{"id":"F2007B00238","name":"Importation of Arms, Ammunition and Explosives Ordinance 1992 (CKI)","slug":"importation-of-arms-ammunition-and-explosives-ordinance-1992-cki","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":61909,"registerId":"commonwealth-F2007B00238-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Importation of Arms, Ammunition and Explosives Ordinance 1992 (CKI)","content":"![](image.001.png)\n\nTerritory of Cocos (Keeling) Islands\n\nImportation of Arms, Ammunition and Explosives Ordinance 1992\n\nOrdinance No. 6 of 1992 as amended\n\nmade under the\n\nCocos (Keeling) Islands Act 1955\n\nThis compilation was prepared on 12 March 2002  \ntaking into account amendments up to Ordinance No. 1 of 1994\n\nPrepared by the Office of Legislative Drafting and Publishing,  \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Short title \\[see Note 1\\]\n\n2 Commencement \\[see Note 1\\]\n\n3 Interpretation\n\n4 Application of Ordinance\n\n5 Importation of prohibited firearms, ammunition or explosives\n\n6 Importation of permissible firearms, ammunition or explosives\n\n7 Application for a permit\n\n8 Grant of a permit\n\n9 Conditions etc applicable to permits\n\n10 Duration of a permit\n\n11 Variation of permit\n\n12 Revocation or suspension of a permit\n\n13 Appeals to the Minister\n\n14 Temporary import permits\n\n15 Register of applications and permits\n\n16 Production of permit or temporary import permit\n\n17 False statements\n\n18 Removal of firearms, ammunition or explosives from a vessel or aircraft in transit\n\n19 Concealment of firearms, ammunition and explosives unlawfully imported\n\n20 Powers of arrest\n\n21 Powers of entry and search\n\n22 Seizure of firearms, ammunition and explosives\n\n23 Obstruction of persons exercising powers\n\n24 Custody etc of seized firearms, ammunition and explosives\n\n25 Forfeiture and disposal of firearms, ammunition and explosives\n\n26 Averments\n\n27 Delegation by the Commissioner\n\n28 Authorised persons\n\n29 Regulations\n\nNotes\n\nAn Ordinance to control and regulate the importation of arms, ammunition and explosives into the Territory\n\n1 Short title \\[see Note 1\\]\n\nThis Ordinance may be cited as the Importation of Arms, Ammunition and Explosives Ordinance 1992.\n\n2 Commencement \\[see Note 1\\]\n\nThis Ordinance comes into operation on a date to be fixed by the Minister by notice published in the Gazette.\n\n3 Interpretation\n\n(1) In this Ordinance, unless the contrary intention appears:\n\n> aircraft includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion.\n\n> ammunition includes anything specifically manufactured as a component of ammunition designed for discharge from a firearm but does not include ammunition rendered inoperative for the purpose of a collector’s item.\n\n> applicant means an applicant for a permit or a temporary import permit.\n\n> authorised person means a person authorised under section 28.\n\n> Commissioner means the Commissioner of Police in the Territory.\n\n> court means any court of competent jurisdiction in the Territory.\n\n> explosives includes:\n\n(a) any components of an explosive; and\n\n(b) any ancillary device relating to an explosive; and\n\n(c) any incendiary device; and\n\n(d) fireworks; and\n\n(e) any substance or thing prescribed for the purposes of this paragraph.\n\n> firearm includes any lethal firearm and any other weapon of any description from which any shot, bullet or other missile can be discharged or propelled or which, by any alteration in the construction or fabric of the weapon can be made capable of discharging or propelling any shot, bullet or other missile.\n\n> import means import into the Territory.\n\n> Magistrate means a Special Magistrate or Magistrate appointed under the Courts Ordinance.\n\n> master, in relation to a vessel, means any person in command or charge of the vessel, except a pilot of the vessel.\n\n> missile means any solid substance or liquid chemical which, when discharged or propelled from any weapon from any distance, is capable of causing physical injury to persons.\n\n> permissible firearm, ammunition or explosives means any firearm, ammunition or explosives other than any prohibited firearm, ammunition or explosives.\n\n> permit means a permit granted under section 8.\n\n> permit condition means:\n\n(a) in the case of a permit — any condition specified in the permit and any condition prescribed in relation to the permit; and\n\n(b) in the case of a temporary import permit — any condition specified in the temporary import permit and any condition prescribed in relation to the temporary import permit.\n\n> pilot, in relation to an aircraft, means any person in command or charge of the aircraft.\n\n> police officer means a member of any police force that is empowered to provide police services in the Territory under a law in force in the Territory.\n\n> prescribed means prescribed by regulations made under section 29.