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TASMANIA
__________
FIREARMS AMENDMENT BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 FIREARMS ACT 1996 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of "close associate" of firearms dealer
6. Section 4 substituted
4. Possession of firearms
7. Section 6 amended (Application of Act)
8. Section 11 amended (Dealing in firearms)
9. Section 16 amended (Category C firearms licence)
10. Section 17 amended (Category D firearms licence)
11. Section 26 amended (Possession and use of firearm under
licence)
12. Section 28 amended (Applications for licences)
13. Section 29 amended (General restrictions on granting licence)
14. Section 29A inserted
29A. Restriction on granting firearms dealer licence
15. Section 33 substituted
[Bill 20]-III
33. Restrictions on granting Category H firearms licence
16. Section 42 amended (Requirements relating to animal welfare)
17. Section 47 amended (Special conditions of certain licence)
18. Section 48 amended (Compliance with conditions of licence)
19. Section 51 amended (Cancellation of licence)
20. Section 53 amended (Suspension of licence)
21. Section 54 amended (Surrender of licence and firearm)
22. Section 60 amended (General restrictions on granting permits)
23. Section 65 amended (Period of permit)
24. Section 84 substituted
84. General requirements
25. Section 93A inserted
93A. Business management declarations
26. Section 96A inserted
96A. Employment restrictions, &c.
27. Section 99A inserted
99A. Licence to be cancelled in certain circumstances
28. Section 104 substituted
104. Conveying firearms and ammunition
29. Section 105 amended (Sale and possession of ammunition)
30. Section 108 amended (Inspection of firearms)
31. Part 7, Division 2A inserted
Division 2A Trafficking
110A. Unlawful trafficking in firearms
110B. Extra-territorial application of anti-trafficking
provisions
32. Section 111 amended (Possession of loaded firearm in public
place)
33. Section 113 amended (Recklessly discharging firearm)
34. Section 118 amended (Silencers and magazines)
35. Section 120A inserted
120A. Conspiracy to commit firearms offence in other
jurisdiction
36. Section 123 amended (Misuse of licences and permits)
2
37. Section 124 amended (Defacing or altering identification marks)
38. Section 125 amended (Altering or falsifying records)
39. Section 126 amended (False or misleading statements)
40. Section 133A inserted
133A. Interpretation of Part
41. Section 137 amended (Dangerous situations)
42. Section 146 repealed
43. Section 147 amended (Inherited firearms)
44. Section 149 amended (Disposal of surrendered or seized
firearms)
45. Section 155 amended (Exemptions)
46. Section 161 amended (Regulations relating to specific matters)
PART 3 FIREARMS ACT 1996 FURTHER AMENDED
47. Principal Act
48. Section 3 amended (Interpretation)
49. Section 11 amended (Dealing in firearms)
50. Section 13A inserted
13A. Possession of ex-military firearms and light
ordnance
51. Section 18 amended (Category H firearms licence)
52. Section 19A inserted
19A. Firearms dealer employee licence
53. Section 21A inserted
21A. Militaria firearms licence
54. Section 87A inserted
87A. Militaria firearms licence requirements
55. Section 88 amended (Seizure of firearms if storage requirements
not met)
56. Section 105 amended (Sale and possession of ammunition)
PART 4 POLICE OFFENCES ACT 1935 AMENDED
57. Principal Act
58. Section 3 amended (Interpretation)
59. Section 14B amended (Unlawful entry on land)
3
60. Section 37JA inserted
37JA. Use of spotlights on vehicles on public streets
61. Section 37K amended (Interpretation of Division)
62. Section 68 inserted
68. Procedure for seized firearms
PART 5 FIREARMS REGULATIONS 2006 AMENDED
63. Principal Regulations
64. Regulation 3A inserted
3A. Prescribed firearms
65. Regulation 11A inserted
11A. Loss and replacement of licences and permits
66. Regulation 12 amended (Safety requirements for conveying
prohibited firearms)
67. Regulation 12A inserted
12A. Safety requirements for conveying other firearms
68. Regulation 15 amended (Fees)
69. Schedule 1 amended (Fees)
PART 6 FURTHER AMENDMENT, &C., OF FIREARMS
REGULATIONS 2006
70. Further amendment, &c., of Firearms Regulations 2006
4
FIREARMS AMENDMENT BILL 2007
(Brought in by the Minister for Police and Emergency
Management, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Firearms Act 1996 and certain
regulations under that Act and to make related
amendments to the Police Offences Act 1935
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Firearms
Amendment Act 2007.
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) The provisions of Part 3 commence on a day or
days to be proclaimed.
[Bill 20] 5
Firearms Amendment Act 2007
Act No. of
s. 3 Part 2 Firearms Act 1996 Amended
PART 2 FIREARMS ACT 1996 AMENDED
3. Principal Act
In this Part, the Firearms Act 1996* is referred
to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "dealings record":
"employment", with a firearms
dealer, includes engagement
under a contract for services;
(b) by inserting the following definition after
the definition of "licensee":
"light ordnance" means
(a) a bazooka, rocket
launcher or prescribed
weapon that, although not
a firearm within the
meaning of this Act, is
designed to be capable
of
*No. 23 of 1996
6
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 4
(i) being carried and
used manually;
and
(ii) firing a projectile
by non-explosive
means such as a
propellant; and
(b) a shell, rocket or other
projectile that
(i) is designed to be
fired by a weapon
referred to in
paragraph (a); and
(ii) has not been
permanently
rendered inert;
(c) by omitting paragraph (b) from the
definition of "pistol" and substituting the
following paragraph:
(b) has an overall length not
exceeding 65cm;
(d) by inserting the following definition after
the definition of "police family violence
order":
"police officer" means a member of
the Police Service established
under section 4 of the Police
Service Act 2003;
7
Firearms Amendment Act 2007
Act No. of
s. 5 Part 2 Firearms Act 1996 Amended
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. Meaning of "close associate" of firearms
dealer
(1) For the purposes of this Act, a person is
taken to be a close associate of the holder
of or an applicant for a firearms dealer
licence if the person (either in his or her
own right or on behalf of any other
person)
(a) holds or will hold a relevant
financial interest or relevant
position in the business that is or
is proposed to be carried on under
the licence and, by virtue of that
interest or position, is or will be
able to exercise a significant
influence over that business; or
(b) is entitled to exercise a relevant
power over the conduct of the
business that is or is proposed to
be carried on under the licence.
