Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1996 NO. 91

STATUTORY RULES 1996 No. 91

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.

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.

The amendments to the Regulations introduce a new, simplified structure for the control of the importation of firearms into Australia.

Following the Port Arthur tragedy, the special meeting of the Australasian Police Ministers' Council (APMC) on 10 May 1996 adopted a number of resolutions aimed at effective national firearm controls. Part of the implementation of these resolutions required the Commonwealth Government to impose a total prohibition on the importation into Australia of all self-loading and pump action longarms. While the importation of fully automatic weapons was always prohibited under the Regulations, amendments were made to the Regulations to tighten the controls on the importation of rimfire self-loading rifles and self-loading or pump-action shotguns (Statutory Rules No. 59 of 1996 refers).

In addition to these amendments, a new and simplified structure within the Regulations for the control of the importation of all firearms into Australia has been introduced. The previous structure was introduced in 1990 but, as a result of several amendments being effected to the Regulations since 1990, the current controls were spread across 6 regulations and 3 Schedules of the Regulations. This resulted in great difficulties in identifying the import control that applies to each type of firearm, and led to an inconsistent interpretation and administration of the controls.

The new structure consolidates the import controls under one regulation (regulation 4F) and a single Schedule (Schedule 6) of the Regulations. Regulation 4F provides that the importation of a firearm is prohibited unless the firearm is a firearm to which an item in Part 2 of Schedule 6 applies and the importation is in accordance with the requirements set out in that Part. Placing both the firearms and the requirements for their importation in the same Schedule is the core of the simplified structure as it enables the immediate identification of the firearms and the requirements with which the importation of the firearm must comply.

These! requirements fall into 4 broad categories or "tests": (1) the official purposes test; (2) the specified purposes test; (3) the specified persons test; and (4) the Police authorisation test (items 1 to 4 of Part 1 of Schedule 6 refer). The requirements of three of the four tests (numbers (1), (2) and (4)) are a substantial carry over of previous requirements for the importation of firearms. The fourth test, the specified persons test. contains a new set of requirements which arise from the APMC Resolution of 10 May 1996. This new test recognizes the need of certain persons to possess semi-automatic firearms for the purposes of their occupation

All firearms are required to bear a unique serial number which will be essential to the effective implementation of the national registration scheme proposed in the APMC Resolutions (items 1, 2, 3, 6, 9 and 12 of Part 1 of Schedule 6 refer)

Those firearms that were previously subject to import controls continue to be controlled under the new structure. Two additional firearms are also now included in the import controls. First, import controls on the importation of single shot and repeating paintball guns have been introduced (item 1 of Part 2 of Schedule 6 refers). Secondly, the controls on the importation of handguns with a fully automatic firing capability have been tightened which gives effect to a previous APMC Resolution on this issue (item 9 of part 2 of Schedule 6 refers).

For the purposes of the new controls, the previous definition of "firearm" has been expanded to include articles which resemble in appearance a firearm (whether or not the device actually performs the functions of a firearm). The extension results in the articles being subject to the same controls as the firearms they are intended to resemble and will directly address concerns with the increasing use of such devices in criminal activities (subregulation 4F(4) refers).

Regulation 4F has also introduced import controls on the importation of all parts, specified firearm accessories, all magazines and all ammunition. All parts will be subject to the same import controls as the firearms to which the part relates, thereby closing the loophole which allowed complete firearms, whose importation was other-wise controlled, to be assembled from parts imported in individual shipments (items 4,7, 10 and 13 of Part 2 of Schedule 6 refer), Import controls on all magazines for firearms have also been introduced (items 15, 16 and 17 of Part 2 of Schedule 6 refer). These amendments are entirely consistent with the strategy to tighten import controls on firearms. The new controls on the importation of ammunition give effect to a previous APMC Resolution on this issue (items 19 and 20 of Part 2 of Schedule 6 refer).

The amendments to the Regulations are explained in further detail in the Attachment. The Regulations commenced on gazettal.

ATTACHMENT

Regulation 1 - Amendment

Regulation 1 provides that the Customs (Prohibited Imports) Regulations (hereinafter referred to as the PI Regulations) are amended as set out in the proposed Regulations.

