129After regulation 4H

129  After regulation 4H

4HA  Public safety test for weapons

Minister may apply public safety test for weapons

 (1) At or before the importation of goods to which regulation 4H applies, the Minister may assess whether the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.

Note: Regulation 4H applies to the importation of weapons and weapon parts.

 (2) To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of goods under subregulation (1).

 (3) The Minister may, at any time, require the person importing the goods to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the goods.

When importation of goods passes or fails the public safety test for weapons

 (4) The importation of goods passes the public safety test for weapons if:

 (a) the Minister assesses the importation of the goods under subregulation (1); and

 (b) the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods does not pose a risk to the health, safety or security of the public or a segment of the public.

 (5) The importation of goods fails the public safety test for weapons if:

 (a) the Minister assesses the importation of the goods under subregulation (1); and

 (b) the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.

Note: If the importation of goods fails the public safety test for weapons, the goods are generally prohibited from being imported (see subregulations 4H(1) and (1A)).

Rules relating to public safety test for weapons

 (6) For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of goods to which regulation 4H applies poses a risk to the health, safety or security of the public or a segment of the public.

Public includes emergency services personnel

 (7) To avoid doubt, a reference in this section to the public or a segment of the public includes a reference to emergency services personnel who serve the public.