Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT) 1996 NO. 123

STATUTORY RULES 1996 No. 123

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.

On 5 June 1996, Statutory Rules 1996 No. 91 came into effect. This Statutory Rule amended the Regulations by introducing the consolidated structure of controls on the importation of firearms, firearm parts, firearm accessories, firearm magazines and ammunition. Under new subregulation 4F(1) of the Regulations, the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition is prohibited unless:

(a) the firearm, firearm accessory, firearm part, firearm magazine or ammunition is an article to which an item in Part 2 of Schedule 6 to the Regulation applies; and

(b) the importation is in accordance with the requirements set out in column 3 of the item.

Subregulation 4F(3) also states that the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine or ammunition is subject to the conditions (if any) set out in Part 3 of Schedule 6 that relate to the importation. Item 1 of Part 3 sets out the requirements for compliance with safety testing in respect of firearms.

The purpose of the amendment to the Regulations is to clarify that where a firearm to which the safety requirements apply fails to comply with the requirements for safety testing as set out in item 1 of Part 3 of Schedule 2, its importation will be prohibited. This has been effected by inserting into column 3 of items 1, 2, 3, 6, and 9 of Part 2 of Schedule 6 the requirement that if item 1 of Part 3 applies to the firearm, it must comply with the conditions set out in the item (subregulations 3.1, 3.2, 3.3, 3.4 and 3.5 refers). This will ensure that firearms which fail to comply with the safety testing requirements will be able to be seized as prohibited imports under section 203B of the Customs Act 1901, as their importation will be prohibited in accordance with subregulation 4F(1).

Regulation 2 which amends subregulation 4F(3), is technical drafting amendment only. This amendment is consequential upon the safety testing requirements being added to the requirements in column 3 of Part 2 of the Schedule 6.

Subregulations 3.6 and 3.7 are technical drafting amendments only which correct cross-references to subparagraphs 1.4(a)(i) and (ii) in paragraphs 1.4(c) and (d) of Part 3 of Schedule 6.

Subregulation 3.8 is a technical drafting amendment only which is consequential upon the safety testing requirements being added to the requirements in column 3 of Part 2 of the Schedule 6.

Subregulation 3.9 is a technical drafting amendment only which corrects to the reference to subitems 1.6 to 1.5 in subitem 1.5 of Part 3 of Schedule.

The Regulations commenced on gazettal.