Definition of "Australia New Zealand Food Standards Code" inserted by FRLI No F2021L01615, reg 4 and Sch 1 item 1, effective 1 December 2021.
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;
Definition of "Australian Wool Research and Promotion Organisation Standard" repealed by SLI No 114 of 2014, reg 4 and Sch 1 item 1, effective 24 July 2014.
Definition of "Australian Wool Research and Promotion Organisation Standard" inserted by SR No 104 of 1994.
British Standard means a standard issued by the British Standards Institution established under Royal Charter;
Definition of "firearm part" inserted by SR No 91 of 1996.
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).
Definition of "imitation" inserted by SLI No 275 of 2010, reg 3, Sch 1(1) effective 19 November 2010.
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.
Definition of "International Tonnage Certificate (1969)" inserted by SLI No 199 of 2009, reg 3, Sch 1, item 1.
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;
Definition of "kava" amended by FRLI No F2019L01615, reg 4 and Sch 1 item 12, effective 17 December 2019.
Definition of "kava" inserted by SR No 285 of 1997.
licensed importer (Omitted by SR No 289 of 1991)
mercury means elemental mercury (Hg(0), CAS No. 7439-97-6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non-Minamata mercury.
Definition of "mercury" inserted by FRLI No F2021L01390, reg 4 and Sch 1 item 54, effective 7 March 2022.
Minamata Convention means the Minamata Convention on Mercury done at Minamata on 10 October 2013, as in force for Australia at the commencement of this definition.
Note:
The Convention could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Definition of "replica" omitted by SLI No 275 of 2010, reg 3, Sch 1(2), effective 19 November 2010.
Definition of "replica" inserted by SR No 228 of 1998.
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.
Definition of "tablet press" inserted by FRLI No F2020L00399, reg 4 and Sch 1 item 1, effective 1 May 2020.
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;
Reg 2(2) repealed by FRLI No F2019L01615, reg 4 and Sch 1 item 13, effective 17 December 2019.
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.
Reg 3(1) amended by SR No 91 of 1996, reg 3.1, effective 5 June 1996.
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]
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.
Reg 3AA inserted by SR No 206 of 2002, Sch 1, item 1, effective 6 September 2002.
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:
(i)
Brunei Darussalam;
(ii)
Canada;
(iia)
Japan;
(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.
Reg 3A amended by FRLI No F2023L00995, reg 4 and Sch 1 item 2, effective 13 August 2023.
Reg 3A amended by FRLI No F2019L01047, reg 4 and Sch 1 items 1 and 2, effective 10 August 2019.
Reg 3A amended by SLI No 233 of 2011, reg 3 and Sch 1 items 1-2, effective 14 December 2011.
Reg 3A amended by SR No 89 of 2003, s 3, Sch 1[1], effective 22 May 2003.
Reg 3A amended by SR No 275 of 1999, s 3 and Sch 1, items 1 and 2, effective 12 November 1999; SR No 217 of 1999, s 3 and Sch 1, items 1 and 2, effective 17 September 1999; and SR No 91 of 1996, reg 4, effective 5 June 1996.
Reg 3A inserted by SR No 89 of 1995, reg 2.1, effective 12 May 1995.
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)
Reg 3B repealed by FRLI No F2019L01047, reg 4 and Sch 1 item 3, effective 10 August 2019.
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.
Reg 3C(1) amended by FRLI No F2016L00704, reg 4 and Sch 1 item 1, effective 10 May 2016.
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.
Reg 3C amended by SLI No 233 of 2011, reg 3 and Sch 1 items 5-6, effective 14 December 2011.
Reg 3C substituted by SR No 309 of 2003, reg 3, Sch 1, item 1.
Reg 3C inserted by SR No 213 of 2000, r 3 and Sch 1, item 1.
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.
Reg 3D amended by FRLI No F2018L00503, reg 4 and Sch 1 item 13, effective 21 April 2018.
Reg 3D amended by SLI No 241 of 2015, reg 4 and Sch 1 item 2, effective 15 December 2015.
Reg 3D inserted by SLI No 168 of 2013, reg 4 and Sch 1 item 2, effective 13 July 2013.
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:
(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.
Reg 3E inserted by SLI No 241 of 2015, reg 4 and Sch 1 item 3, effective 15 December 2015.
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).
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.
Reg 3F inserted by SLI No 241 of 2015, reg 4 and Sch 1 item 3, effective 15 December 2015.
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.
Reg 4(1AAC) repealed by SLI No 233 of 2011, reg 3 and Sch 1 item 8, effective 14 December 2011.
Reg 4(1AAC) amended by SR No 309 of 2003 and inserted by SR No 213 of 2000.
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.
Definition of "authorised officer" inserted by FRLI No F2019L00594, reg 4 and Sch 1 item 18, effective 1 May 2019.
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;
Definition of ``computer game'' inserted by SR No 403 of 1995, reg 3.3, effective 19 December 1995.
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;
Definition of ``computer generated image'' inserted by SR No 403 of 1995, reg 3.3, effective 19 December 1995.
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;
Definition of ``film'' amended by SR No 403 of 1995, reg 3.1, effective 19 December 1995.
interactive game means a game in which the way 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;
Definition of "responsible Minister" inserted by FRLI No F2019L00594, reg 4 and Sch 1 item 18, effective 1 May 2019.
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.
Definition of "terrorist act" inserted by SLI No 347 of 2007, reg 3 and Sch 1 item 1, effective 20 October 2007.
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.
Reg 4A(1A) amended by SLI No 209 of 2012, reg 4 and Sch 2 item 1, effective 1 January 2013.
Reg 4A(1A) amended by SLI No 347 of 2007, reg 3 and Sch 1 items 2 and 3, effective 20 October 2007.
Reg 4A(1A) amended by SLI No 17 of 2005, reg 3, Sch 1, item 1, effective 1 March 2005.
Reg 4A(1A) amended by SR No 403 of 1995, reg 3.5, effective 1 January 1996; substituted by SR No 403 of 1995, reg 3.4, effective 19 December 1995; and amended by SR No 15 of 1995, SR No 289 of 1991 and SR No 39 of 1990.
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.
Reg 4A(1AA) inserted by SLI No 209 of 2012, reg 4 and Sch 2 item 2, effective 1 January 2013.
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, promote, encourage 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 substantial 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.
Reg 4A(1B) amended by FRLI No F2020L01046, reg 4 and Sch 1 items 5 and 6, effective 27 August 2020.
Reg 4A(1B) inserted by SLI No 347 of 2007, reg 3 and Sch 1 item 4, effective 20 October 2007.
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.
The importation of goods to which this regulation applies is prohibited unless:
(a)
a written permission to import the goods has been granted by the responsible Minister or an authorised person; or
(b)
the goods are being imported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).
Reg 4A(2) substituted by FRLI No F2020L01046, reg 4 and Sch 1 item 7, effective 27 August 2020.
Reg 4A(2) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 19, effective 1 May 2019.
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.
Reg 4A(2A) amended by FRLI No F2019L00594, reg 4 and Sch 1 items 21 and 22, effective 1 May 2019.
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.
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.
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.
Reg 4A(5) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 25, effective 1 May 2019.
Reg 4A(5) inserted by SR No 39 of 1990, effective 27 February 1990.
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).
Reg 4A(7) inserted by SR No 39 of 1990, effective 27 February 1990.
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.
Reg 4A(8) inserted by SR No 39 of 1990, effective 27 February 1990.
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.
Reg 4A(9) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 25, effective 1 May 2019.
Reg 4A(9) inserted by SR No 39 of 1990, effective 27 February 1990.
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.
Reg 4A(10) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 25, effective 1 May 2019.
Reg 4A(10) inserted by SR No 39 of 1990, effective 27 February 1990.
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.
Reg 4A(12) inserted by SR No 39 of 1990, effective 27 February 1990.
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.
Reg 4AA(1) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 26, effective 1 May 2019.
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.
Reg 4AA(2) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 27, effective 1 May 2019.
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;
Reg 4AA(4) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 28, effective 1 May 2019.
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.
Reg 4AA(6) amended by SLI No 241 of 2015, reg 4 and Sch 1 item 4, effective 15 December 2015.
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.
S 4AA inserted by SLI No 246 of 2007, reg 3 and Sch 1 item 1, effective 25 August 2007.
Former s 4AA omitted by SR No 286 of 1992.
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.
Reg 4AB(3) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 32, effective 1 May 2019.
REGULATION 4AC
IMPORTATION OF MERCURY
4AC(1)
Subject to subregulation (2), the importation of mercury into Australia is prohibited unless:
(a)
a permission to import the mercury has been granted in writing under any of the following:
(i)
the Agricultural and Veterinary Chemicals (Administration) Regulations 1995;
(ii)
the Industrial Chemicals (General) Rules 2019;
(iii)
the Therapeutic Goods Regulations 1990; and
(b)
the permission is produced to a Collector.
4AC(2)
Subregulation (1) does not apply to the importation of mercury from a Party to the Minamata Convention.
Reg 4AC inserted by FRLI No F2021L01390, reg 4 and Sch 1 item 55, effective 7 March 2022.
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.
Reg 4B(1) substituted by SR No 4 of 1998, reg 2.1.
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.
Reg 4B(2A) inserted by SR No 214 of 2000, r 3 and Sch 1, item 1.
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.
Reg 4B(3) amended SR No 32 of 2000, s 3 and Sch 1, item 3; and by SR No 4 of 1998, reg 2.3.
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.
Reg 4BA(1) amended by SLI No 90 of 2015, reg 4 and Sch 2 item 97, effective 1 July 2015.
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.
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:
(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.
Reg 4C(1) amended by FRLI No F2019L00365, reg 4 and Sch 1 items 14 and 15, effective 26 March 2019.
Reg 4C(1) amended by SLI No 199 of 2009, reg 3, Sch 1, items 2 and 3, effective 15 August 2009.
Reg 4C(1) amended by SLI No 65 of 2008, reg 1 and Sch 1, item 1, effective 3 May 2008.
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.
Reg 4C(2) substituted by FRLI No F2019L00365, reg 4 and Sch 1 item 16, effective 26 March 2019.
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.
Reg 4C(3) substituted by FRLI No F2019L00365, reg 4 and Sch 1 item 16, effective 26 March 2019.
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.
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:
(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.
Reg 4D(1) amended by FRLI No F2018L00459, reg 4 and Sch 4 items 2 and 3, effective 4 April 2018.
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.
Reg 4D(5) amended by FRLI No F2018L00459, reg 4 and Sch 4 item 3, effective 4 April 2018.
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.
Reg 4D inserted by SR No 261 of 2004, reg 3, Sch 1, item [1], effective 26 august 2004.
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:
(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:
Subregulation 4(2) prohibits the importation of chewing tobacco and snuffs intended for oral use unless certain conditions and restrictions are complied with (see Schedule 3).
Reg 4DA(2) amended by FRLI No F2024L00416, reg 4 and Sch 2 item 1, effective 1 April 2024.
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.
Reg 4DA inserted by FRLI No F2019L00352, reg 4 and Sch 1 item 1, effective 1 July 2019.
REGULATION 4DB
IMPORTATION OF PERSONAL NICOTINE VAPORISERS
Importation of personal nicotine vaporisers by post is prohibited absolutely
4DB(1)
The importation of a personal nicotine vaporiser into Australia by post is prohibited absolutely.
Importation of personal nicotine vaporisers by any other means without permission is prohibited
4DB(2)
The importation of a personal nicotine vaporiser into Australia by any other means is prohibited unless:
(a)
a permission to import the personal nicotine vaporiser has been granted in writing by the Secretary or an authorised person; and
(b)
the permission is produced to the Collector.
Exemption from prohibition
4DB(3)
Despite subregulation (2), a personal nicotine vaporiser may be imported into Australia by a person who is a passenger on board a ship or aircraft if:
(a)
vaporiser nicotine is required for the medical treatment of the person or of another passenger under the care of the person; and
(b)
the vaporiser nicotine is for use in the personal nicotine vaporiser; and
(c)
the use of the vaporiser nicotine in the personal nicotine vaporiser was prescribed by a medical practitioner for the purposes of that treatment; and
(d)
the vaporiser nicotine in the personal nicotine vaporiser was supplied to the person in accordance with the prescription of the medical practitioner referred to in paragraph (c).
Application for permission
4DB(4)
A medical practitioner or sponsor may apply, in writing, for a permission under subregulation (2) to import a personal nicotine vaporiser. The application must:
(a)
be lodged with the Secretary or an authorised person; and
(b)
if the applicant is a medical practitioner-include a copy of an approval granted to the applicant under subsection 19(1) of the Therapeutic Goods Act 1989 that allows the applicant to import into Australia vaporiser nicotine for use:
(i)
in the personal nicotine vaporiser; and
(ii)
in the treatment of a person named in the application; and
(c)
if the applicant is a medical practitioner and paragraph (b) does not apply - include a copy of an authorisation granted to the applicant under subsection 19(5) of that Act that allows the applicant to supply vaporiser nicotine for use:
(i)
in the personal nicotine vaporiser; and
(ii)
in the treatment of a class of persons specified in the authority, being a class that covers a person named in the application; and
(d)
if the applicant is a sponsor - state that the application is being made on the basis that:
(i)
the personal nicotine vaporiser is a therapeutic good mentioned in column 2 of item 1 in Schedule 5A to the Therapeutic Goods Regulations 1990; and
(ii)
the conditions mentioned in column 3 of that item will be complied with in respect of the personal nicotine vaporiser.
