CUSTOMS (PROHIBITED IMPORTS) REGULATIONS
REGULATION 1
1
NAME OF REGULATIONS
These regulations are the Customs (Prohibited Imports) Regulations 1956.
REGULATION 2
INTERPRETATION
2(1)
In these Regulations, unless the contrary intention appears:
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
(a) ammonium nitrate;
(b) an emulsion that is made up of more than 45 per cent ammonium nitrate;
(c) a mixture that is made up of more than 45 per cent ammonium nitrate;
(a) an HFC;
(b) nitrogen trifluoride;
(c) a PFC;
(d) sulfur hexafluoride.
(a) the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals;
(b) the influencing, inhibiting or modifying of a physiological process in persons or animals; or
(c) the testing of the susceptibility of persons or animals to a disease or ailment;
2(1A)
(Omitted by SR No 91 of 1996)
2(2)
(Repealed by FRLI No F2019L01615)
2(3)
For the purpose of these Regulations:
(a) a reference to a British Standard published on a date specified in these Regulations shall be read as a reference to such British Standard published by the British Standards Institution on that date; and
(b) where a British Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the British Standard.
2(4)
For the purposes of these Regulations:
(a) a reference to an Australian Standard, or a Part of an Australian Standard, published on a date specified in these Regulations shall be read as a reference to the Australian Standard, or the Part of an Australian Standard, as the case requires, approved for publication on that date; and
(b) where an Australian Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the Australian Standard.
2(5)
For the purposes of these Regulations:
(a) a reference to an Australian Wool Exchange Standard published on a date specified in these Regulations is taken to include a reference to the Australian Wool Exchange Standard approved for publication on that date; and
(b) if an Australian Wool Exchange Standard refers to another instrument, that instrument is taken to be incorporated with, and form part of, the Australian Wool Exchange Standard.
REGULATION 3 GOODS THE IMPORTATION OF WHICH IS PROHIBITED ABSOLUTELY 3(1) [Importation prohibited absolutely]
3(2)
(Omitted by SR No 91 of 1996)
REGULATION 3AA IMPORTATION OF DEVICES AND DOCUMENTS RELATING TO SUICIDE 3AA(1) [Import of device prohibited]
(a) a document that promotes the use of a device mentioned in subregulation (1);
(b) a document that counsels or incites a person to commit suicide using one of those devices;
(c) a document that instructs a person how to commit suicide using one of those devices.
REGULATION 3A
3A
CRITERIA FOR THE PURPOSES OF PROVISIONS OF REGULATIONS 4F AND 4H RELATING TO DEFENCE FORCES OF CERTAIN OVERSEAS COUNTRIES
The criteria in relation to goods mentioned in subregulation 4F(2) and paragraph 4H(2)(a) are that the goods:
(a) are goods the owner of which is the defence force of any of the following countries:
(b) have been imported into Australia by:
REGULATION 3B
3B
CRITERIA FOR THE PURPOSES OF PROVISIONS OF REGULATIONS 4F AND 4H RELATING TO POLICE FORCES OF CERTAIN OVERSEAS COUNTRIES
(Repealed by FRLI No F2019L01047)
REGULATION 3C
CRITERIA FOR THE PURPOSES OF PROVISIONS OF REGULATIONS 4F AND 4H RELATING TO AIR SECURITY OFFICERS
3C(1)
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(c) are that:
(a) the goods are imported into Australia on an aircraft by an air security officer while carrying out his or her duties; and
(b) there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers; and
(c) immediately after the goods are imported, the air security officer surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and
(d) within 3 months after the goods were imported into Australia, they are exported from Australia.
3C(2)
In this regulation:
REGULATION 3D
3D
CRITERIA FOR REGULATIONS 4F AND 4H - TRANSHIPMENT OF FIREARMS AND WEAPONS ETC. TO A FOREIGN COUNTRY
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(a) are that:
(a) the goods are imported into Australia only for the purposes of transhipment to another country; and
(b) if the exportation of the goods would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission is produced to a Collector; and
(c) the goods remain under the effective control of a Collector while in Australia.
REGULATION 3E
CRITERIA FOR REGULATION 4F - IMPORTATION OF FIREARMS AND RELATED ITEMS USED OVERSEAS IN LAWFUL SHOOTING COMPETITIONS, OR LAWFUL HUNTING ACTIVITIES
3E(1)
This regulation provides for criteria in relation to an article mentioned in subregulation 4F(2B), if one or more of the following items in Part 2 of Schedule 6 apply to the article:
(a) item 1;
(b) item 2;
(c) item 2B;
(d) item 9;
(e) item 9B;
(f) item 10;
(g) item 14A;
(h) item 17;
(i) item 20;
(j) item 23.
3E(2)
The criteria for the article are that:
(a) the importer is an individual resident in Australia; and
(b) the importer departed Australia with the article, and is returning from an overseas voyage with the article; and
(c) at or before importation, the importer produces:
(d) the importer used, or had intended to use, the article while overseas to take part in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and
(e) the importer holds a licence or authorisation to possess the article, in accordance with the law of the State or Territory where he or she lives; and
(f) the article has not been modified, except for the purposes of repair, since it was exported.
REGULATION 3F
CRITERIA FOR REGULATION 4H - DEFENSE TRADE COOPERATION TREATY
3F(1)
This regulation provides for criteria for the following goods, if the goods are specified in Part 2 of Schedule 13:
(a) Article 3(1) US Defence Articles within the meaning of the Defence Trade Controls Act 2012;
(b) Article 3(3) US Defence Articles within the meaning of the Defence Trade Controls Act 2012.
3F(2)
The criteria are that the goods are to be imported to Australia by an Australian Community member (within the meaning of the Defence Trade Controls Act 2012) for one or more of the activities mentioned in paragraphs (a) to (d) of Article 3(1) of the Defense Trade Cooperation Treaty (within the meaning of that Act).
REGULATION 4
GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS CONDITIONS OR RESTRICTIONS ARE COMPLIED WITH
4(1)
The importation into Australia of the goods specified in Schedule 2 to these Regulations is prohibited unless the permission in writing of the Minister or an authorised person to import the goods has been granted.
4(1AAA)
(Repealed by SLI No 233 of 2011)
4(1AAB)
(Repealed by SLI No 233 of 2011)
4(1AAC)
(Repealed by SLI No 233 of 2011)
4(1AA)
Where, in relation to an application for a permission under subregulation (1), an authorised person has formed an opinion that the permission should not be granted, the authorised person is to refer the application to the Minister.
4(1AB)
Where an application has been referred to the Minister in accordance with subregulation (1AA), the Minister may grant, or refuse to grant, the permission.
4(1AC)
In subregulations (1) and (1AA), "authorised person" means a person authorised in writing by the Minister for the purposes of this subregulation.
4(1A)
A permission granted for the purposes of subregulation (1) or (1AB) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
4(2)
The importation into Australia of the goods specified in the second column of Schedule 3 is prohibited unless the conditions, restrictions or requirements specified in the third column of that Schedule opposite to the description of the goods are complied with.
4(3)
(Repealed by FRLI No F2016L00704)
REGULATION 4A IMPORTATION OF OBJECTIONABLE GOODS 4A(1)
In this regulation, unless the contrary intention appears:
4A(1A)
This regulation applies to publications and any other goods, that:
(a) describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported; or
(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
(c) (Repealed by SLI No 209 of 2012)
(d) promote, incite or instruct in matters of crime or violence; or
(e) promote or incite the misuse of a drug specified in Schedule 4; or
(f) advocate the doing of a terrorist act.
4A(1AA)
Without limiting subregulation (1A), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.
4A(1B)
For paragraph (1A)(f), publications and any other goods advocate the doing of a terrorist act if they:
(a) directly or indirectly counsel or urge the doing of a terrorist act; or
(b) directly or indirectly provide instructions on the doing of a terrorist act; or
(c) directly praise the doing of a terrorist act in circumstances where there is a risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
4A(1B)
(Omitted by SR No 160 of 1985.)
4A(1C)
For paragraph (1A)(f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
4A(2)
The importation of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the responsible Minister or an authorised person.
4A(2AA)
In considering whether to grant a permission under subregulation (2), the responsible Minister or the authorised person is to have regard to:
(a) the purposes for which the goods are to be imported; and
(b) the extent to which the person to whom any permission to import the goods would be granted conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and
(c) the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and
(d) the ability of that person to meet conditions that may be imposed under subregulation (3) in relation to the goods; and
(e) any other relevant matters.
4A(2A)
The responsible Minister may, by instrument in writing, appoint a person to be an authorised person for the purposes of subregulation (2).
4A(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, reproduction, disposal, destruction or exportation of the goods, or with respect to accounting for the goods, as the responsible Minister or an authorised person thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
4A(4)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the responsible Minister under subregulation (2):
(a) refusing to grant a permission; or
(b) granting a permission subject to conditions by the person to whom the permission was granted subject to conditions.
4A(5)
The responsible Minister may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the responsible Minister and should not be reviewable by the Administrative Appeals Tribunal.
4A(6)
The responsible Minister is to give a copy of a certificate to the person to whom permission was refused or given subject to conditions under subregulation (4).
4A(7)
A certificate must include a statement of the grounds on which the certificate is issued.
4A(8)
While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (4) does not apply to that permission or refusal.
4A(9)
The responsible Minister is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
4A(10)
Subject to subregulation (6), if the responsible Minister:
(a) refuses to grant a permission to a person; or
(b) grants a permission to a person subject to conditions;
4A(11)
A notice under subregulation (10) must include:
(a) a statement to the effect that application may be made to the Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision to which the notice relates; and
(b) except where subsection 28(4) of that Act applies - a statement to the effect that a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes the reasons for the decision.
4A(12)
A contravention of subregulation (11) in relation to a decision does not affect the validity of the decision.
REGULATION 4AA IMPORTATION OF PLASTIC EXPLOSIVES 4AA(1)
The importation of plastic explosives into Australia is prohibited unless:
(a) a permission to import the plastic explosives has been granted in writing by the Minister or an authorised person; and
(b) the permission is produced to the Collector.
4AA(2)
If, on an application for a permission under subregulation (1), an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission.
4AA(3)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder must comply with a condition or requirement, whether before or after the importation of the plastic explosives to which the permission relates.
4AA(4)
If the holder of a permission engages in conduct that contravenes a condition or requirement of the permission:
(a) the Minister; or
(b) the authorised person;
4AA(5)
The Minister or the authorised person may revoke a permission under subregulation (4) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act of engaging in conduct that contravenes the condition or requirement.
4AA(6)
This regulation does not apply to plastic explosives included in a class of goods described in Schedule 13.
4AA(7)
In this regulation:
REGULATION 4AB
IMPORTATION OF POLYCHLORINATED BIPHENYLS, TERPHENYLS ETC.
4AB(1)
This regulation applies to the following goods:
(a) substances obtained by chlorinating biphenyls;
(b) goods containing substances obtained by chlorinating biphenyls;
(c) substances obtained by chlorinating terphenyls or other polyphenyls; and
(d) goods containing substances obtained by chlorinating terphenyls or other polyphenyls.
4AB(2)
The importation into Australia of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the Minister.
4AB(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, or with respect to accounting for the goods, as the Minister thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
REGULATION 4B IMPORTATION OF FISH 4B(1)
In this regulation "fish" includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
4B(2)
This regulation applies to fish, other than fish that are, by virtue of section 131A of the Act, not subject to customs control, that:
(a) have been taken in waters beyond the outer limits of the "Australian fishing zone" within the meaning of the Fisheries Management Act 1991; and
(b) have not been landed at a port or place in a country outside Australia;
4B(2A)
Despite subregulation (2), this regulation does not apply to fish to which regulation 4BA applies.
4B(3)
The importation of fish, or of parts of fish, to which this regulation applies is prohibited unless the importer produces to the Collector the permission, in writing, of the Minister administering the Fisheries Management Act 1991.
REGULATION 4BA IMPORTATION OF GOODS SPECIFIED IN SCHEDULE 3A (TOOTHFISH) 4BA(1)
This regulation applies to fish of a species specified in Schedule 3A (except fish that are, by virtue of section 131A of the Act, not subject to customs control), whether fresh, frozen, smoked, preserved in airtight containers or in any other form.
4BA(2)
The importation into Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:
(a) a permission in writing to import the fish has been granted by the Minister or an authorised officer; and
(b) the permission is produced to the Collector.
4BA(3)
If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:
(a) the authorised officer must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission.
4BA(4)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.
4BA(5)
If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.
4BA(6)
The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
4BA(7)
In this regulation:
REGULATION 4C
IMPORTATION OF ASBESTOS
4C(1)
The importation into Australia of asbestos, or goods containing asbestos, is prohibited unless:
(a) the importation is of raw materials that contain naturally occurring traces of asbestos; or
(b) for the importation:
(ba) for the importation:
(c) the importation is of hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or
(d) all of the following apply:
4C(2)
For the purposes of paragraph (1)(b), the Work Health and Safety Minister, or a person authorised by that Minister, may in writing grant permission for the importation of asbestos or goods containing asbestos.
4C(3)
However, that Minister or authorised person may grant the permission only if that Minister or person is satisfied that the asbestos is, or the goods are, to be imported only for one or more of the following purposes:
(a) in any case - research, analysis or display;
(b) if the importation is from an external Territory - disposal in a State or Territory.
4C(4)
A permission under subregulation (2) may be granted subject to conditions or requirements to be complied with by a person either before or after the importation.
4C(5)-(7)
(Repealed by FRLI No F2019L00365)
REGULATION 4D
IMPORTATION OF UNMANUFACTURED TOBACCO AND TOBACCO REFUSE
4D(1)
The importation into Australia of unmanufactured tobacco or tobacco refuse mentioned in heading 2401 of Schedule 3 to the Customs Tariff Act 1995 is prohibited unless:
(a) the person importing the tobacco or refuse is the holder of:
(b) a permission in writing to import the tobacco or refuse has been given by the Commissioner of Taxation; and
(c) the permission is produced to a Collector.
4D(2)
An application for a permission must be:
(a) in writing; and
(b) lodged with the Commissioner.
4D(3)
An applicant for a permission must give the Commissioner in writing any information the Commissioner reasonably requires for the application.
4D(4)
In deciding whether to grant a permission, the Commissioner:
(a) must consider the applicant's compliance with the Excise Act 1901; and
(b) may consider any other relevant matters.
4D(5)
A permission may specify:
(a) conditions to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition, whether before or after the importation of the tobacco or refuse to which the permission relates.
4D(6)
If the holder of a permission does not comply with a condition of the permission, the Commissioner may, by writing, revoke the permission.
4D(7)
Subregulations (8) and (9) apply if the Commissioner decides:
(a) not to grant a permission; or
(b) to specify a condition for a permission; or
(c) to revoke a permission.
4D(8)
The Commissioner must give the applicant written notice of the decision as soon as practicable after making the decision.
4D(9)
A person who is dissatisfied with the decision may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.
4D(10)
A current consent given by the Treasurer under item 2 of Schedule 3 as in force immediately before the commencement of this provision is taken to be a permission granted by the Commissioner, subject to any conditions to which the consent was subject.
REGULATION 4DA
IMPORTATION OF TOBACCO PRODUCTS
Importation of tobacco products without permission is prohibited
4DA(1)
The importation of tobacco products into Australia is prohibited under this regulation unless:
(a) a permission to import the tobacco products has been granted in writing by the Minister or an authorised person and the permission is produced to the Collector; or
(b) the Minister has approved the importation under subregulation (9).
Certain tobacco products exempt from prohibition under this regulation
4DA(2)
Subregulation (1) does not apply to the importation of the following:
(a) tobacco of a kind specified in regulation 4D;
(b) chewing tobacco and snuffs intended for oral use;
(c) cigars;
(d) tobacco products:
Application for permission
4DA(3)
An applicant for a permission under subregulation (1) must:
(a) lodge a written application with the Minister or an authorised person; and
(b) give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
4DA(4)
In considering whether to grant a permission, the Minister or authorised person may consider any relevant matter.
4DA(5)
The Minister or authorised person must not grant a permission unless the applicant gives all the information required by the Minister or authorised person under paragraph (3)(b).
4DA(6)
The Minister or authorised person may grant a permission subject to conditions or requirements, specified in the permission, to be complied with by the holder of the permission.
Revocation of permission
4DA(7)
The Minister or authorised person may, in writing, revoke a permission if:
(a) the holder of the permission does not comply with a condition or requirement of the permission; or
(b) the Minister or authorised person is satisfied that revocation is necessary:
Notice of decision to refuse or revoke permission
4DA(8)
If the Minister or authorised person decides:
(a) not to grant a permission; or
(b) to revoke a permission;
Minister may approve importation of specified tobacco products etc.
4DA(9)
The Minister may, by legislative instrument, approve the importation into Australia of a tobacco product that meets one or more of the following:
(a) the tobacco product is specified in, or included in a class of tobacco products specified in, the approval;
(b) the tobacco product is imported by a person, or class of persons, specified in, the approval;
(c) the tobacco product does not exceed a value or amount specified in the approval;
(d) the tobacco product is imported in a way, or by a means, specified in the approval.
4DA(10)
In this regulation:
REGULATION 4DB
4DB
(REPEALED)
(Omitted by SR No 91 of 1996.) REGULATION 4E IMPORTATION OF GLAZED CERAMIC WARE 4E(1) [Prohibition]
4E(2)
[Prescribed solution]
Subject to subregulations (2), (2A) and (2B) the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is prohibited unless:
(a) the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or an imitation is an article to which an item in Part 2 of Schedule 6 applies; and
(b) the importation is in accordance with the requirements set out in column 3 of the item.
4F(1A)
Without limiting paragraph (1)(b), if column 3 of an item in Part 2 of Schedule 6 sets out a requirement for the importation of an article to comply with a specified test, or at least one of a list of specified tests, that requirement may be met by compliance with one of the following tests (whether or not any test specified in column 3 of that item is also complied with):
(a) the public interest test set out in item 8A of Part 1 of that Schedule;
(b) the national interest test set out in item 8B of Part 1 of that Schedule.
4F(2)
Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria set out in regulation 3A.
4F(2A)
(Repealed by FRLI No F2019L01047)
4F(2B)
Also, subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria mentioned in regulation 3C, 3D or 3E.
4F(3)
The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is subject to the conditions (if any), set out in Part 3 (other than item 1) of Schedule 6, that relate to the importation.
4F(3A)
The Attorney-General must, before 31 December 2016, complete a review of items 2B, 4, 7, 9B, 10, 13, 15, 16, 16A and 17 of Part 2 of Schedule 6.
4F(4)
In this regulation:
(a) was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(b) has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(d) still has the appearance of a firearm, and could reasonably be taken to be a firearm.(a) by
fusion welding
, which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or
(b) by
sectioning
, which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or
(c) another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.
(a) is easily removable from a firearm without the use of a tool; and
(b) does not make the firearm dangerous to operate or unreasonable to fire when removed.
(a) means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and
(b) includes the following devices:
(c) does not include the following devices:
(a) a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the firearm;
(b) a device designed to modify, or capable of converting, a firearm to give it any of the following capabilities:
(c) a device designed to give, or capable of giving, a firearm the capability of being operated in a way that mimics:
(d)-(e) (Repealed by SLI No 241 of 2015)
(f) a firearm part to which a firearm accessory is attached or is integral.
(a) a gas piston, friction ring, action bar, breech bolt or breech block;
(b) a firearm barrel;
(c) a trigger mechanism;
(d) a frame or receiver;
(e) a slide;
(f) an upper receiver;
(g) a lower receiver;
(h) a revolving cylinder;
(i) a bolt carrier;
(j) an adjustable, detachable or folding stock;
(k) something, other than a complete firearm, that includes one or more of the items mentioned in paragraphs (a) to (j).(a) a firearm accessory, a firearm magazine or ammunition;
(b) a screw, spring, or other minor component, of a firearm.
(a) reasonably capable of being raised and fired with one hand; and
(b) reasonably capable of being carried or concealed on the body of a person; and
(c) not more than 650 mm long.
(a) that:
(b) that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) that could reasonably be taken to be a firearm; and
(d) that is not a blank-fire firearm.
REGULATION 4G
IMPORTATION OF TABLET PRESSES AND ENCAPSULATORS
4G(1)
The importation into Australia of a tablet press or encapsulator is prohibited unless the Minister or an authorised person has granted permission in writing to import the tablet press or encapsulator.
4G(2)
An applicant for permission to import a tablet press or encapsulator must:
(a) make the application on the form approved by the Secretary to the Department; and
(b) lodge the application with the Minister or an authorised person; and
(c) give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
4G(3)
In considering whether to grant permission, the Minister or authorised person may consider any relevant matter.
4G(4)
A permission may specify:
(a) conditions or requirements for the permission; and
(b) a time (before or after the importation of the tablet press or encapsulator) at which the holder must comply with a condition or requirement.
4G(5)
If the holder of a permission engages in conduct that contravenes a condition or requirement, the Minister or authorised person may revoke the permission in writing.
4G(6)
The Minister or authorised person may revoke a permission whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act of engaging in conduct that contravenes the condition or requirement.
4G(7)
In this regulation:
(a) equipment that can be used to produce a coherent solid capsule by completely enveloping any of the following:
(b) equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
(a) equipment that can be used to compact or mould either or both of the following into a coherent solid tablet:
(b) equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
REGULATION 4H
IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS
4H(1)
Subject to subregulation (2), the importation into Australia of a weapon or weapon part of the kind mentioned in an item in Part 2 of Schedule 13 is prohibited unless the importation is in accordance with the requirements set out in the item.
4H(2)
Subregulation (1) does not apply to the following goods:
(a) goods that:
(b) (Repealed by FRLI No F2019L01047)
(c) goods that:
(d) goods that:
4H(3)
A permission granted under item 1, 2, 3, 4, 5, 7, 8, 9 or 10 of Part 1 of Schedule 13 may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the good to which the permission relates.
4H(4)
The importation of a weapon or weapon part is also subject to the conditions (if any), set out in Part 3 of Schedule 13, that relate to the importation.
REGULATION 4I
IMPORTATION OF ICE PIPES
4I(1)
In this regulation:
(a) appears, on reasonable grounds, to be part of an ice pipe; and
(b) is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.
4I(2)
The importation into Australia of an ice pipe or a component of an ice pipe is prohibited unless:
(a) the person importing the ice pipe or the component of an ice pipe is the holder of a written permission granted by the Minister or an authorised person; and
(b) the permission is produced to the Collector at or before the time of importation.
4I(3)
An application for the grant of a permission under subregulation (2) must be:
(a) in writing; and
(b) lodged with the Minister or an authorised person.
4I(4)
The Minister, or an authorised person, may ask an applicant for the grant of a permission to give to the Minister or authorised person any information that the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
4I(5)
A permission granted under subregulation (2) may specify:
(a) conditions or requirements that the holder of the permission must comply with; and
(b) a time at which the holder of the permission must comply with a condition or requirement, whether before or after the importation of the ice pipe to which the permission relates.
4I(6)
If the Minister or an authorised person is satisfied, on reasonable grounds, that the holder of a permission granted under subregulation (2) has not complied with any condition or requirement mentioned in the permission, the Minister or the authorised person may, by writing, revoke the permission.
REGULATION 4J
4J
(Repealed by SR No 59 of 1977.) REGULATION 4K IMPORTATION OF WOOLPACKS 4K(1)
Subject to this regulation, the importation into Australia of woolpacks is prohibited unless permission in writing to import the woolpacks for a specified purpose has been granted by the responsible Minister or an authorised person.
4K(1A)
A permission under this regulation is subject to the condition that the person to whom the permission is granted produces the permission if requested to do so by a Collector.
4K(2)
A permission under this regulation may be subject to other conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the woolpacks for the purpose of ensuring that the woolpacks are not used otherwise than for the purpose in relation to which the permission is granted.
4K(3)
Subregulation (1) does not apply in relation to unused woolpacks if a prescribed testing authority has issued a certificate stating that the woolpacks conform to Australian Wool Exchange Standard No. 3, published on 1 July 2013.
4K(3A)
Subregulation (3) applies subject to the condition that the certificate is produced to a Collector on request.
4K(4)
(Repealed by SLI No 112 of 2014)
4K(5)
(Repealed by SLI No 112 of 2014)
4K(6)
(Repealed by SLI No 112 of 2014)
4K(7)
(Repealed by SLI No 112 of 2014)
4K(8)
In this regulation:
REGULATION 4L 4L (REPEALED)
(Repealed by SR No 375 of 1988) REGULATION 4M 4M (OMITTED)
(Omitted by SR No 53 of 2003.) REGULATION 4MA IMPORTATION OF ROUGH DIAMONDS 4MA(1)
In this regulation:
(a) are unworked or simply sawn, cleaved or bruted; and
(b) are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.
4MA(2)
The importation of rough diamonds from a country is prohibited unless:
(a) the country is a Participant; and
(b) the country has issued a Kimberley Process Certificate for the rough diamonds; and
(c) the original certificate is produced to a Collector at or before the time of importation; and
(d) the rough diamonds are imported in a tamper resistant container.
4MA(3)
The importer must:
(a) retain the original certificate for a period of 5 years after the time of importation; and
(b) produce the original certificate to an employee of the Department administered by the Minister administering the Offshore Minerals Act 1994 if requested to do so within that period.
REGULATION 4N
4N
IMPORTATION OF ROUGH DIAMONDS FROM COTE D'IVOIRE
(Repealed by SLI No 14 of 2015)
REGULATION 4P
4P
(OMITTED)
(Omitted by SLI No 245 of 2007)
REGULATION 4Q
4Q
(OMITTED)
(Omitted by SLI No 245 of 2007)
REGULATION 4QA
4QA
(OMITTED)
(Omitted by SR No 97 of 2003.) REGULATION 4QB-4QC 4QB-4QC (OMITTED)
(Omitted by SR No 31 of 1996.) REGULATION 4QD 4QD (OMITTED)
(Omitted by SR No 378 of 1994.) REGULATION 4R IMPORTATION OF RADIOACTIVE SUBSTANCES 4R(1)
In this regulation, unless the contrary intention appears:
(a) the CEO of ARPANSA, within the meaning of section 14 of the Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; or
(b) an APS employee assisting the CEO in accordance with section 58 of that Act appointed in writing by the Minister as an authorised officer for this regulation.
4R(2)
The importation into Australia of a radioactive substance is prohibited unless:
(a) a permission in writing to import the substance has been granted by the Minister or an authorised officer; and
(b) the permission is produced to a Collector.
4R(3)
Where, in relation to an application for a permission under subregulation (2), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
4R(4)
If an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
4R(5)
A permission granted under subregulation (2) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
4R(6)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister may, by writing, revoke the permission.
4R(7)
The Minister may revoke a permission under subregulation (6) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
REGULATION 4S IMPORTATION OF LIGHTERS 4S(1)
Subject to subregulation (2), the importation into Australia of a lighter is prohibited unless:
(a) the person importing the lighter has:
(b) the Minister has granted a permission in writing for the lighter to be imported.
4S(2)
Subregulation (1) does not apply to a passenger, 18 years or older, importing no more than 5 lighters on a ship or aircraft.
4S(3)
A permission granted under paragraph (1)(b) may specify:
(a) the conditions or requirements to be complied with by the holder of the permission; and
(b) the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
4S(4)
If the holder of a permission granted under paragraph (1)(b) is required to comply with a condition or requirement and the holder of the permission fails to comply with the condition or requirement, the Minister may, by writing, revoke the permission.
4S(5)
In this regulation:
(a) set out in Part 1210, Title 16 of the Code of Federal Regulations; and
(b) published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993;
(a) to light cigarettes, cigars or pipes; and
(b) to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty;
(a) to light cigarettes, cigars or pipes; and
(b) either:
(a) is designed to light cigarettes, cigars or pipes; and
(b) is designed to be refilled with fuel; and
(c) has a customs value, determined under section 159 of the Customs Act 1901, of $5 or less.
REGULATION 4T IMPORTATION OF COUNTERFEIT CREDIT, DEBIT AND CHARGE CARDS 4T(1) [Importation without permission prohibited]
(a) a permission in writing to import the card has been given by the Minister; and
(b) the permission is produced to a Collector.
4T(2)
[Conditions of permission]
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the card to which the permission relates.
4T(3)
[Minister may revoke permission]
4T(4)
[Minister]
REGULATION 4U
IMPORTATION OF GOODS THE SUBJECT OF A PERMANENT BAN UNDER THE
COMPETITION AND CONSUMER ACT 2010
4U(1)
The importation into Australia of goods mentioned in Schedule 12 is prohibited unless:
(a) a permission in writing to import the goods has been given by the Minister; and
(b) the permission is produced to a Collector.
4U(2)
A permission may specify:
(a) conditions to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition, whether before or after the importation of the goods to which the permission relates.
4U(3)
If the holder of a permission does not comply with a condition of the permission, the Minister may, by writing, revoke the permission.
4U(4)
In this regulation:
REGULATION 4V
IMPORTATION OF ANZAC GOODS
4V(1)
[Definitions]
(a) the person importing the goods is the holder of a written permission granted by the Minister or an authorised officer; and
(b) the permission or a copy of the permission is produced to the Collector at or before the time of importation. 4V(4) [Permission]
REGULATION 4VA
IMPORTATION OF INCANDESCENT LAMPS
4VA(1)
In this regulation:
(a) a shape described as any of:
(b) a cap described as E14, E26, E27, B15 or B22d;
(c) a nominal voltage of ≥220 V;
(d) a nominal wattage of <150 W;
4VA(2)
The importation into Australia of an incandescent lamp is prohibited unless:
(a) the person importing the incandescent lamp is the holder of a written permission granted by the Minister or an authorised officer; and
(b) the permission or a copy of the permission is produced to the Collector at or before the time of importation.
4VA(3)
An application for a permission under subregulation (2) must be in writing.
4VA(4)
A permission under subregulation (2) may specify conditions or requirements to be complied with by the holder of the permission and may, for any such condition or requirement, specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.
4VA(5)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister or an authorised officer may, by writing, revoke the permission.
4VA(6)
The Minister or authorised officer may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act for not complying with the condition or requirement.
REGULATION 4W IMPORTATION OF CAT OR DOG FUR 4W(1) [Definitions]
(a) permission to import the goods has been granted under subregulation (3) and is in force; and
(b) the permission is produced to the Collector. 4W(3) [Permission]
(a) must be in writing; and
(b) must be lodged with the Minister or an authorised person. 4W(5) [Information]
(a) may specify conditions or requirements to be complied with by the holder of the permission; and
(b) for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission. 4W(9) [Revocation of permission]
(a) not to grant a permission; or
(b) to grant a permission subject to a condition or requirement; or
(c) to revoke a permission. 4W(12) [Notice of decision must include review information]
(a) subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act. 4W(13) [Validity of decision]
REGULATION 4X
4X
IMPORTATION OF SECURITY SENSITIVE AMMONIUM NITRATE
The importation into Australia of security sensitive ammonium nitrate ( SSAN ) is prohibited unless:
(a) both of the following requirements are met:
(b) permission to import the SSAN is not required under the law of the State or Territory where the SSAN is to be located immediately after importation.
REGULATION 4XA
IMPORTATION OF GOODS UNDER AUTONOMOUS SANCTIONS
4XA(1)
In this regulation:
(a) are mentioned in an item of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011; or
(b) have been designated as import sanctioned goods under subregulation 4A(3) of those Regulations.
4XA(2)
The importation of import sanctioned goods is prohibited if:
(a) the goods originate in, or are exported from, the country for which they are import sanctioned goods; and
(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of the Autonomous Sanctions Regulations 2011.
4XA(3)
The importation of goods is prohibited if:
(a) the goods are goods to which subregulation 4A(4) of the Autonomous Sanctions Regulations 2011 applies; and
(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of those Regulations.
REGULATION 4Y
IMPORTATION OF GOODS FROM DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
4Y(1)
In this regulation:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
(a) batons, clubs, riot sticks, and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
4Y(2)
Subject to subregulation (2AA), the importation of all goods from the Democratic People's Republic of Korea is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
4Y(2AA)
Subregulation (2) does not apply to the following:
(a) food (except seafood);
(b) medicine;
(c) accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes:
4Y(2AB)
For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account.
4Y(2A)
An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form.
4Y(3)
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law.
4Y(4)
A permission granted under subregulation (2) may specify, for the importation of the goods that it permits:
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported.