\n\n> prohibited firearm, ammunition or explosives means any firearm, ammunition or explosives, the importation of which is prohibited under section 5.\n\n> temporary import permit means a temporary import permit granted under section 14.\n\n> vessel means any ship, boat or any description of vessel used for any purpose on the sea or in navigation.\n\n(2) For the purposes of this Ordinance, a vessel or aircraft is in transit if it is in the Territory in the course of a voyage from a place outside the Territory to another place outside the Territory.\n\n4 Application of Ordinance\n\n(1) This Ordinance does not apply to the importation of any firearm, ammunition or explosives by:\n\n(a) a police officer; or\n\n(b) a member of the Defence Force;\n\nfor use in the course of the officer’s or member’s duty.\n\n(2) This Ordinance does not apply to the importation of any firearm, ammunition or explosives on board a vessel or an aircraft if:\n\n(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\n\n(b) the vessel or aircraft is in transit.\n\n5 Importation of prohibited firearms, ammunition or explosives\n\n(1) The importation of any of the following is prohibited:\n\n(a) an automatic firearm;\n\n(b) a semiautomatic firearm;\n\n(c) any firearm or ammunition of a type prescribed for the purposes of this paragraph;\n\n(d) any explosives prescribed for the purposes of this paragraph;\n\n(e) any ammunition for a firearm referred to in paragraph (a), (b) or (c).\n\n(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.\n\n6 Importation of permissible firearms, ammunition or explosives\n\nA person who intentionally or recklessly imports any permissible firearm, ammunition or explosives except:\n\n(a) under a valid permit granted to the person for the importation of the firearm, ammunition or explosives; and\n\n(b) in accordance with the permit conditions;\n\nis 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.\n\n7 Application for a permit\n\n(1) A person may apply to the Commissioner in the prescribed manner for a permit to import any permissible firearm, ammunition or explosives.\n\n(2) An application must be accompanied by the prescribed fee for the application.\n\n8 Grant of a permit\n\n(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.\n\n(2) The Commissioner must not grant a permit to an applicant if, in the opinion of the Commissioner:\n\n(a) the applicant is not a fit and proper person to be granted a permit; or\n\n(b) the applicant does not have a good reason for importing the firearm, ammunition or explosives to which the application relates; or\n\n(c) it is not desirable in the public interest to grant the permit.\n\n(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 grant or refuse to grant the permit.\n\n(4) The Commissioner must not grant a permit except on payment of the prescribed fee for the permit.\n\n(5) If the Commissioner refuses to grant a permit to an applicant the Commissioner must:\n\n(a) give notice in writing of the decision to the applicant; and\n\n(b) include in the notice:\n\n(i) reasons for the decision; and\n\n(ii) a statement to the effect that the applicant may, in accordance with section 13, appeal to the Minister against the decision.\n\n9 Conditions etc applicable to permits\n\n(1) The Commissioner may grant a permit:\n\n(a) for:\n\n(i) any firearm, ammunition or explosives specified in the permit; or\n\n(ii) firearms, ammunition or explosives of a type specified in the permit, in a specified quantity; and\n\n(b) for a particular purpose specified in the permit; and\n\n(c) subject to any conditions (which may apply before or after, or both before and after, importation) specified in the permit.\n\n(2) A permit is subject not only to the conditions (if any) specified in the permit, but to any prescribed conditions.\n\n(3) A permit is not transferable.\n\n10 Duration of a permit\n\nA permit that is validly granted is valid for the period specified in the permit unless it is earlier revoked.\n\n11 Variation of permit\n\n(1) If, in the opinion of the Commissioner, there has been a material change in the circumstances that existed when the Commissioner granted a permit, the Commissioner may, by notice in writing to the permit holder, vary the permit by doing one or more of the following:\n\n(a) varying the terms of the permit; or\n\n(b) varying any condition specified in the permit; or\n\n(c) revoking any condition specified in the permit; or\n\n(d) specifying any new condition.\n\n(2) A permit has effect as varied from the time notice of the variation is given to the permit holder.\n\n(3) If the Commissioner varies a permit, the Commissioner must:\n\n(a) give notice in writing of the decision to the permit holder; and\n\n(b) include in the notice:\n\n(i) reasons for the decision; and\n\n(ii) a statement to the effect that the permit holder may, in accordance with section 13, appeal to the Minister against the decision.