Customs (Prohibited Imports) Regulations 1956

THE SCHEDULES

SCHEDULE 13  

(regulation 4H )

REQUIREMENTS FOR THE IMPORTATION OF CERTAIN WEAPONS AND WEAPON PARTS

PART 1 - TESTS  

1   Official purposes test  

1.1    
The importation of a good complies with the official 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.

1.2    
The Minister or an 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 for the purposes of:

(i) the government of the Commonwealth, a State or a Territory; or

(ii) export under a contract to a government of a foreign country, in compliance with the Act (including any regulations or other instruments made under the Act); and

(b) the ownership arrangements for the good are, or will be, in accordance with subitem 1.5; and

(c) 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.

1.3    
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 1.2.

1.4    
For paragraph 1.2(a), examples of a good the importation of which is for the purposes of the government of the Commonwealth, a State or a Territory are:

(a)    a good to be supplied to the government under a contract in force when the good is to be imported; and

(aa)    a good that is to be imported by a person for the purposes of supplying the good to another person to enable that other person to supply the good to the government under a contract in force when the article is to be imported; and

(b)    a good to be shown to the government to demonstrate its uses; and

(ba)    a good that is to be imported by a person for the purposes of enabling another person to show or demonstrate the good (including as part of another article) to the government:

(i) under a contract or proposed contract; or

(ii) as part of a tender process; and

(c)    a good that the government proposes to inspect, test or evaluate; and

(d)    a good that the government proposes to use for training; and

(e)    a good that is to be consumed or destroyed in the course of testing related to a contract with the government of the Commonwealth, a State or a Territory.

1.5    
For paragraph 1.2(b), the ownership arrangements for a good are set out in the following table:

Item	Article	Ownership arrangements
1	A good that is to be supplied to the government of the Commonwealth, a State or a Territory under a contract	The article may be owned by any person.
2	A good that: (a) is to be shown to the government of the Commonwealth, a State or a Territory to demonstrate its uses; or (b) the government of the Commonwealth, a State or a Territory proposes to inspect, test, evaluate or use for training; or (c) is to be consumed or destroyed in the course of testing related to a contract with the government; or (d) is to be exhibited at a museum by the government of the Commonwealth, a State or a Territory	The good may be owned by any person Note See item 1 of Part 3 of this Schedule
3	A good that has been given or donated to the government of the Commonwealth, a State or a Territory	All of the following: (a) the good must have been given or donated to the government before importation; (b) the government must own the good at the time of importation; (c) the government must retain ownership of the good until:   (i) the article is disposed of to another such government, or to the government of a foreign country; or   (ii) the good is destroyed.
4	Any other good imported for the purposes of the government of the Commonwealth, a State or a Territory	The government must: (a) own the good at the time of importation; and (b) retain ownership of the good until:   (i) the good is disposed of to another such government, or to the government of a foreign country; or   (ii) the good is destroyed.
5	A good that is to be exported under a contract to the government of a foreign country	The government of the foreign country must: (a) either:   (i) own the good at the time of importation; or   (ii) intend to acquire ownership of the article within a period that the Minister or an authorised person considers appropriate (to be specified in the permission); and (b) retain ownership of the good until:   (i) the good is disposed of to the government of another foreign country, or to the government of the Commonwealth, a State or a Territory; or   (ii) the good is destroyed.

Note:

See item 1 of Part 3 .