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  

2.   Specified purposes test  

2.1    
The importation of an article complies with the specified purposes test if, at or before importation, the Minister gives written permission under this item for the importation of the article.

2.2    
The Minister may give written permission for the importation of the article only if the Minister 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) if the exportation of the ammunition, or the component of ammunition, after its importation would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; 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, manufacture, assembly, 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 foreign country; 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, manufacture, assembly, research or development;

(iv) if the exportation of the article after such repair, modification, testing or use has been carried out would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; or

(e) (Repealed by SLI No 241 of 2015)

(f) the article is to be imported in the following circumstances:

(i) the article is to be imported for use in a sanctioned activity;

(ii) the article is owned by the defence force or a law enforcement agency of a foreign country;

(iii) the article is to be imported by the defence force or law enforcement agency that owns the article, or a member of that defence force or law enforcement agency to whom the article has been issued;

(iv) the defence force or law enforcement agency has been invited to participate in the sanctioned activity;

(v) if the exportation of the article after the close of the sanctioned activity would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; 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 sold to the government of the Commonwealth, a State or a Territory, exported or destroyed once that period of time has expired;

(v) if the exportation of the article after its use in such research or development would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted;

(vi) the Minister is satisfied that the article will be secured appropriately in Australia; or

(h) (Repealed by SLI No 241 of 2015)

(i) for a category C or category D article - the article is to be imported in the following circumstances:

(i) the article is imported for the testing of ammunition manufactured in a State or Territory;

(ii) the importer holds a licence or authorisation to possess the article for manufacturing and testing ammunition in accordance with the law of the State or Territory in which the article is to be used in manufacturing ammunition;

(iii) the importer is a manufacturer of small arms or ammunition;

(iv) the article is being imported for use in the completion of a specific project or tender;

(v) the article will be secured appropriately in Australia;

(vi) the article will be destroyed or exported once it is no longer serviceable or required by the importer.

Note:

For the definitions of category C article , category D article , defence-sanctioned activity and law enforcement-sanctioned activity , see Part 4 of Schedule 6.

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.

2.3    
[ Omitted by SR No 234 of 2000]