Northern Territory Consolidated Acts

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FIREARMS ACT - SECT 4

Exemptions

    (1)     This Act does not apply to or in relation to:

        (a)     a person who is a member of the Defence Force mentioned in Part 3, Division 1 of the Defence Act 1903 (Cth) who is using a firearm that is the property of the Force for purposes concerned with the Force; or

        (b)     an explosive-powered tool or compressed air nailing tool; or

        (d)     a spear-gun; or

        (e)     a pistol designed to be used for life-saving, rescuing or distress signal purposes; or

        (f)     a firearm or a type of firearm mentioned in a notice under section 8(1)(b).

    (2)     This Act does not apply to or in relation to a starting pistol that is the property of a sporting association or body if:

        (a)     the association or body is affiliated with the governing body for its sport in the Territory; and

        (b)     the starting pistol is used at sporting fixtures organised and controlled by the sporting association or body; and

        (c)     the starting pistol is in the possession of an adult when at or being transported to or from the sporting fixture; and

        (d)     the starting pistol is stored in accordance with the storage requirements under this Act.

    (3)     Parts 3 and 5 do not apply to or in relation to a person who is a common carrier in respect of the person's possession of a firearm that:

        (a)     is not the person's property; and

        (b)     forms part of a consignment of goods in the person's possession as a common carrier.

    (4)     Part 3 and sections 58, 59, 66, 77, 78, 79, 80, 82 and 83 do not apply to or in relation to:

        (a)     a police officer; or

        (b)     a member of the Australian Federal Police; or

        (c)     a member of a police force of a State or another Territory; or

        (d)     an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth); or

        (e)     a member of the Australian Protective Service; or

        (f)     a correctional officer (as defined in section 4 of the Correctional Services Act );

in respect of his or her possession or use of a firearm in the course of his or her duty as a member or officer.

    (4A)     Section 69 does not apply to a person specified in subsection (4) in respect of the person's possession of ammunition in the course of the person's duty as an officer or member.

    (5)     Sections 78 and 79 do not apply to or in relation to a person who is:

        (a)     a public sector employee; or

        (b)     an APS employee as defined in section 7 of the Public Service Act 1999 (Cth);

in respect of the person's possession or use, in the course of his or her duty as such an employee, of a firearm the property of the Territory or the Commonwealth.

    (6)     The Commissioner may, by written notice, declare that such provisions of this Act as the Commissioner thinks fit and specifies in the notice do not apply, or apply in accordance with such conditions as are specified in the notice:

        (a)     to certain persons in relation to their activities at an approved paintball range, shooting gallery, amusement parlour or similar place; or

        (b)     in relation to firearms amnesties generally or periods specified in the notice as amnesty periods;

and those provisions do not apply or apply only subject to those conditions.



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