4Y(5)
The Foreign Minister may revoke or modify a permission granted under subregulation (2) if there are reasonable grounds for believing that:
(a) a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
REGULATION 4Z IMPORTATION OF CERTAIN GOODS FROM IRAN 4Z(1) [Definitions]
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
4Z(2)
[Prohibition]
(a) items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/814;
(b) items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/815;
(c) arms or related matériel.
4Z(2A)
[Application for permission]
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form.
4Z(3)
[Matter specified in permission]
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4Z(4) [Matters to be considered]
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4Z(5) [Minister may revoke or modify permission]
(a) a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
REGULATION 4ZA
IMPORTATION OF CERTAIN GOODS FROM ERITREA
4ZA(1)
[Definitions]
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e). 4ZA(2) [Prohibition]
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form. 4ZA(4) [Matters specified in permission]
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4ZA(5) [Matters to be considered]
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4ZA(6) [Minister may revoke or modify permission]
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations. 4ZA(7) [Permission by authorised employee]
REGULATION 4ZB
IMPORTATION OF CERTAIN GOODS FROM THE LIBYAN ARAB JAMAHIRIYA
4ZB(1)
[Definitions]
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e). 4ZB(2) [Prohibition]
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form. 4ZB(4) [Matters specified in permission]
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4ZB(5) [Matters to be considered]
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4ZB(6) [Minister may revoke or modify permission]
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations. 4ZB(7) [Permission by authorised employee]
REGULATION 5
IMPORTATION OF DRUGS
5(1)
Subject to subregulations (2) and (2A), the importation into Australia of a drug is prohibited unless:
(a) the person importing the drug is the holder of:
(b) the permission referred to in subparagraph (a)(ii), or a copy of the permission, is produced to the Collector;
(c) the drug is imported within the period specified in the permission referred to in subparagraph (a)(ii); and
(d) the quantity of the drug that is imported does not exceed:
5(2)
Subregulation (1) does not apply to or in relation to:
(a) a drug in respect of the importation of which an approval is in force under subregulation (3); or
(b) a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug-
5(2A)
Subregulation (1) does not apply to a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug:
(a) is required for the medical treatment of an animal that is being imported and is under the care of the person; and
(b) was prescribed by a veterinarian for use in the animal for the purposes of that treatment; and
(c) was supplied to the person in accordance with the prescription of the veterinarian.
5(3)
The Minister may, on the recommendation of the Secretary, by legislative instrument, approve the importation into Australia of a drug that meets one or more of the following:
(a) the drug is specified in, or included in a class of drugs specified in, the approval;
(b) the drug is imported in a form (including a concentration) specified in the approval;
(c) the drug is imported by a person, or class of persons, specified in the approval;
(d) the drug does not exceed a value or amount specified in the approval;
(e) the drug is imported in a way, or by a means, specified in the approval.
5(4)
An application for a licence to import drugs or for a permission to import a drug shall be in writing and shall be lodged with the Secretary.
5(5)
Where a person makes, in accordance with subregulation (4), an application for a licence or permission referred to in that subregulation, the Secretary or an authorised person shall, subject to this regulation, grant to the person the licence or permission, as the case may be.
5(6)
An applicant for a licence or permission referred to in subregulation (4) shall, on being so requested by the Secretary or an authorised person, furnish in writing to the Secretary such information as the Secretary or an authorised person reasonably may require in relation to the application.
5(7)
The Secretary or an authorised person shall not grant to an applicant a licence to import drugs unless:
(a) the applicant has furnished all the information requested by the Secretary or an authorised person under subregulation (6);
(b) the applicant is a fit and proper person to be granted a licence to import drugs;
(c) the persons (if any) that the applicant:
(d) the premises on which the applicant proposes to keep the drugs that will come within the applicant's possession during the currency of the licence are secure for that purpose.
5(8)
A licence to import drugs shall, unless previously revoked, remain in force for such period as is specified in the licence.
5(9)
A licence to import drugs is granted subject to compliance by the holder of the licence with the following conditions or requirements:
(a) the holder of the licence shall:
(b) the holder of the licence shall take such reasonable precautions as the Secretary or an authorised officer, or the Comptroller-General of Customs, directs for the purpose of ensuring that there is no danger of loss or theft of any drug in the possession of the holder of the licence;
(c) the holder of the licence shall not dispose of any drug, being a drug other than methaqualone, referred to in paragraph (a) of the definition of "drug" in subregulation (20), unless satisfied that the drug will be used solely for medical or scientific purposes;
(ca) the holder of the licence shall not dispose of the drug methaqualone unless satisfied that the drug will be used solely for scientific purposes;
(d) the holder of the licence shall record in a book kept for that purpose:
(e) the holder of the licence shall, when required by the Secretary or an authorised officer, or the Comptroller-General of Customs, produce to that person for examination:
(f) the holder of the licence shall retain any book kept in accordance with paragraph (d) until the Secretary or an authorised person approves of its destruction;
(g) the holder of the licence shall, within 5 days after the expiration of a report week, furnish to the Secretary a return setting out the entries recorded in respect of the report week in the book referred to in paragraph (d);
(h) the holder of the licence shall, within 14 days after receiving a notice in writing from the Secretary or an authorised person, furnish to the Director-General of Health, Housing, Local Government and Community Services such information as is requested in the notice, being information with respect to:
(j) the holder of the licence shall in respect of each permission to import a drug that is granted to the holder during the currency of the licence, being a permission that specifies a condition or requirement to be complied with by the holder, comply with that condition or requirement.
5(10)
The Secretary or an authorised person shall not grant to an applicant a permission to import a drug unless:
(a) the applicant has furnished all the information requested by the Secretary or an authorised person under subregulation (6);
(b) in the case of a drug that is included in Schedule 1 or 2 to the Single Convention:
(c) in the case of a drug other than methaqualone, that is not included in Schedule 1 or 2 to the Single Convention:
(ca) when the drug is methaqualone - the drug is required for use by the applicant or by another person solely for scientific purposes; and
(d) proper arrangements have been made by the applicant for the safe transportation and safe custody of the drug after the drug has been delivered for home consumption.
5(11)
A permission to import a drug shall be in writing and shall specify:
(a) the name and address of the holder of the permission;
(b) the name of the supplier of the drug and the supplier's address in the country from which the drug is exported;
(c) the name by which the drug is commonly known and the international non-proprietary name (if any) of the drug;
(d) the quantity of the drug that the holder of the permission may import;
(e) where the drug is a pharmaceutical product:
(f) the period during which the importation may be effected under the permission.
5(12)
A permission to import a drug shall not, where the drug is included in Schedule I or II of the Single Convention, specify, as the quantity of the drug that may be imported during the period specified in the permission, a quantity that, together with:
(a) the total quantity (if any) of the drug the importation of which during the year within which the specified period occurs (in this subregulation referred to as the "relevant year") has already been authorised by the Secretary or an authorised person; and
(b) the total quantity of the drug in respect of which, having regard to the information furnished to the Secretary under subregulation (6) or paragraph (9)(h) by other persons holding a licence to import drugs, those persons may reasonably be expected to apply for permission authorising the importation of the drug during the relevant year,
5(13)
A permission to import a drug may specify conditions or requirements, including conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the drug, to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time before or after the importation of the drug, at which the condition or requirement is to be complied with by the holder of the permission.
5(14)
Where a drug is imported in pursuance of a permission granted under this regulation, the Collector shall, by writing inscribed on the permission, certify:
(a) the quantity of the drugs so imported; and
(b) the date on which it was imported.
5(15)
Where-
(a) for reasons outside the control of the holder of a permission to import a drug, the quantity, or any part of the quantity, of the drug specified in the permission could not be imported, or cannot reasonably be expected to be imported, within the period specified in the permission; and
(b) the holder of the permission (whether before or after the expiration of the period specified in the permission) applies in writing to the Secretary for a variation of the period during which the importation of the drug may be effected,
5(16)
Where the Secretary or an authorised person has specified a period under subregulation (15) in relation to the importation of a drug, that period shall, for the purposes of paragraph (1)(c), be deemed to be the period specified in the permission.
5(17)
Where the holder of a licence to import drugs fails to comply with a condition or requirement set out in subregulation (9), the Secretary or an authorised person may revoke the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirements.
5(18)
Where:
(a) a permission to import a drug specifies a condition or requirement to be complied with by the holder of the permission; and
(b) the holder of the permission fails to comply with the condition or requirement,
5(18A)
Where the Secretary or an authorised person makes a decision:
(a) not to grant under subregulation (5) a licence to import drugs, or a permission to import a drug; or
(b) to grant under subregulation (13) a permission, to import a drug, that specifies:
(c) not to specify under subregulation (15) a period, other than the period specified in a permission, as the period during which the importation of a drug may be effected; or
(d) to revoke under subregulation (17) a licence to import drugs; or
(e) to revoke under subregulation (18) a permission to import a drug;
5(19)
The Secretary shall, before the commencement of each year, cause to be published in the Gazette in relation to that year, a notice entitled "Movements of Drugs of Dependence Calendar" in which shall be set out the periods that are, for the purposes of this regulation, report weeks in respect of that year.
5(20)
In this regulation:
(a) in relation to a chemical or compound - any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated, and includes a salt of the chemical or compound; and
(b) in relation to an isomer, or a mixture of isomers, of a chemical or compound - any substance chemically derived from the isomer or mixture of isomers and from which the isomer or mixture of isomers may be regenerated, and includes a salt of the isomer or mixture of isomers;
(a) a chemical compound, or other substance or thing, that is included in Schedule 4;
(b) an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a);
(c) a derivative of:
(d) a substance or thing, other than an exempted preparation, that contains, or consists in part of:
(e) a chemical or compound, other than a chemical or compound that is a drug by virtue of another paragraph of this definition, that, in the manufacture by a chemical process of a chemical or compound referred to in paragraph (a), is an immediate precursor of that chemical or compound;
(a) in relation to a drug - the carrying out of any process by which the drug may be obtained and includes:
(b) in relation to an exempted preparation - the carrying out of any process by which the exempted preparation may be obtained other than such a process carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying the exempted preparation to another person;
REGULATION 5A 5A IMPORTATION OF ANTIBIOTIC SUBSTANCES
(Repealed by No F2019L01615)
REGULATION 5B-5D
5B-5D
(Omitted by SR No 23 of 1991)
REGULATION 5E
5E
(OMITTED)
(Omitted by SR No 23 of 1991)
REGULATION 5F
5F
REASON FOR REFUSAL TO BE GIVEN
(Repealed by FRLI No F2019L01615)
REGULATION 5G
IMPORTATION OF CERTAIN SUBSTANCES
5G(1)
The importation into Australia of a substance mentioned in Schedule 7A is prohibited unless:
(a) the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised officer; and
(b) the permission is produced to a Collector.
5G(2)
Subregulation (1) does not apply to a substance if:
(a) the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft; and
(b) the substance is imported into Australia on the ship or aircraft; and
(c) the substance was prescribed by a medical practitioner for that treatment; and
(d) the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.
5G(3)
However, the exception in subregulation (2) does not apply to a substance if the substance is required for the medical treatment of:
(a) a person who is an athlete within the meaning of section 4 of the Australian Sports Anti-Doping Authority Act 2006; or
(b) a person who:1 Coaching or training an athlete.
2 Providing medical treatment or physiotherapy to an athlete.
3 Managing an athlete.
4 Managing public relations for an athlete.
5G(4)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.
5G(5)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Secretary may, in writing, revoke the permission.
5G(6)
In this regulation:
REGULATION 5H IMPORTATION OF CERTAIN GOODS 5H(1)
In this regulation:
5H(2)
The importation into Australia of goods specified in Schedule 8 to these Regulations is prohibited unless the Secretary or an authorised officer has, by instrument in writing, granted permission to import the goods and the instrument is produced to the Collector.
5H(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, as the Secretary or authorised officer, as the case may be, thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
5H(4)
Where:
(a) a permission granted under subregulation (2) is subject to a condition to be complied with by a person; and
(b) the person fails to comply with the condition;
REGULATION 5HA REVIEW OF DECISIONS 5HA(1)
In this regulation:
(a) of the Secretary, or an authorised person, under subregulation 5(5), (13), (15), (17) or (18); or
(ab) of the Secretary, or an authorised officer, under subregulation 5G(1) or (5); or
(b) of the Secretary, or an authorised officer, under subregulation 5H(2) or (4);
5HA(2)
A person whose interests are affected by an initial decision may request the Minister to reconsider the decision by notice in writing given to the Minister within 90 days after the decision first comes to the person's notice.
5HA(3)
The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (2), and may:
(a) confirm the initial decision; or
(b) revoke the initial decision; or
(c) revoke the initial decision and make a decision in substitution for that decision.
5HA(4)
If a person who has made a request under subregulation (2) does not receive notice of the decision of the Minister on reconsideration within 60 days of the making of the request, the Minister is to be taken to have confirmed the original decision.
5HA(5)
After reconsideration of an initial decision, the Minister must give the applicant a notice in writing stating:
(a) the result of the reconsideration; and
(b) that the applicant may, except where subsection 28(4) of Administrative Appeals Tribunal Act 1975 applies, apply for a statement setting out the reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Appeals Tribunal for review of that decision.
5HA(6)
If written notice of the making of an initial decision is given to a person whose interests are affected by the decision, the notice is to include a statement to the effect that a person whose interests are affected by the decision may:
(a) seek a reconsideration of the decision under this regulation; and
(b) subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Appeals Tribunal for review of that decision.
5HA(7)
Any failure to comply with the requirements of subregulation (5) or (6) in relation to a decision does not affect the validity of the decision.
5HA(8)
An application may be made to the Administrative Appeals Tribunal for review of a decision under subregulation (3).
REGULATION 5I IMPORTATION OF CERTAIN ORGANOCHLORINE CHEMICALS 5I(1)
In this regulation:
5I(1A)
The Minister may authorise, in writing, an officer of the Department administered by the Minister to grant permissions under this regulation.
5I(2)
The importation into Australia of:
(a) goods, being certain organochlorine chemicals specified in items 2, 3, 10 and 11 of Schedule 9;
(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
(d) the Minister or an authorised officer has granted a permission in writing to import the goods; and
(e) the permission is produced to a Collector.
5I(2A)
The importation into Australia of:
(a) goods, being certain organochlorine chemicals specified in items 1, 4, 5, 6, 7, 8, 9, 12 and 13 of Schedule 9; and
(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
(d) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:
(e) in any other case:
5I(2B)
An application for a permission under paragraph (2)(d) or (2A)(e) must be:
(a) in writing; and
(b) lodged with an authorised officer.
5I(2C)
An authorised officer may ask an applicant for a permission under paragraph (2)(d) or (2A)(e) to giveto the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.
5I(3)
Where, in relation to an application for a permission under subregulation (2) or (2A), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
5I(4)
Where an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
5I(5)
A permission granted under subregulation (2), (2A) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
5I(6)
Where:
(a) a permission granted under subregulation (2), (2A) or (4) is subject to a condition or requirement to be complied with by a person; and
(b) the person fails to comply with the condition or requirement;
REGULATION 5J IMPORTATION OF GOODS CONTAINING CERTAIN CHEMICAL COMPOUNDS 5J(1) [Definitions]
(a) an APS employee or SES employee of the Department of Foreign Affairs and Trade, authorised in writing by the Minister for Foreign Affairs to give permission to import prescribed goods into Australia for the purpose of this regulation; or
(b) a person holding a statutory office established under legislation administered by the Minister for Foreign Affairs, authorised in writing by the Minister to give permission to import prescribed goods into Australia for the purpose of this regulation.
(a) assigned to the compound by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and
(b) published by the Service in the journal Chemical Abstracts;
(a) a chemical compound mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11;
(b) a chemical compound belonging to a group of compounds mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11.
(a) The Chemical Abstracts Service number of a chemical compound mentioned in column 2 of an item is shown in column 3 of the item.
(b) For chemical compounds mentioned by type in column 2 of an item in Part 2 of Schedule 11, Chemical Abstracts Service numbers for compounds comprising the type are not mentioned in column 3.]
5J(2)
[Imports from specific countries prohibited]
5J(2A)
[Exceptions to prohibition]
(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and
(b) the permission is produced to the Collector.
5J(2AA)
[Imports of Pt 4 of Sch 11 goods prohibited]
(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and
(b) the permission is produced to a Collector.
5J(2AB)
[Permission under reg 5J(2AA)]
(a) may be given for the importation of more than 1 shipment; and
(b) remains in force for 1 year from the day when it is given; and
(c) may be renewed for up to 3 further periods of 1 year.
5J(2AC)
[Exception]
(a) the chemical compound is less than 10%, by weight, of the goods; and
(b) there is no other chemical compound, or chemical compound belonging to a group of compounds, mentioned in Part 2, 3 or 4 of Schedule 11 in the goods.
5J(2B)
[Time limit to request permission]
(a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 - at least 37 days before the day when it is proposed to import the goods; or
(b) in any other case - at least 7 days before the first day when it is proposed to import the goods.
5J(2C)
[Exceptions to application]
(a) there is not more than 5 milligrams of saxitoxin in the goods; and
(b) the goods are to be used for medical or diagnostic purposes only; and
(c) the goods do not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11.
5J(3)
[Referral of application to Minister]
(a) the authorised person must refer the application to the Minister for Foreign Affairs; and
(b) that Minister may give, or refuse to give, the permission.
5J(4)
[Permission may include conditions]
(a) include conditions or requirements to be complied with by the holder of the permission; and
(b) set a time (being a time before or after the importation of the goods to which the permission relates) at or before which a condition or requirement must be complied with by the holder.
5J(5)
[Revocation of permission]
(a) it is subject to a condition or requirement; and
(b) the holder fails to comply with the condition or requirement (whether or not the person is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement).
REGULATION 5K
IMPORTATION OF OZONE-DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES
5K(1)
The importation into Australia (except from an external Territory) of:
(a) a substance mentioned in column 2 of an item in Schedule 10; or
(b) ODS equipment or SGG equipment;
5K(2)
Subregulation (1) does not apply if a licence to import the substance or equipment has been granted under section 16 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the licence, or a copy of the licence, is produced to a Collector.
5K(3)
Subregulation (1) does not apply to a substance that is present in goods because the substance was used in the manufacturing process for the goods.
5K(4)
Subregulation (1) does not apply to a CFC, HCFC or SGG in relation to which all of the following conditions are satisfied:
(a) the CFC, HCFC or SGG is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC, HCFC or SGG is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, 1 or more periods when the ship or aircraft is or will be engaged in a journey between:
5K(5)
(Repealed by SLI No 120 of 2012)
5K(6)
Subregulation (1) does not apply to ODS equipment or SGG equipment in relation to which subsection 13(5) or (6) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies.
5K(7)
In this regulation:
REGULATION 5L
IMPORTATION OF VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES
5L(1)
In this regulation:
5L(2)
The importation into Australia of viable material derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has granted permission in writing; and
(b) the permission is produced to a Collector at or before the time of importation.
5L(3)
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
5L(4)
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2 (a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
5L(5)
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act.
5L(6)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
5L(7)
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
5L(8)
A failure to comply with subregulation (7) does not affect the validity of the decision.
REGULATION 6
6
REGULATIONS DO NOT DEROGATE FROM ANY OTHER LAW
The provisions of these Regulations are in addition to, and do not derogate from, the operation of any other law of the Commonwealth relating to the importation of goods into Australia. REGULATION 7 7 REPEAL
(Repealed by SLI No 241 of 2015)
REGULATION 8
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE
CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) REGULATION 2015
8(1)
The amendment of regulation 5 made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015 applies in relation to licences granted under regulation 5 before, on or after 1 July 2015.
8(2)
A direction given by the CEO under paragraph 5(9)(b) and in force immediately before 1 July 2015 continues in force on and after that day under that paragraph as if it had been given by the Comptroller-General of Customs.
8(3)
A requirement made by the CEO before 1 July 2015 as mentioned in paragraph 5(9)(e) that had not been complied with before that day is taken on and after that day to have been a requirement made by the Comptroller-General of Customs.
8(4)
An application under subitem 5.8 of Part 3 of Schedule 6 that is pending immediately before 1 July 2015 is taken on and after that day to be an application to the Comptroller-General of Customs.
8(5)
A certificate issued by the CEO under subitem 5.10 of Part 3 of Schedule 6 and in force immediately before 1 July 2015 continues in force on and after that day under that subitem as if it had been issued by the Comptroller-General of Customs.
8(6)
If before 1 July 2015 a person had informed the CEO of a change in the person's circumstances as mentioned in subitem 5.11 of Part 3 of Schedule 6, then on and after that day the person is taken to have informed the Comptroller-General of Customs of the change.
REGULATION 9
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE
CUSTOMS (PROHIBITED IMPORTS) AMENDMENT (FIREARMS AND OTHER WEAPONS) REGULATION 2015
9(1)
The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015 (the amending regulation ) apply in relation to:
(a) an application for permission for or consent to the importation of an article or goods made on or after the commencement of the amending regulation; and
(b) the importation of an article, or goods, on or after the commencement of the amending regulation, subject to subregulation (3).
9(2)
The amendments of these Regulations made by the amending regulation apply, on and after the commencement of the amending regulation, in relation to an application for permission for, or consent to, the importation of an article or goods that had not been finally determined immediately before that commencement, as if the application had been made on or after that commencement.
9(3)
However, the amendments of these Regulations made by the amending regulation do not apply in relation to the importation of an article, or goods, whether before, on or after the commencement of the amending regulation, if, immediately before that commencement, a permission or consent was in force for that importation.
REGULATION 10
TRANSITIONAL MATTERS - EFFECT OF THE
CUSTOMS LEGISLATION AMENDMENT (ASBESTOS) REGULATIONS 2019
ON PERMISSIONS AND CONFIRMATIONS
10(1)
A permission:
(a) granted under subregulation 4C(2); and
(b) in force immediately before the commencement of the Customs Legislation Amendment (Asbestos) Regulations 2019 (the amending regulations );
10(2)
A confirmation:
(a) provided in accordance with paragraph 4C(3)(b); and
(b) in force immediately before the commencement of the amending regulations;
REGULATION 11
11
TRANSITIONAL MATTERS - EFFECT OF THE
CUSTOMS LEGISLATION AMENDMENT (PROHIBITED EXPORTS AND IMPORTS) REGULATIONS 2019
ON DRUG IMPORTATION APPROVALS
The Customs (Prohibited Imports) (Importation of Hemp Seeds and Hemp Derived Products) Approval 2018 continues in force on and from the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 (the amending Regulations ) as if it had been made under subregulation 5(3) of this instrument as amended by the amending Regulations.
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 3B - PERMITTED IMPORTATION OF CHRYSOTILE
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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:
(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:
1.5
[Omitted by SR No 234 of 2000]
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:
(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:
(d) the article is to be imported in the following circumstances:
(e) (Repealed by SLI No 241 of 2015)
(f) the article is to be imported in the following circumstances:
(g) the article is to be imported in the following circumstances:
(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:• 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]
3. Specified person test 3.1
The importation of an article complies with the specified person test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
3.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied that:
(a) the importer of the article is a person whose occupation is partly or wholly the business of controlling vertebrate pest animals; and
(b) the importer holds a licence or authorisation, in accordance with the law of the State or Territory in which the importer will carry out that occupation, to possess the article for the purpose of carrying out that occupation.
3.3
[Omitted by SR No 234 of 2000]
4. Police certification test 4.1
The importation of an article complies with the police certification test if:
(a) before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the article, or that a licence or authorisation to possess the article is not required under the law of the relevant State or Territory; and
(b) for a category C article - the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer is a primary producer; and
(c) for a category H article (except a category H article to which subitem 4.2 applies) - the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer:
(ca) the importer produces details of the article to a Collector, including:
(d) the importer produces to a Collector:
4.2
This subitem applies to a category H article if the importer of the article is the government of the Commonwealth, a State or a Territory.
4.3
[Omitted by SR No 60 of 2001]
4.4
[Omitted by SR No 60 of 2001]
5. Sports shooter test 5.1
The importation of a restricted category C article complies with the sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
5.2
The Minister may give written permission for the importation of the article only if the importer is a certified sports shooter for the article.
5.3
[Omitted by SR No 234 of 2000]
5A. International sports shooter test 5A.1
The importation of a restricted category C article complies with the international sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
5A.2
The Minister may give written permission for the importation of the article only if the importer is a certified international sports shooter for the article.
5A.3
[Omitted by SR No 234 of 2000]
6. Dealer test - Category C and D articles 6.1
The importation of a Category C or Category D article complies with the dealer test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
6.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied that the importer is a licensed firearm dealer for the article.
7. Dealer test - category H article 7.1
The importation of a category H article complies with the dealer test if:
(a) the importer carries on the business of a firearm dealer; and
(b) before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that:
(c) the importer produces details of the article to a Collector, including:
(d) the importer produces to a Collector the statement in the approved form.
8. Returned goods test 8.1
The importation of an article complies with the returned goods test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied:
(a) that:
(b) that:
8.3
In this item:
8A. Public interest test 8A.1
The public interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.
8A.2
The importation of an article complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8A.3
The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:
(a) it is in the public interest to allow the article to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the article will be secured appropriately in Australia.
8B. National interest test 8B.1
The national interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.
8B.2
The importation of an article complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8B.3
The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:
(a) it is in the national interest to allow the article to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the article will be secured appropriately in Australia.
9. Application for Minister's permission to import article 9.1
This item applies if the written permission of the Minister for the importation of an article is required under this Part.
9.2
A person may apply to the Minister for the permission.
9.3
The application must be made on the form approved by the Secretary to the Department.
PART 2 - REQUIREMENTS FOR SPECIFIC FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
PART 3 CONDITIONS RELATING TO THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
1A.
Firearm identification
1A.1
This item applies in relation to a firearm if an item in Part 2 of this Schedule requires that the firearm must bear a unique serial number.
1A.2
A firearm is taken to comply with the requirement if:
(a) the firearm is visually inspected by a Collector, and found to have a unique serial number; or
(b) each of the following applies:
1. Safety requirements for firearms 1.1
The safety requirements do not apply to a firearm if the importation of the firearm complies with:
(a) the official purposes test; or
(b) the specified purposes test.
1.2
The safety requirements do not apply:
(a) to a firearm that:
(b) to an imitation; or
(c) to a deactivated firearm; or
(d) to a blank-fire firearm; or
(e) to an underwater powerhead.
1.3
The safety requirements do not apply to a firearm that had previously been exported from Australia if the importer of the firearm produces to a Collector, at the time of importation:
(a) if the exportation of the firearm would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission; or
(b) in any other case - written evidence that the firearm had previously been lawfully exported from Australia by the importer.
1.4
The safety requirements do not apply to a firearm if:
(a) the importer is:
(b) the importer produces to a Collector, at or before the time of importation:
(c) if the importer is referred to in subparagraph (a)(i) - the firearm is to be exported not later than the expiry of the relevant visa; and
(d) if the importer is referred to in subparagraph (a)(ii) - the firearm is to be exported not later than 1 year after the date of its importation.
1.5
A firearm, other than a firearm to which the safety requirements do not apply because of subitem 1.1, 1.2, 1.3 or 1.4, must comply with the requirements of subitem 1.5B, tested in accordance with arrangements approved, in writing, by the Minister.
1.5A
(Repealed by SLI No 241 of 2015)
1.5B
A firearm is taken to comply with the safety requirements if the Collector, at the time of importation:
(a) confirms that the firearm has been fitted with an effective safety switch or device (unless it is a hammer firearm fitted with a half cock mechanism or safety bent); and
(b) confirms that the firearm has been fitted with an effective trigger guard; and
(c) determines that further testing, as described in subitems 1.6 to item 1.11 (inclusive), is not required.
1.5C
If the Collector determines that further testing of a firearm is required, the firearm is taken to comply with the requirements of subitems 1.6 to 1.11 (inclusive) if:
(a) the firearm is tested in accordance with procedures approved by the Minister, and is found to comply with the requirements; or
(b) each of the following applies:
1.6
The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:
(a) it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt-first onto a rubber mat that:
(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:
(c) (Repealed by SLI No 168 of 2013)
1.6A
If the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:
(a) each hammer or cocking device is moved back towards the cocked position; and
(b) immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.
1.7
Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of less than or equal to 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.
1.8
(Repealed by SLI No 168 of 2013)
1.9
The firearm must, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:
(a) when engaged in the "safe" position, prevents discharge of the firearm; and
(b) can be disengaged only by:
(c) for an applied, external, safety device - clearly indicates when the firearm is able to discharge.
1.10
For a firearm mentioned in item 14A of Part 2 of Schedule 6, the firearm:
(a) must be fitted with an effective trigger guard; and
(b) must be fitted with a safety device (either mechanical or electronic) that:
1.11
The firearm must not:
(a) contain parts; or
(b) be the subject of any modification, corrosion, damage or alteration;
2. Specified purposes test 2.1
The importation of an article in accordance with the specified purposes test is subject to the condition that the importer of the article must:
(a) within the period, after importation, mentioned in the Minister's permission:
(aa) until the article is so disposed of, exported or destroyed, retain ownership of the article; and
(b) comply with any condition or requirement specified, in relation to the article, in the permission.
3. Official purposes test 3.1
The importation, in accordance with the official purposes test, of an article to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:
(a) if the government does not acquire ownership of the article in the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.2
The importation, in accordance with the official purposes test, of an article to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.3
The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.4
The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.5
The importation, in accordance with the official purposes test, of an article that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:
(a) the article must be exported within the period, after importation, mentioned in the Minister's permission;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
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 Minister's 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 Minister's permission.
4. Dealer test - category C and D articles 4.1
(Repealed by SLI No 241 of 2015)
4.2
The importation, in accordance with the dealer test, of a category C article or category D article is subject to the following conditions:
(a) the importer must not sell the article except to:
(b) the importer must retain possession of the article until the importer disposes of the article by:
(ba) if the importer disposes of the article in accordance with paragraph (b), the importer must give to the Minister, within 30 days after disposal, a written declaration by the importer:
(c) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
4.3
(Repealed by SLI No 241 of 2015)
In this item:
5.2
The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with subitem 5.4.
5.3
(Repealed by FRLI No F2020L00293)
5.4
The importer may only dispose of the article:
(a) to a person (other than a licensed firearm dealer) who holds a licence or authorisation, in accordance with the law of a State or Territory, to possess the article; or
(b) to a person who holds a written authority or permission given by a relevant police representative stating that the person is not required to hold a licence or authorisation, in accordance with the law of the relevant State or Territory, to possess the article; or
(c) to a person who is a licensed firearm dealer; or
(d) by exporting the article.
5.5A
(Repealed by SLI No 251 of 2013)
5.5
For paragraph 5.4(a), if the importer proposes to dispose of the category H article to a person who holds a licence for the purpose of taking part in sports shooting, the article must comply with subitem 1.3 of Part 4 of this Schedule.
5.6-5.15
(Repealed by FRLI No F2020L00293)
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 Minister certifies, in writing, that the Minister is satisfied that:
(a) the person is a registered shooter with the Australian Clay Target Association; and
(ab) the person is:
(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 for the purpose of taking part in clay target events; and
(c) the person intends to use the article solely to take part in clay target events; and
(d) the person:
1.2
For this Schedule, a person is a certified sports shooter , for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:
(a) either:
(b) a relevant police representative is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for the purpose of taking part in sports or target shooting permitted under that law; and
(c) the relevant police representative certifies, in an approved form, that the person is a certified sports shooter for the article.
1.3
For paragraph 1.2 (a), a category H article complies with this subitem if:
(a) the article:
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
1.4
For paragraph 1.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
1.5
For paragraph 1.2 (a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the article, magazine or barrel is to be imported by a person who is:
(b) the person satisfies a Collector, at or before importation, that the person had lawfully exported the article, magazine or barrel from Australia with the intention of participating in an international sports or target shooting event which was intended to be held outside Australia on or before 30 June 2003.
1.6
For subitem 1.3:
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 Minister certifies, in writing, that the Minister 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:
(c) the person is not:
(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 for the purpose of taking part in clay target events.