Regulation 2 - Regulation 2 (Interpretation)

Regulation 2 amends the Interpretation regulation of the PI Regulations as follows..

Subregulation 2.1 omits the definition of "exempt firearm". Under the previous controls, the importation of firearms that fell within this definition was permitted subject to compliance with certain conditions. The concept of an "exempt firearm" has been omitted in order the remove any perceptions that an "exempt firearm" was excluded from the import controls. The firearms that fell within this definition, and the conditions of their importation, have been incorporated into Schedule 6 of the PI Regulations as part of the consolidated structure of import controls on firearms (regulation 13 refers).

Subregulation 2.2 omits the definition of "firearm" and provides that "firearm" has the same meaning as given in subregulation 4F(4). For case of reference, the definition is in the same regulation as the prohibition against the importation of firearms.

Subregulation 2.2 also provides that the definitions of "firearm accessory", "firearm magazine" and "firearm part" have the same meaning as in subregulation 4F(4), again for ease of reference. These four definitions must be referred to in regulation 2 of the PI Regulations for the purposes of Schedule 6 even though their substance will be in subregulation 4F(4).

Subregulation 2.3 omits subregulation 2(1A). This subregulation contained a condition to which the importation of one category of "exempt firearm" was subject. Its omission is a direct consequence of the omission of the definition of "exempt firearm" referred to above and the condition has been incorporated into Schedule 6 as part of the consolidated structure of import controls on firearms.

Regulation 3 - Regulation 3 (Goods the importation of which is prohibited absolutely)

Regulation 3 amends regulation 3 as follows:

Subregulation 3.1 omits the reference to subregulation 3(2), since subregulation 3(2) has been omitted (subregulation 3.2 refers).

Subregulation 3.2 omits subregulation 3(2). Subregulation 3(2) previously provided an exception to the import controls on firearms referred to Schedule 1 of the PI Regulations that were imported by defence forces of certain countries.

As these firearms have been omitted from Schedule 1 (regulation 10 refers), subregulation 3(2) was no longer required for the purposes of granting this exception.

Regulation 4 - Regulation 3A (Criteria for the purposes of regulation 4 relating to defence forces of certain countries)

Regulation 4 amends regulation 3A by omitting the reference to subregulations 3(2) and 4(3) and inserting references to subregulation 4F(2). . Regulation 3A sets out the criteria for the exception of firearms owned by visiting defence forces from the import controls. This is a technical amendment only, due to the consolidation of the import controls under one regulation and one Schedule of the PI Regulations.

Regulation 5 - Regulation 4 (Goods the importation of which is prohibited unless conditions or restrictions are complied with)

Regulation 5 amends regulation 4 as follows:

Subregulation 5.1 omits the reference to item 26 from subregulation 4(1AAA). This is a consequence of the amendment in regulation 10 which omits item 26 from Schedule 2. The goods referred to in item 26 have been incorporated into the consolidated structure of import controls.

Subregulations 5.2 amends subregulation 4(2) as a consequence of the amendment in subregulation 5.3. This is a technical amendment only.

Subregulation 5.3 omits subregulation 4(3). Subregulation 4(3) provides for another exception to import controls in relation to firearms imported by visiting defence forces. This is a technical amendment only, due to the consolidation of the import controls under one regulation and one Schedule of the PI Regulations.

Regulation 6 - Regulation 4D (Importation of certain firearms for use in films)

Regulation 6 amends the PI Regulations by omitting regulation 4D. This regulation previously created the category of "exempt firearm" that applied in relation to firearms for. use in connection with the production of films. As a result of the consolidation of import controls under one regulation and one Schedule, regulation 4D has been omitted. The substance of this exempt category has been incorporated under the "specified purposes test" (regulation 13 refers).

Regulation 7 - Regulation 4DA (Importation of firearms for use in the development of mountings for laser target designators)

Regulation 7 amends the PI Regulations by omitting regulation 4DA. This regulation previously created the category of "exempt firearm" that applied in relation to firearms for. use in development of mountings for laser target designators. As a result of the consolidation of import controls under one regulation and one Schedule, regulation 4DA has been omitted. This substance of this exempt category has also been incorporated under the "specified purposes test" (regulation 13 refers).