The applicant must give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
4DB(5)
In considering whether to grant a permission, the Secretary or authorised person may consider any relevant matter.
4DB(6)
However, the Secretary or authorised person must not grant a permission unless the applicant gives all the information the Secretary or authorised person requires under subregulation (4).
4DB(7)
If the Secretary or authorised person decides to grant a permission to import a personal nicotine vaporiser, the Secretary or authorised person must give written notice of the decision to the applicant.
4DB(8)
A permission granted under subregulation (7) may:
(a)
set out conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the personal nicotine vaporiser, to ensure that the personal nicotine vaporiser imported is only used for the purpose for which the permission is granted; and
(b)
in respect of any such condition or requirement, specify the time, whether before or after the personal nicotine vaporiser is imported, at which the condition or requirement is to be complied with by the holder of the permission.
4DB(9)
If a permission is granted by the Secretary or authorised person, the permission must set out:
(a)
both:
(i)
the name and address of the holder of the permission; and
(ii)
the name of the supplier and the supplier's physical address in the country from which the personal nicotine vaporiser was exported; and
(b)
the conditions or requirements to which the permission is subject (if any).
Note:
Failure to comply with a condition is an offence, see subsection 50(4) of the Act.
Revocation of permission
4DB(10)
The Secretary or authorised person may revoke a permission if the holder of the permission fails to comply with a condition or requirement of the permission.
Notice of decision to refuse or revoke permission
4DB(11)
If the Secretary or authorised person decides:
(a)
not to grant a permission; or
(b)
to revoke a permission;
the Secretary or authorised person must give the applicant or holder of the permission written notice of the decision as soon as practicable after making it.
4DB(12)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary 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.
4DB(13)
A notice under subregulation (7) or (11) 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.
Sunset of this regulation
4DB(14)
This regulation is repealed on 1 July 2021.
Definitions
4DB(15)
In this regulation:
authorised person means a person who is authorised in an instrument under subregulation (16).
Health Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
medical practitioner :
(a)
for the purposes of subregulation (3) - means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country; and
(b)
for the purposes of subregulation (4) - means a person authorised to practice as a medical practitioner under a law of a State or Territory.
personal nicotine vaporiser means a device that:
(a)
contains a cartridge, capsule or other container that contains vaporiser nicotine; and
(b)
is intended to produce a vapour or aerosol that is delivered into a person's body when the person inhales through the device.
Note:
Examples of devices that would be personal nicotine vaporisers are e-cigarettes, e-cigars, e-hookah pens, e-pens, e-pipes and vape pens.
Secretary means the Secretary of the Health Department.
sponsor has the same meaning as in the Therapeutic Goods Act 1989.
vaporiser nicotine means:
(a)
nicotine in a solution; or
(b)
nicotine in a salt or base form.
Note:
Vaporiser nicotine may also be described as nicotine vape liquid, nicotine e-liquid or simply e-liquid.
Authorised person instrument
4DB(16)
The Secretary may, in writing, authorise an APS employee in the Health Department for the purposes of the definition of authorised person in subregulation (15).
Reg 4DB inserted by FRLI No F2020L00791, reg 4 and Sch 1 item 1, effective 1 July 2020.
REGULATION 4DC
IMPORTATION OF VAPORISER NICOTINE
Importation of vaporiser nicotine by post is prohibited absolutely
4DC(1)
The importation of vaporiser nicotine into Australia by post is prohibited absolutely.
Importation of vaporiser nicotine by any other means without permission is prohibited
4DC(2)
The importation of vaporiser nicotine into Australia by any other means is prohibited unless:
(a)
a permission to import vaporiser nicotine has been granted in writing by the Secretary or an authorised person; and
(b)
the permission is produced to the Collector.
Exemption from prohibition
4DC(3)
Despite subregulation (2), vaporiser nicotine may be imported into Australia by a person who is a passenger on board a ship or aircraft if:
(a)
the vaporiser nicotine is for use in a personal nicotine vaporiser; and
(b)
the vaporiser nicotine is required for the medical treatment of the person or of another passenger under the care of the person; and
(c)
the use of the vaporiser nicotine was prescribed by a medical practitioner for the purposes of that treatment; and
(d)
the vaporiser nicotine was supplied to the person in accordance with the prescription for the use of the personal nicotine vaporiser, as referred to in paragraph (c); and
(e)
the quantity of the vaporiser nicotine imported is not more than 3 months' supply at the maximum dose recommended by the manufacturer.
Application for permission
4DC(4)
A person may apply, in writing, for a permission under subregulation (2) to import vaporiser nicotine. The application must:
(a)
be lodged with the Secretary or an authorised person; and
(b)
if the applicant is a medical practitioner - include a copy of an approval granted to the applicant under subsection 19(1) of the Therapeutic Goods Act 1989 that allows the applicant to import into Australia vaporiser nicotine for use in the treatment of a person named in the application; and
(c)
if the applicant is a medical practitioner and paragraph (b) does not apply - include a copy of an authorisation granted to the applicant under subsection 19(5) of that Act that allows the applicant to supply vaporiser nicotine for use in the treatment of a class of persons specified in the authority, being a class that covers a person named in the application; and
(d)
if the applicant is a sponsor - state that the application is being made on the basis that:
(i)
the vaporiser nicotine is a therapeutic good mentioned in column 2 of item 1 in Schedule 5A to the Therapeutic Goods Regulations 1990; and
(ii)
the conditions mentioned in column 3 of that item will be complied with in respect of the vaporiser nicotine; and
(e)
if the applicant is a person and paragraphs (b), (c) and (d) do not apply - state that the application is being made on the basis that:
(i)
the vaporiser nicotine is required for use by the applicant or another person solely for scientific purposes; or
(ii)
the vaporiser nicotine is required solely for industrial use by the applicant or another person.
The applicant must give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
4DC(5)
In considering whether to grant a permission, the Secretary or authorised person may consider any relevant matter.
4DC(6)
However, the Secretary or authorised person must not grant a permission unless the applicant gives all the information the Secretary or authorised person requires under subregulation (4).
4DC(7)
If the Secretary or authorised person decides to grant a permission to import vaporiser nicotine, the Secretary or authorised person must give written notice of the decision to the applicant.
4DC(8)
A permission granted under subregulation (7) may:
(a)
set out conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the vaporiser nicotine, or the personal nicotine vaporiser in which the vaporiser nicotine is to be used, to ensure that the vaporiser nicotine imported is only used for the purpose for which the permission is granted; and
(b)
in respect of any such condition or requirement, specify the time, whether before or after the vaporiser nicotine is imported, at which the condition or requirement is to be complied with by the holder of the permission.
4DC(9)
If a permission is granted by the Secretary or authorised person, the permission must set out:
(a)
both:
(i)
the name and address of the holder of the permission; and
(ii)
the name of the supplier and the supplier's physical address in the country from which the vaporiser nicotine was exported; and
(b)
the conditions or requirements to which the permission is subject (if any).
Note:
Failure to comply with a condition is an offence, see subsection 50(4) of the Act.
Revocation of permission
4DC(10)
The Secretary or authorised person may revoke a permission if the holder of the permission fails to comply with a condition or requirement of the permission.
Notice of decision to refuse or revoke permission
4DC(11)
If the Secretary or authorised person decides:
(a)
not to grant a permission; or
(b)
to revoke a permission;
the Secretary or authorised person must give the applicant or holder of the permission written notice of the decision as soon as practicable after making it.
4DC(12)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary 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.
4DC(13)
A notice under subregulation (7) or (11) 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.
Sunset of this regulation
4DC(14) This regulation is repealed on 1 July 2021.
Definitions
4DC(15)
In this regulation:
authorised person means a person who is authorised in an instrument under subregulation (16).
Health Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
medical practitioner :
(a)
for the purposes of subregulation (3) - means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country; and
(b)
for the purposes of subregulation (4) - means a person authorised to practice as a medical practitioner under a law of a State or Territory.
personal nicotine vaporiser means a device that:
(a)
contains a cartridge, capsule or other container that contains vaporiser nicotine; and
(b)
is intended to produce a vapour or aerosol that is delivered into a person's body when the person inhales through the device.
Note:
Examples of devices that would be personal nicotine vaporisers are e-cigarettes, e-cigars, e-hookah pens, e-pens, e-pipes and vape pens.
Secretary means the Secretary of the Health Department.
sponsor has the same meaning as in the Therapeutic Goods Act 1989.
vaporiser nicotine means:
(a)
nicotine in a solution; or
(b)
nicotine in a salt or base form.
Note:
Vaporiser nicotine may also be described as nicotine vape liquid, nicotine e-liquid or simply e-liquid.
Authorised person instrument
4DC(16)
The Secretary may, in writing, authorise an APS employee in the Health Department for the purposes of the definition of
authorised person in subregulation (15).
Reg 4DC inserted by FRLI No F2020L00791, reg 4 and Sch 1 item 1, effective 1 July 2020.
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).
Reg 4E(1) amended by SR No 289 of 1991, r 4, effective 17 September 1991.
4E(2)
[Prescribed solution]
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) 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.
Reg 4F(1) amended by FRLI No F2021L01761, reg 4 and Sch 1 item 1, effective 15 December 2021.
Reg 4F(1) amended by SLI No 275 of 2010, reg 3 and Sch 1(4), effective 19 November 2010.
Reg 4F(1) amended by SR No 213 of 2000; SR No 275 of 1999 and SR No 228 of 1998.
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.
Reg 4F(1A) inserted by SLI No 241 of 2015, reg 4 and Sch 1 item 5, effective 15 December 2015.
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.
Reg 4F(2A) repealed by FRLI No F2019L01047, reg 4 and Sch 1 item 4, effective 10 August 2019.
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.
Reg 4F(2B) amended by SLI No 241 of 2015, reg 4 and Sch 1 item 6, effective 15 December 2015.
Reg 4F(2B) amended by SLI No 168 of 2013, reg 4, Sch 1, item 3, effective 13 July 2013.
Reg 4F(2B) amended by SLI No 275 of 2010, reg 3 and Sch 1(4), effective 19 November 2010.
Reg 4F(2B) inserted by SR No 213 of 2000.
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.
Reg 4F(3) amended by SLI No 275 of 2010, reg 3 and Sch 1(4), effective 19 November 2010.
Reg 4F(3) amended by SR No 60 of 200; SR No 228 of 1998; SR No 52 of 1998; SR No 324 of 1996.
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.
Definition of "adjustable stock" inserted by SLI No 168 of 2013, reg 4, Sch 1, item 5, effective 13 July 2013.
barrel extension means a metal projection:
(a)
which extends rearward from the breech end of a firearm barrel; and
(b)
into which the breech locks while the firearm is in battery or firing position.
Definition of "barrel extension" inserted by FRLI No F2021L01761, reg 4, Sch 1 item 2, effective 15 December 2021.
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:
(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.
Definition of "deactivated firearm" inserted by SLI No 242 of 2006, reg 3 and Sch 1(1), effective 23 September 2006.
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.
Definition of "electro-shock cartridge" inserted by SLI No 168 of 2013, reg 4, Sch 1, item 5, effective 13 July 2013.
firearm :
(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;
(xii)
a hand-held electric device to which item 3 of Part 2 of Schedule 13 applies.
Definition of "firearm" amended by FRLI No F2021L01761, reg 4 and Sch 1 item 3, effective 15 December 2021.
Definition of "firearm" substituted by SLI No 168 of 2013, reg 4, Sch 1, item 6, effective 13 July 2013.
Definition of "firearm" amended by SLI No 233 of 2011, reg 3 and Sch 1 item 9, effective 14 December 2011.
Definition of "firearm" substituted by SLI No 242 of 2006, reg 3 and Sch 1(2), effective 23 September 2006.
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.
Definition of "firearm accessory" amended by FRLI No F2020L00293, reg 4 and Sch 1 item 1 and 2, effective 25 March 2020.
Definition of "firearm accessory" amended by SLI No 241 of 2015, reg 4 and Sch 1 item 8, effective 15 December 2015.
Definition of "firearm accessory" substituted by SLI No 168 of 2013, reg 4, Sch 1, item 6, effective 13 July 2013.
Definition of "firearm accessory" amended by SLI No 242 of 2006, reg 3 and Sch 1(3)-(4), effective 23 September 2006; SLI No 196 of 2012, reg 3 and Sch 1(1), effective 21 August 2012.
firearm magazine means a magazine designed or intended for use with a firearm, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished.
Definition of "firearm magazine" amended by SLI No 196 of 2012, reg 3 and Sch 1(2), effective 21 August 2012.
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;
(ba)
a barrel extension;
(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:
(a) a firearm accessory, a firearm magazine or ammunition;
(b) a screw, spring, or other minor component, of a firearm.
