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FIREARMS (FURTHER AMENDMENT) BILL 2005

                PARLIAMENT OF VICTORIA

         Firearms (Further Amendment) Act 2005
                                  Act No.


                        TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                         1
  1.     Purposes                                                           1
  2.     Commencement                                                       2

PART 2--AMENDMENT OF THE FIREARMS ACT 1996                                  3
  3.     Definitions                                                        3
  4.     Offence to possess, carry or use paintball marker without a
         licence                                                            5
  5.     Offence to possess, carry or use an unregistered paintball
         marker                                                             6
  6.     Offences for certain types of handguns                             6
  7.     Issue of longarm licences for paintball markers                    8
  8.     Reasons for applying for longarm licence, category A or B          8
  9.     New section 13A inserted                                           8
         13A. Reasons for applying for paintball marker licence             8
  10.    Conditions applying to longarm licences                            9
  11.    Issue of handgun licences                                          9
  12.    Participation condition--general category handgun licence         10
  13.    Insertion of new section 16AA                                     12
         16AA. Power of Chief Commissioner to modify
                  participation condition                                  12
  14.    General discretion of Chief Commissioner to refuse a
         longarm licence                                                   13
  15.    Repeal of participation condition for junior licences             13
  16.    Category 1 firearms collectors licences                           13
  17.    New section 21B inserted                                          14
         21B. Issue of antique handgun collectors licences                 14
  18.    Conditions applying to antique handgun collectors licences        14
  19.    Application for licence                                           15
  20.    Information which is required for an application for a
         licence                                                           15
  21.    Offence not to comply with licence conditions                     15
  22.    Application for renewal of licence                                15




                                      i
551373B.A1-20/10/2005                               BILL LA AS SENT 20/10/2005

 


 

Clause Page 23. Insertion of new section 41A 16 41A. Continuation of licence during consideration of application for renewal 16 24. Insertion of new section 43A 16 43A. Variation of licence for failure to comply with participation condition 16 25. Insertion of Division heading 17 26. Disposal of surrendered or seized handguns 17 27. Amendment of Division heading 17 28. Exemptions from Part 2 18 29. Insertion of new section 54A 18 54A. Exemptions from certain licence conditions 18 30. Permits to display firearms or ammunition collections 19 31. Permits to possess, carry or use silencers or prescribed items 20 32. Permits to carry or use firearms held under a collectors licence 20 33. Substitution of section 58A 21 58A. Provisional general category handgun licences 21 34. Offence to carry on business of dealing in firearms 23 35. Application for dealers licence 23 36. Information in application by natural person 23 37. Information in application by body corporate 24 38. Renewal of dealers licences 24 39. Acquisition of paintball markers 24 40. Disposal of paintball markers 24 41. Acquisition of paintball markers from outside the State 25 42. Disposal of paintball markers outside the State 25 43. Offence to acquire a paintball marker without a permit 26 44. Permits to acquire 26 45. Application for permit to acquire 26 46. Record keeping requirements of clubs 27 47. Reports of clubs 27 48. Requirements as to club members 28 49. Endorsement of applications for permits to acquire 28 50. Requirements as to collector members of collector's clubs 28 51. Requirement to nominate officers 29 52. Use of firearm by person other than possessor 29 53. Offence to own a firearm without a licence to possess 29 54. Forfeited firearms 30 55. Application for duplicate licence 30 56. Power of Chief Commissioner to make approvals 30 57. Insertion of new section 179A 30 179A. Approved handgun target shooting matches 30 58. Disclosure of information 31 59. Notice of cancellation of provisional general category handgun licence 31 60. Indictable offence 31 ii 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Clause Page 61. Amendment of Schedule 2, special conditions on licences 32 62. Amendment of Schedule 3, exemptions 33 63. Amendment of Schedule 4 34 PART 3--PARTICULAR PROVISIONS FOR HANDGUN SECURITY GUARD LICENCES 35 64. Handgun security guard licences--over calibre weapons 35 65. New section 57A inserted 35 57A. Permit for holder of handgun security guard licence to possess, carry or use restricted