Guns on a Boat, Yes or No?

[ontherocks83]

Originally Posted by weavis

hahahahahahahaha
You are so very brave.

I know a lot of Marines on this board.
Some lack a sense of humour.........

I am a former Marine so it's cool we can make fun of ourselves.

[accomplice]

Originally Posted by ontherocks83

Whoa whoa whoa Weavis. People have severe peanut allergies which can cause anaphylaxis and they could die. Peanuts could arguably be more dangerous then guns if you don't have them properly stored, labeled, and secured. You cant go joking about things like peanuts my man.
I mean I am all about guns but when I was young I saw this one bully holding a peanut chasing a kid with a peanut allergy. It was a really scary life and death situation. Scarred me for life.

Actually new topic question. Peanuts on a boat Yes or no?

Or, epi-pen on board, yes or no?

[ontherocks83]

Originally Posted by accomplice

Or, epi-pen on board, yes or no?

I see you circled back to the epi pen / meds thread. Good show. Its kind of like the seven degrees of Kevin Bacon. Bet we can some how link all threads to guns.

We have connected guns and deep fryers. So next in line is the "Vegans Make good Lovers" for food recipes thread. Ok whats next in line?

[accomplice]

Originally Posted by ontherocks83

I see you circled back to the epi pen / meds thread. Good show. Its kind of like the seven degrees of Kevin Bacon. Bet we can some how link all threads to guns.

We have connected guns and deep fryers. So next in line is the "Vegans Make good Lovers" for food recipes thread. Ok whats next in line?

Oh, that's too easy.

If I ever bought a (fill in brand of boat here), I'd need a gun on board....TO SHOOT MYSELF!

[StuM]

Originally Posted by accomplice

Oh, that's too easy.

If I ever bought a (fill in number of hulls), I'd need a gun on board....TO SHOOT MYSELF!

There, fixed it for you.

[IslandHopper]

Originally Posted by ontherocks83

I see you circled back to the epi pen / meds thread. Good show. Its kind of like the seven degrees of Kevin Bacon. Bet we can some how link all threads to guns.

We have connected guns and deep fryers. So next in line is the "Vegans Make good Lovers" for food recipes thread. Ok whats next in line?

[Rustic Charm]

This is probably more a jokes thread now than a serious discussion but I'll add my 2 cents worth anyway (which are no longer printed in Australia anymore

The 'importation' and 'declaring' are pretty much synonymous in Australia. All the states and territories since our major incident in 1996 work very closely together now.

You can seek to import certain weapons under certain tight conditions, which includes sports, repairs, proven needs, but this approval always requires prior written notice and approval. It used to be at least 4 weeks. And of course one of the things you will get permission to do is to 'import' one of these 'certain' weapon's that you 'exported' after the appropriate permission.

If you are moving to Australia to live, you can 'import' weapons, which will be held until you organise the appropriate state or territory licensing requirements and holding facilities. But again, before transporting these weapons to Australia your required to seek written permission first.

As for 'declaring' weapons upon arriving in Australia when you have not sought the appropriate 'importation' approval, you 'may' avoid being fined by voluntarily 'declaring' them, but they will then be confiscated and Custom's 'may' seize them and have them destroyed. You won't have an automatic right to getting them back.

It is generally custom's that will deal with this, however upon an offence or crime being identified, custom's will then call police in to take it further. They will determine whether a federal offence has been committed, such as the 'importing illegally' into Australia, or whether only a state offence has occurred in which case they will call the state police.

Each state and territory all have similar laws now, the terminology changes a little but the laws are pretty much the same with the exception of Tasmania I think, where Tasmania does not permit paint ball guns or even the pellets. Tasmania also have strict laws about knives too, so if a knife is hidden on your vessel, it could be deemed to be an offensive weapon and confiscated and even charges occur. Sound silly, but it will depend on the circumstances.

But as a summary, if your intending on sailing to Australia nowdays, get your permission to 'import' prior to arriving, or take the chance of loosing it for good, even if you do declare it on arrival.

[Cheechako]

Guns on a boat? only on a Gunboat!

[atoll]

Originally Posted by Rustic Charm

This is probably more a jokes thread now than a serious discussion but I'll add my 2 cents worth anyway (which are no longer printed in Australia anymore

The 'importation' and 'declaring' are pretty much synonymous in Australia. All the states and territories since our major incident in 1996 work very closely together now.

You can seek to import certain weapons under certain tight conditions, which includes sports, repairs, proven needs, but this approval always requires prior written notice and approval. It used to be at least 4 weeks. And of course one of the things you will get permission to do is to 'import' one of these 'certain' weapon's that you 'exported' after the appropriate permission.

If you are moving to Australia to live, you can 'import' weapons, which will be held until you organise the appropriate state or territory licensing requirements and holding facilities. But again, before transporting these weapons to Australia your required to seek written permission first.

As for 'declaring' weapons upon arriving in Australia when you have not sought the appropriate 'importation' approval, you 'may' avoid being fined by voluntarily 'declaring' them, but they will then be confiscated and Custom's 'may' seize them and have them destroyed. You won't have an automatic right to getting them back.