(2) In this section
"relevant financial interest", in a
business, means an interest in the
capital or assets of the business or
an entitlement to receive, in any
capacity, any income from the
business;
8
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 6
"relevant position", in a business,
means a position whose occupant
participates in the management of
the business;
"relevant power", over the conduct of
a business, means a power
(however exercisable) to
participate in any managerial or
executive decision or to elect or
appoint any person to a relevant
position.
6. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Possession of firearms
For the purposes of this Act
(a) if a person knowingly has a
firearm in the custody of another
person, the first-mentioned
person is still taken to possess the
firearm; and
(b) if 2 or more persons possess parts
of a firearm, each of them is
taken to possess the firearm.
9
Firearms Amendment Act 2007
Act No. of
s. 7 Part 2 Firearms Act 1996 Amended
7. Section 6 amended (Application of Act)
Section 6 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) ", other
than a junior constable or trainee," after
"officer";
(b) by omitting from subsection (1)(b)(iii)
"that" and substituting "the";
(c) by omitting from subsection (1)(b)(iv)
"incidents." and substituting "incidents;
or";
(d) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) a junior constable or trainee
possessing or using a firearm in
accordance with subsection (3)
while acting in the ordinary
course of the junior constable's or
trainee's duties.
(e) by inserting in subsection (2) ", other
than a junior constable or trainee," after
"officer";
(f) by inserting the following subsections
after subsection (2):
(3) A junior constable or trainee
possessing or using a firearm
under subsection (1)
10
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 8
(a) must not consume
intoxicating liquor or be
under the influence of
alcohol or any other drug;
and
(b) must not be present at any
place where liquor is
being consumed except in
the ordinary course of the
junior constable's or
trainee's duties.
(4) In this section
"junior constable" means a
junior constable as
defined in the Police
Service Act 2003;
"trainee" means a trainee as
defined in the Police
Service Act 2003.
8. Section 11 amended (Dealing in firearms)
Section 11 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A person is guilty of an indictable
offence punishable under the Criminal
Code if the person deals in firearms
without holding a firearms dealer licence.
11
Firearms Amendment Act 2007
Act No. of
s. 9 Part 2 Firearms Act 1996 Amended
9. Section 16 amended (Category C firearms licence)
Section 16(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "of
ammunition" after "rounds";
(b) by inserting in paragraph (b) "of
ammunition" after "rounds";
(c) by inserting in paragraph (c) "of
ammunition" after "rounds".
10. Section 17 amended (Category D firearms licence)
Section 17(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (b) "of
ammunition" after "rounds";
(b) by inserting in paragraph (c) "of
ammunition" after "rounds";
(c) by inserting in paragraph (d) "of
ammunition" after "rounds".
11. Section 26 amended (Possession and use of firearm
under licence)
Section 26 of the Principal Act is amended as
follows:
12
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 11
(a) by omitting "The" and substituting "(1)
The";
(b) by inserting the following subsections:
(2) However, it is not an offence
under subsection (1) for the
holder of an active non-sporting
firearms licence to possess and
use a firearm specified in the
licence at an approved range if
(a) the firearm is used only
for orientation purposes;
and
(b) the holder of the licence
has the permission of the
club or person in charge
of the range; and
(c) the holder of the licence is
not entered or engaged in
any kind of shooting
competition at the range;
and
(d) the person has not used
that firearm, for
orientation purposes, at
any range on more than 3
occasions in the 6-month
period immediately
preceding the day on
which the person is
attending the range.
13
Firearms Amendment Act 2007
Act No. of
s. 11 Part 2 Firearms Act 1996 Amended
(3) In this section
"active non-sporting
firearms licence" means
a firearms licence that
(a) authorises its
holder to use a
firearm; and
(b) does not specify,
as a purpose for
which that firearm
may be used,
range shooting,
sport shooting or
target shooting;
"orientation purposes", in
relation to a firearm,
means any or any
combination of the
following:
(a) sighting the
firearm;
(b) testing the firearm
or its components
or ammunition;
(c) acquiring
familiarity with
the firearm;
14
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 12
(d) acquiring greater
proficiency in the
use of the firearm;
"range" includes shooting
gallery.
12. Section 28 amended (Applications for licences)
Section 28(2) of the Principal Act is amended by
inserting after paragraph (ca) the following
paragraph:
(cb) in the case of an application for a
firearms dealer licence, contain the name
and address of each person who is a close
associate of the applicant and particulars
of the nature of that close association;
and
13. Section 29 amended (General restrictions on
granting licence)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "old"
and substituting "of age";
(b) by omitting from subsection (2)(e)
"continuous" and substituting
"reasonable";
15
Firearms Amendment Act 2007
Act No. of
s. 13 Part 2 Firearms Act 1996 Amended
(c) by omitting paragraph (f) from
subsection (2) and substituting the
following paragraph:
(f) whether the person is subject to a
restraint order, interim restraint
order, family violence order,
interim family violence order or
police family violence order or
has, at any time in the 5-year
period immediately before
lodging the application, been
subject to such an order;
(d) by omitting from subsection (2)(g) "that"
and substituting "whether";
(e) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) is subject to a firearms
prohibition order, or one or more
of the following in relation to
personal injury:
(i) a restraint order;
(ii) an interim restraint order;
(iii) a family violence order;
(iv) an interim family violence
order;
(v) a police family violence
order; or
16
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 14
14. Section 29A inserted
After section 29 of the Principal Act, the
following section is inserted in Division 5:
29A. Restriction on granting firearms dealer
licence
(1) The Commissioner must not grant an
application for a firearms dealer licence
unless the Commissioner is satisfied
that
(a) the applicant will have primary
responsibility for the
management of the business
proposed to be carried on under
the licence; and
(b) the applicant's close associates, if
any, are fit and proper persons to
be close associates of a firearms
dealer.
(2) In deciding whether a person is a fit and
proper person to be a close associate of a
firearms dealer, the Commissioner may,
as regards that person, take into account
any of the matters that are to be taken
into account under section 29(2) in
respect of an applicant for a licence.
15. Section 33 substituted
Section 33 of the Principal Act is repealed and
the following section is substituted:
17
Firearms Amendment Act 2007
Act No. of
s. 15 Part 2 Firearms Act 1996 Amended
33. Restrictions on granting Category H
firearms licence
(1) The Commissioner must not grant an
application for a Category H firearms
licence unless the Commissioner is
satisfied that
(a) the applicant has one of the
following genuine reasons for
applying for the licence:
(i) sport or target shooting;
(ii) business or employment;
(iii) firearms collection;
(iv) security industry work;
and
(b) the person needs to possess or use
a firearm of the category to which
the application relates in
connection with that genuine
reason.