ammunition 35 66. Insertion of new section 210 37 210. Transitional provision--handgun security guard licence 37 PART 4--AMENDMENT OF THE CONTROL OF WEAPONS ACT 1990 40 67. Exemptions from prohibited weapons and body armour 40 PART 5--AMENDMENT OF THE MAGISTRATES' COURT ACT 1989 41 68. Amendment of Schedule 4 to the Magistrates' Court Act 1989 41 ENDNOTES 42 iii 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 4 October 2005 As amended by Assembly 19 October 2005 A BILL to amend the Firearms Act 1996 to make further provision in relation to firearms collectors, handguns, paintball gaming and other matters, and to amend the Control of Weapons Act 1990 and the Magistrates' Court Act 1989 and for other purposes. Firearms (Further Amendment) Act 2005 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Firearms Act 1996 to make further provision in relation to firearms 5 1 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 1--Preliminary s. 2 collectors, handguns, paintball gaming and other matters; and (b) to amend the Control of Weapons Act 1990; and (c) to amend the Magistrates' Court Act 1989. 5 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 64 and 65 come into operation on 1 July 10 2008. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does 15 not come into operation before 1 October 2006, it comes into operation on that day. __________________ 2 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 3 See: PART 2--AMENDMENT OF THE FIREARMS ACT 1996 Act No. 66/1996. 3. Definitions Reprint No. 3 as at (1) In section 3(1) of the Firearms Act 1996-- 1 January 2004 (a) insert the following definitions-- and amending Act Nos ' "antique handgun" means a handgun that 5 33/2004, was manufactured before 1 January 108/2004 and 18/2005. 1900 that uses percussion as a means of LawToday: ignition; www.dms. dpc.vic. "antique handgun collectors licence" gov.au means a licence issued under 10 section 21B; "black powder handgun" means a handgun that-- (a) uses black powder to propel a projectile; and 15 (b) is not capable of being loaded with or discharging breech-loaded metallic cartridges; "handgun security guard licence" means a handgun licence issued under section 20 15(1)(a) for the occupation of security guard; "handgun target shoot" means a handgun target shoot that complies with section 16(8); 25 "handgun target shooting licence" means a handgun licence issued under section 15(1)(b) for target shooting; 3 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 3 "junior handgun target shooting licence" means a junior licence issued for the purposes of receiving instruction in the use of handguns or engaging in sport or target shooting competitions; 5 "paintball" means a projectile that primarily consists of a dye or similar substance designed to mark a person or object; "paintball marker" means a firearm that is designed to discharge a paintball; 10 "paintball marker licence" means a licence issued under section 9(6); "percussion" means a means of ignition in a firearm in which metallic chemical compounds or fulminates are used to 15 ignite the main powder charge; "provisional general category handgun licence" means a provisional licence issued under section 58A; "restricted ammunition", in relation to a 20 handgun, means any ammunition for use in the handgun that-- (a) is not factory manufactured; or (b) is not recommended by the manufacturer of the handgun as 25 being appropriate for that handgun; or (c) is a magnum load or a full metal case projectile; "single shot antique handgun" means an 30 antique handgun that is a black powder handgun that is capable of firing one shot only before requiring reloading;'; 4 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 4 (b) for the definition of "approved handgun target shooting match" substitute-- ' "approved handgun target shooting match" means a competitive target shooting match that is approved by the 5 Chief Commissioner that is organised by an approved handgun target shooting club and that takes place at an approved shooting range;'; (c) in the definition of "airgun" omit "and 10 paintball gun"; (d) in the definition of "firearms collectors licence", for "section 21 or section 21A;" substitute "section 21, 21A or 21B;". (2) In section 3(4)(b) of the Firearms Act 1996, after 15 "as a means of ignition" insert "(other than a single shot antique handgun)". 4. Offence to possess, carry or use paintball marker without a licence After section 6(5) of the Firearms Act 1996 20 insert-- "(5A) A non-prohibited person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence issued under this Part. 25 Penalty: 120 penalty units or 2 years imprisonment.". 5 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 5 5. Offence to possess, carry or use an unregistered paintball marker After section 6A(3) of the Firearms Act 1996 insert-- "(4) A non-prohibited person must not possess, 5 carry or use a paintball marker that is not registered. Penalty: For a first offence, 120 penalty units or 2 years imprisonment; For a second or subsequent 10 offence, 1200 penalty units or 10 years imprisonment.". 6. Offences for certain types of handguns (1) For the heading to section 7A of the Firearms Act 1996 substitute-- 15 "Offences for certain types of handguns". (2) In section 7A(1) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence". 