Expands customs bans to cover "violent extremist material" and goods that depict or contain Criminal Code-defined "prohibited symbols". (Customs (Prohibited Imports/Exports) regs amendments — Schedule 1, items 1–4.)
Creates a Commonwealth-led national gun buyback scheme, with a defined buyback period (default 1 Jan 2026–31 Dec 2027), mechanisms for States to run approved compensation schemes, and an arrangement for the Commonwealth to reimburse States subject to a determination under the Federal Financial Relations Act. The AFP Minister sets some operational details and an overall Commonwealth funding cap is to be set by instrument. (Schedule 2, Part 1, items 1–5.)
Tightens import controls for a wide range of firearms, parts and accessories (including assisted/straight‑pull repeating firearms, large-capacity magazines, belt-fed weapons, frames/receivers, handguns, skirmish markers like airsoft/gel blasters, silencers, speed loaders). It adds new import tests ("public safety tests") and narrows or re-categorises permitted import pathways. It also removes some previously used open-ended police certification permit forms. (Schedule 2, Parts 4–6, multiple amending items.)
Enables routine, automated sharing of firearms-related information held by Home Affairs and Customs with the Australian Criminal Intelligence Commission (ACIC) — including by automatic transmission between electronic systems. "Firearms information" is defined broadly to include import/export data, licences/permits and personal information. (Customs Act amendments — Schedule 2, Part 3, items 122–123.)
The Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 amends multiple pieces of legislation to strengthen controls on firearms imports, establish background checking frameworks, prohibit certain extremist material at the border and create new criminal offences. Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958, Customs (Prohibited Imports) Regulations 1956 and Customs Regulation 2015 to prohibit the importation and exportation of violent extremist material and goods depicting or containing prohibited symbols within the meaning of the Criminal Code, with limited exceptions for conduct covered by section 80.2H of the Criminal Code. It also inserts provisions allowing the Minister to make legislative instruments under sections 50 and 112 of the Customs Act 1901. Schedule 2 Part 1 establishes a national gun buyback scheme under items 1 to 5, defining buyback periods, qualifying compensation paid by States and Territories and authorising Commonwealth payments, with consequential amendments to the Income Tax Assessment Act 1997. Part 2 amends the AusCheck Act 2007 to enable firearms background checks that may consider ASIO assessments, criminal intelligence assessments and citizenship status, and inserts Part III into the Australian Crime Commission Act 2002 to create a framework for criminal intelligence assessments. Further amendments to the Australian Security Intelligence Organisation Act 1979, Crimes Act 1914 and other Acts facilitate information sharing, spent conviction exclusions and automation of certain assessments. Parts 4 to 6 of Schedule 2 introduce public safety tests for firearms and weapons under new regulations 4FA and 4HA of the Customs (Prohibited Imports) Regulations 1956, strengthen import controls on assisted repeating action firearms, straight pull repeating action firearms, belt-fed firearms, magazines over 30 rounds, handguns, frames, receivers, skirmish markers, sound suppressors and speed loaders, and replace open-ended police certification permits with approved forms. Part 7 inserts Subdivision HB into Division 474 of the Criminal Code Act 1995, creating offences for using a carriage service to deal with firearms and explosives manufacture material or possessing or controlling such material, with penalties of up to five years imprisonment. Schedule 3 provides for transitional rules. The Act received royal assent on 21 January 2026 and most provisions commenced on 22 January 2026, with Part 7 commencing on 18 February 2026.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Amends the: Customs (Prohibited Exports) Regulations 1958, Customs (Prohibited Imports) Regulations 1956 and Customs Regulation 2015 to prohibit the importation of violent extremist material and goods depicting or containing prohibited symbols; AusCheck Act 2007, Australian Security Intelligence Organisation Act 1979, Australian Crime Commission Act 2002 and Crimes Act 1914 to establish a framework to enable firearms background checks; Customs Act 1901 to: establish an information sharing and disclosure framework to facilitate the automatic disclosure of firearms information and other prescribed information; and make technical amendments; Customs (Prohibited Imports) Regulations 1956 to: establish a public safety test for firearms and weapons; strengthen import controls on certain firearms and firearm-related goods; and amend the police certification tests to remove the use of open-ended permits for the importation of firearms and weapons; and Criminal Code Act 1995 and Crimes Act 1914 to create new offences for using a carriage service to deal with firearms and explosives manufacture material or possessing or controlling this material through a carriage service. Also establishes a national gun buyback scheme to purchase surplus and restricted firearms; and makes consequential amendments to 10 Acts and 3 regulations.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
20 Jan 2026
Second reading moved
20 Jan 2026
Second reading debate
20 Jan 2026
Second reading agreed to
20 Jan 2026
Consideration in detail debate
20 Jan 2026
Third reading agreed to
20 Jan 2026
Senate
Introduced and read a first time
20 Jan 2026
Second reading moved
20 Jan 2026
Second reading debate
20 Jan 2026
Second reading agreed to
20 Jan 2026
Third reading agreed to
20 Jan 2026
Finally passed both Houses
Expands and formalises firearms-related background checks by: (a) adding "firearms background checks" to the AusCheck scheme; (b) creating a statutory role for the Australian Crime Commission (ACC) to make "criminal intelligence assessments" to support those checks (including "adverse" assessments); and (c) permitting ASIO and the ACC to use computer programs under senior-officer oversight to take certain assessment actions (automation). The ACC must provide some adverse assessments to agencies and there are limited review rights via the Administrative Review Tribunal, but exceptions apply for firearms licensing decisions in States/Territories. (Schedule 2, Part 2, Divisions 1–4 — AusCheck Act, ACC Act and ASIO Act amendments, e.g. sections introducing Part III to the ACC Act and ss 92E–92G in the ASIO Act.)
Creates new Commonwealth criminal offences for using a carriage service (that is, online/telecommunications services) to access, transmit, publish or possess "firearms and explosives manufacture material" (broadly: instructions, designs, files or material that facilitate manufacture or modification). Penalties up to 5 years' imprisonment; the law sets out a number of defences and exceptions for licensed businesses, law enforcement, research, and certain legitimate functions. (Criminal Code, new Subdivision HB — items 212–215, sections 474.45F–474.45J.)
Makes consequential and privacy‑related amendments in several Acts and regulations (surveillance, interception, spent convictions rules, customs forms, aviation/maritime security, tax treatment of buyback proceeds, and transitional rules allowing Ministers to make specified transitional legislative instruments). (Multiple Schedules and items — see Schedule 2 Divs 4–6 and Schedule 3.)
Who this affects and how it works in practice
Importers, freight forwarders and customs brokers: new prohibited categories, requirements to pass public safety tests, and tightened documentation/identification rules (including proof of Australian citizenship in some cases). Import permission can be refused on public safety grounds administered by the Minister. (Customs (Prohibited Imports) Regulations changes — e.g. regs 4FA and 4HA.)
Firearms owners and dealers: the national buyback purchases specified classes of firearms and State schemes must be approved to qualify for Commonwealth reimbursement. Import pathways and allowable categories for commercial supply change; some accessories and parts are explicitly covered. Dealers will face altered certification and import tests. (Schedule 2, Part 1 and Parts 4–6.)
State and Territory police/licensing authorities: their firearms licensing decisions can trigger Commonwealth firearms background checks that rely on ACC and ASIO assessments. The law allows Commonwealth criminal intelligence to be provided to State/Territory decision makers; however, in some cases the usual notice and review provisions for adverse assessments do not apply to firearms licensing decisions. (ACC Act Part III — sections on assessments and notice/exceptions such as 54D–54J.)
Intelligence and law‑enforcement agencies (ASIO, ACC, ACIC, Home Affairs, Customs, AFP): gain new information‑sharing powers, ability to produce and transmit automated assessments, and statutory authorisations to receive firearms import/export and personal data. (Customs Act s 273L; ACC Act Part III; ASIO Act ss 92E–92G.)
Internet platforms, publishers and individual users: distributing, hosting, linking to or accessing materials that reasonably amount to "firearms and explosives manufacture material" via a carriage service can be a Commonwealth offence unless a specified exception applies. The offences carry a prison term and shift evidential burdens in some respects (presumptions/statutory burdens). (Criminal Code, Subdivision HB.)
Stated purpose and then testing that purpose against costs, incentives and trade‑offs
Stated purpose: the instrument is presented as measures to combat antisemitism, hate and extremism and to reduce risks arising from firearms and extremist materials (see the object of the buyback Part and Customs amendments). The text links the national buyback specifically to the Bondi Beach attack of 14 December 2025 (Schedule 2, Part 1, item 1).
Implementation costs and who pays: the Commonwealth appropriates money for reimbursements and other payments (Schedule 2, Part 1, subitem 5(10)). States can run compensation schemes and seek Commonwealth reimbursement under a determination made under the Federal Financial Relations Act (Schedule 2, Part 1, items 3–5). There will also be administrative costs for Customs, Home Affairs, ACIC, ACC, ASIO and AFP to run expanded checks, data transfers, automation programs and enforcement of new offences.
Incentives and behavioural responses: importers may avoid or reroute shipments, or seek alternative suppliers; some buyers may choose to surrender firearms into the buyback rather than face more onerous licensing or import restrictions; online actors may move materials offshore, encrypt or fragment instructions to avoid the online offences. Regulated businesses (manufacturing/repair) retain a statutory defence if they hold relevant State/Territory licences (Criminal Code defences, 474.45J).
Compliance burden: increased. Private actors face new documentary and identification requirements (e.g. proof of citizenship for importers, police certification forms altered/invalidated — Schedule 2, Part 6). Platforms and content hosts face a risk of criminal liability for some user materials unless an exception applies.
Bureaucratic discretion and regulatory design risk: multiple provisions delegate significant discretion to Ministers (to make public safety test rules by legislative instrument — regs 4FA(6) and 4HA(6); AFP Minister to determine some buyback details; Ministerial instruments to set automation actions for ASIO). These delegate both substantive policy and procedural choices to executive instruments rather than primary legislation, concentrating decision‑making power in administrative hands.
Automation and oversight trade‑offs: ASIO and the ACC may arrange for computer programs to take "specified" assessment actions under senior oversight (ASIO Act ss 92E–92G; ACC Act ss 54G–54H). The law requires the Director‑General/CEO to take reasonable steps and consult oversight bodies, but also states that failure to comply does not invalidate actions taken by the computer program. That creates a risk of error with limited legal remedies for affected individuals, and raises implementation and audit costs.
Privacy, secrecy and review implications: the Act expands categories of information that can be shared between agencies (Customs → ACIC) and allows ACC and ASIO to make adverse assessments that can be withheld from the person where specified certificates are in force (ACC Act, ss 54D–54E and Minister/CEO certificate rules). The Act makes disclosure of criminal intelligence assessment information a secrecy offence with criminal penalties (ACC Act s 54M). For firearms licensing decisions, the usual right to timely notice and review of adverse assessments is expressly limited (ACC Act s 54E(3) and s 54J(4) exceptions), which reduces procedural remedies in the firearms context.
Market effects and substitution: tighter import rules and bans on certain accessories will reduce legal supply of particular goods (magazines >30 rounds, some frames/receivers, belt‑fed parts), which will raise prices for legally permitted items and could incentivise a shift to domestic manufacture or illicit markets. The buyback shifts ownership from private to public ownership for purchased items and compensates sellers; the distributional incidence is concentrated: owners surrendering certain firearms gain compensation, taxpayers (Commonwealth and de facto State co‑funding) bear the cost.
Enforcement and prosecution patterns: new carriage‑service offences add a digital enforcement dimension. The offences use differing fault standards (intention for conduct, recklessness for circumstance, absolute/strict liability for some elements and evidential presumptions in possession cases) which will affect prosecutorial strategy and defendants’ burdens in court. (Criminal Code Subdivision HB.)
Concrete implementation risks and opportunity costs
High administrative overhead to stand up automated assessment systems, secure data flows between agencies, and run the buyback at national scale.
Risk of false positives from automated assessments affecting licensing outcomes where judicial review and notice are limited.
Platforms and content hosts may change service offerings or apply conservative content restrictions to avoid liability for user‑generated material, with compliance costs and potential over‑removal of lawful material.
Opportunity cost of public funds used for the buyback and system upgrades: money used for buyback and enforcement could otherwise be used for other crime‑prevention, mental health or community safety programs.
Bottom line (mechanical):
The Act is a multi‑strand package that (1) extends customs prohibitions to extremist materials and symbols, (2) establishes a Commonwealth-backed national gun buyback and tightens import controls on many firearms and parts, (3) expands and formalises firearms background checks using ACC and ASIO assessments (including automated assessment tools), (4) authorises automatic data sharing of firearms information to the ACIC, and (5) criminalises online access/transmission/possession of firearms/explosives manufacturing materials with a number of statutory defences and exceptions.
Key statutory cross‑references/examples: ACC Act Part III (new criminal intelligence assessments) — Schedule 2, items 22–37; ASIO automation provisions (ss 92E–92G) — Schedule 2, items 26–31; Customs → ACIC information sharing (s 273L) — Schedule 2, item 122; Criminal Code carriage service offences (ss 474.45F–474.45J) — Schedule 2, items 212–215; national gun buyback object and funding mechanism — Schedule 2, Part 1, items 1–5.