(2) In this section
"security industry work" does not
include the close personal
protection of other persons.
18
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 16
16. Section 42 amended (Requirements relating to
animal welfare)
Section 42 of the Principal Act is amended by
omitting paragraphs (c) and (d) and substituting
the following paragraphs:
(c) an inspector under the Animal Health Act
1995; or
(d) an inspector or officer under the Animal
Welfare Act 1993; or
(e) an authorised person under the Dog
Control Act 2000; or
(f) an authorised officer under the Nature
Conservation Act 2002; or
(g) a prescribed person.
17. Section 47 amended (Special conditions of certain
licence)
Section 47(1)(a)(ii) of the Principal Act is
amended by omitting "if it is not practicable to
comply with subparagraph (i),".
18. Section 48 amended (Compliance with conditions of
licence)
Section 48 of the Principal Act is amended by
omitting "any condition specified in" and
substituting "the conditions of".
19
Firearms Amendment Act 2007
Act No. of
s. 19 Part 2 Firearms Act 1996 Amended
19. Section 51 amended (Cancellation of licence)
Section 51 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
police family violence order";
(b) by omitting from subsection (2)(f) "of
the opinion" and substituting "satisfied";
(c) by inserting the following paragraph after
paragraph (f) in subsection (2):
(fa) if, in the case of a firearms dealer
licence, the Commissioner is
satisfied that
(i) the holder does not have
primary responsibility for
the management of the
business carried on under
the licence; or
(ii) the holder has a close
associate who is not a fit
and proper person to be a
close associate of a
firearms dealer; or
(d) by inserting the following subsection
after subsection (3):
(3A) In deciding, under subsection (2),
whether a person is a fit and
proper person in any respect, the
Commissioner may, as regards
20
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 20
that person, take into account any
of the matters that are to be taken
into account under section 29(2)
in respect of an applicant for a
licence.
20. Section 53 amended (Suspension of licence)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or an
interim family violence order" and
substituting ", interim family violence
order or police family violence order";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) Unless sooner revoked by the
Commissioner, the suspension of
the licence has effect
(a) if the suspension is
imposed consequent on an
interim restraint order or
interim family violence
order, for the duration of
that order or such lesser
period as a court may
determine; or
(b) in any other case, for such
period not exceeding 6
months as the
21
Firearms Amendment Act 2007
Act No. of
s. 21 Part 2 Firearms Act 1996 Amended
Commissioner specifies in
the notice under
subsection (1).
(c) by omitting from subsection (3) "a" and
substituting "the".
21. Section 54 amended (Surrender of licence and
firearm)
Section 54 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) In this section
"firearm" includes a weapon of the
kind referred to in paragraph (a)
of the definition of "light
ordnance" in section 3.
22. Section 60 amended (General restrictions on
granting permits)
Section 60 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) In deciding whether the applicant is a fit
and proper person, the Commissioner
may, as regards the applicant, take into
account any of the matters that are to be
taken into account under section 29(2) in
respect of an applicant for a licence.
22
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 23
23. Section 65 amended (Period of permit)
Section 65(a) of the Principal Act is amended by
omitting "14" and substituting "90".
24. Section 84 substituted
Section 84 of the Principal Act is repealed and
the following section is substituted:
84. General requirements
(1) A person in possession of a firearm must
take all reasonable precautions to ensure
that the firearm is kept safely.
(2) A person in possession of a firearm must
take all reasonable precautions to ensure
that the firearm is not stolen or lost.
(3) A person in possession of a firearm must
take all reasonable precautions to ensure
that the firearm does not come into the
possession of a person who is not
authorised to possess it.
Penalty: In the case of
(a) a prohibited firearm, a
fine not exceeding 50
penalty units or
imprisonment for a term
not exceeding 2 years, or
both; or
23
Firearms Amendment Act 2007
Act No. of
s. 25 Part 2 Firearms Act 1996 Amended
(b) any other firearm, a fine
not exceeding 20 penalty
units or imprisonment for
a term not exceeding 12
months, or both.
25. Section 93A inserted
After section 93 of the Principal Act, the
following section is inserted in Division 1:
93A. Business management declarations
(1) The Commissioner may serve a licensed
firearms dealer with a notice requiring
the licensed firearms dealer to provide
the Commissioner with a business
management declaration.
(2) The licensed firearms dealer must
comply with the notice within 14 days
after it is served.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(3) In this section
"business management declaration"
is a declaration by a licensed
firearms dealer, signed before a
justice, that
(a) states who, at the time of
signing, has primary
24
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 25
responsibility for the
management of the
business carried on under
the licence; and
(b) does whichever of the
following applies to the
licensee at the time of
signing:
(i) states the name
and address of
each of the
licensee's close
associates and
explains, in each
case, the precise
nature of their
association with
the licensee;
(ii) states that, since
the licence was
issued or, as the
case may be, the
licensee last
provided a
business
management
declaration for the
licence, there has
been no change
regarding the
licensee's close
associates (either
as to number,
25
Firearms Amendment Act 2007
Act No. of
s. 26 Part 2 Firearms Act 1996 Amended
name, address or
nature of
association).
26. Section 96A inserted
After section 96 of the Principal Act, the
following section is inserted in Division 2:
96A. Employment restrictions, &c.
(1) The holder of a firearms dealer licence
must not employ a proscribed person in a
job that gives the proscribed person
access to any firearms or ammunition
dealt with under the licence.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) A proscribed person must not apply for
or accept employment that gives the
proscribed person access to any firearms
or ammunition dealt with under a
firearms dealer licence.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(3) The holder of a firearms dealer licence
must not cause or allow a proscribed
person to
26
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 26
(a) act as an agent for the business
carried on under the licence; or
(b) participate in the management of
the business carried on under the
licence.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) A proscribed person must not
(a) act as an agent for a business
carried on under a firearms dealer
licence; or
(b) participate in the management of
the business carried on under a
firearms dealer licence.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(5) It is a defence in proceedings for an
offence under subsection (1) or (3) if the
defendant establishes that, on the day of
the alleged offence, he or she did not
know, and could not reasonably have
been expected to know, that the person to
whom the alleged offence relates was a
proscribed person.
