(1) The amendments of these Regulations made by 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.Part 1 of Schedule 1 to the 

Neither of the following is a legislative instrument:

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.

In this Part:

(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.

(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:

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.

(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 Federal Financial Relations Act 2009 in connection with the implementation of the national firearms program.section 16 of the

The AFP Minister may authorise payments by the Commonwealth in connection with activities relating to the implementation of the national firearms program.

Subitem (1) does not apply in relation to a payment to a State.

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).

Before authorising any payment under this item, the AFP Minister must, by notifiable instrument, determine an amount for the purposes of subitem (3).

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.

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.

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.

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.

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.

The Consolidated Revenue Fund is appropriated for payments under this item.

If paragraph (1)(f) applies, a firearms background check of an individual may only take into account one or more of the following:

The AusCheck scheme may, for the purposes of paragraph 8(1)(f), make provision for and in relation to any of the following:

The matters referred to in subsection (1) may relate to:

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:

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.

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.

(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):

(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.

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.

(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:

(2) Action is also prescribed administrative action if the action relates to or affects:

(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:

(2) A federal offence is an offence:

The ACC may make criminal intelligence assessments for purposes related to:

The CEO may, by legislative instrument, determine the following in relation to the making of criminal intelligence assessments:

The CEO must not make a determination under subsection (2) unless the CEO has consulted the Minister.

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.

To avoid doubt, for the purposes of performing the function in subsection (1), the ACC may:

(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).

The CEO must, in writing, issue instructions about the conducting of searches for the purposes of subsection (6).

Instructions issued under subsection (7) are not a legislative instrument.

(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:

(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).

(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:

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.

An adverse criminal intelligence assessment given to a Commonwealth agency under subsection (3) must be accompanied by:

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:

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.

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.

A certificate made under subsection (7) is not a legislative instrument.

If the direction under subsection (8) is made in writing, the direction is not a legislative instrument.

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.

The written notice must:

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:

Despite subsection (3), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.

Subsection (1) does not apply if a certificate made under subsection (6) is in force in relation to the adverse criminal intelligence assessment.

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:

If the Minister makes a certificate under subsection (6) in relation to an adverse criminal intelligence assessment, the Minister must:

A certificate made under subsection (6) is not a legislative instrument.

(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:

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.

The substituted action takes effect on:

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.

An arrangement under subsection (1) does not prevent the ACC from taking specified criminal intelligence assessment action.

An arrangement under subsection (1) is not a legislative instrument.

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.

Without limiting subsection (1), the CEO must do the things (if any) prescribed by the regulations for the purposes of this subsection.

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).

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.

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.

Subsection (2) has effect despite subsection 17(1) of the ART Act (about who can apply for review).

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:

Despite subsection (4), subsection (1) does apply in the circumstances prescribed by the regulations for the purposes of this subsection.

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:

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.

A person commits an offence if:

Subsection (1) does not apply if the making of the record, disclosure or use:

Paragraph (1)(d) does not apply in the circumstances prescribed by the regulations for the purposes of this subsection.

(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.

Before making an arrangement under subsection (1), the Director-General must consult the Inspector-General of Intelligence and Security.

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).

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.

(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.

The substituted action takes effect on:

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.

An arrangement under subsection (1) does not prevent the Organisation from taking specified assessment action.

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.

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).

Before making an instrument under subsection (1), the Minister must consult the Inspector-General of Intelligence and Security.

As soon as practicable after making an instrument under subsection (1), the Minister must:

The Committee on Intelligence and Security may request a briefing on the instrument.

An instrument made under subsection (1) is not a legislative instrument.

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.

Without limiting subsection (1), the Director-General must do the things (if any) prescribed by the regulations for the purposes of this subsection.

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).

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.

(1) 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.Division 2A of Part II of the

(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.

Divisions 2 and 3 do not apply in relation to:

In this section:

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.

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:

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.

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:

Nothing in this section limits any other power of ASIO, the ACC or an intelligence or security agency to use or disclose information:

This section has effect:

In this section:

(1) The amendments of sections 13, 14 and 23 made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to the following:Division 4 of Part 2 of Schedule 2 to the

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).

Crimes Act 1914

(1) The amendments of regulation 6.08C made by 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.Division 4 of Part 2 of Schedule 2 to the

(2) The amendments of paragraph 6.08D(1)(b) made by 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.Division 4 of Part 2 of Schedule 2 to the

(3) The amendments of subregulations 6.08D(3) and 6.08F(8) made by 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.Division 4 of Part 2 of Schedule 2 to the

(4) The amendment of paragraph 6.08LC(1)(c) made by 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.Division 4 of Part 2 of Schedule 2 to the

(5) The amendment of subparagraph 6.08LE(1)(b)(ii) made by 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.Division 4 of Part 2 of Schedule 2 to the

(6) The amendments of regulations 6.08M and 6.08O made by 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.Division 4 of Part 2 of Schedule 2 to the

(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.

(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.

Subsection (1D) does not apply if the information mentioned in paragraph (1A)(c) was obtained by an officer of the ACC:

(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.

(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.

The authorised officer must not make the authorisation unless the authorised officer is satisfied that the disclosure is reasonably necessary for:

(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.

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.

(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.

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.

(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:

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:

In this section:

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.

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

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.

(4) The importation of an article passes the public safety test for firearms if:

(5) The importation of an article fails the public safety test for firearms if:

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.

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.

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:

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.

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.

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

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.

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

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

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.

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.

(2) The amendments of these Regulations made by of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 4

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.

The Minister may give written permission for the importation of the article only if the Minister is satisfied that the importer is:

(3) The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 5 of Schedule 2 to the

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).

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).

Customs (Prohibited Imports) Regulations 1956

(4) The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 6 of Schedule 2 to the

Other definitions

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.

State or Territory licences or permits

Other exceptions

Functions

(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.

To avoid doubt, the rules may not do the following: