Federal Register of Legislation - Australian Government

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Regulations as made
This regulation amends the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) to prohibit the importation of lever action shotguns with a magazine capacity of more than five rounds, as well as prohibit the importation of firearm magazines with a capacity of more than five rounds for lever action shotguns whether or not attached to a firearm, into Australia.
Administered by: Immigration and Border Protection
Registered 02 Aug 2016
Tabling HistoryDate
Tabled Senate30-Aug-2016
Tabled HR30-Aug-2016
Date of repeal 08 Aug 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
30-Aug-2016
Expiry Date:
21-Nov-2016
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
22-Nov-2016
Resolution Time:
Provisions:

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2016 No.

 

Issued by the Minister for Immigration and Border Protection

 

Customs Act 1901

 

Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016

 

The Customs Act 1901 (the Act) relates to customs functions and provides, amongst other things, for the importation and exportation of goods to and from Australia.

 

Subsection 270(1) of the Act provides, in part, that the Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act.

 

The Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016 (the Amendment Regulation) amends the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations) to prohibit the importation of lever action shotguns with a magazine capacity of more than five rounds, as well as prohibit the importation of firearm magazines with a capacity of more than five rounds for lever action shotguns whether or not attached to a firearm, into Australia. The Amendment Regulation is intended to be in place until the review of the National Firearms Agreement is concluded and the agreed outcomes are implemented.

 

The Customs (Prohibited Imports) Amendment (Sunsetting of Firearms and Firearm Magazines Provisions) Regulation 2015 currently provides for the relevant prohibitions in the PI Regulations. However, this Regulation will sunset on 7 August 2016.

 

The Amendment Regulation has the effect of maintaining the relevant prohibition as introduced and implemented by the Customs (Prohibited Imports) Amendment (Firearms and Firearm Magazines) Regulation 2015 while the review of the National Firearms Agreement continues. The review of the National Firearms Agreement was a recommendation of the joint Martin Place Siege Review conducted by the Commonwealth and the New South Wales Governments.

 

The Amendment Regulation ensures that the review of the National Firearms Agreement will not be undermined by the relevant shotguns and magazines being imported into Australia while the review is underway. Details of the Amendment Regulation are set out in Attachment A.

 

A Statement of Compatibility with Human Rights (the Statement) has been prepared and completed for the Amendment Regulation in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement’s overall assessment of the Amendment Regulation is that the Regulation is compatible with human rights as it does not raise any human rights issues. A copy of the Statement is at Attachment B.

 

The Department of Immigration and Border Protection has consulted with the Attorney‑General’s Department, as the agency responsible for Commonwealth firearms policy. The Minister for Justice has also been consulted. Targeted consultation was undertaken at the time the original prohibitions were introduced.

 

The Office of Best Practice Regulation (OBPR) has assessed the Amendment Regulation has no regulatory impacts on business, community organisations or individuals, and that a Regulatory Impact Statement is not required to be prepared. The OBPR consultation reference is 20998.

 

The Amendment Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Amendment Regulation commences on 7 August 2016.


ATTACHMENT A

 

 

Details of the Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016

 

Section 1 – Name of Regulation

 

This section provides that the title of the Regulation is the Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016 (the Amendment Regulation).

 

Section 2 – Commencement

 

This section sets out, in a table, the date on which the Amendment Regulation will commence, and provides that each provision of that Regulation as specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of that table, and that any other statement in column 2 is to have effect according to its terms.

 

The Amendment Regulation commences immediately after the commencement of the Customs (Prohibited Imports) Amendment (Sunsetting of Firearms and Firearm Magazines Provisions) Regulation 2015 (the Sunsetting Regulation), on 7 August 2016.

 

The commencement of the Amendment Regulation immediately after the commencement of the Sunsetting Regulation will ensure the prohibitions on the importation of lever action shotguns fitted with a firearm magazine having a capacity of more than five rounds, and a firearm magazine having a capacity of more than five rounds for lever action shotguns, is maintained.

 

Section 3 – Authority

 

This section provides that the Amendment Regulation is made under the Customs Act 1901 (the Act).

 

The purpose of this section is to set out the Act under which the Amendment Regulation is to be made.

 

Section 4 – Schedule(s)

 

This section provides for each instrument that is specified in a Schedule to this instrument to be amended or repealed as set out in the applicable items in the Schedule concerned, and for any other item in a Schedule to this instrument to have effect according to its own terms.

 

The purpose of this section is to provide for how amendments in this Amendment Regulation are to operate.

 

Schedule 1 – Amendments

 

Customs (Prohibited Imports) Regulations 1956

 

The items in Schedule 1 set out in detail the amendments to the Customs (Prohibited Imports) Regulations 1956 (the PI Regulations).

 

Item 1 – Part 2 of Schedule 6 (table item 2, column 2, paragraph (f))

 

This item omits and substitutes the words “shot gun” in the cell under column 2 at paragraph (f) of the table under Part 2 of Schedule 6 to the PI Regulations with the word “shotgun”.

