New South Wales Consolidated Acts

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FIREARMS ACT 1996

- As at 7 July 2017
- Act 46 of 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Principles and objects of Act
   4.      Definitions
   4A.     Meaning of “possession” of a firearm-proof of possession
   4B.     Meaning of “close associate” of firearms dealer
   4C.     Meaning of “prohibited pistol   4D.     Special provisions relating to imitation firearms
   5.      Amendment of Schedule 1 list of prohibited firearms
   6.      Application of Act
   6AA.    Application of Commonwealth National Vocational Education and Training Regulator Act 2011
   6A.     Exemption for certain firearms manufactured before 1900
   6B.     Exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses

   PART 2 - LICENCES AND PERMITS

           Division 1 - Requirement for licence or permit

   7.      Offence of unauthorised possession or use of pistols or prohibited firearms
   7A.     Offence of unauthorised possession or use of firearms generally

           Division 2 - Licensing scheme

   8.      Licence categories and authority conferred by licence
   9.      Authority conferred by licence-additional matters
   10.     Applications for licences
   11.     General restrictions on issue of licences
   12.     Genuine reasons for having a licence
   13.     Category B licences-restrictions on issue
   14.     Category C licences-restrictions on issue
   15.     Category D licences-restrictions on issue
   16.     Category H licences-restrictions on issue
   16A.    Probationary pistol licences
   16B.    Special provisions relating to category H (sport/target shooting) licences issued for specialised target pistols
   16C.    Provisional pistol (business/employment) licences
   17.     Proof of special need
   17A.    Special provisions relating to category C licences issued for clay target shooting purposes
   17B.    Firearms dealer licences-restrictions on issue
   17C.    Special provisions relating to firearms collector licences (post-1946 pistols)
   18.     Form of licence
   19.     Conditions of licence
   20.     Firearms collector licences-special conditions
   20A.    Special conditions of category D licences issued to primary producers
   21.     Term of licence
   22.     Suspension of licence
   23.     Suspension of licence on making of interim apprehended violence order
   24.     Revocation of licence
   25.     Surrender and seizure of firearms when licence suspended or revoked
   26.     Recognition of interstate licences for certain purposes
   27.     Interstate residents moving to this State

           Division 3 - Permits

   28.     General power to issue permits
   29.     General restrictions on issuing permits
   30.     General provisions relating to permits
   31.     Permits to acquire firearms
   31A.    Waiting period for issuing permits to acquire firearms
   32.     Minor’s firearms permits

   PART 3 - REGISTRATION OF FIREARMS
   None

           Division 1 - Registration scheme

   33.     Register of Firearms
   34.     Registration of firearms
   35.     Cancellation of registration

           Division 2 - Offences relating to registration

   36.     Unregistered firearms
   37.     Requirements relating to registered firearms
   38.     Alteration of notice of registration

   PART 4 - SAFE KEEPING OF FIREARMS
   None

   39.     General requirement
   40.     Category A and category B licence requirements
   41.     Category C, D and H licence requirements
   42.     Seizure of firearms if storage requirements not met
   42A.    Inspections of storage of firearms held by security guard employers

   PART 5 - FIREARMS DEALERS

   43.     Firearms dealers must be licensed
   44.     Information about close associates of firearms dealers
   44A.    Prescribed persons not to be involved in firearms dealing business
   45.     Recording of transactions
   45A.    Recording of ammunition transactions
   46.     Quarterly returns
   47.     Additional requirements for dealers
   48.     Security of displayed firearms
   49.     Interstate transactions between dealers

   PART 6 - MISCELLANEOUS OFFENCES

   50.     Acquisition of firearms
   50AA.   Acquisition of firearm parts
   50A.    Unauthorised manufacture of firearms
   50B.    Giving possession of firearms or firearm parts to unauthorised persons
   51.     Restrictions on supply of firearms
   51A.    Restrictions on acquiring firearms
   51B.    Supplying firearms on an ongoing basis
   51BA.   Restrictions on supply of firearm parts
   51BB.   Supplying firearm parts on an ongoing basis
   51C.    Conspiring to commit and aiding etc commission of offence outside New South Wales
   51CA.   Attempts
   51D.    Unauthorised possession of firearms in aggravated circumstances
   51E.    Possession or use of pistols fitted with magazines of more than 10 round capacity
   51F.    Possession of digital blueprints for manufacture of firearms
   51G.    Defences for offences under section 51F
   51H.    Stolen firearms or firearm parts
   52.     Use of mail for sending firearms and barrels
   53.     Use of mail for sending firearms outside this State
   54.     Advertising supply of firearms
   55.     Means of delivering possession of firearms
   56.     Commercial transportation of firearms
   57.     Non-commercial transportation of certain firearms
   58.     Possession of spare barrels for firearms
   59.     “On-the-spot” inspection of firearms by police
   60.     Disposal of firearms by unauthorised persons
   61.     Unsafe firearms
   62.     Shortening firearms
   63.     Converting firearms
   64.     Restrictions where alcohol or other drugs concerned
   65.     Supply, acquisition and possession of ammunition
   65A.    Supply of ammunition by firearms dealers-additional requirements
   66.     Defaced or altered firearms or firearm parts
   67.     Pawning of firearms prohibited
   68.     Licence or permit must be produced on demand
   69.     Requirement to notify change of address
   70.     False or misleading applications
   71.     Misuse of licences and permits
   71A.    Using forged or fraudulently altered licence or permit to obtain firearm
   72.     Falsifying or altering records

   PART 6A - (Repealed)
   None

   PART 7 - FIREARMS PROHIBITION ORDERS

   73.     Firearms prohibition orders
   74.     Effect of firearms prohibition order
   74A.    Powers of police to search for firearms in possession of person subject to firearms prohibition order
   74B.    Monitoring of police search powers by Ombudsman

   PART 8 - APPLICATIONS TO CIVIL AND ADMINISTRATIVE TRIBUNAL

   75.     Administrative reviews by Civil and Administrative Tribunal of certain decisions
           76, 77. (Repealed)

   PART 9 - MISCELLANEOUS PROVISIONS

           78, 78A. (Repealed)
   79.     Disclosure by health professionals of certain information
   79A.    Disclosure of certain information by club officials
   80.     Disposal of surrendered or seized firearms
   81.     Delegation
   82.     Liability of parents
   82A.    Deceased estates
   83.     Offences by corporations
   84.     Proceedings for offences
   85.     Time for commencing proceedings for offence
   85A.    Penalty notices
   86.     Service of notices
   87.     Evidence
   88.     Regulations
   89.     Repeal of Firearms Act 1989 and Firearms Regulation 1990
   90.     (Repealed)
   91.     Savings and transitional provisions
   92.     Review of Act
   93.     Registration of firearm frames and receivers
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3


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