(6) For the purposes of this section, a person
is taken to be a proscribed person on a
particular day if the person
27
Firearms Amendment Act 2007
Act No. of
s. 26 Part 2 Firearms Act 1996 Amended
(a) has, in the 10-year period
immediately preceding that day,
had a firearms dealer licence
cancelled; or
(b) has, in the 10-year period
immediately preceding that day,
had an application for a licence or
permit under this Act refused on
the grounds that
(i) the person was not
considered a fit and
proper person to be issued
with the licence or permit;
or
(ii) the person was not
considered a fit and
proper person to be
trusted with possession of
firearms; or
(iii) the issue of the licence or
permit would be contrary
to the public interest; or
(c) is subject to an interim restraint
order or interim family violence
order or a similar interim order in
force under a law of another
jurisdiction; or
(d) is subject to a restraint order,
family violence order or police
family violence order or a similar
28
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 27
order in force under a law of
another jurisdiction; or
(e) is subject, either in this State or
elsewhere, to a good behaviour
bond relating to an offence of or
involving violence; or
(f) is subject to a firearm prohibition
order.
27. Section 99A inserted
After section 99 of the Principal Act, the
following section is inserted in Division 2:
99A. Licence to be cancelled in certain
circumstances
(1) The Commissioner must cancel a
firearms dealer licence if the
Commissioner is satisfied that
(a) the licensee does not have
primary responsibility for the
management of the business
carried on under the licence (in
this section referred to as "the
firearms business"); or
(b) the licensee has a close associate
who is not a fit and proper person
to be a close associate of a
firearms dealer.
29
Firearms Amendment Act 2007
Act No. of
s. 28 Part 2 Firearms Act 1996 Amended
(2) In deciding whether a person is a fit and
proper person to be a close associate of a
firearms dealer, the Commissioner may,
as regards that person, take into account
any of the matters that are to be taken
into account under section 29(2) in
respect of an applicant for a licence.
28. Section 104 substituted
Section 104 of the Principal Act is repealed and
the following section is substituted:
104. Conveying firearms and ammunition
(1) A person who conveys a firearm or any
ammunition must comply with the
prescribed safety requirements.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months.
(2) It is a defence in proceedings for an
offence under subsection (1) if the
defendant establishes that, at the relevant
time, the relevant firearm or ammunition
was being conveyed
(a) in connection with the
defendant's employment or
livelihood; and
(b) no further than reasonably
necessary in the circumstances.
30
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 29
(3) A court that convicts a person of an
offence under subsection (1) in respect of
any firearm or ammunition may, in
addition to any other penalty it may
impose, order that the firearm or
ammunition is forfeited to the Crown.
(4) Any firearm or ammunition forfeited to
the Crown pursuant to subsection (3) is
to be disposed of as the Minister
determines.
29. Section 105 amended (Sale and possession of
ammunition)
Section 105(1) of the Principal Act is amended
by omitting paragraph (b) and substituting the
following paragraphs:
(b) the person selling or supplying the
ammunition has seen the licence or
authority of the other person; and
(c) the person selling or supplying the
ammunition is
(i) a firearms dealer; or
(ii) an employee of a firearms dealer;
or
(iii) authorised by the Commissioner
in writing to sell or supply the
ammunition.
31
Firearms Amendment Act 2007
Act No. of
s. 30 Part 2 Firearms Act 1996 Amended
30. Section 108 amended (Inspection of firearms)
The penalty under section 108(1) of the Principal
Act is amended by omitting "20" and
substituting "50".
31. Part 7, Division 2A inserted
After section 110 of the Principal Act, the
following Division is inserted in Part 7:
Division 2A Trafficking
110A. Unlawful trafficking in firearms
(1) A person is guilty of an indictable
offence punishable under the Criminal
Code if the person traffics in firearms
without lawful excuse.
(2) For the purposes of subsection (1), a
person is taken to traffic in firearms
without lawful excuse if
(a) the firearms are registrable
firearms; and
(b) the firearms are not registered or
the person is not the registrant of
the firearms; and
(c) on one or more occasions, the
person carries out one or more of
the following activities:
32
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 31
(i) sells or otherwise
disposes of the firearms to
any other person (whether
or not that other person is
in Tasmania);
(ii) receives or delivers the
firearms from or to any
other person (whether or
not that other person is in
Tasmania);
(iii) modifies, prepares or
packs the firearms for sale
or delivery to any other
person (whether or not
that other person is in
Tasmania);
(iv) conveys the firearms from
one place to another;
(v) has possession of, or
conceals, the firearms for
or in connection with an
activity referred to in
subparagraph (i), (ii), (iii)
or (iv).
(3) Without restricting the generality of the
expression "possession", a person is
taken to be in possession of a firearm for
the purposes of this section so long as it
is on any premises owned or occupied by
the person, unless the person proves that
33
Firearms Amendment Act 2007
Act No. of
s. 31 Part 2 Firearms Act 1996 Amended
he or she had no knowledge of the
firearm being on those premises.
(4) In this section
"premises" includes
(a) an area of land, whether
built on or enclosed; and
(b) a building or a part of a
building, whether
permanent or temporary;
and
(c) a structure or a part of a
structure, whether
permanent or temporary;
and
(d) a vehicle;
"registrable firearms" means
firearms that, by virtue of
section 74(1), a person must not
sell, acquire, possess or use
unless they are registered;
"vehicle" means any thing capable of
transporting people, objects or
materials by air, road, rail or
water, regardless of how the thing
is moved or propelled.
34
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 31
110B. Extra-territorial application of anti-
trafficking provisions
(1) If
(a) a person carries out an activity
referred to in section 110A(2)(c)
outside, or partly outside,
Tasmania; and
(b) there is a real and substantial link
between the activity and
Tasmania
section 110A applies to the activity as if
it had been carried out wholly within
Tasmania.
(2) For the purposes of subsection (1), there
is a real and substantial link between an
activity and Tasmania if
(a) a significant part of the conduct
relating to, or constituting, the
carrying out of the activity occurs
in Tasmania; or
(b) where the activity is carried out
wholly or partly outside
Tasmania, substantial harmful
effects arise in Tasmania.
35
Firearms Amendment Act 2007
Act No. of
s. 32 Part 2 Firearms Act 1996 Amended
32. Section 111 amended (Possession of loaded firearm
in public place)
Section 111 of the Principal Act is amended as
follows:
(a) by omitting the penalty from subsection
(1) and substituting the following
penalty:
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 years, or both.
