CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

THE SCHEDULES

SCHEDULE 6    

Regulation 4F

REQUIREMENTS FOR THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARMS MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS

PART 3 CONDITIONS RELATING TO THE IMPORTATION OF FIREARMS, FIREARM ACCESSORIES, FIREARM PARTS, FIREARM MAGAZINES, AMMUNITION, COMPONENTS OF AMMUNITION AND IMITATIONS  

1.   Safety requirements for firearms  

1.1    
The safety requirements do not apply to a firearm if the importation of the firearm complies with:

(a) the official purposes test; or

(b) the specified purposes test.

1.2    
The safety requirements do not apply:

(a) to a firearm that:

(i) was manufactured before 1 January 1900; or

(ii) is designed or adapted for competition target shooting; or

(b) to an imitation; or

(c) to a deactivated firearm; or

(d) to a blank-fire firearm; or

(e) to an underwater powerhead.

1.3    
The safety requirements do not apply to a firearm that had previously been exported from Australia if the importer of the firearm produces to a Collector, at the time of importation:

(a) if the exportation of the firearm would have been prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958 - such a permission; or

(b) in any other case - written evidence that the firearm had previously been lawfully exported from Australia by the importer.

1.4    
The safety requirements do not apply to a firearm if:

(a) the importer is:

(i) entitled, under a visa issued under the Migration Act 1958 , to enter, or remain in, Australia for a period of not more than 1 year; or

(ii) entitled, under a New Zealand passport to enter, or remain in, Australia; and

(b) the importer produces to a Collector, at or before the time of importation:

(i) documentary evidence to the effect that the importer is to be a participant in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and

(ii) the licence or authorisation, in accordance with the law of each State or Territory where any competition or hunting activity referred to in the documentary evidence is to be conducted, to possess the firearm for the purposes of the competition or hunting activity; and

(c) if the importer is referred to in subparagraph (a)(i) - the firearm is to be exported not later than the expiry of the relevant visa; and

(d) if the importer is referred to in subparagraph (a)(ii) - the firearm is to be exported not later than 1 year after the date of its importation.

1.5    
A firearm, other than a firearm to which the safety requirements do not apply because of subitem 1.1, 1.2, 1.3 or 1.4, must comply with the requirements of subitem 1.5B, tested in accordance with arrangements approved, in writing, by the Minister.

1.5A    
(Repealed by SLI No 241 of 2015)

1.5B    
A firearm is taken to comply with the safety requirements if the Collector, at the time of importation:

(a) confirms that the firearm has been fitted with an effective safety switch or device (unless it is a hammer firearm fitted with a half cock mechanism or safety bent); and

(b) confirms that the firearm has been fitted with an effective trigger guard; and

(c) determines that further testing, as described in subitems 1.6 to item 1.11 (inclusive), is not required.

1.5C    
If the Collector determines that further testing of a firearm is required, the firearm is taken to comply with the requirements of subitems 1.6 to 1.11 (inclusive) if:

(a) the firearm is tested in accordance with procedures approved by the Minister, and is found to comply with the requirements; or

(b) each of the following applies:

(i) the firearm is included in a consignment of firearms;

(ii) a sample of the items in the consignment is selected for testing in accordance with procedures approved by the Minister;

(iii) the result of the testing of the sample is that each firearm in the sample is found to comply with the requirements.

1.6    
The firearm, fully cocked and with the safety catch or safety notch (if any) disengaged, must not operate so as to discharge if:

(a) it is held with the barrel vertical and dropped 3 times, being re-cocked after each drop, from a height of at least 35 centimetres and not more than 45 centimetres butt-first onto a rubber mat that:

(i) is 25 millimetres thick; and

(ii) has a hardness reading (in this item called the appropriate hardness reading ) of 75/85 when tested in accordance with Part 15 of Australian Standard 1683-1976 ( " Indentation Hardness of Rubber and Plastics by means of a Durometer " ), published on 1 September 1976; or

(b) it is struck not more than 6 times at various points along its length by a rubber hammer that:

(i) has a head that weighs 450 grams, and has the appropriate hardness reading, and is held at the end of the handle with the head 30 centimetres above the point to be struck; and

(ii) is allowed to fall under its own weight once at each of those points, with no pressure being exerted on the trigger and with the firearm being recocked after each blow.

(c) (Repealed by SLI No 168 of 2013)

1.6A    
If the firearm has an exposed hammer or cocking device or exposed hammers or cocking devices, the firearm must not discharge if, on 3 consecutive occasions:

(a) each hammer or cocking device is moved back towards the cocked position; and

(b) immediately before the sear engages the bent or bents in the fully cocked position, and with no pressure being applied to the trigger, the hammer or cocking device is released and allowed to travel forward under the pressure of the spring.

1.7    
Unless the firearm is fitted with an adjustable trigger or triggers, the trigger mechanism must not operate when a force of less than or equal to 11 newtons is exerted on the central point of the trigger in the direction in which the trigger operates.

1.8    
(Repealed by SLI No 168 of 2013)

1.9    
The firearm must, unless it is a hammer firearm fitted with a half-cock mechanism or safety bent, be fitted with a mechanical or electronic safety device that:

(a) when engaged in the " safe " position, prevents discharge of the firearm; and

(b) can be disengaged only by:

(i) for an external safety device - distinct pressure on the device; or

(ii) for an integral safety device - sustained pressure on the trigger; and

(c) for an applied, external, safety device - clearly indicates when the firearm is able to discharge.

1.10    
For a firearm mentioned in item 14A of Part 2 of Schedule 6, the firearm:

(a) must be fitted with an effective trigger guard; and

(b) must be fitted with a safety device (either mechanical or electronic) that:

(i) when engaged in the " safe " position - prevents discharge of the firearm; and

(ii) can be disengaged only by:

(A) for an external safety device - distinct pressure on the device; or

(B) for an integral safety device - sustained pressure on the trigger; and

(iii) for an applied, external safety device, clearly indicates when the firearm is able to discharge.

1.11    
The firearm must not:

(a) contain parts; or

(b) be the subject of any modification, corrosion, damage or alteration;

which would make the firearm unsafe in its use.