1A.2
For this Schedule, a person is a certified international sports shooter, for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:
(a) either:
(b) a relevant police representative is satisfied that the person intends to use the article in Australia for sports or target shooting; and
(c) the relevant police representative is satisfied that the person is not:
(d) the relevant police representative is satisfied that the person is the holder of a licence or authorisation to possess the article for sports or target shooting, in accordance with the law of the State or Territory where the person intends to use the article; and
(e) the relevant police representative certifies, in an approved form, that the person is a certified international sports shooter for the article.
1A.3
For paragraph 1A.2(a), a category H article complies with this subitem if:
(a) the article:
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
1A.4
For paragraph 1A.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
1A.5
For paragraph 1A.2(a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the person is importing the article, magazine or barrel for the purpose of participating in a sports or target shooting event which is intended to be held in Australia on or before 30 June 2003; and
(b) the person satisfies a Collector, at or before importation, that the person:
1A.6
For subitem 1A.3:
1B. Meaning of relevant police representative 1B.1
For this Schedule:
(a) the chief police officer for that State or Territory, namely:
(b) a person authorised in writing to act on behalf of that chief police officer in relation to matters to which this Schedule relates.
2. Meaning of certified primary producer 2.1
For this Schedule, a person is a certified primary producer if a relevant police representative certifies, in an approved form, that the person is a primary producer.
2.2
[Omitted by SR No 234 of 2000]
3. Meaning of category C article and restricted category C article 3.1
For this Schedule, a category C article is:
(a) a firearm to which item 3 of Part 2 of this Schedule applies (a category C firearm ); or
(b) a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a category C firearm.
3.2
For this Schedule, a restricted category C article is any of the following:
(a) a semi-automatic shotgun, or pump-action repeating shotgun, to which item 3 of Part 2 of this Schedule applies (a restricted category C firearm );
(b) a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a restricted category C firearm.
3AA. Meaning of category D article 3AA.1
For this Schedule, a category D article is any of the following:
(a) a firearm to which item 6 of Part 2 of this Schedule applies (a category D firearm );
(b) a firearm part, to which item 7 of Part 2 of this Schedule applies, of (or for) a category D firearm;
(c) a detachable firearm magazine to which item 15 or 16 of Part 2 of this Schedule applies, whether or not fitted to a firearm.
3A. Meaning of category H article 3A.1
For this Schedule, a category H article is:
(a) a firearm mentioned in item 9 of Part 2 (other than a firearm that was manufactured before 1 January 1900); or
(b) a frame or receiver mentioned in item 9B of Part 2 (other than a frame or receiver that was manufactured before 1 January 1900).
4. Meaning of certified buyer 4.1
For this Schedule, a person is a certified buyer , for a category C or category D article, if the Minister certifies, in writing, that the Minister 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 or category D article, if the Minister certifies, in writing, that the Minister is satisfied that:
(a) the person intends to buy the article from a licensed firearm dealer; and
(b) the person's occupation is partly or wholly the business of controlling vertebrate pest animals; 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 for the purpose of the person's occupation.
4.3
For this Schedule, a person is a certified buyer , for a category H article, if:
(a) the Secretary of the Department:
(b) a relevant police representative:
4.4
For subparagraph 4.3 (a) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the Commonwealth;
(c) the government will retain ownership of the article after buying it.
4.5
For subparagraph 4.3 (b) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the relevant State or Territory;
(c) the government will retain ownership of the article after buying it.
5. Meaning of licensed firearm dealer 5.1
For this Schedule, a person is a licensed firearm dealer , for a category C, category D or category H 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 or dispose of it, or deal with it for other commercial purposes, in the course of the business.
6. Meaning of certified for business or occupational purposes 6.1
For this Schedule, a person is certified for business or occupational purposes , for a category H article, if a relevant police representative:
(a) is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for business or occupational purposes (other than for the purposes of being a firearm collector or firearm dealer); and
(b) certifies, in an approved form, that the person is a person certified for business or occupational purposes for the category H article.
7. Meaning of certified collector 7.1
For this Schedule, a person is a certified collector , for a category H article, if a relevant police representative:
(a) is satisfied that the person is a licensed collector, in accordance with the law of the relevant State or Territory; and
(b) certifies, in an approved form, that the person is a certified collector for the category H article.
8. Meaning of sanctioned activity 8.1
In this Schedule, sanctioned activity means:
(a) an activity approved in writing by any of the following:
(b) an activity approved in writing by any of the following:
9. 9.1 Meaning of law enforcement-sanctioned activity
(Repealed by SLI No 241 of 2015)
SCHEDULE 7
SCHEDULE 7A
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
PART 2 - HALONS
PART 3 - CARBON TETRACHLORIDE
PART 4 - METHYL CHLOROFORM
PART 5 - HYDROCHLOROFLUOROCARBONS
PART 6 - HYDROBROMOFLUOROCARBONS
PART 7 - METHYL BROMIDE
PART 8 - BROMOCHLOROMETHANE
PART 9 - HFCs
PART 10 - PFCs
PART 11 - SULFUR HEXAFLUORIDE
PART 12 - NITROGEN TRIFLUORIDE
SCHEDULE 11
(a) are to be read literally; and
(b) do not include any substituted alkyl, cycloalkyl, alkylated, methyl, ethyl, n-propyl or iso-propyl groups.
PART 2 - COMPOUNDS (CHEMICAL WEAPONS CONVENTION, SCHEDULE 1)
PART 3 - COMPOUNDS (CHEMICAL WEAPONS CONVENTION, SCHEDULE 2)
PART 4 - COMPOUNDS (CHEMICAL WEAPONS CONVENTION, SCHEDULE 3)
SCHEDULE 12
SCHEDULE 13
The importation of a good complies with the official purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
1.2
The Minister or an authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) the good is to be imported for the purposes of:
(b) the ownership arrangements for the good are, or will be, in accordance with subitem 1.5; and
(c) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used - the importer holds a licence or authorisation of that kind.
1.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 1.2.
1.4
For paragraph 1.2(a), examples of a good the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:
(a) a good to be supplied to the government under a contract in force when the good is to be imported; and
(b) a good to be shown to the government to demonstrate its uses; and
(c) a good that the government proposes to inspect, test or evaluate; and
(d) a good that the government proposes to use for training; and
(e) a good 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.
1.5
For paragraph 1.2 (b), the ownership arrangements for a good are set out in the following table:
2 Specified purposes test 2.1
The importation of a good complies with the specified purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
2.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) the good is to be imported in the following circumstances:
(b) the good is ammunition or a component of ammunition (other than ammunition or a component of ammunition mentioned in Schedule 6) to be imported in the following circumstances:
(c) the good is to be imported in the following circumstances:
(d) the good is a flamethrower, or similar device, of a kind mentioned in item 46 of Part 2 of this Schedule, or a part mentioned in item 47 of that Part, to be imported in the following circumstances:
(e) the good is to be imported in the following circumstances:
(f) the good is to be imported in the following circumstances:
2.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 2.2.
3 Specified person test 3.1
The importation of a good complies with the specified person test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
3.2
The Minister or authorised person may give written permission for the importation of the good only if:
(a) for a good mentioned in item 41 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(b) for a good mentioned in item 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(ba) for a good mentioned in item 41, 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(c) for a good mentioned in item 44 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(d) for a good mentioned in item 45 of Part 2 of this Schedule (anti-personnel sprays etc.) - the Minister or authorised person is satisfied of the following:
3.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 3.2.
4 Dealer test 4.1
The importation of a good complies with the dealer test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
4.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) if the importer is required to hold a licence or authorisation to deal in the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind; and
(b) it is appropriate for the importer to hold the good for stock purposes, having regard to matters including:
4.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 4.2.
5 Returned goods test 5.1
The importation of a good complies with the returned goods test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
5.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied:
(a) that:
(b) that:
5.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 5.2.
5.4
In this item:
6 6 Police certification test
The importation of a good complies with the police certification test if, before the importation of the good, the importer of the good was given a statement, in an approved form, by a relevant police representative (within the meaning of item 1B of Part 4 of Schedule 6) to the effect that:
(a) the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the good; or
(b) a licence or authorisation to possess the good is not required under the law of the relevant State or Territory.
The importation of a good complies with the collectors and non-government museum test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
7.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied of the following:
(a) the good is inert and has been deactivated;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
7.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 7.2.
8 Historical items test 8.1
The importation of a good complies with the historical items test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
8.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied of the following:
(a) the good has historical significance as a pre-1900 weapon;
(b) the value and condition of the good would preclude it from being used as a functional weapon;
(c) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which theimporter lives - the importer holds a licence or authorisation of that kind;
(d) the importer is a current member of a historical club or association for goods of the type being imported;
(e) the good will be secured appropriately in Australia.
8.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 8.2.
9 Public interest test 9.1
The importation of a good complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
9.2
The Minister may give written permission for the importation of the good if the Minister is satisfied of the following:
(a) it is in the public interest to allow the good to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
10 National interest test 10.1
The importation of a good complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
10.2
The Minister may give written permission for the importation of the good if the Minister is satisfied of the following:
(a) it is in the national interest to allow the good to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
PART 2 - REQUIREMENTS FOR SPECIFIED WEAPONS AND WEAPON PARTS
PART 3 - CONDITIONS RELATING TO THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS
1
Official purposes test
1.1
The importation, in accordance with the official purposes test, of a good to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:
(a) if the government does not acquire ownership of the good in the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.2
The importation, in accordance with the official purposes test, of a good to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.3
The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.4
The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.5
The importation, in accordance with the official purposes test, of a good that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:
(a) the good must be exported within the period, after importation, mentioned in the permission;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
2 2 Specified purposes test
The importation of a good in accordance with the specified purposes test is subject to the condition that the importer of the good must:
(a) unless the good has been destroyed, export the good within the period, after importation, mentioned in the permission; and
(b) comply with any condition or requirement specified, in relation to the good, in the permission. 3 Dealer test 3.1
The importation of a good in accordance with the dealer test is subject to the condition that the importer must retain possession of the good until the importer disposes of the good by:
(a) selling the good in accordance with subitem 3.2; or
(b) exporting the good in compliance with the Act (including any regulations or other instruments made under the Act); or
(c) destroying the good.
3.2
For paragraph 3.1(a), the good may be sold to any of the following:
(a) a government of the Commonwealth, a State or a Territory;
(b) a person with a contract for the sale of the good in force with such a government at the time of transfer of ownership of the good to the person;
(c) a certified buyer for the good.
PART 4 - INTERPRETATION
1
1
Meaning of
authorised person
For this Schedule, authorised person means a person authorised in writing by the Minister for the purposes of this Schedule. 2 2 Meaning of certified buyer
For this Schedule, a person is a certified buyer , if the Minister or an authorised person certifies, in writing, that the Minister or authorised person is satisfied that:
(a) the person intends to buy the good from a person who is licensed to deal with the good; and
(b) the good is for the purposes of the government of the Commonwealth, or a State or Territory; and
(c) the government will retain ownership of the good after buying it. 3 3 Meaning of sanctioned activity
In this Schedule, sanctioned activity has the same meaning as in Schedule 6 (see item 8 of Part 4 of that Schedule).
These regulations are the Customs (Prohibited Imports) Regulations 1956.
View history note
Hide history noteIn these Regulations, unless the contrary intention appears:
adjustable stock
has the meaning given in subregulation 4F(4).
amphibole asbestos
(Repealed by FRLI No F2019L00365)
asbestos
has the same meaning as in the Work Health and Safety Regulations 2011.
Australian Standard
means a standard approved for publication on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter;
Australian Wool Corporation Standard
(Omitted by SR No 412 of 1995)
Australian Wool Exchange
means the Australian Wool Exchange Limited ACN 061 495 565;
Australian Wool Exchange Standard
means a standard published by the Australian Wool Exchange;
Australian Wool Research and Promotion Organisation Standard
(Repealed by SLI No 114 of 2014)
British Standard
means a standard issued by the British Standards Institution established under Royal Charter;
CFC
means a chlorofluorocarbon mentioned in Part 1 of Schedule 10, whether existing alone or in a mixture.
component of ammunition
has the meaning given in subregulation 4F(4).
cream
(Omitted by SR No 286 of 1992)
designated therapeutic substance
(Omitted by SR No 289 of 1991)
detachable stock
has the meaning given in subregulation 4F(4).
dried or dehydrated fruit
(Omitted by SR No 286 of 1992)
dried or dehydrated mixed fruit
(Omitted by SR No 286 of 1992)
encapsulator
has the meaning given by subregulation 4G(7).
electro-shock cartridge
has the meaning given in subregulation 4F(4).
exempt firearm
(Omitted by SR No 91 of 1996)
firearm
has the meaning given in subregulation 4F(4);
firearm accessory
has the meaning given in subregulation 4F(4);
firearm magazine
has the meaning given in subregulation 4F(4);
firearm part
has the meaning given in subregulation 4F(4);
flash point
means the temperature at which petroleum and shale products (including kerosene) give off an inflammable vapor upon being tested by the Abel Pensky closed test apparatus;
folding stock
has the meaning given in subregulation 4F(4).
fresh milk
(Omitted by SR No 286 of 1992)
handgun
has the meaning given in subregulation 4F(4).
HCFC
means a hydrochlorofluorocarbon mentioned in Part 5 of Schedule 10, whether existing alone or in a mixture.
HFC
means a substance mentioned in Part 9 of Schedule 10, whether existing alone or in a mixture.
Note
HFC is short for hydrofluorocarbon.
human embryo clone
(Omitted by SLI No 188 of 2009)
imitation
has the meaning given by subregulation 4F (4).
International Tonnage Certificate (1969)
means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the International Convention on Tonnage Measurement of Ships, 1969.
IUPAC name
means a designation attributed to a chemical by the International Union of Pure and Applied Chemistry, being a designation contained in International Standard ISO 1750-1981: Pesticides and Agrochemicals - Common Names, published at Geneva by the International Standards Organisation in 1981;
kava
means a plant or part of a plant of the species Piper methysticum or a preparation obtained from the plant or part of the plant;
licensed importer
(Omitted by SR No 289 of 1991)
nitrogen trifluoride
means the substance referred to in Part 12 of Schedule 10, whether existing alone or in a mixture.
package
(Omitted by SR No 286 of 1992)
paint
(Omitted by SR No 286 of 1992)
PFC
means a substance mentioned in Part 10 of Schedule 10, whether existing alone or in a mixture.
Note
PFC is short for perfluorocarbon.
pistol
(Omitted by SR No 460 of 1990)
poppy straw
means any part (other than the seeds) of either of the following:
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
replica
(Omitted by SLI No 275 of 2010)
security sensitive ammonium nitrate
means any of the following:
(a) ammonium nitrate;
(b) an emulsion that is made up of more than 45 per cent ammonium nitrate;
(c) a mixture that is made up of more than 45 per cent ammonium nitrate;
but does not include ammonium nitrate in solution.
SGG
or
synthetic greenhouse gas
means any of the following:
(a) an HFC;
(b) nitrogen trifluoride;
(c) a PFC;
(d) sulfur hexafluoride.
solid detergents
(Omitted by SR No 286 of 1992)
sulfur hexafluoride
means the substance referred to in Part 11 of Schedule 10, whether existing alone or in a mixture.
tablet press
has the meaning given by subregulation 4G(7).
the Act
means the Customs Act 1901;
The British Pharmacopoeia
(Omitted by SR No 286 of 1992)
therapeutic substance
means a substance, including a mixture or compound of substances, that has a therapeutic use and includes a surgical ligature, suture or dressing, but does not include a vaccine prepared from microscopic organisms from the body of a person or animal for use in the treatment of that person or animal only;
therapeutic use
means a use for the purpose of:
(a) the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals;
(b) the influencing, inhibiting or modifying of a physiological process in persons or animals; or
(c) the testing of the susceptibility of persons or animals to a disease or ailment;
tobacco
(Omitted by SR No 286 of 1992)
two-pack paint
(Omitted by SR No 286 of 1992)
viable material
(Omitted by SLI No 188 of 2009)
Work Health and Safety Minister
means the Minister administering the Work Health and Safety Act 2011.
2(1A)
(Omitted by SR No 91 of 1996)
2(2)
(Repealed by FRLI No F2019L01615)
2(3)
For the purpose of these Regulations:
(a) a reference to a British Standard published on a date specified in these Regulations shall be read as a reference to such British Standard published by the British Standards Institution on that date; and
(b) where a British Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the British Standard.
2(4)
For the purposes of these Regulations:
(a) a reference to an Australian Standard, or a Part of an Australian Standard, published on a date specified in these Regulations shall be read as a reference to the Australian Standard, or the Part of an Australian Standard, as the case requires, approved for publication on that date; and
(b) where an Australian Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the Australian Standard.
2(5)
For the purposes of these Regulations:
(a) a reference to an Australian Wool Exchange Standard published on a date specified in these Regulations is taken to include a reference to the Australian Wool Exchange Standard approved for publication on that date; and
(b) if an Australian Wool Exchange Standard refers to another instrument, that instrument is taken to be incorporated with, and form part of, the Australian Wool Exchange Standard.
REGULATION 3 GOODS THE IMPORTATION OF WHICH IS PROHIBITED ABSOLUTELY 3(1) [Importation prohibited absolutely]
The importation of goods specified in Schedule 1 is prohibited absolutely.
(Omitted by SR No 91 of 1996)
REGULATION 3AA IMPORTATION OF DEVICES AND DOCUMENTS RELATING TO SUICIDE 3AA(1) [Import of device prohibited]
The importation of a device designed or customised to be used by a person to commit suicide, or to be used by a person to assist another person to commit suicide, is prohibited absolutely.
3AA(2) [Import of documents prohibited]The importation of the following documents is prohibited absolutely:
(a) a document that promotes the use of a device mentioned in subregulation (1);
(b) a document that counsels or incites a person to commit suicide using one of those devices;
(c) a document that instructs a person how to commit suicide using one of those devices.
The criteria in relation to goods mentioned in subregulation 4F(2) and paragraph 4H(2)(a) are that the goods:
(a) are goods the owner of which is the defence force of any of the following countries:
(i) Brunei Darussalam;
(ii) Canada;
(iii) Malaysia;
(iv) New Zealand;
(v) Papua New Guinea;
(vi) the Kingdom of Cambodia;
(vii) the Kingdom of Thailand;
(viii) the Republic of Fiji;
(ix) the Republic of Indonesia;
(x) the Republic of the Philippines;
(xi) the Republic of Singapore;
(xii) the United Kingdom;
(xiii) the United States of America;
(xiv) Tonga; and
(xv) (Repealed by FRLI No F2019L01047)
(xvi) (Repealed by FRLI No F2019L01047)
(b) have been imported into Australia by:
(i) the defence force that is the owner of the goods; or
(ii) a member of that defence force to whom the goods have been issued.
(Repealed by FRLI No F2019L01047)
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(c) are that:
(a) the goods are imported into Australia on an aircraft by an air security officer while carrying out his or her duties; and
(b) there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers; and
(c) immediately after the goods are imported, the air security officer surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and
(d) within 3 months after the goods were imported into Australia, they are exported from Australia.
3C(2)
In this regulation:
air security officer
means a person who is employed and trained by a foreign government to travel on an aircraft to provide security for the aircraft and its passengers and crew, but does not include a person who is employed to provide exclusive personal protection for 1 or more specific people travelling on the aircraft (for example, personal bodyguards).
authorised officer
means an officer authorised in writing by the Comptroller-General of Customs to be an authorised officer for this regulation.
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(a) are that:
(a) the goods are imported into Australia only for the purposes of transhipment to another country; and
(b) if the exportation of the goods would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission is produced to a Collector; and
(c) the goods remain under the effective control of a Collector while in Australia.
This regulation provides for criteria in relation to an article mentioned in subregulation 4F(2B), if one or more of the following items in Part 2 of Schedule 6 apply to the article:
(a) item 1;
(b) item 2;
(c) item 2B;
(d) item 9;
(e) item 9B;
(f) item 10;
(g) item 14A;
(h) item 17;
(i) item 20;
(j) item 23.
3E(2)
The criteria for the article are that:
(a) the importer is an individual resident in Australia; and
(b) the importer departed Australia with the article, and is returning from an overseas voyage with the article; and
(c) at or before importation, the importer produces:
(i) if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission; or
(ii) in any other case - evidence that the person lawfully possessed the article before departing Australia; and
(d) the importer used, or had intended to use, the article while overseas to take part in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and
(e) the importer holds a licence or authorisation to possess the article, in accordance with the law of the State or Territory where he or she lives; and
(f) the article has not been modified, except for the purposes of repair, since it was exported.
This regulation provides for criteria for the following goods, if the goods are specified in Part 2 of Schedule 13:
(a) Article 3(1) US Defence Articles within the meaning of the Defence Trade Controls Act 2012;
(b) Article 3(3) US Defence Articles within the meaning of the Defence Trade Controls Act 2012.
3F(2)
The criteria are that the goods are to be imported to Australia by an Australian Community member (within the meaning of the Defence Trade Controls Act 2012) for one or more of the activities mentioned in paragraphs (a) to (d) of Article 3(1) of the Defense Trade Cooperation Treaty (within the meaning of that Act).
Note:
This regulation applies to goods covered by the Defense Trade Cooperation Treaty. If the criteria are satisfied, Ministerial permission is not required for the importation of these goods. See regulation 4H.
The importation into Australia of the goods specified in Schedule 2 to these Regulations is prohibited unless the permission in writing of the Minister or an authorised person to import the goods has been granted.
4(1AAA)
(Repealed by SLI No 233 of 2011)
4(1AAB)
(Repealed by SLI No 233 of 2011)
4(1AAC)
(Repealed by SLI No 233 of 2011)
4(1AA)
Where, in relation to an application for a permission under subregulation (1), an authorised person has formed an opinion that the permission should not be granted, the authorised person is to refer the application to the Minister.
4(1AB)
Where an application has been referred to the Minister in accordance with subregulation (1AA), the Minister may grant, or refuse to grant, the permission.
4(1AC)
In subregulations (1) and (1AA), "authorised person" means a person authorised in writing by the Minister for the purposes of this subregulation.
4(1A)
A permission granted for the purposes of subregulation (1) or (1AB) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
4(2)
The importation into Australia of the goods specified in the second column of Schedule 3 is prohibited unless the conditions, restrictions or requirements specified in the third column of that Schedule opposite to the description of the goods are complied with.
4(3)
(Repealed by FRLI No F2016L00704)
REGULATION 4A IMPORTATION OF OBJECTIONABLE GOODS 4A(1)
In this regulation, unless the contrary intention appears:
authorised person
means a person appointed to be an authorised person under subregulation (2A).
computer game
means a computer program and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game;
computer generated image
means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data;
film
includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced, but does not include a computer game;
interactive game
means a game in which theway the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player;
publication
means any book, paper, magazine, film, computer game or other written or pictorial matter.
responsible Minister
means the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995.
terrorist act
has the same meaning as in section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Note
The definition of terrorist act in that section covers actions or threats of actions.
4A(1A)
This regulation applies to publications and any other goods, that:
(a) describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported; or
(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
(c) (Repealed by SLI No 209 of 2012)
(d) promote, incite or instruct in matters of crime or violence; or
(e) promote or incite the misuse of a drug specified in Schedule 4; or
(f) advocate the doing of a terrorist act.
4A(1AA)
Without limiting subregulation (1A), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.
4A(1B)
For paragraph (1A)(f), publications and any other goods advocate the doing of a terrorist act if they:
(a) directly or indirectly counsel or urge the doing of a terrorist act; or
(b) directly or indirectly provide instructions on the doing of a terrorist act; or
(c) directly praise the doing of a terrorist act in circumstances where there is a risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
4A(1B)
(Omitted by SR No 160 of 1985.)
4A(1C)
For paragraph (1A)(f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
4A(2)
The importation of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the responsible Minister or an authorised person.
4A(2AA)
In considering whether to grant a permission under subregulation (2), the responsible Minister or the authorised person is to have regard to:
(a) the purposes for which the goods are to be imported; and
(b) the extent to which the person to whom any permission to import the goods would be granted conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and
(c) the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and
(d) the ability of that person to meet conditions that may be imposed under subregulation (3) in relation to the goods; and
(e) any other relevant matters.
4A(2A)
The responsible Minister may, by instrument in writing, appoint a person to be an authorised person for the purposes of subregulation (2).
4A(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, reproduction, disposal, destruction or exportation of the goods, or with respect to accounting for the goods, as the responsible Minister or an authorised person thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
4A(4)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the responsible Minister under subregulation (2):
(a) refusing to grant a permission; or
(b) granting a permission subject to conditions by the person to whom the permission was granted subject to conditions.
4A(5)
The responsible Minister may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the responsible Minister and should not be reviewable by the Administrative Appeals Tribunal.
4A(6)
The responsible Minister is to give a copy of a certificate to the person to whom permission was refused or given subject to conditions under subregulation (4).
4A(7)
A certificate must include a statement of the grounds on which the certificate is issued.
4A(8)
While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (4) does not apply to that permission or refusal.
4A(9)
The responsible Minister is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
4A(10)
Subject to subregulation (6), if the responsible Minister:
(a) refuses to grant a permission to a person; or
(b) grants a permission to a person subject to conditions;
he or she is to inform the person of the decision by notice in writing within 30 days after making the decision.
4A(11)
A notice under subregulation (10) must include:
(a) a statement to the effect that application may be made to the Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision to which the notice relates; and
(b) except where subsection 28(4) of that Act applies - a statement to the effect that a person who is entitled to apply to the Tribunal for review of the decision may, under section 28 of that Act, request a statement that includes the reasons for the decision.
4A(12)
A contravention of subregulation (11) in relation to a decision does not affect the validity of the decision.
REGULATION 4AA IMPORTATION OF PLASTIC EXPLOSIVES 4AA(1)
The importation of plastic explosives into Australia is prohibited unless:
(a) a permission to import the plastic explosives has been granted in writing by the Minister or an authorised person; and
(b) the permission is produced to the Collector.
4AA(2)
If, on an application for a permission under subregulation (1), an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission.
4AA(3)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder must comply with a condition or requirement, whether before or after the importation of the plastic explosives to which the permission relates.
4AA(4)
If the holder of a permission engages in conduct that contravenes a condition or requirement of the permission:
(a) the Minister; or
(b) the authorised person;
may, by writing, revoke the permission.
4AA(5)
The Minister or the authorised person may revoke a permission under subregulation (4) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act of engaging in conduct that contravenes the condition or requirement.
4AA(6)
This regulation does not apply to plastic explosives included in a class of goods described in Schedule 13.
4AA(7)
In this regulation:
authorised person
means an SES employee, or an acting SES employee, in the Department who is authorised in writing by the Minister to be an authorised person for the purposes of this regulation.
plastic explosive
has the same meaning as in Subdivision B of Division 72 of the Criminal Code.
This regulation applies to the following goods:
(a) substances obtained by chlorinating biphenyls;
(b) goods containing substances obtained by chlorinating biphenyls;
(c) substances obtained by chlorinating terphenyls or other polyphenyls; and
(d) goods containing substances obtained by chlorinating terphenyls or other polyphenyls.
4AB(2)
The importation into Australia of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the Minister.
4AB(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, or with respect to accounting for the goods, as the Minister thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
REGULATION 4B IMPORTATION OF FISH 4B(1)
In this regulation "fish" includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
4B(2)
This regulation applies to fish, other than fish that are, by virtue of section 131A of the Act, not subject to customs control, that:
(a) have been taken in waters beyond the outer limits of the "Australian fishing zone" within the meaning of the Fisheries Management Act 1991; and
(b) have not been landed at a port or place in a country outside Australia;
whether the fish are fresh, smoked, preserved in airtight containers or frozen.
4B(2A)
Despite subregulation (2), this regulation does not apply to fish to which regulation 4BA applies.
4B(3)
The importation of fish, or of parts of fish, to which this regulation applies is prohibited unless the importer produces to the Collector the permission, in writing, of the Minister administering the Fisheries Management Act 1991.
REGULATION 4BA IMPORTATION OF GOODS SPECIFIED IN SCHEDULE 3A (TOOTHFISH) 4BA(1)
This regulation applies to fish of a species specified in Schedule 3A (except fish that are, by virtue of section 131A of the Act, not subject to customs control), whether fresh, frozen, smoked, preserved in airtight containers or in any other form.
4BA(2)
The importation into Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:
(a) a permission in writing to import the fish has been granted by the Minister or an authorised officer; and
(b) the permission is produced to the Collector.
4BA(3)
If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:
(a) the authorised officer must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission.
4BA(4)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.
4BA(5)
If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.
4BA(6)
The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
4BA(7)
In this regulation:
authorised officer
means an officer within the meaning of subsection 4(1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.
Minister
means the Minister administering the Fisheries Management Act 1991.
The importation into Australia of asbestos, or goods containing asbestos, is prohibited unless:
(a) the importation is of raw materials that contain naturally occurring traces of asbestos; or
(b) for the importation:
(i) a permission is in force under subregulation (2); and
(ii) a copy of the permission is produced to a Collector if the Collector requests; or
(ba) for the importation:
(i) a confirmation from an authority of a State or Territory is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with the law of the State or Territory relating to work health and safety; and
(ii) a copy of the confirmation is produced to a Collector if the Collector requests; or
(c) the importation is of hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or
(d) all of the following apply:
(i) the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;
(ii) the asbestos in the ship or resources installation was fixed or installed before 1 January 2005;
(iii) the asbestos in the ship or resources installation will not be a risk to any person unless the asbestos is disturbed.
Note: Ship and Resources installation are defined in section 4 of the Act.
4C(2)
For the purposes of paragraph (1)(b), the Work Health and Safety Minister, or a person authorised by that Minister, may in writing grant permission for the importation of asbestos or goods containing asbestos.
4C(3)
However, that Minister or authorised person may grant the permission only if that Minister or person is satisfied that the asbestos is, or the goods are, to be imported only for one or more of the following purposes:
(a) in any case - research, analysis or display;
(b) if the importation is from an external Territory - disposal in a State or Territory.
4C(4)
A permission under subregulation (2) may be granted subject to conditions or requirements to be complied with by a person either before or after the importation.
4C(5)-(7)
(Repealed by FRLI No F2019L00365)
The importation into Australia of unmanufactured tobacco or tobacco refuse mentioned in heading 2401 of Schedule 3 to the Customs Tariff Act 1995 is prohibited unless:
(a) the person importing the tobacco or refuse is the holder of:
(i) a dealer licence granted under Part IV of the Excise Act 1901; or
(ii) a manufacturer licence, to manufacture excisable tobacco or tobacco products, granted under Part IV of the Excise Act 1901; and
(b) a permission in writing to import the tobacco or refuse has been given by the Commissioner of Taxation; and
(c) the permission is produced to a Collector.
4D(2)
An application for a permission must be:
(a) in writing; and
(b) lodged with the Commissioner.
4D(3)
An applicant for a permission must give the Commissioner in writing any information the Commissioner reasonably requires for the application.
4D(4)
In deciding whether to grant a permission, the Commissioner:
(a) must consider the applicant's compliance with the Excise Act 1901; and
(b) may consider any other relevant matters.
4D(5)
A permission may specify:
(a) conditions to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition, whether before or after the importation of the tobacco or refuse to which the permission relates.
4D(6)
If the holder of a permission does not comply with a condition of the permission, the Commissioner may, by writing, revoke the permission.
4D(7)
Subregulations (8) and (9) apply if the Commissioner decides:
(a) not to grant a permission; or
(b) to specify a condition for a permission; or
(c) to revoke a permission.
4D(8)
The Commissioner must give the applicant written notice of the decision as soon as practicable after making the decision.
4D(9)
A person who is dissatisfied with the decision may object against it in the manner set out in Part IVC of the Taxation Administration Act 1953.
Note
Part IVC of the Taxation Administration Act 1953 applies if a provision of regulations provides that a person who is dissatisfied with a decision may object against it in the manner set out in the Part: see section 14ZL of that Act.
4D(10)
A current consent given by the Treasurer under item 2 of Schedule 3 as in force immediately before the commencement of this provision is taken to be a permission granted by the Commissioner, subject to any conditions to which the consent was subject.
Importation of tobacco products without permission is prohibited
4DA(1)
The importation of tobacco products into Australia is prohibited under this regulation unless:
(a) a permission to import the tobacco products has been granted in writing by the Minister or an authorised person and the permission is produced to the Collector; or
(b) the Minister has approved the importation under subregulation (9).