20 (3) In section 7A(2) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence". (4) In section 7A(3)(a) of the Firearms Act 1996, 25 omit "a prescribed class of". (5) In section 7A(4) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence". 30 6 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 6 (6) In section 7A(5) of the Firearms Act 1996-- (a) in paragraph (a), omit "a prescribed class of"; (b) in paragraph (c), after "to which the applicant belongs" insert "or at which the 5 applicant intends to use the handgun". (7) For section 7A(6) of the Firearms Act 1996 substitute-- "(6) This section does not apply to a black powder handgun. 10 (7) This section does not apply to a person who is the holder of a handgun target shooting licence-- (a) who possesses, carries or uses a general category handgun, that is of a class to 15 which sub-section (1)(a), (b) or (c) applies, on an approved shooting range for the purpose of determining whether or not to purchase the handgun or apply for an authorisation under this section 20 for the handgun; or (b) who possesses, carries or uses a general category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, in an approved handgun target 25 shooting match at an approved shooting range as the result of the malfunction of another handgun being used by that person in that match; or (c) who possesses, carries or uses a general 30 category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, for the purposes of instructing another person in the use of the handgun; or 35 7 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 7 (d) who possesses a general category handgun, that is of a class to which sub- section (1)(a), (b) or (c) applies, for the purposes of storing the handgun.". 7. Issue of longarm licences for paintball markers 5 After section 9(5) of the Firearms Act 1996 insert-- "(6) The Chief Commissioner may licence a person to possess, carry or use a registered paintball marker for the reason specified in 10 the licence.". 8. Reasons for applying for longarm licence, category A or B (1) For section 10(2)(a)(ii) of the Firearms Act 1996 substitute-- 15 "(ii) the applicant must engage in sport or target shooting only at a place which is authorised by or under this Act as a place at which sport or target shooting using category A or B longarms may take place;". 20 (2) After section 10(2)(b)(i) of the Firearms Act 1996 insert-- "(ia) the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; or". 25 9. New section 13A inserted After section 13 of the Firearms Act 1996 insert-- "13A. Reasons for applying for paintball marker licence 30 The Chief Commissioner must not issue a paintball marker licence unless the applicant can demonstrate that the licence is required for the purpose of engaging in activities that 8 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 10 require the use of paintball markers at a location approved by the Chief Commissioner.". 10. Conditions applying to longarm licences After section 14(4) of the Firearms Act 1996 5 insert-- "(5) A paintball marker licence is subject to-- (a) the general conditions specified in items 1, 2 and 3 of Schedule 1; and (b) any other conditions imposed on the 10 licence or category of licence by the Chief Commissioner.". 11. Issue of handgun licences (1) In section 15(1)(c) of the Firearms Act 1996, for "regulations." substitute "regulations;". 15 (2) After section 15(1)(c) of the Firearms Act 1996 insert-- "(d) for possessing or carrying a general category handgun, for carriage and use by the holder of a junior handgun target shooting licence in 20 accordance with the licence of that holder.". (3) In section 15(2) of the Firearms Act 1996-- (a) in paragraph (c), for "purpose." substitute "purpose;"; (b) after paragraph (c) insert-- 25 "(d) for the purpose specified in sub-section (1)(d), the applicant must demonstrate that the person who carries and uses the general category handgun is the holder of a junior licence.". 30 9 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 12 (4) After section 15(3) of the Firearms Act 1996 insert-- "(4) In issuing a handgun security guard licence under this section the Chief Commissioner-- (a) must not issue the licence for more than 5 one general category handgun; and (b) where the holder of the licence is employed as a security guard, must not issue the licence for a handgun that is not registered to the person who 10 employs the holder as a security guard.". 12. Participation condition--general category handgun licence (1) In section 16(2) of the Firearms Act 1996, for 15 "If the holder of a general category handgun licence is authorised to possess, carry or use a general category handgun for the reason of target shooting" substitute "If a person is the holder of a handgun target shooting licence". 20 (2) In section 16(3) of the Firearms Act 1996-- (a) for paragraph (a) substitute-- "(a) a person is the holder of a handgun target shooting licence; and"; (b) in paragraph (c) and paragraph (d) omit 25 "competitive". (3) In section 16(5) of the Firearms Act 1996-- (a) for paragraph (a) substitute-- "(a) a person is the holder of a handgun target shooting licence; and"; 30 10 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 12 (b) in paragraph (c), for "competitive approved handgun target shooting matches" substitute "handgun target shoots"; (c) in paragraphs (d)(i) and (d)(ii) omit "competitive". 