Weapons and crowd control goods
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The importation of weapons including, daggers, crowd control goods and laser pointers are regulated by the Customs Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The goods covered are weapons, crowd control goods and laser pointers as specified at Schedule 13 of the PI Regulations, and firearms, firearm accessories, firearm parts, firearms magazines, ammunition, components of ammunition and imitation firearms as specified in Schedule 6 of the PI Regulations.
The importation of goods specified in Schedule 13 of the PI Regulations is prohibited unless the written permission of the Minister for Home Affairs, or an authorised person, is granted. Permission to import Schedule 13 of the PI Regulations weapons may be granted on the basis that certain conditions or requirements are met, such as the goods will only be supplied to law enforcement agencies and the importer holds the appropriate state or territory licence to possess the goods. Applications for permission to import Schedule 13 weapons are processed through the Australian Border Force (ABF). Some goods specified in Schedule 13 may be imported with certification from the police in the state or territory of residence.
The importation of goods specified in Schedule 6 of the PI Regulations is prohibited unless the conditions, restrictions or requirements specified are complied with and the written permission of the relevant authority is granted. Applications for the import of firearms and firearm-related articles are processed either by the Attorney General's Department (where import permission can be granted by the relevant Commonwealth Minister or their delegate) or the relevant state or territory policing agency. Generally, firearms and firearm-related articles falling to lesser import controls can be imported with police certification, while the more highly controlled items require a Commonwealth (Attorney-General's Department) import permit.
Q3. The system applies to goods originating in and coming from which countries?
The regulations apply to importations from all countries, except in relation to goods relating to defence forces of certain overseas countries listed under Regulation 3A to the PI Regulations.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The PI Regulations are not intended to restrict the quantity or volume of imports. Importers must specify the quantity of goods when seeking to apply for single import permission. Ongoing permits can be issued for Schedule 13 goods for projects requiring multiple shipments of goods over a specified period of time.
Controls on importation have been introduced as a community protection measure. The monetary value is not a criterion for control.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The control on the importation of the specified goods is a statutory requirement under the PI Regulations made under the Customs Act. The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application must be made in advance of arrival of the goods.
Q7.b. Can a licence be granted immediately on request?
Applications for permission to import can be processed immediately provided all information is available and the application is considered to be urgent. Permission itself cannot be granted immediately, as the decision-maker must consider whether the importation meets the requirements specified in the Regulations before giving written permission.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Permits may be issued at any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Where the Commonwealth is the relevant authority for issuing an import permit, the Minister or their delegate may also require state or territory approval for the possession and sale of the goods. Applications for import permits required under Schedule 13 are processed by the ABF or the relevant state or territory Police where appropriate. Applications for import permits required under Schedule 6 are processed by the Attorney-General's Department, or the relevant state or territory policing where appropriate.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Application for permission to import can be refused at the discretion of the relevant Minister, (or their delegate) or police representative. Reasons for refusal are given to applicants. Applicants refused permission to import may appeal the decision-making process under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Applications must be made in writing to the relevant authority. The application must include supporting documentation showing the importation complies with the relevant conditions, restrictions or requirements specified. This generally includes confirmation that the goods can be possessed or sold in the relevant state or territory.
The application form for Schedule 13 goods can be found at: https://www.abf.gov.au/form-listing/forms/b710.pdf.
The application form for Schedule 6 goods can be found on the Attorney General's Department website at: https://firearms.ag.gov.au.
Importers must contact their state or territory police firearms registry when importing items under police certification.
Q11. What documents are required upon actual importation?
A copy of the permission from the relevant authority is required upon importation.
There is no licensing fee for applying to the Attorney General's Department for an import permit. There is similarly no charge when an import application is subsequently approved or denied.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The relevant authority that grants import permission may specify a time period for the validity of the permission.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no penalty for the non-utilisation of an import permit.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permits and licences are not transferable between importers.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Conditions may be imposed on the import permit, and exact quantities subject to the import are specified.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The importation of a weapon or weapon part is also subject to the conditions (if any), set out in Part 3 of Schedule 13. Similarly, the importation of a firearm or firearm-related article is also subject to the conditions (if any), set out in Part 3 of Schedule 6.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.