Main concepts
The Act introduces several interlocking concepts to address firearms access and extremist material. The national gun buyback scheme under Schedule 2 Part 1 item 1 operates through State and Territory compensation schemes approved by the AFP Minister, reimbursing qualifying compensation paid during defined buyback periods to support the national firearms program agreed by National Cabinet on 15 December 2025. Firearms background checks, defined in the amended AusCheck Act 2007 section 4, integrate ASIO security assessments, ACC criminal intelligence assessments under the new Part III of the Australian Crime Commission Act 2002 and citizenship checks, with consent deemed given for existing licence holders under transitional provisions. Public safety tests for firearms and weapons, established by new regulations 4FA and 4HA, allow the Minister to assess whether an importation poses a risk to public health, safety or security, with failure generally prohibiting importation unless public interest or national interest tests are met. Prohibited symbols and violent extremist material are now captured under customs regulations with direct reference to Criminal Code definitions. The new carriage service offences in Criminal Code sections 474.45G and 474.45H target the online dissemination, access and possession of material providing instructions on or supporting the manufacture or modification of firearms, accessories, explosives or lethal devices, with defences for licensed business activities, law enforcement and scientific research. Automation provisions in sections 54G of the Australian Crime Commission Act 2002 and 92E of the Australian Security Intelligence Organisation Act 1979 permit computer programs to perform specified assessment actions under oversight, with safeguards requiring reasonable steps to ensure validity. Information sharing under new section 273L of the Customs Act 1901 enables automatic transmission of firearms information from Home Affairs and Customs systems to the ACIC CEO.
Who it affects
The Act directly affects individuals holding or applying for firearms licences in States and Territories, as licensing authorities may now request AusCheck firearms background checks that draw on expanded criminal intelligence and security assessments. Importers of firearms, firearm parts, magazines, ammunition, weapons and related goods face new public safety tests, stricter category classifications for assisted repeating action and straight pull firearms, belt-fed items, high-capacity magazines and handguns, and requirements to demonstrate Australian citizenship for certain imports. Firearms dealers, sports shooters, collectors and business operators must comply with updated police certification processes using approved forms rather than open-ended permits. Online users risk committing offences if they access, transmit or possess firearms and explosives manufacture material via carriage services, although licensed manufacturers, repairers and law enforcement personnel have specific defences. Commonwealth agencies including the ACIC, ASIO, Australian Border Force and Home Affairs gain expanded functions for assessments, information disclosure and automation. State and Territory governments participate in the buyback through approved compensation schemes and receive partial reimbursement, while also facing consequential changes to their licensing regimes. Administrative Review Tribunal members and staff are subject to new secrecy obligations regarding criminal intelligence assessments. Emergency services personnel are expressly included within the public for the purposes of public safety tests. The framework also affects aviation and maritime security card holders through updated serious and organised crime definitions and assessment processes.
What people will want to know
Individuals considering surrendering firearms will want to know the buyback periods applicable in their State or Territory, which generally run from 1 January 2026 to 31 December 2027 unless varied by notifiable instrument on State recommendation, and whether compensation schemes have been approved by the AFP Minister. Licence applicants and holders should understand that background checks may now occur at any time during the life of a licence and can consider ASIO assessments, ACC criminal intelligence assessments and citizenship status, with consent deemed to have been given for existing licences. Importers need clarity on whether their goods will be subjected to a public safety test, what evidence of Australian citizenship is required for certain categories, and how the new restrictions on assisted repeating action firearms, magazines over 30 rounds and sound suppressors will be applied in practice. People who share or access online material about firearm construction or modification should be aware of the new carriage service offences and the availability of defences for licensed activities or research. Firearms businesses will want to confirm that their State or Territory licences authorise the relevant manufacturing or repair work to rely on the statutory defences. Anyone subject to an adverse criminal intelligence assessment will need to know that notice is generally not required for firearms licensing decisions and that review rights before the Administrative Review Tribunal are limited in that context. Customs brokers and permit applicants should note the shift to approved forms B709D, B709DA and B709X and the application of new requirements to pending applications. The public may seek information on how the buyback is funded and the total amount authorised for Commonwealth payments under the notifiable instrument made by the AFP Minister.
Status and what happens next
The Act received royal assent on 21 January 2026. Sections 1 to 3 and Schedule 3 commenced on assent. Schedule 1 and Schedule 2 Parts 1 to 6 commenced on 22 January 2026. Schedule 2 Part 7 commenced on 18 February 2026. The Minister administering the Australian Federal Police Act 1979 may make notifiable instruments determining buyback periods for particular States, approving State compensation schemes and setting the overall limit on Commonwealth payments for national firearms program activities. The Minister must make a determination under the Federal Financial Relations Act 2009 to reimburse States for qualifying compensation. Legislative instruments setting out the public safety tests for firearms and weapons must be made under the Customs (Prohibited Imports) Regulations 1956. The CEO of the ACIC must issue instructions for searches that lead to non-adverse criminal intelligence assessments and may arrange for computer programs to perform specified assessment actions. The Director-General of Security may make similar automation arrangements after consulting the Inspector-General of Intelligence and Security. Transitional rules may be made by legislative instrument within 12 months of commencement to deal with matters of a saving or application nature. The official materials does not specify exact dates for the first buyback payments or the first public safety test assessments. Implementation will require regulations, approved forms and operational guidance from Customs, the ACIC and State licensing authorities.
Powers, duties and rights created
The Act creates new ministerial powers, including the power of the AFP Minister to determine buyback periods and approve State compensation schemes by notifiable instrument, authorise Commonwealth payments up to a determined limit and rely on nationhood, defence, corporations, territories and Commonwealth places powers for the buyback. The Minister administering the Customs (Prohibited Imports) Regulations 1956 must make legislative instruments setting out public safety tests and may assess individual importations for risk to public health, safety or security, requiring information from importers. The Home Affairs Secretary and Comptroller-General of Customs may disclose firearms information and other prescribed information to the ACIC CEO, including by automatic transmission. The CEO of the ACIC gains power to make criminal intelligence assessments, give adverse assessments to Commonwealth agencies, certify that disclosure would prejudice law enforcement or intelligence interests, and arrange automation of specified actions. The Director-General of Security has parallel powers for security assessments and automation. The Minister may certify that notice of an adverse criminal intelligence assessment should be withheld. The Administrative Review Tribunal receives jurisdiction to review adverse criminal intelligence assessments in certain contexts, with power to award costs against the Commonwealth. New duties include obligations on Commonwealth agencies to notify persons of adverse assessments in non-firearms contexts, on the ACC and ASIO to take reasonable steps to ensure automated actions are valid, and on Tribunal members and agency staff to maintain secrecy of assessment information. Rights created include the right of persons given notice of adverse assessments to apply for Tribunal review in prescribed circumstances, deemed consent for background checks for existing licence holders, and defences to the new carriage service offences for licensed persons, law enforcement and research activities. The Consolidated Revenue Fund is appropriated for buyback-related payments.
Money, penalties and enforcement
The Act appropriates the Consolidated Revenue Fund for payments authorised by the AFP Minister in connection with the national firearms program, subject to a cap determined by notifiable instrument. The Minister administering the Federal Financial Relations Act 2009 must determine reimbursement to States for qualifying compensation paid under approved schemes. Penalties for the new Criminal Code offences in sections 474.45G and 474.45H are imprisonment for five years. Secrecy offences for Tribunal members and agency staff regarding criminal intelligence assessment information carry penalties of imprisonment for two years or 120 penalty units or both. Enforcement mechanisms include customs prohibitions enforced at the border, with goods failing public safety tests generally prohibited unless public or national interest permission is granted. Background check outcomes may lead to refusal, revocation or variation of firearms licences by State and Territory authorities. The ACIC and ASIO may use automated systems and share information with law enforcement and national security agencies. The Crimes Act 1914 and other Acts are amended to permit use of information obtained under warrants and surveillance devices for the new ACC function of making criminal intelligence assessments. No specific penalty units or infringement notice schemes are created beyond the existing customs and criminal frameworks. The official materials does not detail budgeted amounts for the buyback or enforcement resourcing.
Pressure points and controversies
The official materials records referral of an exposure draft to the Parliamentary Joint Committee on Intelligence and Security, consideration by the Senate Standing Committee for the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights, and numerous proposed amendments from crossbench and Nationals senators and members, indicating legislative scrutiny of the breadth of information sharing, automation of assessments and exclusion of review rights for firearms licensing decisions. Policy trade-offs arise between enhancing public safety through expanded criminal intelligence assessments and protecting individual privacy and procedural fairness, particularly where notice of adverse assessments is not required for firearms decisions and where spent convictions may be used by ASIO and the ACC. Administrative efficiency gains from automated assessment action must be balanced against safeguards requiring reasonable steps to ensure validity, with failure to comply not affecting the validity of actions taken. Import restrictions on categories such as assisted repeating action firearms, high-capacity magazines and sound suppressors create tension between legitimate sporting, collecting and business uses and the objective of reducing firearms in the community. The buyback scheme relies on State cooperation and notifiable instruments, raising questions of consistency across jurisdictions. The new carriage service offences extend liability to a wide range of online material while providing targeted defences, requiring careful application to avoid overreach into legitimate technical, historical or research content. Information disclosure provisions under the Customs Act constitute authorisations for Privacy Act purposes but expand the flow of personal information to the ACIC. The official materials does not record final outcomes of proposed amendments or specific stakeholder positions.
What changes if it passes
With royal assent already granted, the changes are now in force. Customs officers may immediately prohibit imports of goods containing violent extremist material or prohibited symbols and apply public safety tests to firearms and weapons importations. The national gun buyback scheme is operational, with States able to seek approval for compensation schemes and reimbursement determinations. Firearms licensing authorities may request background checks that incorporate ACC criminal intelligence assessments and ASIO advice, with existing licence holders deemed to have consented. Online conduct involving firearms and explosives manufacture material is now subject to the new Criminal Code offences, enforceable from 18 February 2026. Approved forms replace open-ended police certifications for import permits. Automated assessment systems may be deployed by the ACIC and ASIO under oversight arrangements. Information sharing between Customs systems and the ACIC occurs automatically for firearms data. Consequential amendments to aviation and maritime security regimes update references to serious and organised crime and assessment processes. The Administrative Review Tribunal applies new procedures for review of certain adverse criminal intelligence assessments. Overall, the legislative framework now integrates customs border controls, intelligence-led background checking and criminal offences targeting online facilitation of firearms and explosives manufacture, with the buyback providing a mechanism to reduce the stock of surplus and restricted firearms in the community.
Social post angles
Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Bill 2026: what changes if it passes. A plain-English angle on the powers, duties and institutions the bill would create or change.
The practical question in this royal assent bill. Focus on who would need to act differently if Parliament passes it.
What the bill actually says, not the political noise. Pull out the main operational changes and point readers back to the clauses.
The compliance angle. Explain which agencies, regulated entities or decision-makers would carry new obligations.
The next-step angle. Use the bill's current status to explain what still has to happen before the changes become law.
Why this bill is worth watching. Tie the hook to: The Act received royal assent on 21 January 2026.
20 Jan 2026
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
House of representatives
Detail - Crossbench
KATTER, Bob, Jnr, MP
Detail - Crossbench
STEGGALL, Zali, MP
Detail - Crossbench
SCAMPS, Sophie, MP
Senate
2R - Independent [sheet 3611]
POCOCK, Sen David
LAMBIE, Sen Jacqui
PAYMAN, Sen Fatima
TYRRELL, Sen Tammy
2R - Independent [sheet 3614]
THORPE, Sen Lidia
2R - The Nationals [sheet 3607]
MCKENZIE, Sen Bridget
CW - Independent [sheet 3592]
THORPE, Sen Lidia
CW - Independent [sheet 3606]
THORPE, Sen Lidia
CW - Independent [sheet 3609]
POCOCK, Sen David
LAMBIE, Sen Jacqui
PAYMAN, Sen Fatima
THORPE, Sen Lidia
TYRRELL, Sen Tammy
CW - The Nationals [sheet 3595]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3603]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3602]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3601]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3597]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3594]
MCKENZIE, Sen Bridget
CW - The Nationals [sheet 3593]
MCKENZIE, Sen Bridget
Report from CW - Independent
POCOCK, Sen David
LAMBIE, Sen Jacqui
PAYMAN, Sen Fatima
THORPE, Sen Lidia
TYRRELL, Sen Tammy
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Notes
Referred to Committee (12/01/2026): Parliamentary Joint Committee on Intelligence and Security; Exposure draft of Combatting Antisemitism, Hate and Extremism Bill 2026; Committee report (20/01/2026)
Considered by scrutiny committee (19/01/2026): Senate Standing Committee for the Scrutiny of Bills; Exposure draft of Combatting Antisemitism, Hate and Extremism Bill 2026; Scrutiny Digest 1 of 2026
Considered by scrutiny committee (04/03/2026): Parliamentary Joint Committee on Human Rights; Report 2 of 2026
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
Division 8,Firearm sound suppressors and speed loaders 76
Customs (Prohibited Imports) Regulations 1956 76
Division 9,Application of amendments made by this Part 78
Customs (Prohibited Imports) Regulations 1956 78
Part 6,Approved forms for police certification for firearms imports 79
Division 1,Amendments 79
Customs (Prohibited Imports) Regulations 1956 79
Division 2,Application provisions 80
Customs (Prohibited Imports) Regulations 1956 80
Part 7,Offences relating to use of carriage service for firearms and explosives manufacture material 81
Division 1,Main amendments 81
Criminal Code Act 1995 81
Division 2,Consequential amendments 87
Crimes Act 1914 87
Schedule 3,Transitional rules 88
Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
No. 1, 2026
An Act to amend legislation relating to customs and background checking, and to create a scheme to buy back firearms, and for related purposes
[Assented to 21 January 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day this Act receives the Royal Assent.