Regulation 8 - Regulation 4DB (Importation of parts for firearms imported under subregulation 4D(1) or 4DA(1).

Regulation 8 amends the PI Regulations by omitting regulation 4DB. Regulation 4DB previously set out the conditions to which the importation of parts for firearms imported under previous regulations 4D and 4DA was subject. This amendment is a consequence of the omission of these two regulations. Controls on the importation of parts for firearms have been incorporated into the new consolidated structure of import controls (items 4, 6, 8 and 10 of Part 2 of Schedule 6 and item 2.2 of Part 3 of Schedule 6 refer).

Regulation 9 - New regulation 4F

Regulation 9 amends the PI Regulations by inserting new regulation 4F. New regulation 4F consolidates the current import controls on firearms, which were previously spread across 6 regulations, under one regulation and provides the framework for the new structure of import controls in Schedule 6.

Regulation 4F provides that the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition is prohibited unless the object is an article to which an item in Column 2 of Part 2 of Schedule 6 applies, and the importation is in accordance with the requirements set out in Column 3 of the item of Part 2 of Schedule 6 (new paragraphs 4F(1)(a) and (h) refer). The importation is also subject to any conditions set out in Part 3 of Schedule 6 (new subregulation 4F(3) refers).

New subregulation 4F(2) provides that subregulation 4F(1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, and firearm magazine or ammunition that meets the criteria set out in regulation 3A. The effect of this subregulation is to exempt these objects when imported by visiting defence forces of certain overseas countries from the prohibitions in new subregulation 4F(1).

New subregulation 4F(4) defines "firearm", "firearm accessory", "firearm magazine" and "firearm part". The definitions have been incorporated into this regulation for ease of reference,

The definition of "firearm" has two limbs. The first limb (new paragraph 4F(4)(a) refers) defines "firearm" in its previous terms. The second limb (new paragraph 4F(4)(b) refers) has extended the previous definition of "firearm" to include an article that resembles in appearance a device referred to in (a) even if it can not perform all of the functions of that device. This covers the situation where the object imported looks like a firearm but may not necessarily function like a firearm. This extended definition will result in the articles being subject to the same controls as the firearms they are intended to resemble and will directly address concerns with the increasing use of such devices in criminal activities.

Large calibre armament, weapons, launchers, throwers and projectors have been excluded from the definition of "Firearm" (new subparagraph 4F(4)(c)(x) refers). While these objects are strictly firearms under the previous definition, they have been incorporated into the controls on appliances or equipment designed or adapted for warfare under Schedule 2 of the PI Regulations (regulation 11 refers).

Controls on the importation of single shot and repeating paintball guns have been introduced. Previously, these types of firearms were excluded from the definition of "firearm" and no controls applied to the importation of these firearms. The importation of their semi-automatic and automatic counterparts, however, was, and continues to be, prohibited absolutely. This anomaly has been corrected and import controls have been extended to these firearms (item 1 of Schedule 6 refers).

"Firearm accessory" is defined as: (i) silencers; (ii) devices designed to modify or capable of modifying a firearm so as to give it a rapid fire capability; (iii) devices capable of converting a firearm to fire in a fully automatic condition; and (iv) folding and detachable stocks (new subregulation 4F(4) refers). The importation of these objects is prohibited except for official purposes, (items 4, 7, 10 and 13 of Part 2 of Schedule 6 refer). The importation of any other firearm accessory is not controlled.

"Firearm magazine" is defined as a magazine designed or intended for use with a firearm, and "firearm part" is defined as not including a firearm accessory, firearm magazine nor ammunition.

Regulation 10 - Schedule 1 (Goods the importation of which is prohibited absolutely)

Regulation 10 amends the PI Regulations by omitting items 24 and 25 from Schedule 1. Schedule 1 lists goods the importation of which is prohibited absolutely. Item 24 referred to firearms other than exempt firearms and item 25 referred to parts specifically for firearms other than exempt firearms. As the controls on the importation of firearms have been consolidated under one Schedule, these two items, have been omitted from Schedule 1.

