Customs (Prohibited Imports) Regulations 1956

THE SCHEDULES

SCHEDULE 13  

(regulation 4H )

REQUIREMENTS FOR THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS

PART 1 - TESTS  

3   Specified person test  

3.1    
The importation of a good complies with the specified person test if, at or before importation, the Minister or an authorised person gives written permission under this item for the importation of the good.

3.2    
The Minister or authorised person may give written permission for the importation of the good only if:

(a) for a good mentioned in item 41 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:

(i) the good is imported for use in the importer ' s employment;

(ii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed - the importer holds a licence or authorisation of that kind;

(iii) the good will be secured appropriately in Australia;

(iv) the quantity imported is for personal use; or

(b) for a good mentioned in item 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:

(i) the importer ' s principal or only occupation is as a licensed security guard;

(ii) the good is imported for use in the importer ' s employment;

(iii) if the importer is required to hold a licence or authorisation to possess the good in the State or Territory in which the importer is employed - the importer holds a licence of authorisation of that kind;

(iv) the good will be secured appropriately in Australia;

(v) the quantity imported is for personal use; or

(ba) for a good mentioned in item 41, 42 or 43 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:

(i) the importer of the good is a person who has a legitimate use for the good;

(ii) the good will be imported for the use mentioned in subparagraph (i);

(iii) if the good is imported for sale by the importer and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;

(iv) if a person is required to hold a licence or authorisation to possess the good in the State or Territory in which the person possesses the good - the good will be sold only to a person who holds the licence or authorisation;

(v) the good will be secured appropriately in Australia; or

(c) for a good mentioned in item 44 of Part 2 of this Schedule - the Minister or authorised person is satisfied of the following:

(i) the importer of the good is a person who has a legitimate use for the good;

(ii) the good will be imported for the use mentioned in subparagraph (i);

(iii) if the good is imported for sale by the importer and the importer is required to hold a licence or authorisation to possess and sell the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;

(iv) if the good is imported for use by the importer:

(A) the quantity imported is for personal use; and

(B) if the importer is required to hold a licence or authorisation to use the good in the State or Territory in which the importer lives - the importer holds a licence or authorisation of that kind;

(v) the good will be secured appropriately in Australia; or

(d) for a good mentioned in item 45 of Part 2 of this Schedule (anti-personnel sprays etc.) - the Minister or authorised person is satisfied of the following:

(i) the good is imported for use by a person that has entered into a contract for the use of the good with the government of the Commonwealth, a State or a Territory;

(ii) the contract is in force;

(iii) if the importer is required to hold a licence or authorisation to possess the good in a State or Territory for the purpose of supplying the good to the person - the importer holds a licence or authorisation of that kind;

(iv) if a person is required to hold a licence or authorisation to possess or use the good in a State or Territory for the purposes of the contract - the person holds a licence or authorisation of that kind;

(v) the good will be secured appropriately in Australia.

3.3    
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 3.2.