Definition of "folding stock" inserted by SLI No 168 of 2013, reg 4, Sch 1, item 8, effective 13 July 2013.
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.
Definition of "handgun" inserted by SLI No 168 of 2013, reg 4, Sch 1, item 8, effective 13 July 2013.
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.
Definition of "imitation" amended by SLI No 168 of 2013, reg 4, Sch 1, item 9, effective 13 July 2013.
Definition of "imitation" substituted by SLI No 275 of 2010, reg 3 and Sch 1(5), effective 17 November 2010; SLI No 242 of 2006, reg 3 and Sch 1(5), effective 23 September 2006.
Reg 4F substituted by SR No 228 of 1998; amended by SR No 58 of 1998 and SR No 123 of 1996; inserted by SR No 91 of 1996.
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.
Reg 4G(1) amended by FRLI No F2020L00399, reg 4 and Sch 1 items 3 and 4, effective 1 May 2020.
4G(2)
An applicant for permission to import a tablet press or encapsulator must:
(a)
(Repealed by FRLI No F2023L00823)
(b)
lodge a written 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.
Reg 4G(2) amended by FRLI No F2023L00823, reg 4 and Sch 1 items 1 and 2, effective 22 June 2023.
Reg 4G(2) amended by FRLI No F2020L00399, reg 4 and Sch 1 item 5, effective 1 May 2020.
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.
Reg 4G(4) amended by FRLI No F2020L00399, reg 4 and Sch 1 item 6, effective 1 May 2020.
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 a person who is authorised by the Minister under subregulation (8) to be an authorised person.
Definition of "tablet press" substituted by FRLI No F2020L00399, reg 4 and Sch 1 item 8, effective 1 May 2020.
4G(8)
For the purposes of the definition of
authorised person in subregulation (7), the Minister may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
(a)
an SES employee, or an acting SESemployee, in the Department;
(b)
an APS employee in the Department.
Reg 4G inserted by SLI No 357 of 2009, reg 3, Sch 1, item 1, effective 1 March 2010.
Former reg 4G repealed by SR No 59 of 1977.
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:
Reg 4H(2) amended by FRLI No F2019L01047, reg 4 and Sch 1 item 5, effective 10 August 2019.
Reg 4H(2) amended by FRLI No F2016L00704, reg 4 and Sch 1 items 3 and 4, effective 10 May 2016.
Reg 4H(2) amended by SLI No 241 of 2015, reg 4 and Sch 1 items 10 and 11, effective 15 December 2015.
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.
Reg 4H inserted by SLI No 233 of 2011, reg 3 and Sch 1 item 10, effective 14 December 2011.
REGULATION 4I
IMPORTATION OF ICE PIPES
4I(1)
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 ice pipe 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.
Reg 4I renumbered from reg 4H by SLI No 196 of 2012, reg 3 and Sch 1 item 4, effective 21 August 2012.
Reg 4H inserted by SLI No 232 of 2011, reg 3 and Sch 1 item 1, effective 10 December 2011.
Former reg 4H repealed by SR No 59 of 1977.
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.
Reg 4K(1) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 33, effective 1 May 2019.
Reg 4K(1) amended by SLI No 112 of 2014, reg 4 and Sch 1 items 3-5, effective 24 July 2014.
Reg 4K(1) amended by SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000; and by SR No 104 of 1994, reg 3.1, effective 19 April 1994.
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.
Reg 4K(1A) inserted by SLI No 112 of 2014, reg 4 and Sch 1 item 6, effective 24 July 2014.
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.
Reg 4K(2) amended by SLI No 112 of 2014, reg 4 and Sch 1 items 7-9, effective 24 July 2014.
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.
Reg 4K(3) substituted by SLI No 112 of 2014, reg 4 and Sch 1 item 10, effective 24 July 2014.
Reg 4K(3) substituted by SR No 412 of 1995, reg 4.1, effective 19 December 1995 and SR No 104 of 1994, reg 3.2, effective 19 April 1994; and amended by SR No 467 of 1990, r 2, effective 9 January 1991.
4K(3A)
Subregulation (3) applies subject to the condition that the certificate is produced to a Collector on request.
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;
Definition of "authorised person" amended by FRLI No F2019L00594, reg 4 and Sch 1 items 34 and 35, effective 1 May 2019.
Definition of "authorised person" amended by SLI No 112 of 2014, reg 4 and Sch 1 items 12 and 13, effective 24 July 2014.
Definition of "authorised person" amended by SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000
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.
Definition of "prescribed testing authority" amended by FRLI No F2019L00594, reg 4 and Sch 1 item 36, effective 1 May 2019.
Definition of "prescribed testing authority" amended by SLI No 112 of 2014, reg 4 and Sch 1 item 14, effective 24 July 2014.
Definition of "prescribed testing authority" amended by SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000; and by SR No 412 of 1995, reg 4.2, effective 19 December 1995.
responsible Minister means the Minister administering the Primary Industries Levies and Charges Collection Act 2024.
Reg 4K(8) inserted by SR No 104 of 1994, reg 3.2, effective 19 April 1994.
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.
Reg 4MA(2) Note omitted by SLI No 265 of 2006, Sch 1 and reg 3, item 1, effective 21 October 2006.
Reg 4MA(2) Note amended by SR No 97 of 2003, Sch 1, Pt 3, item [301], effective 29 May 2003; No 53 of 2003, reg 3, Sch 1, item [2], effective 14 April 2003.
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.
Reg 4Q omitted by SLI No 245 of 2007, reg 3 and Sch 1 item 1, effective 25 August 2007.
Reg 4Q inserted by SR No 166 of 2003, reg 3, Sch 1, item 1, effective 7 July 2003.
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:
authorised officer means:
(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.
Definition of "authorised officer" substituted by SR No 30 of 2002, reg 3, Sch 1, item 2, effective 7 March 2002. Former definition of "authorised officer" substituted by SR No 201 of 1999.
Minister means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998.
Definition of "Minister" amended by FRLI No F2019L00594, reg 4 and Sch 1 item 39, effective 1 May 2019.
Definition of "Minister" substituted by SR No 30 of 2002, reg 3, Sch 1, item 2, effective 7 March 2002. Former definition of "Minister" inserted by SR No 201 of 1999.
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.
Reg 4R(2) amended by SR No 201 of 1999, s 3 and Sch 1 item 2, effective 16 September 1999; SR No 15 of 1995, reg 7, effective 14 February 1995; SR No 211 of 1993; and SR No 289 of 1991.
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.
Reg 4R(4) substituted by SR No 201 of 1999, s 3 and Sch 1 item 4, effective 16 September 1999.
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.
Reg 4R(6) substituted by SR No 201 of 1999, s 3 and Sch 1 item 5, effective 16 September 1999.
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.
Reg 4R(7) inserted by SR No 201 of 1999, s 3 and Sch 1 item 5, effective 16 September 1999.
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;
Definition of "Minister" substituted by FRLI No F2019L00594, reg 4 and Sch 1 item 40, effective 1 May 2019.
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);
Definition of "novelty lighter" inserted by SR No 285 of 1997, reg 3, effective 8 October 1997.
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.
Reg 4T(1) inserted by SR No 201 of 1999, s 3 and Sch 1 item 7, effective 16 September 1999.
4T(2)
[Conditions of permission]
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 card to which the permission relates.
Reg 4T(2) inserted by SR No 201 of 1999, s 3 and Sch 1 item 7, effective 16 September 1999.
4T(3)
[Minister may revoke permission]
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.
Reg 4T(4) inserted by SR No 201 of 1999, s 3 and Sch 1 item 7, effective 16 September 1999.
REGULATION 4U
IMPORTATION OF GOODS THE SUBJECT OF A PERMANENT BAN UNDER THE
COMPETITION AND CONSUMER ACT 20104U(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:
Minister means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
Reg 4U amended by SLI No 44 of 2006, reg 3, Sch 1[2], effective 7 March 2006.
Reg 4U inserted by SR No 332 of 1999, reg 3 and Sch 1, effective 22 December 1999.
REGULATION 4V
IMPORTATION OF ANZAC GOODS
4V(1)
[Definitions]
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.
4V(2)
[Likely to deceive]
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.
Reg 4V inserted by SR No 81 of 2002, reg 3, Sch l, item 1, effective 3 May 2002.
REGULATION 4VA
IMPORTATION OF INCANDESCENT LAMPS
4VA(1)
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.
Definition of "Minister" amended by FRLI No F2019L00594, reg 4 and Sch 1 item 43, effective 1 May 2019.
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.
Reg 4VA inserted by SLI No 256 of 2008, reg 3 and Sch 1, item 1, effective 1 February 2009.
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.
4W(2)
[Importation prohibited]
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]
An application:
(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.
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
Reg 4W inserted by SR No 142 of 2004, Sch 1, reg 3, item [1], effective 25 June 2004.
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:
(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.
Reg 4X inserted by SLI No 163 of 2005, reg 3, Sch 1, item 2, effective 23 July 2005.
REGULATION 4XA
IMPORTATION OF GOODS UNDER AUTONOMOUS SANCTIONS
4XA(1)
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.
Definition of "import sanctioned goods" amended by SLI No 168 of 2013, reg 4, Sch 1, item 10, effective 13 July 2013.
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.
Reg 4XA inserted by SLI No 42 of 2013, reg 3 and Sch 2 item 1, effective 4 April 2013.
REGULATION 4Y
IMPORTATION OF GOODS FROM DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
4Y(1)
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.
Definition of "arms or related matériel" inserted by SLI No 183 of 2009, reg 3, Sch 1, item 1, effective 11 July 2009.
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).
Definition of "seafood" inserted by FRLI No F2018L01135, reg 4 and Sch 1 item 5, effective 18 August 2018.
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.
Reg 4Y(2) substituted by FRLI No F2018L01135, reg 4 and Sch 1 item 6, effective 18 August 2018.
Reg 4Y(2) amended by SLI No 183 of 2009, reg 3, Sch 1, item 3, effective 11 July 2009.
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.
Reg 4Y(2AA) inserted by FRLI No F2018L01135, reg 4 and Sch 1 item 6, effective 18 August 2018.
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.
Reg 4Y(2AB) inserted by FRLI No F2018L01135, reg 4 and Sch 1 item 6, effective 18 August 2018.
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.
Reg 4Y(2A) inserted by SLI No 23 of 2008, reg 3, Sch 1, item 1, effective 24 March 2008.
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.
Reg 4Y inserted by SLI No 282 of 2006, s 3 and Sch 1, item 1, effective 3 November 2006.
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.
Definition of "arms or related matériel" inserted by SLI No 110 of 2007, reg 3 and Sch 1 item 1 effective 15 May 2007.
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).
Definition of "paramilitary equipment" inserted by SLI No 110 of 2007, reg 3 and Sch 1 item 2, effective 15 May 2007.
4Z(2)
[Prohibition]
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.
Reg 4Z(2A) inserted by SLI No 23 of 2008, reg 3 Sch 1, item 2, effective 24 March 2008.
4Z(3)
[Matter 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.
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.
S 4Z inserted by SLI No 5 of 2007, s 3 and Sch 1, item 1, effective 20 February 2007.
REGULATION 4ZA
IMPORTATION OF CERTAIN GOODS FROM ERITREA
4ZA(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 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.
Reg 4ZA inserted by SLI No 14 of 2010, reg 3, Sch 1, item 1, effective 3 March 2010.
REGULATION 4ZB
IMPORTATION OF CERTAIN GOODS FROM THE LIBYAN ARAB JAMAHIRIYA
4ZB(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 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.
Reg 4ZB inserted by SLI No 19 of 2011, reg 3, Sch 1, item 1, effective 17 March 2011.
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:
(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.
Reg 5(1) amended by SR No 215 of 2000, r 3 and Sch 1, item 1; SR No 202 of 1999, s 3 and Sch 1 item 10; SR No 15 of 1995; SR No 211 of 1993; SR No 289 of 1991; and SR No 23 of 1991.
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); or
(c)
an importation that meets the requirements in paragraphs 5F(1)(a), (b) and (c).
Reg 5(2) amended by FRLI No F2021L01615, reg 4 and Sch 1 item 2, effective 1 December 2021.
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.
Reg 5(2A) inserted by SR No 215 of 2000, r 3 and Sch 1, item 2.
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.
Reg 5(4) amended by SR No 202 of 1999, s 3 and Sch 1 item 10; SR No 15 of 1995; SR No 211 of 1993; SR No 289 of 1991.
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.
Reg 5(5) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(5) amended by SR No 15 of 1995; SR No 211 of 1993; SR No 289 of 1991; SR No 23 of 1991.
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.
Reg 5(6) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(6) amended by SR No 15 of 1995; SR No 211 of 1993; SR No 289 of 1991; SR No 23 of 1991.
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.
Reg 5(7) amended by FRLI No F2019L00594, reg 4 and Sch 1 items 44 and 45, effective 1 May 2019.
Reg 5(7) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(7) amendedby SR No 15 of 1995; SR No 211 of 1993; SR No 289 of 1991; SR No 23 of 1991.
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.