Certain tobacco products exempt from prohibition under this regulation
4DA(2)
Subregulation (1) does not apply to the importation of the following:
(a) tobacco of a kind specified in regulation 4D;
(b) chewing tobacco and snuffs intended for oral use;
(c) cigars;
(d) tobacco products:
(i) that are prescribed by by-law for the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995; and
(ii) that are imported by passengers, or members of the crew, of ships or aircraft; and
(iii) on which duty is not payable.
Note 1:
Regulation 4D prohibits the importation of unmanufactured tobacco and certain tobacco refuse without permission from the Commissioner of Taxation.
Note 2:
Regulation 4U prohibits the importation of certain chewing tobacco and snuffs intended for oral use without permission from the Minister.
Application for permission
4DA(3)
An applicant for a permission under subregulation (1) must:
(a) lodge a written application with the Minister or an authorised person; and
(b) give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
4DA(4)
In considering whether to grant a permission, the Minister or authorised person may consider any relevant matter.
4DA(5)
The Minister or authorised person must not grant a permission unless the applicant gives all the information required by the Minister or authorised person under paragraph (3)(b).
4DA(6)
The Minister or authorised person may grant a permission subject to conditions or requirements, specified in the permission, to be complied with by the holder of the permission.
Revocation of permission
4DA(7)
The Minister or authorised person may, in writing, revoke a permission if:
(a) the holder of the permission does not comply with a condition or requirement of the permission; or
(b) the Minister or authorised person is satisfied that revocation is necessary:
(i) for the protection of the revenue; or
(ii) for ensuring compliance with the Customs Acts.
Notice of decision to refuse or revoke permission
4DA(8)
If the Minister or authorised person decides:
(a) not to grant a permission; or
(b) to revoke a permission;
the Minister or authorised person must give the applicant or holder of the permission written notice of the decision as soon as practicable after making the decision.
Minister may approve importation of specified tobacco products etc.
4DA(9)
The Minister may, by legislative instrument, approve the importation into Australia of a tobacco product that meets one or more of the following:
(a) the tobacco product is specified in, or included in a class of tobacco products specified in, the approval;
(b) the tobacco product is imported by a person, or class of persons, specified in, the approval;
(c) the tobacco product does not exceed a value or amount specified in the approval;
(d) the tobacco product is imported in a way, or by a means, specified in the approval.
4DA(10)
In this regulation:
authorised person
means an APS employee in the Department who is authorised in writing by the Minister to be an authorised person for the purposes of this regulation.
(Omitted by SR No 91 of 1996.) REGULATION 4E IMPORTATION OF GLAZED CERAMIC WARE 4E(1) [Prohibition]
The importation into Australia of an article of glazed ceramic ware of a kind normally used for or in connection with the storage or consumption of food is prohibited if the article is an article of a kind specified in an item in Schedule 7 to these Regulations and, when tested with the prescribed solution in accordance with the method specified in that item (in column 3), releases to the solution lead or cadmium in an amount per volume of solution in excess of the amounts of lead and cadmium per volume of solution respectively specified in that item (in columns 4 and 5).
For the purposes of subregulation (1), the prescribed solution is a solution consisting of four per centum by volume of glacial acetic acid in water, being water that conforms with British Standard 3978 published on 18 February 1966.
REGULATION 4F IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS 4F(1)Subject to subregulations (2), (2A) and (2B) the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is prohibited unless:
(a) the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or an imitation is an article to which an item in Part 2 of Schedule 6 applies; and
(b) the importation is in accordance with the requirements set out in column 3 of the item.
4F(1A)
Without limiting paragraph (1)(b), if column 3 of an item in Part 2 of Schedule 6 sets out a requirement for the importation of an article to comply with a specified test, or at least one of a list of specified tests, that requirement may be met by compliance with one of the following tests (whether or not any test specified in column 3 of that item is also complied with):
(a) the public interest test set out in item 8A of Part 1 of that Schedule;
(b) the national interest test set out in item 8B of Part 1 of that Schedule.
4F(2)
Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria set out in regulation 3A.
4F(2A)
(Repealed by FRLI No F2019L01047)
4F(2B)
Also, subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria mentioned in regulation 3C, 3D or 3E.
4F(3)
The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is subject to the conditions (if any), set out in Part 3 (other than item 1) of Schedule 6, that relate to the importation.
4F(3A)
The Attorney-General must, before 31 December 2016, complete a review of items 2B, 4, 7, 9B, 10, 13, 15, 16, 16A and 17 of Part 2 of Schedule 6.
4F(4)
In this regulation:
adjustable stock
means a stock that may be adjusted by more than 120 mm.
component of ammunition
means a projectile, cartridge casing or primer designed or adapted for use in ammunition.
deactivated firearm
means an article that:
(a) was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(b) has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(d) still has the appearance of a firearm, and could reasonably be taken to be a firearm.
Note
A firearm can be deactivated to the extent that it is incapable of being returned to its original firing condition, while keeping the appearance of a firearm.
For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:
detachable stock
means a stock that:
(a) is easily removable from a firearm without the use of a tool; and
(b) does not make the firearm dangerous to operate or unreasonable to fire when removed.
electro-shock cartridge
means ammunition, discharged from a firearm, that is designed or adapted to deliver an electric shock or charge on impact.
(a) means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and
(b) includes the following devices:
(i) a deactivated firearm;
(ii) a blank-fire firearm;
(iii) any flare gun or signalling device, except a flare gun or signalling device mentioned in subparagraph (c)(iii); and
(c) does not include the following devices:
(i) a nailing or stapling gun;
(ii) an explosive-powered fixing tool;
(iii) a flare gun or other signalling device, designed for emergency or life-saving purposes;
(iv) a line-thrower;
(v) a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;
(vi) a tranquilliser gun;
(vii) a gun that operates a captive bolt for the slaughter of animals;
(viii) a device for the casting of weighted nets;
(ix) large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 1 of Part 2 of Schedule 13 applies;
(x) a sidewall core gun designed for geological purposes, mining purposes, or both;
(xi) an expandable casing perforation gun designed for geological purposes, mining purposes, or both.
firearm accessory
means any of the following devices, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:
(a) a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the firearm;
(b) a device designed to modify, or capable of converting, a firearm to give it any of the following capabilities:
(i) burst fire;
(ii) semi-automatic operation;
(iii) fully automatic operation;
(c) a device designed to give, or capable of giving, a firearm the capability of being operated in a way that mimics:
(i) burst fire; or
(ii) fully automatic operation;Example:
A bump stock or auto glove.
(d)-(e) (Repealed by SLI No 241 of 2015)
(f) a firearm part to which a firearm accessory is attached or is integral.
firearm magazine
means a magazine designed or intended for use with a firearm, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished.
firearm part
, for a firearm, means any of the following items, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:
(a) a gas piston, friction ring, action bar, breech bolt or breech block;
(b) a firearm barrel;
(c) a trigger mechanism;
(d) a frame or receiver;
(e) a slide;
(f) an upper receiver;
(g) a lower receiver;
(h) a revolving cylinder;
(i) a bolt carrier;
(j) an adjustable, detachable or folding stock;
(k) something, other than a complete firearm, that includes one or more of the items mentioned in paragraphs (a) to (j).
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:
folding stock
means a stock that is designed to be, or capable of being, folded in any way to reduce the length of a firearm.
handgun
means a firearm that must be:
(a) reasonably capable of being raised and fired with one hand; and
(b) reasonably capable of being carried or concealed on the body of a person; and
(c) not more than 650 mm long.
imitation
means an article, of any material or colour:
(a) that:
(i) is a copy or reproduction of a firearm; or
(ii) has the appearance of a firearm; and
(b) that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
(c) that could reasonably be taken to be a firearm; and
(d) that is not a blank-fire firearm.
The importation into Australia of a tablet press or encapsulator is prohibited unless the Minister or an authorised person has granted permission in writing to import the tablet press or encapsulator.
4G(2)
An applicant for permission to import a tablet press or encapsulator must:
(a) make the application on the form approved by the Secretary to the Department; and
(b) lodge the application with the Minister or an authorised person; and
(c) give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
4G(3)
In considering whether to grant permission, the Minister or authorised person may consider any relevant matter.
4G(4)
A permission may specify:
(a) conditions or requirements for the permission; and
(b) a time (before or after the importation of the tablet press or encapsulator) at which the holder must comply with a condition or requirement.
4G(5)
If the holder of a permission engages in conduct that contravenes a condition or requirement, the Minister or authorised person may revoke the permission in writing.
4G(6)
The Minister or authorised person may revoke a permission whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act of engaging in conduct that contravenes the condition or requirement.
4G(7)
In this regulation:
authorised person
means an SES employee or an acting SES employee of the Department who is authorised in writing by the Minister for this regulation.
(a) equipment that can be used to produce a coherent solid capsule by completely enveloping any of the following:
(i) a powdered or granular solid;
(ii) semi-solid material;
(iii) a liquid;
(iv) a gas; or
(b) equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
(a) equipment that can be used to compact or mould either or both of the following into a coherent solid tablet:
(i) a powdered or granular solid;
(ii) semi-solid material; or
(b) equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
Subject to subregulation (2), the importation into Australia of a weapon or weapon part of the kind mentioned in an item in Part 2 of Schedule 13 is prohibited unless the importation is in accordance with the requirements set out in the item.
4H(2)
Subregulation (1) does not apply to the following goods:
(a) goods that:
(i) are specified in Part 2 of Schedule 13; and
(ii) meet the criteria set out in regulation 3A or 3D;
(b) (Repealed by FRLI No F2019L01047)
(c) goods that:
(i) are specified in item 2, 3, 5, 6, 12, 14, 20, 23, 24, 26, 27, 29, 33, 41, 42 or 45 of Part 2 of Schedule 13; and
(ii) meet the criteria set out in subregulation 3C(1);
(d) goods that:
(i) are covered by subregulation 3F(1); and
(ii) meet the criteria set out in regulation 3F.
4H(3)
A permission granted under item 1, 2, 3, 4, 5, 7, 8, 9 or 10 of Part 1 of Schedule 13 may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the good to which the permission relates.
4H(4)
The importation of a weapon or weapon part is also subject to the conditions (if any), set out in Part 3 of Schedule 13, that relate to the importation.
In this regulation:
authorised person
means an SES employee or an acting SES employee of the Department authorised in writing by the Minister for this regulation.
component of an icepipe
means a device that:
(a) appears, on reasonable grounds, to be part of an ice pipe; and
(b) is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.
ice pipe
means a device that is capable of being used for administering methylamphetamine, or any other drug mentioned in Schedule 4, by the drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form.
4I(2)
The importation into Australia of an ice pipe or a component of an ice pipe is prohibited unless:
(a) the person importing the ice pipe or the component of an ice pipe is the holder of a written permission granted by the Minister or an authorised person; and
(b) the permission is produced to the Collector at or before the time of importation.
4I(3)
An application for the grant of a permission under subregulation (2) must be:
(a) in writing; and
(b) lodged with the Minister or an authorised person.
4I(4)
The Minister, or an authorised person, may ask an applicant for the grant of a permission to give to the Minister or authorised person any information that the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
4I(5)
A permission granted under subregulation (2) may specify:
(a) conditions or requirements that the holder of the permission must comply with; and
(b) a time at which the holder of the permission must comply with a condition or requirement, whether before or after the importation of the ice pipe to which the permission relates.
4I(6)
If the Minister or an authorised person is satisfied, on reasonable grounds, that the holder of a permission granted under subregulation (2) has not complied with any condition or requirement mentioned in the permission, the Minister or the authorised person may, by writing, revoke the permission.
(Repealed by SR No 59 of 1977.) REGULATION 4K IMPORTATION OF WOOLPACKS 4K(1)
Subject to this regulation, the importation into Australia of woolpacks is prohibited unless permission in writing to import the woolpacks for a specified purpose has been granted by the responsible Minister or an authorised person.
4K(1A)
A permission under this regulation is subject to the condition that the person to whom the permission is granted produces the permission if requested to do so by a Collector.
4K(2)
A permission under this regulation may be subject to other conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the woolpacks for the purpose of ensuring that the woolpacks are not used otherwise than for the purpose in relation to which the permission is granted.
4K(3)
Subregulation (1) does not apply in relation to unused woolpacks if a prescribed testing authority has issued a certificate stating that the woolpacks conform to Australian Wool Exchange Standard No. 3, published on 1 July 2013.
4K(3A)
Subregulation (3) applies subject to the condition that the certificate is produced to a Collector on request.
4K(4)
(Repealed by SLI No 112 of 2014)
4K(5)
(Repealed by SLI No 112 of 2014)
4K(6)
(Repealed by SLI No 112 of 2014)
4K(7)
(Repealed by SLI No 112 of 2014)
4K(8)
In this regulation:
authorised person
means an officer or employee of the Department administered by the responsible Minister who is authorised in writing by the responsible Minister to grant a permission to import woolpacks;
prescribed testing authority
means an Australian or overseas testing authority approved by the responsible Minister on the recommendation of the Australian Wool Exchange for the purposes of this regulation.
responsible Minister
means the Minister administering the Primary Industries Levies and Charges Collection Act 1991.
REGULATION 4L 4L (REPEALED)
(Repealed by SR No 375 of 1988) REGULATION 4M 4M (OMITTED)
(Omitted by SR No 53 of 2003.) REGULATION 4MA IMPORTATION OF ROUGH DIAMONDS 4MA(1)
In this regulation:
country
includes an international organisation of states or a dependent territory of a country.
Interlaken Declaration
means the Interlaken Declaration of 5 November 2002 on the Kimberley Process Certification Scheme for Rough Diamonds.
Kimberley Process
means the international certification arrangement for rough diamonds adopted under the Interlaken Declaration.
Kimberley Process Certificate
means a certificate that meets the minimum requirements for certificates specified in Part A of Annex 1 of the document known as the Kimberley Process Certification Scheme which accompanied the Interlaken Declaration.
original certificate
means the original Kimberley Process Certificate mentioned in paragraph (2)(b).
Participant
means a country that is a Participant in the Kimberley Process.
rough diamonds
means diamonds that:
(a) are unworked or simply sawn, cleaved or bruted; and
(b) are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.
4MA(2)
The importation of rough diamonds from a country is prohibited unless:
(a) the country is a Participant; and
(b) the country has issued a Kimberley Process Certificate for the rough diamonds; and
(c) the original certificate is produced to a Collector at or before the time of importation; and
(d) the rough diamonds are imported in a tamper resistant container.
4MA(3)
The importer must:
(a) retain the original certificate for a period of 5 years after the time of importation; and
(b) produce the original certificate to an employee of the Department administered by the Minister administering the Offshore Minerals Act 1994 if requested to do so within that period.
(Repealed by SLI No 14 of 2015)
(Omitted by SLI No 245 of 2007)
(Omitted by SLI No 245 of 2007)
(Omitted by SR No 97 of 2003.) REGULATION 4QB-4QC 4QB-4QC (OMITTED)
(Omitted by SR No 31 of 1996.) REGULATION 4QD 4QD (OMITTED)
(Omitted by SR No 378 of 1994.) REGULATION 4R IMPORTATION OF RADIOACTIVE SUBSTANCES 4R(1)
In this regulation, unless the contrary intention appears:
(a) the CEO of ARPANSA, within the meaning of section 14 of the Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; or
(b) an APS employee assisting the CEO in accordance with section 58 of that Act appointed in writing by the Minister as an authorised officer for this regulation.
Minister
means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998.
radioactive substance
means any radioactive material or substance including radium, any radioactive isotope or any article containing any radioactive material or substance.
4R(2)
The importation into Australia of a radioactive substance is prohibited unless:
(a) a permission in writing to import the substance has been granted by the Minister or an authorised officer; and
(b) the permission is produced to a Collector.
4R(3)
Where, in relation to an application for a permission under subregulation (2), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
4R(4)
If an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
4R(5)
A permission granted under subregulation (2) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
4R(6)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister may, by writing, revoke the permission.
4R(7)
The Minister may revoke a permission under subregulation (6) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
REGULATION 4S IMPORTATION OF LIGHTERS 4S(1)
Subject to subregulation (2), the importation into Australia of a lighter is prohibited unless:
(a) the person importing the lighter has:
(i) completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and
(ii) produced that statutory declaration to the Collector; or
(b) the Minister has granted a permission in writing for the lighter to be imported.
4S(2)
Subregulation (1) does not apply to a passenger, 18 years or older, importing no more than 5 lighters on a ship or aircraft.
4S(3)
A permission granted under paragraph (1)(b) may specify:
(a) the conditions or requirements to be complied with by the holder of the permission; and
(b) the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
4S(4)
If the holder of a permission granted under paragraph (1)(b) is required to comply with a condition or requirement and the holder of the permission fails to comply with the condition or requirement, the Minister may, by writing, revoke the permission.
4S(5)
In this regulation:
American Standard
means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210):
(a) set out in Part 1210, Title 16 of the Code of Federal Regulations; and
(b) published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993;
disposable lighter
means a flame producing device that is designed:
(a) to light cigarettes, cigars or pipes; and
(b) to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty;
lighter
means a disposable lighter, novelty lighter or refillable lighter;
Minister
means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
novelty lighter
means a flame producing device that is designed:
(a) to light cigarettes, cigars or pipes; and
(b) either:
(i) to have an entertaining audio or visual effect (other than producing a flame) (for example, playing musical notes or displaying flashing lights); or
(ii) to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended to be used by, a young child (for example a cartoon character, drink, food, gun, musical instrument, toy, toy animal, vehicle or watch);
refillable lighter
means a flame producing device that:
(a) is designed to light cigarettes, cigars or pipes; and
(b) is designed to be refilled with fuel; and
(c) has a customs value, determined under section 159 of the Customs Act 1901, of $5 or less.
REGULATION 4T IMPORTATION OF COUNTERFEIT CREDIT, DEBIT AND CHARGE CARDS 4T(1) [Importation without permission prohibited]
The importation into Australia of a counterfeit credit, debit or charge card is prohibited unless:
(a) a permission in writing to import the card has been given by the Minister; and
(b) the permission is produced to a Collector.
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the card to which the permission relates.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister may, by writing, revoke the permission.
In this regulation:
"Minister"
means the Minister administering the Australian Federal Police Act 1979.
The importation into Australia of goods mentioned in Schedule 12 is prohibited unless:
(a) a permission in writing to import the goods has been given by the Minister; and
(b) the permission is produced to a Collector.
4U(2)
A permission may specify:
(a) conditions to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition, whether before or after the importation of the goods to which the permission relates.
4U(3)
If the holder of a permission does not comply with a condition of the permission, the Minister may, by writing, revoke the permission.
4U(4)
In this regulation:
Minister
means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
In this regulation:
authorised officer
means an officer of the Department administered by the Minister authorised in writing by the Minister for the purposes of this regulation.
Minister
means the Minister administering the Anzac Day Act 1995.
In this regulation, a reference to the word `Anzac' includes a reference to a word so nearly resembling the word `Anzac' as to be likely to deceive.
4V(3) [Prohibited import]The importation into Australia of goods the description of which includes the word `Anzac' or goods bearing the word `Anzac', or advertising matter relating to those goods, is prohibited unless:
(a) the person importing the goods is the holder of a written permission granted by the Minister or an authorised officer; and
(b) the permission or a copy of the permission is produced to the Collector at or before the time of importation. 4V(4) [Permission]
An application for a permission under subregulation (3) must be in writing.
4V(5) [Permission conditions]A permission under subregulation (3) may specify conditions or requirements to be complied with by the holder of the permission and may, for any such condition or requirement, specify the time, (being a time either before or after the importation of the goods to which the permission relates), at or before which the condition or requirement must be complied with by the holder of the permission.
4V(6) [Revocation]If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister or an authorised officer may, by writing, revoke the permission.
4V(7) [Offence notwithstanding]The Minister or authorised officer may revoke a permission under subregulation (6) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
In this regulation:
authorised officer
means an officer of the Department administered by the Minister authorised in writing by the Minister for the purposes of this regulation.
incandescent lamp
means an incandescent lamp for general lighting services that has the following attributes as specified in the Australian/New Zealand Standard AS/NZS 4934.2(Int):2008 ('Incandescent lamps for general lighting services Part 2: Minimum Energy Performance Standards (MEPS) requirements'):
(a) a shape described as any of:
(i) A50 to A65; or
(ii) PS50 to PS65; or
(iii) M50 to M65; or
(iv) T50 to T65; or
(vi) E50 to E65;
(b) a cap described as E14, E26, E27, B15 or B22d;
(c) a nominal voltage of ≥220 V;
(d) a nominal wattage of <150 W;
but not including primary coloured lamps.
Minister
means the Minister administering the Greenhouse and Energy Minimum Standards Act 2012.
4VA(2)
The importation into Australia of an incandescent lamp is prohibited unless:
(a) the person importing the incandescent lamp is the holder of a written permission granted by the Minister or an authorised officer; and
(b) the permission or a copy of the permission is produced to the Collector at or before the time of importation.
4VA(3)
An application for a permission under subregulation (2) must be in writing.
4VA(4)
A permission under subregulation (2) may specify conditions or requirements to be complied with by the holder of the permission and may, for any such condition or requirement, specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.
4VA(5)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister or an authorised officer may, by writing, revoke the permission.
4VA(6)
The Minister or authorised officer may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50 (4) of the Act for not complying with the condition or requirement.
REGULATION 4W IMPORTATION OF CAT OR DOG FUR 4W(1) [Definitions]
In this regulation:
authorised person
means a person authorised in writing by the Minister for this regulation.
cat fur
means the pelt or hair of an animal of the species Felis catus.
cat or dog fur product
means a product or other thing that consists, wholly or partly, of cat fur or dog fur.
dog fur
means the pelt or hair of an animal of the species Canis familiaris.
The importation into Australia of cat fur, dog fur or a cat or dog fur product is prohibited unless:
(a) permission to import the goods has been granted under subregulation (3) and is in force; and
(b) the permission is produced to the Collector. 4W(3) [Permission]
The Minister, or an authorised person, may, on application, grant a permission, in writing, for the importation of cat fur, dog fur or a cat or dog fur product.
4W(4) [Conditions](a) must be in writing; and
(b) must be lodged with the Minister or an authorised person. 4W(5) [Information]
The Minister, or an authorised person, may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
4W(6) [Relevant matters]In deciding whether to grant a permission, the Minister, or an authorised person, may take into account any matter that the Minister or authorised person considers relevant.
4W(7) [Notice of decision]As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.
4W(8) [Conditions]A permission granted under subregulation (3):
(a) may specify conditions or requirements to be complied with by the holder of the permission; and
(b) for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission. 4W(9) [Revocation of permission]
The Minister, or an authorised person, may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.
4W(10) [Notice of revocation]If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.
4W(11) [Review procedures]Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission subject to a condition or requirement; or
(c) to revoke a permission. 4W(12) [Notice of decision must include review information]
Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act. 4W(13) [Validity of decision]
A failure to comply with subregulation (12) does not affect the validity of the decision.
The importation into Australia of security sensitive ammonium nitrate ( SSAN ) is prohibited unless:
(a) both of the following requirements are met:
(i) permission (whether in the form of a licence or otherwise) for the importation of the SSAN has been granted in writing by an authority of the State or Territory where the SSAN is to be located immediately after importation; and
(ii) the permission is produced to a Collector; or
(b) permission to import the SSAN is not required under the law of the State or Territory where the SSAN is to be located immediately after importation.
In this regulation:
import sanctioned goods
means goods that:
(a) are mentioned in an item of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011; or
(b) have been designated as import sanctioned goods under subregulation 4A(3) of those Regulations.
Note:
The items of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011 identify countries and goods that are import sanctioned goods for those countries. A designation under subregulation 4A(3) of those Regulations identifies countries and goods that are import sanctioned goods for those countries.
4XA(2)
The importation of import sanctioned goods is prohibited if:
(a) the goods originate in, or are exported from, the country for which they are import sanctioned goods; and
(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of the Autonomous Sanctions Regulations 2011.
4XA(3)
The importation of goods is prohibited if:
(a) the goods are goods to which subregulation 4A(4) of the Autonomous Sanctions Regulations 2011 applies; and
(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of those Regulations.
In this regulation:
arms or related matériel
includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
authorised person
means an officer of the Department of Foreign Affairs and Trade authorised in writing by the Foreign Minister for this regulation.
Foreign Minister
means the Minister for Foreign Affairs.
paramilitary equipment
means any of the following:
(a) batons, clubs, riot sticks, and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
seafood
includes fish, crustaceans, molluscs and other aquatic invertebrates.
4Y(2)
Subject to subregulation (2AA), the importation of all goods from the Democratic People's Republic of Korea is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
4Y(2AA)
Subregulation (2) does not apply to the following:
(a) food (except seafood);
(b) medicine;
(c) accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes:
(i) to be for the personal use of that person; and
(ii) if that person is not a resident of the Democratic People's Republic of Korea - were not purchased in the Democratic People's Republic of Korea.
4Y(2AB)
For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account.
4Y(2A)
An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form.
4Y(3)
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law.
4Y(4)
A permission granted under subregulation (2) may specify, for the importation of the goods that it permits:
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported.
4Y(5)
The Foreign Minister may revoke or modify a permission granted under subregulation (2) if there are reasonable grounds for believing that:
(a) a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
REGULATION 4Z IMPORTATION OF CERTAIN GOODS FROM IRAN 4Z(1) [Definitions]
In this regulation:
arms or related matériel
includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
authorised person
means an employee of the Department administered by the Foreign Minister, authorised in writing by the Foreign Minister to give permissions under this regulation.
Foreign Minister
means the Minister for Foreign Affairs.
paramilitary equipment
means any of the following:
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
The importation, from Iran, of the following items, materials, equipment, goods and technology is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation:
(a) items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/814;
(b) items, materials, equipment, goods and technology listed in United Nations Security Council document S/2006/815;
(c) arms or related matériel.
An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form.
A permission to import goods granted under subregulation (2) may specify for the importation:
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4Z(4) [Matters to be considered]
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4Z(5) [Minister may revoke or modify permission]
The Foreign Minister may revoke or modify a permission granted under subregulation (2) if there are reasonable grounds for believing that:
(a) a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
In this regulation:
arms or related matériel
includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
authorised person
means a person authorised under subregulation (7).
Foreign Minister
means the Minister for Foreign Affairs.
paramilitary equipment
means any of the following:
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e). 4ZA(2) [Prohibition]
The importation, from Eritrea, of arms or related matériel is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
4ZA(3) [Application for permission]An application for the permission of the Foreign Minister or an authorised person under subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form. 4ZA(4) [Matters specified in permission]
A permission to import goods granted under subregulation (2) may specify for the importation:
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4ZA(5) [Matters to be considered]
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4ZA(6) [Minister may revoke or modify permission]
The Foreign Minister may revoke or modify a permission granted under subregulation (2) if the Foreign Minister is satisfied on reasonable grounds that:
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the exportation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations. 4ZA(7) [Permission by authorised employee]
The Foreign Minister may authorise an SES employee or acting SES employee of the Department administered by the Foreign Minister to give permissions under this regulation.
In this regulation:
arms or related matériel
includes:
(a) weapons; and
(b) ammunition; and
(c) military vehicles and equipment; and
(d) spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
(e) paramilitary equipment.
authorised person
means a person authorised under subregulation (7).
Foreign Minister
means the Minister for Foreign Affairs.
paramilitary equipment
means any of the following:
(a) batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
(b) body armour, including:
(i) bullet-resistant apparel; and
(ii) bullet-resistant pads; and
(iii) protective helmets;
(c) handcuffs, leg-irons and other devices used for restraining prisoners;
(d) riot protection shields;
(e) whips;
(f) parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e). 4ZB(2) [Prohibition]
The importation, from the Libyan Arab Jamahiriya, of arms or related matériel is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
4ZB(3) [Application for permission]An application for the permission of the Foreign Minister or an authorised person under subregulation (2) must:
(a) be in the approved form; and
(b) contain the information required by the approved form; and
(c) be signed as indicated by the approved form. 4ZB(4) [Matters specified in permission]
A permission granted under subregulation (2) to import goods may specify for the importation:
(a) conditions or requirements, including times for compliance, to which the importation is subject; and
(b) the quantity of the goods that may be imported; and
(c) the circumstances in which the goods may be imported. 4ZB(5) [Matters to be considered]
When deciding whether to grant permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
(a) Australia's relations with other countries; and
(b) Australia's obligations under international law. 4ZB(6) [Minister may revoke or modify permission]
The Foreign Minister may revoke or modify a permission granted under subregulation (2) if the Foreign Minister is satisfied on reasonable grounds that:
(a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
(b) permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations. 4ZB(7) [Permission by authorised employee]
The Foreign Minister may authorise an SES employee or acting SES employee of the Department administered by the Foreign Minister to give permissions under this regulation.
Subject to subregulations (2) and (2A), the importation into Australia of a drug is prohibited unless:
(a) the person importing the drug is the holder of:
(i) a licence to import drugs granted by the Secretary or an authorised person under this regulation; and
(ii) a permission to import the drug granted by the Secretary or an authorised person under this regulation;
(b) the permission referred to in subparagraph (a)(ii), or a copy of the permission, is produced to the Collector;
(c) the drug is imported within the period specified in the permission referred to in subparagraph (a)(ii); and
(d) the quantity of the drug that is imported does not exceed:
(i) except where subparagraph (ii) applies - the quantity specified in the permission referred to in paragraph (a)(ii) in relation to the drug; or
(ii) where the Collector has given a certificate or certificates under subregulation (14) - the difference between the quantity specified in the permission in relation to the drug and the quantity specified in the certificate, or, if more than one certificate has been given, the total of the quantities specified in those certificates, in relation to the drug.
5(2)
Subregulation (1) does not apply to or in relation to:
(a) a drug in respect of the importation of which an approval is in force under subregulation (3); or
(b) a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug-
(i) is required for the medical treatment of the person or of another passenger under the care of the person;
(ii) was prescribed by a medical practitioner for the purposes of that treatment; and
(iii) was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii).
5(2A)
Subregulation (1) does not apply to a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug:
(a) is required for the medical treatment of an animal that is being imported and is under the care of the person; and
(b) was prescribed by a veterinarian for use in the animal for the purposes of that treatment; and
(c) was supplied to the person in accordance with the prescription of the veterinarian.
5(3)
The Minister may, on the recommendation of the Secretary, by legislative instrument, approve the importation into Australia of a drug that meets one or more of the following:
(a) the drug is specified in, or included in a class of drugs specified in, the approval;
(b) the drug is imported in a form (including a concentration) specified in the approval;
(c) the drug is imported by a person, or class of persons, specified in the approval;
(d) the drug does not exceed a value or amount specified in the approval;
(e) the drug is imported in a way, or by a means, specified in the approval.
5(4)
An application for a licence to import drugs or for a permission to import a drug shall be in writing and shall be lodged with the Secretary.
5(5)
Where a person makes, in accordance with subregulation (4), an application for a licence or permission referred to in that subregulation, the Secretary or an authorised person shall, subject to this regulation, grant to the person the licence or permission, as the case may be.
5(6)
An applicant for a licence or permission referred to in subregulation (4) shall, on being so requested by the Secretary or an authorised person, furnish in writing to the Secretary such information as the Secretary or an authorised person reasonably may require in relation to the application.
5(7)
The Secretary or an authorised person shall not grant to an applicant a licence to import drugs unless:
(a) the applicant has furnished all the information requested by the Secretary or an authorised person under subregulation (6);
(b) the applicant is a fit and proper person to be granted a licence to import drugs;
(c) the persons (if any) that the applicant:
(i) has appointed, or proposes to appoint, as agents; or
(ii) has employed or proposes to employ;
for the purposes of the business carried on by the applicant in relation to drugs, are fit and proper persons to be so appointed as agents or so employed; and
(d) the premises on which the applicant proposes to keep the drugs that will come within the applicant's possession during the currency of the licence are secure for that purpose.
5(8)
A licence to import drugs shall, unless previously revoked, remain in force for such period as is specified in the licence.