Regulation 11 - Schedule 2 (Goods the importation of which is prohibited unless the permission in writing of the Minister or an authorised person has been granted)

Regulation 11 amends Schedule 2 of the PI Regulations as follows:

Subregulation 11.1 amends item 8 of Schedule 2 by omitting and substituting paragraph (g). Item 8 applies to appliances or equipment designed or adapted for warfare or like purposes. This amendment expands the coverage of paragraph (g) to include large calibre armament and weapons, which have been excluded from the definition of "firearm". These items are prohibited from importation unless the importer has the written permission of the Minister to import them.

Subregulation 11.2 amends item 8 of Schedule 2 by omitting and substituting paragraph (i). This amendment expands the coverage of paragraph (i) to also prohibit the importation of bombs or any other ammunition (other than ammunition referred to in Part 2 of Schedule 6) or substance unless the importer has the written permission of the Minister.

Subregulation 11.3 amends item 8 of Schedule 2 by omitting and substituting paragraph (j). This amendment expands the coverage of paragraph (j) to also prohibit the importation of accessories designed or adapted for use with any of the devices referred to in item 8, unless the importer has the written permission of the 'Minister.

Subregulation 11.4 amends Schedule 2 by omitting item 26. Item 26 referred to devices designed to modify a firearm so as to give it a rapid fire capability. The control on the importation of these devices has been incorporated into the consolidated firearms controls and has been included in the definition of "firearm accessory" (subregulation 9.1. refers).

Regulation 12 - Schedule 3 (Goods the importation of which is prohibited unless specified conditions, restrictions or requirements are complied with)

Regulation 12 amends Schedule 3 by omitting items 5, 5A, 6, 7 and 8 from Schedule 3. These items previously related to exempt firearms, parts for certain exempt firearms, silencers and certain types of magazines. As all of these objects, and the conditions to which their importation is subject, have been incorporated into the consolidated structure of firearms in regulation 4F and Schedule 6, these items have been omitted from Schedule 3.

Regulation 13 - New Schedule 6

Regulation 13 amends the PI Regulations by inserting new Schedule 6 after Schedule 5. For the purposes of regulation 4F, Schedule 6 specifies:

(i) firearms. firearm accessories, firearms parts, firearm magazines and ammunition;

(ii) the requirements which the importation of the objects referred to in (i) must be in accordance with in order for their importation not to be prohibited; and

(iii) other conditions to which the importation of the objects referred to in (i) are subject.

Schedule 6 is divided into 3 Parts. Part 1 of Schedule 6 is titled "TESTS" and sets out the manner of compliance with each of the tests specified in that Part. These tests form the basis of the requirements for the importation of a firearm. a firearm accessory, a firearm part, a firearm magazine or ammunition specified in Part 2 of the Schedule. The four tests, and the manner of complying with each test, are as follows:

(1) Official purposes test (item 1 of Part 1 refers)

The official purposes test is complied with if the importer of the article to which the test relates produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article (subitem 1.1 of Part 1 refers).

In order to issue the relevant written permission the Attorney-General must be satisfied that:

*       the article is for the purposes of the government of the Commonwealth, a State or a Territory; and

*       the relevant government is to retain the ownership of the object.

The requirements of the official purposes test are similar to the previous official purposes category of "exempt firearm". The new test, however, specifies that the relevant government for whom the article is to be used must also retain ownership of the article before permission will be granted for its importation. Also. under the new test, the Minister responsible for police in a State or Territory no longer has the power to issue a written permission for official purposes.

(2) Specified purposes test (item 2 of Part 1 refers)

The specified purposes test is complied with if the importer of the article to which the test relates produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article.

In order to issue the relevant written permission the Attorney-General must be satisfied that:

*       the article is not of a kind available in Australia (paragraph 2-2(a) refers); and

*       the article is to be used:

(i) in connection with the production of a film in a State or Territory in which the importer holds a licence or authorisation to possess the article (subparagraph 2.2(b)(i) refers); or

(5) in the development of mountings for a laser target designator in a State or Territory in which the importer holds a licence or authorisation to possess the article (subparagraph 2.2(b)(ii) refers).

The requirements of the "specified purposes test" are identical to previous requirements for the importation of firearms for use in film production under previous regulation 4D and the development of mountings for laser target designators under previous regulation 4DA.

(3) Specified person test ( item 3 of Part 1 refers)

The specified person test is complied with if the importer of the article to which the test relates produces to a Collector, at or before importation, the written permission of the Attorney-General for the importation of the article.

