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SLI 2011 No. 233 Regulations as made
These Regulations amend the Customs (Prohibited Imports) Regulations 1956 to introduce new importation controls on certain non-firearms weapons.
Administered by: Attorney-General's
General Comments: Transitional: see regulation 4 of this instrument for transitional provisions.
Registered 13 Dec 2011
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 19 Jul 2013
Repealed by Customs and Border Protection (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

Customs (Prohibited Imports) Amendment Regulations 2011 (No. 4)1

Select Legislative Instrument 2011 No. 233

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 7 December 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

BRENDAN O’CONNOR


1              Name of Regulations

                These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2011 (No. 4).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Customs (Prohibited Imports) Regulations 1956

                Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

4              Transitional

                The Customs (Prohibited Imports) Regulations 1956, as in force immediately before the commencement of these Regulations, continue to apply in relation to:

                (a)    a good imported before the commencement of these Regulations; and

               (b)    a good imported on or after the commencement of these Regulations if the permission to import the good was granted before the commencement of these Regulations.


Schedule 1        Amendments

(regulation 3)

 

[1]           Regulation 3A, heading

substitute

3A           Criteria for the purposes of provisions of regulations 4F and 4H relating to defence forces of certain overseas countries.

[2]           Regulation 3A

omit

subregulations 4 (1AAA) and 4F (2)

insert

subregulation 4F (2) and paragraph 4H (2) (a)

[3]           Regulation 3B, heading

substitute

3B           Criteria for the purposes of provisions of regulations 4F and 4H relating to police forces of certain overseas countries

[4]           Regulation 3B

omit

subregulations 4 (1AAB) and 4F (2A)

insert

subregulation 4F (2A) and paragraph 4H (2) (b)

[5]           Regulation 3C, heading

substitute

3C           Criteria for the purposes of provisions of regulations 4F and 4H relating to air security officers

[6]           Subregulation 3C (1)

omit

subregulations 4 (1AAC) and (3) and 4F (2B)

insert

subregulations 4 (3) and 4F (2B) and paragraph 4H (2) (c)

[7]           Subregulation 4 (1)

omit

Subject to subregulations (1AAA), (1AAB) and (1AAC), the

insert

The

[8]           Subregulations 4 (1AAA), (1AAB) and (1AAC)

omit

[9]           Subregulation 4F (4), definition of firearm, subparagraph (c) (x)

omit

item 8 of Schedule 2 applies;

insert

item 1 of Part 2 of Schedule 13 applies;

[10]         After regulation 4G

insert

4H           Importation of certain weapons and weapon parts

         (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.

         (2)   Subregulation (1) does not apply to the following goods:

                (a)    goods that:

                          (i)    are specified in Part 2 of Schedule 13; and

                         (ii)    meet the criteria set out in regulation 3A;

               (b)    goods that:

.                         (i)    are specified in item 41 or 42 of Part 2 of Schedule 13; and

                         (ii)    meet the criteria set out in regulation 3B;

                (c)    goods that:

                          (i)    are specified in item 2, 3, 5, 6, 12, 14, 16, 20, 23, 24, 26, 27, 29, 33, 41, or 42 of Part 2 of Schedule 13; and

                         (ii)    meet the criteria set out in subregulation 3C (1).

         (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.

         (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.

[11]         Schedule 2, table, 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

omit

[12]         After Schedule 12

insert

Schedule 13      Requirements for the importation of certain weapons and weapon parts

(regulation 4H)

Part 1          Tests

                A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:

1              Official purposes test

        1.1   The importation of a good to which the official purposes test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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 for the purposes of the government of the Commonwealth, a State or a Territory; 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 import holds a licence or authorisation of that kind.

        1.3   If an authorised person forms an opinion that the permission should not be granted:

                (a)    the authorised person must refer the application to the Minister; and

               (b)    the Minister may grant, or refuse to grant, the permission under subitem 1.2.

        1.4   For paragraph 1.2 (a), examples of a good the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:

                (a)    a good to be supplied to the government under a contract in force when the good is to be imported; and

               (b)    a good to be shown to the government to demonstrate its uses; and

                (c)    a good that the government proposes to inspect, test or evaluate; and

               (d)    a good that the government proposes to use for training; and

                (e)    a good that has been given or donated to the government; and

                (f)    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

Either:

   (a)  the government must own the good at the time of importation, and must retain ownership; or

  (b)  the government must intend to acquire ownership of the good in a period that the Minister or authorised person consider appropriate (to be specified in the permission), and must retain ownership

Note   See item 1 of Part 3 of this Schedule

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

The good may be owned by any person

Note   See item 1 of Part 3 of this Schedule

 

  (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

 

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

4

Any other good

The government must:

   (a)  own the good at the time of importation; and

  (b)  retain ownership

2              Specified purposes test

        2.1   The importation of a good to which the specified purposes test relates complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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)    the Minister for Defence, or a person authorised for regulation 13E of the Customs (Prohibited Exports) Regulations 1958, has stated, in writing, that a licence or permission to export the ammunition, or the component of ammunition, will be granted under that regulation; 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, 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 country other than Australia; 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, research or development — the imported holds a licence or authorisation of that kind;