(b) by omitting the penalty from subsection
(2) and substituting the following
penalty:
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 years, or both.
(c) by inserting in subsection (3) "of
ammunition" after "round".
33. Section 113 amended (Recklessly discharging
firearm)
Section 113 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) However, subsection (2) does not apply
to a police officer or animal welfare
officer who, acting responsibly in the
course of his or her employment,
36
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 34
discharges a tranquiliser gun or other
firearm within 250 metres of a dwelling
house in order to
(a) avert or control a threat to life or
property posed by a dangerous,
injured, diseased or potentially
diseased animal; or
(b) end the suffering of an injured or
diseased animal.
(4) In this section
"animal welfare officer" means a
person referred to in any
paragraph of section 42.
34. Section 118 amended (Silencers and magazines)
Section 118 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"magazine" and substituting "firearms
magazine";
(b) by omitting from subsection (2)(a)
"rounds" and substituting "rounds of
ammunition";
(c) by inserting the following subsection
after subsection (2):
37
Firearms Amendment Act 2007
Act No. of
s. 35 Part 2 Firearms Act 1996 Amended
(3) A person must not possess a
detachable firearms magazine
that is
(a) capable of holding more
than 10 rounds of
ammunition and being
used in a pump-action
centre-fire rifle; or
(b) capable of holding more
than 10 rounds of
ammunition and being
used in a lever-action
centre-fire rifle; or
(c) capable of holding more
than 15 rounds of
ammunition and being
used in a bolt-action
centre-fire rifle.
Penalty: Fine not exceeding 50
penalty units or
imprisonment for a term
not exceeding 2 years, or
both.
35. Section 120A inserted
After section 120 of the Principal Act, the
following section is inserted in Division 3:
38
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 35
120A. Conspiracy to commit firearms offence in
other jurisdiction
(1) A person is guilty of an indictable
offence punishable under the Criminal
Code if, in Tasmania, the person
conspires with another person, wherever
located, to commit an offence against a
foreign firearms law.
(2) A person is guilty of an indictable
offence punishable under the Criminal
Code if, by doing any act or making any
omission in Tasmania, the person
(a) instigates another person,
wherever located, to commit an
offence against a foreign firearms
law; or
(b) enables or aids another person,
wherever located, to commit an
offence against a foreign firearms
law; or
(c) abets another person, wherever
located, in committing an offence
against a foreign firearms law.
(3) In this section
"foreign firearms law" means a law,
of a jurisdiction outside
Tasmania, that provides for the
regulation, registration or control
of firearms or like weapons.
39
Firearms Amendment Act 2007
Act No. of
s. 36 Part 2 Firearms Act 1996 Amended
36. Section 123 amended (Misuse of licences and
permits)
Section 123 of the Principal Act is amended by
omitting the penalty and substituting the
following penalty:
Penalty: Fine not exceeding 100 penalty units or
imprisonment for a term not exceeding 3
years, or both.
37. Section 124 amended (Defacing or altering
identification marks)
Section 124 of the Principal Act is amended as
follows:
(a) by inserting ", either intentionally or
recklessly," after "must not";
(b) by omitting the penalty and substituting
the following penalty:
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 years, or both.
38. Section 125 amended (Altering or falsifying
records)
Section 125 of the Principal Act is amended by
omitting the penalty and substituting the
following penalty:
40
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 39
Penalty: Fine not exceeding 100 penalty units or
imprisonment for a term not exceeding 3
years, or both.
39. Section 126 amended (False or misleading
statements)
Section 126 of the Principal Act is amended by
omitting the penalty and substituting the
following penalty:
Penalty: Fine not exceeding 100 penalty units or
imprisonment for a term not exceeding 3
years, or both.
40. Section 133A inserted
Before section 134 of the Principal Act, the
following section is inserted in Part 9:
133A. Interpretation of Part
In this Part
"ammunition" includes a projectile
falling within paragraph (b) of the
definition of "light ordnance" in
section 3;
"firearm" includes a weapon falling
within paragraph (a) of the
definition of "light ordnance" in
section 3.
41
Firearms Amendment Act 2007
Act No. of
s. 41 Part 2 Firearms Act 1996 Amended
41. Section 137 amended (Dangerous situations)
Section 137(c) of the Principal Act is amended
by omitting "and detain".
42. Section 146 repealed
Section 146 of the Principal Act is repealed.
43. Section 147 amended (Inherited firearms)
Section 147 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) if it is a registered firearm,
deliver it up to
(i) the Commissioner; or
(ii) a person (in this section
referred to as "the
keeper") who holds a
firearms licence of the
category appropriate to
that firearm; or
(b) by inserting in subsection (2) "or keeper"
after "subsection (1), the Commissioner";
(c) by inserting in subsection (2)(b) "or
keeper" after "Commissioner";
42
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 43
(d) by inserting in subsection (3) "or keeper"
after "before the Commissioner";
(e) by inserting in subsection (3) "or keeper"
after "requests the Commissioner";
(f) by inserting in subsection (4) "or keeper"
after "If the Commissioner";
(g) by inserting in subsection (4) "or keeper"
after "subsection (3), the Commissioner";
(h) by inserting in subsection (5) "or keeper"
after "Unless the Commissioner";
(i) by inserting in subsection (5) "or keeper"
after "subsection (3), the Commissioner";
(j) by inserting the following subsection
after subsection (6):
(7) A person, other than the
Commissioner, who takes
delivery of a firearm pursuant to
subsection (1) must comply with
his or her obligations under this
section as the keeper of that
firearm.
Penalty: Fine not exceeding 25
penalty units.
43
Firearms Amendment Act 2007
Act No. of
s. 44 Part 2 Firearms Act 1996 Amended
44. Section 149 amended (Disposal of surrendered or
seized firearms)
Section 149 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "or
ammunition" after "that the firearm";
(b) by inserting in subsection (2)(b) "or
ammunition" after "firearm";
(c) by omitting subsection (3) and
substituting the following subsections:
(3) If a person is convicted of an
offence under Part 5 in respect of
which any firearm or ammunition
has been seized under section 88,
the court, in addition to imposing
any other penalty, may order that
the seized firearm or ammunition
is forfeited to the Crown.
(3A) Any firearm or ammunition
forfeited to the Crown under
subsection (3) is to be disposed of
as the Minister determines.