Reg 5(9) amended by FRLI No F2019L00594, reg 4 and Sch 1 items 46-51, effective 1 May 2019.
Reg 5(9) amended by SLI No 90 of 2015, reg 4 and Sch 2 item 98, effective 1 July 2015.
Reg 5(9) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(9) amended by SR No 93 of 1997, reg 3.
Reg 5(9) amended by SR No 15 of 1995, reg 8.
Reg 5(9) amended by SR No 211 of 1993, reg 3.1.
Reg 5(9) amended by SR No 289 of 1991, reg 12.
Reg 5(9) amended by SR No 23 of 1991, reg 15.
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.
Reg 5(10) amended by FRLI No F2019L00594, reg 4 and Sch 1 items 52-59, effective 1 May 2019.
Reg 5(10) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(10) amended by SR No 15 of 1995, reg 8.
Reg 5(10) amended by SR No 211 of 1993, reg 3.1.
Reg 5(10) amended by SR No 289 of 1991, reg 12.
Reg 5(10) amended by SR No 23 of 1991, reg 1.
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.
Reg 5(11) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 60, effective 1 May 2019.
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.
Reg 5(12) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(12) amended by SR No 15 of 1995, reg 8.
Reg 5(12) amended by SR No 211 of 1993, reg 3.1.
Reg 5(12) amended by SR No 289 of 1991, reg 12.
Reg 5(12) amended by SR No 23 of 1991, reg 15.
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)
(Repealed by FRLI No F2023L01653)
Reg 5(14) repealed by FRLI No F2023L01653, reg 4 and Sch 1 item 15, effective 13 December 2023.
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.
Reg 5(15) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 61, effective 1 May 2019.
Reg 5(15) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(15) amended by SR No 15 of 1995, reg 8.
Reg 5(15) amended by SR No 211 of 1993, reg 3.1.
Reg 5(15) amended by SR No 289 of 1991, reg 12.
Reg 5(15) amended by SR No 23 of 1991, reg 15.
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.
Reg 5(16) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(16) amended by SR No 15 of 1995, reg 8.
Reg 5(16) amended by SR No 211 of 1993, reg 3.1.
Reg 5(16) amended by SR No 289 of 1991, reg 12.
Reg 5(16) amended by SR No 23 of 1991, reg 15.
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.
Reg 5(17) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(17) amended by SR No 15 of 1995, reg 8.
Reg 5(17) amended by SR No 211 of 1993, reg 3.1.
Reg 5(17) amended by SR No 289 of 1991, reg 12.
Reg 5(17) amended by SR No 23 of 1991, reg 15.
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.
Reg 5(18) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(18) amended by SR No 15 of 1995, reg 8.
Reg 5(18) amended by SR No 211 of 1993, reg 3.1.
Reg 5(18) amended by SR No 289 of 1991, reg 12.
Reg 5(18) amended by SR No 23 of 1991, reg 15.
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.
Reg 5(18A) amended by SR No 202 of 1999, s 3 and Sch 1 item 10.
Reg 5(18A) amended by SR No 15 of 1995, reg 8.
Reg 5(18A) amended by SR No 211 of 1993, reg 3.1.
Reg 5(18A) amended by SR No 289 of 1991, reg 12.
Reg 5(18A) omitted and substituted by SR No 23 of 1991, reg 4.
Transitional provision
Amending regulations No 23 of 1991, reg 16, provide:
Despite the amendment of regulation 5 of the Customs (Prohibited Imports) Regulations by these Regulations, that regulation as in force immediately before the commencement of these Regulations continues to apply in relation to a decision of the Secretary and referred to in subregulation 5(18A) made before the commencement of these Regulations as if these Regulations had not been made.
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.
Definition of "Department" amended by FRLI No F2020L00399, reg 4 and Sch 2 item 1, effective 1 May 2020.
Definition of "Department" inserted by SR No 202 of 1999, s 3 and Sch 1 item 1.
derivative means:
(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;
drug means:
(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;
Definition of "drug" amended by SR No 289 of 1991, r 5.
exempted preparation means a substance or thing that is a preparation included in Schedule III to the Single Convention;
manufacture means:
(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
(v)
the packing or re-packing of the drug;
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
(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;
Definition of "Secretary" inserted by SR No 202 of 1999, s 3 and Sch 1 item 2.
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.
Prohibition on importation of vaping goods
5A(1)
Subject to subregulations (2) to (4), the importation into Australia of vaping goods is prohibited unless:
(a)
the person importing the vaping goods is the holder of:
(i)
a licence to import the vaping goods granted by a prescribed authority under this regulation; and
(ii)
a written permission to import the vaping goods granted by a prescribed authority under this regulation; and
(b)
the permission, or a copy of the permission, is produced to the Collector; and
(c)
the importation is by means other than post.
Note:
A number of expressions used in this regulation are defined in subregulation (19), including the following:
(a) disposable vape;
(b) vape;
(c) vape accessory;
(d) vape substance;
(e) vaping goods.
5A(2)
Subregulation (1) does not apply to the importation of vaping goods by a person (the
first person) on board a ship or aircraft, if:
(a)
the vaping goods are presented by the first person as being for use in connection with the treatment of the first person or one or more other persons on board the ship or aircraft who are under the care of the first person; and
(b)
the vaping goods do not include more than the following for each person referred to in paragraph (a):
(i)
2 vapes;
(ii)
20 vape accessories that are cartridges, capsules or pods;
(iii)
200 ml of vape substances in liquid form.
5A(3)
Subregulation (1) does not apply to:
(a)
an importation that meets the requirements of:
5A(4)
Subregulation (1) does not apply to vaping goods in respect of the importation of which an approval is in force under subregulation (5).
5A(5)
The Minister may, by legislative instrument, approve the importation into Australia of vaping goods that meet one or more of the following:
(a)
the vaping goods are specified in, or included in a class of vaping goods specified in, the approval;
(b)
the vaping goods are imported in a form (including a concentration) specified in the approval;
(c)
the vaping goods are imported by a person, or class of persons, specified in the approval;
(d)
the vaping goods do not exceed a value or amount specified in the approval;
(e)
the vaping goods are imported in a way, or by a means, specified in the approval.
Applications for licences and permissions
5A(6)
An applicant for a licence or a permission to import vaping goods must:
(a)
make the application on the form approved by the Secretary; and
(b)
lodge the application with a prescribed authority; and
(c)
give to the prescribed authority any information that the prescribed authority reasonably requires for the purpose of making a decision on the application.
Dealing with applications for licences
5A(7)
A prescribed authority must not grant an applicant a licence to import vaping goods unless:
(a)
the applicant has given the prescribed authority all the information required by the prescribed authority under paragraph (6)(c); and
(b)
the prescribed authority is satisfied that the applicant is to import the vaping goods:
(i)
for vaping goods other than disposable vapes - for the purposes of manufacture and supply as part of the applicant's business or only for the purposes of supply or use for medical or scientific research; or
(ii)
for disposable vapes - only for the purposes of supply or use for medical or scientific research; and
(c)
the applicant is registered for GST; and
(d)
the applicant has an ABN; and
(e)
if the applicant is required, under a law of a State or Territory in which the applicant conducts business, to hold a licence or other approval (however described) in relation to the vaping goods - the applicant holds the relevant licence or approval.
5A(8)
In considering whether to grant a licence, the prescribed authority may consider any relevant matter.
Conditions of licences
5A(9)
A licence may specify:
(a)
conditions or requirements to be complied with by the holder of the licence; and
(b)
when the holder must comply with a condition or requirement, whether before or after the importation of the vaping goods to which the licence relates.
5A(10)
A licence to import a disposable vape is, in addition to any condition specified in the licence under subregulation (9), subject to the condition that the disposable vape must be used only for the purposes of supply or use for medical or scientific research.
Revocation of licences
5A(11)
If:
(a)
a licence to import vaping goods specifies a condition or requirement to be complied with by the holder of the licence; and
(b)
the holder of the licence fails to comply with the condition or requirement;
the Secretary or an authorised officer may, in writing, 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 requirement.
Dealing with applications for permissions
5A(12)
A prescribed authority must not grant an applicant a permission to import vaping goods, unless:
(a)
the applicant is the holder of a licence granted under subregulation (1) to import the vaping goods; and
(b)
one or more of the following apply:
(i)
the vaping goods are included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989;
(ii)
the vaping goods meet the notification requirements in subregulation (13);
(iii)
the vaping goods are to be imported only for the purposes of supply or use for medical or scientific research and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for that purpose;
(iv)
the vaping goods are to be imported for a purpose specified for the goods by the Secretary under subregulation (14) and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for a purpose specified for the goods;
(v)
the vaping goods are vaping goods of a kind specified by the Secretary under subregulation (15).
5A(13)
For the purposes of subparagraph (12)(b)(ii), vaping goods meet the notification requirements in this subregulation, if:
(a)
for a vaping good that is a therapeutic cannabis vaping good within the meaning of the Therapeutic Goods (Medical Devices) Regulations 2002 - a notice, in a form approved by the Secretary, has been given to the Secretary stating that the device:
(i)
complies with the essential principles (within the meaning of the Therapeutic Goods Act 1989); or
(ii)
is imported with the consent of the Secretary under section 41MA or 41MAA of that Act; or
(b)
for any other vaping goods:
(i)
a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed "Conditions" of item 2.17 of Part2 of Schedule 4 to the Therapeutic Goods (Medical Devices) Regulations 2002; or
(ii)
a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed "Conditions" of item 2.18 of Part 2 of Schedule 4 to the Therapeutic Goods (Medical Devices) Regulations 2002; or
(iii)
a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 15 of Schedule 5A to the Therapeutic Goods Regulations 1990; or
(iv)
a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 16 of Schedule 5A to the Therapeutic Goods Regulations 1990.
5A(14)
The Secretary may, by legislative instrument, specify purposes for the purposes of subparagraph (12)(b)(iv). The Secretary may specify a purpose only if the Secretary is satisfied that the purpose is not inconsistent with the objects of the Therapeutic Goods Act 1989.
5A(15)
The Secretary may, by legislative instrument, specify kinds of vaping goods for the purposes of subparagraph (12)(b)(v).
Conditions of permissions
5A(16)
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 vaping goods to which the permission relates.
5A(17)
A permission to import a disposable vape is, in addition to any condition specified in the permission under subregulation (16), subject to the condition that the vape must be used only for the purposes of supply or use for medical or scientific research.
Revocation of permissions
5A(18)
If:
(a)
a permission to import vaping goods 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 officer may, in writing, 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.
authorised officer means an officer of the Department authorised by the Secretary under subregulation (21) to be an authorised officer.
authorised person means a person authorised by the Secretary under subregulation (22) to be an authorised person.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
disposable vape means a vape:
(a)
of the kind referred to in paragraph (a) of the definition of
vape in this regulation; and
(b)
that is fully assembled with all the constituent components fixed permanently in place and that is not designed or intended to be disassembled; and
(c)
that:
(i)
is pre-filled with a vape substance; or
(ii)
is designed or intended to be supplied pre-filled with a vape substance; and
(d)
that is not designed or intended to be refilled.
Minister means the Minister administering the Therapeutic Goods Act 1989.
prescribed authority means any of the following:
(a)
the Secretary;
(b)
an authorised officer;
(c)
an authorised person.
registered for GST means registered under the GST Act.
Secretary means the Secretary of the Department.
vape means:
(a)
a device (whether or not filled with a vape substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or
(b)
a device to which paragraph (a) would apply were the device not incomplete, damaged, temporarily or permanently inoperable, or unfinished; or
(c)
a device the presentation of which includes an express or implied representation that the device is a device of the kind referred to in paragraph (a) or (b).
Note 1:
Examples of devices that are not vapes include the following:
(a) humidifiers;
(b) diffusers;
(c) nebulisers;
(d) inhalers.
Note 2:
This definition is affected by subregulation (20).
vape accessory means:
(a)
a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel:
(i)
that contains, or that is designed or intended to contain, a vape substance; and
(ii)
whether or not integrated with other components of a vape; or
(b)
a vessel the presentation of which includes an express or implied representation that the vessel is a vessel of the kind referred to in paragraph (a).
Note:
This definition is affected by subregulation (20).
vape substance means:
(a)
a liquid or other substance designed or intended for use in a vape; or
(b)
nicotine in solution in any concentration, including in salt or base form; or
(c)
a substance the presentation of which includes an express or implied representation that the substance is a substance of the kind referred to in paragraph (a).
Note:
This definition is affected by subregulation (20).
vaping goods means:
(a)
a vape; or
(b)
a vape accessory; or
(c)
a vape substance.
Note:
A good may be covered by more than one paragraph of the definition.
5A(20)
For the purposes of paragraph (c) of the definition of
vape, paragraph (b) of the definition of
vape accessory, and paragraph (c) of the definition of
vape substance, in subregulation (19):
(a)
the presentation of a device, vessel or substance includes matters in relation to:
(i)
the name of the device, vessel or substance; and
(ii)
the labelling and packaging of the device, vessel or substance; and
(iii)
any advertising or informational material associated with the importation of the device, vessel or substance; and
(b)
a device, vessel or substance may be presented as being a kind of device, vessel or substance even if the presentation:
(i)
is capable of being misleading or confusing as to the content or proper use or identification of the device, vessel or substance; or
(ii)
suggests that the device, vessel or substance has ingredients, components or characteristics that it does not have.