5(9)
A licence to import drugs is granted subject to compliance by the holder of the licence with the following conditions or requirements:
(a) the holder of the licence shall:
(i) keep in safe custody at all times any drug that is in the holder's possession; and
(ii) if the drug is moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;
(b) the holder of the licence shall take such reasonable precautions as the Secretary or an authorised officer, or the Comptroller-General of Customs, directs for the purpose of ensuring that there is no danger of loss or theft of any drug in the possession of the holder of the licence;
(c) the holder of the licence shall not dispose of any drug, being a drug other than methaqualone, referred to in paragraph (a) of the definition of "drug" in subregulation (20), unless satisfied that the drug will be used solely for medical or scientific purposes;
(ca) the holder of the licence shall not dispose of the drug methaqualone unless satisfied that the drug will be used solely for scientific purposes;
(d) the holder of the licence shall record in a book kept for that purpose:
(i) the name and quantity of each drug that is in the holder's possession and, where any such drug has been obtained from another person, the name and address of that other person;
(ii) where the holder of the licence supplies any quantity of a drug to another person - the quantity of the drug so supplied and the name and address of the other person; and
(iii) where the holder of the licence uses a drug in the manufacture of another drug or an exempted preparation - the quantity of the drug used, lost, destroyed, evaporated or wasted in that manufacture and the quantity and nature of the other drug or exempted preparation manufactured;
(e) the holder of the licence shall, when required by the Secretary or an authorised officer, or the Comptroller-General of Customs, produce to that person for examination:
(i) any book kept in accordance with paragraph (d); and
(ii) any drug in the possession of the holder of the licence;
(f) the holder of the licence shall retain any book kept in accordance with paragraph (d) until the Secretary or an authorised person approves of its destruction;
(g) the holder of the licence shall, within 5 days after the expiration of a report week, furnish to the Secretary a return setting out the entries recorded in respect of the report week in the book referred to in paragraph (d);
(h) the holder of the licence shall, within 14 days after receiving a notice in writing from the Secretary or an authorised person, furnish to the Director-General of Health, Housing, Local Government and Community Services such information as is requested in the notice, being information with respect to:
(i) the orders for drugs placed with the holder of the licence within such period immediately preceding the date of the notice as is specified in the notice;
(ii) the orders for drugs that the holder of the licence reasonably expects to be placed with the holder within such period immediately following the date of the notice as is specified in the notice; or
(iii) any proposal of the holder of the licence to manufacture or sell by wholesale, within such period immediately following the date of the notice as is specified in the notice, a drug that the holder has not previously manufactured or sold by wholesale;
(j) the holder of the licence shall in respect of each permission to import a drug that is granted to the holder during the currency of the licence, being a permission that specifies a condition or requirement to be complied with by the holder, comply with that condition or requirement.
5(10)
The Secretary or an authorised person shall not grant to an applicant a permission to import a drug unless:
(a) the applicant has furnished all the information requested by the Secretary or an authorised person under subregulation (6);
(b) in the case of a drug that is included in Schedule 1 or 2 to the Single Convention:
(i) where the drug is required by the applicant for the manufacture of a drug at certain premises - if the Narcotic Drugs Act 1967 applies in relation to that manufacture, the applicant is, for the purposes of that Act, the holder of a manufacturer's licence in relation to the manufacture of the last-mentioned drug at those premises and, if, under a law of the State or Territory in which those premises are situated, the manufacture of that drug is prohibited unless a licence to manufacture the drug has been granted under that law, the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;
(ii) where the drug is required by the applicant for the purposes of the applicant's business as a seller or supplier of drugs - the applicant is, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or
(iii) where subparagraphs (i) and (ii) do not apply - the drug is required by the applicant for medical or scientific purposes;
(c) in the case of a drug other than methaqualone, that is not included in Schedule 1 or 2 to the Single Convention:
(i) where the drug is required by the applicant for the manufacture of a drug at certain premises and, under a law of the State or Territory in which those premises are situated, the manufacture of the drug is prohibited unless a licence to manufacture the drug has been granted - the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;
(ii) where the drug is required by the applicant for the purposes of the applicant's business as a seller or supplier of drugs and, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the sale or supply of the drug is prohibited unless a licence to sell or supply the drug has been granted - the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or
(iii) where subparagraphs (i) and (ii) do not apply and the drug is a drug referred to in paragraph (a) of the definition of "drug" in subregulation (20) - the drug is required by the applicant for medical or scientific purposes;
(ca) when the drug is methaqualone - the drug is required for use by the applicant or by another person solely for scientific purposes; and
(d) proper arrangements have been made by the applicant for the safe transportation and safe custody of the drug after the drug has been delivered for home consumption.
5(11)
A permission to import a drug shall be in writing and shall specify:
(a) the name and address of the holder of the permission;
(b) the name of the supplier of the drug and the supplier's address in the country from which the drug is exported;
(c) the name by which the drug is commonly known and the international non-proprietary name (if any) of the drug;
(d) the quantity of the drug that the holder of the permission may import;
(e) where the drug is a pharmaceutical product:
(i) the form in which the drug is to be imported; and
(ii) in the case of a drug referred to in paragraph (d) of the definition of "drug" in subregulation (20) - the strength of the active ingredient, or each active ingredient, as the case may be, that is contained in, or is part of, the drug; and
(f) the period during which the importation may be effected under the permission.
5(12)
A permission to import a drug shall not, where the drug is included in Schedule I or II of the Single Convention, specify, as the quantity of the drug that may be imported during the period specified in the permission, a quantity that, together with:
(a) the total quantity (if any) of the drug the importation of which during the year within which the specified period occurs (in this subregulation referred to as the "relevant year") has already been authorised by the Secretary or an authorised person; and
(b) the total quantity of the drug in respect of which, having regard to the information furnished to the Secretary under subregulation (6) or paragraph (9)(h) by other persons holding a licence to import drugs, those persons may reasonably be expected to apply for permission authorising the importation of the drug during the relevant year,
exceeds the amount that, in accordance with the requirements of the Single Convention, has been determined to be the maximum amount of that drug that may be imported into Australia during the relevant year.
5(13)
A permission to import a drug may specify conditions or requirements, including conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the drug, to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time before or after the importation of the drug, at which the condition or requirement is to be complied with by the holder of the permission.
5(14)
Where a drug is imported in pursuance of a permission granted under this regulation, the Collector shall, by writing inscribed on the permission, certify:
(a) the quantity of the drugs so imported; and
(b) the date on which it was imported.
5(15)
Where-
(a) for reasons outside the control of the holder of a permission to import a drug, the quantity, or any part of the quantity, of the drug specified in the permission could not be imported, or cannot reasonably be expected to be imported, within the period specified in the permission; and
(b) the holder of the permission (whether before or after the expiration of the period specified in the permission) applies in writing to the Secretary for a variation of the period during which the importation of the drug may be effected,
the Secretary or an authorised person may, by writing endorsed on, or attached to, the permission, specify a period other than the period specified in the permission as the period during which the importation of the drug may be effected.
5(16)
Where the Secretary or an authorised person has specified a period under subregulation (15) in relation to the importation of a drug, that period shall, for the purposes of paragraph (1)(c), be deemed to be the period specified in the permission.
5(17)
Where the holder of a licence to import drugs fails to comply with a condition or requirement set out in subregulation (9), the Secretary or an authorised person may revoke the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirements.
5(18)
Where:
(a) a permission to import a drug specifies a condition or requirement to be complied with by the holder of the permission; and
(b) the holder of the permission fails to comply with the condition or requirement,
the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
5(18A)
Where the Secretary or an authorised person makes a decision:
(a) not to grant under subregulation (5) a licence to import drugs, or a permission to import a drug; or
(b) to grant under subregulation (13) a permission, to import a drug, that specifies:
(i) a condition or requirement to be complied with; or
(ii) a time at which a condition or requirement specified in the permission is to be complied with; or
(c) not to specify under subregulation (15) a period, other than the period specified in a permission, as the period during which the importation of a drug may be effected; or
(d) to revoke under subregulation (17) a licence to import drugs; or
(e) to revoke under subregulation (18) a permission to import a drug;
the Secretary or the authorised person, as the case requires, must give to the applicant or the holder of the licence or the holder of the permission, as the case requires, notice in writing setting out the decision as soon as practicable after the making of the decision.
5(19)
The Secretary shall, before the commencement of each year, cause to be published in the Gazette in relation to that year, a notice entitled "Movements of Drugs of Dependence Calendar" in which shall be set out the periods that are, for the purposes of this regulation, report weeks in respect of that year.
5(20)
In this regulation:
authorised officer
means an officer of the Department authorised in writing by the Secretary to be an authorised officer for paragraph (9)(b) or (e);
authorised person
means a person authorised in writing by the Secretary to be an authorised person for the purposes of this regulation;
Department
means the Department administered by the Minister administering the Therapeutic Goods Act 1989;
Note
(Repealed by FRLI No F2020L00399)
(a) in relation to a chemical or compound - any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated, and includes a salt of the chemical or compound; and
(b) in relation to an isomer, or a mixture of isomers, of a chemical or compound - any substance chemically derived from the isomer or mixture of isomers and from which the isomer or mixture of isomers may be regenerated, and includes a salt of the isomer or mixture of isomers;
(a) a chemical compound, or other substance or thing, that is included in Schedule 4;
(b) an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a);
(c) a derivative of:
(i) a chemical or compound referred to in paragraph (a); or
(ii) an isomer or mixture of isomers referred to in paragraph (b);
(d) a substance or thing, other than an exempted preparation, that contains, or consists in part of:
(i) a chemical, compound, or other substance or thing, referred to in paragraph (a);
(ii) an isomer or mixture of isomers referred to in paragraph (b); or
(iii) a derivative referred to in paragraph (c); or
(e) a chemical or compound, other than a chemical or compound that is a drug by virtue of another paragraph of this definition, that, in the manufacture by a chemical process of a chemical or compound referred to in paragraph (a), is an immediate precursor of that chemical or compound;
exempted preparation
means a substance or thing that is a preparation included in Schedule III to the Single Convention;
(a) in relation to a drug - the carrying out of any process by which the drug may be obtained and includes:
(i) the refining of the drug;
(ii) the transformation of another drug into the drug;
(iii) the mixing or compounding of 2 or more drugs to make the drug;
(iv) the preparation of tablets, pills, capsules, ampoules or other pharmaceutical products consisting of, or containing, the drug; and
but does not include the carrying out of any process referred to in subparagraph (iii), (iv) or (v) that is carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying a quantity of the drug to another person; and
(v) the packing or re-packing of the drug;
(b) in relation to an exempted preparation - the carrying out of any process by which the exempted preparation may be obtained other than such a process carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying the exempted preparation to another person;
medical practitioner
means a person authorised to practice as a medical practitioner under the law of a State, a Territory or another country;
report week
means each period that is set out as being a report week in a notice published in accordance with subregulation (19);
Secretary
means the Secretary to the Department
Single Convention
means the Single Convention on Narcotic Drugs, 1961, being the Convention of that name that was adopted and opened for signature at New York on 30 March 1961, as amended and existing on the commencement of this regulation;
year
means a period of 12 months commencing on 1 January.
REGULATION 5A 5A IMPORTATION OF ANTIBIOTIC SUBSTANCES
(Repealed by No F2019L01615)
(Omitted by SR No 23 of 1991)
[ Transitional provision
Amending Regulations No 23 of 1991, reg 16, provide:
"Despite the amendment of regulation 5D of the Customs (Prohibited Imports) Regulations by these Regulations, that regulation as in force immediately before the commencement of these Regulations continues to apply during the period:
(a) commencing on the date of commencement of these Regulations; and
(b) ending on the expiration of 6 months after that date;in relation to a licence granted under regulation 5B of the Customs (Prohibited Imports) Regulations before the commencement of these Regulations as if these Regulations had not been made."]
(Omitted by SR No 23 of 1991)
[ Transitional provision
Amending Regulations No 23 of 1991, reg 16, provide:
"Despite the amendment of regulation 5E of the Customs (Prohibited Imports) Regulations by these Regulations, that regulation as in force immediately before the commencement of these Regulations continues to apply during the period:
(a) commencing on the date of commencement of these Regulations; and
(b) ending on the expiration of 6 months after that date;in relation to a person to whom that regulation applied immediately before the commencement of these Regulations as if these Regulations had not been made."]
(Repealed by FRLI No F2019L01615)
The importation into Australia of a substance mentioned in Schedule 7A is prohibited unless:
(a) the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised officer; and
(b) the permission is produced to a Collector.
5G(2)
Subregulation (1) does not apply to a substance if:
(a) the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft; and
(b) the substance is imported into Australia on the ship or aircraft; and
(c) the substance was prescribed by a medical practitioner for that treatment; and
(d) the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.
5G(3)
However, the exception in subregulation (2) does not apply to a substance if the substance is required for the medical treatment of:
(a) a person who is an athlete within the meaning of section 4 of the Australian Sports Anti-Doping Authority Act 2006; or
(b) a person who:
(i) is a support person within the meaning of section 4 of the Australian Sports Anti-Doping Authority Act 2006; and
(ii) has come to Australia for purposes relating to the performance of an athlete, the management of an athlete or the management of an athlete's interests.
Examples of purposes mentioned in subparagraph (3)(b)(ii)
5G(4)
A permission may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.
5G(5)
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Secretary may, in writing, revoke the permission.
5G(6)
In this regulation:
"authorised officer"
means an officer authorised in writing by the Secretary to be an authorised officer for this regulation;
"medical practitioner"
means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country;
"Secretary"
means the Secretary to the Department administered by the Minister administering the Therapeutic Goods Act 1989.
Note
(Repealed by FRLI No F2020L00399)
REGULATION 5H IMPORTATION OF CERTAIN GOODS 5H(1)
In this regulation:
authorised officer
means an officer authorised in writing by the Secretary to be an authorised officer for this regulation;
Secretary
means the Secretary to the Department administered by the Minister administering the Therapeutic Goods Act 1989.
Note
(Repealed by FRLI No F2020L00399)
5H(2)
The importation into Australia of goods specified in Schedule 8 to these Regulations is prohibited unless the Secretary or an authorised officer has, by instrument in writing, granted permission to import the goods and the instrument is produced to the Collector.
5H(3)
A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, as the Secretary or authorised officer, as the case may be, thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
5H(4)
Where:
(a) a permission granted under subregulation (2) is subject to a condition to be complied with by a person; and
(b) the person fails to comply with the condition;
then the Secretary may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition.
REGULATION 5HA REVIEW OF DECISIONS 5HA(1)
In this regulation:
"decision"
has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"initial decision"
means a decision:
(a) of the Secretary, or an authorised person, under subregulation 5(5), (13), (15), (17) or (18); or
(ab) of the Secretary, or an authorised officer, under subregulation 5G(1) or (5); or
(b) of the Secretary, or an authorised officer, under subregulation 5H(2) or (4);
"Minister"
means the Minister administering the Therapeutic Goods Act 1989.
Note
(Repealed by FRLI No F2020L00399)
5HA(2)
A person whose interests are affected by an initial decision may request the Minister to reconsider the decision by notice in writing given to the Minister within 90 days after the decision first comes to the person's notice.
5HA(3)
The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (2), and may:
(a) confirm the initial decision; or
(b) revoke the initial decision; or
(c) revoke the initial decision and make a decision in substitution for that decision.
5HA(4)
If a person who has made a request under subregulation (2) does not receive notice of the decision of the Minister on reconsideration within 60 days of the making of the request, the Minister is to be taken to have confirmed the original decision.
5HA(5)
After reconsideration of an initial decision, the Minister must give the applicant a notice in writing stating:
(a) the result of the reconsideration; and
(b) that the applicant may, except where subsection 28(4) of Administrative Appeals Tribunal Act 1975 applies, apply for a statement setting out the reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Appeals Tribunal for review of that decision.
5HA(6)
If written notice of the making of an initial decision is given to a person whose interests are affected by the decision, the notice is to include a statement to the effect that a person whose interests are affected by the decision may:
(a) seek a reconsideration of the decision under this regulation; and
(b) subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Appeals Tribunal for review of that decision.
5HA(7)
Any failure to comply with the requirements of subregulation (5) or (6) in relation to a decision does not affect the validity of the decision.
5HA(8)
An application may be made to the Administrative Appeals Tribunal for review of a decision under subregulation (3).
REGULATION 5I IMPORTATION OF CERTAIN ORGANOCHLORINE CHEMICALS 5I(1)
In this regulation:
authorised officer
means a person authorised under subregulation (1A).
Minister
means the Minister administering the Agricultural and Veterinary Chemicals Code Act 1994.
5I(1A)
The Minister may authorise, in writing, an officer of the Department administered by the Minister to grant permissions under this regulation.
5I(2)
The importation into Australia of:
(a) goods, being certain organochlorine chemicals specified in items 2, 3, 10 and 11 of Schedule 9;
(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
is prohibited unless:
(d) the Minister or an authorised officer has granted a permission in writing to import the goods; and
(e) the permission is produced to a Collector.
5I(2A)
The importation into Australia of:
(a) goods, being certain organochlorine chemicals specified in items 1, 4, 5, 6, 7, 8, 9, 12 and 13 of Schedule 9; and
(b) goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
(c) goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
is prohibited unless:
(d) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:
(i) a permission to import the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and
(ii) the permission is produced to a Collector; or
(e) in any other case:
(i) the Minister or an authorised officer has granted a permission in writing to import the goods; and
(ii) the permission is produced to a Collector.
5I(2B)
An application for a permission under paragraph (2)(d) or (2A)(e) must be:
(a) in writing; and
(b) lodged with an authorised officer.
5I(2C)
An authorised officer may ask an applicant for a permission under paragraph (2)(d) or (2A)(e) to giveto the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.
5I(3)
Where, in relation to an application for a permission under subregulation (2) or (2A), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
5I(4)
Where an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
5I(5)
A permission granted under subregulation (2), (2A) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
5I(6)
Where:
(a) a permission granted under subregulation (2), (2A) or (4) is subject to a condition or requirement to be complied with by a person; and
(b) the person fails to comply with the condition or requirement;
the Minister may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
REGULATION 5J IMPORTATION OF GOODS CONTAINING CERTAIN CHEMICAL COMPOUNDS 5J(1) [Definitions]
In this regulation:
(a) an APS employee or SES employee of the Department of Foreign Affairs and Trade, authorised in writing by the Minister for Foreign Affairs to give permission to import prescribed goods into Australia for the purpose of this regulation; or
(b) a person holding a statutory office established under legislation administered by the Minister for Foreign Affairs, authorised in writing by the Minister to give permission to import prescribed goods into Australia for the purpose of this regulation.
"CAS number"
, for a chemical compound, means the Chemical Abstracts Service number, which is the registry number:
(a) assigned to the compound by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and
(b) published by the Service in the journal Chemical Abstracts;
"Chemical Weapons Convention"
means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature in Paris on 13 January 1993;
"prescribed goods"
means goods containing any of the following chemical compounds:
(a) a chemical compound mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11;
(b) a chemical compound belonging to a group of compounds mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11.
[NOTES:
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is not a State Party to the Chemical Weapons Convention is prohibited absolutely.
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is a State Party to the Chemical Weapons Convention is prohibited unless:
(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and
(b) the permission is produced to the Collector.
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 4 of Schedule 11 is prohibited unless:
(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import the goods; and
(b) the permission is produced to a Collector.
A permission under paragraph (2A) (a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 3 of Schedule 11, or under paragraph (2AA)(a):
(a) may be given for the importation of more than 1 shipment; and
(b) remains in force for 1 year from the day when it is given; and
(c) may be renewed for up to 3 further periods of 1 year.
However, subregulations (2), (2A) and (2AA) do not apply to prescribed goods that contain a chemical compound mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, or a chemical compound belonging to a group of compounds mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, if:
(a) the chemical compound is less than 10%, by weight, of the goods; and
(b) there is no other chemical compound, or chemical compound belonging to a group of compounds, mentioned in Part 2, 3 or 4 of Schedule 11 in the goods.
The Minister or an authorised person must not give permission to import prescribed goods unless an application for the permission is received at the Australian Safeguards and Non-Proliferation Office:
(a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 - at least 37 days before the day when it is proposed to import the goods; or
(b) in any other case - at least 7 days before the first day when it is proposed to import the goods.
However, subregulation (2B) does not apply to prescribed goods that contain saxitoxin if:
(a) there is not more than 5 milligrams of saxitoxin in the goods; and
(b) the goods are to be used for medical or diagnostic purposes only; and
(c) the goods do not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11.
If an authorised person dealing with an application for a permission believes that the permission should not be given:
(a) the authorised person must refer the application to the Minister for Foreign Affairs; and
(b) that Minister may give, or refuse to give, the permission.
A permission for the importation of prescribed goods may:
(a) include conditions or requirements to be complied with by the holder of the permission; and
(b) set a time (being a time before or after the importation of the goods to which the permission relates) at or before which a condition or requirement must be complied with by the holder.
The Minister for Foreign Affairs may revoke a permission if:
(a) it is subject to a condition or requirement; and
(b) the holder fails to comply with the condition or requirement (whether or not the person is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement).
The importation into Australia (except from an external Territory) of:
(a) a substance mentioned in column 2 of an item in Schedule 10; or
(b) ODS equipment or SGG equipment;
is prohibited.
5K(2)
Subregulation (1) does not apply if a licence to import the substance or equipment has been granted under section 16 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the licence, or a copy of the licence, is produced to a Collector.
5K(3)
Subregulation (1) does not apply to a substance that is present in goods because the substance was used in the manufacturing process for the goods.
5K(4)
Subregulation (1) does not apply to a CFC, HCFC or SGG in relation to which all of the following conditions are satisfied:
(a) the CFC, HCFC or SGG is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC, HCFC or SGG is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, 1 or more periods when the ship or aircraft is or will be engaged in a journey between:
(i) a place in Australia and a place outside Australia; or
(ii) 2 places outside Australia.
5K(5)
(Repealed by SLI No 120 of 2012)
5K(6)
Subregulation (1) does not apply to ODS equipment or SGG equipment in relation to which subsection 13(5) or (6) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies.
5K(7)
In this regulation:
ODS equipment
has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
SGG equipment
has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
In this regulation:
authorised person
means a person authorised in writing by the Minister for this regulation.
human embryo clone
has the meaning given by section 8 of the Prohibition of Human Cloning for Reproduction Act 2002.
Minister
means the Minister administering the Prohibition of Human Cloning for Reproduction Act 2002.
viable material
means living tissue and cells.
Note
(Repealed by FRLI No F2020L00399)
5L(2)
The importation into Australia of viable material derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has granted permission in writing; and
(b) the permission is produced to a Collector at or before the time of importation.
5L(3)
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
5L(4)
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2 (a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
5L(5)
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act.
5L(6)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
5L(7)
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
5L(8)
A failure to comply with subregulation (7) does not affect the validity of the decision.
The provisions of these Regulations are in addition to, and do not derogate from, the operation of any other law of the Commonwealth relating to the importation of goods into Australia. REGULATION 7 7 REPEAL
(Repealed by SLI No 241 of 2015)
The amendment of regulation 5 made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015 applies in relation to licences granted under regulation 5 before, on or after 1 July 2015.
8(2)
A direction given by the CEO under paragraph 5(9)(b) and in force immediately before 1 July 2015 continues in force on and after that day under that paragraph as if it had been given by the Comptroller-General of Customs.
8(3)
A requirement made by the CEO before 1 July 2015 as mentioned in paragraph 5(9)(e) that had not been complied with before that day is taken on and after that day to have been a requirement made by the Comptroller-General of Customs.
8(4)
An application under subitem 5.8 of Part 3 of Schedule 6 that is pending immediately before 1 July 2015 is taken on and after that day to be an application to the Comptroller-General of Customs.
8(5)
A certificate issued by the CEO under subitem 5.10 of Part 3 of Schedule 6 and in force immediately before 1 July 2015 continues in force on and after that day under that subitem as if it had been issued by the Comptroller-General of Customs.
8(6)
If before 1 July 2015 a person had informed the CEO of a change in the person's circumstances as mentioned in subitem 5.11 of Part 3 of Schedule 6, then on and after that day the person is taken to have informed the Comptroller-General of Customs of the change.
The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015 (the amending regulation ) apply in relation to:
(a) an application for permission for or consent to the importation of an article or goods made on or after the commencement of the amending regulation; and
(b) the importation of an article, or goods, on or after the commencement of the amending regulation, subject to subregulation (3).
9(2)
The amendments of these Regulations made by the amending regulation apply, on and after the commencement of the amending regulation, in relation to an application for permission for, or consent to, the importation of an article or goods that had not been finally determined immediately before that commencement, as if the application had been made on or after that commencement.
9(3)
However, the amendments of these Regulations made by the amending regulation do not apply in relation to the importation of an article, or goods, whether before, on or after the commencement of the amending regulation, if, immediately before that commencement, a permission or consent was in force for that importation.
A permission:
(a) granted under subregulation 4C(2); and
(b) in force immediately before the commencement of the Customs Legislation Amendment (Asbestos) Regulations 2019 (the amending regulations );
continues in force (and may be dealt with) as if it had been granted under that subregulation as amended by the amending regulations.
10(2)
A confirmation:
(a) provided in accordance with paragraph 4C(3)(b); and
(b) in force immediately before the commencement of the amending regulations;
continues in force (and may be dealt with) as if it were a confirmation for the purposes of paragraph 4C(1)(ba) as amended by the amending regulations.
The Customs (Prohibited Imports) (Importation of Hemp Seeds and Hemp Derived Products) Approval 2018 continues in force on and from the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 (the amending Regulations ) as if it had been made under subregulation 5(3) of this instrument as amended by the amending Regulations.
