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TASMANIA
__________
FIREARMS AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 18 amended (Category H firearms licence)
6. Section 28 amended (Applications for licences)
7. Section 29 amended (General restrictions on granting
licence)
8. Section 47 amended (Special conditions of certain licence)
9. Section 51 amended (Cancellation of licence)
10. Section 58A inserted
58A. Application for permit to acquire prohibited
pistol for prescribed event
11. Section 60 amended (General restrictions on granting
permits)
12. Section 61 amended (Granting permit)
13. Section 141 amended (Reviews)
14. Section 148 substituted
148. Disclosure of certain information
15. Section 151 amended (Approved clubs, shooting galleries
and ranges)
[Bill 24]-I
16. Section 152 amended (Granting approval)
17. Section 153 amended (Conditions of approval)
18. Section 155 amended (Exemptions)
19. Schedule 1 amended (Prohibited Firearms)
20. Savings and transitional
2
FIREARMS AMENDMENT BILL 2003
(Brought in by the Minister for Police and Public Safety,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Firearms Act 1996
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:
Short title
1. This Act may be cited as the Firearms Amendment Act
2003.
Commencement
2. This Act commences on 1 July 2003.
Principal Act
3. In this Act, the Firearms Act 1996* is referred to as the
Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
*No. 23 of 1996
[Bill 24] 3
s. 5 No. Firearms Amendment 2003
(a) by inserting the following definition after the
definition of "approved firearms safety course":
"barrel length" means
(a) in the case of a revolver, the
distance from the muzzle of
the barrel to the breach end
immediately in front of the
cylinder; and
(b) in any other case, the
distance from the muzzle of
the barrel to the point of the
breach face (which includes
the chamber);
(b) by inserting the following definition after the
definition of "prohibited firearm":
"prohibited pistol" means a pistol
prescribed as a prohibited pistol in
the regulations;
Section 18 amended (Category H firearms licence)
5. Section 18 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "for a purpose
other than sport or target shooting" after
"licence";
(b) by inserting in subsection (2) "for a purpose
other than sport or target shooting" after
"firearms licence";
(c) by inserting the following subsections after
subsection (2):
4
2003 Firearms Amendment No. s. 6
(3) A Category H firearms licence for
sport or target shooting authorises the holder
to possess or use any of the following:
(a) a pistol that does not exceed .38
inch calibre;
(b) a semi-automatic pistol that has a
barrel length of 120 millimetres or
more;
(c) a revolver that has a barrel length
of 100 millimetres or more;
(d) a single-shot pistol that has a
barrel length of 100 millimetres or
more;
(e) a pistol that has a magazine
capacity of 10 rounds or less.
(4) A Category H firearms licence for
sport or target shooting authorises the holder,
with the approval of the Commissioner, to
possess or use a prohibited pistol for the
purpose of training for, and participating in, a
prescribed event where pistols that have a
calibre not exceeding .45 inch may be used.
Section 28 amended (Applications for licences)
6. Section 28(2) of the Principal Act is amended by
inserting after paragraph (c) the following paragraph:
(ca) contain an authorisation from the applicant to
the Commissioner to release any information
that the Commissioner considers necessary in
relation to the applicant to a person holding an
official position in an approved pistol shooting
club or in an approved society, the members of
5
s. 7 No. Firearms Amendment 2003
which collect firearms, and to a person holding
an official position in an approved pistol
shooting club or in an approved society, the
members of which collect firearms, to release
any information that the person considers
necessary in relation to the applicant to the
Commissioner.
Section 29 amended (General restrictions on
granting licence)
7. Section 29 of the Principal Act is amended as follows:
(a) by omitting from subsection (3)(d) "injury."
and substituting "injury; or";
(b) by inserting the following paragraph after
paragraph (d) in subsection (3):
(e) in the Commissioner's opinion,
having regard to any criminal
intelligence report or other
criminal information held in
relation to the person, is a risk to
public safety.
(c) by inserting the following subsection after
subsection (3):
(3A) If an application for a licence is
being determined by a delegate of the
Commissioner, the opinion referred to in
subsection (3)(e) must be that of the
Commissioner and not the delegate.
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2003 Firearms Amendment No. s. 8
Section 47 amended (Special conditions of certain
licence)
8. Section 47 of the Principal Act is amended by inserting
after subsection (2) the following subsections:
(3) A Category H firearms licence for sport or
target shooting is subject to the following conditions:
(a) the holder must not possess or use a
prohibited pistol without the approval of
the Commissioner;
(b) the holder must comply with minimum
annual participation rates relating to
sport or target shooting as specified in
the conditions of the licence and provide
evidence to the Commissioner of his or
her compliance with those annual
participation rates unless exempted
from doing so by the Commissioner.
(4) The Commissioner may, by notice in
writing given to the holder of a Category H firearms
licence for sport or target shooting in existence
immediately before 1 July 2003, amend any
conditions specified in that licence to give effect to
the amendments made to this Act by the Firearms
Amendment Act 2003.