5A(21)
For the purposes of the definition of
authorised officer in subregulation (19), the Secretary may, in writing, authorise an officer of the Department to be an authorised officer for the purposes of this regulation.
5A(22)
For the purposes of the definition of
authorised person in subregulation (19), the Secretary may, in writing, authorise the Administrator of an external Territory to be an authorised person for the purposes of this regulation.
Reg 5A inserted by FRLI No F2023L01666, reg 4 and Sch 1 item 1, effective 1 January 2024.
REGULATION 5B-5D
5B-5D
(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."]
REGULATION 5E
5E
(OMITTED)
(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."]
REGULATION 5F
IMPORTATION OF KAVA AS FOOD
Importation of kava food product without permission is prohibited
5F(1)
The importation into Australia of a kava food product is prohibited unless:
(a)
the person importing the kava food product is the holder of a permission to import the kava food product granted by the Secretary or an authorised person under this regulation; and
(b)
the permission or a copy of the permission is produced to the Collector; and
(c)
the importation is by means other than post.
Permitted drug importations exempt from prohibition under this regulation
5F(2)
Subregulation (1) does not apply to or in relation to:
(a)
an importation that meets the requirements in paragraphs 5(1)(a), (b), (c) and (d); or
(b)
a drug that is imported as mentioned in paragraph 5(2)(b) or subregulation 5(2A); or
(c)
a drug in respect of the importation of which an approval is in force under subregulation 5(3).
Application for permission
5F(3)
An applicant for a permission to import a kava food product must:
(a)
make the application on the form approved by the Secretary; and
(b)
lodge the application with the Secretary or an authorised person; and
(c)
give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
5F(4)
The Secretary or an authorised person must not grant to an applicant a permission to import a kava food product unless:
(a)
the applicant has given the Secretary or authorised person all the information required by the Secretary or authorised person under paragraph (3)(c); and
(b)
the Secretary or authorised person is satisfied that the applicant is to import the kava food product for the purposes of selling it as part of the applicant's business; and
(c)
the applicant is registered for GST; and
(d)
the applicant has an ABN.
5F(5)
In considering whether to grant a permission, the Secretary or authorised person may consider any relevant matter.
5F(6)
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 kava food product to which the permission relates.
Revocation of permission
5F(7)
If:
(a)
a permission to import a kava food product 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.
Definition of "authorised person" substituted by FRLI No F2023L01653, reg 4 and Sch 1 item 16, effective 13 December 2023
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
kava food product means a food mentioned in section 2.6.3 - 3 of the Australia New Zealand Food Standards Code, as in force at the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.
Definition of "kava food product" amended by FRLI No F2023L01653, reg 4 and Sch 1 item 17, effective 13 December 2023
registered for GST means registered under the GST Act.
Secretary means the Secretary to the Department.
Authorised persons
5F(9)
For the purposes of the definition of
authorised person in subregulation (8), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
(a)
an officer of the Department;
(b)
the Administrator of Norfolk Island.
Reg 5F inserted by FRLI No F2021L01615, reg 4 and Sch 1 item 3, effective 1 December 2021.
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 person; and
(b)
the permission is produced to a Collector.
Reg 5G(1) amended by FRLI No F2023L01653, reg 4 and Sch 1 item 19, effective 13 December 2023.
Reg 5G(1) inserted by SR No 202 of 1999.
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 Sport Integrity Australia Act 2020; or
(b)
a person who:
(i)
is a support person within the meaning of section 4 of the Sport Integrity Australia Act 2020; 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)
1 Coaching or training an athlete.
2 Providing medical treatment or physiotherapy to an athlete.
Reg 5G(3) amended by FRLI No F2020L00827, reg 4 and Sch 1 items 28 and 29, effective 1 July 2020.
Reg 5G(3) amended by SLI No 298 of 2009, Sch 1, item 1, effective 14 November 2009.
Reg 5G(3) inserted by SR No 202 of 1999.
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(7)
For the purposes of the definition of
authorised person in subregulation (6), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
(a)
an officer of the Department;
(b)
the Administrator of Norfolk Island.
Reg 5H(1) substituted by SR No 202 of 1999, s 3 and Sch 1 item 6, effective 16 September 1999.
Reg 5H(1) amended by SR No 15 of 1995, reg 11, effective 14 February 1995.
Reg 5H(1) amended by SR No 211 of 1993, reg 6.1, effective 3 August 1993.
Reg 5H(1) amended by SR No 289 of 1991, reg 12, effective 17 September 1991.
5H(1A)
For the purposes of the definition of authorised person in subregulation (1), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
(a)
an officer of the Department;
(b)
the Administrator of Norfolk Island.
Reg 5H(1A) inserted by FRLI No F2023L01653, reg 4 and Sch 1 item 27, effective 13 December 2023.
5H(2)
The importation into Australia of goods specified in Schedule 8 to these Regulations is prohibited unless the Secretary or an authorised person has, by instrument in writing, granted permission to import the goods and the instrument is produced to the Collector.
Reg 5H(2) amended by FRLI No F2023L01653, reg 4 and Sch 1 item 28, effective 13 December 2023.
Reg 5H(2) amended by SR No 202 of 1999, s 3 and Sch 1 item 10, effective 16 September 1999.
Reg 5H(2) amended by SR No 15 of 1995, reg 11, effective 14 February 1995.
Reg 5H(2) amended by SR No 211 of 1993, reg 6.1, effective 3 August 1993.
Reg 5H(2) amended by SR No 289 of 1991, reg 12, effective 17 September 1991.
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 person, 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.
Reg 5H(3) amended by FRLI No F2023L01653, reg 4 and Sch 1 item 29, effective 13 December 2023.
Reg 5H(3) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 66, effective 1 May 2019.
Reg 5H(3) amended by SR No 202 of 1999, s 3 and Sch 1 item 10, effective 16 September 1999.
Reg 5H(3) amended by SR No 15 of 1995, reg 11, effective 14 February 1995.
Reg 5H(3) amended by SR No 211 of 1993, reg 6.1, effective 3 August 1993.
Reg 5H(3) amended by SR No 289 of 1991, reg 12, effective 17 September 1991.
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.
Definition of "decision" inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
"initial decision" means a decision:
(a)
of the Secretary, or an authorised person, under subregulation 5(5), (13), (15), (17) or (18); or
(aaa)
of a prescribed authority under subregulation 5A(1), (9), (11), (16) or (18); or
(aa)
of the Secretary, or an authorised person, under subregulation 5F(1), (6) or (7); or
(ab)
of the Secretary, or an authorised person, under subregulation 5G(1) or (5); or
(b)
of the Secretary, or an authorised person, under subregulation 5H(2) or (4);
Definition of "Minister" amended by FRLI No F2020L00399, reg 4 and Sch 2 item 4, effective 1 May 2020.
Definition of "Minister" substituted by SR No 202 of 1999, s 3 and Sch 1 item 8, effective 16 September 1999.
Definition of "Minister" amended by SR No 15 of 1995, reg 12.2, effective 14 February 1995.
Definition of "Minister" amended by SR No 211 of 1993, reg 7.3, effective 3 August 1993.
Definition of "Minister" amended by SR No 289 of 1991, reg 12, effective 17 September 1991.
Definition of "Minister" inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
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.
Reg 5HA(2) inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
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.
Reg 5HA(3) inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
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.
Reg 5HA(4) inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
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.
Reg 5HA(5) inserted by SR No 23 of 1991, reg 13, effective 15 February 1991.
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.
Reg 5I(1A) inserted by FRLI No F2019L00594, reg 4 and Sch 1 item 67, effective 1 May 2019.
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.
Reg 5I(2) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 68, effective 1 May 2019.
Reg 5I(2) amended by SR No 245 of 2004, reg 3 and Sch 1, item 1, effective 18 August 2004; SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000.
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
Reg 5I(2B) inserted by SR No 245 of 2004, reg 3 and Sch 1, item 2, effective 18 August 2004.
5I(2C)
An authorised officer may ask an applicant for a permission under paragraph (2)(d) or (2A)(e) to give to the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.
Reg 5I(2C) inserted by SR No 245 of 2004, reg 3 and Sch 1, item 2, effective 18 August 2004.
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.
Reg 5I(3) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 70, effective 1 May 2019.
Reg 5I(3) amended by SR No 245 of 2004, reg 3 and Sch 1, item 3, effective 18 August 2004; SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000.
5I(4)
Where an application has been referred to the Minister under subregulation (3), theMinister may grant, or refuse to grant, the permission.
Reg 5I(4) amended by FRLI No F2019L00594, reg 4 and Sch 1 item 71, effective 1 May 2019.
Reg 5I(4) amended by SR No 32 of 2000, s 3 and Sch 1, item 3, effective 29 March 2000.
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.
Reg 5I(5) amended by SR No 245 of 2004, reg 3 and Sch 1, item 4, effective 18 August 2004.
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.
Reg 5I(6) amended by SR No 245 of 2004, reg 3 and Sch 1, item 4, effective 18 August 2004.
REGULATION 5J
IMPORTATION OF GOODS CONTAINING CERTAIN CHEMICAL COMPOUNDS
5J(1)
In this regulation:
"authorised person"
means:
(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.
Definition of "authorised person" substituted by SLI No 40 of 2009, Sch 1[1], effective 18 March 2009.
"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.
Definition of "Chemical Weapons Convention" inserted by SR No 325 of 1996, reg 4, effective 29 April 1997.
"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.
Definition of "prescribed goods" amended by SR No 332 of 1999.
[NOTES:
(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)
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.
Reg 5J(2) amended by SR No 332 of 1999 and substituted by SR No 325 of 1996.
5J(2A)
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.
Reg 5J(2A) amended by SR No 332 of 1999 and substituted by SR No 325 of 1996.
5J(2AA)
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.
Reg 5J(2AA) inserted and amended by SR No 332 of 1999.
5J(2AB)
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 the period specified in the permission, which may be no more than 1 year from the day the permission is given.
(c)
(Repealed by FRLI No F2024L01598)
Reg 5J(2AB) amended by FRLI No F2024L01598, reg 4 and Sch 1 item 1, effective 18 December 2024.
Reg 5J(2AB) inserted and amended by SR No 332 of 1999.
5J(2AC)
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 containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 unless an application for the permission is received at the Australian Safeguards and Non-Proliferation Office at least 30 days before the day when it is proposed to import the goods.
Reg 5J(2B) substituted by FRLI No F2024L01598, reg 4 and Sch 1 item 2, effective 18 December 2024.
Reg 5J(2B) amended by SLI No 40 of 2009, Sch 1[2], effective 18 March 2009.
Reg 5J(2B) substituted by SR No 332 of 1999.
5J(2C)
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.
Subregulation (2B) also does not apply to a permission to import prescribed goods for the purposes of either or both of the following:
(a)
the analysis of chemical samples on behalf of the Organisation for the Prohibition of Chemical Weapons established under the Chemical Weapons Convention, if those samples have been sent from or on behalf of that Organisation;
(b)
proficiency testing in relation to the analysis of chemical samples as described in paragraph (a).
Reg 5J(2D) inserted by FRLI No F2024L01598, reg 4 and Sch 1 item 3, effective 18 December 2024.
5J(3)
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.
5J(4)
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.
5J(5)
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).
REGULATION 5K
IMPORTATION OF OZONE DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES
Prohibition
5K(1)
The importation into Australia (except from an external Territory) of the following is prohibited unless subregulation (2) applies:
(a)
a scheduled substance (within the meaning of the OPSGGM Act);
(b)
equipment that contains such a substance;
(c)
equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AA(5)(d) of the OPSGGM Act.
Exception
5K(2)
This subregulation applies if:
(a)
none of subsections 13AA(1), (3) and (5) of the OPSGGM Act are contravened in relation to the importation; and
(b)
if the importation is allowed by a licence granted under section 16 of that Act:
(i)
the licence, or a copy of the licence, is produced to a Collector; and
(ii)
in the case of a substance imported in a non-refillable container - the conditions (if any) prescribed by regulations made for the purposes of item 7 of the table in subsection 18(1) of that Act in relation to the container and the import are satisfied.
Note 1:
A suspended licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4) of the OPSGGM Act.
Note 2:
A number of provisions of the OPSGGM Act affect whether a person contravenes subsection 13AA(1), (3) or (5) of that Act. See (for example):
(a) section 12B of that Act (importation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and
for the importation of a substance - subsection 13AA(2) of that Act; and
(c) for the importation of equipment containing a substance - subsections 13AA(4), (6), (7), (8) and (9) of that Act; and
(d) for the importation of equipment that uses a substance in its operation - subsections 13AA(6), (7), (8) and (9) of that Act.
References to substances and equipment
5K(3)
Section 9 of the OPSGGM Act (references to scheduled substances and equipment) applies in relation to this regulation as if this regulation were a provision of that Act.