It is generally custom's that will deal with this, however upon an offence or crime being identified, custom's will then call police in to take it further. They will determine whether a federal offence has been committed, such as the 'importing illegally' into Australia, or whether only a state offence has occurred in which case they will call the state police.

Each state and territory all have similar laws now, the terminology changes a little but the laws are pretty much the same with the exception of Tasmania I think, where Tasmania does not permit paint ball guns or even the pellets. Tasmania also have strict laws about knives too, so if a knife is hidden on your vessel, it could be deemed to be an offensive weapon and confiscated and even charges occur. Sound silly, but it will depend on the circumstances.

But as a summary, if your intending on sailing to Australia nowdays, get your permission to 'import' prior to arriving, or take the chance of loosing it for good, even if you do declare it on arrival.

what you say is quite correct,but this applies to Australian flagged vessels,or vessels that are going to be imported into Australia.

as a foreign flagged vessel merely" transiting" the country,when you arrive and declare your your firearms they are put in a black plastic bag and sealed by the customs then taken to the local storage facility.

once you decide to sail to Darwin and exit the country your firearms are transported by the customs to your designated exit portf( given sufficient notice) ,you pick them up,untampered when you clear out and leave.

local restrictions do not apply,since you are not importing them ,nor have access to them whilst in the country.

[Rustic Charm]

Originally Posted by atoll

what you say is quite correct,but this applies to Australian flagged vessels,or vessels that are going to be imported into Australia.

as a foreign flagged vessel merely" transiting" the country,when you arrive and declare your your firearms they are put in a black plastic bag and sealed by the customs then taken to the local storage facility.

once you decide to sail to Darwin and exit the country your firearms are transported by the customs to your designated exit portf( given sufficient notice) ,you pick them up,untampered when you clear out and leave.

local restrictions do not apply,since you are not importing them ,nor have access to them whilst in the country.

Is this still happening? like still the case?
My understanding is it's really got little to do with what 'flag' the vessel is registered with. And that this process you have just described won't occur with for example a private recreational vessel visiting Australia. My understanding, which I'm happy to go and explore further, but I'm led to believe that recreational vessels (any) visiting Australia are not permitted to come to Australian waters without prior written approval to do so.

And you are in fact importing them. If you bring an item 'into' this country, then you ARE importing them and such importing 'into' Australia is a federal issue, not a state. Though States have 'importing' laws into states as well.

[atoll]

Originally Posted by Rustic Charm

Is this still happening? like still the case?
My understanding is it's really got little to do with what 'flag' the vessel is registered with. And that this process you have just described won't occur with for example a private recreational vessel visiting Australia. My understanding, which I'm happy to go and explore further, but I'm led to believe that recreational vessels (any) visiting Australia are not permitted to come to Australian waters without prior written approval to do so.

And you are in fact importing them. If you bring an item 'into' this country, then you ARE importing them and such importing 'into' Australia is a federal issue, not a state. Though States have 'importing' laws into states as well.

when I arrive with my foreign flagged vessel I don't have to import it into Australia even though I am transiting its waters and spending time there.
generally for up to 18 months.

firearms are exactly the same I don't import them if I intend to leave with them,they are held for safekeeping by the customs till I leave,local restrictions do not apply.

the only thing I have to do by law is report my immenent arrival into the country,i think no less than 72 hours before arriving

[Rustic Charm]

Originally Posted by atoll

when I arrive with my foreign flagged vessel I don't have to import it into Australia even though I am transiting its waters and spending time there.
generally for up to 18 months.

firearms are exactly the same I don't import them if I intend to leave with them,they are held for safekeeping by the customs till I leave,local restrictions do not apply.

When did you last do this Atol?

And where in Australian law are you relying on the idea that your 'not' importing them?

[atoll]

Originally Posted by Rustic Charm

When did you last do this Atol?

And where in Australian law are you relying on the idea that your 'not' importing them?

2010 Bundaberg,and I belive it is unclos ,international maritimel law that applies.
in relation to bonded stores and restricted items

Customs


Firearms must be declared on entry. All military-type firearms (greater than .22), machine guns, pistols, revolvers, ammunition, as well as flick knives and knuckledusters are prohibited imports, and will be sealed on board or taken into custody at the first port of entry. Arrangements can be made to transport them to the port of departure if sufficient notice is given of that port and the date of departure. Sporting rifles and shotguns may be kept on board if a permit is obtained from the police and there is a suitable storage facility. This last condition also applies if prohibited imports are to be sealed on board.

Foreign yachts may now be temporarily imported into Australia for up to 3 years without paying duty or Goods and Services Tax. This can be accumulated over different seasons, however after the maximum 3 year period, yachts must be away from Australia for two years before being allowed back into Australia - otherwise duty and GST are payable immediately.
Direct any enquiries to information@customs.gov.au

[atoll]

clearance obligations,not declaring any type of firearm,no restrictions listed on calibre etc

May 2014: There is a move to make all pleasure craft reporting and clearance totally electronic. Currently in trial phase but due to be implemented September this year, you can read more here.

The ports of entry all have 24-hour service. There are severe penalties for stopping anywhere else before clearing in, up to an Aus$50,000 fine. One should fly the Q flag as soon as one enters Australian territorial waters.

See the Australian Government's Information for Yachts.

There are particularly strict rules concerning stops in any of the islands in the Torres Strait. The area is under constant surveillance by customs planes. If an emergency stop is made at one of the islands, no one must land or have contact with any other vessel. As this is an international waterway, vessels are allowed to transit without clearing into Australia provided the above rules are observed. The nearest port of entry is at Thursday Island.

Notice of Arrival

By law the captain must give notice of arrival between 96 hours and 90 days before arrival.
This can be done by:
- sending an email to yachtreport@customs.gov.au;
- sending a fax to +61 2 6275 6331;
- phoning the Australian Customs National Communications Centre on +61 3 9244 8973.

You will need to provide the following information:
- The name of your yacht;
- Intended first port of arrival;
- Estimated arrival time;
- Last four ports;
- Details of people on board including name, date of birth, nationality and passport number;
- Details of any illness or disease recently encountered;
- If you have any animals on board;

" - If you have any firearms on board."

Request a confirmation and print it out for reference.

Australian customs do realise that not all vessels are fitted with the latest communications equipment and therefore it may not be possible to e-mail from onboard. This requirement seems to cause confusion as people interpret it as notification must be given 96 hours prior to arrival. This is not the case. This is the minimum requirement. Therefore a skipper can report his impending arrival prior to departing his home port up to 90 days prior to his expected arrival in Australia.

If by chance the vessel arrives prior to lapsing of the 96 hours of arrival it can wait out the time anywhere it is safe to do so. If due to dangerous seas, or there is a medical emergency etc., then the vessel is able to progress to a safe haven or the Boarding Station.

Since this new regulation came into force in 2006 several yacht captains have been taken to court for failure to comply with this regulation.

Clearance at the Port of Entry

At the port of entry, clearance is done by Customs, Immigration and Quarantine(AQIS). They may require a list of ship's stores, dutiable items and information about any animals on board as well as the previous port clearance and the usual crew list and offical papers.

Every person on board must have a valid visa, otherwise the captain will be fined Aus$1000 for every person arriving without a visa, including the captain himself. Everyone must remain on board until clearance is completed.

On arrival the captain must complete a arrival report, which can be found online at http://www.customs.gov.au/webdata/re...files/b333.pdf

Customs


Customs


Firearms must be declared on entry. All military-type firearms (greater than .22), machine guns, pistols, revolvers, ammunition, as well as flick knives and knuckledusters are prohibited imports, and will be sealed on board or taken into custody at the first port of entry. Arrangements can be made to transport them to the port of departure if sufficient notice is given of that port and the date of departure. Sporting rifles and shotguns may be kept on board if a permit is obtained from the police and there is a suitable storage facility. This last condition also applies if prohibited imports are to be sealed on board.

Foreign yachts may now be temporarily imported into Australia for up to 3 years without paying duty or Goods and Services Tax. This can be accumulated over different seasons, however after the maximum 3 year period, yachts must be away from Australia for two years before being allowed back into Australia - otherwise duty and GST are payable immediately.
Direct any enquiries to information@customs.gov.au

[Rustic Charm]

Originally Posted by atoll

2010 Bundaberg,and I belive it is unclos ,international maritimel law that applies.
in relation to bonded stores and restricted items

I thought as much. UNCLOS does not regulate to Sovereign countries what their import and export laws are to be.

The import and export of weapons into Australia is governed by Australia's
Customs (Prohibited Imports) Regulations 1956 and the Custom's act of 1901.

And as I started off saying, 'import and export' meanings are simply 'bringing and taking'. It might have different meanings in other countries, but in Australia you 'import' if you bring an item into Australia.

Likewise states have the same meaning. When I was a state police officer, and I caught someone bringing something illegal into our state, I would charge them with 'importing' the item. Whether they were intending on leaving with it again was completely immaterial..

I'll follow up on your advice that in 2010 they took your weapons and sealed them in black bags and then transported them to Darwin for you. I was under the impression this was not occurring any more, since around 2007 I think. But in any case, 'transiting' means you don't leave your vessel. Someone can 'transit' to many of our islands in cases of emergency and when you do, you must not leave the vessel. But you must still declare any weapons. In the case of an emergency transit, you may get away with it, with possibly confiscating your weapon and giving it back when you leave, I'm not really sure about that.

But written authority is needed to 'bring' a weapon into Australia and it's about 4 weeks, not 96 hours. The 96 hours refers to arriving yourself, not the importation (bringing) of weapons into Australia.

I'm not sure how arriving at Bundaberg and then leaving in Darwin is 'transiting' though? I'd presume you were not permitted to leave the boat?