21 January 2026
Schedule 1
The day after this Act receives the Royal Assent.
22 January 2026
Schedule 2, Parts 1 to 6
The day after this Act receives the Royal Assent.
22 January 2026
Schedule 2, Part 7
The 28th day after this Act receives the Royal Assent.
18 February 2026
Schedule 3
The day after this Act receives the Royal Assent.
22 January 2026
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Note: The provisions of a legislative instrument amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by a person who is currently authorised under the enabling legislation for the instrument to make instruments of the same kind (see subsection 13(5) of the Legislation Act 2003).
Schedule 1,Customs amendments
Part 1,Prohibited material
Division 1,Amendments
Customs (Prohibited Exports) Regulations 1958
1 After subregulation 3(2AA)
Insert:
(2AB) Without limiting subregulation (2), this regulation also applies to goods that:
(a) are or contain violent extremist material (within the meaning of the Criminal Code); or
(b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code).
2 At the end of subregulation 3(4)
Add:
; or (c) the goods are covered by paragraph (2AB)(a) or (b) and are being exported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.
Customs (Prohibited Imports) Regulations 1956
3 After subregulation 4A(1AA)
Insert:
(1AB) Without limiting subregulation (1A), this regulation also applies to goods that:
(a) are or contain violent extremist material (within the meaning of the Criminal Code); or
(b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code).
4 At the end of subregulation 4A(2)
Add:
; or (c) the goods are covered by paragraph (1AB)(a) or (b) and are being imported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.
Customs Regulation 2015
5 Section 4 (definition of commercial quantity of objectionable goods)
Repeal the definition.
6 Subclause 1(1) of Schedule 7 (table items 22 and 23)
Repeal the table items, substitute:
22
A good that:
(a) is an objectionable good; but
(b) is not an item of child abuse material
7 Subclause 1(2) of Schedule 7 (definition of commercial quantity of objectionable goods)
Repeal the definition.
Division 2,Application and transitional provisions
Customs (Prohibited Exports) Regulations 1958
8 In the appropriate position in Part 5
Insert:
27 Transitional matters,amendments made by Part 1 of Schedule 1 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
The amendments of these Regulations made by Part 1 of Schedule 1 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to goods exported from Australia on or after the commencement of that Part.
Customs (Prohibited Imports) Regulations 1956
9 In the appropriate position before Schedule 1
Insert:
22 Transitional matters,amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
(1) The amendments of these Regulations made by Part 1 of Schedule 1 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to goods imported into Australia on or after the commencement of that Part.
Customs Regulation 2015
10 In the appropriate position in Part 18
Insert:
167 Amendments made by Part 1 of Schedule 1 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
The amendments of these Regulations made by Part 1 of Schedule 1 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:
(a) goods imported into Australia on or after the commencement of that Part; or
(b) goods exported from Australia on or after the commencement of that Part.
Part 2,Powers relating to instruments
Customs Act 1901
11 At the end of section 4A
Add:
(2) Neither of the following is a legislative instrument:
(a) a form or statement approved as mentioned in this section;
(b) an instrument approving a form or statement as mentioned in this section.
12 After subsection 50(3A)
Insert:
(3B) Regulations made for the purposes of this section may confer on the Minister the power to make provision in relation to a matter by legislative instrument.
13 After subsection 112(2AA)
Insert:
(2AB) Regulations made for the purposes of this section may confer on the Minister the power to make provision in relation to a matter by legislative instrument.
Schedule 2,Firearms amendments
Part 1,National gun buyback
Division 1,National gun buyback
1 Object of Part
The object of this Part is to provide for the Government of the Commonwealth, as the national Government of Australia, to implement a national gun buyback scheme in response to the antisemitic terrorist attack at Bondi Beach on 14 December 2025.
2 Definitions
(1) In this Part:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
buyback period, for a State, means:
(a) the period beginning on 1 January 2026 and ending on 31 December 2027, unless paragraph (b) applies; or
(b) if a different period is determined by the AFP Minister under subitem (2) for that State,that period.
national firearms program means:
(a) the commitments made or affirmed, or other measures agreed, by National Cabinet, on 15 December 2025, relating to firearms licencing, reducing the number of firearms in the community or any other matter connected with firearms; and
(b) any other measures determined by the AFP Minister under subitem (3).
qualifying compensation has the meaning given by item 3.
State includes the Australian Capital Territory and the Northern Territory.
(2) For the purposes of paragraph (b) of the definition of buyback period in subitem (1), the AFP Minister may, by notifiable instrument, determine a period for a State, on the recommendation of the Minister of that State who is responsible for police matters.
(3) For the purposes of paragraph (b) of the definition of national firearms program in subitem (1), the AFP Minister may, by notifiable instrument, determine measures if the AFP Minister is satisfied those measures are in relation to firearms.
3 Qualifying compensation paid by a State
(1) Compensation paid by a State is qualifying compensation to the extent that the compensation is paid during the buyback period for the State under a compensation scheme:
(a) set up by the State to support the national firearms program; and
(b) approved by the AFP Minister under subitem (2).
(2) For the purposes of paragraph (1)(b), the AFP Minister may, by notifiable instrument, approve a compensation scheme set up by a State to support the national firearms program.
4 Determination under Federal Financial Relations Act 2009
(1) The Minister administering the Federal Financial Relations Act 2009 must make a determination under subsection 16(1) of that Act in relation to a State in respect of reimbursement of some of the qualifying compensation paid by the State.
(2) Subitem (1) does not limit the application of section 16 of the Federal Financial Relations Act 2009 in connection with the implementation of the national firearms program.
5 Other financial assistance and payments
(1) The AFP Minister may authorise payments by the Commonwealth in connection with activities relating to the implementation of the national firearms program.
(2) Subitem (1) does not apply in relation to a payment to a State.
Overall limit on payments under this item
(3) The total amount that may be authorised by the AFP Minister under this item must not be more than the amount determined in an instrument under subitem (4).
AFP Minister’s instrument
(4) Before authorising any payment under this item, the AFP Minister must, by notifiable instrument, determine an amount for the purposes of subitem (3).
Implied nationhood power
(5) Subitem (1) relies on the legislative power that the Parliament has under the Constitution with respect to matters that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.
Note: See also item 1 (about the object of this Part).
Defence power
(6) In addition to subitem (5), subitem (1) also has the effect it would have if a reference to activities were expressly confined to activities undertaken for purposes relating to the defence of the Commonwealth and of the several States within the meaning of paragraph 51(vi) of the Constitution.
Corporations power
(7) In addition to subitem (5), subitem (1) also has the effect it would have if a reference to activities were expressly confined to activities undertaken by or on behalf of a corporation to which paragraph 51(xx) of the Constitution applies.
Territories power
(8) In addition to subitem (5), subitem (1) also has the effect it would have if a reference to activities were expressly confined to activities undertaken in a Territory.
Commonwealth places power
(9) In addition to subitem (5), subitem (1) also has the effect it would have if a reference to activities were expressly confined to activities undertaken in a place that is referred to in paragraph 52(i) of the Constitution.
Appropriation
(10) The Consolidated Revenue Fund is appropriated for payments under this item.
Division 2,Consequential amendments
Income Tax Assessment Act 1997
6 Subsection 995‑1(1) (definition of firearms surrender arrangements)
Repeal the definition, substitute:
firearms surrender arrangements means:
(a) an *Australian law; or
(b) administrative arrangements of a State or Territory;
implementing:
(c) the agreement arising from the meeting of the Police Ministers held on 10 May 1996 concerning the surrender of prohibited firearms; or
(d) the national firearms program (within the meaning of item 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026).
7 Application provision
The amendments made by this Division apply in respect of years of income in which proceeds are derived as a result of firearms surrender arrangements.
Part 2,Firearms background checks
Division 1,AusCheck amendments
AusCheck Act 2007
8 Subsection 4(1)
Insert:
CEO of ACIC means the Chief Executive Officer of the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
firearms background check means a background check conducted under regulations made for the purposes of paragraph 8(1)(f).
firearms licensing authority has the meaning given by regulations made for the purposes of this definition.
law enforcement agency means an authority of the Commonwealth, or an authority of a State or Territory, that has functions relating to law enforcement.
national security agency means:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002; or
(c) any other agency of the Commonwealth prescribed by the regulations.
9 Paragraph 5(ba)
After “8(1)(a)”, insert “or (f)”.
10 At the end of subsection 8(1)
Add:
; or (f) the check is of an individual in connection with any of the following:
(i) a decision under a law of a State or Territory about whether to issue a firearms licence to the individual or otherwise relating to the issue of such a licence (including in relation to conditions);
(ii) a decision about whether to renew, revoke, vary or suspend a licence mentioned in subparagraph (i);
(iii) in relation to an individual who holds a firearms licence,an application by a law enforcement agency or a national security agency.
11 After subsection 8(4)
Insert:
Firearms background checks
(4A) If paragraph (1)(f) applies, a firearms background check of an individual may only take into account one or more of the following:
(a) an assessment by the Australian Security Intelligence Organisation of the individual under the Australian Security Intelligence Organisation Act 1979;
(b) a criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002) of the individual under that Act;
(c) the citizenship status of the individual.
12 After section 10A
Insert:
10B Matters covered by AusCheck scheme,firearms background checks
(1) The AusCheck scheme may, for the purposes of paragraph 8(1)(f), make provision for and in relation to any of the following:
(a) the making of an application for a firearms background check by a firearms licensing authority, a law enforcement agency or a national security agency;
(b) the information that is to be contained in an application for a firearms background check (including in relation to consent for the check);
(c) the manner for conducting a firearms background check;
(d) the criteria against which an application for a firearms background check is to be assessed;
(e) the form of advice to be given to the applicant for a firearms background check;
(f) the form of advice to be given to other persons about the status or outcome of a firearms background check (including any conditions relating to the advice being provided to other persons);
(g) any other matter relating to a firearms background check.
(2) The matters referred to in subsection (1) may relate to:
(a) all firearms background checks to be conducted for the purposes of paragraph 8(1)(f); or
(b) a specified class or specified classes of such background checks.
(3) For the purposes of paragraph (1)(b), without limiting that paragraph, an individual is taken to have given consent to another person making an application for a firearms background check of the individual if:
(a) the individual has applied for a firearms licence (whether immediately before the firearms background check or at any previous time); and
(b) before making the application for the firearms licence, the individual was advised by the person to whom that application was made, in accordance with the requirements (if any) specified in the regulations, that a firearms background check:
(i) was a precondition to the issuing of the licence; and
(ii) may be conducted at any time that the licence is in force.
13 Subsection 13(1)
Omit “The”, substitute “Subject to subsection (3), the”.
14 Paragraph 13(1)(a)
Before “outcome”, insert “status or”.
15 At the end of section 13
Add:
Application of section in relation to firearms background checks
(3) This section applies in relation to information (other than identity verification information) collected about an individual for the purposes of a firearms background check only if the individual is, or has been, the subject of the firearms background check.
16 At the end of subsection 14(1)
Add:
Note: For information collected for the purposes of a firearms background check, see subsection (4).
17 At the end of section 14
Add:
Application of section in relation to firearms background checks
(4) This section applies in relation to information (other than identity verification information) collected about an individual for the purposes of a firearms background check only if the individual is, or has been, the subject of the firearms background check.
18 Transitional provision
Despite paragraph 10B(1)(b) of the AusCheck Act 2007, as inserted by this Part, an individual is taken to have given consent to another person making an application for a firearms background check of the individual if, immediately before the commencement of this item, the individual holds a firearms licence that is in force under a law of a State or Territory.
Note: This section constitutes an authorisation for the purposes of other laws, such as Australian Privacy Principle 6 of the Privacy Act 1988.
Australian Security Intelligence Organisation Act 1979
19 Subsection 39(3)
Repeal the subsection, substitute:
(3) Subsection (1) does not prevent a Commonwealth agency from taking prescribed administrative action within the meaning of paragraph (h) of the definition of prescribed administrative action in subsection 35(1):
(a) on the basis of a communication made under subsection 18(3) or 19A(4) to a staff member of the Commonwealth agency; or
(b) without limiting paragraph (a), for the purposes of a firearms background check (within the meaning of the AusCheck Act 2007).