THE SCHEDULES
SCHEDULE 1Regulation 3
GOODS THE IMPORTATION OF WHICH IS PROHIBITED ABSOLUTELY
| Item No. | Description of Goods |
| 1 | (Omitted) |
| 2 | Advertising matter relating to any goods covered by this Schedule |
| 3-25 | (Omitted) |
| 26 | Dogs of the following breeds:
(a) dogo Argentino; (b) fila Brasileiro; (c) Japanese tosa; (d) American pit bull terrier or pit bull terrier; (e) Perro de Presa Canario or Presa Canario |
| 27 | (Omitted by SLI No 188 of 2009.) |
Regulation 4(1)
GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS THE PERMISSION IN WRITING OF THE MINISTER OR AN AUTHORISED PERSON HAS BEEN GRANTED
| Item No. | Description of Goods |
| 2 | Toys coated with a material the non-volatile content of which contains more than:
(a) 90 mg/kg of lead; or (b) 25 mg/kg of arsenic; or (c) 60 mg/kg of antimony; or (d) 75 mg/kg of cadmium; or (e) 500 mg/kg of selenium; or (f) 60 mg/kg of mercury; or (g) 60 mg/kg of chromium; or (h) 1000 mg/kg of barium |
| 3 | Cosmetic products containing more than 250 mg/kg of lead or lead compounds (calculated as lead), except products containing more than 250 mg/kg of lead acetate designed for use in hair treatments |
| 6 | Money boxes coated with a material that contains more than 90 mg/kg of lead |
| 7 | Pencils or paint brushes coated with a material the non-volatile content of which contains more than:
(a) 90 mg/kg of lead; or (b) 25 mg/kg of arsenic; or (c) 60 mg/kg of antimony; or (d) 75 mg/kg of cadmium; or (e) 500 mg/kg of selenium; or (f) 60 mg/kg of mercury; or (g) 60 mg/kg of chromium; or (h) 1000 mg/kg of barium |
| 8-9 | (Repealed by SLI No 233 of 2011) |
| 10 | Dog collars incorporating protrusions designed to puncture or bruise an animal's skin |
| 12-14 | (Repealed by SLI No 233 of 2011) |
| 15 | Goods to which, or the coverings to which, there is applied a representation of the Arms, a flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive |
| 16 | Goods to which, or to the coverings of which, there is applied a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive |
| 18-23 | (Repealed by SLI No 233 of 2011) |
| 29A | (Repealed SLI No 233 of 2011) |
| 34 | Erasers, resembling food in scent or appearance, that contain more than:
(a) 90 mg/kg of lead; or (b) 25 mg/kg of arsenic; or (c) 60 mg/kg of antimony; or (d) 75 mg/kg of cadmium; or (e) 500 mg/kg of selenium; or (f) 60 mg/kg of mercury; or (g) 60 mg/kg of chromium; or (h) 1000 mg/kg of barium |
| 35-48 | (Repealed SLI No 233 of 2011) |
Regulation 4(2)
GOODS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS SPECIFIED CONDITIONS, RESTRICTIONS OR REQUIREMENTS ARE COMPLIED WITH
| Item No | Description of Goods | Conditions, restrictions and Requirements |
| 1 | (Repealed by SLI No 241 of 2015) | |
| 1A | (Omitted by SLI No 317 of 2010) | |
| 3 | Non-refillable containers containing hydroflurocarbons designed for use in the maintenance of refrigerative units (including air conditioning units) | The goods must not be imported unless the written consent of the Minister administering the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, or an officer of the Department administered by that Minister who is authorised for this item by that Minister, is produced to a Collector |
| 9A | Goods that are national cultural property within the meaning of section 4 of the National Cultural Property (Preservation) Ordinance 1965-1970 of Papua New Guinea, as in force immediately before the commencement of this item | The importer shall produce to the Collector for the consent in writing of the Trustees of the Papua New Guinea Public Museum and Art Gallery to the export or removal of the goods from Papua New Guinea |
| 10 | Goods to which, or to the coverings of which, there is applied a representation of the Arms, a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive | The goods must not be imported unless:
(a) the design of the representation has been approved in writing by the Secretary of the Department of the Prime Minister and Cabinet, or an officer of the Department of the Prime Minister and Cabinet who is authorised by that Secretary for this item; and (b) if the Collector asks the importer to produce the approval - the importer produces it |
| 11 | Devices whose operation or supply, or whose possession for the purpose of operation or supply, is prohibited by a declaration under section 190 of the Radiocommunications Act 1992 | The devices must not be imported unless they are imported by a person whose acts or omissions relating to the devices are exempt from section 189 of the Radiocommunications Act 1992 under a determination made under subsection 27(2) of that Act |
| 13 | (Omitted by SLI No 245 of 2007) |
(regulation 4BA)
GOODS THE IMPORTATION OF WHICH IS PROHIBITED IF PERMISSION IS NOT GRANTED UNDER REGULATION 4BA
| Item | Description of goods | |
| 1 | Fish of the species Dissostichus eleginoides (commonly known as Patagonian toothfish) | |
| 2 | Fish of the species Dissostichus mawsoni (commonly known as Antarctic toothfish) |
Regulation 5
DRUGS
| Item | Description of drugs |
| 1 | Acetorphine |
| 2 | Acetyl-alpha-methylfentanyl |
| 2A | N-acetylanthranilic acid |
| 2B | Acetylcodeine |
| 3 | Acetyldihydrocodeine |
| 3A | Acetylfentanyl |
| 4 | Acetylmethadol |
| 4A | Acetylmorphine |
| 4AA | Acryloylfentanyl (otherwise known as acrylfentanyl) |
| 4B | N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (otherwise known as 5F-APINACA) |
| 4C | N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (otherwise known as APINACA or AKB-48) and fluorinated derivatives of this substance |
| 4D | ADB-CHMINACA (otherwise known as MAB-CHMINACA) |
| 4E | ADB-FUBINACA |
| 5 | Alfentanil |
| 5A | Alkoxyamphetamines, including but not limited to 2,3,4-trimethoxyamphetamine, 2,3,5-trimethoxyamphetamine, 2,3,6-trimethoxyamphetamine, 2,4,5-trimethoxyamphetamine and 2,4,6-trimethoxyamphetamine |
| 5B | Alkoxyphenylethylamines, including but not limited to 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25B-NBOMe), 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25C-NBOMe), 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (otherwise known as 25I-NBOMe), 2,5-dimethoxy-4-isopropoxyphenethylamine (otherwise known as 2C-O-4) and 2,4,5-trimethoxyphenethylamine (otherwise known as 2C-O) |
| 5C | Alkylthioamphetamines |
| 6 | Allylprodine |
| 7 | Alphacetylmethadol |
| 8 | Alphameprodine |
| 9 | Alphamethadol |
| 10 | Alphamethylfentanyl |
| 11 | Alphamethylthiofentanyl |
| 11AA | Alpha-phenylacetoacetamide (otherwise known as APAA) |
| 11A | Alpha-phenylacetoacetonitrile (otherwise known as APAAN) |
| 12 | Alphaprodine |
| 13 | Alprazolam |
| 14 | Amineptine |
| 14AAA | N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (otherwise known as AB-CHMINACA) |
| 14AA | (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) (otherwise known as AB-FUBINACA) |
| 14AB | (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) (otherwise known as AB-PINACA) |
| 14ABA | 4-amino-3-phenylbutyric acid (otherwise known as phenibut) |
| 14AC | 4-anilino-N-phenethylpiperidine (otherwise known as ANPP) |
| 14A | Aminorex |
| 14B | 5-(2-aminopropyl)-2,3-dihydro-1H-indene |
| 14C | 3-(2-aminopropyl) indole |
| 15 | Amphecloral |
| 16 | Amphetamine, but not including levamfetamine |
| 17 | Anileridine |
| 17A | Anthranilic acid |
| 18 | Barbiturates belonging to the class of 5,5-disubstituted barbituric and thiobarbituric acids, including compounds structurally derived from those acids |
| 19 | Benzethidine |
| 19A | 1-(benzofuran-6-yl)propan-2-amine (otherwise known as 6-APB) |
| 20 | Benzphetamine |
| 21 | Benzylmorphine |
| 21A | Benzylpiperazine |
| 22 | Betacetylmethadol |
| 23 | Betahydroxyfentanyl |
| 24 | Betahydroxy-3-methylfentanyl |
| 25 | Betameprodine |
| 26 | Betamethadol |
| 27 | Betaprodine |
| 28 | Bezitramide |
| 29 | Bromazepam |
| 29A | 1-(8-bromobenzo[1,2-b:4,5-b]difuran-4-yl)-2-aminopropane |
| 30 | 4-bromo-2,5-dimethoxy-amphetamine |
| 30A | 4-bromo-2,5-dimethoxyphenethylamine (otherwise known as 2-CB) |
| 30B | Brotizolam |
| 31 | Bufotenine |
| 32 | Buprenorphine |
| 32A | Butorphanol |
| 32B | Butylone |
| 32C | Butyrfentanyl |
| 33 | Camazepam |
| 34 | Cannabinoids |
| 35 | Cannabis, including extracts and tinctures of cannabis |
| 36 | Cannabis resin |
| 36A | Carfentanil (otherwise known as carfentanyl) |
| 37 | Cathine |
| 38 | Cathinone |
| 39 | Chlordiazepoxide |
| 40 | Chlorphentermine |
| 41 | Clobazam |
| 42 | Clonazepam |
| 43 | Clonitazene |
| 44 | Clorazepate |
| 45 | Clotiazepam |
| 46 | Cloxazolam |
| 47 | Cocaine, including the leaf of any plant of any species of the genus Erythroxylon from which cocaine can be extracted, either directly or by chemical transformation |
| 48 | Codeine |
| 48A | Codeine-N-oxide |
| 49 | Codoxime |
| 49A | Compounds structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl, whether or not there is any further substitution in the indole ring or the naphthyl ring |
| 49B | Compounds structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom or pyrrole ring by alkyl, alkenyl, cycloalkymethyl, cycloalkylethyl or 2-(4-morphonlinyl)ethyl, whether or not there is any further substitution in the pyrrole ring or naphthyl ring |
| 49C | Compounds structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3 position of the indene ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morphonlinyl)ethyl, whether or not there is any further substitution in the indene ring or naphthyl ring |
| 49D | Compounds structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morphonlinyl)ethyl, whether or not there is any further substitution in the indole ring or phenyl ring |
| 49E | Compounds structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-(4-morpholinyl)ethyl whether or not there is a further substitution is in the cyclohexyl ring |
| 49F | Concentrate of poppy straw (the material arising when poppy straw has entered into a process for the concentration of its alkaloids) |
| 49FA | CUMYL-4CN-BINACA |
| 49G | 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT-45) |
| 49H | Cyclopropylfentanyl |
| 50 | Delorazepam |
| 51 | Desomorphine |
| 52 | Dexamphetamine |
| 53 | Dextromoramide |
| 54 | Dextropropoxyphene |
| 55 | Diampromide |
| 56 | Diazepam |
| 56A | 3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl1]methyl}benzamide (otherwise known as AH-7921) |
| 56B | 3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide (otherwise known as U-47700) |
| 57 | Diethylpropion (otherwise known as amfepramone) |
| 58 | Diethyliambutene |
| 59 | N,N-diethyltryptamine |
| 60 | Difenoxin |
| 61 | Dihydrocodeine |
| 61A | Dihydroetorphine |
| 61B | (2,3-dihydro-5-methyl-3-((4-morpholinyl)methyl)pyrrolo-(1,2,3-de)-1,4-b enzoxanzin-6-yl)(1-naphthalenyl)methanone monomethanesulfonate (otherwise known as WIN-55,212-2) |
| 62 | Dihydromorphine |
| 63 | Dimenoxadol |
| 64 | Dimepheptanol (otherwise known as methadol) |
| 65 | 2,5-dimethoxyamphetamine |
| 66 | 2,5-dimethoxy-4-ethylamphetamine |
| 66AA | 2,5-dimethoxy-4-ethylphenethylamine (otherwise known as 2C-E) |
| 66A | 2,5-dimethoxy-4-ethylthiophenethylamine (otherwise known as 2C-T-2) |
| 66B | 2,5-dimethoxy-4-iodophenethylamine (otherwise known as 2C-1) |
| 66C | 2,5-dimethoxy-4-isopropthiophenethylamine (otherwise known as 2C-T-4) |
| 66D | 2,5-dimethoxy-4-((β-methoxyethylthio)phenethylamine (otherwise known as 2C-T-13) |
| 67 | 2,5-dimethoxy-4-methylamphetamine |
| 67AAA | 2,5-dimethoxy-4-methylphenethylamine (otherwise known as 2C-D) |
| 67AAB | 2,5-dimethoxy-4-(n)-butylthiophenethylamine (otherwise known as 2C-T-9) |
| 67AAC | 2,5-dimethoxy-4-nitrophenethylamine (otherwise known as 2C-N) |
| 67AA | 2,5-dimethoxy-4-(n)-propylphenethylamine (otherwise known as 2C-P) |
| 67A | 2,5-dimethoxy-4-n-propylthiophenethylamine (otherwise known as 2C-T-7) |
| 68 | 1-dimethylamino-1,2-diphenylethane |
| 68A | Dimethylamphetamine |
| 68AAB | 1,3-dimethylbutylamine (otherwise known as DMBA) |
| 68AB | Dimethylheptyl-delta-3-tetrahydrocannabinol (otherwise known as DMHP) |
| 68AC | 1,3-dimethylamylamine (otherwise known as DMAA) |
| 69 | Dimethylthiambutene |
| 70 | N,N-dimethyltryptamine |
| 71 | Dioxaphetyl butyrate |
| 72 | Diphenoxylate |
| 73 | Dipipanone |
| 74 | Drotebanol |
| 75 | Ecgonine |
| 76 | Ephedrine |
| 77 | Ergometrine |
| 78 | Ergot |
| 79 | Ergotamine |
| 80 | Estazolam |
| 80A | Ethcathinone |
| 81 | Ethclorvynol |
| 82 | Ethinamate |
| 83 | N-ethylamphetamine |
| 84 | N-ethyl-methylenedioxyamphetamine (otherwise known as N-ethyl MDA) |
| 85 | Ethyl loflazepate |
| 86 | Ethylmethylthiambutene |
| 87 | Ethylmorphine |
| 87AA | N-ethylnorpentylone (otherwise known as ephylone) |
| 87A | Ethylone |
| 87B | Ethylphenidate |
| 88 | Etonitazene |
| 89 | Etorphine |
| 90 | Etoxeridine |
| 90A | Etryptamine (otherwise known as 3-(2-aminobutyl)indole) |
| 91 | Fencamfamin |
| 92 | Fenetylline |
| 93 | Fenproporex |
| 94 | Fentanyl |
| 95 | Fludiazepam |
| 96 | Flunitrazepam |
| 96A | 4-fluoroamphetamine (otherwise known as 4-FA) |
| 97 | Flurazepam |
| 97AA | 4-fluoro-2,5-dimethoxyphenethylamine (otherwise known as 2C-F) |
| 97AB | 4-(2-fluoroethylthio)-2,5-dimethoxyphenethylamine (otherwise known as 2C-T-21) |
| 97AC | 4-fluoroisobutyrfentanyl (otherwise known as 4-FIBF or pFIBF) |
| 97A | 4-fluoro-N-methylamphetamine |
| 97B | 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (otherwise known as AM-694) |
| 97C | [1-(5-fluoropentyl)-1H-indol-3-yl]-(naphthalene-1-yl)methanone (otherwise known as AM-2201 or JHW-2201) |
| 97D | [1-(5-fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (otherwise known as XLR-11) |
| 97DA | FUB-AMB (otherwise known as MMB-FUBINACA or AMB-FUBINACA) |
| 97E | Furanylfentanyl |
| 98 | Furethidine |
| 98A | Gammabutyrolactone |
| 99 | Glutethimide |
| 100 | Halazepam |
| 101 | Haloxazolam |
| 102 | Harmaline (otherwise known as 4,9-dihydro-7-methoxy-1-methy-l-(3H)pyrido(3,4-b)indole), except when occurring naturally as a component of the herb tribulus terrestris |
| 103 | Harmine (otherwise known as 7-methoxyharman), except when occurring naturally as a component of the herb tribulus terrestris |
| 104 | Heroin (otherwise known as diacetylmorphine) |
| 105 | Hydrocodone |
| 106 | Hydromorphinol |
| 107 | Hydromorphone |
| 108 | Hydroxyamphetamine |
| 108A | 4-hydroxybutanoic acid |
| 108B | 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl)phenol (otherwise known as CP 47, 497-C8) |
| 108C | 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (otherwise known as CP 47, 497) |
| 109 | N-hydroxy-methylenedioxy-amphetamine (otherwise known as N-hydroxy MDA) |
| 110 | Hydroxypethidine |
| 111 | Ibogaine |
| 112 | Isomethadone |
| 112A | Isosafrole |
| 112AB | JWH-018 (otherwise known as 1-pentyl-3-(1-naphthoyl)indole or AM-678) |
| 112AC | JWH-073 (otherwise known as 1-butyl-3-(1-naphthoyl)indole) |
| 112AD | JWH-122 (otherwise known as 1-pentyl-3-(4-methyl-1-naphthoyl)indole) |
| 112AE | JWH-200 (otherwise known as 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole or WIN55,225) |
| 112AF | JWH-250 (otherwise known as 1-pentyl-3-(2-methoxyphenylacetyl)indole) |
| 112B | Kava |
| 112C | Ketamine |
| 113 | Ketazolam |
| 114 | Ketobemidone |
| 115 | Levamphetamine |
| 116 | Levomethamphetamine |
| 117 | Levomethorphan but not including dextromethorphan |
| 118 | Levomoramide |
| 118A | Levonantradol (otherwise known as CP 50, 5561) |
| 119 | Levophenacylmorphan |
| 120 | Levorphanol |
| 120A | Lisdexamfetamine |
| 121 | Loprazolam |
| 122 | Lorazepam |
| 123 | Lormetazepam |
| 124 | Lysergamide |
| 125 | Lysergic acid |
| 126 | Lysergide |
| 127 | Mazindol |
| 127A | 3,4-MDP-2-P methyl glycidate (otherwise known as PMK glycidate) |
| 127B | 3,4-MDP-2-P methyl glycidic acid (otherwise known as PMK glycidic acid) |
| 128 | Mecloqualone |
| 129 | Medazepam |
| 130 | Mefenorex |
| 131 | Meprobamate |
| 132 | Meprodine |
| 133 | Mescaline |
| 133A | Mesocarb |
| 134 | Metamfetamine racemate |
| 135 | Metazocine |
| 136 | Methadone |
| 137 | Methadone intermediate (otherwise known as dimethylamino-4,4-diphenyl-butane) |
| 137A | Methamphetamine |
| 138 | Methaqualone |
| 138A | Methcathinone |
| 138B | Methiopropamine (otherwise known as MPA) |
| 139 | Methorphan, but not including dextro-methorphan |
| 139AA | Methoxetamine |
| 139AB | Methoxyacetylfentanyl |
| 139A | 5-methoxy-alpha-methyltryptamine (otherwise known as 5-MeO-AMT) |
| 139AB | (Repealed by FRLI No F2018L01467) |
| 139B | 5-methoxy-N,N-diisopropyltryptamine (otherwise known as 5-MeO-DiPT) |
| 139C | 5-methoxy-N,N-dimethyltryptamine (otherwise known as 5-MEO-DMT) |
| 140 | 5-methoxy-3,4-methylene-dioxyamphetamine |
| 141 | 4-methylaminorex |
| 142 | Methylamphetamine |
| 142A | Methyl N-{[1-(cyclohexylmethyl)-1H-indol-3-yl]carbonyl}-3-methyl-L-valinate (otherwise known as MDMB-CHMICA) |
| 143 | Methyl desorphine |
| 144 | Methyldihydromorphine |
| 145 | 3,4-methylenedioxy-amphetamine |
| 146 | 3,4-methylenedioxymeth-amphetamine |
| 146A | 3,4-methylenedioxyphenyl-2-propanone |
| 146B | 3,4-methylenedioxypyrovalerone (otherwise known as MDPV) |
| 146C | 4-methylethcathinone (otherwise known as 4-MEC) |
| 147 | 3-methylfentanyl |
| 147AAA | methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (otherwise known as 5F-MDMB-PINACA or 5F-ADB) |
| 147AA | 3-methylmethcathinone (otherwise known as 3-MMC) |
| 147A | 4-methylmethcathinone |
| 147B | N-methyl-1-(3,4-methylenedioxyphenyl)-2-butanamine (otherwise known as MBDB) |
| 147C | Methylone |
| 148 | |
| 149 | 1-methyl-4-phenyl-4-propionoxypiperidine |
| 149A | 4-methylthioamphetamine (otherwise known as 4-MTA) |
| 149B | 4-methylthiobutylamphetamine (otherwise known as 4-MTBA) |
| 149C | 4-methylthiodimethamphetamine (otherwise known as 4-MTDMA) |
| 149D | 4-methylthio-2,5-dimethoxyphenethylamine (otherwise known as 2C-T) |
| 149E | 4-methylthioethylamphetamine (otherwise known as 4-MTEA) |
| 150 | 3-methylthiofentanyl |
| 150A | 4-methylthiomethamphetamine (otherwise known as 4-MTMA) |
| 150B | 4-methylthiopropylamphetamine (otherwise known as 4-MTPA) |
| 150C | 4-methymethamphetamine |
| 151 | Methyprylon |
| 152 | Metopon |
| 153 | Midazolam |
| 153A | Mitragynine |
| 154 | Moramide intermediate (otherwise known as 2-methyl 1,1 necarboxylic acid) |
| 155 | Morphan, but not including dextorphanol |
| 156 | Morpheridine |
| 157 | Morphine |
| 158 | Morphine methobromide |
| 159 | Morphine-N-oxide |
| 159A | Muscimol |
| 160 | Myrophine |
| 160A | Naphyrone |
| 161 | Nicocodine |
| 162 | Nicodicodine |
| 163 | Nicomorphine |
| 164 | Nimetazepam |
| 165 | Nitrazepam |
| 166 | Noracymethadol |
| 167 | Norcodeine |
| 168 | Nordazepam |
| 169 | Norlevorphanol |
| 170 | Normethadone |
| 171 | Normorphine |
| 172 | Norpipanone |
| 172A | Ocfentanil |
| 173 | Opium |
| 173A | Oripavine |
| 173B | Orthofluorofentanyl |
| 174 | Oxazepam |
| 175 | Oxazolam |
| 176 | Oxycodone |
| 177 | Oxymorphone |
| 177A | Parafluorobutyrylfentanyl |
| 178 | Para-fluorfentanyl |
| 178A | Parahexyl (otherwise known as 3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo(b,d)pyran-1-ol) |
| 179 | Paramethoxyamphetamine |
| 179A | Para-methoxymethylamphetamine (otherwise known as PMMA) |
| 179B | Para-methoxyphenylpiperazine (otherwise known as MeOPP) |
| 179C | Para-methyl-4-methylaminorex (otherwise known as 4,4'-DMAR) |
| 180 | PCE (otherwise known as N-ethyl-1-phenylcyclohexylamine |
| 181 | Pemoline |
| 182 | Pentazocine |
| 182A | Pentedrone |
| 183 | Pethidine |
| 184 | Pethidine intermediate A (otherwise known methyl-4-phenylpiperidine) |
| 185 | Pethidine intermediate B (otherwise known as 4-phenylpiperidine-4-carboxylic acid ethyl ester) |
| 186 | Pethidine intermediate C (otherwise known as 1-methyl-4-phenylpiperidine-4-carboxylic acid) |
| 187 | Phenadoxone |
| 188 | Phenampromide |
| 188A | Phenazepam |
| 189 | Phenazocine |
| 190 | Phencyclidine |
| 191 | Phenimetrazine |
| 191A | N-phenethyl-4-piperidone (otherwise known as NPP) |
| 192 | Phenmetrazine |
| 193 | Phenomorphan |
| 194 | Phenoperidine |
| 195 | Phentermine |
| 195A | Phenylacetic acid |
| 196 | 1-phenylethyl-4-phenyl-4-acetoxypiperidine |
| 196A | Phenylpropanolamine |
| 197 | Phenyl-2-propanone |
| 198 | Pholcodine |
| 199 | PHP or PCPY (otherwise known as 1-(1-phenylcyclohexyl) pyrrolidine) |
| 200 | Piminodine |
| 201 | Pinazepam |
| 201A | Piperonal |
| 202 | Pipradrol |
| 203 | Pritramide |
| 204 | Plants and parts of plants of the following genus or species:
(a) Argyreia nervosa; (aa) Catha edulis (otherwise known as khat); (b) Ephedra sinica; (c) Ipomoea hederacea; (d) Ipomoea tricolor; (e) Ipomoea violacea; (f) Lophophora; (g) Mitragyna speciosa; (h) Papaver bracteatum; (i) Piptadenia peregrina (Anadenanthera peregrina); (j) Rivea corymbosa; (k) Salvia divinorum |
| 205 | Poppy straw |
| 206 | Prazepam |
| 207 | Prodine |
| 208 | Proheptazine |
| 209 | Properidine |
| 210 | Propiram |
| 211 | Propylhexedrine |
| 212 | Pseudoephedrine |
| 213 | Psilocine (otherwise known as 3-(2-dimethylaminoethyl)-4-hydroxyindole), including all fungi that contain psilocine |
| 214 | Psilocybine, including all fungi that contain psilocybin |
| 215 | Pyrovalerone |
| 215A | α-pyrrolidinovalerophenone (otherwise known as α-PVP) |
| 215B | Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (otherwise known as 5F-PB-22) |
| 215C | Quinolin-8-yl 1-pentyl-1H-indol-3-carboxylate (otherwise known as PB-22 or QUPIC) |
| 216 | Racemethorphan |
| 217 | Racemoramide |
| 218 | Racemorphan |
| 218AA | Remifentanil |
| 218A | Safrole |
| 218B | Salvinorin A |
| 219 | Seeds of the plant of the species Papaver somniferum (otherwise known as opium poppy) |
| 220 | Sufentanil |
| 220A | Tapentadol |
| 221 | TCP (otherwise known as 1-(1-(2-thienyl) cyclohexyl) piperidine |
| 222 | Temazepam |
| 223 | Tetrahydrocannabinols, including all alkyl homologues of tetrahydro-cannabinols |
| 223A | Tetrahydrofuranylfentanyl (otherwise known as THF-F) |
| 224 | Tetrazepam |
| 224A | Thalidomide |
| 225 | Thebacon |
| 226 | Thebaine |
| 227 | Thiofentanyl |
| 228 | Tilidine |
| 229 | Triazolam |
| 229A | Trifluoromethylphenylpiperazine |
| 230 | Trimeperidine |
| 230A | 1-(3,4,5-trimethoxyphenyl)-2-aminobutane |
| 231 | 3,4,5,-trimethoxyamphetamine |
| 232 | Zipeprol |
| 233 | Zolpidem |
(Repealed by SLI No 241 of 2015)
Regulation 4F
REQUIREMENTS FOR THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARMS MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
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]
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)
2.3
[Omitted by SR No 234 of 2000]
3. Specified person test 3.1
The importation of an article complies with the specified person test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
3.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied that:
(a) the importer of the article is a person whose occupation is partly or wholly the business of controlling vertebrate pest animals; and
(b) the importer holds a licence or authorisation, in accordance with the law of the State or Territory in which the importer will carry out that occupation, to possess the article for the purpose of carrying out that occupation.
3.3
[Omitted by SR No 234 of 2000]
4. Police certification test 4.1
The importation of an article complies with the police certification test if:
(a) before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the article, or that a licence or authorisation to possess the article is not required under the law of the relevant State or Territory; and
(b) for a category C article - the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer is a primary producer; and
(c) for a category H article (except a category H article to which subitem 4.2 applies) - the importer has also been given a certificate, in an approved form, by a relevant police representative certifying that the importer:
(i) is a certified sports shooter for the article; or
(ii) is a certified international sports shooter for the article; or
(iii) is certified for business or occupational purposes for the article; or
(iv) is a certified collector for the article; and
(ca) the importer produces details of the article to a Collector, including:
(i) the make, model and serial number; and
(ii) if more than one article of the same kind is to be imported at the same time - the number of such articles; and
(d) the importer produces to a Collector:
(i) the statement in the approved form; and
(ii) if the article is a category C or category H article - the relevant certificate in the approved form.
Note
The importer can produce the statement, or statement and certificate, personally or by an agent, eg a firearm dealer.
4.2
This subitem applies to a category H article if the importer of the article is the government of the Commonwealth, a State or a Territory.
4.3
[Omitted by SR No 60 of 2001]
4.4
[Omitted by SR No 60 of 2001]
5. Sports shooter test 5.1
The importation of a restricted category C article complies with the sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
5.2
The Minister may give written permission for the importation of the article only if the importer is a certified sports shooter for the article.
Note:
For the definitions of certified sports shooter and restricted category C article , see Part 4 of Schedule 6.
5.3
[Omitted by SR No 234 of 2000]
5A. International sports shooter test 5A.1
The importation of a restricted category C article complies with the international sports shooter test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
5A.2
The Minister may give written permission for the importation of the article only if the importer is a certified international sports shooter for the article.
Note:
For the definitions of certified international sports shooter , and restricted category C article , see Part 4 of Schedule 6.
5A.3
[Omitted by SR No 234 of 2000]
6. Dealer test - Category C and D articles 6.1
The importation of a Category C or Category D article complies with the dealer test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
6.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied that the importer is a licensed firearm dealer for the article.
Note:
For the definitions of Category C article , Category D article and licensed firearm dealer , see Part 4.
7. Dealer test - category H article 7.1
The importation of a category H article complies with the dealer test if:
(a) the importer carries on the business of a firearm dealer; and
(b) before the importation of the article, the importer was given a statement, in an approved form, by a relevant police representative to the effect that:
(i) 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 category H articles for the purpose of the importer's business; and
(ii) the licence or authorisation has not been suspended, cancelled or otherwise ceased to have effect; and
(c) the importer produces details of the article to a Collector, including:
(i) the make, model and serial number; and
(ii) if more than one article of the same kind is to be imported at the same time - the number of such articles; and
(d) the importer produces to a Collector the statement in the approved form.
Note 1:
The importer may give the statement to a Collector personally or by an agent, for example, an employee of the importer.
Note 2:
For the definitions of category H article , and relevant police representative , see Part 4 of Schedule 6.
8. Returned goods test 8.1
The importation of an article complies with the returned goods test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied:
(a) that:
(i) the article has previously been exported, and is not currently in Australia; and
(ia) if the most recent exportation of the article would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - that exportation was in accordance with a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; and
(ii) the last importation (if any) of the article before the export:
(A) was a lawful importation; and
(B) was not subject to a condition that the article was to be exported after importation; and
(iii) the article has not been modified since its most recent exportation; and
(iv) 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 importer lives; or
(b) that:
(i) the article is currently in Australia; and
(ii) if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission is in force, and the article has not been modified since the permission was granted; and
(iii) 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 importer lives.
8.3
In this item:
modified does not include repaired.
8A. Public interest test 8A.1
The public interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.
Note:
See subregulation 4F(1A).
8A.2
The importation of an article complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8A.3
The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:
(a) it is in the public interest to allow the article to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the article will be secured appropriately in Australia.
8B. National interest test 8B.1
The national interest test set out in this item applies to the importation of any article to which an item in Part 2 applies.
Note:
See subregulation 4F(1A).
8B.2
The importation of an article complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
8B.3
The Minister may give written permission for the importation of the article only if the Minister is satisfied of the following:
(a) it is in the national interest to allow the article to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the article in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the article will be secured appropriately in Australia.
9. Application for Minister's permission to import article 9.1
This item applies if the written permission of the Minister for the importation of an article is required under this Part.
9.2
A person may apply to the Minister for the permission.
9.3
The application must be made on the form approved by the Secretary to the Department.
PART 2 - REQUIREMENTS FOR SPECIFIC FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
Note:
The public interest test under item 8A of Part 1 and the national interest test under item 8B of Part 1 apply in relation to the importation of all the articles to which this Part applies (see subregulation 4F(1A)).
| Column 1 | Column 2 | Column 3 |
| Item No. | Firearm, firearm accessory, firearm part, firearm magazine, ammunition, component of ammunition or imitation | Requirements |
| 1 | Any of the following firearms:
(a) an air rifle; (b) a soft air rifle; (c) a rimfire rifle, other than a semi-automatic rimfire rifle; (d) a shotgun, other than a semi-automatic or repeating shotgun; other than a firearm: (e) that has a fully automatic firing capability; or (f) that is substantially the same in appearance as a fully automatic firearm; or (g) to which a firearm accessory is attached or is integral. |
For a firearm, other than a soft air 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 certification test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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 soft air rifle: (a) the importation must comply with the police certification test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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. |
| 1A | An imitation of a firearm. | The importation must comply with the police certification test.
Note: See column 3 of item 14 for the requirements for importation of a firearm accessory that is attached to or integral to an imitation of a firearm. |
| 2 | Any of the following firearms:
(a) a muzzle-loading firearm, other than a muzzle loading handgun; (b) a single shot centre fire rifle; (c) a double barrel centre fire rifle; (d) a repeating action centre fire rifle; (e) a break action shotgun/rifle combination; (f) a repeating bolt action shotgun; (g) a lever action shotgun: (i) without a firearm magazine; or (ii) fitted with a firearm magazine having a capacity of no more than 5 rounds; (h) that has a fully automatic firing capability; or (i) that is substantially the same in appearance as a fully automatic firearm; or (j) to which a firearm accessory is attached or is integral. |
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 certification test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. 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. |
| 2B | Firearm part of, or for, a firearm to which item 1 or 2 applies, other than a firearm part that is capable of converting, either on its own or in conjunction with other parts, a firearm to a semi-automatic or fully automatic firearm. | The importation must comply with the police certification test. |
| 3 | Any of the following firearms, other than a firearm:
(a) that has a fully automatic firing capability; or (b) to which a firearm accessory is attached or is integral. Semi-automatic rimfire rifle: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 10 rounds. Semi-automatic shotgun: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 5 rounds. Pump action repeating shotgun: (a) without a firearm magazine; or (b) fitted with a firearm magazine of a capacity no greater than 5 rounds. |
For a semi-automatic 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 certification test; (v) the dealer test; (vi) the returned goods test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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 semi-automatic 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 certification test; (v) the sports shooter test; (vi) the international sports shooter test; (vii) the dealer test; (viii) the returned goods test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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. |
| 3A | (Repealed by SLI No 168 of 2013) | |
| 4 | Firearm part of, or for, a firearm to which item 3 applies, other than a firearm part that is:
(a) a firearm part of, or for, a firearm to which item 1, 2 or 9 applies; or (b) capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm. |
For a part of, or for, semi-automatic rimfire rifle, the importation must comply with at least 1 ofthe following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the police certification test; (e) the dealer test; (f) the returned goods test. For a part of, or for, a semi-automatic 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 certification test; (e) the sports shooter test; (f) the international sports shooter test; (g) the dealer test; (h) the returned goods 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 certification test. |
| 5 | (Repealed by SLI No 168 of 2013) | |
| 6 | Any of the following firearms:
(a) a semi-automatic centre fire rifle; (b) a semi-automatic rimfire rifle fitted with a firearm magazine of a capacity greater than 10 rounds; (c) a semi-automatic shotgun fitted with a firearm magazine of a capacity greater than 5 rounds; (d) a pump-action repeating shotgun fitted with a firearm magazine of a capacity greater than 5 rounds; other than a firearm: (e) that has a fully automatic firing capability; or (f) to which a firearm accessory is attached or is integral. |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test; (e) the dealer test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. 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. |
| 6A | (Repealed by SLI No 168 of 2013) | |
| 7 | Firearm part of, or for, a firearm to which item 6 applies, other than a firearm part that is:
(a) a firearm part of, or for, a firearm to which item 1, 2, 3 or 9 applies; or (b) capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm. |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the returned goods test; (e) the dealer test. |
| 8 | (Repealed by SLI No 168 of 2013) | |
| 9 | Any of the following firearms (including complete, but disassembled or unassembled, firearms):
(a) a handgun; (b) a muzzle loading handgun; (c) a soft air handgun; other than a firearm: (d) that has a fully automatic firing capability; or (e) that is substantially the same in appearance as a fully automatic firearm; or (f) to which a firearm accessory has been attached or is integral. |
For a handgun or a muzzle-loading handgun:
(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 certification test; (v) the dealer test; (vi) the returned goods test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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 soft air handgun: (a) the importation must comply with at least one of the following tests: (i) the police certification test; (ii) the dealer test; and (b) if the firearm was manufactured on or after 1 January 1900 - 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. |
| 9A | (Repealed by SLI No 168 of 2013) | |
| 9B | A frame or receiver of, or for, a firearm to which item 9 applies | 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 certification test; (e) the dealer test; (f) the returned goods test. |
| 10 | Firearm part of, or for, a firearm to which item 9 applies, other than:
(a) a frame or receiver; or (b) a firearm part of, or for, a firearm to which item 1 or 2 applies; or (c) a firearm part that is capable of converting, either on its own or in conjunction with other parts, a firearm to a fully automatic firearm; or (d) a firearm part to which a firearm accessory is attached or is integral. |
The importation must comply with at least 1 of the following tests:
(a) theofficial purposes test; (b) the specified purposes test; (c) the specified person test; (d) the police certification test; (e) the returned goods test. |
| 11 | Firearm accessory for a firearm to which item 9 applies. | The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 12 | Firearm, other than:
(a) a firearm to which item 1, 2, 3, 6, 9 or 14A applies; or (b) a lever action shotgun fitted with a firearm magazine having a capacity of more than 5 rounds. |
The importation must comply with at least 1 of the following tests;
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. |
| 12A | (Repealed by SLI No 168 of 2013) | |
| 13 | Firearm part of, or for, a firearm to which item 12 applies, other than a firearm part to which item 2B, 4, 7 or 10 applies | The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 13A | (Repealed by SLI No 168 of 2013) | |
| 14 | Firearm accessory. | The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 14A | Paintball marker designed exclusively to fire paintballs other than a paintball marker:
(a) that is substantially the same in appearance as a fully automatic firearm; or (b) to which a firearm accessory is attached or is integral. Firearm part of, or for, a paintball marker mentioned in this item. |
The importation must comply with the police certification test.