\n\n12 Revocation or suspension of a permit\n\n(1) The Commissioner may, by notice in writing to the permit holder, revoke a permit, or suspend a permit for a period specified in the notice, if in the Commissioner's opinion:\n\n(a) the permit holder has not complied, or is likely not to comply, with this Ordinance, the regulations, or a permit condition; or\n\n(b) there are other reasonable grounds.\n\n(2) If the Commissioner revokes or suspends a permit, the Commissioner must:\n\n(a) give notice in writing of the decision to the permit holder; and\n\n(b) include in the notice:\n\n(i) reasons for the decision; and\n\n(ii) a statement to the effect that the permit holder may, in accordance with section 13, appeal to the Minister against the decision.\n\n13 Appeals to the Minister\n\n(1) A person who is given notice in writing of a decision by the Commissioner:\n\n(a) to refuse to grant a permit; or\n\n(b) to suspend or revoke a permit; or\n\n(c) to vary a permit;\n\nmay, within 14 days after the notice is given, appeal to the Minister against the decision.\n\n(2) On an appeal under subsection (1), the Minister may:\n\n(a) confirm the decision of the Commissioner; or\n\n(b) vary or revoke that decision, and, if the decision was to refuse a permit, require the Commissioner to issue a permit.\n\n(3) The Minister’s decision under subsection (2) is final.\n\n14 Temporary import permits\n\n(1) The Commissioner may, on the application of a person arriving in the Territory, grant a temporary import permit to the person for the importation of any permissible firearm, ammunition or explosives specified in the temporary import permit.\n\n(2) An application must be accompanied by the prescribed fee for the application.\n\n(3) The Commissioner may grant a temporary import permit subject to any conditions (which may apply before or after, or both before and after, importation) specified in the temporary import permit.\n\n(4) Without limiting the scope of subsection (3), conditions specified under that subsection may include conditions relating to:\n\n(a) removal of the firearm, ammunition or explosives from the Territory within a specified period; and\n\n(b) custody of the firearm, ammunition or explosives in the Territory.\n\n(5) A temporary import permit is subject not only to the conditions specified in the temporary import permit, but to any prescribed conditions.\n\n(6) The Commissioner must not grant a temporary import permit except on payment of the prescribed fee for the temporary import permit.\n\n(7) A temporary import permit that is validly granted is valid for the period specified in the temporary import permit.\n\n(8) Upon the grant of a temporary import permit, the person to whom the temporary import permit is granted ceases to be liable to prosecution for a contravention of paragraph 6 (a) in relation to the firearm, ammunition or explosives to which the temporary import permit relates.\n\n(9) A person who:\n\n(a) is granted a temporary import permit; and\n\n(b) intentionally or recklessly contravenes a permit condition relating to the temporary import permit;\n\nis 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.\n\n15 Register of applications and permits\n\nThe Commissioner must keep, or cause to be kept, a register containing particulars of:\n\n(a) applications made for permits and temporary import permits; and\n\n(b) permits and temporary import permits granted.\n\n16 Production of permit or temporary import permit\n\n(1) A police officer or an authorised person may, for the purposes of monitoring compliance with this Ordinance, require any person to whom a permit or temporary import permit has been issued to produce the permit or temporary import permit.\n\n(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding $1,000.\n\n17 False statements\n\nA person who intentionally or recklessly makes, in, or in connection with, an application for a permit or a temporary import permit, a statement that is false or misleading in a material particular, is guilty of an offence and is liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 6 months, or to both.\n\n18 Removal of firearms, ammunition or explosives from a vessel or aircraft in transit\n\nA person who intentionally or recklessly removes from a vessel or an aircraft referred to in paragraph 4 (2) (b) any firearm, ammunition or explosives referred to in paragraph 4 (2) (a) 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.\n\n19 Concealment of firearms, ammunition and explosives unlawfully imported\n\nA person who conceals any firearm, ammunition or explosives knowing that the firearm, ammunition or explosives were imported in contravention of this Ordinance 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.\n\n20 Powers of arrest\n\n(1) A police officer may, without warrant, arrest:\n\n(a) any person found committing or attempting to commit an offence under this Ordinance; and\n\n(b) any person whom the police officer reasonably suspects has committed, or has attempted to commit, an offence under this Ordinance.