Division 2,ACC and ASIO amendments
Australian Crime Commission Act 2002
20 Subsection 4(1) (at the end of the definition of serious and organised crime)
Add:
Note: A different definition applies in Part III (see section 52).
21 After paragraph 7A(d)
Insert:
(da) to make and give criminal intelligence assessments (within the meaning of Part III) in accordance with that Part;
22 Division 2A of Part II
Repeal the Division.
23 Subsection 46A(8)
Repeal the subsection.
24 After Part II
Insert:
Part III,Criminal intelligence assessments
Division 1,Preliminary
52 Definitions
In this Part:
adverse criminal intelligence assessment has the meaning given by section 54.
ART Act means the Administrative Review Tribunal Act 2024.
background check has the same meaning as in section 5 of the AusCheck Act 2007.
Commonwealth agency means an agency within the meaning of the Freedom of Information Act 1982, and includes an exempt agency.
criminal intelligence assessment has the meaning given by section 53.
exempt agency means a body specified, or a person holding an office specified, in Part I of Schedule 2 to the Freedom of Information Act 1982.
federal offence has the meaning given by subsection 54B(2).
firearms background check has the same meaning as in the AusCheck Act 2007.
law enforcement or intelligence interests means interests in one or more of the following:
(a) avoiding prejudice or disruption to national and international efforts relating to law enforcement, criminal intelligence, criminal investigation, foreign intelligence and security intelligence;
(b) protecting the technologies and methods used to collect, analyse, secure or otherwise deal with, criminal intelligence, foreign intelligence or security intelligence;
(c) the protection and safety of informants and of persons associated with informants;
(d) ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation’s government and government agencies;
(e) avoiding disclosure of lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures.
member has the same meaning as in the Administrative Review Tribunal Act 2024.
officer of the Tribunal means:
(a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or
(b) a staff member within the meaning of that Act.
prescribed administrative action has the meaning given by section 54A.
security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.
serious and organised crime has the meaning given by section 54B.
specified criminal intelligence assessment action has the meaning given by subsection 54G(2).
Tribunal means the Administrative Review Tribunal.
53 Meaning of criminal intelligence assessment
(1) A criminal intelligence assessment is a written statement made by the ACC expressing any recommendation, opinion or advice on, or otherwise referring to, the question of whether it would be consistent with preventing the advancement of serious and organised crime for prescribed administrative action to be taken, or not taken, in respect of a person.
(2) To avoid doubt, a criminal intelligence assessment includes any qualification or comment expressed in connection with any recommendation, opinion or advice mentioned in subsection (1), if the qualification or comment relates, or could relate, to the question mentioned in that subsection.
54 Meaning of adverse criminal intelligence assessment
An adverse criminal intelligence assessment is a criminal intelligence assessment in respect of a person that contains:
(a) any opinion or advice, or any qualification of any opinion or advice, or any information, that is or could be prejudicial to the interests of the person; and
(b) a recommendation that prescribed administrative action be taken or not be taken in respect of the person, being a recommendation the implementation of which would be prejudicial to the interests of the person.
54A Meaning of prescribed administrative action
(1) Prescribed administrative action means the exercise of any power, or the performance of any function, in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence mentioned in paragraph (a).
(2) Action is also prescribed administrative action if the action relates to or affects:
(a) access by a person to any information or place, access to which is controlled or limited under:
(i) the Aviation Transport Security Act 2004 or regulations under that Act; or
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or
(iii) an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act; or
(b) a person’s ability to perform an activity in relation to, or involving, a thing (other than information or a place), if that ability is controlled or limited under:
(i) the Aviation Transport Security Act 2004 or regulations under that Act; or
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act; or
(iii) an Act prescribed by the regulations for the purposes of this subparagraph, or a legislative instrument under that Act.
54B Meaning of serious and organised crime
(1) For the purposes of this Part, serious and organised crime means a federal offence that may have been committed, may presently be being committed, or may in future be committed, in circumstances involving:
(a) 2 or more offenders; and
(b) substantial planning or organisation; and
(c) the use of sophisticated methods and techniques.
(2) A federal offence is an offence:
(a) against a law of the Commonwealth; or
(b) against a law of a Territory; or
(c) against a law of a State that has a federal aspect;
that is:
(d) punishable by imprisonment for a period of 2 years or more; or
(e) prescribed by the regulations for the purposes of this paragraph.
Note: For the definitions of State and Territory, see subsection 4(1).
Division 2,Criminal intelligence assessments
54C Making criminal intelligence assessments
General
(1) The ACC may make criminal intelligence assessments for purposes related to:
(a) firearms background checks; or
(b) background checks required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
Note: The making of criminal intelligence assessments is separate to, and does not affect, the ACC’s function of providing strategic criminal intelligence assessments to the Board (as referred to in paragraph 7A(e)) and the Board’s function of disseminating those strategic criminal intelligence assessments (as referred to in paragraph 7C(1)(g)).
(2) The CEO may, by legislative instrument, determine the following in relation to the making of criminal intelligence assessments:
(a) the matters that must be taken into account;
(b) the manner in which those matters must be taken into account;
(c) the matters that must not be taken into account.
(3) The CEO must not make a determination under subsection (2) unless the CEO has consulted the Minister.
(4) If the ACC, in making a criminal intelligence assessment, considers that making an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests, the ACC may decide not to make the assessment.
(5) To avoid doubt, for the purposes of performing the function in subsection (1), the ACC may:
(a) make a criminal intelligence assessment at any time for purposes related to a background check that:
(i) is being undertaken; or
(ii) has previously been undertaken; and
(b) make more than one criminal intelligence assessment for purposes related to the same background check.
Certain criminal intelligence assessments that are not adverse
(6) Despite subsections (1) and (2), the ACC must make a criminal intelligence assessment in respect of a person that is not an adverse criminal intelligence assessment if the person is not identified in a search of intelligence held by the ACC that is conducted in accordance with the instructions issued by the CEO under subsection (7).
Note: The CEO may arrange for the use of a computer program to make criminal intelligence assessments to which this subsection applies: see section 54G.
(7) The CEO must, in writing, issue instructions about the conducting of searches for the purposes of subsection (6).
(8) Instructions issued under subsection (7) are not a legislative instrument.
54D Giving criminal intelligence assessments to Commonwealth agencies
Criminal intelligence assessments that are not adverse
(1) The ACC may give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agency for purposes related to:
(a) a firearms background check of the person; or
(b) a background check of the person that is required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
(2) Despite subsection (1), the ACC must give a criminal intelligence assessment, that is not an adverse criminal intelligence assessment, in respect of a person to a Commonwealth agency for purposes mentioned in subsection (1) if the criminal intelligence assessment is made in accordance with subsection 54C(6).
Note: The CEO may arrange for the use of a computer program to give certain kinds of criminal intelligence assessments to Commonwealth agencies: see section 54G.
Adverse criminal intelligence assessments
(3) The CEO may cause an adverse criminal intelligence assessment in respect of a person to be given to a Commonwealth agency for purposes related to:
(a) a firearms background check of the person; or
(b) a background check of the person that is required or permitted by any of the following:
(i) the Aviation Transport Security Act 2004 or regulations under that Act;
(ii) the Maritime Transport and Offshore Facilities Security Act 2003 or regulations under that Act;
(iii) an Act prescribed by the regulations for the purposes of subparagraph 54A(2)(a)(iii) or (b)(iii), or a legislative instrument under that Act.
(4) If the CEO considers that giving a Commonwealth agency an adverse criminal intelligence assessment in respect of a person would prejudice law enforcement or intelligence interests or security, the CEO may decide not to cause the assessment to be given to the agency.
(5) An adverse criminal intelligence assessment given to a Commonwealth agency under subsection (3) must be accompanied by:
(a) a statement of the grounds for the assessment (which is taken to be part of the assessment); and
(b) if, under subsection (7), the CEO makes a certificate in relation to information contained in the assessment,a copy of the certificate.
(6) The statement of the grounds for the adverse criminal intelligence assessment must contain all information that the ACC relied on in making the assessment, other than:
(a) subject to subsection (8), information in relation to which the CEO has made a certificate under subsection (7); and
(b) information the disclosure of which would be contrary to a law of the Commonwealth, a State or a Territory.
(7) The CEO may certify, in writing, that the CEO is satisfied that disclosing particular information contained in an adverse criminal intelligence assessment, including particular information contained in the statement of the grounds for the assessment, to the person in respect of whom the assessment was made would prejudice law enforcement or intelligence interests or security.
(8) If the CEO makes a certificate under subsection (7) in relation to information, the CEO may decide not to cause the information to be given to a Commonwealth agency under subsection (3) or (5). However, the Minister may, after consulting the CEO, direct the CEO to cause the information to be given to the Commonwealth agency.
(9) A certificate made under subsection (7) is not a legislative instrument.
(10) If the direction under subsection (8) is made in writing, the direction is not a legislative instrument.
54E Person to be notified of adverse criminal intelligence assessment
(1) If an adverse criminal intelligence assessment in respect of a person is given to a Commonwealth agency under subsection 54D(3), the Commonwealth agency must give written notice of the assessment to the person.
Note: See also subsections (3) to (5) (about exceptions to subsection (1)).
Timing and content of notice
(2) The written notice must:
(a) be given to the person before the end of the period of 14 days beginning on the day after:
(i) unless subparagraph (ii) applies,the day the adverse criminal intelligence assessment is given to the Commonwealth agency; or
(ii) if a certificate under subsection (6) that was in force in relation to the adverse criminal intelligence assessment is subsequently revoked,the day the certificate is revoked; and
(b) inform the person of the making of the adverse criminal intelligence assessment; and
(c) include the statement of the grounds for the adverse criminal intelligence assessment that was given to the Commonwealth agency (other than information in relation to which the CEO has made a certificate under subsection 54D(7)); and
(d) contain information concerning the person’s right to apply to the Tribunal for a review of the adverse criminal intelligence assessment.
Exception,firearms
(3) Subsection (1) does not apply if the adverse criminal intelligence assessment is given to the Commonwealth agency in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence a licence mentioned in paragraph (a).
(4) Despite subsection (3), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.
Exception,Minister’s certificate
(5) Subsection (1) does not apply if a certificate made under subsection (6) is in force in relation to the adverse criminal intelligence assessment.
(6) The Minister may certify, in writing, that the Minister is satisfied that the withholding of notice to a person of the making of an adverse criminal intelligence assessment in respect of the person is essential to either or both of the following:
(a) avoiding prejudice to law enforcement or intelligence interests;
(b) security.
(7) If the Minister makes a certificate under subsection (6) in relation to an adverse criminal intelligence assessment, the Minister must:
(a) give a copy of the certificate to the Commonwealth agency to which the assessment was given under subsection 54D(3); and
(b) before the end of the following periods (unless the certificate is revoked earlier), consider whether to revoke the certificate:
(i) the period of 12 months beginning on the day on which the certificate was made;
(ii) each subsequent 12 month period.
(8) A certificate made under subsection (6) is not a legislative instrument.
54F Effect of preliminary advice by the ACC
A Commonwealth agency must not take, refuse to take or refrain from taking prescribed administrative action on the basis of any communication in relation to a person made by the ACC not amounting to a criminal intelligence assessment.
Division 3,Automation of specified criminal intelligence assessment action
54G Automation of specified criminal intelligence assessment action
(1) The CEO may, in writing, arrange for the use, under the CEO’s oversight, of computer programs to take specified criminal intelligence assessment action that must be taken by the ACC under this Act.
(2) Specified criminal intelligence assessment action is:
(a) performing, or refusing or failing to perform, a function or duty under subsection 54C(6); or
(b) performing, or refusing or failing to perform, a function or duty under subsection 54D(2); or
(c) doing, or refusing or failing to do, anything related to performing a function or duty under the subsection mentioned in paragraph (a) or (b).
ACC treated as having taken specified criminal intelligence assessment action
(3) Specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as specified criminal intelligence assessment action taken by the ACC.
(4) The ACC may take specified criminal intelligence assessment action, or make a criminal intelligence assessment under subsection 54C(1), (the substituted action) in substitution for specified criminal intelligence assessment action the ACC is treated as having taken under subsection (3) of this section if the ACC is satisfied that the specified criminal intelligence assessment action taken by the operation of the computer program is not the correct or preferable action.
(5) The substituted action takes effect on:
(a) if the ACC specifies the day on which the substituted action takes effect,that specified day; or
(b) otherwise,the day of the specified criminal intelligence assessment action taken by the operation of the computer program.
(6) The day specified under paragraph (5)(a) may be earlier than the day the substituted action is taken but not earlier than the day of the specified criminal intelligence assessment action taken by the operation of the computer program.
ACC may still take specified criminal intelligence assessment action
(7) An arrangement under subsection (1) does not prevent the ACC from taking specified criminal intelligence assessment action.
Arrangement not a legislative instrument
(8) An arrangement under subsection (1) is not a legislative instrument.
54H Oversight and safeguards for automation of specified criminal intelligence assessment action
(1) The CEO must take all reasonable steps to ensure that specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection 54G(1) is specified criminal intelligence assessment action that the ACC could validly take under section 54C or 54D.
