South Australian Consolidated Acts

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FIREARMS ACT 1977 - SECT 21B

21B—Acquisition of ammunition

        (1)         A person must not purchase ammunition or accept ammunition as a gift unless he or she is the holder of—

            (a)         a firearms licence (not being a collector's licence) that authorises possession of a firearm designed to fire that ammunition; or

            (b)         a permit granted by the Registrar entitling the holder to acquire ammunition of that kind.

        (2)         A person who contravenes subsection (1) is guilty of an offence.

        (2a)         In proceedings for an offence against subsection (2) the onus is on the defendant to establish that he or she held the licence or permit required by subsection (1) when the ammunition was acquired.

        (3)         The Registrar must not grant a permit to acquire ammunition unless satisfied that the applicant—

            (a)         is a fit and proper person to have possession of ammunition of the kind that may be acquired under the permit; and

            (b)         has a genuine reason for making the application.

        (4)         When granting a permit the Registrar must not restrict the kind of ammunition that can be acquired unless it is, in the Registrar's opinion, necessary to do so in order to comply with subsection (3).

        (5)         A person who sells or supplies ammunition to another person knowing, or having reason to believe, that that other person—

            (a)         is not the holder of a firearms licence (other than a collector's licence) that authorises possession of a firearm designed to fire that ammunition; and

            (b)         is not the holder of a permit granted by the Registrar authorising the acquisition of that ammunition,

is guilty of an offence.

        (6)         This section does not apply in relation to the acquisition of ammunition

            (a)         by a licensed dealer in ammunition in the ordinary course of business as a dealer in ammunition; or

            (b)         by a recognised firearms club for distribution to members of, or visitors to, the club; or

            (c)         by a member of a recognised firearms club from the club; or

            (d)         from a recognised firearms club by a visitor to the club for use on the grounds of the club in a manner authorised by the club; or

            (da)         by a recognised paint-ball operator for distribution to participants in an organised activity involving the use of paint-ball firearms (but no other firearms) on grounds of a recognised paint-ball operator; or

            (e)         by a person for use by that person in a firearm in circumstances in which that person is not required by this Act to hold a firearms licence.

        (7)         In proceedings for an offence against this section the onus is on the defendant to prove that he or she was entitled to purchase, accept, sell or supply the ammunition by virtue of subsection (6).

        (8)         The maximum penalty for an offence against this section is $10 000 or imprisonment for two years.



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