Run foul with Custom

[rally]

Under South Australian Law
1.7.2011—Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000

This is the clause that classifies a laser pointer as a Prohibited Weapon

Schedule 2
10A—Laser pointer
A hand-held device commonly known as a laser pointer designed or adapted to emit a
laser beam with an accessible emission level of greater than 1 milliwatt.


This is the main exemption under South Australian law for using a laser over 1mW for astronomical use one there.

Schedule 3—Exemptions
17—Laser pointers for astronomical use
(1) A person who has possession of, or uses, a laser pointer for the purpose or in the
course of participating in astronomy is exempt from the offences of possession and
use of a laser pointer under section 15(1c)(b) of the Act if the person—
(a) is a member of—
(i) the Astronomical Society of South Australia Incorporated; or
(ii) the Mars Society Australia Incorporated; or
(b) participates in astronomy under the supervision of a member of a body
referred to in paragraph (a); or
(c) participates in astronomy at an observatory; or
(d) participates in astronomy as part of a course of study conducted by an
educational institution.
(2) In this clause—
laser pointer means a device declared to be a prohibited weapon by clause 10A of
Schedule 2.

So if you have an observatory you are allowed to use one.

[mithrandir (Andrew)]

Originally Posted by rally

...
(c) participates in astronomy at an observatory; or
...
So if you have an observatory you are allowed to use one.

Where is the definition of an observatory? Does it have to be a building from which "observing" is performed? Does your often used location on a bit of grass/gravel/concrete in the back yard count?

[rally]

"Observatory" is not further defined in the regulations.
I suspect its not further defined elsewhere in the full Act, but I haven't searched it to be sure.

But I suspect that the general meaning of a structure designed to house a telescope system would apply.
So a piece of concrete would be highly doubtful, but a roll off roof or dome certainly must.

They don't specify commercial or professional observatory, so any person could argue successfully that their observatory is an observatory under the act.
If its been approved by the local council as an observatory then I think it would be hard to argue otherwise.

The intention of the act seems to be to ensure that since astronomy is accepted as a genuine exempted use, that the person claiming the exemption is in fact engaged in astronomy. But I'll leave this interpretation to the relevant court to rule on !

I wonder if an astronomy tent qualifies !?
I wonder that if a person was legitimately and sensibly using a laser pointer and they were with a group of people all with telescopes on dedicated piers on a concrete pad, that a sensible judge might use his discretion to deem that site to be an observatory for the purposes of the Act. But I would not want to presuppose what any judge might find !

Remember this Act only applies to SA.

[mswhin63 (Malcolm)]

Just looking for holes in the legislation or acts, the courts would decide then if you are right or wrong. To test the legislation would cost you a pretty penny and highly likely yo would not get the money back either.

Maybe we need to wait for someone to go through the courts first before saying yah or nay or just join a club.

[MrB (Simon)]

It is my understanding that customs/police are only interested in laser POINTERS as it is these lasers that those mentally challenged individuals like to use to blind airline pilots and cause problems on freeways etc.
The component parts are perfectly legal to import.

I have purchased many powerful lasers over the years and never once had a drama, including lots of 600mW, 650nm red diodes, 405nm Violet diodes, a 2W (yes two Watts... or 2000mW) 445nm Blue diode and never had an issue with any of them.
I have also imported a 473nm Blue DPSS laser, this beauty contains a ~6 Watt 808nm infrared diode that can very easily burn holes through all sorts of items(and send you blind instantly) Amazing beautiful colour on the output though.
All these beams have ofcourse never seen open space, they are operated in a controlled environment.
One day I will get around to combining all these into a white laser for RGB laser shows and holography.

[I.C.D (Ian)]

G'Day All,
Well yesterday I received a phone call from Custom Weapon &Firearms branch in Canberra informing me that my laser tested at 50mW, not what was marked on the package invoice (1mW).If wish to continue with my claim I would have to go through the courts and if I lost the case I was up for a $400 fine plus their court cost.
So I have forfeit my claim and the said laser will be destroyed .
Lesson learnt if you have any doubt what you are buying overseas Check the custom web sit first it my be cheaper in the long time

Ian C
All

[mswhin63 (Malcolm)]

Wow, they are getting tough now, removing it from the package

[erick (Eric)]

Originally Posted by I.C.D

.....my laser tested at 50mW, not what was marked on the package invoice (1mW).....

I gather the description of goods was falsely stated? I suspect a 1mW rated laser would not deliver 50mW.