(2) Without limiting subsection (1), the CEO must do the things (if any) prescribed by the regulations for the purposes of this subsection.
Note: Specified criminal intelligence assessment action may still be invalid even if subsections (1) and (2) are complied with.
(3) A failure to comply with subsection (1) or (2) does not affect the validity of the specified criminal intelligence assessment action taken by the operation of a computer program under an arrangement under subsection 54G(1).
Division 4,Review of adverse criminal intelligence assessments
54J Applications to Tribunal
(1) An application may be made to the Tribunal for review of a decision of the ACC under section 54C to make an adverse criminal intelligence assessment.
Note 1: Section 18 of the ART Act generally requires an application for review of a decision to be made within the period prescribed by rules made under that Act.
Note 2: See also subsections (4) and (5) (about an exception to subsection (1)).
(2) An application under subsection (1) may be made by the person in respect of whom the assessment was made and who has been given notice of the assessment under section 54E.
Interaction with the ART Act
(3) Subsection (2) has effect despite subsection 17(1) of the ART Act (about who can apply for review).
Exception
(4) Subsection (1) does not apply if the adverse criminal intelligence assessment was in relation to any of the following decisions under a law of a State or Territory:
(a) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(b) a decision about whether to renew, revoke, vary or suspend a licence mentioned in paragraph (a).
(5) Despite subsection (4), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.
54K Restriction on further assessments after review
If the Tribunal has made findings upon a review of an adverse criminal intelligence assessment, the ACC must not make a further criminal intelligence assessment in respect of the person concerned that is not in accordance with those findings except on the basis of matters occurring after the review or of evidence that was not available at the time of the review.
54L Costs
(1) The Tribunal may order that costs reasonably incurred by an applicant under section 54J in connection with the application, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth if:
(a) the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the application for review; and
(b) the Tribunal is satisfied that it is appropriate to make the order in all the circumstances of the case.
Interaction with ART Act
(2) For the purposes of section 115 of the ART Act (about taxing costs), the Commonwealth is taken to be a party to the proceeding referred to in subsection (1) of this section.
Division 5,Secrecy
54M Secrecy,criminal intelligence assessment information
(1) A person commits an offence if:
(a) the person is, or has been:
(i) a member or an officer of the Tribunal; or
(ii) an officer or employee of a Commonwealth agency to which an adverse criminal intelligence assessment has been given under subsection 54D(3); and
(b) the person makes a record of, discloses or otherwise uses information; and
(c) the information was obtained by the person by reason of, or in the course of, the performance or exercise of the person’s functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the agency; and
(d) the information is, is contained in, or relates to, a criminal intelligence assessment.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) Subsection (1) does not apply if the making of the record, disclosure or use:
(a) is for the purposes of this Part; or
(b) is for the purposes of, or in connection with, the performance or exercise of the person’s functions, duties or powers as a member or an officer of the Tribunal, or as an officer or employee of the Commonwealth agency.
Note 1: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Note 2: Section 276 of the ART Act also deals with the disclosure of certain information and documents by members and officers of the Tribunal.
Note 3: Section 51 of this Act deals with secrecy requirements for the CEO, members of the Board, members of the staff of the ACC and examiners.
25 Section 59A
Omit “subsection 36B(2) or section 47A”, substitute “section 47A or subsection 54C(2) or 54D(3)”.
Australian Security Intelligence Organisation Act 1979
26 Section 4
Insert:
specified assessment action has the meaning given by subsection 92E(4).
27 Subsection 35(1) (subparagraph (h)(ii) of the definition of prescribed administrative action)
Omit “a decision about whether to revoke”, substitute “a decision about whether to renew, revoke, vary or suspend”.
28 At the end of subsection 36(1)
Add:
; or (d) a security assessment provided in relation to any of the following decisions under a law of a State or Territory:
(i) a decision about whether to issue a firearms licence or otherwise relating to the issue of such a licence (including in relation to conditions);
(ii) a decision about whether to renew, revoke, vary or suspend a licence mentioned in subparagraph (i).
Note: See subsection (2A) for an exception to paragraph (1)(d).
29 After subsection 36(2)
Insert:
(2A) Paragraph (1)(d) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.
30 Before section 93A
Insert:
92E Automation of specified assessment action
(1) The Director‑General may, in writing, arrange for the use, under the Director‑General’s oversight, of computer programs to take specified assessment action that may, or must, be taken by the Organisation under this Act.
(2) Before making an arrangement under subsection (1), the Director‑General must consult the Inspector‑General of Intelligence and Security.
(3) As soon as practicable after making an arrangement under subsection (1), the Director‑General must give a copy of the arrangement to the Inspector‑General of Intelligence and Security.
(4) Specified assessment action has the meaning given by an instrument made by the Minister under subsection 92F(1).
Organisation treated as having taken specified assessment action
(5) Specified assessment action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as specified assessment action taken by the Organisation.
Substituting specified assessment action
(6) The Organisation may take specified assessment action (the substituted action) in substitution for specified assessment action the Organisation is treated as having taken under subsection (5) if the Organisation is satisfied that the specified assessment action taken by the operation of the computer program is not the correct or preferable action.
(7) The substituted action takes effect on:
(a) if the Organisation specifies the day on which the substituted action takes effect,that specified day; or
(b) otherwise,the day of the specified assessment action taken by the operation of the computer program.
(8) The day specified under paragraph (7)(a) may be earlier than the day the substituted action is taken but not earlier than the day of the specified assessment action taken by the operation of the computer program.
Organisation may still take specified assessment action
(9) An arrangement under subsection (1) does not prevent the Organisation from taking specified assessment action.
Reference to Organisation
(10) In this section, a reference to the Organisation includes a reference to the Director‑General exercising powers or performing functions on behalf of the Organisation.
Arrangement not a legislative instrument
(11) An arrangement under subsection (1) is not a legislative instrument.
(1) The Minister may make an instrument for the purposes of subsection 92E(4) (meaning of specified assessment action).
Note: For variation and revocation of an instrument, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) Before making an instrument under subsection (1), the Minister must consult the Inspector‑General of Intelligence and Security.
(3) As soon as practicable after making an instrument under subsection (1), the Minister must:
(a) notify the Committee on Intelligence and Security; and
(b) give a copy of the instrument to the Inspector‑General of Intelligence and Security.
(4) The Committee on Intelligence and Security may request a briefing on the instrument.
(5) An instrument made under subsection (1) is not a legislative instrument.
92G Oversight and safeguards for automation of specified assessment action
Director‑General to ensure specified assessment action is action that could be validly taken
(1) The Director‑General must take all reasonable steps to ensure that specified assessment action taken by the operation of a computer program under an arrangement under subsection 92E(1) is specified assessment action that the Organisation could validly take under this Act.
(2) Without limiting subsection (1), the Director‑General must do the things (if any) prescribed by the regulations for the purposes of this subsection.
Note: Specified assessment action may still be invalid even if subsections (1) and (2) are complied with.
(3) A failure to comply with subsection (1) or (2) does not affect the validity of the specified assessment action taken by the operation of a computer program under an arrangement under subsection 92E(1).
Reference to Organisation
(4) In this section, a reference to the Organisation includes a reference to the Director‑General exercising powers or performing functions on behalf of the Organisation.
31 Application and saving provisions
(1) Division 2A of Part II of the Australian Crime Commission Act 2002, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a criminal intelligence assessment that was completed before the commencement of this item.
(2) The amendment of subsection 36(1) of the Australian Security Intelligence Organisation Act 1979 made by this Division applies in relation to a security assessment provided on or after the commencement of this item.
Division 3,Spent etc. convictions
Crimes Act 1914
32 Subsection 85ZP(3) (note)
Repeal the note, substitute:
Note: There are exceptions in sections 85ZZJC (use and disclosure of spent conviction etc. information by ASIO, ACC and other intelligence or security agencies) and 85ZZL (criminal proceedings before the Federal Court of Australia).
33 After section 85ZZJ
Insert:
Subdivision BA,Exclusions relating to ASIO and ACC (Divisions 2 and 3)
34 Section 85ZZJA (heading)
Repeal the heading, substitute:
85ZZJA Exclusions,ASIO
35 Subsection 85ZZJA(1)
Omit “Division 3 does”, substitute “Divisions 2 and 3 do”.
36 Before Subdivision C of Division 6 of Part VIIC
Insert:
85ZZJB Exclusions,ACC
(1) Divisions 2 and 3 do not apply in relation to:
(a) the disclosure of information to or by the ACC, or an ACC officer, if the disclosure is made for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
(b) filing or recording information that comes into the possession of the ACC, or an ACC officer, if the filing or recording is done for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
(c) the use by the ACC, or an ACC officer, of information for the purposes of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note 1: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
Note 2: The ACC is also covered by section 85ZZJ (see the definition of law enforcement agency in section 85ZL).
(2) In this section:
ACC officer means:
(a) a member of the staff of the ACC; or
(b) the Chief Executive Officer of the ACC.
Subdivision BB,Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
85ZZJC Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
Spent, pardoned and quashed convictions
(1) ASIO or an ASIO officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
(2) The ACC or an ACC officer may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
(3) An intelligence or security agency may use or disclose information, relating to a person’s conviction of an offence that is spent, pardoned or quashed, for the purpose of assessing:
(a) prospective employees or prospective members of the agency; or
(b) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.
Persons being found guilty of offences but discharged without conviction
(4) ASIO or an ASIO officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the functions, or the exercise of the powers, of ASIO or the officer.
(5) The ACC or an ACC officer may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, in the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
Note: The ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002 relates to criminal intelligence assessments.
(6) An intelligence or security agency may use or disclose information, relating to a person having been charged with and found guilty of an offence but discharged without conviction, for the purpose of assessing:
(a) prospective employees or prospective members of the agency; or
(b) persons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.
Relationship with other laws
(7) Nothing in this section limits any other power of ASIO, the ACC or an intelligence or security agency to use or disclose information:
(a) relating to a person’s conviction of an offence that is spent, pardoned or quashed; or
(b) relating to a person having been charged with and found guilty of an offence but discharged without conviction.
Interpretation
(8) This section has effect:
(a) despite subsection 85ZP(3) and Divisions 2 and 3; and
(b) despite any law of a State or Territory.
(9) In this section:
ACC officer means:
(a) a member of the staff of the ACC; or
(b) the Chief Executive Officer of the ACC.
ASIO means the Australian Security Intelligence Organisation.
ASIO officer means:
(a) the Director‑General of Security; or
(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
(c) an ASIO affiliate (within the meaning of that Act).
37 Application provision
The amendments made by this Division apply in relation to the use or disclosure of information on or after the commencement of this item, whether the information was obtained before, on or after that commencement.
Omit “as defined in section 36A”, substitute “within the meaning of Part III”.
AusCheck Regulations 2017
49 Section 4 (definition of adverse criminal intelligence assessment)
Omit “section 36A”, substitute “Part III”.
50 Section 4 (definition of high risk criminal intelligence assessment)
Repeal the definition.
51 Subsection 13(4A) (heading)
Omit “high risk”, substitute “adverse”.
52 Subsection 13(4A)
Omit “a high risk”, substitute “an adverse”.
53 Subsection 14(6) (heading)
Omit “high risk”, substitute “adverse”.
54 Subsection 14(6)
Omit “a high risk”, substitute “an adverse”.
55 Subparagraph 23(b)(iia)
Omit “a high risk”, substitute “an adverse”.
56 In the appropriate position in Part 5
Insert:
Division 9,Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
45 Application provision,amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
(1) The amendments of sections 13, 14 and 23 made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to the following:
(a) an application for a background check made on or after the commencement of this section;
(b) an application for a background check made before the commencement of this section that had not been completed before that commencement.
(2) In relation to a background check covered by paragraph (1)(b), subsections 13(4A) and 14(6) and subparagraph 23(b)(iia), as in force on or after the commencement of this section, apply as if a reference to an adverse criminal intelligence assessment included a reference to a high risk criminal intelligence assessment (within the meaning of this instrument as in force immediately before that commencement).
Australian Border Force Act 2015
57 After paragraph 46(j)
Insert:
(ja) a purpose relating to the performance of the Australian Crime Commission’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002;
Aviation Transport Security Act 2004
58 Section 4
Omit “serious crime”, substitute “serious and organised crime”.
59 Section 9
Insert:
serious and organised crime has the same meaning as in Part III of the Australian Crime Commission Act 2002.
60 Section 27
Omit “serious crime”, substitute “serious and organised crime”.
61 Division 4A of Part 3 (heading)
Repeal the heading, substitute:
Division 4A,Serious and organised crime
62 Section 38AA
Omit “serious crime”, substitute “serious and organised crime”.
63 Subsection 38AB(1)
Omit “serious crime”, substitute “serious and organised crime”.
64 Subsection 44C(1)
Omit “serious crime”, substitute “serious and organised crime”.
Aviation Transport Security Regulations 2005
65 Subregulation 6.01(1) (definition of adverse criminal intelligence assessment)
Omit “section 36A”, substitute “Part III”.
66 Subregulation 6.01(1) (note to the definition of adverse criminal intelligence assessment)
Omit “section 36D and Subdivision C of Division 2A of Part II”, substitute “section 54E and Division 4 of Part III”.
