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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Firearms Legislation Amendment
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Firearms Act 1996 No 46 3
Schedule 2 Amendment of Firearms Regulation 2006 8
Schedule 3 Amendment of National Parks and Wildlife
Regulation 2009 9
b2011-050-35.d11
New South Wales
Firearms Legislation Amendment
Bill 2011
No , 2011
A Bill for
An Act to amend the Firearms Act 1996 and the Firearms Regulation 2006 to make
further provision with respect to the regulation and control of firearms; and for other
purposes.
Clause 1 Firearms Legislation Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Firearms Legislation Amendment Act 2011. 3
2 Commencement 4
(1) This Act commences 3 months after the date of assent to this Act, except 5
as provided by subsection (2). 6
(2) A proclamation may provide for the commencement of a provision of 7
this Act on a day (as appointed by the proclamation) occurring during 8
the period of 3 months after the date of assent. 9
Page 2
Firearms Legislation Amendment Bill 2011
Amendment of Firearms Act 1996 No 46 Schedule 1
Schedule 1 Amendment of Firearms Act 1996 No 46 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
air rifle means an air gun other than a pistol. 4
[2] Section 6A Exemption for certain firearms manufactured before 1900 5
Omit section 6A (1). Insert instead: 6
(1) A person is exempt from any requirement under this Act to hold 7
a licence or permit in respect of the possession of an antique 8
firearm. However, this exemption does not extend to any of the 9
following kinds of antique firearms (referred to as an antique 10
firearm for which a licence or permit is required): 11
(a) a pistol that is capable of discharging breech-loaded 12
metallic cartridges, 13
(b) a percussion lock pistol equipped with a revolving 14
cylinder. 15
Note. A licence or permit will still be required to use any kind of antique 16
firearm as defined in subsection (7). 17
[3] Section 6A (4) 18
Omit "the exemption provided by this subsection does not extend to an antique 19
revolver or a firearm part for an antique revolver". 20
Insert instead "this exemption does not extend to an antique firearm for which 21
a licence or permit is required or a firearm part for any such antique firearm". 22
[4] Section 6A (5) 23
Omit "antique revolver". 24
Insert instead "antique firearm for which a licence or permit is required". 25
[5] Section 6A (7) 26
Omit the subsection. Insert instead: 27
(7) In this section: 28
antique firearm means a firearm manufactured before 1900 that: 29
(a) is not capable of discharging breech-loaded metallic 30
cartridges, or 31
(b) is a firearm the ammunition for which is determined by the 32
Commissioner to be ammunition that is not commercially 33
available. 34
Page 3
Firearms Legislation Amendment Bill 2011
Schedule 1 Amendment of Firearms Act 1996 No 46
[6] Section 6C 1
Insert after section 6B: 2
6C Exemptions relating to air rifles 3
(1) Permit to acquire not required 4
A permit under section 31 to acquire a firearm is not required in 5
the case of an air rifle. Accordingly, sections 50 (b) and 6
51 (1) (b) (ii) and (1A) (b) (ii) do not apply in relation to the sale 7
or purchase of an air rifle. 8
(2) Registration not required 9
An air rifle is not required to be registered. Accordingly, a person 10
does not commit an offence under section 36 or 37 (2) in relation 11
to a firearm that is an air rifle. 12
(3) The possession of an unregistered air rifle is taken not to be 13
possession for the purposes of an offence under section 51D 14
involving the possession of unregistered firearms. 15
(4) Exemption for minors using air rifles under supervision at 16
shooting ranges 17
A person who is under the age of 18 years (the minor) is exempt 18
from any requirement under this Act to be authorised by a licence 19
or permit to possess or use an air rifle if: 20
(a) the minor possesses or uses the air rifle only: 21
(i) while at a shooting range approved by the 22
Commissioner in accordance with the regulations, 23
and 24
(ii) while under the direct supervision of a person who 25
is authorised by a licence to possess and use an air 26
rifle, and 27
(b) the minor is accompanied at the shooting range by the 28
minor's parent or legal guardian or the minor has the 29
parent's or guardian's written consent to possess or use an 30
air rifle at the range and that written consent is given to the 31
person having control for the time being of the range. 32
[7] Section 8 Licence categories and authority conferred by licence 33
Insert ", or to possess and use an air rifle" after "applies" under the heading 34
Authority conferred by the licence in the matter relating to category A licences 35
in section 8 (1). 36
Page 4
Firearms Legislation Amendment Bill 2011
Amendment of Firearms Act 1996 No 46 Schedule 1
[8] Section 8 (1) 1
Omit the last paragraph of the matter relating to category H licences (pistols). 2
Insert instead: 3
Despite the provisions referred to above in relation to this licence 4
category, a category H licence authorises the possession or use of 5
an antique firearm (within the meaning of section 6A) that is not 6
required to be registered because of that section. However, a 7
category H (sport/target shooting) licence does not authorise the 8
possession or use of any such antique firearm that is a prohibited 9
pistol. 10
[9] Section 12 Genuine reasons for having a licence 11
Insert "or on any other land owned by, or under the control or management of, 12
a public or local authority" after "rural land" in paragraph (a) of the matter 13