Definition
5K(4)
In this regulation:
equipment has the same meaning as in the OPSGGM Act.
OPSGGM Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
S 5L(1) amended by FRLI No F2020L00399, reg 4 and Sch 2 item 5, effective 1 May 2020.
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
Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6 of the Asbestos and Silica Safety and Eradication Agency Act 2013.
authorised person means a person authorised by the Work Health and Safety Minister under subregulation (5).
Comcare means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act 1988.
corresponding WHS law has the same meaning as in the Work Health and Safety Act 2011.
engineered stone has the same meaning as in the Work Health and Safety Regulations 2011.
5M(2)
The importation into Australia of engineered stone in the form of benchtops, panels or slabs is prohibited unless:
(a)
the Work Health and Safety Minister or an authorised person has granted permission in writing, and a copy of the permission is produced to a Collector on request at or before the time of importation; or
(b)
Comcare has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a) and is permitted under the Work Health and Safety Act 2011 (Cth), and a copy of the confirmation is produced to a Collector on request at or before the time of importation; or
(c)
all of the following apply:
(i)
an authority of a State or Territory has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a);
(ii)
the authority is an authority of the State or Territory in which the goods are to be used for that purpose;
(iii)
a copy of the confirmation is produced to a Collector on request at or before the time of importation; or
(d)
the importation is of a kind of benchtops, panels or slabs that is the subject of an exemption granted under subregulation 684(1) or 689A(1) of the Work Health and Safety Regulations 2011, or a corresponding WHS law, and a copy of the exemption is produced to a Collector on request at or before the time of the importation.
5M(3)
A permission under paragraph (2)(a) may only be granted if the Work Health and Safety Minister or authorised person is satisfied that:
(a)
the importation is for either or both of the following purposes:
(i)
for genuine research and analysis;
(ii)
to sample and identify engineered stone; or
(b)
there are exceptional circumstances that justify the importation.
5M(4)
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
5M(5)
The Work Health and Safety Minister may, in writing, authorise a person for the purposes of this section if the person is:
(a)
the Chief Executive Officer of the Asbestos and Silica Safety and Eradication Agency; or
(b)
a person who holds, or is acting in, a position in the Department that is equivalent to or higher than a position occupied by an SES employee.
Reg 5M inserted by F2024L01600, s 4 and Sch 1 item 1, effective 1 January 2025.
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)
Reg 7 repealed by SLI No 241 of 2015, reg 4 and Sch 1 item 12, effective 15 December 2015.
Reg 7 amended by SR No 289 of 1991, reg 7, effective 17 September 1991.
REGULATION 8
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE
CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) REGULATION 20158(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.
Reg 8 inserted by SLI No 90 of 2015, reg 4 and Sch 2 item 99, effective 1 July 2015.
REGULATION 9
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE
CUSTOMS (PROHIBITED IMPORTS) AMENDMENT (FIREARMS AND OTHER WEAPONS) REGULATION 20159(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.
Reg 9 inserted by SLI No 241 of 2015, reg 4 and Sch 1 item 13, effective 15 December 2015.
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);
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.
Reg 10 inserted by FRLI No F2019L00365, reg 4 and Sch 1 item 17, effective 26 March 2019.
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.
A permission:
(a)
granted under subregulation 4A(2); and
(b)
in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the
amending regulations);
has effect, from that commencement, as if it were a permission granted under paragraph 4A(2)(a) as amended by the amending regulations.
Reg 12 inserted by FRLI No F2020L01046, reg 4 and Sch 1 item 8, effective 27 August 2020.
REGULATION 13
13
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE MINAMATA CONVENTION ON MERCURY (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2021
The amendments of these Regulations made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 apply in relation to the importation of mercury into Australia on or after the commencement of that instrument.
Reg 13 inserted by FRLI No F2021L01390, reg 4 and Sch 1 item 56, effective 7 March 2022.
REGULATION 14
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE CUSTOMS LEGISLATION AMENDMENT (FLAGS) REGULATIONS 2022
14(1)
The amendments of this instrument, made by the Customs Legislation Amendment (Flags) Regulations 2022, apply in relation to goods imported into Australia on or after the commencement of this regulation.
14(2)
Item 10A of the table in Schedule 3 also applies on and after the commencement of this regulation in relation to goods:
(a)
specified in item 15 of the table in Schedule 2 as in force immediately before that commencement; and
(b)
covered by a permission:
(i)
granted under subregulation 4(1) or (1AB); and
(ii)
in force immediately before that commencement; and
(c)
imported into Australia on or after that commencement;
as if the conditions, restrictions or requirements specified in that table item in Schedule 3 were complied with for the goods.
Note:
An application:
(a) for a permission under subregulation 4(1) or (1AB) to import goods mentioned in paragraph (2)(a); and
(b) that is made before the commencement of this regulation; and
(c) that has not been finally dealt with before that commencement;
Reg 14 inserted by FRLI No F2022L00512, reg 4 and Sch 1 item 1, effective 5 April 2022.
REGULATION 15
15
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE CUSTOMS (PROHIBITED IMPORTS) AMENDMENT (TABLET PRESS AND ENCAPSULATOR ADMINISTRATION) REGULATIONS 2023
The repeal and substitution of the definition of
authorised person in subregulation 4G(7) made by Part 1 of Schedule 1 to the Customs (Prohibited Imports) Amendment (Tablet Press and Encapsulator Administration) Regulations 2023 does not affect an authorisation in force immediately before the commencement of that Part.
Reg 15 inserted by FRLI No F2023L00823, reg 4 and Sch 1 item 5, effective 22 June 2023.
REGULATION 16
16
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE CUSTOMS LEGISLATION AMENDMENT (JAPAN - AUSTRALIA RECIPROCAL ACCESS AGREEMENT) REGULATIONS 2023
The amendment of these Regulations made by Part 1 of Schedule 1 to the Customs Legislation Amendment (Japan - Australia Reciprocal Access Agreement) Regulations 2023 applies in relation to goods imported into Australia on or after the commencement of that Part.
Reg 16 inserted by FRLI No F2023L00995, reg 4 and Sch 1 item 4, effective 13 August 2023.
REGULATION 17
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE CUSTOMS LEGISLATION AMENDMENT (PROHIBITED EXPORTS AND IMPORTS) REGULATIONS 2023
17(1)
In this regulation:
amending regulations means the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.
17(2)
The amendments of Schedule 4 to these Regulations made by Part 1 of Schedule 1 to the amending regulations apply in relation to drugs imported into Australia on or after the commencement of that Part.
17(3)
A person who was an authorised person for the purposes of regulation 5F of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.
17(4)
A person who was an authorised officer for the purposes of regulation 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.
17(5)
A permission in force under regulation 5F, 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations continues in force on and after that commencement (and may be dealt with) as if it had been granted under that regulation as in force immediately after the commencement of that Part.
Subregulation 5A(1) of these Regulations, as inserted by Schedule 1 to the Customs Legislation Amendment (Vaping Goods) Regulations 2023, applies in relation to:
(a)
disposable vapes imported into Australia on or after 1 January 2024; and
(b)
any other vaping goods imported into Australia on or after 1 March 2024.
Reg 18 inserted by FRLI No F2023L01666, reg 4 and Sch 1 item 3, effective 1 January 2024.
REGULATION 19
19
TRANSITIONAL MATTERS - AMENDMENTS MADE BY THE CUSTOMS LEGISLATION AMENDMENT (DRUGS SCHEDULING) REGULATIONS 2024
The amendments of these Regulations made by Part 1 of Schedule 1 to the Customs Legislation Amendment (Drugs Scheduling) Regulations 2024 apply in relation to drugs imported into Australia on or after the commencement of that Part.
The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024 apply in relation to a permission given on or after the commencement of that instrument.
The amendments of these Regulations made by Part 1 of Schedule 1 to the Customs Legislation Amendment (Drugs) Regulations 2025 apply in relation to drugs imported into Australia on or after the commencement of that Part.
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
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
(Repealed by FRLI No F2022L00512)
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
Sch 2 amended by FRLI No F2022L00512, reg 4 and Sch 1 item 2, effective 5 April 2022.
Item 15 substituted by SLI No 225 of 2012, reg 3 and Sch 1 item 1, effective 3 October 2012.
Items 8, 9, 12, 13, 14, 18, 18A, 18B, 18C, 18D, 19, 19A, 20, 21, 22, 23, 29A, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 repealed by SLI No 233 of 2011, reg 3 and Sch 1 item 11, effective 14 December 2011.
Item 10 substituted by SLI No 226 of 2008, reg 3 and Sch 1, item 1, effective 2 December 2008.
Item 48 inserted by SLI No 74 of 2008, reg 3 and Sch 1, item 1, effective 1 July 2008.
Items 2, 6, 7, and 34 substituted by SLI No 245 of 2007, reg 3 and Sch 1 items 2 to 4, effective 25 August 2007.
Item 29A substituted by SLI No 249 of 2005, reg 3, Sch 1, effective 12 November 2005.
Item 18C substituted by SLI No 174 of 2005, reg 3, Sch 1, item 1, effective 10 August 2005.
Sch 2 amended by SR No 30 of 200, SR No 30 of 2002, SR No 317 and SR No 93 of 1997, SR No 91 of 1996, SR No 89 of 1995, SR No 314 of 1994, SR No 382 of 1993, SR No 49 of 1992, SR 248 of 1991, SR 460, and SR No 324 of 1990.
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
(Repealed by FRLI No F2023L00753)
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 the purposes of this item; and
(b)
if the Collector asks the importer to produce the approval - the importer produces it
10A
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 or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory 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:
(i)
the head (however described) of the Department of State of the State or the Territory administered by the Premier of the State or the Chief Minister of the Territory; or
(ii)
an officer (however described) of that Department who is authorised by that head to give such approval; and
(b)
if the Collector asks the importer to produce the approval - the importer produces it
11
Equipment of a kind in relation to which:
(a) an interim ban under subsection 167(1) of the Radiocommunications Act 1992 is in force; or
(b) a permanent ban under subsection 172(1) of the Radiocommunications Act 1992 is in force
The equipment must not be imported by a person unless:
(a)
a determination in force under subsection 27(2) or 302(2) of the Radiocommunications Act 1992 applies to the person in relation to the equipment; or
(b)
an exemption under another provision of the Radiocommunications Act 1992, including (but not limited to) section 24, 25 or 26 of that Act, applies to the person in relation to the equipment
12
Goods that are chewing tobacco or snuffs intended for oral use
The goods must not be imported unless the quantity imported is no greater than 1.5 kilograms
Sch 3 amended by FRLI No F2024L00416, reg 4 and Sch 2 item 2, effective 1 April 2024.
Sch 3 amended by FRLI No F2023L00980, reg 4 and Sch 1 item 1, effective 6 July 2023.
Sch 3 amended by FRLI No F2023L00753, reg 4 and Sch 1 item 6, effective 13 June 2023.
Sch 3 amended by FRLI No F2022L00512, reg 4 and Sch 1 items 3 and 4, effective 5 April 2022.
Item 11 substituted by FRLI No F2021L00735, reg 4 and Sch 1 item 1, effective 17 June 2021.
Item 3 amended by FRLI No F2019L00594, reg 4 and Sch 1 item 72, effective 1 May 2019.
Item 11 inserted by FRLI No F2016L00704, reg 4 and Sch 1 item 5, effective 10 May 2016.
Item 1 repealed by SLI No 241 of 2015, reg 4 and Sch 1 item 14, effective 15 December 2015.
Item 10 inserted by SLI No 225 of 2012, reg 3 and Sch 1 item 2, effective 3 October 2012.
Item 1 substituted and item 1A omitted by SLI No 317 of 2010, reg 3, Sch 1, item 2, effective 14 December 2010.
Items 1 and 1A substituted by SLI No 103 of 2008, reg 3 and Sch 1, item 1, effective 21 June 2008.
Item 13 omitted by SLI No 245 of 2007, reg 3 and Sch 1 item 5, effective 25 August 2007.
Sch 3 amended by SR No 261 of 2004, SR No 206 of 2002, SR No 30 of 2002, SR No 143 of 2000, SR No 32 of 2000, SR No 386 and SR No 93 of 1997, SR No 324, SR No 91 and SR No 59 of 1996, SR No 15 of 1995, SR No 49 of 1992, SR No 248 of 1991, SR No 467 of 1990 and SR No 460 of 1990.