67 Paragraph 6.27AA(3)(c)
Omit “serious crime”, substitute “serious and organised crime”.
68 Paragraph 6.28(1)(ea)
Omit “person issuing the assessment”, substitute “Chief Executive Officer of the Australian Crime Commission”.
69 Paragraph 6.28(1)(ea)
Omit “serious crime”, substitute “serious and organised crime”.
70 Paragraph 6.28(4G)(a)
Omit “and (c)”, substitute “, (c) and (ea)”.
71 Subparagraph 6.42A(1)(b)(ii)
Omit “serious crime”, substitute “serious and organised crime”.
72 Paragraph 6.43(2)(bb)
Omit “person issuing the assessment”, substitute “Chief Executive Officer of the Australian Crime Commission”.
73 Paragraph 6.43(2)(bb)
Omit “serious crime”, substitute “serious and organised crime”.
74 Subregulation 6.44(2)
Omit “serious crime”, substitute “serious and organised crime”.
75 In the appropriate position in Part 10
Insert:
Division 25,Amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
10.56 Application of amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
(1) The amendment of paragraph 6.27AA(3)(c) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to an application for a background check made on or after the commencement of that Part.
(2) The amendments of regulation 6.28 made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to the issue of an ASIC on or after the commencement of that Part.
(3) The amendment of subparagraph 6.42A(1)(b)(ii) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to a direction made on or after the commencement of that Part.
(4) The amendments of paragraph 6.43(2)(bb) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to a cancellation of an ASIC on or after the commencement of that Part, whether the ASIC was issued before, on or after that commencement.
(5) The amendment of subregulation 6.44(2) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to a cancellation of an ASIC, VIC or TAC on or after the commencement of that Part, whether the ASIC, VIC or TAC was issued before, on or after that commencement.
Crimes Act 1914
76 After paragraph 3ZQU(1)(d)
Insert:
(da) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002;
Maritime Transport and Offshore Facilities Security Act 2003
77 Section 10
Insert:
serious and organised crime has the same meaning as in Part III of the Australian Crime Commission Act 2002.
78 Section 101
Omit “serious crime”, substitute “serious and organised crime”.
79 Division 6 of Part 6 (heading)
Repeal the heading, substitute:
Division 6,Serious and organised crime
80 Section 113E
Omit “serious crime”, substitute “serious and organised crime”.
81 Subsection 113F(1)
Omit “serious crime”, substitute “serious and organised crime”.
Maritime Transport and Offshore Facilities Security Regulations 2003
82 Subregulation 6.07B(1) (definition of adverse criminal intelligence assessment)
Omit “section 36A”, substitute “Part III”.
83 Paragraph 6.08C(1)(da)
Omit “person issuing the assessment”, substitute “Chief Executive Officer of the Australian Crime Commission”.
84 Paragraph 6.08C(1)(da)
Omit “serious crime”, substitute “serious and organised crime”.
85 At the end of subregulation 6.08C(5)
Add:
; and (c) the person meets the criteria in paragraph (1)(da).
86 Paragraph 6.08D(1)(b)
Omit “person issuing the assessment”, substitute “Chief Executive Officer of the Australian Crime Commission”.
87 Paragraph 6.08D(1)(b)
Omit “serious crime”, substitute “serious and organised crime”.
88 Subregulation 6.08D(1) (note)
Omit “section 36D and Subdivision C of Division 2A of Part II”, substitute “section 54E and Division 4 of Part III”.
89 Subregulation 6.08D(3)
Omit “serious crime”, substitute “serious and organised crime”.
90 Subregulation 6.08F(8)
Omit “serious crime”, substitute “serious and organised crime”.
91 Paragraph 6.08LC(1)(c)
Omit “serious crime”, substitute “serious and organised crime”.
92 Subparagraph 6.08LE(1)(b)(ii)
Omit “serious crime”, substitute “serious and organised crime”.
93 Paragraph 6.08M(1)(cb)
Omit “person issuing the assessment”, substitute “Chief Executive Officer of the Australian Crime Commission”.
94 Paragraph 6.08M(1)(cb)
Omit “serious crime”, substitute “serious and organised crime”.
95 Subregulation 6.08O(3)
Omit “serious crime”, substitute “serious and organised crime”.
96 In the appropriate position in Schedule 2
Insert:
Part 15,Amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
123 Application of amendments made by the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026
(1) The amendments of regulation 6.08C made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to the issue of an MSIC on or after the commencement of that Part.
(2) The amendments of paragraph 6.08D(1)(b) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to an adverse criminal intelligence assessment given on or after the commencement of that Part.
(3) The amendments of subregulations 6.08D(3) and 6.08F(8) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to a direction made on or after the commencement of that Part.
(4) The amendment of paragraph 6.08LC(1)(c) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to an application for a background check made on or after the commencement of that Part.
(5) The amendment of subparagraph 6.08LE(1)(b)(ii) made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 applies in relation to a direction made on or after the commencement of that Part.
(6) The amendments of regulations 6.08M and 6.08O made by Division 4 of Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to a cancellation of an MSIC on or after the commencement of that Part, whether the MSIC was issued before, on or after that commencement.
Surveillance Devices Act 2004
97 After paragraph 45(5)(g)
Insert:
(ga) the performance of the Australian Crime Commission’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002;
(gb) a proceeding relating to the review of an adverse criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002);
98 After subsection 45(7)
Insert:
(7A) Subsection (7) does not apply in relation to the Australian Crime Commission in connection with the performance of the Australian Crime Commission’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
99 After paragraph 45B(5)(b)
Insert:
(ba) the performance of the Australian Crime Commission’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002;
Telecommunications (Interception and Access) Act 1979
100 Subsection 5(1) (before subparagraph (aa)(i) of the definition of permitted purpose)
Insert:
(ia) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
101 After paragraph 5B(1)(a)
Insert:
(aa) a proceeding by way of review of a decision of the Organisation to make an adverse security assessment (within the meaning of Part IV of the Australian Security Intelligence Organisation Act 1979) or a qualified security assessment (within the meaning of that Part); or
(ab) a proceeding by way of review of a decision of the ACC to make an adverse criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002); or
102 After subsection 67(1C)
Insert:
(1D) An officer of the ACC may communicate to another person, make use of, or make a record of information mentioned in paragraph (1A)(c) for the purpose of the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
(1E) Subsection (1D) does not apply if the information mentioned in paragraph (1A)(c) was obtained by an officer of the ACC:
(a) by, or in connection with, intercepting a communication when exercising authority under a warrant issued to another agency; or
(b) as a result of a communication in accordance with section 66, where the information was obtained by intercepting a communication under a warrant issued to another agency.
103 After paragraph 68(a)
Insert:
(aa) if the information relates, or appears to relate, to the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002,to the Chief Executive Officer of the ACC; and
104 Subsection 73(1)
Omit “subsections (2) and (3)”, substitute “subsections (1A), (2) and (3)”.
105 After subsection 73(1)
Insert:
(1A) Subsection (1) does not apply in relation to an officer of the ACC in connection with the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
106 At the end of subsection 139(2)
Add:
; or (f) the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
107 Section 142
Before “A person”, insert “(1)”.
108 At the end of section 142
Add:
(2) Subsection (1) does not apply in relation to an officer of the ACC in connection with the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
109 Section 178 (at the end of the heading)
Add “etc.”.
110 Subsection 178(3)
Repeal the subsection, substitute:
(3) The authorised officer must not make the authorisation unless the authorised officer is satisfied that the disclosure is reasonably necessary for:
(a) in any case,the enforcement of the criminal law; or
(b) in the case of an authorised officer of the ACC,the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
111 Subsection 180(4)
Omit “the investigation of”.
112 Paragraph 180(4)(a)
Before “a”, insert “in any case,the investigation of”.
113 Paragraph 180(4)(b)
Before “an”, insert “in any case,the investigation of”.
114 At the end of subsection 180(4)
Add:
; or (c) in the case of an authorised officer of the ACC,the performance of the ACC’s function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002.
115 After subparagraph 181A(3)(b)(ii)
Insert:
(iia) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
116 After subparagraph 181A(6)(b)(ii)
Insert:
(iia) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
117 After subparagraph 181B(3)(b)(iib)
Insert:
(iic) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
118 After subparagraph 181B(6)(b)(iab)
Insert:
(iac) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
119 After subparagraph 182(2)(a)(iiib)
Insert:
(iiic) for the performance by the ACC of its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
120 After subparagraph 182(3)(a)(iib)
Insert:
(iic) for the performance by the ACC of its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
121 After subparagraph 182B(b)(ivb)
Insert:
(ivc) to enable the ACC to perform its function covered by paragraph 7A(da) of the Australian Crime Commission Act 2002; or
Part 3,Transmission of firearms information and other information to ACIC
Customs Act 1901
122 Section 273L
Repeal the section, substitute:
273L Transmission of firearms information and other information to ACIC
Home Affairs Secretary
(1) The Home Affairs Secretary may disclose firearms information, or other information prescribed by the regulations for the purposes of this subsection, that is contained in one or more electronic systems under the control of the Home Affairs Secretary, to the ACIC CEO.
Note: This section constitutes an authorisation for the purposes of other laws, such as Australian Privacy Principle 6 of the Privacy Act 1988.
(2) Without limiting subsection (1), the Home Affairs Secretary may disclose information mentioned in subsection (1) by arranging for the automatic transmission of that information to one or more electronic systems under the control of the ACIC CEO.
Comptroller‑General of Customs
(3) The Comptroller‑General of Customs may disclose firearms information, or other information prescribed by the regulations for the purposes of this subsection, that is contained in one or more electronic systems under the control of the Comptroller‑General of Customs, to the ACIC CEO.
Note 1: See subsection 4(1) for the definition of Comptroller‑General of Customs.
Note 2: This section constitutes an authorisation for the purposes of other laws, such as Australian Privacy Principle 6 of the Privacy Act 1988.
(4) Without limiting subsection (3), the Comptroller‑General of Customs may disclose information mentioned in subsection (3) by arranging for the automatic transmission of that information to one or more electronic systems under the control of the ACIC CEO.
Firearms information
(5) Firearms information is information relating to firearms or other goods relating to firearms (including firearms frames, firearms receivers and firearms sound suppressors). That information may include the following:
(a) information relating to the import or export of the firearms or other goods;
(b) information relating to licences or permits (however described) for the firearms or other goods;
(c) personal information or other information in relation to one or more persons.
Other prescribed information
(6) Information prescribed for the purposes of subsection (1) or (3) must be information relating to goods that are not firearms or other goods relating to firearms. That information may include the following:
(a) information relating to the import or export of the goods;
(b) information relating to licences or permits (however described) for the goods;
(c) personal information or other information in relation to one or more persons.
General definitions
(7) In this section:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
ACIC CEO means the Chief Executive Officer of the ACIC.
Home Affairs Secretary means the Secretary of the Department administered by the Minister administering the Australian Border Force Act 2015.
personal information has the same meaning as in the Privacy Act 1988.
273M Entry and transmission of information by computer
If this Act requires or permits information (including information in the form of particular words) to be entered into or transmitted by a computer (however described), the information may be entered into or transmitted by the computer in an encoded form chosen by:
(a) except in relation to subsection 273L(2),the Comptroller‑General of Customs; or
(b) in relation to subsection 273L(2),the Home Affairs Secretary within the meaning of section 273L.
123 Application provision
Section 273L of the Customs Act 1901, as substituted by this Part, applies in relation to information disclosed on or after the commencement of this item, whether the information was obtained or generated before, on or after that commencement.
Part 4,Public safety tests for firearms and weapons
Division 1,Amendments
Customs (Prohibited Imports) Regulations 1956
124 Subregulation 2(1)
Insert:
fails the public safety test for firearms has the meaning given by subregulation 4FA(5).
fails the public safety test for weapons has the meaning given by subregulation 4HA(5).
passes the public safety test for firearms has the meaning given by subregulation 4FA(4).
passes the public safety test for weapons has the meaning given by subregulation 4HA(4).
public safety test for firearms means the rules made by the Minister under subregulation 4FA(6).
public safety test for weapons means the rules made by the Minister under subregulation 4HA(6).
125 At the end of subregulation 4F(1)
Add:
; and (c) if the public safety test for firearms is applied under regulation 4FA to the importation of the article,the importation of the article passes the public safety test for firearms.
126 After subregulation 4F(1)
Insert:
(1AA) Despite subregulation (1), the importation of an article that fails the public safety test for firearms is not prohibited if the importation of the article complies with the public interest test set out in item 8A, or the national interest test set out in item 8B, of Part 1 of Schedule 6.
127 After regulation 4F
Insert:
4FA Public safety test for firearms
Minister may apply public safety test for firearms
(1) At or before the importation of an article to which regulation 4F applies, the Minister may assess whether the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.
Note: Regulation 4F applies to the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations.
(2) To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of an article under subregulation (1).
(3) The Minister may, at any time, require the person importing the article to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the article.
When importation of an article passes or fails the public safety test for firearms
(4) The importation of an article passes the public safety test for firearms if:
(a) the Minister assesses the importation of the article under subregulation (1); and
(b) the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article does not pose a risk to the health, safety or security of the public or a segment of the public.