In order to issue the relevant written permission under this test, the Attorney-General must be satisfied that the importer is a person whose principal or only occupation is the business of controlling vertebrate pest animals on rural land. (paragraph 3.2(a) refers). In addition the importer must also have a licence or authorisation in accordance with the law of the State or Territory to possess the article (paragraph 3.2(b) refers).

This test creates a new category of requirements for the importation of firearms and arises directly from the APMC Resolutions. This new test recognises the need of certain persons to possess firearms for the purposes of their occupation.

(4) Police authorisation test (item 4 of Part 1 refers)

The Police authorisation test is complied with if the importer of the article to which the test relates produces to a Collector, at or before importation, the written statement of the relevant Commissioner or Chief Commissioner of the police force of a State or the Northern Territory, or Chief Police Officer of the Australian Capital Territory to the effect that the importer holds a licence or authorisation to posses the article.

The requirements of the Police authorisation test are identical to the previous requirements for the importation of handguns and certain categories of "exempt firearm".

Part 2 of Schedule 6 is titled "REQUIREMENTS FOR SPECIFIC FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES AND AMMUNITION" and specifies:

(i) the firearms, firearm accessories, firearm parts, magazines and ammunition for the purposes of paragraph 4F(1)(a) (column 2 refers); and

(ii) the requirements which the importation of the firearms, firearm parts, magazines and ammunition must be in accordance with for the purposes of paragraph 4F(1)(b) (column 3 refers).

Item 1 of Part 2 of Schedule 6 specifies those firearms referred to in Category A of the APMC Resolutions., with the addition of single shot or repeating action airguns designed exclusively to fire paintballs. In order for item 1 to apply to these firearms, however, these firearms must not be fitted, whether by design or by modification, with a folding or detachable stock and must be not be capable of being fired When the stock is in a folded position or removed. This qualification is consistent with previous controls which prohibited the importation of firearms with these capabilities.

In order for the importation of a firearm to which item 1 applies not to be prohibited, the importation must comply with at least 1 of the four tests detailed in Part 1 of Schedule 6. In addition, the firearm must bear a unique serial number. This requirement will be essential to the effective implementation of the national registration scheme proposed in the APMC Resolutions.

Item 2 of Part 2 of Schedule 6 specifies those firearms referred to in Category B of the APMC Resolutions as well as a break action shotgun/rifle combination. Similar to item 1 above, in order for item 2 to apply to these firearms, these firearms must not be fitted, whether by design or by modification, with a folding or detachable stock and must be not be capable of being fired when the stock is in a folded position or removed.

In order for the importation of a firearm to which item 2 applies not to be

prohibited, the importation must comply with at least 1 of the four tests detailed in Part 1 of Schedule 6. In addition, the firearm must bear a unique serial number.

Item 3 of Part 2 of Schedule 6 specifies those firearms referred to in Category C of the APMC Resolutions. Similar to items 1 and 2 above, in order for item 3 to apply to these firearms, these firearms must not be fitted, whether by design or by modification, with a folding or detachable stock and must be not be capable of being fired when the stock is in a folded position or removed.

In order for the importation of a firearm to which item 3 applies not to be prohibited, the importation must comply with at least 1 of the four tests detailed in Part 1 of Schedule 6. In addition, the firearm must bear a unique serial number.

Item 4 of Part 2 of Schedule 6 specifies firearm parts of, or for, firearms to which item 1, 2 or 3 applies. In order for the importation of these parts not to be prohibited, their importation must comply with at least 1 of the 4 tests detailed in Part 1 of Schedule 6.

This, in effect, means that the importation of parts for these firearms is subject to the same controls as the importation of the firearms to which they relate. This is a significant broadening of the previous controls on the importation of parts for firearms which applied only to parts for firearms whose importation was prohibited absolutely and parts for firearms imported for use in films and in the development of mountings for laser target designators.

Item 5 of Part 2 of Schedule 6 specifies firearm accessories for firearms to which items 1, 2 or 3 applies. In order for the importation of these accessories not to be prohibited, their importation must comply with the official purposes test. The limited circumstances for the importation of these accessories is consistent with the previous import controls on these articles.