5 (4) In section 16(8) of the Firearms Act 1996, omit "and section 19". (5) After section 16(8) of the Firearms Act 1996 insert-- "(8A) If, in any calendar year, the holder of a 10 handgun target shooting licence-- (a) holds the licence for less than the calendar year; or (b) holds the licence in respect of a specified class of handguns for less 15 than the calendar year-- the conditions applying to the licence under this section as to participation in approved handgun target shooting matches and handgun target shoots apply proportionately, 20 based on whole calendar months, for that year, after rounding down to the nearest whole number of such matches and shoots.". (6) After section 16(9) of the Firearms Act 1996 insert-- 25 "(10) For the purposes of this section, an approved handgun target shooting match or a handgun target shoot that takes place on more than one day is to be taken to be, for each day on which the match or shoot takes place, a 30 separate match or shoot. 11 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 13 (11) This section (other than sub-section (1)) does not apply to-- (a) the holder of a handgun target shooting licence, where that person does not possess a handgun under that licence; 5 or (b) a person, where that person possesses and carries a handgun under a licence issued under section 15(1)(d); or (c) the holder of a handgun target shooting 10 licence which is not a natural person.". 13. Insertion of new section 16AA After section 16A of the Firearms Act 1996 insert-- "16AA. Power of Chief Commissioner to modify 15 participation condition (1) The Chief Commissioner may on application by the holder of a handgun target shooting licence, vary the number of approved target shooting matches or handgun target shoots 20 that the holder is required to participate in under this Act, if the Chief Commissioner is satisfied that-- (a) the holder of the licence was unable to participate in such matches or shoots 25 for reasons outside the holder's control; or (b) the holder of the licence was unable to complete any such match or shoot that he or she was participating in-- 30 (i) for reasons outside the holder's control; and 12 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 14 (ii) where the person officiating at the match or shoot reasonably believed that the holder of the licence endeavoured as best he or she could to complete his or her 5 participation. (2) An application under this section must be in the form approved by the Chief Commissioner.". 14. General discretion of Chief Commissioner to refuse 10 a longarm licence After section 17(c)(iii) of the Firearms Act 1996 insert-- "(iiia) in the case of an applicant for a paintball marker licence, that the applicant has 15 satisfactorily completed a paintball safety course approved by the Chief Commissioner; and". 15. Repeal of participation condition for junior licences Sections 19(2) and 19(3) of the Firearms Act 20 1996 are repealed. 16. Category 1 firearms collectors licences In section 21(1)(b) of the Firearms Act 1996, for "before 1 January 1947" substitute "on or after 1 January 1900 but no later than 31 December 25 1946". 13 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 17 17. New section 21B inserted After section 21A of the Firearms Act 1996 insert-- "21B. Issue of antique handgun collectors licences 5 (1) The Chief Commissioner may licence a person to possess or carry antique handguns for the purpose of collecting any such handguns. (2) The Chief Commissioner must not issue a 10 licence under sub-section (1) unless the applicant-- (a) is and has been, for at least 6 months, a member of an approved firearms collectors club that deals with the 15 classes of firearms the person proposes to collect; and (b) can demonstrate that the firearms collected will be of obvious and significant commemorative, historical, 20 investment or thematic value; and (c) is a member of an approved firearms collectors club, a nominated officer of which has endorsed the application, on behalf of the club.". 25 18. Conditions applying to antique handgun collectors licences (1) In the heading to section 22 of the Firearms Act 1996 omit "category 1 and category 2". (2) In section 22(1) of the Firearms Act 1996 omit 30 "category 1 and category 2". (3) In section 22(2) of the Firearms Act 1996 omit "category 1 and category 2". 14 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 19 19. Application for licence In section 31(2) of the Firearms Act 1996, omit "and verified by a statutory declaration". 20. Information which is required for an application for a licence 5 (1) In section 32(1)(b) of the Firearms Act 1996, after "firearms collectors licence" insert "(other than an antique handgun collectors licence)". (2) In section 32(2)(c)(ii) of the Firearms Act 1996, after "fingerprints" insert "(other than in the case 10 of an application for an antique handgun collectors licence)". (3) In section 32(3)(c)(ii) of the Firearms Act 1996, after "fingerprints" insert "(other than in the case of an application for an antique handgun 15 collectors licence)". 