Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1996 NO. 59

STATUTORY RULES 1996 No. 59

Issued by the Authority of the Minister for Small Business and Consumer Affairs

Customs Act 1901

Customs (Prohibited Imports) Regulations (Amendment)

Section 50 of the Customs Act 1901 (the Act) provides in part that:

"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.

"(2) The power conferred by the last preceding subsection may be exercised - (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

"(3) Without limiting the generality of paragraph (2)(c), the regulations -...(a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and

The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person.

Following the Port Arthur tragedy, a special meeting of the Australasian Police Minister's Council (APMC) adopted a number of resolutions aimed at effective national firearm controls. The implementation of these resolutions requires the Commonwealth Government to impose a total prohibition on the importation into Australia of &U selfloading and pump action longarms.

The Prime Minister announced on Friday 10 May 1996 that the Commonwealth Government would introduce a total ban on the importation of automatic and semiautomatic weapons. The importation of fully automatic weapons is presently prohibited under the Regulations. While the importation of semi-automatic weapons is presently subject to some controls under the Regulations, these Regulations tighten these controls in accordance with the APMC resolutions.

Subregulation 2.1 omits sub-subparagraph 2(1)(c)(i)(A) of the Regulations. This amendment, in conjunction with subregulation 2.3 below, gives effect to the APMC resolution to prohibit the importation of all self-loading centre fire rifles.

There is one exemption from this prohibition in respect of these firearms imported for official purposes, which is presently provided for in subregulation 4(2) of the Regulations.

Subregulation 2.2 omits sub-subparagraph 2(1)(c)(i)(H) of the Regulations and substitutes a new sub-subparagraph which provides for a category of exempt firearm, being a rimfire self-loading rifle unless fitted, or capable of being fitted, with a magazine having a capacity of more than 10 rounds. This amendment gives effect to the APMC resolution to limit the importation of this type of rifle to those which have a magazine capacity of 10 rounds or less.

Subregulation 2.3 omits sub-subparagraph 2(1)(c)(ii)(A) of the Regulations and substitutes a new sub-subparagraph which provides for a category of exempt firearm, being a repeating shotgun, whether self-loading or pump-action, unless fitted or capable of being fitted, with a magazine having a capacity of more than 5 rounds. This amendment gives effect to the APMC resolution to limit the importation of this type of shotgun to those which have a magazine capacity of 5 rounds or less.

Subregulation 2.4 omits subparagraph 2(1)(c)(v) of the Regulations and substitutes a new subparagraph which provides for an exception to the categories of exempt firearm. This exception refers to "a self-loading centre rifle or a self-loading centre fire carbine". In combination with subregulation 2.1 above, the amendment gives effect to the APMC resolution to prohibit the importation of all self-loading centre fire rifles.

Regulation 3 amends Schedule 3 of the Regulations to insert a new item 8. The effect of the new item is that the importation of a detachable magazine having a capacity of more than 10 rounds, for rim fire self-loading rifles, is prohibited unless for official purposes. This amendment is complementary to subregulation 2.2 above.

The regulations commenced on gazettal.