Item 6 of Part 2 of Schedule 6 specifies firearms referred to in Category D of the APMC Resolutions. Similar to items 1, 2 and 3 above, in order for item 6 to apply these firearms, these firearms must not be fitted, whether by design or by modification, with a folding or detachable stock and must be not be capable of being fired when the stock is in a folded position or removed.

In order for the importation of these firearms not to be prohibited, their importation must comply with at least 1 one of following three tests: the official purposes test; the specified purposes test; or the specified person test. In respect of this category of firearms, compliance with the Police authorisation test is insufficient. The firearms must also bear a unique serial number.

Item 7 of Part 2 of Schedule 6 specifies a firearm part of, or for, a firearm to which item 6 applies. The importation of a part for these firearms is to be subject to the same controls as the firearm to which the part relates. Therefore, in order for the importation of a part referred to in this item not to be prohibited, its importation must comply with at least 1 one of following three tests: the official purposes test; the specified purposes test; or* the specified person test.

Item 8 of Part 2 of Schedule 6 specifies a firearm accessory for a firearm to which item 6 applies. Similar to item 5 above, in order for the importation of these accessories not to be prohibited, their importation must comply with the official purposes test. The limited circumstances for the importation of these accessories is consistent with the previous import controls on these articles.

Item 9 of Part 2 of Schedule 6 specifies a handgun, excluding:

(i) a handgun that has fully automatic firing capability;

(ii) a handgun that resembles in appearance a sub-machine gun, a machine pistol or a handgun that has a fully automatic firing capability; or

(iii) a handgun that is a soft air handgun.

In order for the importation of a handgun to which this item applies not to be prohibited, its importation must be comply with at least 1 of the four tests detailed in Part 1 of Schedule 6. The handgun must also bear a unique serial number. The exclusion of certain types of handgun from this item represents a tightening of the previous controls on the importation of handguns and gives effect to a previous APMC Resolution in relation to restricting the importation of these types of handguns.

Item 10 of Part 2 of Schedule 6 specifies a firearm part of, or for, a handgun to which item 9 applies. The importation of a part for such a handgun is to be subject to the same controls as the handgun to which the part relates. This represents a change from the previous import controls under which there were no restrictions on the importation of parts for handguns. In order for the importation of a part referred to in this item not to be prohibited, its importation must comply with at least 1 one of four tests detailed in Part 1 of Schedule 6.

Item 11 of Part 2 of Schedule 6 specifies a firearm accessory for a handgun to which item 9 applies. Similar to items 5 and 8 above, in order for the importation of these accessories not to be prohibited, their importation must comply with the official purposes test. The limited circumstances for the importation of these accessories is consistent with the previous import controls on these articles.

Item 12 of Part 2 of Schedule 6 specifies firearms not being a firearms to which item 1, 2, 3, 6 or 9 applies. This, in effect, applies to any other firearms of whatever type. In order for the importation of any other firearm to which this item applies not to be prohibited, its importation must comply with either the official purposes test or the specified purposes test only. The circumstances under which any other firearms may be imported are identical to the previous circumstances for their importation as previously any firearm could to be imported for official purposes or if for use in the production of a film or the development of mountings for a laser target designator. Any firearm referred to in this item must also bear a unique serial number.

Item 13 of Part 2 of Schedule 6 specifies firearm parts of, or for a firearm not being a firearm to which item 1. 2. 3, 6 or 9 applies (in effect parts for any other firearm). In order for the importation of a part to which this item applies not to be prohibited, its importation must comply with either the official purposes test or the specified purposes test.

Item 14 of Part 2 of Schedule 6 specifies firearm accessories for a firearm not referred to in item 1. 2. 3, 6 or 9 (in effect accessories for any other firearm), Similar to items 5, 8 and 11 above. in order for the importation of these accessories not to be prohibited., their importation must comply with the official purposes test.

Item 15 of Part 2 of Schedule 6 specifies a detachable firearm magazine having a capacity of more than 5 rounds for self-loading centre-fire rifles and self-loading or pump-action shotguns, whether or not attached to a firearm. In order for the importation of such a magazine not to be prohibited, its importation must comply with either the official purposes test or the specified person test.