SCHEDULE 3A
(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)
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
4CA
ADB-BUTINACA
4D
ADB-CHMINACA (otherwise known as MAB-CHMINACA)
4E
ADB-FUBINACA
4EA
Alpha-PiHP
4F
Alpha-pyrrolidinohexanophenone (otherwise known as alpha-PHP)
5
Alfentanil
5A
Alkoxyamphetamines, including but not limited to, the following:
(a) 4-chloro-2,5-dimethoxyamfetamine (otherwise known as 1-(4-chloro-2,5-dimethoxyphenyl) propan-2-amine or DOC);
(b) 2,3,4-trimethoxyamphetamine;
(c) 2,3,5-trimethoxyamphetamine;
(d) 2,3,6-trimethoxyamphetamine;
(e) 2,4,5-trimethoxyamphetamine;
(f) 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
13A
5F-AMB-PINACA (otherwise known as 5F-AMB or 5F-MMB-PINACA)
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
17B
4-AP (N-Phenyl-4-piperidinamine)
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)
4-bromo-2,5-dimethoxyphenethylamine (otherwise known as 2-CB)
30AA
Brorphine
30B
Brotizolam
31
Bufotenine
32
Buprenorphine
32AA
Butonitazene
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
39A
Chloroephedrine
39AA
3-chloromethcathinone (otherwise known as 3-CMC)
39B
Chloropseudoephedrine
40
Chlorphentermine
41
Clobazam
42
Clonazepam
42A
Clonazolam
43
Clonitazene
44
Clorazepate
45
Clotiazepam
46
Cloxazolam
46A
4-CMC (otherwise known as 4-chloromethcathinone or clephedrone)
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)
49FAA
Crotonylfentanyl
49FA
CUMYL-4CN-BINACA
49FB
CUMYL-PEGACLONE
49G
1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (otherwise known as MT-45)
49H
Cyclopropylfentanyl
50
Delorazepam
50A
Deschloroetizolam
50B
N-Desethyl etonitazene
50C
N-Desethyl isotonitazene
50D
N-Desethyl protonitazene
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)
56C
Diclazepam
56D
Diethyl 2-(2-phenylacetyl) propanedioate
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-((ß-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
71A
Diphenidine
71AA
Dipentylone
72
Diphenoxylate
73
Dipipanone
74
Drotebanol
75
Ecgonine
76
Ephedrine
77
Ergometrine
78
Ergot
79
Ergotamine
80
Estazolam
80AA
Etazene
80A
Ethcathinone
81
Ethclorvynol
82
Ethinamate
82A
Ethyl alpha-phenylacetoacetate (otherwise known as EAPA)
83
N-ethylamphetamine
83AA
Ethylene etonitazene
83AB
Ethyleneoxynitazene
83AC
P-2-P ethyl glycidate
83A
N-ethylhexedrone
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
87C
Etizolam
87D
Etodesnitazene
88
Etonitazene
88AA
Etonitazepipne
88A
Etonitazepyne
89
Etorphine
90
Etoxeridine
90A
Etryptamine (otherwise known as 3-(2-aminobutyl)indole)
90B
Eutylone
91
Fencamfamin
92
Fenetylline
93
Fenproporex
94
Fentanyl
94A
Flualprazolam
94B
Flubromazepam
94C
Flubromazolam
95
Fludiazepam
95A
Flunitazene
96
Flunitrazepam
96A
4-fluoroamphetamine (otherwise known as 4-FA)
97
Flurazepam
97AAA
2-fluorodeschloroketamine
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
111A
Ibotenic Acid
112
Isomethadone
112A
Isosafrole
112AAA
Isotodesnitazene
112AA
Isotonitazene
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
127AA
4F-MDMB-BINACA
127AB
5F-MDMB-PICA (otherwise known as 5F-MDMB-2201)
127AC
MDMB-4en-PINACA
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) and its ethyl, propyl, isopropyl, butyl, isobutyl, sec-butyl and tert-butyl esters
127C
Meclonazepam
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
140AA
3-methoxyphencyclidine
140A
Methyl alpha-phenylacetoacetate (otherwise known as MAPA)
141
4-methylaminorex
142
Methylamphetamine
142AA
2-methyl-AP-237
142A
Methyl N-{[1-(cyclohexylmethyl)-1H-indol-3-yl]carbonyl}-3-methyl-L-valinate (otherwise known as MDMB-CHMICA)
Methyl 3-(3', 4'-methylenedioxyphenyl)-2-methyl glycidate (otherwise known as MMDMG)
146AB
3-(3', 4'-Methylenedioxyphenyl)-2-methyl glycidic acid, sodium salt (otherwise known as NaMDMG)
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)
147AAB
P-2-P methyl glycidic acid (otherwise known as BMK glycidic acid)
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
Methylphenidate
148A
Methyl 3-phenyl-2-methyl glycidate
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
151AA
Metodesnitazene (otherwise known as metazene)
151A
Metonitazene
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
163A
Nifoxipam
164
Nimetazepam
165
Nitrazepam
166
Noracymethadol
167
Norcodeine
168
Nordazepam
168A
Norfentanyl
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
196AA
3-Phenyl-2-methyl glycidic acid, sodium salt
196A
Phenylpropanolamine
197
Phenyl-2-propanone
197A
Phenyl-2-propanone bisulphite
197B
3-Phenylpropanoylfentanyl
197C
1-phenyl-2-propyl-2-yl 4-methylbenzenesulfonate
198
Pholcodine
199
PHP or PCPY (otherwise known as 1-(1-phenylcyclohexyl) pyrrolidine)
200
Piminodine
201
Pinazepam
201AA
4-piperidone
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
211A
Protonitazene
211B
Protonitazepyne (otherwise known as N-pyrrolidino protonitazene)
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
214A
Pyrazolam
215
Pyrovalerone
215A
a-pyrrolidinovalerophenone (otherwise known as a-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
218C
Secofentanyl
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)
Sch 4 amended by FRLI No F2025L00182, reg 4 and Sch 1 items 10-35, effective 1 March 2025.
Sch 4 amended by FRLI No F2024L00187, reg 4 and Sch 1 items 8-13, effective 21 February 2024.
Sch 4 amended by FRLI No F2023L01653, reg 4 and Sch 1 items 31-41, effective 13 December 2023.
Sch 4 amended by FRLI No F2020L01003, reg 4 and Sch 1 items 23-44, effective 12 August 2020.
Sch 4 amended by FRLI No F2019L01615, reg 4 and Sch 1 items 18-28, effective 17 December 2019.
Sch 4 amended by FRLI No F2018L01467, reg 4 and Sch 1 items 11-23, effective 27 October 2018.
Sch 4 amended by FRLI No F2018L00459, reg 4 and Sch 2 items 21-50, effective 4 April 2018.
Sch 4 amended by SLI No 152 of 2015, reg 4 and Sch 1 items 19-25, effective 5 September 2015.
Items 5A, 5B, 5C, 17A, 32B, 49A, 49B, 49C, 49D, 49E, 61A, 61B, 66AA, 67AA, 97A, 97B, 108B, 108C, 112AB, 112AC, 112AD, 112AE, 112AF, 118A, 139AA, 146B, 147C, 153A, 159A, 160A, 178A, 191A, 218B, 220A and 230A inserted by, and items 117 and 204 substituted by SLI No 41 of 2013, reg 3 and Sch 1 items 2-25, effective 4 April 2013.
Items 2B, 4A, 5A, 5B, 5C, 14B, 14C, 21A, 29A, 48A, 68AB, 112C, 147B, 173A and 229A inserted by, and items 14, 68A and 147A substituted by SLI No 316 of 2010, reg 3, Sch 1, items 1-12, effective 14 December 2010.
Sch 4 amended by SLI No 279 of 2005, SR No 30 of 2002, SR No 214 of 2000, SR No 250 of 1999, SR No 285 of 1997, SR No 108A of 1996, SR No 211 of 1993 and SR No 289 of 1991.
REQUIREMENTS FOR THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARMS MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
Sch 6 heading substituted by SLI No 275 of 2010, reg 3 and Sch 1(6), effective 19 November 2010.
PART 1 - TESTS
1.
Official purposes test
1.1
The importation of an article complies with the official purposes test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
1.2
The Minister may give written permission for the importation of the article only if the Minister is satisfied that:
(a)
the article is to be imported for the purposes of:
(i)
the government of the Commonwealth, a State or a Territory; or
(ii)
export under a contract to a government of a foreign country, in compliance with the Act (including any regulations or other instruments made under the Act); and
(b)
the ownership arrangements for the article are, or will be, in accordance with subitem 1.4; and
(c)
the importer holds a licence or authorisation to possess the article for the importer's intended use in accordance with the law of the State or Territory in which the article is to be used.
1.3
For paragraph 1.2(a), examples of an article the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:
(a)
an article to be supplied to the government under a contract in force when the article is to be imported; and
(aa)
an article that is to be imported by a person for the purposes of supplying the article to another person to enable that other person to supply the article 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
(ba)
an article that is to be imported by a person for the purposes of enabling another person to show or demonstrate the article (including as part of another article) to the government:
(i)
under a contract or proposed contract; or
(ii)
as part of a tender process; 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
The article may be owned by any person.
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.
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)
(Repealed by FRLI No F2021L01761)
(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 involving the government of the Commonwealth, a State or Territory; and
(B)
will be allowed to remain in the country for a specified period of time, commensurate with that project or tender; and
(C)
will be sold to the government of the Commonwealth, a State or a Territory, exported or destroyed once that period of time has expired;
(v)
if the exportation of the article after its use in such research or development would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted;
(vi)
the Minister is satisfied that the article will be secured appropriately in Australia; or
(h)
(Repealed by SLI No 241 of 2015)
(i)
for a category C or category D article - the article is to be imported in the following circumstances:
(i)
the article is imported for the testing of ammunition manufactured in a State or Territory;
(ii)
the importer holds a licence or authorisation to possess the article for manufacturing and testing ammunition in accordance with the law of the State or Territory in which the article is to be used in manufacturing ammunition;
(iii)
the importer is a manufacturer of small arms or ammunition;
(iv)
the article is being imported for use in the completion of a specific project or tender;
(v)
the article will be secured appropriately in Australia;
(vi)
the article will be destroyed or exported once it is no longer serviceable or required by the importer.
Note:
For the definitions of
category C article,
category D article,
defence-sanctioned activity and
law enforcement-sanctioned activity, see Part 4 of Schedule 6.
Examples of a film for paragraph 2.2(a)
• a cinematographic film
• a film or documentary made specifically for television
• a television program or series.
2.3
[Omitted by SR No 234 of 2000]
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.
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.
Pt 1 of Sch 6 amended by FRLI No F2021L01761, reg 4 and Sch 1 items 5-9, effective 15 December 2021.
Pt 1 of Sch 6 amended by FRLI No F2019L00594, reg 4 and Sch 1 items 73-77, effective 1 May 2019.
Pt 1 of Sch 6 amended by FRLI No F2018L00503, reg 4 and Sch 1 items 14-20, effective 21 April 2018.
Pt 1 of Sch 6 amended by SLI No 241 of 2015, reg 4 and Sch 1 item 16-40, effective 15 December 2015.
Pt 1 of Sch 6 amended by SLI No 168 of 2013, reg 4, Sch 1, items 11-20, effective 13 July 2013.
Pt 1 of Sch 6 amended by SLI No 173 of 2011, reg 3 and Sch 1 item 2, effective 30 September 2011.
Pt 1 of Sch 6 amended by SLI No 275 of 2010, reg 3 and Sch 1(7)-(14), effective 19 November 2010.
Pt 1 of Sch 6 amended by SLI No 255 of 2008, reg 3 and Sch 1, items 1-11, applicable in relation to a request for permission, made on or after 16 December 2008, to import a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica mentioned in reg 4F.
Pt 1 of Sch 6 amended by SLI No 242 of 2006, reg 3 and Sch 1(1)-(13), effective 23 September 2006.
Pt 1 of Sch 6 amended by SR No 253 of 2003; SR No 60 of 2001; SR No 234 of 2000; SR No 32 of 2000; SR No 228 of 1998; SR No 58 of 1998; SR No 52 of 1998; SR No 285 of 1997; SR No 324 of 1996.
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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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;
(ga) a self-opening repeating 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 item 1A of Part 3 of this Schedule applies to the firearm, the firearm must comply with the identification requirements set out in the item.
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 at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) 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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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 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.
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.
For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.
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;
(da) a self-opening repeating action 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 item 1A of Part 3 of this Schedule applies to the firearm, the firearm must comply with the identification requirements set out in the item.
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.
For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.
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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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 item 1A of Part 3 of this Schedule applies to the firearm - the firearm must comply with the identification requirements set out in the item; 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.
For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.
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) the official 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 item 1A of Part 3 of this Schedule applies to the firearm, the firearm must comply with the identification requirements set out in the item.
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.
For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.
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.
Detachable firearm magazine (other than a gravity-fed paintball hopper) designed exclusively for use with a paintball marker and paintballs.
Paintballs.
The importation must comply with the police certification test.
For a firearm, frame or receiver to which item 1A of Part 3 of this Schedule applies, the firearm, frame or receiver must comply with the identification requirements set out in the item.
For a firearm to which item 1 of Part 3 of this Schedule applies, the firearm must comply with the safety requirements set out in the item.
15
Detachable firearm magazine (other than a firearm magazine to which item 14A applies), having a capacity of more than 5 rounds, for:
(a) semi-automatic shotguns; or
(b) pump action shotguns; or
(c) fully automatic shotguns; or
(d) self-opening repeating 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 specified person test;
(c) the specified purposes test;
(d) the returned goods test;
(e) the dealer test.
16
Detachable firearm magazine (other than a firearm magazine to which item 14A applies), 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 (other than a firearm magazine to which item 14A applies), 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 14A, 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;
(e) the dealer 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 or 12 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.