(5) The importation of an article fails the public safety test for firearms if:
(a) the Minister assesses the importation of the article under subregulation (1); and
(b) the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.
Note: If the importation of an article fails the public safety test for firearms, the article is generally prohibited from being imported (see subregulations 4F(1) and (1AA)).
Rules relating to public safety test for firearms
(6) For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of an article to which regulation 4F 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.
128 Subregulation 4H(1)
Repeal the subregulation, substitute:
(1) Subject to subregulation (2), the importation into Australia of a weapon or weapon part of the kind mentioned in an item in Part 2 of Schedule 13 is prohibited unless:
(a) the importation is in accordance with the requirements set out in the item; and
(b) if the public safety test for weapons is applied under regulation 4HA to the importation of the goods,the importation of the goods passes the public safety test for weapons.
(1A) Despite subregulation (1), the importation of goods that fail the public safety test for weapons is not prohibited if the importation of the goods complies with the public interest test set out in item 9, or the national interest test set out in item 10, of Part 1 of Schedule 13.
129 After regulation 4H
Insert:
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.
130 Part 1 of Schedule 6
After “A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:”, insert:
Note: The public safety test for firearms may be applied to an article in addition to the tests in this Part. If the importation of the article fails the public safety test for firearms, the importation of the article will be prohibited unless the Minister gives written permission for the importation of the article under the public interest test or the national interest test in this Part (see subregulation 4F(1AA)).
131 Part 1 of Schedule 13
After “A reference in column 3 of Part 2 of this Schedule to compliance with a test means compliance in the following manner:”, insert:
Note: The public safety test for weapons may be applied to goods in addition to the tests in this Part. If the importation of the goods fails the public safety test for weapons, the importation of the goods will be prohibited unless the Minister gives written permission for the importation of the goods under the public interest test or the national interest test in this Part (see subregulation 4H(1A)).
Division 2,Application of amendments made by this Part
Customs (Prohibited Imports) Regulations 1956
132 At the end of regulation 22
Add:
(2) The amendments of these Regulations made by Part 4 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:
(a) any application for permission to import goods into Australia made at or after the commencement of that Part; and
(b) any application for permission to import goods into Australia made before that commencement that has not been finally decided; and
(c) any documentation given at or after that commencement to facilitate the importation of goods into Australia; and
(d) any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
Part 5,Importation of firearms
Division 1,Assisted repeating action and straight pull repeating action firearms
Customs (Prohibited Imports) Regulations 1956
133 Subregulation 2(1)
Insert:
assisted repeating action has the meaning given by subregulation 4F(4).
straight pull repeating action has the meaning given by subregulation 4F(4).
134 Subregulation 4F(4)
Insert:
assisted repeating action: a firearm is an assisted repeating action firearm if:
(a) the firearm operates with a self‑opening repeating action, or a self‑closing repeating action; and
(b) the cycle of operation of the firearm is partly automated.
straight pull repeating action: a firearm is a straight pull repeating action firearm if the firearm is operated by movement of a bolt or handle along a single linear axis (that is, without rotation).
135 Part 2 of Schedule 6 (table item 1, column 2, paragraph (c))
Repeal the paragraph, substitute:
(c) a rimfire rifle, other than a semi‑automatic rimfire rifle or an assisted repeating action or straight pull repeating action rimfire rifle;
136 Part 2 of Schedule 6 (table item 2, column 2, paragraph (d))
Repeal the paragraph, substitute:
(d) a repeating action centre fire rifle, other than an assisted repeating action or straight pull repeating action centre fire rifle;
137 Part 2 of Schedule 6 (table item 2, column 2, paragraph (f))
Repeal the paragraph, substitute:
(f) a repeating bolt action shotgun, other than an assisted repeating action or straight pull repeating action shotgun;
138 Part 2 of Schedule 6 (table item 2, column 2, paragraph (g))
After “lever action shotgun”, insert “that is not an assisted repeating action or straight pull repeating action shotgun, and that is”.
139 Part 2 of Schedule 6 (table item 2, column 2, paragraph (ga))
Repeal the paragraph.
140 Part 2 of Schedule 6 (at the end of table item 3, column 2)
Add:
An assisted repeating action or straight pull repeating action shotgun that is:
(a) without a firearm magazine; or
(b) fitted with a firearm magazine of a capacity no greater than 5 rounds.
An assisted repeating action or straight pull repeating action rimfire rifle that is:
(a) without a firearm magazine; or
(b) fitted with a firearm magazine of a capacity no greater than 10 rounds.
141 Part 2 of Schedule 6 (table item 3, column 3)
After “rimfire rifle”, insert “, or assisted repeating action or straight pull repeating action rimfire rifle”.
142 Part 2 of Schedule 6 (table item 3, column 3)
After “repeating shotgun”, insert “, or assisted repeating action or straight pull repeating action shotgun”.
143 Part 2 of Schedule 6 (table item 6, column 2, after paragraph (b))
Insert:
(ba) an assisted repeating action or straight pull repeating action rimfire rifle fitted with a firearm magazine of a capacity greater than 10 rounds;
144 Part 2 of Schedule 6 (table item 6, column 2, paragraph (da))
Repeal the paragraph, substitute:
(da) an assisted repeating action or straight pull repeating action shotgun fitted with a magazine of capacity greater than 5 rounds;
(db) an assisted repeating action or straight pull repeating action centre fire rifle;
145 Part 2 of Schedule 6 (table item 15, column 2, paragraph (d))
Repeal the paragraph, substitute:
(d) assisted repeating action or straight pull repeating action shotguns;
146 Part 2 of Schedule 6 (table item 16, column 2, after paragraph (c))
Insert:
or (d) assisted repeating action or straight pull repeating action rimfire rifles; or
(e) assisted repeating action or straight pull repeating action centre fire rifles;
147 Part 2 of Schedule 6 (cell at table item 16A, column 2)
Repeal the cell, substitute:
Detachable firearm magazine (other than a firearm magazine to which item 14A, 14B or 16 applies), having a capacity of more than 15 rounds, for repeating action centre‑fire rifles, whether or not attached to a firearm.
Division 2,Belt feeders
Customs (Prohibited Imports) Regulations 1956
148 Part 2 of Schedule 6 (table item 1, column 2, paragraph (e))
After “capability”, insert “or is operated using belt‑fed ammunition”.
149 Part 2 of Schedule 6 (table item 2, column 2, paragraph (h))
After “capability”, insert “or is operated using belt‑fed ammunition”.
150 Part 2 of Schedule 6 (table item 3, column 2, paragraph (a))
After “capability”, insert “or is operated using belt‑fed ammunition”.
151 Part 2 of Schedule 6 (table item 6, column 2, paragraph (e))
After “capability”, insert “or is operated using belt‑fed ammunition”.
152 Part 2 of Schedule 6 (table item 9, column 2, paragraph (d))
After “capability”, insert “or is operated using belt‑fed ammunition”.
Division 3,Magazines over 30 rounds
Customs (Prohibited Imports) Regulations 1956
153 Part 2 of Schedule 6 (after table item 16A)
Insert:
16B
Detachable firearm magazine having a capacity of more than 30 rounds (other than a firearm magazine to which item 14A, 14B, 15, 16 or 16A applies), whether or not attached to a firearm.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the returned goods test.
154 Part 2 of Schedule 6 (table item 17, column 2, paragraph (a))
Omit “or 16A applies”, substitute “, 16A or 16B applies”.
Division 4,Handguns
Customs (Prohibited Imports) Regulations 1956
155 Paragraph 4.1(c) of Part 1 of Schedule 6
Repeal the paragraph.
156 Subparagraph 4.1(d)(ii) of Part 1 of Schedule 6
Omit “or category H”.
157 Subitem 4.2 of Part 1 of Schedule 6
Repeal the subitem.
158 Subitem 5.1 of Part 1 of Schedule 6
After “category C article”, insert “, or a category H article,”.
159 Subitem 5.2 of Part 1 of Schedule 6 (note)
Omit “and restricted category C article”, substitute “, restricted category C article and category H article”.
160 Subitem 5A.1 of Part 1 of Schedule 6
After “category C article”, insert “, or a category H article,”.
161 Subitem 5A.2 of Part 1 of Schedule 6 (note)
Omit “and restricted category C article”, substitute “restricted category C article and category H article”.
162 Item 6 of Part 1 of Schedule 6 (heading)
Omit “,Category C and D articles”.
163 Subitem 6.1 of Part 1 of Schedule 6
Omit “or Category D”, substitute “, Category D or Category H”.
164 Subitem 6.2 of Part 1 of Schedule 6 (note)
After “Category D article”, insert “, Category H article”.
165 Item 7 of Part 1 of Schedule 6
Repeal the item, substitute:
Handgun test
7.1 The importation of a category H article complies with the handgun test if, at or before importation, the Minister gives written permission under this item for the importation of the article.
7.2 The Minister may give written permission for the importation of the article only if the Minister is satisfied that the importer is:
(a) a certified buyer for the article; or
(b) certified for business or occupational purposes for the article; or
(c) a certified collector for the article; or
(d) exempt from holding, or not required to hold, a licence for the article.
Note: For the definitions of category H article, certified buyer, certified for business or occupational purposes and certified collector, see Part 4.
166 Part 2 of Schedule 6 (cell at table item 9, column 3)
Repeal the cell, substitute:
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the sports shooter test;
(e) the international sports shooter test;
(f) the dealer test;
(g) the handgun test;
(h) the returned goods test.
If item 1A of Part 3 of this Schedule applies to the firearm,the firearm must comply with the identification requirements set out in the item.
If item 1 of Part 3 of this Schedule applies to the firearm,the firearm must comply with the safety requirements set out in the item.
167 Part 2 of Schedule 6 (table item 9B, column 3, paragraph (d))
Repeal the paragraph, substitute:
(d) the sports shooter test;
(da) the international sports shooter test;
168 Part 2 of Schedule 6 (table item 9B, column 3, after paragraph (e))
Insert:
(ea) the handgun test;
169 Part 2 of Schedule 6 (table item 10, column 3, paragraph (d))
Repeal the paragraph, substitute:
(d) the sports shooter test;
(da) the international sports shooter test;
(db) the dealer test;
(dc) the handgun test;
170 Part 2 of Schedule 6 (at the end of the cell at table item 17, column 3)
Add:
; (f) the sports shooter test;
(g) the international sports shooter test;
(h) the handgun test.
171 At the end of subitem 3A.1 of Part 4 of Schedule 6
Add:
; or (c) a firearm part covered by item 10 of Part 2; or
(e) a firearm magazine covered by item 17 of Part 2.
Division 5,Frames and receivers
Customs (Prohibited Imports) Regulations 1956
172 After paragraph 3E(1)(b)
Insert:
(ba) item 2A;
173 Part 2 of Schedule 6 (after table item 2)
Insert:
2A
A frame or receiver of, or for, a firearm to which item 1 or 2 applies.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the police certification test.
If item 1A of Part 3 of this Schedule applies to the frame or receiver, the frame or receiver must comply with the identification requirements set out in the item.
174 Part 2 of Schedule 6 (table item 2B, column 2)
After “other than”, insert “a frame or receiver, or”.
175 Part 2 of Schedule 6 (after table item 3)
Insert:
3A
A frame or receiver of, or for, a firearm to which item 3 applies.
For a frame or receiver of, or for, a semi‑automatic rimfire rifle:
(a) the importation must comply with at least one of the following tests:
(i) the official purposes test;
(ii) the specified purposes test;
(iii) the specified person test;
(iv) the police certification test;
(v) the dealer test;
(vi) the returned goods test; and
(b) if item 1A of Part 3 of this Schedule applies to the frame or receiver,the frame or receiver must comply with the identification requirements set out in the item.
For a frame or receiver of, or for, a semi‑automatic shotgun or pump action repeating shotgun:
(a) the importation must comply with at least one of the following tests:
(i) the official purposes test;
(ii) the specified purposes test;
(iii) the specified person test;
(iv) the police certification test;
(v) the sports shooter test;
(vi) the international sports shooter test;
(vii) the dealer test;
(viii) the returned goods test; and
(b) if item 1A of Part 3 of this Schedule applies to the frame or receiver,the frame or receiver must comply with the identification requirements set out in the item.
176 Part 2 of Schedule 6 (at the end of the cell at table item 4, column 2)
Add:
; or (c) a frame or receiver.
177 Part 2 of Schedule 6 (after table item 6)
Insert:
6A
A frame or receiver of, or for, a firearm to which item 6 applies.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the returned goods test;
(e) the dealer test.
If item 1A of Part 3 of this Schedule applies to the frame or receiver, the frame or receiver must comply with the identification requirements set out in the item.
178 Part 2 of Schedule 6 (at the end of the cell at table item 7, column 2)
Add:
; or (c) a frame or receiver.
179 Part 2 of Schedule 6 (table item 7, column 3)
Omit “For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.”.
180 Part 2 of Schedule 6 (after table item 12)
Insert:
12A
A frame or receiver of, or for, a firearm to which item 12 applies.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the returned goods test.