(d) by omitting subsection (4);
(e) by inserting in subsection (5) "or
ammunition" after "firearms";
(f) by inserting the following subsection
after subsection (6):
(7) In this section
44
Firearms Amendment Act 2007
Act No. of
Part 2 Firearms Act 1996 Amended s. 45
"ammunition" includes a
projectile falling within
paragraph (b) of the
definition of "light
ordnance" in section 3;
"firearm" includes a weapon
falling within
paragraph (a) of the
definition of "light
ordnance" in section 3.
45. Section 155 amended (Exemptions)
Section 155 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsection:
(4) The Commissioner, subject to any
specified condition, may exempt a person
or class of persons from a provision of
this Act relating to the possession or use
of any or any combination of the
following:
(a) any ammunition;
(b) a firearm;
(c) a firearms magazine;
(d) a firearm sound suppressor.
45
Firearms Amendment Act 2007
Act No. of
s. 46 Part 2 Firearms Act 1996 Amended
46. Section 161 amended (Regulations relating to
specific matters)
Section 161 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "Act."
and substituting "Act, including fee
exemptions, concessions, waivers and
refunds (full or partial); and";
(b) by inserting the following paragraph after
paragraph (b):
(c) the replacement of licences and
permits that are stolen, lost,
destroyed or damaged.
46
Firearms Amendment Act 2007
Act No. of
Part 3 Firearms Act 1996 Further Amended s. 47
PART 3 FIREARMS ACT 1996 FURTHER AMENDED
47. Principal Act
In this Part, the Firearms Act 1996* is referred
to as the Principal Act.
48. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "employment":
"ex-military" means originally
designed or intended for, but
never in or no longer in, military
use;
(b) by inserting the following definition after
the definition of "firearms dealer":
"firearms dealer employee licence"
means a licence referred to in
section 19A;
(c) by inserting the following definition after
the definition of "light ordnance":
"militaria firearms licence" means a
licence referred to in section 21A;
*No. 23 of 1996
47
Firearms Amendment Act 2007
Act No. of
s. 49 Part 3 Firearms Act 1996 Further Amended
49. Section 11 amended (Dealing in firearms)
Section 11 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) A person employed by a firearms dealer
must not manually handle a firearm in
the course of that employment unless the
person holds
(a) a firearms licence of the
appropriate category as specified
in Division 2 in respect of that
firearm; or
(b) a firearms dealer employee
licence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) A person is to apply for a firearms dealer
employee licence in accordance with
Division 5.
50. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Division 1:
48
Firearms Amendment Act 2007
Act No. of
Part 3 Firearms Act 1996 Further Amended s. 51
13A. Possession of ex-military firearms and light
ordnance
(1) A person must not possess an ex-military
firearm or ex-military light ordnance
unless the person is the holder of a
militaria firearms licence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) However, a person does not commit an
offence under subsection (1) in respect of
an ex-military firearm if the person is
authorised to possess the firearm under a
firearm heirlooms licence, firearms
museum licence or other kind of firearms
licence.
(3) A person is to apply for a militaria
firearms licence in accordance with
Division 5.
51. Section 18 amended (Category H firearms licence)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3)(e) "of
ammunition" after "rounds";
(b) by inserting the following subsection
after subsection (4):
49
Firearms Amendment Act 2007
Act No. of
s. 52 Part 3 Firearms Act 1996 Further Amended
(5) A category H firearms licence for
use in the security industry
authorises the holder to possess
(a) a registered pistol that
(i) does not exceed
.38 inch calibre or
9 millimetre
calibre; and
(ii) is owned by, and
has as its
registrant, the
holder's employer;
and
(b) factory-manufactured or
factory-loaded
ammunition for a
registered pistol of the
kind referred to in
paragraph (a).
52. Section 19A inserted
After section 19 of the Principal Act, the
following section is inserted in Division 3:
19A. Firearms dealer employee licence
A firearms dealer employee licence
authorises the holder to handle manually,
in the course of his or her employment
with the holder of a firearms dealer
50
Firearms Amendment Act 2007
Act No. of
Part 3 Firearms Act 1996 Further Amended s. 53
licence and at the premises specified in
the firearms dealer licence
(a) firearms of a category specified
in the firearms dealer licence; and
(b) ammunition for such firearms.
53. Section 21A inserted
After section 21 of the Principal Act, the
following section is inserted in Division 3:
21A. Militaria firearms licence
A militaria firearms licence authorises
the holder to possess and display ex-
military firearms and ex-military light
ordnance.
54. Section 87A inserted
After section 87 of the Principal Act, the
following section is inserted in Part 5:
87A. Militaria firearms licence requirements
(1) The holder of a militaria firearms licence
must comply with the following
requirements in respect of the
safekeeping, on premises, of any firearm
to which the licence applies:
(a) the premises are to be in a
structurally sound condition;
51
Firearms Amendment Act 2007
Act No. of
s. 54 Part 3 Firearms Act 1996 Further Amended
(b) all doors and windows, skylights
and other covers on the premises
are to be capable of being secured
against unlawful entry;
(c) all reasonable steps are to be
taken to secure the premises from
unlawful entry;
(d) the firearm is to have been
rendered incapable of discharging
ammunition, either permanently
or temporarily;
(e) the ammunition, if any, is to have
been rendered permanently inert;
(f) when on display, the firearms are
to be secured to a wall or secure
free-standing rack, or placed in a
secure display case;
(g) any prescribed safekeeping
requirement.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) Subsection (1) does not apply to a
licensee if the licensee satisfies the
Commissioner that the licensee has
provided alternative arrangements for the
safekeeping of firearms in the licensee's
possession that are of a standard not less
than the requirements specified in this
section.
52
Firearms Amendment Act 2007
Act No. of
Part 3 Firearms Act 1996 Further Amended s. 55
(3) In this section
"ammunition" includes a projectile
falling within paragraph (b) of the
definition of "light ordnance" in
section 3;
"firearm" includes a weapon falling
within paragraph (a) of the
definition of "light ordnance" in
section 3.
55. Section 88 amended (Seizure of firearms if storage
requirements not met)
Section 88 of the Principal Act is amended by
omitting "firearm or ammunition" and
substituting "firearm, ammunition or light
ordnance".