Pt 2 of Sch 6 amended by FRLI No F2021L01761, reg 4 and Sch 1 items 10-24, effective 15 December 2021.
Pt 2 of Sch 6 amended by FRLI No F2020L00293, reg 4 and Sch 2 items 1-13, effective 24 March 2021.
Pt 2 of Sch 6 amended by FRLI No F2016L01255, reg 4 and Sch 1 items 1-4, effective 7 August 2016.
Pt 2 of Sch 6 amended by SLI No 153 of 2015, reg 4 and Sch 1 items 1-3, effective 7 August 2016.
Pt 2 of Sch 6 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 41-43, effective 15 December 2015.
Pt 2 of Sch 6 amended by SLI No 133 of 2015, reg 4 and Sch 1 items 1-3, effective 7 August 2015.
Pt 2 of Sch 6 amended by SLI No 168 of 2013, reg 4, Sch 1, items 21-51, effective 13 July 2013.
Pt 2 of Sch 6 amended by SLI No 275 of 2010, reg 3 and Sch 1(15)-(22) and (25), effective 19 November 2010.
Pt 2 of Sch 6 amended by SLI No 255 of 2008, reg 3 and Sch 1, items 12-20, applicable in relation to a request for a permission, made on or after 16 December 2008, to import a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica mentioned in reg 4F.
Pt 2 of Sch 6 amended by SLI No 242 of 2006, reg 3 and Sch 1(14)-(63), effective 23 September 2006.
Pt 2 of Sch 6 amended by SR No 72 of 2004; SR No 60 of 2001; SR No 234 of 2000; SR No 228 of 1998; SR No 58 of 1998; SR No 54 of 1998; and SR No 123 of 1996.
PART 3 - CONDITIONS RELATING TO THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS
1A.
Identification requirements for firearms, frames and receivers
Scope of this item
1A.1
This item applies to a firearm, frame or receiver that was manufactured on or after 1 January 1900.
Identification requirements
1A.2
A firearm, frame or receiver complies with the identification requirements if:
(a)
the firearm, frame or receiver is visually inspected by a Collector, and found to comply with subitem (3); or
(b)
each of the following applies:
(i)
the firearm, frame or receiver is included in a consignment of firearms, frames or receivers;
(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, frame or receiver in the sample is found to comply with subitem (3).
1A.3
For the purposes of subitem (2), a firearm, frame or receiver must:
(a)
have a unique serial number that consists only of Arabic numerals, English letters, or punctuation marks; and
(b)
display the serial number in accordance with subitem (4):
(i)
in the case of a firearm - on the frame or receiver of the firearm; or
(ii)
in the case of a frame or receiver - anywhere on the frame or receiver.
1A.4
For the purposes of paragraph (3)(b), the serial number must be:
(a)
easily recognisable as the serial number of the firearm, frame or receiver; and
(b)
legible; and
(c)
able to be read without the use of any device or tool.
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 whentested 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 condition that 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
5.1
In 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.
Pt 3 of Sch 6 amended by FRLI No F2021L01761, reg 4 and Sch 1 item 25, effective 15 December 2021.
Pt 3 of Sch 6 amended by FRLI No F2020L00293, reg 4 and Sch 2 items 14-20, effective 24 March 2020.
Pt 3 of Sch 6 amended by FRLI No F2020L00293, reg 4 and Sch 1 items 3-7, effective 25 March 2020.
Pt 3 of Sch 6 amended by FRLI No F2019L00594, reg 4 and Sch 1 items 78-82, effective 1 May 2019.
Pt 3 of Sch 6 amended by FRLI No F2018L00503, reg 4 and Sch 1 item 21, effective 21 April 2018.
Pt 3 of Sch 6 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 44-52, effective 15 December 2015.
Pt 3 of Sch 6 amended by SLI No 90 of 2015, reg 4 and Sch 2 items 100 and 101, effective 1 July 2015.
Pt 3 of Sch 6 amended by SLI No 251 of 2013, Sch 2, items 1-2, effective 26 November 2013.
Pt 3 of Sch 6 amended by SLI No 168 of 2013, reg 4, Sch 1, items 52-81, effective 13 July 2013.
Pt 3 of Sch 6 amended by SLI No 275 of 2010, reg 3 and Sch 1(23)-(24), effective 19 November 2010.
Pt 3 of Sch 6 amended by SLI No 255 of 2008, reg 3 and Sch 1, items 21-25, applicable in relation to a request for a permission, made on or after 16 December 2008, to import a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica mentioned in reg 4F.
Pt 3 of Sch 6 amended by SR No 72 of 2004; SR No 331 of 2002; SR No 60 of 2001; SR No 234 of 2000; SR No 228 of 1998; SR No 58 of 1998; SR No 52 of 1998; SR No 324 of 1996; and SR No 123 of 1996.
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:
(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 purposes6.1
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 collector7.1
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 activity8.1
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)
Pt 4 of Sch 6 amended by FRLI No F2019L00594, reg 4 and Sch 1 items 83-85, effective 1 May 2019.
Pt 4 of Sch 6 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 53-55, effective 15 December 2015.
Pt 4 of Sch 6 amended by SLI No 168 of 2013, reg 4, Sch 1, items 82-90, effective 13 July 2013.
Pt 4 of Sch 6 amended by SLI No 173 of 2011, reg 3 and Sch 1 item 3, effective 30 September 2011.
Pt 4 of Sch 6 amended by SLI No 255 of 2008, reg 3 and Sch 1, items 26-29, applicable in relation to a request for a permission, made on or after 16 December 2008, to import a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or a replica mentioned in reg 4F.
Pt 4 of Sch 6 amended by SR No 253 of 2003; SR No 26 of 2003; SR No 331 of 2002; SR No 60 of 2001; SR No 234 of 2000; SR No 32 of 2000; SR No 228 of 1998; and SR No 58 of 1998.
Pt 4 inserted by SR No 52 of 1998.
Sch 6 inserted by SR No 91 of 1996.
SCHEDULE 7
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.
Heading substituted by SR No 289 of 1991, reg 10, effective 17 September 1991.
SCHEDULE 7A
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)
Item 4 inserted by SR No 30 of 2002, reg 3, Sch 1, item 13, effective 7 March 2002. Items 2 and 3' by SR No 75 of 2000, Sch 1, item 1, effective 26 May 2000; Sch 7A inserted by SR No 202 of 1999, s 3 and Sch 1 item 9, effective 16 September 1999.
Sch 7A amended by FRLI No F2018L00459, reg 4 and Sch 2 item 51, effective 4 April 2018.
SCHEDULE 8
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 by FRLI 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.
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.
Sch 10 repealed by FRLI No F2023L00753, reg 4 and Sch 1 item 7, effective 13 June 2023.
Sch 10 amended by FRLI No F2017L01645, reg 4 and Sch 1 items 15 and 16, effective 1 January 2018.
Sch 10 amended by FRLI No F2017L01645, reg 4 and Sch 1 items 7 and 8, effective 19 December 2017.
Sch 10 amended by SLI No 120 of 2012, reg 3, Sch 1, item 7, effective 1 July 2012.
Sch 10 amended by SR No 108 of 2004, reg 3, Sch 1, item 6, effective 3 June 2004.
Sch 10 inserted by SR No 385 of 1997, reg 3, effective 24 December 1997.
SCHEDULE 11
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):
(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)
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:
(i) O-Mustard (T): bis (2-chloroethylthioethyl) ether
63918-89-8
5
The following Lewisites:
(a) Lewisite 1: 2-chlorovinyldichloroarsine
541-25-3
(b) Lewisite 2: 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:
P-alkyl (H or ≤ C10, including cycloalkyl) N-(1-(dialkyl (≤ C10, including cycloalkyl) amino)) alkylidene (H or ≤ C10, including cycloalkyl) phosphonamidic fluorides and corresponding alkylated or protonated salts, including:
(a) N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride; and
O-alkyl (H or ≤ C10, including cycloalkyl) N-(1-(dialkyl (≤ C10, including cycloalkyl) amino)) alkylidene (H or ≤ C10, including cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts, including:
(a) O-n-Decyl N-(1-(di-n-decylamino)-n-decylidene) phosphoramidofluoridate; and
2387496-00-4
(b) methyl (1-(diethylamino) ethylidene) phosphoramidofluoridate; and
(b) the following bisquaternaries of dimethylcarbamoyloxypyridines: 1, n-Bis [N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl (≤ C10) ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-12), including:
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:
Sch 11 amended by SR No 30 of 2002, reg 3, Sch 1, items 15-16, effective 7 March 2002; SR No 332 of 1999, reg 3 and Sch 2, effective 1 January 2000; inserted by SR No 325 of 1996, reg 5.1, effective 1 January 1997.
SCHEDULE 12
(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
(Repealed by FRLI No F2024L00416)
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".
Sch 12 amended by FRLI No F2024L00416, reg 4 and Sch 2 item 3, effective 1 April 2024.
Sch 12 amended by FRLI No F2019L00365, reg 4 and Sch 1 item 19, effective 26 March 2019.
Item 11 inserted by SLI No 44 of 2006, reg 3, Sch 1[3], effective 7 March 2006.
Items 9 and 10 inserted by SR No 54 of 2003, reg 3, Sch 1, item [9] and [10], effective 14 April 2003.
Item 5 substituted by SR No 30 of 2002, reg 3, Sch 1, item 17, effective 7 March 2002. Sch 12 inserted by SR No 332 of 1999, reg 3 and Sch 1, effective 22 December 1999.
REQUIREMENTS FOR THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS
PART 1 - TESTS
1
Official purposes test
1.1
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:
(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
(aa)
a good that is to be imported by a person for the purposes of supplying the good to another person to enable that other person to supply the good to the government under a contract in force when the article is to be imported; and
(b)
a good to be shown to the government to demonstrate its uses; and
(ba)
a good that is to be imported by a person for the purposes of enabling another person to show or demonstrate the good (including as part of another article) to the government:
(i)
under a contract or proposed contract; or
(ii)
as part of a tender process; 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
The article may be owned by any person.
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.
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)
(Repealed by FRLI No F2021L01761)
(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 involving the government of the Commonwealth, a State or Territory; 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
7.1
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 the importer 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.
Pt 1 of Sch 13 amended by FRLI No F2021L01761, reg 4 and Sch 1 items 26-31, effective 15 December 2021.
Pt 1 of Sch 13 amended by FRLI No F2019L01047, reg 4 and Sch 1 item 6, effective 10 August 2019.
Pt 1 of Sch 13 amended by FRLI No F2018L00503, reg 4 and Sch 1 items 22-28, effective 21 April 2018.
Pt 1 of Sch 13 amended by FRLI No F2016L00704, reg 4 and Sch 1 item 6, effective 10 May 2016.
Pt 1 of Sch 13 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 56-77, effective 15 December 2015.
PART 2 - REQUIREMENTS FOR SPECIFIED WEAPONS AND WEAPON PARTS
Item
Weapons and weapon parts
Requirements
1
Any of, or any combination of, 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 (including cartridges) 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 aceremonial 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
48
Electromagnetic weapons or similar devices (other than those to which item 1 applies) that:
(a) are designed or adapted to propel or launch a substance or other thing by means of electromagnetic force; and
(b) when discharged, are capable of causing:
(i) damage to property; or
(ii) bodily harm
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the national interest test
49
Parts for electromagnetic weapons or similar devices to which item 48 applies
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the national interest test
50
Directed energy weapons or similar devices (not including devices to which item 44 applies) that:
(a) are designed to damage their target with highly focused energy (including high energy lasers, high power microwaves, particle beams and sound beams) without a solid projectile; and
(b) when discharged, are capable of causing:
(i) damage to property; or
(ii) 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 returned goods test;
(d) the national interest test
51
Parts for directed energy weapons or similar devices to which item 50 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 returned goods test;
(d) the national interest test
Pt 2 of Sch 13 amended by FRLI No F2023L01540, reg 4 and Sch 1 item 1, effective 24 November 2023.
Pt 2 of Sch 13 amended by FRLI No F2022L00113, reg 4 and Sch 1 item 1, effective 10 February 2022.
Pt 2 of Sch 13 amended by FRLI No F2021L01761, reg 4 and Sch 1 item 32, effective 15 December 2021.
Pt 2 of Sch 13 amended by FRLI No F2019L01047, reg 4 and Sch 1 items 7-26, effective 10 August 2019.
Pt 2 of Sch 13 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 78-86, effective 15 December 2015.
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 condition that 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.
Pt 3 of Sch 13 amended by FRLI No F2021L01761, reg 4 and Sch 1 item 33, effective 15 December 2021.
Pt 3 of Sch 13 amended by SLI No 241 of 2015, reg 4 and Sch 1 items 86 and 87, effective 15 December 2015.
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).
Sch 13 inserted by SLI No 233 of 2011, reg 4 and Sch 1 item 12, effective 14 December 2011; amended by SLI No 196 of 2012, reg 3 and Sch 1 items 5 to 8, effective 21 August 2012.
View history note
Hide history note