\n\n(2) A police officer must take a person arrested to a police station, and, as soon as is reasonably practicable, bring the person before a court to be dealt with according to law.\n\n21 Powers of entry and search\n\n(1) If a Magistrate or Justice of the Peace has reason to believe:\n\n(a) that a person has contravened or is contravening this Ordinance in relation to any firearm, ammunition or explosives; and\n\n(b) that the firearm, ammunition or explosives are to be found in or upon any premises, place or conveyance;\n\nthe Magistrate or Justice of the Peace may grant to a police officer a warrant to enter and search the premises, place or conveyance for firearms, ammunition and explosives and to seize and take any firearm, ammunition or explosives reasonably suspected to be the firearm, ammunition or explosives referred to in paragraph (a).\n\n(2) A police officer to whom a warrant is granted in respect of any premises, place or conveyance, may:\n\n(a) if it is necessary to do so; and\n\n(b) with any reasonable and necessary assistance;\n\nuse reasonable force to gain access and entry to all or any part of the premises, place or conveyance.\n\n(3) In this section conveyance includes a vehicle, a vessel and an aircraft.\n\n22 Seizure of firearms, ammunition and explosives\n\n(1) A police officer may, if he reasonably suspects that a person has contravened or is contravening this Ordinance in relation to any firearm, ammunition or explosives in the possession of that person, require the person to produce:\n\n(a) a permit or temporary import permit that relates to the firearm, ammunition or explosives; or\n\n(b) other evidence to satisfy the police officer that the person has not and is not contravening this Ordinance in relation to the firearm, ammunition or explosives; or\n\n(c) both a permit or temporary import permit and other evidence referred to in paragraph (b).\n\n(2) If, upon a requirement made under subsection (1), no permit, temporary import permit or evidence referred to in paragraph (1) (b) is produced, the police officer may, without warrant, seize and take the firearm, ammunition or explosives.\n\n23 Obstruction of persons exercising powers\n\nA person who resists or obstructs the exercise by a police officer or authorised person of a power vested in the police officer or authorised person by this Ordinance or the regulations is guilty of an offence and is liable on conviction to a fine not exceeding $5,000.\n\n24 Custody etc of seized firearms, ammunition and explosives\n\nAny firearm, ammunition or explosives seized under this Ordinance:\n\n(a) must be kept in the custody of a police officer or an authorised person; and\n\n(b) unless returned to any person entitled to possession within a period of 60 days after seizure, must be taken to a court to be dealt with according to law.\n\n25 Forfeiture and disposal of firearms, ammunition and explosives\n\n(1) On the conviction of a person for an offence under this Ordinance, a court may order that any firearm, ammunition or explosives to which the offence relates be forfeited.\n\n(2) Subject to any directions of the court, the Commissioner may dispose of any forfeited firearm, ammunition or explosives in the prescribed manner.\n\n26 Averments\n\nIn a prosecution for a contravention of this Ordinance, an averment made by the complainant and contained in the complaint:\n\n(a) that at a particular time a person was not the holder of a permit or a temporary import permit; or\n\n(b) that a particular firearm or ammunition is of a particular type or calibre, or that any substance or thing is an explosive or is an explosive of a particular type;\n\nis evidence of the matter averred.\n\n27 Delegation by the Commissioner\n\n(1) The Commissioner may, in writing, delegate any power or function conferred on the Commissioner by this Ordinance to any person or authority, either generally or in relation to a particular matter or class of matters or a part of the Territory.\n\n(2) A person to whom a power or function has been delegated under subsection (1) may, in writing and to the same extent, delegate that power or function to any other person or authority.\n\n(3) A person to whom a power or function has been delegated under subsection (1) or (2) must exercise that power or perform that function (as the case may be) in accordance with the terms of the delegation.\n\n(4) If the exercise of a power that is to be delegated depends upon the opinion, belief or state of mind of the Commissioner, the power is exercisable, on delegation, upon the opinion, belief or state of mind of the person or authority to whom the power is delegated.\n\n(5) The Commissioner:\n\n(a) may exercise a power or perform a function delegated under subsection (1) despite the delegation of that power or function; and\n\n(b) may at any time vary or revoke the delegation.