56. Section 105 amended (Sale and possession of
ammunition)
Section 105 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) A person employed by a firearms dealer
must not manually handle ammunition
for a firearm in the course of that
employment unless the person holds
(a) a firearms licence of the
appropriate category as specified
53
Firearms Amendment Act 2007
Act No. of
s. 56 Part 3 Firearms Act 1996 Further Amended
in Division 2 of Part 2 in respect
of that firearm; or
(b) a firearms dealer employee
licence.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
54
Firearms Amendment Act 2007
Act No. of
Part 4 Police Offences Act 1935 Amended s. 57
PART 4 POLICE OFFENCES ACT 1935 AMENDED
57. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
58. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from the
definition of "dangerous article" and
substituting the following paragraph:
(a) any weapon other than a firearm;
and
(b) by inserting the following definition after
the definition of "family violence order":
"firearm" means a firearm within the
meaning of the Firearms Act
1996;
59. Section 14B amended (Unlawful entry on land)
Section 14B of the Principal Act is amended as
follows:
*No. 44 of 1935
55
Firearms Amendment Act 2007
Act No. of
s. 59 Part 4 Police Offences Act 1935 Amended
(a) by omitting from subsection (2) "penalty
not exceeding" and substituting "penalty
of";
(b) by omitting from subsection (2)(a) "10
penalty units or to" and substituting "a
fine not exceeding 10 penalty units or";
(c) by omitting from subsection (2)(b) "5
penalty units or to" and substituting "5
penalty units or";
(d) by inserting the following subsections
after subsection (2):
(2A) However, if the court that
convicts a person of an offence
under this section is satisfied that
the person
(a) was in possession of a
firearm during the actual
commission of the
offence; or
(b) made any use of an
aircraft, vehicle or vessel
during the actual
commission of the
offence
the person is liable to a penalty
not exceeding twice that provided
for by subsection (2).
(2B) If subsection (2A)(a) applies to
the convicted person, the court
56
Firearms Amendment Act 2007
Act No. of
Part 4 Police Offences Act 1935 Amended s. 60
may, in addition to any other
penalty it may impose, do either
or both of the following:
(a) order that the firearm is
forfeited to the Crown;
(b) cancel all or any of the
licences or permits that
the convicted person may
hold under the Firearms
Act 1996.
(2C) A firearm forfeited to the Crown
pursuant to subsection (2B) is to
be disposed of as the Minister
determines.
(e) by inserting the following subsections
after subsection (4):
(5) A police officer who reasonably
suspects that a person in
possession of a firearm is
committing an offence under this
section may seize that firearm.
(6) Section 68 applies if a firearm is
seized under subsection (5).
60. Section 37JA inserted
After section 37J of the Principal Act, the
following section is inserted in Division 1:
57
Firearms Amendment Act 2007
Act No. of
s. 60 Part 4 Police Offences Act 1935 Amended
37JA. Use of spotlights on vehicles on public streets
(1) A person must not, while a vehicle is on
a public street, use or allow another
person to use a lit spotlight that is affixed
to or being carried on the vehicle
unless
(a) the vehicle is stationary and the
spotlight is being used solely for
the purposes of inspecting or
repairing the vehicle or its engine,
if any; or
(b) the spotlight is being used solely
to illuminate street signs or street
numbers in order to locate an
address; or
(c) the spotlight is being used solely
for the purposes of legitimate
infrastructure work.
Penalty: Fine not exceeding 20 penalty
units.
(2) For the purposes of subsection (1), a
spotlight is to be taken as being carried
on a vehicle if the spotlight is connected
up, by any means, to a battery, generator
or other source of power being carried
on
(a) the vehicle; or
(b) another vehicle to which the first-
mentioned vehicle is connected.
58
Firearms Amendment Act 2007
Act No. of
Part 4 Police Offences Act 1935 Amended s. 60
(3) To avoid doubt, this section does not
apply to the use of lit spotlights by any of
the following persons acting in the
course of their duty:
(a) members of the Police Service;
(b) members of the Tasmanian
Ambulance Service established
under the Ambulance Service Act
1982;
(c) members of the Tasmania Fire
Service established under the Fire
Service Act 1979;
(d) members of the State Emergency
Service constituted under the
Emergency Services Act 1976;
(e) prescribed persons.
(4) In this section
"legitimate infrastructure work"
means the inspection,
maintenance and repair of traffic-
related, electricity, gas, water or
other infrastructure by or on
behalf of the entity responsible
for the maintenance and safety of
that infrastructure;
"on", a vehicle, includes inside a
vehicle;
59
Firearms Amendment Act 2007
Act No. of
s. 61 Part 4 Police Offences Act 1935 Amended
"repairing", a vehicle, includes
changing a tyre on the vehicle;
"spotlight" includes searchlight.
61. Section 37K amended (Interpretation of Division)
Section 37K of the Principal Act is amended as
follows:
(a) by omitting "In" and substituting "(1)
In";
(b) by inserting in the definition of
"prescribed offence" the following
paragraph before paragraph (a):
(aa) section 14B involving the use of a
vehicle, vessel or aircraft; or
(c) by inserting the following subsection:
(2) In the application of this Division
to the offence referred to in
paragraph (aa) of the
definition of "prescribed offence"
in subsection (1)
"vehicle" includes vessel and
aircraft.
62. Section 68 inserted
After section 67A of the Principal Act, the
following section is inserted in Part IX:
60
Firearms Amendment Act 2007
Act No. of
Part 4 Police Offences Act 1935 Amended s. 62
68. Procedure for seized firearms
(1) This section applies if
(a) a police officer reasonably
suspects that a person in
possession of a firearm is
committing an offence under
section 14B; and
(b) seizes that firearm under
section 14B(5).
(2) The Commissioner is to hold the seized
firearm in safe custody pending a
decision as to whether or not to prosecute
the person for the offence.
(3) If the Commissioner is satisfied that the
person was in lawful possession of the
firearm when it was seized, the following
provisions apply:
(a) if the person is prosecuted, the
firearm is, subject to any orders
of the court, to be held pending
the outcome of the proceedings
and may be used in evidence;
(b) if the person is prosecuted but is
not convicted, or the person is
convicted but the court does not
make an order under
section 14B(2B), the firearm is to
be
61
Firearms Amendment Act 2007
Act No. of
s. 62 Part 4 Police Offences Act 1935 Amended
(i) returned to the person at
the conclusion of the
proceedings if at that time
the firearm is registered
and the person is still
entitled to possess it; or
(ii) in any other case,
disposed of as the
Minister determines;
(c) if the person is not or can no
longer be prosecuted, the firearm
is to be
(i) returned to the person if at
the relevant time the
firearm is registered and
the person is still entitled
to possess it; or
(ii) in any other case,
disposed of as the
Minister determines;
(d) if for any reason it proves
impossible or impracticable to
return the firearm as required by
paragraph (b)(i) or
paragraph (c)(i), the firearm may
be disposed of as the Minister
determines.