                        (iv)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good — the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, has stated, in writing, that a licence or permission to export the good after the repairs, modification or testing, or use in training, research or development, will be granted under that regulation; or

               (d)    the good is to be imported in the following circumstances:

                          (i)    the good is to be imported only for transhipment to another country;

                         (ii)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 applies to the export of the good — the Minister for Defence or a person authorised for regulation 13E of the Customs (Prohibited Exports) Regulations 1958, has granted a licence or permission to export the good; 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 or police force of another country;

                        (iii)    the good is to be imported by:

                                   (A)     the defence or police force that is the owner of the good; or

                                   (B)     a member of that defence or police force to whom the good has been issued;

                        (iv)    the defence or police force has been invited to participate in the sanctioned activity mentioned in subparagraph (i);

                         (v)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good — the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, has stated, in writing, that a licence or permission to export the good will be granted under that regulation; or

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

                          (i)    the importer’s principal or sole occupation is the business of researching or developing weapons technology or other defence and law enforcement related products;

                         (ii)    the importer has a proven history of developing
or producing weapons technology or other defence and law enforcement related products for the government of the Commonwealth, a State or a Territory;

                        (iii)    if the importer is required to hold a licence or authorisation to possess the good for research or development purposes in the State or Territory in which the good is to be used — the importer holds a licence or authorisation of that kind.

                        (iv)    the good:

                                   (A)     is being imported for the completion of a specific project or tender; and

                                   (B)     will be allowed to remain in the country for a specified period of time, commensurate with that project or tender; and

                                   (C)     will be exported or destroyed once that period of time has expired;

                         (v)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 would apply to the export of the good — the Minister for Defence, or a person authorised under regulation 13E of the Customs (Prohibited Exports) Regulations 1958, has stated, in writing, that a licence or permission to export the good after the use in research or development will be granted under that regulation;

                        (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 to which the specified person test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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 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

                (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.

        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 to which the dealer test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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)    if the importation of the good is stated by the importer to be for demonstration or testing purposes:

                          (i)    the good is to be used by the importer for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes; and

                         (ii)    the importation of the good will not result in the importer having in Australia (excluding any goods imported in compliance with a test other than the dealer test):

                                   (A)     more than one of a particular model of a good that has been imported for demonstration or testing purposes; or

                                   (B)     more than a total of 5 goods that have been imported for demonstration or testing purposes.

        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 to which the returned goods test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 applied to the good when previously exported — the good had previously been exported in accordance with a licence or permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958; and

                         (ii)    if regulation 13E of the Customs (Prohibited Exports) Regulations 1958 did not apply to the good when previously exported — the importer has provided evidence that the good had previously been lawfully exported; 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 the export; 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)    a licence or permission to export the good under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 is in force, but the good has not been exported; and

                         (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 lives — the importer holds a licence or authorisation of that kind.

        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              Police certification test

                The importation of a good to which the police certification test relates, complies with the test if the importer of the good has been given a statement, in an approved form, by a relevant police representative 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.

7              Collectors and non-government museum test

        7.1   The importation of a good to which the collectors and non‑government museum test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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 to which the historical items test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister or an authorised person 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 to which the public interest test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister 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 to which the national interest test relates, complies with the test if the importer of the good produces to a Collector, at or before importation, the written permission of the Minister for the importation of the good.

      10.2   The Minister may give written permission for the importation of the good if the Minister is satisfied of the following:

                (a)    it is in the national interest to allow the good to be imported;

               (b)    if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer lives — the importer holds a licence or authorisation of that kind;

                (c)    the good will be secured appropriately in Australia.

Part 2          Requirements for specified weapons and weapon parts

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

Flame throwers

Gases or liquids designed for the purpose of filling or incapacitating persons, and devices or apparatus designed or adapted for use with those goods

Grenades of any type, whether charged or not

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

 

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

Tanks, other military vehicles, military aircraft (manned or unmanned), military helicopters (manned or unmanned), naval vessels (surface and submarine vessels armed or equipped for military use)

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

 

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)  novelty shock devices that are powered by a storage battery capacity not exceeding 6 volts

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

4

Parts for hand-held electric devices to which item 3 applies

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

5

Acoustic anti-personnel devices that are designed:

   (a)  to cause permanent or temporary incapacity or disability to a person; or

  (b)  to otherwise physically disorientate a person

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

6

Hand-held battery-operated devices designed to discharge a gas or liquid

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

7

Blow-guns or blows-pipes that are capable of projecting a dart, or other devices that consist of a pipe or tube through which a missile in the form of a dart is capable of being projected by:

   (a)  the exhaled breath of the user; or

  (b)  another means other than an explosive

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the police certification test

8

Darts capable of being projected from:

   (a)  a blow-gun or blow-pipe; or

  (b)  another device that consists of a pipe or tube through which a missile in the form of a dart is capable of being projected by:

         (i)   the exhaled breath of the user; or

        (ii)   another means other than an explosive

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the police certification test

9

Goods of the kind known as nunchakus

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 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 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, assisted opening knives or flipper 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