\n\n(6) A person to whom a power or function is delegated under subsection (1) and who delegates that power under subsection (2):\n\n(a) may exercise the power or perform the function despite the delegation under subsection (2); and\n\n(b) may at any time vary or revoke that delegation.\n\n28 Authorised persons\n\nThe Commissioner may, in writing, appoint persons to be authorised persons for the purposes of sections 16 and 24.\n\n29 Regulations\n\n(1) The Minister may make regulations prescribing all matters:\n\n(a) required or permitted by this Ordinance to be prescribed; or\n\n(b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.\n\n(2) Without limiting the scope of subsection (1), regulations may:\n\n(a) prescribe any substance or thing for the purposes of paragraph (e) of the definition of explosives in subsection 3 (1);\n\n(b) prescribe any type of firearm or ammunition for the purposes of paragraph 5 (1) (c);\n\n(c) prescribe any explosives for the purposes of paragraph 5 (1) (d);\n\n(d) prescribe the manner of making applications for permits and temporary import permits;\n\n(e) prescribe conditions to which permits and temporary import permits are subject;\n\n(f) prescribe the fees payable for applications for, and for the grant of, permits and temporary import permits;\n\n(g) prescribe the manner of payment and collection of, and accounting for, fees;\n\n(h) prescribe the particulars to be included in permits and temporary import permits;\n\n(i) prescribe the manner of disposal of any forfeited firearm, ammunition or explosives;\n\n(j) prescribe the duties of authorised persons within the scope of their authorisation;\n\n(k) empower the Minister to approve forms for the purposes of this Ordinance and the regulations.\n\n> Notes to the Importation of Arms, Ammunition and Explosives Ordinance 1992\n\n> Note 1\n\n> Note: The Importation of Arms, Ammunition and Explosives Ordinance 1992 (in force under the Cocos (Keeling) Islands Act 1955) as shown in this compilation comprise Ordinance No. 6 of 1992 amended as indicated in the Tables below.\n\n> Note: Table of Ordinances\n\n| Title                                                                        | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| ---------------------------------------------------------------------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| Importation of Arms, Ammunition and Explosives Ordinance 1992(No. 6 of 1992) | 18 Dec 1992                    | 18 Dec 1992         |                                               |\n| Importation of Arms, Ammunition and Explosives Ordinance 1992(No. 1 of 1994) | 25 Feb 1994                    | 25 Feb 1994         | —                                             |\n\n> Note: Table of Amendments\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:354.65pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span style=\"font-size:8pt\">ad. = added or inserted</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">am. = amended</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">rep. = repealed</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">rs. = repealed and substituted</span></p></td></tr><tr><td style=\"width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>Provision affected</span></p></td><td style=\"width:233pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableColHead\"><span>How affected</span></p></td></tr></thead><tbody><tr><td style=\"width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>S. 8</span><span style=\"width:97.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. No. 1, 1994</span></p></td></tr><tr><td style=\"width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>S. 11</span><span style=\"width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. No. 1, 1994</span></p></td></tr><tr><td style=\"width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>S. 13</span><span style=\"width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. No. 1, 1994</span></p></td></tr><tr><td style=\"width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>S. 14</span><span style=\"width:92.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td style=\"width:233pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span>am. No. 1, 1994</span></p></td></tr></tbody></table>\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The amendments recorded in the compilation (Ordinance No. 1 of 1994) altered provisions dealing with permits and their administration (sections 8, 11, 13 and 14) but did not add new classes of prohibited weapons or broaden the enforcement powers in a way that materially expands the Ordinance’s core subject: controlling importation of arms, ammunition and explosives. The principal prohibitions (s 5), the criminal penalties, the core permitting model (ss 6–9, 14), and enforcement mechanisms (ss 20–25) remain the central features. In short, the 1994 changes appear to be procedural and administrative refinements to the permit/appeal/temporary‑permit regime rather than an enlargement of substantive scope."