If item 1A of Part 3 of this Schedule applies to the frame or receiver, the frame or receiver must comply with the identification requirements set out in the item.
181 Part 2 of Schedule 6 (table item 13, column 2)
After “other than”, insert “a frame or receiver, or”.
182 Part 2 of Schedule 6 (table item 13, column 3)
Omit “For a frame or receiver to which item 1A of Part 3 of this Schedule applies, the frame or receiver must comply with the identification requirements set out in the item.”.
Division 6,Skirmish markers
Customs (Prohibited Imports) Regulations 1956
183 Subregulation 2(1)
Insert:
skirmish marker has the meaning given in subregulation 4F(4).
184 After paragraph 3E(1)(g)
Insert:
(ga) item 14B;
185 Subregulation 4F(4) (at the end of paragraph (c) of the definition of firearm)
Add:
; (xiii) a low power device that meets the requirements of a projectile toy under the Consumer Goods (Projectile Toys) Safety Standard 2020, as in force from time to time.
186 Subregulation 4F(4)
Insert:
skirmish marker:
(a) means a firearm that is designed to fire plastic, polymer or hydrated superabsorbent polymer balls, darts, discs or similar projectiles of any material; and
(b) includes goods commonly known as airsoft handguns, airsoft rifles, airsoft shotguns, blasters, gel blasters or gel ball blasters.
187 Part 2 of Schedule 6 (table item 1, column 2, paragraph (b))
Repeal the paragraph.
188 Part 2 of Schedule 6 (cell at table item 1, column 3)
Repeal the cell, substitute:
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the police certification test.
If item 1A of Part 3 of this Schedule applies to the firearm,the firearm must comply with the identification requirements set out in the item.
If item 1 of Part 3 of this Schedule applies to the firearm,the firearm must comply with the safety requirements set out in the item.
189 Part 2 of Schedule 6 (table item 9, column 2, paragraph (c))
Repeal the paragraph.
190 Part 2 of Schedule 6 (table item 12, column 2, paragraph (a))
Omit “or 14A”, substitute “, 14A or 14B”.
191 Part 2 of Schedule 6 (after table item 14A)
Insert:
14B
Skirmish marker, other than a skirmish marker:
(a) that is substantially the same in appearance as a fully automatic firearm; or
(b) to which a firearm accessory is attached or is integral.
Firearm part of, or for, a skirmish marker mentioned in this item.
Detachable firearm magazine (other than a gravity‑fed skirmish hopper) designed exclusively for use with a skirmish marker.
Plastic, polymer or hydratable superabsorbent polymer balls designed to be used as ammunition in a skirmish marker.
The importation must comply with the police certification test.
For a firearm, frame or receiver to which item 1A of Part 3 of this Schedule applies, the firearm, frame or receiver must comply with the identification requirements set out in the item.
For a firearm to which item 1 of Part 3 of this Schedule applies, the firearm must comply with the safety requirements set out in the item.
192 Part 2 of Schedule 6 (table items 15 and 16, column 2)
After “item 14A”, insert “or 14B”.
193 Part 2 of Schedule 6 (table item 17, column 2, paragraph (a))
After “item 14A,”, insert “14B,”.
Division 7,Proof of citizenship
Customs (Prohibited Imports) Regulations 1956
194 At the end of subitem 3.2 of Part 1 of Schedule 6
Add:
; and (c) the importer has produced evidence that the importer is an Australian citizen.
Division 8,Firearm sound suppressors and speed loaders
Customs (Prohibited Imports) Regulations 1956
195 Subregulation 2(1)
Insert:
speed loader means a device covered by paragraph (d) of the definition of firearm accessory in subregulation 4F(4).
196 After paragraph 3E(1)(f)
Insert:
(fa) item 13B;
197 Subregulation 4F(4) (before paragraph (f) of the definition of firearm accessory)
Insert:
(d) a device that holds multiple rounds of ammunition, other than ammunition mentioned in item 14A or 14B of Part 2 of Schedule 6, in alignment for the purpose of quickly reloading a firearm, a cylinder or a firearm magazine;
198 Part 2 of Schedule 6 (at the end of the cell at table item 11, column 2)
Add “, other than a firearm accessory to which item 13A or 13B applies”.
199 Part 2 of Schedule 6 (after table item 13)
Insert:
13A
A firearm accessory that is a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the returned goods test.
The firearm accessory must comply with the identification requirements set out in item 1AA of Part 3 of this Schedule.
13B
A firearm accessory that is a speed loader.
The importation must comply with at least one of the following tests:
(a) the official purposes test;
(b) the specified purposes test;
(c) the specified person test;
(d) the sports shooter test;
(e) the international sports shooter test;
(f) the returned goods test.
200 Part 2 of Schedule 6 (at the end of the cell at table item 14, column 2)
Add “, other than a firearm accessory to which item 13A or 13B applies”.
201 After item 1A of Part 3 of Schedule 6
Insert:
1AA. Identification requirements for silencers, sound moderators and sound suppressors
(1) A firearm accessory that is a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm complies with the identification requirements if the firearm accessory is:
(a) visually inspected by a Collector; and
(b) found by the Collector to:
(i) have a unique serial number that consists only of Arabic numerals, English letters, or punctuation marks; and
(ii) display the serial number in accordance with subitem (2).
(2) For the purposes of subparagraph (1)(b)(ii), the serial number must be:
(a) easily recognisable as the serial number for the firearm accessory; and
(b) legible; and
(c) able to be read without the use of any device or tool; and
(d) displayed on the external surface of the firearm accessory.
202 After paragraph 3A.1(c) of Part 4 of Schedule 6
Insert:
(d) a firearm accessory covered by item 13B of Part 2; or
Division 9,Application of amendments made by this Part
Customs (Prohibited Imports) Regulations 1956
203 At the end of regulation 22
Add:
(3) The amendments of these Regulations made by Part 5 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:
(a) any application for permission to import goods into Australia made at or after the commencement of that Part; and
(b) any application for permission to import goods into Australia made before that commencement that has not been finally decided; and
(c) any documentation given at or after that commencement to facilitate the importation of goods into Australia; and
(d) any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
Part 6,Approved forms for police certification for firearms imports
Division 1,Amendments
Customs (Prohibited Imports) Regulations 1956
204 At the end of item 4 of Part 1 of Schedule 6
Add:
4.2 For the purposes of paragraph 4.1(a), a statement made in approved form B709D or B709DA has no effect in relation to the importation of an article on or after the day this subitem commences (regardless of whether the statement was given to the importer before that day).
Note: This subitem was inserted by Part 6 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026.
205 Paragraph 1.2(b) of Part 4 of Schedule 6
Omit “law; and”, substitute “law.”.
206 Paragraph 1.2(c) of Part 4 of Schedule 6
Repeal the paragraph.
207 Paragraph 1A.2(d) of Part 4 of Schedule 6
Omit “article; and”, substitute “article.”.
208 Paragraph 1A.2(e) of Part 4 of Schedule 6
Repeal the paragraph.
209 Item 6 of Part 1 of Schedule 13
Before “The importation”, insert “6.1”.
210 At the end of item 6 of Part 1 of Schedule 13
Add:
6.2 For the purposes of subitem 6.1, a statement made in approved form B709X has no effect in relation to the importation of a good on or after the day this subitem commences (regardless of whether the statement was given to the importer before that day).
Note: This subitem was inserted by Part 6 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026.
Division 2,Application provisions
Customs (Prohibited Imports) Regulations 1956
211 At the end of regulation 22
Add:
(4) The amendments of these Regulations made by Part 6 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:
(a) any documentation given at or after the commencement of that Part to facilitate the importation of goods into Australia; and
(b) any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
Part 7,Offences relating to use of carriage service for firearms and explosives manufacture material
Division 1,Main amendments
Criminal Code Act 1995
212 After Subdivision HA of Division 474 of the Criminal Code
Insert:
Subdivision HB,Offences relating to use of carriage service for firearms and explosives manufacture material
474.45F Meaning of firearms and explosives manufacture material
(1) Firearms and explosives manufacture material is material that:
(a) provides instructions on the manufacture or modification of:
(i) a firearm, firearm accessory, firearm part or firearm magazine; or
(ii) an explosive or other lethal device; or
(b) supports or facilitates the manufacture or modification of:
(i) a firearm, firearm accessory, firearm part or firearm magazine; or
(ii) an explosive or other lethal device.
(2) To avoid doubt, material may be intended to do a thing covered by paragraph (1)(a) or (b) even if the material is also intended, or mainly intended, to do one or more other things.
(3) Material is also firearms and explosives manufacture material if:
(a) it is reasonable to consider the material together with other material; and
(b) were all of the material to be taken to be a single item of material, it would constitute firearms and explosives manufacture material under subsection (1).
(4) To avoid doubt, material may be firearms and explosives manufacture material even if it would not be possible to use the material to manufacture or modify:
(a) a functional firearm, functional firearm accessory, functional firearm part or functional firearm magazine; or
(b) a functional explosive or other lethal device.
Other definitions
(5) In this Subdivision:
explosive or other lethal device has the same meaning as in the Convention referred to in section 72.1.
firearm has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm accessory has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm magazine has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm part has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
474.45G Using a carriage service for firearms and explosives manufacture material
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) accesses material; or
(ii) causes material, or an electronic link that can be used to access material, to be transmitted to the first person or another person; or
(iii) transmits, makes available, publishes, distributes, advertises, or promotes, material or an electronic link that can be used to access material; or
(iv) solicits material or an electronic link that can be used to access material; and
(b) the first person does so using a carriage service; and
(c) the material is firearms and explosives manufacture material.
Penalty: Imprisonment for 5 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
(a) intention is the fault element for the conduct referred to in paragraph (1)(a);
(b) recklessness is the fault element for the circumstance referred to in paragraph (1)(c).
(3) Absolute liability applies to paragraph (1)(b).
474.45H Possessing or controlling firearms and explosives manufacture material obtained or accessed using a carriage service
(1) A person commits an offence if:
(a) the person has possession or control of material; and
(b) the material is in the form of data held in a computer or contained in a data storage device; and
(c) the person used a carriage service to obtain or access the material; and
(d) the material is firearms and explosives manufacture material.
Penalty: Imprisonment for 5 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
(a) intention is the fault element for the conduct referred to in paragraph (1)(a);
(b) recklessness is the fault element for the circumstance referred to in paragraph (1)(d).
(3) Strict liability applies to paragraph (1)(b).
(4) Absolute liability applies to paragraph (1)(c).
(5) If the prosecution proves beyond reasonable doubt the matters mentioned in paragraphs (1)(a), (b) and (d), then it is presumed, unless the person proves to the contrary, that the person:
(a) obtained or accessed the material; and
(b) used a carriage service to obtain or access the material.
Note: A defendant bears a legal burden in relation to the matters in this subsection: see section 13.4.
474.45J Defences in respect of firearms and explosives manufacture material
State or Territory licences or permits
(1) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
(a) either:
(i) the person (the business owner) carries on a business in relation to firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; or
(ii) the person performs work for such a business; and
(b) the business owner holds a licence or permit (however described):
(i) that was granted by a State or a Territory or an authority of a State or a Territory; and
(ii) that authorises the manufacture, repair, maintenance or modification of those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(iii) that is in force; and
(c) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(d) the conduct is in connection with the carrying on of that business.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
(2) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
(a) the person holds a licence or permit (however described):
(i) that was granted by a State or a Territory or an authority of a State or a Territory; and
(ii) that authorises the manufacture, repair, maintenance or modification of firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(iii) that is in force; and
(b) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Other exceptions
(3) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct in relation to material if:
(a) the conduct is necessary for enforcing a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(b) the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the conduct is for the purposes of proceedings in a court or tribunal; or
(d) both:
(i) the conduct is necessary for, or of assistance in, conducting scientific, academic or historical research; and
(ii) the conduct is reasonable in the circumstances for the purpose of conducting that scientific, academic or historical research; or
(e) both:
(i) the conduct is in connection with the performance by a public official of the official’s duties or functions; and
(ii) the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
(f) both:
(i) the conduct is in connection with an individual assisting a public official in relation to the performance of the public official’s duties or functions; and
(ii) the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official’s duties or functions.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Functions
(4) The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.
213 Subsections 475.1A(1) and (2) of the Criminal Code
After “HA”, insert “, HB”.
214 Dictionary in the Criminal Code
Insert:
firearms and explosives manufacture material has the meaning given by section 474.45F.
215 Transitional provision
For the purposes of paragraph 474.45H(1)(c) of the Criminal Code, it does not matter whether the person obtained or accessed the material before, on or after the commencement of this item.
Division 2,Consequential amendments
Crimes Act 1914
216 At the end of subsection 15GE(3)
Add:
; (g) Subdivision HB of Division 474 (Use of carriage service for firearms and explosives manufacture material).
Schedule 3,Transitional rules
1 Transitional rules
(1) The Minister administering the Australian Federal Police Act 1979, the Minister administering the Administrative Review Tribunal Act 2024 or the Minister administering Part XII of the Customs Act 1901 may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to rules made under this item before the end of the period of 12 months starting on the day this item commences.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;