Customs criteria on what "substantially duplicates a military firearm" that makes it banned from importation

Bob made this Freedom of Information request to Australian Border Force

The request was successful.

From: Bob

Delivered

Dear Australian Border Force,
I am writing a request for 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,
Yours faithfully,
Bob Smith.

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From: FOI
Australian Border Force

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Yours Sincerely

FOI Helpdesk

Freedom of Information Section

Department of Immigration and Border Protection

Information updated 30 September 2016

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Locutus Sum left an annotation ()

May I recommend to you that send an updated request from the same request page. It is very likely (almost certain) that eventually the department will write to you to tell you that your request is not a valid FOI request. It is not a valid request because it is not a request for an identifiable document. It is a request for many sorts of information, and these requests are not valid FOI requests under the law of the Commonwealth. It would be valid under the NSW GIPA law but not under Commonwealth law.

So, you have a choice. You can wait until the department tells you these things and have an unnecessary delay, or you can immediately amend your request to make it a request for documents. "I request any document created between THIS DATE and THAT DATE that shows the criteria ... "

There is an alternative way also possible. You could amend your request to say that it is a request under "administrative arrangements and not an FOI request". Then you can ask for anything you wish but also with this method there is a downside ... the department does not have legal "administrative arrangement" obligations but they do have FOI Act obligations.

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From: FOI
Australian Border Force


Attachment FA 16 11 01635 Acknowledgement Letter 1.pdf
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Our references: FA 16/11/01635;  ADF2016/72474

 

Dear Mr Smith

 

Please find attached the acknowledgement of receipt for your recent FOI
Request. 

 

Request for an extension of time

Please be aware that the Department has seen a significant increase in the
number of FOI requests received by this agency. As a result there are
expected delays involved with the processing of FOI requests at the
present time. Generally, requests will be processed in the order that they
are received. The Department will endeavour to finalise your request as
quickly as possible.

 

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.

 

It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Tuesday, 29
November 2016.

 

Exclusion of non-SES staff personal details and SES telephone contact
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Please do not hesitate to contact me should you wish to discuss.

 

Yours sincerely

 

FOI Officer

Freedom of Information Section

Information Management Branch | Corporate Services Division

Corporate Group

Department of Immigration and Border Protection
E: [1][ABF request email]

 

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From: Bob

Delivered

Dear FOI, Yes i consent to an extension in the time frame of on or before decmber 25th, 2016

Yours sincerely,

Bob

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From: Bob

Delivered

Dear FOI,
The lack of cooperation i have received on my request is unacceptable for a government department that has the power to over-rule what may or may not enter the country. My original request was sent on the 21st of November 2016 titled "Customs criteria on what substantially duplicates a military firearm that makes it banned from importation" specifically in relation to the decision to prohibit the TROY par from being imported. I was advised on the 25th of November that the department had requested a 30 day extension to witch i agreed. As i have not received any further correspondence for 27 days following the lapse of the extension period i am requesting an internal review of my question. This lack of continuity is not acceptable from a governmental department the size of Boarder Force.

Original request: https://www.righttoknow.org.au/request/c...

Yours sincerely,

Bob

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From: FOI
Australian Border Force


Attachment FA161101635 Decision.pdf
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Attachment FA161101635 documents released.pdf
1.4M Download View as HTML


Good afternoon

 

FOI request FA 16/11/01635

 

I refer to your FOI request received on 21 November 2016, seeking access
to documents relating 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.

 

Please find attached the decision record and documents released under the
FOI Act.

 

This request has now been closed.

 

With kind regards
Alison Smith
FOI Officer | Freedom of Information Section
Freedom of Information, Privacy and Records Management Branch | Corporate
Support Division
Department of Immigration and Border Protection
E| [ABF request email]

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the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
DIBP respects your privacy and has obligations under the Privacy Act 1988.
 

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

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