Customs (Prohibited Imports) Regulations 1956
Minister may apply public safety test for weapons
4HA(1)
At or before the importation of goods to which regulation 4H applies, the Minister may assess whether the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.
Note:
Regulation 4H applies to the importation of weapons and weapon parts.
4HA(2)
To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of goods under subregulation (1) .
4HA(3)
The Minister may, at any time, require the person importing the goods to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the goods.
When importation of goods passes or fails the public safety test for weapons
4HA(4)
The importation of goods passes the public safety test for weapons if: (a) the Minister assesses the importation of the goods under subregulation (1) ; and (b) the Minister determines, in accordance with the legislative instrument made under subregulation (6) , that the importation of the goods does not pose a risk to the health, safety or security of the public or a segment of the public.
4HA(5)
The importation of goods fails the public safety test for weapons if: (a) the Minister assesses the importation of the goods under subregulation (1) ; and (b) the Minister determines, in accordance with the legislative instrument made under subregulation (6) , that the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.
Note:
If the importation of goods fails the public safety test for weapons, the goods are generally prohibited from being imported (see subregulations 4H(1) and (1A) ).
Rules relating to public safety test for weapons
4HA(6)
For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of goods to which regulation 4H applies poses a risk to the health, safety or security of the public or a segment of the public.
Public includes emergency services personnel
4HA(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.
View history note
Hide history note
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
