government of the foreign country must: (a) either:   (i) own the article at the time of importation; or   (ii) intend to acquire ownership of the article within a period that the Minister considers appropriate (to be specified in the permission); and (b) retain ownership of the article until:   (i) the article is disposed of to the government of another foreign country, or to the government of the Commonwealth, a State or a Territory; or   (ii) the article is destroyed.

Note:

See item 3 of Part 3 .

1.5    
[ Omitted by SR No 234 of 2000]