Section 51 amended (Cancellation of licence)
9. Section 51 of the Principal Act is amended as follows:
(a) by omitting paragraph (d) from subsection (2);
(b) by inserting the following subsections after
subsection (2):
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s. 9 No. Firearms Amendment 2003
(3) The Commissioner must cancel or
suspend a licence if the holder is subject to any
restraint order, other than a restraint order
referred to in subsection (1), or interim
restraint order.
(4) If the Commissioner cancels or
suspends a licence under subsection (3), the
Commissioner must, where possible, cause to
be seized any firearm in the possession of the
holder of the licence.
(5) The Commissioner must cancel a
licence if the Commissioner considers that the
loss or theft of a firearm was due to the
negligence or fraud of the holder of the licence.
(6) The Commissioner may, on the
written application of the person who held a
licence cancelled or suspended under
subsection (3), reinstate the licence or return
any firearms, or both reinstate the licence and
return any firearms, which have been seized in
accordance with subsection (4) and which the
Commissioner considers appropriate, to the
holder of the licence or such other person, with
the agreement of the applicant, who is the
holder of a licence.
(7) In determining whether to reinstate
a licence or return any firearms or both
reinstate a licence and return any firearms,
the Commissioner may consider
(a) the facts and evidence made out in
the application for the restraint
order referred in subsection (3);
and
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2003 Firearms Amendment No. s. 10
(b) the order made by the court in
issuing the restraint order or
interim restraint order; and
(c) such other matters that the
Commissioner determines to be
relevant.
Section 58A inserted
10. After section 58 of the Principal Act, the following
section is inserted in Division 1:
Application for permit to acquire prohibited
pistol for prescribed event
58A. (1) The holder of a Category H firearms licence
for sport or target shooting may apply to the
Commissioner for a permit to acquire a prohibited
pistol for the purpose of training for, and
participating in, a prescribed event.
(2) A separate permit is required for each
pistol referred to in subsection (1).
Section 60 amended (General restrictions on
granting permits)
11. Section 60(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "firearm." and
substituting "firearm; and";
(b) by inserting the following paragraph after
paragraph (b):
9
s. 12 No. Firearms Amendment 2003
(c) in the case of an applicant who is
the holder of a Category H
firearms licence for sport or target
shooting, is satisfied that the
applicant has held that licence,
and has been a member of an
approved pistol shooting club, for a
period of at least 6 months.
Section 61 amended (Granting permit)
12. Section 61 of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "lodged." and
substituting "lodged; and";
(b) by inserting the following paragraphs after
paragraph (b):
(c) in the case of an application from
the holder of a Category H
firearms licence for sport or target
shooting, to acquire not more than
2 pistols of different categories
from the following categories of
pistols if the Commissioner is
satisfied that the applicant has
held the Category H firearms
licence for sport or target shooting,
and has been a member of an
approved pistol shooting club, for a
period of at least 6 months:
(i) one .22 inch calibre pistol;
(ii) one .177 inch calibre air
pistol;
(iii) one centre-fire pistol;
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2003 Firearms Amendment No. s. 13
(iv) one black-powder muzzle
loader; and
(d) in the case of an application from
the holder of a Category H
firearms licence for sport or target
shooting, to acquire a pistol
referred to in section 18(3) if the
Commissioner is satisfied that the
applicant has held the Category H
firearms licence for sport or target
shooting, and has been a member
of an approved pistol shooting
club, for a period of at least 12
months.
Section 141 amended (Reviews)
13. Section 141 of the Principal Act is amended as follows:
(a) by inserting in subsection (1)(b) "47(4)," after
"(ii),";
(b) by omitting from subsection (1)(b) "153(c)" and
substituting "153(1)(c), 153(2)";
(c) by omitting from subsection (1)(e) "club or
range" and substituting "club, range or
society";
(d) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) a notice is received under
section 47(4); or
(e) by inserting the following paragraph after
paragraph (e) in subsection (2):
11
s. 13 No. Firearms Amendment 2003
(ea) a notice is received under
section 153(2); or
(f) by inserting the following subsections after
subsection (2):
(3) The following provisions of the
Magistrates Court (Administrative Appeals
Division) Act 2001 do not apply to an
application to the Magistrates Court
(Administrative Appeals Division) for a review
of a decision referred to in subsection (1)(a) or
(c) that was made on the grounds referred to in
section 29(3)(e):
(a) Division 1 of Part 4;
(b) section 21.
(4) In determining an application for a
review under subsection (1), the Magistrates
Court (Administrative Appeals Division)
(a) is to ensure that it does not, in the
reasons for its decision or
otherwise, disclose the existence or
content of any criminal
intelligence report or other
criminal information referred to in
section 29(3)(e); and
(b) in order to prevent the disclosure
of any such report or other
information, is to receive evidence
and hear argument in the absence
of the public, the applicant for the
review and the applicant's
representative.