(4) If the Commissioner is satisfied that the
person was not in lawful possession of
the firearm when it was seized, the
following provisions apply:
62
Firearms Amendment Act 2007
Act No. of
Part 4 Police Offences Act 1935 Amended s. 62
(a) if the person is prosecuted, the
firearm is, subject to any orders
of the court, to be held pending
the outcome of the proceedings
and may be used in evidence;
(b) if the person is prosecuted for the
offence but is not convicted, or
the person is convicted but the
court does not make an order
under section 14B(2B), the
Commissioner is to
(i) pass the firearm, if it is
registered, to any claimant
who can establish
ownership of it and an
entitlement to possess it
under the Firearms Act
1996; or
(ii) in any other case, dispose
of the firearm as the
Minister determines;
(c) if the person is not, or can no
longer be, prosecuted for the
offence, the Commissioner is to
(i) pass the firearm, if at the
relevant time it is
registered, to any claimant
who can establish
ownership of it and an
entitlement to possess it
63
Firearms Amendment Act 2007
Act No. of
s. 62 Part 4 Police Offences Act 1935 Amended
under the Firearms Act
1996; or
(ii) in any other case, dispose
of the firearm as the
Minister determines.
(5) Nothing in this section is to be taken as
derogating from the powers that a court,
police officer or other person may
lawfully exercise over the seized firearm
with regard to other offences, or crimes,
involving that firearm.
64
Firearms Amendment Act 2007
Act No. of
Part 5 Firearms Regulations 2006 Amended s. 63
PART 5 FIREARMS REGULATIONS 2006 AMENDED
63. Principal Regulations
In this Part, the Firearms Regulations 2006* are
referred to as the Principal Regulations.
64. Regulation 3A inserted
After regulation 3 of the Principal Regulations,
the following regulation is inserted:
3A. Prescribed firearms
For paragraph (f) of the definition of
"firearm" in section 3 of the Act, each of
the following is a prescribed thing:
(a) a grenade launcher;
(b) a mortar that is capable of being
carried manually by a single
person.
65. Regulation 11A inserted
After regulation 11 of the Principal Regulations,
the following regulation is inserted:
*S.R. 2006, No. 109
65
Firearms Amendment Act 2007
Act No. of
s. 66 Part 5 Firearms Regulations 2006 Amended
11A. Loss and replacement of licences and
permits
The Commissioner, on receipt of the
prescribed fee, may give the holder of a
licence or permit a replacement for that
licence or permit if the Commissioner is
satisfied that the original licence or
permit has been
(a) stolen, lost or destroyed; or
(b) damaged to a degree that renders
it unsuitable for use.
66. Regulation 12 amended (Safety requirements for
conveying prohibited firearms)
Regulation 12 of the Principal Regulations is
amended as follows:
(a) by inserting in paragraph (b)
"reasonably" after "if";
(b) by omitting paragraphs (c) and (d);
(c) by omitting from paragraph (f)
"hardwood" and substituting "timber".
67. Regulation 12A inserted
After regulation 12 of the Principal Regulations,
the following regulation is inserted:
66
Firearms Amendment Act 2007
Act No. of
Part 5 Firearms Regulations 2006 Amended s. 67
12A. Safety requirements for conveying other
firearms
The following are safety requirements for
conveying a firearm that is not a
prohibited firearm:
(a) the firearm is to be in the
unloaded condition;
(b) ammunition is to be in a closed
container, completely separate
from the firearm;
(c) magazines are not to contain any
ammunition;
(d) at least one of the following
requirements is to be met:
(i) the firearm is to be in a
locked receptacle;
(ii) the bolt of the firearm is
to be in a closed
container, completely
separate from the firearm;
(iii) the firearm is to be fitted
with a mechanism that
locks or disables the
trigger or action and
prevents the firearm from
being used.
67
Firearms Amendment Act 2007
Act No. of
s. 68 Part 5 Firearms Regulations 2006 Amended
68. Regulation 15 amended (Fees)
Regulation 15 of the Principal Regulations is
amended as follows:
(a) by omitting "The" and substituting "(1)
The";
(b) by inserting the following subsections:
(2) However, for an eligible
pensioner, the fee that is payable
or chargeable for any matter is
80% of the fee prescribed for that
matter under subregulation (1).
(3) The fees and charges prescribed
under subregulation (1) are GST
inclusive.
(4) In this regulation
"eligible pensioner" means a
person who
(a) is in receipt of a
pension under the
Social Security
Act 1991 of the
Commonwealth;
or
(b) holds a valid
pensioner
concession card
issued under the
National Health
68
Firearms Amendment Act 2007
Act No. of
Part 5 Firearms Regulations 2006 Amended s. 69
Act 1953 of the
Commonwealth;
or
(c) is in receipt of a
pension under the
Veterans'
Entitlements Act
1986 of the
Commonwealth or
holds a valid
pensioner
concession card
issued under that
Act;
"GST" has the same meaning
as in the A New Tax
System (Goods and
Services Tax) Act 1999 of
the Commonwealth.
69. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is
amended as follows:
(a) by omitting
Fee
units
and substituting the following item:
69
Firearms Amendment Act 2007
Act No. of
s. 69 Part 5 Firearms Regulations 2006 Amended
Fee
units
(inclus-
ive of
GST))
(b) by inserting after paragraph (d) in item 1
the following:
(e) Issue of replacement licence 6
(c) by omitting item 2 and substituting the
following:
2. Permits
Application for permit (other than minor's permit) 10
Application for minor's permit 15
Issue of replacement permit 10
70
Firearms Amendment Act 2007
Act No. of
Part 6 Further Amendment, &c., of Firearms Regulations 2006 s. 70
PART 6 FURTHER AMENDMENT, &C., OF
FIREARMS REGULATIONS 2006
70. Further amendment, &c., of Firearms Regulations
2006
The amendments of the Firearms Regulations
2006 effected by Part 5 are not to be taken as
preventing their subsequent amendment or
rescission by regulation.
Government Printer, Tasmania 71