Single handed opening knives, being knives that have a blade folded or recessed into the handle which is capable of being opened by gravity, inertia 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

17

Parts for single handed opening knives described in item 16

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

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 or sling shots designed for use with, or a component part of which is, a brace that:

   (a)  fits or rests upon the forearm or upon another part of the body of the user; and

  (b)  supports the wrist or forearm against the tensions of any material used to propel 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 or sling shots 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;

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

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

29

Throwing blades, throwing knives or throwing axes:

   (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

30

Knives, blades or spikes 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, being goods consisting of claws that are made or modified to be attached to or worn on the hands or feet

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

32

Weighted gloves or similar goods (including a fingerless glove) consisting of a weighted glove designed or constructed to be used as a weapon

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

33

Butterfly knives, devices known as ‘balisongs’, or other devices that consist of a single-edge or multi‑edged blade or spike that:

   (a)  fits within 2 handles attached to the blade or spike by transverse pivot pins; and

  (b)  is capable of being opened by inertia, gravity or centrifugal force

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test.

34

Parts for butterfly knives, devices known as ‘balisongs’, or other devices described in item 33

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

35

Shark darts or similar devices that are designed to expel, on or after contact, a gas or other substance capable of causing bodily harm

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

36

Parts for shark darts or similar devices described in item 35

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

37

Dart projectors known as ‘darchery dartslingers’ or similar devices that are designed to project a dart by means of an elasticised band

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

38

Parts for dart projectors known as ‘darchery dartslingers’ or similar devices described in item 37

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (e)  the public interest test;

   (f)  the national interest test

39

Maces or similar goods:

   (a)  capable of causing injury; and

  (b)  consisting of a club or staff fitted with a flanged or spiked head;

other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions

The importation must comply with at least one of the following tests:

   (a)  the official purposes test;

  (b)  the specified purposes test;

   (c)  the dealer test;

  (d)  the returned goods test;

   (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;

   (e)  the historical items test;

   (f)  the public interest test;

   (g)  the national interest test

41

Body armour, protective jackets, protective vests, protective suits, anti-ballistic goods or any other similar goods:

   (a)  able to be worn, either independently, or as a part of something else, on the human body; and

  (b)  designed or adapted to protect the human body from the effects of a weapon (for example, a knife);

other than anti-ballistic goods used for eye or hearing 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;

   (f)  the historical items test;

   (g)  the public interest test;

  (h)  the national interest test

42

Extendable or telescopic batons, 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;

   (f)  the public interest test;

   (g)  the national interest test

43

Parts for extendable or telescopic batons 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;

   (f)  the public interest test;

   (g)  the national interest test

44

Hand-held goods, commonly known as laser pointers, 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;

   (f)  the public interest test;

   (g)  the national interest test

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 to the government of the Commonwealth, a State or a Territory under a contract is subject to the following conditions:

                (a)    if the government does not acquire ownership of the good in the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;

               (b)    the importer must comply with any condition or requirement specified, in relation to the good, in the permission.

        1.2   The importation, in accordance with the official purposes test, of a good to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses is subject to the following conditions:

                (a)    unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;

               (b)    the importer must comply with any condition or requirement specified, in relation to the good, in the permission.

        1.3   The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to inspect, test or evaluate is subject to the following conditions:

                (a)    unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;

               (b)    the importer must comply with any condition or requirement specified, in relation to the good, in the permission.

        1.4   The importation, in accordance with the official purposes test, of a good that the government of the Commonwealth, a State or a Territory proposes to use for training is subject to the following conditions:

                (a)    unless the good has been destroyed, or the government has acquired ownership of the good within the period, after importation, mentioned in the permission, the importer must export the good as soon as practicable;

               (b)    the importer must comply with any condition or requirement specified, in relation to the good, in the permission.

        1.5   The importation, in accordance with the official purposes test, of a good that is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory is subject to the following conditions:

                (a)    the good must be exported within the period, after importation, mentioned in the permission;

               (b)    the importer must comply with any condition or requirement specified, in relation to the good, in the permission.

2              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

                The importation of a good, in accordance with the dealer test, is subject to the following conditions:

                (a)    the importer must not sell the good except to a certified buyer;

               (b)    if the importer has stated that the importation of the good is for demonstration or testing purposes:

                          (i)    the importer must not use the good except for the purpose of demonstrating its uses or for inspection, testing or evaluation purposes, during the period, after importation, mentioned in the permission; and

                         (ii)    the importer must retain ownership and possession of the good, during the period, after importation, mentioned in the permission, unless the good is exported or destroyed; and

                        (iii)    the importer must, after the period mentioned in the permission:

                                   (A)     retain the good for the purpose of demonstrating its uses for inspection; or

                                   (B)     export the good; or

                                   (C)     destroy the good; or

                                   (D)     deal with the good in accordance with paragraph (a).

Part 4          Interpretation

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              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 Minster 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              Meaning of sanctioned activity

                For this Schedule, sanctioned activity means:

                (a)    a defence-sanctioned activity within the meaning given by item 8 of Part 4 of Schedule 6; or

               (b)    a law enforcement-sanctioned activity within the meaning given by item 9 of Part 4 of Schedule 6.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.