12
2003 Firearms Amendment No. s. 14
Section 148 substituted
14. Section 148 of the Principal Act is repealed and the
following section is substituted:
Disclosure of certain information
148. (1) A prescribed person is to inform the
Commissioner, by notice in writing, if he or she
reasonably believes that
(a) a patient or client is likely to possess or
use a firearm; and
(b) such possession or use would be unsafe,
for the patient or client or another
person
(i) because of the patient's or client's
mental or physical condition; or
(ii) because the patient or client would
be a threat to public safety.
(2) A notice is to specify
(a) the patient's or client's name and
address; and
(b) the reason for the opinion held in
relation to the patient.
(3) A representative of an approved pistol
shooting club, or a representative of an approved
society, the members of which collect firearms, is to
inform the Commissioner by notice in writing of any
concern held by the club or society or any member of
the club or society that a person may pose a danger
if in possession of a firearm.
(4) A representative of an approved pistol
shooting club, or a representative of an approved
13
s. 15 No. Firearms Amendment 2003
society, the members of which collect firearms, is to
inform the Commissioner by notice in writing of a
member's expulsion and the reasons for the
expulsion.
(5) The act of giving any information in a
notice in good faith does not give rise to any criminal
or civil action or remedy.
(6) In this section, "prescribed person"
means
(a) a person who is registered as a medical
practitioner under the Medical
Practitioners Registration Act 1996; or
(b) a person who is registered as a nurse
under the Nursing Act 1995; or
(c) a person who is registered as a
psychologist under the Psychologists
Registration Act 2000; or
(d) any other person or class of person
determined by the Minister by notice in
the Gazette to be a prescribed person.
(7) A notice for the purpose of subsection (6)(d)
is not a statutory rule for the purposes of the Rules
Publication Act 1953.
Section 151 amended (Approved clubs, shooting
galleries and ranges)
15. Section 151(1) of the Principal Act is amended by
omitting paragraph (d) and substituting the following
paragraphs:
(d) a range; or
14
2003 Firearms Amendment No. s. 16
(e) a society, the members of which collect
firearms.
Section 152 amended (Granting approval)
16. Section 152 of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "rifle club or a
pistol shooting club" and substituting "rifle
club, a pistol shooting club or a society, the
members of which collect firearms";
(b) by inserting the following paragraph after
paragraph (c):
(ca) in the case of a pistol shooting club
or a society, the members of which
collect firearms, a request for the
club or society to provide annually
details of Category H firearms
licence holders who are members
of the club or society, including the
names, addresses, dates of birth
and licence numbers of the
members; and
Section 153 amended (Conditions of approval)
17. Section 153 of the Principal Act is amended as follows:
(a) by inserting "(1)" before "The Commissioner";
(b) by inserting the following subsection:
(2) The Commissioner may, by notice in
writing given to a person named in an
approval in existence immediately before
1 July 2003, amend any conditions imposed
15
s. 18 No. Firearms Amendment 2003
under subsection (1)(c) to give effect to the
amendments made to this Act by the Firearms
Amendment Act 2003.
Section 155 amended (Exemptions)
18. Section 155 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) ", approved
rifle club, approved pistol shooting club or
approved range";
(b) by inserting the following subsections after
subsection (1):
(1A) On the written application of a
person, the Commissioner may exempt the
person from any provision of this Act relating
to the possession or use of a firearm or
ammunition
(a) at an approved rifle club, approved
pistol shooting club or approved
range; and
(b) subject to any conditions the
Commissioner considers
appropriate.
(1B) A person who has made a written
application under subsection (1A) is entitled,
on signing the application, to possess or use, at
a club or range referred to in that subsection, a
firearm approved for use at that club or range
for the purpose of participating in one shooting
activity on one day at that club or range.
(1C) An application referred to in
subsection (1A) is to include an authorisation
16
2003 Firearms Amendment No. s. 19
from the applicant to the Commissioner to
release any information that the
Commissioner considers necessary in relation
to the applicant to a person holding an official
position in an approved rifle club or an
approved pistol shooting club, and for a person
holding an official position in an approved rifle
club or an approved pistol shooting club to
release to the Commissioner any information
that the person considers necessary in relation
to the applicant.
Schedule 1 amended (Prohibited Firearms)
19. Schedule 1 to the Principal Act is amended by
inserting after
9. Any firearm or part of a firearm which has a
dimension less than the prescribed minimum
dimension.
the following item:
10. A prohibited pistol.
Savings and transitional
20. (1) A person does not commit an offence under section
9 of the Principal Act in respect of the possession of a
prohibited pistol if the person lawfully acquired the pistol
before 1 July 2003.
(2) Subsection (1) applies for the period of 6 months
commencing on 1 July 2003.
(3) This section does not authorise a person to use a
prohibited pistol without the approval of the
17
s. 20 No. Firearms Amendment 2003
Commissioner during the period specified in
subsection (2).
18 Government Printer, Tasmania