24 November 2016
Bob Smith
Right to Know
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 16/11/01635
File Number: ADF2016/72474
Dear Mr Smith
Acknowledgement of Freedom of Information Access request
This letter refers to an access request received under the
Freedom of Information Act 1982 (the FOI Act) on 21 November 2016, seeking access to:
'information relating the criteria for Customs to ban the importation of a firearm by a
firearms dealer or other legal importer with the intent of legal distribution to the
licensed civilian market. My request primarily relates to firearms that are deemed to
be of "military appearance" but have an action that is legal on category A or B
licences in Australia States and Territories. A specific example of this is the Troy
Defence, TROY Pump Action Rifle that was banned due to features that "substantially
duplicate a military firearm". I would like information on what constitutes so called
"military features" and why customs thinks it is appropriate to ban firearms on
appearance but not action as this rifles action would deem it legal in all states and
territories on a B licence. Furthermore I would like to know if there has been any
discussion or movement on the TROY Pump Action Rifle's legal importation and if so
what this is. If there are checklists for "military appearance" pistols, rifles and
shotguns I request this be released in full. I further request the release on official
documents that directly ban the TROY Pump Action Rifle from importation with
justifiable reasons why it is the case. Finally I request the release of information on
who determines if a firearm "substantially duplicate a military firearm", and what their
qualification is to do so both in experience with firearms and knowledge with firearms
and on an official level'
Please note the request will be for obtaining access to document/s in possession of the
agency, and therefore, questions which do not clearly identify a particular document will not
be processed as part of this request.
Your request has been allocated FOI request number FA 16/11/01635. Please include your
FOI request number in all correspondence with the Freedom of Information (FOI) Section.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone 02 6264 1111 • Website: www.border.gov.au
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Timeframe for request
The statutory time frame provided under the FOI Act for processing requests is a standard
30 calendar days. Due to the unprecedented number of requests currently being received by
the Department, our processing times have increased.
We appreciate your patience and understanding during this busy time and we will endeavour
to finalise your request as soon as possible. Although we endeavour to have all requests
finalised within the statutory timeframes, this is not practicable at this time. Requests that are
outside the processing timeframes under the FOI Act will still continue to be processed by
the Department.
FOI requests will generally be processed in the order that they are received. As the number
of cases on-hand continues to increase, we are unable to give you an exact date for the
finalisation of your request. In some cases where a request is specific and is seeking to
access a single document the Department may process this type of request within the 30 day
timeframe.
Request for an extension of time
For this reason the Department seeks your agreement (under s.15AA of the FOI Act) to
extend the timeframe for the processing of your request by 30 days. You may confirm your
agreement to the extension of time by writing to the Department at
xxx@xxxxxx.xxx.xx
If you agree to the extension of time please advise the Department within 3 days from the
date of this letter. If you are unable or unwilling to provide an extension of time you are not
required to respond to this letter.
Contacting the FOI Section
If you wish to discuss your access request you may contact the FOI Section using the details
provided below.
Contacting the Department
You can contact us with an enquiry in a number of ways including by email, through our
website; by telephone, through our Service Centres or offices around the world, or in person.
In Australia you can call 13 18 81 between 9 am and 4 pm Monday to Friday. Details on
submitting a webform, or contacting our offices outside Australia are available on our website
at
www.border.gov.au. Yours sincerely
FOI Officer
Freedom of Information Section
Information Management Branch | Corporate Services Division
Corporate Group
Department of Immigration and Border Protection
E:
xxx@xxxxxx.xxx.xx