relating to the genuine reason of vertebrate pest animal control in the Table. 14
[10] Section 12, Table 15
Insert ", or a public or local authority," after "government agency" in 16
paragraph (b) of the matter relating to the genuine reason of vertebrate pest 17
animal control. 18
[11] Section 12, Table 19
Insert "or local" after "public" in paragraph (c) of the matter relating to the 20
genuine reason of vertebrate pest animal control. 21
[12] Sections 25 (1) and 30 (6) 22
Omit "immediately" wherever occurring. 23
Insert instead ", immediately after being directed to do so in writing by the 24
Commissioner,". 25
[13] Section 26 Recognition of interstate licences for certain purposes 26
Insert "or public" after "rural" wherever occurring in section 26 (2) (b). 27
[14] Section 31 Permits to acquire firearms 28
Omit section 31 (3B) (b). Insert instead: 29
(b) during the remainder of the term of the licence--may only 30
issue a total of 2 permits authorising the person to acquire 31
no more than 2 pistols. 32
[15] Section 31 (3C) 33
Omit the subsection. 34
Page 5
Firearms Legislation Amendment Bill 2011
Schedule 1 Amendment of Firearms Act 1996 No 46
[16] Section 34A 1
Insert after section 34: 2
34A Interstate residents moving to this State 3
(1) A resident of another State or Territory in whose name a firearm 4
is registered under a law in force in that other State or Territory 5
(the relevant person) may notify the Commissioner in writing: 6
(a) of the person's intention to become a resident of this State, 7
and 8
(b) of the particulars of the firearm and the address of the 9
premises where it is to be kept. 10
(2) If the Commissioner is notified in accordance with 11
subsection (1), the firearm is taken to be registered under this 12
Act: 13
(a) until the end of the period of 3 months from the date on 14
which the relevant person notified the Commissioner, or 15
(b) until such time as the person's application for registration 16
of the firearm under this Act is granted or refused, 17
whichever is sooner. 18
(3) An application by the relevant person for the registration of a 19
firearm that has been notified to the Commissioner under 20
subsection (1) is not required to be accompanied by any fee. 21
[17] Section 45 Recording of transactions 22
Omit "Subsection (1) (b)" from section 45 (1A). 23
Insert instead "Subsection (1)". 24
[18] Section 45 (1A) (a1) 25
Insert after section 45 (1A) (a): 26
(a1) a firearm in respect of which a licence or permit is not 27
required to possess or use the firearm, or 28
[19] Section 45 (1B) 29
Omit the subsection. 30
[20] Schedule 1 Prohibited firearms 31
Omit item 8. 32
Page 6
Firearms Legislation Amendment Bill 2011
Amendment of Firearms Act 1996 No 46 Schedule 1
[21] Schedule 3 Savings and transitional provisions 1
Insert at the end of clause 1 (1) with appropriate paragraph numbering: 2
Firearms Legislation Amendment Act 2011. 3
Page 7
Firearms Legislation Amendment Bill 2011
Schedule 2 Amendment of Firearms Regulation 2006
Schedule 2 Amendment of Firearms Regulation 2006 1
[1] Clause 31 Practising at approved ranges 2
Omit clause 31 (3). Insert instead: 3
(3) It is a condition of the approval of a shooting range under Part 8 4
that the holder of a shooting range approval is to ensure that any 5
person using the shooting range under this clause is supervised 6
while doing so by a person appointed by the holder of the 7
approval. 8
[2] Clause 87 Approval of shooting range 9
Insert after clause 87 (1): 10
(1A) Without limiting the authority conferred by such an approval, the 11
approval of a shooting range authorises shooting events and 12
related practice activities that are not specifically named in the 13
approval to be conducted or carried out at the range so long as the 14
type of any such event or activity would, but for its name, be 15
authorised under the conditions of the approval as in force at the 16
time the event or activity is conducted or carried out. 17
[3] Clause 116 18
Omit the clause. Insert instead: 19
116 Exemption relating to imitations of antique firearms 20
(1) A person is not required to be authorised by a permit to possess 21
or use an imitation of an antique firearm (other than an imitation 22
of an antique firearm for which a licence or permit is required). 23
(2) In this clause, antique firearm has the same meaning as in 24
section 6A of the Act. 25
Page 8
Firearms Legislation Amendment Bill 2011
Amendment of National Parks and Wildlife Regulation 2009 Schedule 3
Schedule 3 Amendment of National Parks and 1
Wildlife Regulation 2009 2
[1] Clause 20 Weapons 3
Omit "airgun," from clause 20 (1) (b). 4
[2] Clause 20 (2A) and (2B) 5
Insert after clause 20 (2): 6
(2A) A person does not commit an offence under subclause (1) (a) of 7
carrying, or being in possession of, a firearm in a park if: 8
(a) the firearm is not loaded with any ammunition, and 9
(b) the firearm is being conveyed in a vehicle that is travelling 10
on any public or other road traversing the park, and 11
(c) the person is authorised by or under the Firearms Act 1996 12
to possess the firearm. 13
(2B) A person does not commit an offence under subclause (1) (d) of 14
carrying, or being in possession of, ammunition in a park if: 15
(a) the ammunition is kept separate from any firearm, and 16
(b) the ammunition is being conveyed in a vehicle that is 17
travelling on any public or other road traversing the park, 18
and 19
(c) the person: 20
(i) is authorised by or under the Firearms Act 1996 to 21
possess a firearm which takes that ammunition, or 22
(ii) is authorised by a permit under that Act to possess 23
that ammunition. 24
Page 9
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