21. Offence not to comply with licence conditions After section 36(3) of the Firearms Act 1996 insert-- "(3A) A person who is the holder of a paintball 20 marker licence must comply with any conditions to which the licence is subject. Penalty: 60 penalty units or 12 months imprisonment.". 22. Application for renewal of licence 25 In section 41(3) of the Firearms Act 1996, paragraph (b) is repealed. 15 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 23 23. Insertion of new section 41A After section 41 of the Firearms Act 1996 insert-- "41A. Continuation of licence during consideration of application for renewal 5 If a licence holder has applied for renewal of a licence under section 41 and that application has not been determined before the date of expiry of the licence, the licence is deemed to continue in force, on and from 10 that date, until the determination of the application.". 24. Insertion of new section 43A After section 43 of the Firearms Act 1996 insert-- 15 '43A. Variation of licence for failure to comply with participation condition (1) If-- (a) the holder of a handgun target shooting licence has failed to comply with 20 section 16(5)(c); and (b) the Chief Commissioner has not cancelled the holder's licence for that failure to comply-- the Chief Commissioner may vary the 25 licence by imposing a condition that the licence does not authorise the holder to possess, carry or use the relevant class of handgun for the period specified in the variation by the Chief Commissioner, or, 30 if no period is specified, the period of 12 months. 16 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 25 (2) In this section "relevant class of handgun" means the class of handgun in respect of which the licence holder failed to comply with section 16(5)(c). (3) The holder of a handgun target shooting 5 licence whose licence has been varied under sub-section (1) may apply to the Committee for a review of the decision of the Chief Commissioner to vary the licence.'. 25. Insertion of Division heading 10 After section 52 of the Firearms Act 1996 insert-- "Division 9A--Surrender and Seizure of Firearms etc.". 26. Disposal of surrendered or seized handguns 15 After section 53A(3) of the Firearms Act 1996 insert-- "(4) If a person has surrendered a handgun or ammunition under this section or if a handgun or ammunition has been seized 20 from a person under this section, that person must dispose of that handgun or ammunition to a licensed firearms dealer within 56 days of service of the notice from the Chief Commissioner under section 52A.". 25 27. Amendment of Division heading In the heading to Division 10 of Part 2 of the Firearms Act 1996, for "and Permits" substitute ", Permits and Provisional Licences". 30 17 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 28 28. Exemptions from Part 2 For section 54(2) of the Firearms Act 1996 substitute-- "(2) If a person receives instruction in the use of a general category handgun in accordance with 5 the exemption set out in item 4 or 5A of Schedule 3, the person who gives the instruction, must, on each occasion on which that person gives that instruction, so notify the Chief Commissioner on the form 10 approved by the Chief Commissioner.". 29. Insertion of new section 54A After section 54 of the Firearms Act 1996 insert-- "54A. Exemptions from certain licence 15 conditions (1) The Chief Commissioner may exempt the holder of a handgun target shooting licence from being required to comply with a condition specified in section 16(2), (3) or 20 (5), if the Chief Commissioner is satisfied that the person is unable to do so because-- (a) the person has a temporary physical incapacity; or (b) the person is to be absent from the State 25 for a substantial period of time; or (c) for any other reasonable reason. (2) An exemption under this section remains in force for the period specified by the Chief Commissioner in the exemption. 30 18 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 30 (3) In granting an exemption under this section the Chief Commissioner must determine whether the handguns to which the exemption applies are to be stored, during the period for which the exemption remains 5 in force-- (a) by the holder of the licence; or (b) by another person in accordance with a permit under section 121A.". 30. Permits to display firearms or ammunition 10 collections (1) In section 56(1) of the Firearms Act 1996, after "firearms collectors licence" insert "(other than an antique handgun collectors licence)". (2) After section 56(5) of the Firearms Act 1996 15 insert-- "(5A) The conditions that the Chief Commissioner may impose on a permit under this section may include conditions for or with respect to-- 20 (a) the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and 25 (b) the length or term of the permit and any related matters.". 19 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 31 31. Permits to possess, carry or use silencers or prescribed items After section 57(3) of the Firearms Act 1996 insert-- "(3A) The conditions that the Chief Commissioner 5 may impose on a permit granted under this section may include conditions for or with respect to-- (a) the circumstances in which the Chief Commissioner may cancel or suspend 10 the permit and any other matters related to any such cancellation or suspension; and (b) the length or term of the permit and any related matters.". 