},"complexity_factors":["Relatively short principal Ordinance (29 sections) with focused subject matter","Multiple defined terms in section 3 (e.g. aircraft, ammunition, explosives, firearm, permissible/prohibited, permit, temporary import permit) — ~20 notable definitions","Broad discretionary powers vested in Commissioner (s 8), with delegated decision‑making allowed (s 27), increasing administrative variability","Final appeal to Minister with a 14‑day window and finality of Minister’s decision (s 13) — a non‑judicial final review step","Significant delegation of technical detail to regulations (s 29) — many operative specifics depend on subordinate instruments","Several criminal offences with differing maximum fines/imprisonment terms (ss 5–6, 14, 17–19, 23) requiring careful compliance","Enforcement powers include warranted searches (s 21), seizure without warrant in some circumstances (s 22), arrest without warrant (s 20) and forfeiture/disposal rules (ss 24–25)","Cross‑reference to another Act for heritage consultation (Australian Heritage Commission Act, referenced in s 8(3))","Procedural requirements (application fees, registers, notices, reasons) spread across several sections (ss 7–8, 11–12, 15–16)"],"plain_english_summary":"**What this Ordinance does (mechanics)\n\n- Establishes a criminal prohibition on importing certain classes of arms, ammunition and explosives into the Cocos (Keeling) Islands (the Territory) and a permitting regime for everything else. Key prohibitions and penalties are set out in section 5 (prohibited items) and section 6 (permissible items without a permit).\n\n- Gives the Commissioner of Police responsibility for receiving permit applications, granting or refusing permits, setting permit conditions, varying, suspending or revoking permits, and keeping a register of applications and permits (see ss 7–12, 15, 27). The Commissioner may delegate those powers in writing (s 27).\n\n- Allows an applicant who is refused, or whose permit is varied, suspended or revoked by the Commissioner, to appeal to the Minister within 14 days; the Minister’s decision is final (s 13).\n\n- Creates a separate temporary import permit pathway for people arriving in the Territory (s 14), including conditions such as removal or custody requirements; receiving a temporary permit removes criminal liability under the ordinary import rule for the specified item(s) while the permit applies (s 14(8)).\n\n- Gives police and authorised persons powers to require production of permits (s 16), to arrest without warrant for suspected offences under the Ordinance (s 20), to obtain search warrants from a Magistrate or Justice of the Peace (s 21), and to seize firearms, ammunition or explosives where no permit or satisfactory evidence is produced (s 22). Seized items must be held and, if not returned within 60 days, taken to court (s 24).\n\n- Permits courts to order forfeiture on conviction and allows disposal of forfeited items in a prescribed manner (ss 25–26). Making false or misleading statements in permit applications is an offence (s 17).\n\n- Delegates detailed technical matters to regulations made by the Minister: definitions of certain explosives, additional prohibited types, application and fee mechanics, prescribed permit conditions, disposal rules and forms (s 29).\n\nWho it affects\n\n- People who import arms, ammunition or explosives into the Territory — including private individuals, collectors, hunters, visitors arriving by sea or air, and businesses that import such items (see definitions in s 3 and offences in ss 5–6).\n\n- The Commissioner of Police and any persons or officers the Commissioner appoints or delegates (ss 27–28).\n\n- Police officers and Magistrates/Justices of the Peace who exercise search, arrest and warrant powers (ss 20–21).\n\nWhy it matters (purpose claims and testing them against costs and incentives)\n\n- The Ordinance is framed to prevent certain classes of weapons and explosives from entering the Territory by criminal prohibition (s 5), while allowing controlled importation of other items under a permit system (ss 6–9). That structure concentrates decision-making authority in the Commissioner and permits regulatory detail to be set by the Minister (ss 8, 29).\n\n- Who pays: applicants pay prescribed application and permit fees (ss 7(2), 8(4), 14(2), 14(6), 29(2)(f)). Persons who contravene the rules face criminal fines and possible imprisonment (ss 5(2), 6, 14(9), 17, 18, 19, 23).\n\n- Who decides and how: the Commissioner has broad (described as \"absolute\") discretion to grant or refuse permits (s 8(1)) but must refuse where the applicant is not \"fit and proper\", has no good reason, or where it is not desirable in the public interest (s 8(2)). The Commissioner must give written reasons when refusing, varying, suspending or revoking a permit and must notify the applicant of appeal rights (ss 8(5), 11(3), 12(2)). The Minister is the final decision‑maker on appeals (s 13).