This represents a slight broadening of the previous controls on the importation of magazines of this type which previously could only be imported for official purposes. This broadening recognises the need of certain persons to import these magazines for the purposes of their occupation.

Item 16 of Part 2 of Schedule 6 specifies detachable magazines having a capacity of more than 10 rounds for rimfire self-loading rifles, whether or not attached to the firearm. In order for the importation of such a magazine not to be prohibited, its importation must comply with either the official purposes test or the specified person test.

This represents a slight broadening of the previous controls on the importation of magazines of this type which previously could only be imported for official purposes. Similar to item 15 above, this broadening recognises the need of certain persons to import these magazines for the purposes of their occupation.

Item 17 of Part 2 of Schedule 6 specifies firearms magazine other than magazines to which item 15 or 16 applies, whether or not attached to the firearm. In order for the importation of these magazines not to be prohibited, their importation must comply with either the official purposes test or the Police authorisation test. Under the previous import controls, the importation of magazines that were not of a type referred to in item 15 or 16 was not subject to any controls. The introduction of this new control is consistent with the strategy to tighten import controls on firearms.

Item 18 of Part 2 of Schedule 6 specifies devices that increase the capacity of an integral firearm magazine or a tubular firearm magazine. In order for the importation of these devices not to be prohibited, their importation must comply with the official purposes test. The importation of these devices was previously not controlled and the introduction of this control is consistent with the control on the importation of magazines under items 15 and 16 above.

Item 19 of Part 2 of Schedule 6 covers certain types of ammunition. In order for the importation of the ammunition to which this item refers not to be prohibited, its importation must comply with the official purposes test,

Item 20 of Part 2 of Schedule 6 specifies ammunition for any firearm, other than ammunition to which item 19 applies. In order for the importation of the ammunition to which this item refers not to be prohibited, its importation must comply with either the official purposes test or the Police authorisation test.

Both item 19 and 20 represent a significant change from the previous import controls on firearms which placed no restrictions on the importation of ammunition. This new control gives effect to a, previous APMC Resolution in relation to the importation of ammunition.

Part 3 of Schedule 6 is titled "CONDITIONS RELATING TO THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES OR AMMUNITION " and specifies these conditions for the purposes of subregulation 4F(3) as follows:

Item 1 of Part 3 of Schedule 6 sets out the safety requirements with which a firearm must comply.

Subitems 1.1 to 1.4 of Part 3 of Schedule 6 firstly specify those firearms which are exceptions to the requirement of safety testing, being;

(i) firearms that are imported under the official purposes test or the specified purposes test (subitem 1.1 refers);

(ii) firearms that were manufactured before 1 January 1900 and competition target firearms (subitem 1.2 refers);

(iii) firearms imported by a person who is a participant in a lawful competition organised by a shooting organisation or in a lawful hunting activity. The importer must produce a relevant State or Territory licence or authorisation to possess the firearm. In addition the person must be entitled to remain in Australia either under a New Zealand passport or a visa issued for a period of not more than 1 year; and

(iv) firearms which have been previously exported from Australia by the importer. The importer must produce to the Collector evidence of that exportation in the form of either a restricted goods permits or an export permit issued by the Department of Defence.

All of the above exceptions to the safety testing requirements are identical to the previous exceptions from safety testing under the PI Regulations.

Items 1.5, 1.6. 1.7, 1.8 and 1.9 of Part 3 of Schedule 6

These items set out the substantive requirements of the safety testing. The requirements of safety testing are identical to the previous safety testing requirements under the PI Regulations. Subitem 1.5, however, makes it clear that the safety requirements will only be complied with if the tests are carried out in accordance with arrangements approved, in writing, by the Attorney-General. Safety testing carried out under any other circumstances will be insufficient for compliance with the requirements.

Item 2 of Part 3 of Schedule 6 specifies conditions that apply to the importation of an article in accordance with the specified purposes test. The importer of such an article must export the object within 6 months of its importation (or within any longer period specified in the Attorney-General's permission) and must comply with the conditions set out in that permission. These conditions are identical to the conditions which previously applied to the importation of firearms for use in the production of a film under previous regulation 4D and the development of mountings for a laser target designator, and parts for such firearms under previous regulation 4DA.