Bringing Biathlon Rifles Back to Australia (changes to the Federal Regs)

Over the past 6 weeks we have been working closely with the Australian Olympic Committee, the Australian Sports Commission, the NSW Firearms Registry and the Department of Home Affairs regarding the changes to the NSW and Federal firearm laws / regulations.

Regarding the recently amended Federal “importation” regulations, we have been advised as follows:

In order to bring a straight-pull repeating action rimfire rifle (eg a Biathlon rifle) back to Australia it is necessary to comply with the Returned Goods Test under  the Customs (Prohibited Import) Regulations 1956.  See the linked fact sheet: “How new Commonwealth firearms laws impact competition shooters?”

This applies where a firearm is exported temporarily (eg for competition overseas) and later returned to Australia.

A link to a fact sheet about the Returned Goods Test can be found here. 

What needs to be demonstrated

To be eligible, evidence must show that:

• the firearm being re-imported is the same firearm that was originally exported

• the competitor continues to hold a current and valid state or territory firearms licence or authorisation for the firearm at the time of re-import, and

• the firearm has not been replaced with a different or additional firearm (the Returned Goods Test applies only to the original firearm).

How to lodge an application

Applications for import permission must be lodged online through the Firearms Portal Import Firearms and Firearms-Related Articles into Australia | Firearms Portal

What documents and information must be provided

The following documents will be required as part of your application:

• the serial number of the firearm.

• a copy of the front and back of your current firearms licence.

• evidence of the original export (for example, an export permit, Restricted Goods Permit (RGP), Export Declaration Advise or relevant travel documentation).

• evidence that the importer was originally authorised to acquire the firearm (such as the original permit to acquire or equivalent authorisation).  If no permits were required, or the documentation is not available, just contact firearms.applications@homeaffairs.gov.au noting the situation – the team is standing by to manage any issues.

• a statutory declaration confirming:
• the firearm has not been modified since export (routine repairs or maintenance are not considered modifications)
• the firearm’s specifications (including make, model and calibre), and
• the firearm’s serial number.

Here is information about Commonwealth Stat Decs: https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations/making-commonwealth-statutory-declaration-witness

This online form can assist you to create the stat dec: https://www.ag.gov.au/legal-system/publications/commonwealth-statutory-declaration-form

The list of authorised witnesses is here: https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations/who-can-witness-commonwealth-statutory-declaration#approved-witnesses (eg Australian lawyers, foreign Notary Publics, etc)

If any athletes are not able to find an appropriate witness for a stat dec they can use myGov to create a digital stat dec (Digital Commonwealth statutory declarations | Attorney-General's Department). 

The import permits team in Home Affairs is monitoring the applications inbox (firearms.applications@homeaffairs.gov.au) closely, particularly for any issues impacting biathletes travelling imminently. Please feel free to reach out directly to them for guidance.

If you have supporting documents that cannot be uploaded through the portal, these can be provided separately by email via firearms.applications@homeaffairs.gov.au after the application has been submitted.

If you require further clarification before lodging your application, then please contact firearms.enquires@homeaffairs.gov.au

BA will continue to work with our colleagues at the AOC and government to find work arounds and solutions to both the state and Federal changes to Firearms law / regulations.