Document ID: chunk:federal_register_of_legislation:F2007C00112:body:0:p3
Version: federal_register_of_legislation:F2007C00112
Segment Type: other
Provision Reference: 
Character Range: 5237–7952

firearm, ammunition or explosives on board a vessel or an aircraft if:
 (a) the firearm, ammunition or explosives form part of the ordinary armament of the vessel or aircraft, or are required for the service of the vessel or aircraft or the personal use of the crew or the passengers of the vessel or aircraft; and
 (b) the vessel or aircraft is in transit.

5 Importation of prohibited firearms, ammunition or explosives

 (1) The importation of any of the following is prohibited:
 (a) an automatic firearm;
 (b) a semiautomatic firearm;
 (c) any firearm or ammunition of a type prescribed for the purposes of this paragraph;
 (d) any explosives prescribed for the purposes of this paragraph;
 (e) any ammunition for a firearm referred to in paragraph (a), (b) or (c).

 (2) A person who intentionally or recklessly imports any prohibited firearm, ammunition or explosives is guilty of an offence and is liable on conviction to a fine not exceeding $12,000 or to imprisonment for a term not exceeding 2 years, or to both.

6 Importation of permissible firearms, ammunition or explosives

  A person who intentionally or recklessly imports any permissible firearm, ammunition or explosives except:
 (a) under a valid permit granted to the person for the importation of the firearm, ammunition or explosives; and
 (b) in accordance with the permit conditions;
is guilty of an offence and is liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 1 year, or to both.

7 Application for a permit

 (1) A person may apply to the Commissioner in the prescribed manner for a permit to import any permissible firearm, ammunition or explosives.

 (2) An application must be accompanied by the prescribed fee for the application.

8 Grant of a permit

 (1) Subject to subsections (2), (3) and (4) and to section 13, the Commissioner may in his or her absolute discretion grant or refuse to grant to an applicant a permit to import any permissible firearm, ammunition or explosives.

 (2) The Commissioner must not grant a permit to an applicant if, in the opinion of the Commissioner:
 (a) the applicant is not a fit and proper person to be granted a permit; or
 (b) the applicant does not have a good reason for importing the firearm, ammunition or explosives to which the application relates; or
 (c) it is not desirable in the public interest to grant the permit.

 (3) If, pursuant to subsection 30 (3) of the Australian Heritage Commission Act 1975, the Commissioner informs the Australian Heritage Commission that an application for a permit has been made, the Commissioner must take into account the Commission's comments about the application before making a decision to