\n\n- Behaviour changes required: importers must apply for and obtain permits or temporary import permits and comply with permit conditions; must produce permits when required (ss 7, 14, 16). Vessels/aircraft in transit may carry ordinary armament but removal while in transit is restricted (s 4(2), s 18).\n\n- Compliance costs and burdens: applicants face fees, documentary requirements, potential delays and the risk of discretionary refusal (ss 7–8, 14, 29). Businesses that import such goods will incur administrative costs to obtain and manage permits and to satisfy police checks and record-keeping (ss 15, 16).\n\n- Bureaucratic discretion and implementation risk: the Commissioner’s broad discretion (s 8(1)) and power to delegate (s 27) mean decisions can vary with enforcement practice; detailed technical definitions and permit conditions are left to regulations (s 29), which creates dependency on subordinate instruments for scope and process.\n\n- Enforcement and penalties: the Ordinance provides express search, seizure, arrest and forfeiture powers (ss 20–25). These create both enforcement capability and potential legal risk for importers who fail to comply or to produce permits (ss 16, 22).\n\n- Effects on private enterprise and individual choice: the Ordinance restricts the ability of private persons and businesses to import arms, ammunition and explosives without official permission (ss 5–6); regulated importation remains possible but subject to administrative controls and fees (ss 7–9, 14).\n\nConcrete trade-offs and opportunity costs\n\n- The Ordinance shifts the decision whether a particular import can enter the Territory from private contractual choice to administrative permission (s 8). The opportunity cost for importers is the time and money spent obtaining permits and the risk of refusal; the opportunity cost for the Territory is administrative resourcing to operate the permit and enforcement regime (ss 7, 15, 27).\n\n- Because the regulations can define types of prohibited items and prescribe conditions (s 29), much substantive scope can be adjusted without primary‑law amendment, giving the executive flexibility but increasing regulatory uncertainty for importers.\n\nImplementation notes and compliance points (practical)\n\n- Keep documentary evidence and permits accessible: police may require production at any time (s 16).\n\n- Temporary import permits are available for arrivals but carry specific conditions and a prescribed fee (s 14). Breach of temporary‑permit conditions is a criminal offence (s 14(9)).\n\n- If an item is seized and not returned in 60 days it will go to court and may be forfeited on conviction (ss 24–25)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of controlling arms importation. The 1994 amendments (shown in the Table of Amendments) were minor technical amendments to sections 8, 11, 13, and 14, likely clarifying permit procedures and appeal mechanisms. The scope has not expanded beyond the core regulatory framework established in 1992."},"complexity_factors":["Straightforward structure with 29 sections covering a single regulatory scheme","18 defined terms in section 3, mostly standard definitions (firearm, ammunition, explosives, vessel, aircraft)","Clear distinction between prohibited and permissible items with separate permit pathways","Some conditional logic in permit granting (section 8) requiring Commissioner to assess 'fit and proper person', 'good reason', and 'public interest'","Nested conditions in section 6 (permissible imports require both valid permit AND compliance with conditions)","Cross-reference to Australian Heritage Commission Act 1975 in section 8(3) for heritage considerations","Standard delegation provisions (section 27) allowing sub-delegation","Limited criminal offence structure with clear penalty tiers based on severity"],"plain_english_summary":"This law tightly controls who can bring guns, ammunition, and explosives into the Cocos (Keeling) Islands: automatic and semi‑automatic weapons are banned, other items require Commissioner‑issued permits (fit‑and‑proper, valid reason, fees), and temporary visitor permits are allowed. \n\nIt preserves normal armament on ships and aircraft in transit (if kept on board) and empowers police to enforce, seize, and arrest — protecting the territory while permitting legitimate uses like sport or work."}},"importantCases":[],"_links":{"self":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki","history":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki/history","analysis":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki/analysis","conflicts":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki/conflicts","importantCases":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki/important-cases","documents":"/api/acts/importation-of-arms-ammunition-and-explosives-ordinance-1992-cki/documents"}}