2013 030318 Documents Released.pdf


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FOI Document #1
4

In 1998, the APMC resolved to develop a uniform prohibited weapons list. That list was
agreed to and supported by the APMC in November 1999. As a consequence, the
definitions of Items 9, 18D, 19, 21 and 23 (daggers, ballistic knives, flick knives, concealed
knives, star knives) were amended to ensure those descriptions were consistent with the
APMC list. The definition of Item 18C was amended to ensure the description was
consistent with the APMC list, which no longer included darts or bolts.
The uniform prohibited weapons list also resulted in the addition of other knives falling to
Items 35, 36, 37, 38, 39 and 42 (sheath knives, push knives, trench knives, throwing blades,
non-metallic knives, and butterfly knives). The uniform prohibited weapons list also resulted
in the addition of Items 41, 43, 44, 45, 46 and 47 (weighted gloves, shark darts, dart
projectors, maces, flails, and extendable batons), and the addition of martial arts weapons
falling to Items 40 (hand/foot claws).
In August 2005, the Item 18C restriction on pistol crossbows was amended to once again
restrict all crossbows. The APMC resolved that, to ensure consistency across State,
Territory and Commonwealth legislation, all jurisdictions would control all crossbows.
In November 2005, Item 29A was amended following a judgement in the Federal Court that
held that the original item 29A controlled body armour which protected against projectiles
discharged from a firearm but not other projectiles. The amendment was intended to extend
the definition of body armour to apparel designed to protect the body from the effects of
fragments emitted from explosive, devices, in addition to projectiles discharged from firearms
and the effects of other weapons, including knives.
In May 2008, an additional item was added to Schedule 2, being hand held laser pointers.
The control on such items was introduced to assist in reducing the likeliness of incidences
where laser pointers are shined at aircraft cockpits impacting on their take off/landing and
proving to be a hazard to the pilot’s eyes. The control took effect on 1 July 2008.
In December 2011, all weapons controlled under Schedule 2 were moved to a new
Schedule, Schedule 13. This was done to implement the Minister’s election commitment to
strengthen weapons controls.
Schedule 13 requires that weapons con be imported if they comply with one or more
requirements as specified in Part 1 of Schedule 13. These requirements are based on those
at Schedule 6 for the importation of firearms and related goods and are commonly known as
‘tests’. Higher controlled weapons such as law enforcement goods and flick knives, can only
be imported for legitimate uses, while lower controlled weapons such as daggers and
blowpipes can be imported with Police certification.
In addition to moving the weapons definitions to a new Schedule, the definition for warfare
items was amended to exclude certain items of trench art and specify vehicles, aircrafts and
vessels are subject to control. This was in response to various Police jurisdictions not
having any controls on trench art and various complaints about such controls from collectors.
Vehicles, aircraft and vessels have always been subject to control, however, importers were
not aware of the control as they were not specifically defined, but captured by the ‘parts and
accessories’ category.
The definition for hand-held electric shock devices was also amended in December 2011 to
exclude novelty shock items and most bug zappers. The flick knife definition was also split
into two definitions to clarify the types of knives covered without capturing additional knives.
A control on parts for certain weapons was also implemented in December 2011.

BCS CLASSIFICATION: Trade Facilitation and Compliance – Goods Control
FILE NUMBER: C2008/04014-01