If the firearm was manufactured on or after 1 January 1900, the firearm must bear a unique serial number. 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. |
| 15 | Detachable firearm magazine, having a capacity of more than 5 rounds, for:
(a) semi-automatic shotguns; or (b) pump-action shotguns; or (c) fully automatic shotguns; whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified person test; (c) the specified purposes test; (d) the returned goods test; (e) the dealer test. |
| 16 | Detachable firearm magazine, having a capacity of more than 10 rounds, for:
(a) semi-automatic rimfire rifles; or (b) semi-automatic, pump-action or lever action centre-fire rifles; or (c) fully automatic firearms, other than fully-automatic shotguns; whether or not attached to a 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 returned goods test; (e) the dealer test. |
| 16A | Detachable firearm magazine, having a capacity of more than 15 rounds, for repeating action centre-fire rifles other than a pump-action or lever action centre-fire rifle, whether or not attached to a 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 returned goods test. |
| 17 | Firearm magazine, other than:
(a) a firearm magazine to which item 15, 16 or 16A applies; or (b) a firearm magazine, having a capacity of more than 5 rounds, for lever action shotguns; whether or not attached to a firearm. |
The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the police certification test; (c) the specified purposes test; (d) the returned goods test. |
| 18 | Device that increases the capacity of an integral firearm magazine, a tubular firearm magazine or a detachable box magazine, whether or not attached to a 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 returned goods test. |
| 19 | Ammunition of the following kinds for a firearm to which item 1, 2, 3, 6, 9 or 12 applies:
(a) ammunition that has, as part of the components (either assembled or separate), a projectile known as any of the following kinds: (i) tracer; (ii) frangible; (iii) explosive; (iv) incendiary; (vi) armour piercing; (vii) penetrator; (viii) saboted light armour piercing (SLAP); (ix) flechette (being a combined collection of arrows or spears); (b) handgun ammunition that is designed, advertised or capable of defeating: (i) soft body armour; or (ii) opaque or glazed bullet resistant material; and (c) an electro-shock cartridge. |
The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 20 | Ammunition for any firearm to which item 1, 2, 3, 6, 9, 12 or 14A applies, other than ammunition to which item 19 applies. | The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the police certification test. |
| 21 | A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, if the component is one of the following kinds of projectile:
(a) tracer; (b) frangible; (c) explosive; (d) incendiary; (e) armour piercing; (f) penetrator; (g) saboted light armour piercing (SLAP); (h) flechette (a combined collection of arrows or spears). |
The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 22 | A component of ammunition for a firearm to which item 9 applies, if the component is designed, advertised or capable of defeating:
(a) soft body armour; or (b) opaque or glazed bullet resistant material. |
The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test. |
| 23 | A component of ammunition for a firearm to which item 1, 2, 3, 6, 9 or 12 applies, other than a component to which items 21 and 22 apply. | The importation must comply with at least 1 of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the police certification test. |
| 24 | Underwater powerhead | The importation must comply with any of the following tests:
(a) the police certification test; (b) the official purposes test; (c) the specified purposes test; (d) the returned goods test. |
This item applies in relation to a firearm if an item in Part 2 of this Schedule requires that the firearm must bear a unique serial number.
1A.2
A firearm is taken to comply with the requirement if:
(a) the firearm is visually inspected by a Collector, and found to have a unique serial number; or
(b) each of the following applies:
(i) the firearm is included in a consignment of firearms;
(ii) a sample of the items in the consignment is selected for visual inspection in accordance with procedures approved by the Minister;
(iii) the result of the visual inspection is that each firearm in the sample is found to have a unique serial number.
1. Safety requirements for firearms 1.1
The safety requirements do not apply to a firearm if the importation of the firearm complies with:
(a) the official purposes test; or
(b) the specified purposes test.
1.2
The safety requirements do not apply:
(a) to a firearm that:
(i) was manufactured before 1 January 1900; or
(ii) is designed or adapted for competition target shooting; or
(b) to an imitation; or
(c) to a deactivated firearm; or
(d) to a blank-fire firearm; or
(e) to an underwater powerhead.
1.3
The safety requirements do not apply to a firearm that had previously been exported from Australia if the importer of the firearm produces to a Collector, at the time of importation:
(a) if the exportation of the firearm would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission; or
(b) in any other case - written evidence that the firearm had previously been lawfully exported from Australia by the importer.
1.4
The safety requirements do not apply to a firearm if:
(a) the importer is:
(i) entitled, under a visa issued under the Migration Act 1958, to enter, or remain in, Australia for a period of not more than 1 year; or
(ii) entitled, under a New Zealand passport to enter, or remain in, Australia; and
(b) the importer produces to a Collector, at or before the time of importation:
(i) documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and
(ii) the licence or authorisation, in accordance with the law of each State or Territory where any competition or hunting activity referred to in the documentary evidence is to be conducted, to possess the firearm for the purposes of the competition or hunting activity; and
(c) if the importer is referred to in subparagraph (a)(i) - the firearm is to be exported not later than the expiry of the relevant visa; and
(d) if the importer is referred to in subparagraph (a)(ii) - the firearm is to be exported not later than 1 year after the date of its importation.
1.5
A firearm, other than a firearm to which the safety requirements do not apply because of subitem 1.1, 1.2, 1.3 or 1.4, must comply with the requirements of subitem 1.5B, tested in accordance with arrangements approved, in writing, by the Minister.
1.5A
(Repealed by SLI No 241 of 2015)
1.5B
A firearm is taken to comply with the safety requirements if the Collector, at the time of importation:
(a) confirms that the firearm has been fitted with an effective safety switch or device (unless it is a hammer firearm fitted with a half cock mechanism or safety bent); and
(b) confirms that the firearm has been fitted with an effective trigger guard; and
(c) determines that further testing, as described in subitems 1.6 to item 1.11 (inclusive), is not required.
1.5C
If the Collector determines that further testing of a firearm is required, the firearm is taken to comply with the requirements of subitems 1.6 to 1.11 (inclusive) if:
(a) the firearm is tested in accordance with procedures approved by the Minister, and is found to comply with the requirements; or
(b) each of the following applies:
(i) the firearm is included in a consignment of firearms;
(ii) a sample of the items in the consignment is selected for testing in accordance with procedures approved by the Minister;
(iii) the result of the testing of the sample is that each firearm in the sample is found to comply with the requirements.
1.6
The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:
(a) it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt-first onto a rubber mat that:
(i) is 25 millimetres thick; and
(ii) has a hardness reading (in this item called the appropriate hardness reading ) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 ("Indentation Hardness of Rubber and Plastics by means of a Durometer"), published on 1 September 1976; or
(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:
(i) has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and
(ii) is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow.
(c) (Repealed by SLI No 168 of 2013)
1.6A
If the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:
(a) each hammer or cocking device is moved back towards the cocked position; and
(b) immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.
1.7
Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of less than or equal to 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.
1.8
(Repealed by SLI No 168 of 2013)
1.9
The firearm must, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:
(a) when engaged in the "safe" position, prevents discharge of the firearm; and
(b) can be disengaged only by:
(i) for an external safety device -distinct pressure on the device; or
(ii) for an integral safety device - sustained pressure on the trigger; and
(c) for an applied, external, safety device - clearly indicates when the firearm is able to discharge.
1.10
For a firearm mentioned in item 14A of Part 2 of Schedule 6, the firearm:
(a) must be fitted with an effective trigger guard; and
(b) must be fitted with a safety device (either mechanical or electronic) that:
(i) when engaged in the "safe" position - prevents discharge of the firearm; and
(ii) can be disengaged only by:
(A) for an external safety device - distinct pressure on the device; or
(B) for an integral safety device - sustained pressure on the trigger; and
(iii) for an applied, external safety device, clearly indicates when the firearm is able to discharge.
1.11
The firearm must not:
(a) contain parts; or
(b) be the subject of any modification, corrosion, damage or alteration;
which would make the firearm unsafe in its use.
2. Specified purposes test 2.1
The importation of an article in accordance with the specified purposes test is subject to the condition that the importer of the article must:
(a) within the period, after importation, mentioned in the Minister's permission:
(i) dispose of the article to the government of the Commonwealth, a State or a Territory; or
(ii) export the article in compliance with the Act (including any regulations or other instruments made under the Act); or
(iii) destroy the article; and
(aa) until the article is so disposed of, exported or destroyed, retain ownership of the article; and
(b) comply with any condition or requirement specified, in relation to the article, in the permission.
3. Official purposes test 3.1
The importation, in accordance with the official purposes test, of an article to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:
(a) if the government does not acquire ownership of the article in the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.2
The importation, in accordance with the official purposes test, of an article to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.3
The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.4
The importation, in accordance with the official purposes test, of an article that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:
(a) unless the article has been destroyed, or the government has acquired ownership of the article within the period, after importation, mentioned in the Minister's permission, the importer must export the article within the period;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
3.5
The importation, in accordance with the official purposes test, of an article that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:
(a) the article must be exported within the period, after importation, mentioned in the Minister's permission;
(b) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
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 Minister's 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 Minister's permission.
Note:
For the definition of restricted category C article , see Part 4 of Schedule 6.
4. Dealer test - category C and D articles 4.1
(Repealed by SLI No 241 of 2015)
4.2
The importation, in accordance with the dealer test, of a category C article or category D article is subject to the following conditions:
(a) the importer must not sell the article except to:
(i) a certified buyer for the article; or
(ia) the government of the Commonwealth, a State or a Territory; or
(ii) if the article is a category C article - a certified primary producer; or
(iii) if the article is a restricted category C article, a certified sports shooter for the article;
(b) the importer must retain possession of the article until the importer disposes of the article by:
(i) selling the article in accordance with paragraph (a); or
(ii) exporting the article in compliance with the Act (including any regulations or other instruments made under the Act); or
(iii) destroying the article;
(ba) if the importer disposes of the article in accordance with paragraph (b), the importer must give to the Minister, within 30 days after disposal, a written declaration by the importer:
(i) stating that the importer has disposed of the article in accordance with paragraph (b); and
(ii) giving details of the disposal;
(c) the importer must comply with any condition or requirement specified, in relation to the article, in the Minister's permission.
4.3
(Repealed by SLI No 241 of 2015)
Note:
For the definitions of category C article , restricted category C article , category D article , certified buyer , certified primary producer and certified sports shooter , see Part 4 of Schedule 6.
5. Dealer test - category H article 5.1In this item:
category H (dealer stock) article
(Repealed by FRLI No F2020L00293)
licensed firearm dealer
means a licensed firearm dealer for category H articles.
5.2
The importation, in accordance with the dealer test, of a category H article is subject to the condition that the importer must comply with subitem 5.4.
5.3
(Repealed by FRLI No F2020L00293)
5.4
The importer may only dispose of the article:
(a) to a person (other than a licensed firearm dealer) who holds a licence or authorisation, in accordance with the law of a State or Territory, to possess the article; or
(b) to a person who holds a written authority or permission given by a relevant police representative stating that the person is not required to hold a licence or authorisation, in accordance with the law of the relevant State or Territory, to possess the article; or
(c) to a person who is a licensed firearm dealer; or
(d) by exporting the article.
5.5A
(Repealed by SLI No 251 of 2013)
5.5
For paragraph 5.4(a), if the importer proposes to dispose of the category H article to a person who holds a licence for the purpose of taking part in sports shooting, the article must comply with subitem 1.3 of Part 4 of this Schedule.
5.6-5.15
(Repealed by FRLI No F2020L00293)
Note:
For the definitions of category H article and relevant police representative , see Part 4 of Schedule 6.
For this Schedule, a person is a certified sports shooter , for a restricted category C article, if the Minister certifies, in writing, that the Minister is satisfied that:
(a) the person is a registered shooter with the Australian Clay Target Association; and
(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; or
(iii) a New Zealand citizen who holds a special category visa under the Migration Act 1958; 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 for the purpose of taking part in clay target events; 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 registered shooter with the Australian Clay Target Association and possessed a semi-automatic shotgun, or pump action repeating shotgun, for use in clay target events.
1.2
For this Schedule, a person is a certified sports shooter , for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:
(a) either:
(i) the article complies with subitem 1.3 or 1.5; or
(ii) the firearm magazine complies with the specifications for shot capacity in subitem 1.3; or
(iii) the firearm barrel complies with the specifications for barrel length and calibre in subitem 1.3; and
(b) a relevant police representative is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for the purpose of taking part in sports or target shooting permitted under that law; and
(c) the relevant police representative certifies, in an approved form, that the person is a certified sports shooter for the article.
1.3
For paragraph 1.2 (a), a category H article complies with this subitem if:
(a) the article:
(i) is designed or adapted for competition target shooting; or
(ii) has a barrel length of at least:
(A) for a semi-automatic handgun - 120 mm; and
(B) for a revolver or a single shot handgun - 100 mm; and
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
(i) if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or
(ii) in any other case, the article has a calibre not greater than .38".
1.4
For paragraph 1.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
is taken to comply with subitem 1.3.
1.5
For paragraph 1.2 (a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the article, magazine or barrel is to be imported by a person who 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
(b) the person satisfies a Collector, at or before importation, that the person had lawfully exported the article, magazine or barrel from Australia with the intention of participating in an international sports or target shooting event which was intended to be held outside Australia on or before 30 June 2003.
1.6
For subitem 1.3:
calibre
means the size of the cartridge that a handgun is chambered to discharge.
Note:
For the definition of relevant police representative , see item 1B.
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 Minister certifies, in writing, that the Minister 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:
(i) the Olympic Games or an associated event; or
(ii) the Paralympic Games or an associated event; or
(iii) the Commonwealth Games or an associated event; or
(iv) organised by the Australian Clay Target 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 for the purpose of taking part in clay target events.
1A.2
For this Schedule, a person is a certified international sports shooter, for a category H article, a firearm magazine for a category H article, or a firearm barrel for a category H article, if:
(a) either:
(i) the article complies with subitem 1A.3 or 1A.5; or
(ii) the firearm magazine complies with the specifications for shot capacity in subitem 1A.3; or
(iii) the firearm barrel complies with the specifications for barrel length and calibre in subitem 1A3; and
(b) a relevant police representative is satisfied that the person intends to use the article in Australia for sports or target shooting; and
(c) the relevant police representative is satisfied that the person is not:
(i) an Australian citizen; or
(ii) the holder of a permanent visa under the Migration Act 1958; and
(d) the relevant police representative is satisfied that the person is the holder of a licence or authorisation to possess the article for sports or target shooting, in accordance with the law of the State or Territory where the person intends to use the article; and
(e) the relevant police representative certifies, in an approved form, that the person is a certified international sports shooter for the article.
1A.3
For paragraph 1A.2(a), a category H article complies with this subitem if:
(a) the article:
(i) is designed or adapted for competition target shooting; or
(ii) has a barrel length of at least:
(A) for a semi-automatic handgun - 120 mm; and
(B) for a revolver or a single shot handgun - 100 mm; and
(b) the article is fitted with a firearm magazine, or cylinder, of a capacity of not more than 10 rounds; and
(c) either:
(i) if a police representative certifies that the article is required for the purposes of participating in sporting events specially accredited by the State or Territory, the article has a calibre not greater than .45"; or
(ii) in any other case, the article has a calibre not greater than .38".
1A.4
For paragraph 1A.2 (a), a category H article that is:
(a) a black powder muzzle loading pistol; or
(b) a cap and ball percussion fired revolver;
is taken to comply with subitem 1A.3.
1A.5
For paragraph 1A.2(a), a category H article, a firearm magazine for a category H article or a firearm barrel for a category H article complies with this subitem if:
(a) the person is importing the article, magazine or barrel for the purpose of participating in a sports or target shooting event which is intended to be held in Australia on or before 30 June 2003; and
(b) the person satisfies a Collector, at or before importation, that the person:
(i) is a participant in the event; and
(ii) will not use the article, magazine or barrel for a purpose other than participating in the event; and
(iii) will export the article, magazine or barrel from Australia as soon as practicable after the person has participated in the event.
1A.6
For subitem 1A.3:
calibre
means the size of the cartridge that a handgun is chambered to discharge.
Note:
For the definition of relevant police representative , see item 1B.
1B. Meaning of relevant police representative 1B.1
For this Schedule:
relevant police representative
, for a State or Territory, means:
(a) the chief police officer for that State or Territory, namely:
(i) for a State - the Commissioner or Chief Commissioner of the police force of the State; and
(ii) for the Northern Territory - the Commissioner of Police of the police force of the Northern Territory; and
(iii) for a Territory other than the Northern Territory - the chief police officer of the Australian Capital Territory; or
(b) a person authorised in writing to act on behalf of that chief police officer in relation to matters to which this Schedule relates.
2. Meaning of certified primary producer 2.1
For this Schedule, a person is a certified primary producer if a relevant police representative certifies, in an approved form, that the person is a primary producer.
2.2
[Omitted by SR No 234 of 2000]
3. Meaning of category C article and restricted category C article 3.1
For this Schedule, a category C article is:
(a) a firearm to which item 3 of Part 2 of this Schedule applies (a category C firearm ); or
(b) a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a category C firearm.
3.2
For this Schedule, a restricted category C article is any of the following:
(a) a semi-automatic shotgun, or pump-action repeating shotgun, to which item 3 of Part 2 of this Schedule applies (a restricted category C firearm );
(b) a firearm part, to which item 4 of Part 2 of this Schedule applies, of (or for) a restricted category C firearm.
3AA. Meaning of category D article 3AA.1
For this Schedule, a category D article is any of the following:
(a) a firearm to which item 6 of Part 2 of this Schedule applies (a category D firearm );
(b) a firearm part, to which item 7 of Part 2 of this Schedule applies, of (or for) a category D firearm;
(c) a detachable firearm magazine to which item 15 or 16 of Part 2 of this Schedule applies, whether or not fitted to a firearm.
3A. Meaning of category H article 3A.1
For this Schedule, a category H article is:
(a) a firearm mentioned in item 9 of Part 2 (other than a firearm that was manufactured before 1 January 1900); or
(b) a frame or receiver mentioned in item 9B of Part 2 (other than a frame or receiver that was manufactured before 1 January 1900).
4. Meaning of certified buyer 4.1
For this Schedule, a person is a certified buyer , for a category C or category D article, if the Minister certifies, in writing, that the Minister 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 or category D article, if the Minister certifies, in writing, that the Minister is satisfied that:
(a) the person intends to buy the article from a licensed firearm dealer; and
(b) the person's occupation is partly or wholly the business of controlling vertebrate pest animals; 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 for the purpose of the person's occupation.
4.3
For this Schedule, a person is a certified buyer , for a category H article, if:
(a) the Secretary of the Department:
(i) is satisfied of the matters mentioned in subitem 4.4 in relation to the person and the article; and
(ii) certifies that the person is a certified buyer for the category H article; or
(b) a relevant police representative:
(i) is satisfied of the matters mentioned in subitem 4.5 in relation to the person and the article; and
(ii) certifies, in an approved form, that the person is a certified buyer for the category H article.
4.4
For subparagraph 4.3 (a) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the Commonwealth;
(c) the government will retain ownership of the article after buying it.
4.5
For subparagraph 4.3 (b) (i), the matters are as follows:
(a) the person intends to buy the article from a licensed firearm dealer;
(b) the article is for the purposes of the government of the relevant State or Territory;
(c) the government will retain ownership of the article after buying it.
5. Meaning of licensed firearm dealer 5.1
For this Schedule, a person is a licensed firearm dealer , for a category C, category D or category H 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 or dispose of it, or deal with it for other commercial purposes, in the course of the business.
6. Meaning of certified for business or occupational purposes 6.1
For this Schedule, a person is certified for business or occupational purposes , for a category H article, if a relevant police representative:
(a) is satisfied that the person meets the requirements, under the law of the relevant State or Territory, to possess the article for business or occupational purposes (other than for the purposes of being a firearm collector or firearm dealer); and
(b) certifies, in an approved form, that the person is a person certified for business or occupational purposes for the category H article.
7. Meaning of certified collector 7.1
For this Schedule, a person is a certified collector , for a category H article, if a relevant police representative:
(a) is satisfied that the person is a licensed collector, in accordance with the law of the relevant State or Territory; and
(b) certifies, in an approved form, that the person is a certified collector for the category H article.
8. Meaning of sanctioned activity 8.1
In this Schedule, sanctioned activity means:
(a) an activity approved in writing by any of the following:
(i) a Service Chief of the Australian Defence Force;
(ii) a Deputy Secretary of the Department administered by the Defence Minister; or
(b) an activity approved in writing by any of the following:
(i) the Commissioner of the Australian Federal Police;
(ii) the Deputy Commissioner of the Australian Federal Police;
(iii) the Commissioner of the police force of a State or Territory;
(iv) a Deputy Commissioner of the police force of a State or Territory;
(v) the Secretary of the Department administered by the Minister;
(vi) a Deputy Secretary of that Department.
9. 9.1 Meaning of law enforcement-sanctioned activity
(Repealed by SLI No 241 of 2015)
Reg 4E
ARTICLES OF GLAZED CERAMIC WARE. METHODS OF TESTING AND PERMISSIBLE LEVELS OF METAL RELEASE
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Item No. | Description of Article | Method of testing | Amount of lead per volume of solution | Amount of cadmium per volume of solution |
| milligrams per litre | milligrams per litre | |||
| 1 | Cup, mug, jug, jar, bowl, teapot, coffee pot or other article of tableware (other than an article referred to in Item 3) having a liquid capacity of less than 1100 millilitres. | Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972. | 7.0 | 0.7 |
| 2 | Cup, mug, jug, jar, bowl, teapot, coffee pot or other article of tableware (other than an article referred to in Item 3) having a liquid capacity equal to or in excess of 1100 millilitres. | Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972. | 2.0 | 0.2 |
| 3 | Plate (including soup plate or dessert plate), saucer, or similar article of tableware. | Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 1 of British Standard 4860 published on 31 October 1972. | 20.0 | 2.0 |
| 4 | Any article of cooking ware. | Method specified and described in paragraph 4 (other than sub-paragraph 4.1) of Part 2 of British Standard 4860 published on 31 October 1972. | 7.0 | 0.7 |
Reg 5G
SUBSTANCES THE IMPORTATION OF WHICH IS PROHIBITED IF PERMISSION IS NOT GRANTED UNDER REGULATION 5G
| Item | Substance |
| 1A | Anabolic or androgenic substances |
| 1 | Erythropoietin |
| 2 | Natural and manufactured gonadotrophins, including menotrophins, Follicle Stimulating Hormone, Luteinising Hormone and Human Chorionic Gonadotrophin |
| 3 | Natural and manufactured growth hormones, including somatropin, somatrem, somatomedins and insulin-like growth factors (not insulins) and growth hormone releasing hormones (somatorelin and synthetic analogues) |
| 4 | Darbepoetin alfa |
Reg 5H(2)
GOODS THE IMPORTATION OF WHICH IS PROHIBITED IF PERMISSION IS NOT GRANTED UNDER REGULATION 5H
| Item No | Description of Goods |
| 1 | Abortifacients, that is, substances that purport to produce abortion. |
| 2 | (Repealed byFRLI No F2019L01615) |
| 3 | Aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3 pyrazolin-5-one), derivatives of aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3-pyrazolin-5-one) (including dipyrone) and preparations containing aminophenazone (aminopryine)(4-dimethylamino-2, 3-dimethyl-1-phenyl-3-pyrazolin-5-one) or derivatives of aminophenazone (aminopyrine) (4-dimethylamino-2, 3-dimethyl-1-phenyl-3-pyrazolin-5-one) (including dipyrone). |
| 3A | (Omitted by SR No 75 of 2000) |
| 3B | (Omitted by SR No 75 of 2000) |
| 3C | (Repealed by FRLI No F2018L00459) |
| 4 | Aphrodisiacs, that is to say, cantharides, cantharindin and yohimbine, preparations containing cantharides, cantharidin or yohimbine, and any other substance or preparation that is, or is likely to be, productive, or is capable of being converted into a substance that is, or is likely to be, productive, of effects substantially of the same character or nature as, or analogous to, those produced by cantharides, cantharidin or yohimbine. |
| 5 | Bithionol (2, 2'-thiobis (4, 6-dichlorophenol)) and preparations containing bithionol (2, 2'-thiobis (4, 6-dichlorophenol)). |
| 6 | 5-bromo-4'-chlorosalicylanilide and preparations containing 5-bromo-4'-chloro-salicylanilide. |
| 7 | Buniodyl sodium (bunamiodyl) (3-butyramido-a-ethyl-2, 4, 6-triiodocinnamic acid sodium salt) and preparations containing buniodyl sodium (bunamiodyl) (3-butyramido-a-ethyl-2, 4, 6-triiodocinnamic acid sodium salt). |
| 8 | Cinchophen methyl ester (methyl-2-phenylcinchoninate) and preparations containing chinchophen methyl ester (methyl-2-phenylcinchoninate). |
| 8A | (Omitted by SR No 37 of 1987) |
| 9 | Fenticlor (2, 2'-thiobis (4-chlorophenol)) and preparations containing fenticlor (2, 2'-thiobis (4-chlorophenol)). |
| 10 | Food, drink and oral medicine for human consumption and preparations (including essences and extracts) used in the manufacture of food, drink or oral medicine for human consumption that contain calamus or oil of calamus. |
| 11 | (Omitted by SLI No 316 of 2010) |
| 12 | (2-Isopropyl-4-pentenoyl) urea and preparations containing (2-isopropyl-4-pentenoyl) urea. |
| 12A | (Omitted by SLI No 167 of 2013) |
| 12AA | Laetrile and preparations containing laetrile. |
| 13 | (Repealed by FRLI No F2019L01615) |
| 14 | 3, 3', 4, 5'-Tetrachlorosalicylanilide and preparations containing 3, 3', 4, 5'-tetrachlorosalicylanilide. |
| 15 | (Repealed by FRLI No F2019L01615) |
| 16 | Triparanol and preparations containing triparanol. |
| 17 | (Omitted by SLI No 167 of 2013) |
(regulation 5I)
GOODS, BEING CERTAIN ORGANOCHLORINE CHEMICALS, THE IMPORTATION OF WHICH IS PROHIBITED UNLESS PERMISSION IS GRANTED UNDER REGULATION 5I
| Item | Common name | CAS Registry Number |
| 1 | aldrin (HHDN) | 309-00-2 |
| 2 | HCH (mixed isomers) (BHC) | 608-73-1 |
| 3 | lindane (γ-BHC, γ-HCH) | 58-89-9 |
| 4 | chlordane | 57-74-9 |
| 5 | DDT (pp'-DDT) | 50-29-3 |
| 6 | dieldrin (HEOD) | 60-57-1 |
| 7 | endrin | 72-20-8 |
| 8 | heptachlor | 76-44-8 |
| 9 | hexachlorobenzene (HCB) | 118-74-1 |
| 10 | methoxychlor | 72-43-5 |
| 11 | oxychlordane | 26880-48-8
27304-13-8 |
| 12 | mirex | 2385-85-5 |
| 13 | toxaphene (camphechlor) | 8000-35-2 |
Regulation 5K
OZONE-DEPLETING SUBSTANCES
PART 1 - CHLOROFLUOROCARBONS
| Column 1 | Column 2 |
| Item | Substance |
| 1 | Trichlorofluormethane (CFC-11) |
| 2 | Dichlorodifluoromethane (CFC-12) |
| 3 | Trichlorotrifluoroethane (CFC-113) |
| 4 | Dichlorotetrafluoroethane (CFC-114) |
| 5 | (Mono) chloropentafluoroethane (CFC-115) |
| 6 | CF3Cl (CFC-13) |
| 7 | C2FCl5 (CFC-111) |
| 8 | C2F2Cl4 (CFC-112) |
| 9 | C3FCl7 (CFC-211) |
| 10 | C3F2Cl6 (CFC-212) |
| 11 | C3F3Cl5 (CFC-213) |
| 12 | C3F4Cl4 (CFC-214) |
| 13 | C3F5Cl3(CFC-215) |
| 14 | C3F6Cl2 (CFC-216) |
| 15 | C3F7Cl (CFC-217) |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | Bromochlorodifluoromethane (Halon-1211) |
| 2 | Bromotrifluoromethane (Halon-1301) |
| 3 | Dibromotetrafluoroethane (Halon-2402) |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | Carbon Tetrachloride (CCl4) |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | 1,1,1-trichloroethane (C2H3Cl3) |
| [NOTE: This formula does not refer to 1,1,2-trichloroethane.] |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | CHFCl2 (HCFC-21) |
| 2 | CHF2Cl (HCFC-22) |
| 3 | CH2FCl (HCFC-31) |
| 4 | C2HFCl4 (HCFC-121) |
| 5 | C2HF2Cl3 (HCFC-122) |
| 6 | C2HF3Cl2 (HCFC-123) |
| 7 | CHCl2CF3 (HCFC-123) |
| 8 | C2HF4Cl (HCFC-124) |
| 9 | CHFClCF3 (HCFC-124) |
| 10 | C2H2FCl3 (HCFC-131) |
| 11 | C2H2F2Cl2 (HCFC-132) |
| 12 | C2H2F3Cl (HCFC-133) |
| 13 | C2H3FCl2 (HCFC-141) |
| 14 | CH3CFCl2 (HCFC-141b) |
| 15 | C2H3F2Cl (HCFC-142) |
| 16 | CH3CF2Cl (HCFC-142b) |
| 17 | C2H4FCl (HCFC-151) |
| 18 | C3HFCl6 (HCFC-221) |
| 19 | C3HF2Cl5 (HCFC-222) |
| 20 | C3HF3Cl4 (HCFC-223) |
| 21 | C3HF4Cl3 (HCFC-224) |
| 22 | C3HF5Cl2 (HCFC-225) |
| 23 | CF3CF2CHCl2 (HCFC-225ca) |
| 24 | CF2ClCF2CHClF (HCFC-225cb) |
| 25 | C3HF6Cl (HCFC-226) |
| 26 | C3H2FCl5 (HCFC-231) |
| 27 | C3H2F2Cl4 (HCFC-232) |
| 28 | C3H2F3Cl3 (HCFC-233) |
| 29 | C3H2F4Cl2 (HCFC-234) |
| 30 | C3H2F5Cl (HCFC-235) |
| 31 | C3H3FCl4 (HCFC-241) |
| 32 | C3H3F2Cl3 (HCFC-242) |
| 33 | C3H3F3Cl2 (HCFC-243) |
| 34 | C3H3F4Cl (HCFC-244) |
| 35 | C3H4FCl3 (HCFC-251) |
| 36 | C3H4F2Cl2 (HCFC-252) |
| 37 | C3H4F3Cl (HCFC-253) |
| 38 | C3H5FCl2 (HCFC-261) |
| 39 | C3H5F2Cl (HCFC-262) |
| 40 | C3H6FCl (HCFC-271) |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | CHFBr2 |
| 2 | CHF2Br (HBFC-22B1) |
| 3 | CH2FBr |
| 4 | C2HFBr4 |
| 5 | C2HF2Br3 |
| 6 | C2HF3Br2 |
| 7 | C2HF4Br |
| 8 | C2H2FBr3 |
| 9 | C2H2F2Br2 |
| 10 | C2H2F3Br |
| 11 | C2H3FBr2 |
| 12 | C2H3F2Br |
| 13 | C2H4FBr |
| 14 | C3HFBr6 |
| 15 | C3HF2Br5 |
| 16 | C3HF3Br4 |
| 17 | C3HF4Br3 |
| 18 | C3HF5Br2 |
| 19 | C3HF6Br |
| 20 | C3H2FBr5 |
| 21 | C3H2F2Br4 |
| 22 | C3H2F3Br3 |
| 23 | C3H2F4Br2 |
| 24 | C3H2F5Br |
| 25 | C3H3FBr4 |
| 26 | C3H3F2Br3 |
| 27 | C3H3F3Br2 |
| 28 | C3H3F4Br2 |
| 29 | C3H4FBr3 |
| 30 | C3H4F2Br2 |
| 31 | C3H4F3Br |
| 32 | C3H5FBr2 |
| 33 | C3H5F2Br |
| 34 | C3H6FBr |
| Column 1 | Column 2 |
| Item | Substance |
| 1 | CH3Br |
|
Column 1
Item |
Column 2
Substance |
| 1 | CH2BrCl |
|
Column 1
Item |
Column 2
Substance |
| 1 | CHF3 (HFC-23) |
| 2 | CH2F2 (HFC-32) |
| 3 | CH3F (HFC-41) |
| 4 | CHF2CF3 (HFC-125) |
| 5 | CHF2CHF2 (HFC-134) |
| 6 | CH2FCF3 (HFC-134a) |
| 7 | CHF2CH2F (HFC-143) |
| 8 | CF3CH3 (HFC-143a) |
| 9 | CH2FCH2F (HFC-152) |
| 10 | CH3CHF2 (HFC-152a) |
| 11 | (Repealed by FRLI No F2017L01645) |
| 12 | CF3CHFCF3 (HFC-227ea) |
| 13 | CH2FCF2CF3 (HFC-236cb) |
| 14 | CHF2CHFCF3 (HFC-236ea) |
| 15 | CF3CH2CF3 (HFC-236fa) |
| 16 | CH2FCF2CHF2 (HFC-245ca) |
| 17 | CHF2CH2CF3 (HFC-245fa) |
| 18 | CF3CH2CF2CH3 (HFC-365mfc) |
| 19 | CF3CHFCHFCF2CF3 (HFC-43-10mee) |
|
Column 1
Item |
Column 2
Substance |
| 1 | CF4 (PFC-14) |
| 2 | C2F6 (PFC-116) |
| 3 | C3F8 (PFC-218) |
| 4 | C4F10 (PFC-3-1-10) |
| 5 | c-C4F8 (PFC-318) |
| 6 | C5F12 (PFC-4-1-12) |
| 7 | C6F14 (PFC-5-1-14) |
| 8 | C10F18 (PFC-9-1-18) |
|
Column 1
Item |
Column 2
Substance |
| 1 | Sulfur hexafluoride (SF6) |
|
Column 1
Item |
Column 2
Substance |
| 1 | Nitrogen trifluoride (NF3) |
Regulation 5J
CHEMICAL COMPOUNDS
PART 1 - INTERPRETATION
1. In Parts 2, 3 and 4 a reference to a group of dialkylated chemicals, followed in parentheses by a list of alkyl groups, includes all possible combinations of the alkyl groups.