 

The amendment does not change the type of shotgun covered by paragraph (f) of table item 2 of the table under Part 2 of the Schedule. The amendment is only made to ensure the references to “shotgun” throughout the PI Regulations are consistent.

 

Item 2 – Part 2 of Schedule 6 (table item 2, column 2, paragraph (g))

 

Table item 2 of Part 2 of Schedule 6 to the PI Regulations identifies specific categories of firearms that may lawfully be imported into Australia if the requirements in column 3 are met. The specific requirements referred to in column 3 are described in Part 1 of Schedule 6 and are mandatory requirements for lawful importation of firearms and firearm magazines under Regulation 4F of the PI Regulations.

 

This item repeals and substitutes the cell under column 2 at paragraph (g) of table item 2 of the table under Part 2 of Schedule 6 with a new paragraph. The new paragraph refers to a lever action shotgun without a firearm magazine, or a lever action shotgun fitted with a firearm magazine with a capacity of no more than five rounds.

 

This item maintains the amendments made by the Customs (Prohibited Imports) Amendment (Firearms and Firearm Magazines) Regulation 2015 (the previous Amendment Regulation) such that lever action shotguns with a magazine capacity of more than five rounds cannot be imported under the tests applicable to table item 2 to Part 2 of Schedule 6 of the PI Regulations.

 

This amendment is complemented by the amendments in item 3 below, which together operate to exclude lever action shotguns with a magazine capacity of more than five rounds from Part 2 of Schedule 6. As such, paragraph 4F(1)(a) of the PI Regulations operates to prohibit lever action shotguns with a magazine capacity of more than five rounds being imported into Australia as firearms are only able to be imported when the firearm is an article listed in Part 2 of Schedule 6.

 

Lever action shotguns with a magazine capacity of no more than five rounds may be imported into Australia if one of the relevant tests listed in column 3 is satisfied by the importer.

 

Item 3 – Part 2 of Schedule 6 (cell at table item 12, column 2)

 

Table item 12 of Part 2 of Schedule 6 to the PI Regulations provides that firearms, other than those identified in certain specified items of Part 2 of Schedule 6, may lawfully be imported into Australia if the requirements of column 3 are met.

 

This item repeals and substitutes the cell under column 2 at table item 12 of the table under Part 2 of Schedule 6 to the PI Regulations to also exclude a lever action shotgun fitted with a firearm magazine having a capacity of more than five rounds.

 

This item is consistent with similar amendments made by the previous Amendment Regulation. The item prohibits the importation of lever action shotguns fitted with a firearm magazine having a capacity of more than five rounds from being articles that may be imported into Australia unless one of the tests in column 3 of that table item are met.

 

Item 4 ‑ Part 2 of Schedule 6 (cell at table item 17, column 2)

 

Table item 17 of Part 2 of Schedule 6 to the PI Regulations provides for firearm magazines, other than those captured in the other table items of Part 2 of Schedule 6, to be lawfully imported into Australia if the requirements of column 3 are met.

 

This item repeals and substitutes the cell under column 2 at table item 17 of the table under Part 2 of Schedule 6 to the PI Regulations to also exclude firearm magazines having a capacity of more than five rounds for lever action shotguns, whether or not attached to a firearm.

 

As  magazines for lever action shotguns with a magazine capacity of more than five rounds are now not included in Part 2 of Schedule 6, paragraph 4F(1)(a) of the PI Regulations prohibits their importation into Australia as firearm magazines are unable to be imported unless the firearm magazine is an article listed in Part 2 of Schedule 6.

 

This is consistent with the amendment made by the previous Amendment Regulation. 

This amendment is necessary as due to items 2 and 3 above, the shotguns that the magazines apply to articles that are prohibited from importation into Australia.


ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016

 

This Legislative Instrument, entitled “Customs (Prohibited Imports) Amendment (Shotguns and Shotgun Magazines) Regulation 2016” (the Amendment Regulation) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview

 

The Amendment Regulation amends the Customs (Prohibited Imports) Regulations 1956 to prohibit the importation of lever action shotguns with a magazine capacity of more than five rounds, as well as the importation of firearm magazines with a capacity of more than five rounds for lever action shotguns whether or not attached to a firearm.

 

Consistent with the amendments made by the Customs (Prohibited Imports) Amendment (Firearms and Firearm Magazines Provisions) Regulation 2015, the purpose of the Amendment Regulation is to maintain the prohibition introduced and implemented by that Regulation and to also ensure that lever action shotguns with a magazine capacity of more than five rounds are not imported into Australia prior to the finalisation of the review of the National Firearms Agreement.

 

Accordingly, and in order to ensure that the prohibition on the importation of lever action shotguns with a magazine capacity of greater than five rounds cannot be avoided by importing the magazines separately, the Amendment Regulation also prohibits the importation of magazines with a capacity of greater than five rounds for lever action shotguns.

 

Human rights implications

 

The Amendment Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Amendment Regulation is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon Peter Dutton MP, Minister for Immigration and Border Protection