15 32. Permits to carry or use firearms held under a collectors licence After section 58(2) of the Firearms Act 1996 insert-- "(2A) The conditions that the Chief Commissioner 20 may impose on a permit granted under this section may include conditions for or with respect to-- (a) the circumstances in which the Chief Commissioner may cancel or suspend 25 the permit and any other matters related to any such cancellation or suspension; and (b) the length or term of the permit and any related matters.". 30 20 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 33 33. Substitution of section 58A For section 58A of the Firearms Act 1996 substitute-- '58A. Provisional general category handgun licences 5 (1) The Chief Commissioner may grant a provisional licence to a member of an approved handgun target shooting club (who does not hold a handgun target shooting licence) to carry or use the classes of general 10 category handguns specified in the provisional licence at approved handgun target shooting matches and handgun target shoots. (2) The Chief Commissioner must not grant a 15 provisional licence under this section-- (a) if the applicant is a prohibited person; or (b) unless the Chief Commissioner is satisfied that the applicant is a fit and 20 proper person to hold such a licence; or (c) in the case of an applicant who is of or over 12 years of age and under 18 years of age, unless-- (i) the applicant has the written 25 consent of his or her parent or guardian; or (ii) the person who is to provide the instruction to the applicant has the consent of the applicant's parent or 30 guardian; or (d) for any other prescribed reason. 21 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 33 (3) A provisional licence under this section remains in force for a period of no less than 6 months and no more than 12 months (as specified by the Chief Commissioner in the licence). 5 (4) A provisional licence under this section may not be renewed. (5) A provisional licence under this section is subject to the condition that the holder of the licence must, within 3 months of the grant of 10 the licence, complete a course in handgun safety approved by the Chief Commissioner. (6) A provisional licence under this section that authorises the carriage or use of a controlled handgun is subject to the condition that the 15 handgun must not be carried or used except for the purpose of the holder of the licence making a decision as to whether to, in the course of applying for a general category handgun licence for the reason of target 20 shooting-- (a) purchase the handgun; and (b) make an application to the Chief Commissioner for an authorisation under section 7A for the handgun. 25 (7) The Chief Commissioner may impose any conditions on a provisional licence under this section that the Chief Commissioner thinks fit. 22 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 34 (8) The conditions that the Chief Commissioner may impose on a provisional licence granted under this section may include conditions for or with respect to the circumstances in which the Chief Commissioner may cancel or 5 suspend the licence and any other matters related to any such cancellation or suspension. (9) An application for a provisional licence under this section must be in the form 10 approved by the Chief Commissioner. (10) An applicant for a provisional licence under this section must pay the prescribed fee for such a licence. (11) The holder of a provisional licence must 15 comply with the provisional licence. Penalty: 120 penalty units or 2 years imprisonment. (12) In this section-- "controlled handgun" means a handgun 20 that is of a class to which section 7A(1) applies.'. 34. Offence to carry on business of dealing in firearms In section 59(1) of the Firearms Act 1996, after "category A or B longarms" insert "or paintball 25 markers". 35. Application for dealers licence In section 63(2) of the Firearms Act 1996, omit "and verified by a statutory declaration". 36. Information in application by natural person 30 In section 64(aa) of the Firearms Act 1996, omit ", verified by a statutory declaration". 23 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 37 37. Information in application by body corporate In section 65(d)(i) of the Firearms Act 1996, omit ", verified by a statutory declaration". 38. Renewal of dealers licences In section 72 of the Firearms Act 1996-- 5 (a) in sub-section (3), paragraph (b) is repealed; (b) in sub-section (4A)(a), omit ", verified by a statutory declaration". 39. Acquisition of paintball markers After section 95(1) of the Firearms Act 1996 10 insert-- "(1A) A person who is not a licensed firearms dealer must not acquire a paintball marker from a person who is not a licensed firearms dealer, unless the person who is acquiring 15 the paintball marker engages a licensed firearms dealer as his or her agent in the transaction. Penalty: 120 penalty units or 2 years imprisonment.". 20 40. Disposal of paintball markers After section 96(1) of the Firearms Act 1996 insert-- "(1A) A person who is not a licensed firearms dealer must not dispose of a paintball marker 25 to a person who is not a licensed firearms dealer, unless the person who is disposing of the paintball marker engages a licensed firearms dealer as his or her agent in the transaction. 