Customs (Prohibited Imports) Regulations 1956

THE SCHEDULES

SCHEDULE 13  

(regulation 4H )

REQUIREMENTS FOR THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS

PART 1 - TESTS  

2   Specified purposes test  

2.1    
The importation of a good complies with the specified purposes test if, at or before importation, the Minister or an authorised person gives written permission under this item 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) if the exportation of the ammunition, or the component of ammunition, after its importation would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; 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, manufacture, assembly, 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 foreign country; 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, manufacture, assembly, research or development - the imported holds a licence or authorisation of that kind;

(iv) if the exportation of the good after such repair, modification, testing or use has been carried out would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; or

(d)    the good is a flamethrower, or similar device, of a kind mentioned in item 46 of Part 2 of this Schedule, or a part mentioned in item 47 of that Part, to be imported in the following circumstances:

(i) either:

(A) for use in an entertainment production or performance approved by the State or Territory in which the good is to be used; or

(B) for the purpose of fire prevention or fire control activities approved by the State or Territory in which the good is to be used;

(ii) 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

(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 force or a law enforcement agency of a foreign country;

(iii) the good is to be imported by the defence force or law enforcement agency that owns the good, or a member of that defence force or law enforcement agency to whom the good has been issued;

(iv) the defence force or law enforcement agency has been invited to participate in the sanctioned activity;

(v) if the exportation of the good after the close of the sanctioned activity would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted; 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) (Repealed by FRLI No F2021L01761)

(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 involving the government of the Commonwealth, a State or Territory; 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 sold to a certified buyer or to the government of the Commonwealth, a State or a Territory, exported or destroyed once that period of time has expired;

(v) if the exportation of the good after its use in such research or development would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission has been granted, or a person who may grant such a permission has stated, in writing, that such a permission will be granted;

(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.