2. In Parts 2, 3 and 4 references to O-alkyl ( C10, including cycloalkyl) compounds include compounds in which the alkyl group is a saturated ring system (cycloalkyl group) or contains one or more saturated ring systems (cycloalkyl groups).
3. In Parts 2, 3 and 4 references to the terms ``alkyl'', ``cycloalkyl'', ``alkylated'', ``Me'' (methyl), ``Et'' (ethyl), ``n-Pr'' (n-propyl) and ``i-Pr'' (iso-propyl) (other than references to which item 2 of Part 2 applies):
| Column 1 | Column 2 | Column 3 |
| Item No | Chemical compound or group of compounds | CAS number |
| 1 | O-alkyl (≤C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates, including: | |
| (a) Sarin: O-isopropyl methylphosphonofluoridate; and | 107-44-8 | |
| (b) Soman: O-pinacolyl methylphosphonofluoridate | 96-64-0 | |
| 2 | O-alkyl (≤ C10, including cycloalkyl) N, N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates, including: | |
| (a) Tabun: O-ethyl N, N-dimethyl phosphoramidocyanidate | 77-81-6 | |
| 3 | O-alkyl (H or ≤ C10, including cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated and protonated salts, including: | |
| (a) VX: O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate | 50782-69-9 | |
| 4 | The following sulphur mustards: | |
| (a) 2-chloroethylchloro-methylsulphide | 2625-76-5 | |
| (b) Mustard Gas (H): bis (2-chloroethyl) sulphide | 505-60-2 | |
| (c) bis (2-chloroethylthio) methane | 63869-13-6 | |
| (d) Sesquimustard: 1,2-bis (2-chloroethylthio) ethane | 3563-36-8 | |
| (e) 1,3-bis (2-chloroethylthio)-n-propane | 63905-10-2 | |
| (f) 1,4-bis (2-chloroethylthio)-n-butane | 142868-93-7 | |
| (g) 1,5-bis (2-chloroethylthio)-n-pentane | 142868-94-8 | |
| (h) bis (2-chloroethylthiomethyl) ether | 63918-90-1 | |
| (i) O-Mustard (T): bis (2-chloroethylthioethyl) ether | 63918-89-8 | |
| 5 | The following Lewisites: | |
| (a) Lewisite 1: 2-chlorovinyldichloroarsine | 541-25-3 | |
| (b) Lewisite2: bis (2-chlorovinyl) chloroarsine | 40334-69-8 | |
| (c) Lewisite 3: tris (2-chlorovinyl) arsine | 40334-70-1 | |
| 6 | The following nitrogen mustards: | |
| (a) HN1: bis (2-chloroethyl) ethylamine | 538-07-8 | |
| (a) HN2: bis (2-chloroethyl) methylamine | 51-75-2 | |
| (a) HN3: tris (2-chloroethyl) amine | 555-77-1 | |
| 7 | Saxitoxin | 35523-89-8 |
| 8 | Ricin | 9009-86-3 |
| 9 | Alkyl (Me, Et, n-Pr, or i-Pr) phosphonyl difluorides, including: | |
| (a) DF: methylphosphonyl difluoride; and | 676-99-3 | |
| (b) ethyl phosphonyl difluoride | 753-98-0 | |
| 10 | O-alkyl (H or ≤ C10, including cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated and protonated salts, including: | |
| (a) QL: O-ethyl O-2-diisopropylaminoethyl methylphosphonite | 57856-11-8 | |
| 11 | Chlorosarin: O-isopropyl methylphosphonochloridate | 1445-76-7 |
| 12 | Chlorosoman: O-pinacolyl methylphosphonochloridate | 7040-57-5 |
| Column 1 | Column 2 | Column 3 |
| Item | Chemical compound or group of compounds | CAS number |
| A. Toxic chemicals | ||
| 1 | Amiton: O,O-diethyl S-[2-(diethylamino) ethyl] phosphorothiolate and corresponding alkylated and protonated salts. | 78-53-5 |
| 2 | PFIB: 1,1,3,3,3-pentafluoro-2-(trifluoromethyl)-1-propene | 382-21-8 |
| 3 | BZ: 3-quinuclidinyl benzilate* | 6581-06-2 |
| B. Precursors | ||
| 4 | Chemicals, except for those mentioned in Part 2, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, including: | |
| (a) methylphosphonyl dichloride | 676-97-1 | |
| (b) diethyl ethylphosphonate (phosphonic acid, ethyl-, diethyl ester) | 78-38-6 | |
| (c) methylphosphonic acid (phosphonic acid, methyl) | 993-13-5 | |
| (d) dimethyl methylphosphonate (phosphonic acid, methyl-, dimethyl ester) | 756-79-6 | |
| (e) phosphonic acid, methyl-, compounded with (aminoiminomethyl) urea (1:1) | 84402-58-4 | |
| but not including Fonofos: O-ethyl S-phenyl ethylphosphonothiolothionate | 944-22-9 | |
| 5 | N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides, including: | |
| (a) N,N-Dimethyl phosphoramidic dichloride | 677-43-0 | |
| 6 | Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates, including: | |
| (a) Diethyl N,N-Dimethylphosphoramidate | 2404-03-7 | |
| 7 | Arsenic trichloride (arsenous trichloride) | 7784-34-1 |
| 8 | 2,2-Diphenyl-2-hydroxyacetic acid (benzilic acid) | 76-93-7 |
| 9 | Quinuclidine-3-ol | 1619-34-7 |
| 10 | N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts, including: | |
| (a) N,N-diethylaminoethyl-2-chloride, hydrochloride | 869-24-9 | |
| (b) N,N-diethylaminoethyl-2-chloride | 100-35-6 | |
| (c) N,N-diisopropyl-2-aminoethyl-2-chloride hydrochloride | 4261-68-1 | |
| 11 | N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts, including: | |
| (a) 2-diisopropylaminoethanol | 96-80-0 | |
| but not including: | ||
| (b) N,N-dimethylaminoethanol and corresponding protonated salts | 108-01-0 | |
| (c) N,N-diethylaminoethanol and corresponding protonated salts | 100-37-8 | |
| 12 | N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts, including: | |
| (a) N,N-dimethylaminoethane-2-thiol hydrochloride | 13242-44-9 | |
| (b) N,N-diisopropylaminoethane-2-thiol hydrochloride | 41480-75-5 | |
| 13 | Thiodiglycol | 111-48-8 |
| 14 | Pinacolyl alcohol: 3,3-dimethylbutan-2-ol (2-butanol, 3,3-dimethyl-) | 464-07-3 |
| Column 1 | Column 2 | Column 3 |
| Item | Chemical compound or group of compounds | CAS number |
| 1 | Phosgene (carbonyl dichloride) | 75-44-5 |
| 2 | Cyanogen chloride | 506-77-4 |
| 3 | Hydrogen cyanide (hydrocyanic acid) | 74-90-8 |
| 4 | Chloropicrin (trichloronitromethane) | 76-06-02 |
| 5 | Phosphorus oxychloride (phosphoryl chloride) | 10025-87-3 |
| 6 | Phosphorus trichloride | 7719-12-2 |
| 7 | Phosphorus pentachloride (phosphorane, pentachloro) | 10026-13-8 |
| 8 | Trimethyl phosphite (phosphorous acid, trimethyl ester) | 121-45-9 |
| 9 | Triethyl phosphite (phosphorous acid, triethyl ester) | 122-52-1 |
| 10 | Dimethyl phosphite (phosphonic acid, dimethyl ester) | 868-85-9 |
| 11 | Diethyl phosphite (phosphonic acid, diethyl ester) | 762-04-9 |
| 12 | Sulphur monochloride (sulfur chloride - S2Cl2) | 10025-67-9 |
| 13 | Sulphur dichloride (sulfur chloride - SCl2) | 10545-99-0 |
| 14 | Thionyl chloride | 7719-09-7 |
| 15 | Ethyldiethanolamine | 139-87-7 |
| 16 | Methyldiethanolamine | 105-59-9 |
| 17 | Triethanolamine | 102-71-6 |
(subregulation 4U(1))
GOODS THE IMPORTATION OF WHICH IS PROHIBITED WITHOUT PERMISSION UNDER REGULATION 4U
| Item | Description of Goods |
| 1 | Glucomannan in tablet form |
| 2 | Goods known as "Klunk Klip", "Comfix" and "Auto Comfort" seat belt accessories and similar goods that are designed to induce and maintain slack in retractor seat belts |
| 3 | Goods known as "Autotrend Sun Filter" and similar goods that do not comply with Australian Design Rule No. 11 for internal sun visors |
| 4 | Toys that have been marketed under the following names:
(a) "Skateboard Smackup" or "Skateboard Smackups"; (b) "Garbage Pail Kids"; (c) "Krazy Kookie Balls"; (d) "Weird Balls"; (e) "Foul Ball"; (f) "Mad Ball" or "Mad Balls"; (g) "Trash Head Spitballs"; (h) "Gross Out Grunkies"; (i) "Kuddlee Uglee"; (j) "Super Dough Squeezers"; (k) "Rude Ralph" or "Rude Ralph Gang" |
| 5 | Chewing tobacco, and snuffs intended for oral use, imported in an amount weighing more than 1.5 kilograms |
| 6 | An underwater breathing apparatus known as "Diveman" or similar devices consisting of an air pump, powered by the user's legs, that supplies air drawn down from the water's surface to the user in a compressed state dependent on the user's effort |
| 7 | A device to enable a water skier to be released quickly in the event of a mishap in the water, and marketed under the name of "QUICKIE Line Release" |
| 8 | (Repealed by FRLI No F2019L00365) |
| 9 | Candles with wicks that contain greater than 0.06% lead by weight |
| 10 | Candle wicks containing greater than 0.06% lead by weight |
| 11 | A jelly confectionery product that:
(a) contains the ingredient "konjac" (also known as glucomannan, conjac, konnyaku, konjonac, taro powder and yam flour); and (b) is supplied in a container that has a height or width of less than or equal to 45mm; including a product marketed using the expression "mini-cup". |
(regulation 4H)
REQUIREMENTS FOR THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS
PART 1 - TESTS 1 Official purposes test 1.1The importation of a good complies with the official purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
1.2
The Minister or an authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) the good 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 good are, or will be, in accordance with subitem 1.5; and
(c) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used - the importer holds a licence or authorisation of that kind.
1.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 1.2.
1.4
For paragraph 1.2(a), examples of a good the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:
(a) a good to be supplied to the government under a contract in force when the good is to be imported; and
(b) a good to be shown to the government to demonstrate its uses; and
(c) a good that the government proposes to inspect, test or evaluate; and
(d) a good that the government proposes to use for training; and
(e) a good 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.
1.5
For paragraph 1.2 (b), the ownership arrangements for a good are set out in the following table:
| Item | Article | Ownership arrangements |
| 1 | A good 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 good at the time of importation; or (ii) the government must intend to acquire ownership of the good within a period that the Minister or an authorised person considers appropriate (to be specified in the permission); (b) the government must retain ownership of the good until: (i) the good is disposed of to another such government, or to the government of a foreign country; or (ii) the good is destroyed. |
| 2 | A good 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 good may be owned by any person
Note See item 1 of Part 3 of this Schedule |
| 3 | A good that has been given or donated to the government of the Commonwealth, a State or a Territory | All of the following:
(a) the good must have been given or donated to the government before importation; (b) the government must own the good at the time of importation; (c) the government must retain ownership of the good until: (i) the article is disposed of to another such government, or to the government of a foreign country; or (ii) the good is destroyed. |
| 4 | Any other good imported for the purposes of the government of the Commonwealth, a State or a Territory | The government must:
(a) own the good at the time of importation; and (b) retain ownership of the good until: (i) the good is disposed of to another such government, or to the government of a foreign country; or (ii) the good is destroyed. |
| 5 | A good 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 good at the time of importation; or (ii) intend to acquire ownership of the article within a period that the Minister or an authorised person considers appropriate (to be specified in the permission); and (b) retain ownership of the good until: (i) the good 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 good is destroyed. |
Note:
See item 1 of Part 3.
2 Specified purposes test 2.1
The importation of a good complies with the specified purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
2.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) the good is to be imported in the following circumstances:
(i) the good is of a type not available in Australia;
(ii) the good is to be imported for use in connection with the production of a film;
(iii) the good is not being imported for use in an advertisement, a music video or another type of film promoting music or a product;
(iv) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used - the importer holds a licence or authorisation of that kind; or
(b) the good is ammunition or a component of ammunition (other than ammunition or a component of ammunition mentioned in Schedule 6) 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
(c) the good is to be imported in the following circumstances:
(i) the good 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 good 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) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory where the good is to be repaired, modified or tested, or used in training, manufacture, assembly, research or development - the imported holds a licence or authorisation of that kind;
(iv) if the exportation of the good 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
(d) the good is a flamethrower, or similar device, of a kind mentioned in item 46 of Part 2 of this Schedule, or a part mentioned in item 47 of that Part, to be imported in the following circumstances:
(i) either:
(A) for use in an entertainment production or performance approved by the State or Territory in which the good is to be used; or
(B) for the purpose of fire prevention or fire control activities approved by the State or Territory in which the good is to be used;
(ii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the good is to be used - the importer holds a licence or authorisation of that kind; or
(e) the good is to be imported in the following circumstances:
(i) the good is to be imported for use in a sanctioned activity;
(ii) the good is owned by the defence force or a law enforcement agency of a foreign country;
(iii) the good is to be imported by the defence force or law enforcement agency that owns the good, or a member of that defence force or law enforcement agency to whom the good 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 good 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
(f) the good is to be imported in the following circumstances:
(i) the importer's principal or sole occupation is the business of researching or developing weapons technology or other defence and law enforcement related products;
(ii) the importer has a proven history of developing or producing weapons technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;
(iii) if the importer is required to hold a licence or authorisation to possess the good for research or development purposes in the State or Territory in which the good is to be used - the importer holds a licence or authorisation of that kind.
(iv) the good:
(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 a certified buyer or 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 good 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 or authorised person is satisfied that the good will be secured appropriately in Australia.
Examples of a film for subparagraph 2.2(a)(ii)
• a cinematographic film • a film or documentary made specifically for television, DVD or other electronic media • a television program or series.
2.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 2.2.
3 Specified person test 3.1
The importation of a good complies with the specified person test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
3.2
The Minister or authorised person may give written permission for the importation of the good only if:
(a) for a good mentioned in item 41 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(i) the good is imported for use in the importer's employment;
(ii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed - the importer holds a licence or authorisation of that kind;
(iii) the good will be secured appropriately in Australia;
(iv) the quantity imported is for personal use; or
(b) for a good mentioned in item 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(i) the importer's principal or only occupation is as a licensed security guard;
(ii) the good is imported for use in the importer's employment;
(iii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed - the importer holds a licence of authorisation of that kind;
(iv) the good will be secured appropriately in Australia;
(v) the quantity imported is for personal use; or
(ba) for a good mentioned in item 41, 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(i) the importer of the good is a person who has a legitimate use for the good;
(ii) the good will be imported for the use mentioned in subparagraph (i);
(iii) if the good is imported for sale by the importer and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(iv) if a person is required to hold a licence or authorisation to possess the good in the State or Territory in which the person possesses the good - the good will be sold only to a person who holds the licence or authorisation;
(v) the good will be secured appropriately in Australia; or
(c) for a good mentioned in item 44 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:
(i) the importer of the good is a person who has a legitimate use for the good;
(ii) the good will be imported for the use mentioned in subparagraph (i);
(iii) if the good is imported for sale by the importer and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(iv) if the good is imported for use by the importer:
(A) the quantity imported is for personal use; and
(B) if the importer is required to hold a licence or authorisation to use the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(v) the good will be secured appropriately in Australia; or
(d) for a good mentioned in item 45 of Part 2 of this Schedule (anti-personnel sprays etc.) - the Minister or authorised person is satisfied of the following:
(i) the good is imported for use by a person that has entered into a contract for the use of the good with the government of the Commonwealth, a State or a Territory;
(ii) the contract is in force;
(iii) if the importer is required to hold a licence or authorisation to possess the good in a State or Territory for the purpose of supplying the good to the person - the importer holds a licence or authorisation of that kind;
(iv) if a person is required to hold a licence or authorisation to possess or use the good in a State or Territory for the purposes of the contract - the person holds a licence or authorisation of that kind;
(v) the good will be secured appropriately in Australia.
3.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 3.2.
4 Dealer test 4.1
The importation of a good complies with the dealer test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
4.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied that:
(a) if the importer is required to hold a licence or authorisation to deal in the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind; and
(b) it is appropriate for the importer to hold the good for stock purposes, having regard to matters including:
(i) the importer's experience supplying similar goods to the government of the Commonwealth, and the governments of the States and Territories; and
(ii) the importer's compliance with the laws of those governments relating to dealing in such goods.
4.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 4.2.
5 Returned goods test 5.1
The importation of a good complies with the returned goods test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
5.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied:
(a) that:
(i) the good has previously been exported, and is not currently in Australia; and
(ii) the most recent exportation of the good was in accordance with a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, or the importer has provided written evidence that its most recent exportation was lawful; and
(iii) the last importation (if any) of the good before the export:
(A) was a lawful importation; and
(B) was not subject to a condition that the good was to be exported after importation; and
(iv) the good has not been modified since its most recent exportation; and
(v) if the good was previously exported in a deactivated condition - the good has not been reactivated since the export; and
(vi) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind; or
(b) that:
(i)the good is currently in Australia; and
(ii) if the exportation of the good would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission is in force, and the good has not been modified since the permission was granted; and
5.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 5.2.
5.4
In this item:
modified
does not include repair.
6 6 Police certification test
The importation of a good complies with the police certification test if, before the importation of the good, the importer of the good was given a statement, in an approved form, by a relevant police representative (within the meaning of item 1B of Part 4 of Schedule 6) to the effect that:
(a) the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the good; or
(b) a licence or authorisation to possess the good is not required under the law of the relevant State or Territory.
Note:
The importer can produce the statement personally or by an agent, for example a firearm dealer.
7 Collectors and non-government museum test 7.1The importation of a good complies with the collectors and non-government museum test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
7.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied of the following:
(a) the good is inert and has been deactivated;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
7.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 7.2.
8 Historical items test 8.1
The importation of a good complies with the historical items test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.
8.2
The Minister or authorised person may give written permission for the importation of the good only if the Minister or authorised person is satisfied of the following:
(a) the good has historical significance as a pre-1900 weapon;
(b) the value and condition of the good would preclude it from being used as a functional weapon;
(c) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which theimporter lives - the importer holds a licence or authorisation of that kind;
(d) the importer is a current member of a historical club or association for goods of the type being imported;
(e) the good will be secured appropriately in Australia.
8.3
If an authorised person forms an opinion that the permission should not be granted:
(a) the authorised person must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission under subitem 8.2.
9 Public interest test 9.1
The importation of a good complies with the public interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
9.2
The Minister may give written permission for the importation of the good if the Minister is satisfied of the following:
(a) it is in the public interest to allow the good to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
10 National interest test 10.1
The importation of a good complies with the national interest test if, at or before importation, the Minister gives written permission under this item for the importation of the good.
10.2
The Minister may give written permission for the importation of the good if the Minister is satisfied of the following:
(a) it is in the national interest to allow the good to be imported;
(b) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;
(c) the good will be secured appropriately in Australia.
| Item | Weapons and weapon parts | Requirements |
| 1 | Any of, or any combinationof, the following appliances or equipment that has been designed or adapted for warfare or like purposes other than appliances or equipment that:
(a) is modified or decorated by soldiers, prisoners of war or civilians for use as souvenirs or household ornaments (commonly known as Trench Art); and (b) is not able to be restored to its original use Dazzle or decoy devices Equipment designed or adapted for the making of smoke screens Explosives or incendiary materials Flamethrowers Gases, liquids, powders, gels or other substances designed for the purpose of killing or incapacitating persons, and devices or apparatus designed or adapted for use with those goods Grenades of any type, whether charged or not Large calibre armament, weapons, launchers, throwers and projectors, whether or not mounted on vehicles, ships or aircraft that are designed for grenades, bombs, rockets or any other missile, ammunition or substance, including the following: (a) cannon; (b) guns, including self-propelled guns; (c) howitzers; (d) mortars; (e) projectile launchers; (f) recoilless rifles; (g) tank destroyers Mines (whether charged or not) Projectiles, bombs, rockets or any other missile, ammunition (other than ammunition to which Part 2 of Schedule 6 applies) or substance (whether charged or not) Trip flares Parts, accessories and components (other than components of ammunition to which Part 2 of Schedule 6 applies) designed or adapted for, or for use with, any of the goods to which this item applies |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the collectors and non-government museum test; (e) the returned goods test; (f) the public interest test; (g) the national interest test |
| 1A | Military vehicles, military aircraft and military vessels within the following categories:
(a) battle tanks; (b) armoured combat vehicles; (c) combat aircraft; (d) attack helicopters; (e) warships |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the returned goods test; (d) the collectors and non-government museum test; (e) the public interest test; (f) the national interest test. |
| 2 | Daggers or similar devices, being sharp-pointed stabbing instruments (not including swords or bayonets):
(a) ordinarily capable of concealment on the person; and (b) having: (i) a flat blade with cutting edges (serrated or not serrated) along the length of both sides; or (ii) a needle-like blade, the cross section of which is elliptical or has three or more sides; and (c) made of any material |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 3 | Hand-held electric devices that are designed to administer an electric shock on contact, other than the following devices:
(a) cattle prods designed exclusively for use with animals; (b) hand-held electronic bug zappers that: (i) are powered by a storage battery capacity not exceeding 6 volts; and (ii) have the electrified grid shielded to prevent contact with the live component (c) (Repealed by SLI No 241 of 2015) |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 4 | Parts for hand-held electric devices to which item 3 applies | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 5 | Acoustic anti-personnel devices that are designed:
(a) to cause permanent or temporary incapacity or disability to a person; or (b) to otherwise physically disorientate a person |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 6 | Hand-held battery-operated devices designed to discharge a gas or liquid | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 7 | Blow-guns or blows-pipes that are capable of projecting a dart, or other devices that consist of a pipe or tube through which a missile in the form of a dart is capable of being projected by:
(a) the exhaled breath of the user; or (b) another means other than an explosive |
The importation must comply with at least one of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 8 | Darts capable of being projected from:
(a) a blow-gun or blow-pipe; or (b) another device that consists of a pipe or tube through which a missile in the form of a dart is capable of being projected by: (i) the exhaled breath of the user; or (ii) another means other than an explosive |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 9 | Nunchakus or similar devices | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 10 | Crossbows or similar devices that, when discharged, are capable of causing:
(a) damage to property; or (b) bodily harm; other than toy crossbows |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 11 | Parts for crossbows or similar devices to which item 10 applies | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 12 | Ballistic knives, being knives that discharge a blade as a projectile by a spring mechanism or other means. | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test. |
| 13 | Parts of ballistic knives described in item 12 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test. |
| 14 | Automatic knives that have a blade folded or recessed into the handle which are designed or adapted to open automatically by pressure applied to any spring, device, stud or button in or attached to the handle or blade of the knife, including knives commonly known as flick knives, switchblades or assisted opening knives | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 15 | Parts for automatic knives described in item 14 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 16 | (Repealed by SLI No 241 of 2015) | |
| 17 | (Repealed by SLI No 241 of 2015) | |
| 18 | Knuckle-dusters or similar devices that can be fitted over the knuckles of the hand of the user:
(a) to protect the knuckles; and (b) to increase the effect of a punch or other blow; whether the device has been manufactured for those purposes or adapted for those purposes |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 19 | Gloves, or similar coverings for the hand, incorporating protrusions designed to puncture or bruise the skin | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 20 | Goods incorporating:
(a) a concealed knife of any length, made of any material; or (b) a concealed blade of any length, made of any material; or (c) a concealed spike of any length, made of any material |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 21 | Hunting slings, catapults, sling shots or similar devices designed for use with, or a component part of which is:
(a) a brace that: (i) fits or rests upon the forearm or upon another part of the body of the user; and (ii) supports the wrist or forearm against the tensions of any material used to propel a projectile; or (b) a tensioning, locking or triggering device, or similar component, designed or adapted to assist in propelling a projectile |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 22 | Parts for hunting slings, catapults, sling shots or similar devices described in item 21 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test |
| 23 | Star knives or similar devices:
(a) consisting of more than one angular point, blade or spike, disposed outwardly about a central axis point; and (b) designed to spin around the central axis point in flight when thrown at a target; and (c) made of any material |
The importation must comply with at least one of the following tests: (a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test. |
| 24 | Sheath knives or similar devices:
(a) having a sheath which withdraws into its handle: (i) by inertia, gravity or centrifugal force; or (ii) if pressure is applied to a button, spring or device attached to or forming part of the sheath, handle or blade of the knife; and (b) made of any material |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 25 | Parts for sheath knives or similar devices described in item 24 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 26 | Push knives or similar devices:
(a) designed as weapons that consist of a single-edged or multi-edged blade or spike that: (i) has a handle fitted transversely to the blade or spike; and (ii) allows the blade or spike to be supported by the palm of the hand so that stabbing blows or slashes can be inflicted by a punching or pushing action; and (b) made of any material |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 27 | Trench knives or similar devices that consist of a single-edged or multi-edged blade or spike:
(a) fitted with a handle made of any hard substance that can be fitted over the knuckles of the hand of the user: (i) to protect the knuckles; and (ii) to increase the effect of a punch or blow; and (b) made of any material; hether the device has been manufactured for those purposes or adapted for those purposes |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 28 | Parts for trench knives or similar devices described in item 27 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 28A | Karambits or similar devices | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 29 | Throwing blades, throwing knives, throwing axes or similar devices:
(a) designed or modified to be thrown; and (b) made of any material |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the police certification test Federal Register |
| 30 | Knives, blades, spikes or similar devices which are neither metallic nor ceramic, other than plastic cutlery | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 31 | Hand or foot claws or similar devices, being goods consisting of claws that are made or modified to be attached to or worn on the hands or feet | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 32 | Weighted gloves or similar goods (including a fingerless glove) consisting of a weighted glove designed or constructed to be used as a weapon | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 33 | Butterfly knives, devices known as 'balisongs', or other devices that consist of a single-edge or multi-edged blade or spike that:
(a) fits within 2 handles attached to the blade or spike by transverse pivot pins; and (b) is capable of being opened by inertia, gravity or centrifugal force |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test. |
| 34 | Parts for butterfly knives, devices known as 'balisongs', or other devices described in item 33 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 35 | Shark darts or similar devices that are designed to expel, on or after contact, a gas or other substance capable of causing bodily harm | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 36 | Parts for shark darts or similar devices described in item 35 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 37 | Dart projectors known as 'darchery dartslingers' or similar devices that are designed to project a dart by means of an elasticised band | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 38 | Parts for dart projectors known as 'darchery dartslingers' or similar devices described in item 37 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (e) the public interest test; (f) the national interest test |
| 39 | Maces or similar goods:
(a) capable of causing injury; and (b) consisting of a club or staff fitted with a flanged or spiked head; other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (da) the police certification test; (e) the historical items test; (f) the public interest test; (g) the national interest test. |
| 40 | Flails or similar goods consisting of a staff or handle that has fitted to one end, by any means, a freely swinging striking part armed with spikes or studded with any protruding matter | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the dealer test; (d) the returned goods test; (da) the police certification test; (e) the historical items test; (f) the public interest test; (g) the national interest test |
| 41 | Body armour, or any other similar goods:
(a) designed for anti-ballistic or anti-fragmentation purposes; and (b) designed to be worn on any part of the human body. However, this item does not apply to the following: (a) helmets; (b) anti-ballistic articles designed for eye or hearing protection; (c) vests or plate carriers with no anti-ballistic or anti-fragmentation protection. |
The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the dealer test; (e) the returned goods test; (ea) the police certification test; (f) the historical items test; (g) the public interest test; (h) the national interest test |
| 42 | Extendable or telescopic batons, or similar devices, designed or adapted so that the length of the baton extends by inertia, gravity, centrifugal force or pressure applied to a button, spring or device in or attached to the handle or baton. | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the dealer test; (e) the returned goods test; (ea) the police certification test; (f) the public interest test; (g) the national interest test |
| 43 | Parts for extendable or telescopic batons, or similar devices, described in item 42 | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the dealer test; (e) the returned goods test; (ea) the police certification test; (f) the public interest test; (g) the national interest test |
| 44 | Hand-held goods, commonly known as laser pointers, or similar devices, designed or adapted to emit a laser beam with an accessible emission level of greater than 1 mW | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the dealer test; (e) the returned goods test; (ea) the police certification test; (f) the public interest test; (g) the national interest test |
| 45 | Anti-personnel sprays and chemicals for use in the manufacture of anti-personnel sprays; grenades or canisters, designed for use with anti-personnel sprays or anti-personnel chemicals | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the specified person test; (d) the dealer test; (e) the returned goods test; (f) the public interest test; (g) the national interest test. |
| 46 | Flamethrowers or similar devices (other than those to which item 1 applies), including hand-held or portable flamethrowers or flame projectors | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the public interest test; (d) the national interest test |
| 47 | Parts for flamethrowers or similar devices to which item 46 applies | The importation must comply with at least one of the following tests:
(a) the official purposes test; (b) the specified purposes test; (c) the public interest test; (d) the national interest test |
The importation, in accordance with the official purposes test, of a good to be supplied under a contract to the government of the Commonwealth, a State or a Territory, or exported under a contract to the government of a foreign country, is subject to the following conditions:
(a) if the government does not acquire ownership of the good in the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.2
The importation, in accordance with the official purposes test, of a good to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.3
The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.4
The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:
(a) unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
1.5
The importation, in accordance with the official purposes test, of a good that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:
(a) the good must be exported within the period, after importation, mentioned in the permission;
(b) the importer must comply with any condition or requirement specified, in relation to the good, in the permission.
2 2 Specified purposes test
The importation of a good in accordance with the specified purposes test is subject to the condition that the importer of the good must:
(a) unless the good has been destroyed, export the good within the period, after importation, mentioned in the permission; and
(b) comply with any condition or requirement specified, in relation to the good, in the permission. 3 Dealer test 3.1
The importation of a good in accordance with the dealer test is subject to the condition that the importer must retain possession of the good until the importer disposes of the good by:
(a) selling the good in accordance with subitem 3.2; or
(b) exporting the good in compliance with the Act (including any regulations or other instruments made under the Act); or
(c) destroying the good.
3.2
For paragraph 3.1(a), the good may be sold to any of the following:
(a) a government of the Commonwealth, a State or a Territory;
(b) a person with a contract for the sale of the good in force with such a government at the time of transfer of ownership of the good to the person;
(c) a certified buyer for the good.
For this Schedule, authorised person means a person authorised in writing by the Minister for the purposes of this Schedule. 2 2 Meaning of certified buyer
For this Schedule, a person is a certified buyer , if the Minister or an authorised person certifies, in writing, that the Minister or authorised person is satisfied that:
(a) the person intends to buy the good from a person who is licensed to deal with the good; and
(b) the good is for the purposes of the government of the Commonwealth, or a State or Territory; and
(c) the government will retain ownership of the good after buying it. 3 3 Meaning of sanctioned activity
In this Schedule, sanctioned activity has the same meaning as in Schedule 6 (see item 8 of Part 4 of that Schedule).