Customs (Prohibited Imports) Regulations 1956

REGULATION 4FA   PUBLIC SAFETY TEST FOR FIREARMS  

Minister may apply public safety test for firearms

4FA(1)    
At or before the importation of an article to which regulation 4F applies, the Minister may assess whether the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.

Note:

Regulation 4F applies to the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations.

4FA(2)    
To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of an article under subregulation (1) .

4FA(3)    
The Minister may, at any time, require the person importing the article to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the article.

When importation of an article passes or fails the public safety test for firearms

4FA(4)    
The importation of an article passes the public safety test for firearms if:

(a)    the Minister assesses the importation of the article under subregulation (1) ; and

(b)    the Minister determines, in accordance with the legislative instrument made under subregulation (6) , that the importation of the article does not pose a risk to the health, safety or security of the public or a segment of the public.

4FA(5)    
The importation of an article fails the public safety test for firearms if:

(a)    the Minister assesses the importation of the article under subregulation (1) ; and

(b)    the Minister determines, in accordance with the legislative instrument made under subregulation (6) , that the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.

Note:

If the importation of an article fails the public safety test for firearms, the article is generally prohibited from being imported (see subregulations 4F(1) and (1AA) ).

Rules relating to public safety test for firearms

4FA(6)    
For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of an article to which regulation 4F applies poses a risk to the health, safety or security of the public or a segment of the public.

Public includes emergency services personnel

4FA(7)    
To avoid doubt, a reference in this section to the public or a segment of the public includes a reference to emergency services personnel who serve the public.