Gun-Formers (imitation weapons) laws and requirements for Australia

[Ralph Wiggum]

I really just want final official conformation from Customs at this point as to if it is a replica or if it is inaccurate enough to just be a toy.

Customs have nothing to do with it. They merely enforce the relevant State law as it is up to each State Police to decide whether the gun is a replica/toy. State Police firearms are the ones who give you the permit to import (B709)...you just give the permit to Customs if they happen to "hold" your toy and they will release it to you. So assuming you're in Qld, you need to check with Qld Police.

[GoktimusPrime]

Bear in mind that Customs is a Federal body, so if they detect Megatron then they may seize it regardless of the destination state. The recipient is then notified and then it's up to you to arrange to have the toy released to you either by explaining that you live in a state where it's perfectly legal, or present your permit. I don't know how purchasing it from a domestic source might affect things. I assume that the toys would have already passed international customs but may still be subject to domestic border control.

[Darkness]

You can tell customs all you want that you live in a state where a permit to possess isn't required, they will not release your goods till they receive your B709. It's not hard to understand, importing replica and imitation firearms first requires compliance with federal law in all states and territories.

[GoktimusPrime]

Not true. There have been collectors in SA and WA who've had their toys seized by Customs and were released to them without permit once those people explained to them that they lived in states where the toys are unrestricted. If you live in a state where it is restricted, then yes, it won't be released to you until you present your permit.

[Darkness]

Well I'm speaking from first hand experience in a state where a permit to possess is not required. The stories you heard, did you ever stop to wonder why the items were seized in the first place if it's common knowledge amongst customs officers that there is no permit to possess required in that state?
"Hey you seized my goods, im allowed to own here in sa"
"Oh really good sir? Yeah we know, we just did this for shits and giggles and will release your goods to you"

[Sinnertwin]

Well I'm speaking from first hand experience in a state where a permit to possess is not required. The stories you heard, did you ever stop to wonder why the items were seized in the first place if it's common knowledge amongst customs officers that there is no permit to possess required in that state?
"Hey you seized my goods, im allowed to own here in sa"
"Oh really good sir? Yeah we know, we just did this for shits and giggles and will release your goods to you"

I've also wondered that.
If an item like an MP5 is addressed to a WA, SA &/or QLD residence, why all of the foreplay for a B709?
By my logic, you really don't need one if it's permitted in the state.

[GoktimusPrime]

Well I'm speaking from first hand experience in a state where a permit to possess is not required. The stories you heard, did you ever stop to wonder why the items were seized in the first place if it's common knowledge amongst customs officers that there is no permit to possess required in that state?
"Hey you seized my goods, im allowed to own here in sa"
"Oh really good sir? Yeah we know, we just did this for <expletive> and giggles and will release your goods to you"

The stories came from members of this board, so feel free to question some of our SA and WA based residents here if you doubt their tales.

[Darkness]

So are you saying that despite the fact that a B709 is required, that collectors in qld, sa, and wa, shouldn't bother submitting a b709 because of a few good fortune stories? If a customs officer handed over a seized item because the receiver simply told them that they are allowed to own said item, then that customs officer isn't doing their job. Are we going to give other collectors in these states the impression that "she'll be right" or are we going to encourage them to do the free and easy process of a B709 to ensure they receive their goods with no delay or fuss due to customs hold ups? I only needed to be inconvenienced once to know that there's a smarter, easier way.
Don't try to indirectly suggest i was calling other collectors liars either, that's poor form.

[DELTAprime]

Customs have nothing to do with it. They merely enforce the relevant State law as it is up to each State Police to decide whether the gun is a replica/toy. State Police firearms are the ones who give you the permit to import (B709)...you just give the permit to Customs if they happen to "hold" your toy and they will release it to you. So assuming you're in Qld, you need to check with Qld Police.

You miss the point.