30 Penalty: 120 penalty units or 2 years imprisonment.". 24 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 41 41. Acquisition of paintball markers from outside the State After section 99(1) of the Firearms Act 1996 insert-- "(1A) If a licensed firearms dealer is acquiring a 5 paintball marker from a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not take possession of that firearm from any person 10 other than a person who holds a licence in that place which corresponds with a dealers licence. Penalty: 60 penalty units or 12 months imprisonment.". 15 42. Disposal of paintball markers outside the State After section 100(1) of the Firearms Act 1996 insert-- "(1A) If a licensed firearms dealer is disposing of a paintball marker to a place outside Victoria 20 but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not give possession of that firearm to any person other than a person who holds a licence in that place 25 which corresponds with a dealers licence. Penalty: 60 penalty units or 12 months imprisonment.". 25 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 43 43. Offence to acquire a paintball marker without a permit After section 102(1) of the Firearms Act 1996 insert-- "(1A) A person must not acquire a paintball marker 5 unless that person has a permit to acquire that firearm. Penalty: 60 penalty units or 12 months imprisonment.". 44. Permits to acquire 10 In section 104(1) of the Firearms Act 1996-- (a) in paragraph (e)-- (i) for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting 15 licence"; (ii) after sub-paragraph (ii) insert-- "(iii) a black powder handgun that is muzzle loading, if the applicant has not already acquired such a 20 handgun; or"; (b) in paragraph (f), for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence". 25 45. Application for permit to acquire In section 106(2) of the Firearms Act 1996, omit "and verified by statutory declaration". 26 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 46 46. Record keeping requirements of clubs After section 123B(1) of the Firearms Act 1996 insert-- "(1A) In relation to any handgun target shoot conducted by an approved handgun target 5 shooting club, the club must keep a record of-- (a) the time and place of the shoot; and (b) details of any handgun used by each person participating in the shoot; and 10 (c) the name and handgun licence number of each person participating in the shoot.". 47. Reports of clubs (1) For the heading to section 123C of the Firearms 15 Act 1996 substitute-- "Approved handgun target shooting clubs-- reporting requirements". (2) In section 123C(1) of the Firearms Act 1996-- (a) in paragraph (a), after "during the year" 20 insert "and of all the handgun target shoots conducted by the club during the year"; (b) in paragraph (c)(iii)-- (i) after "approved handgun target shooting match" insert "and each 25 handgun target shoot"; (ii) after "such match" insert "and shoot"; (c) in paragraph (c)(iv)-- (i) after "approved handgun target shooting match" insert "and each 30 handgun target shoot"; (ii) after "such match" insert "and shoot"; 27 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 48 (d) after paragraph (c) insert-- "Penalty: 20 penalty units.". (3) For section 123C(2)(b) of the Firearms Act 1996 substitute-- "(b) in the prescribed form.". 5 48. Requirements as to club members After section 123D(1) of the Firearms Act 1996 insert-- "(1A) An approved handgun target shooting club must take the prescribed measures to ensure 10 that any holder of a provisional general category handgun licence whose provisional licence has been suspended or cancelled does not take part in any handgun target shooting match conducted by the club.". 15 49. Endorsement of applications for permits to acquire In section 123G(1)(d) of the Firearms Act 1996, after "the club" insert "or another approved handgun target shooting club". 50. Requirements as to collector members of collector's 20 clubs (1) In section 123L(b) of the Firearms Act 1996-- (a) for "must not admit a person as a member of the club" substitute "must not have a person as a collector member of the club"; 25 (b) in sub-paragraph (iv), for "at any time in the 5 years immediately preceding the application, the applicant" substitute "at any time in the 5 years immediately preceding the person becoming a collector member of 30 the club, the person". 28 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 51 (2) At the end of section 123L of the Firearms Act 1996 insert-- '(2) In this section, "collector member of the club" means a member of the club who collects firearms.'. 5 51. Requirement to nominate officers In section 123N(1) of the Firearms Act 1996, for "an approval under this Part" substitute "an approval under Division 1 or 2 of this Part". 52. Use of firearm by person other than possessor 10 After section 127(1) of the Firearms Act 1996 insert-- "(1A) A person who possesses a paintball marker must not permit that firearm to be carried or used by any person who is not-- 15 (a) so authorised by a licence under Part 2; or (b) exempted by this Act from the requirement to be so authorised. Penalty: 60 penalty units or 12 months 20 imprisonment.". 53. Offence to own a firearm without a licence to possess After section 135(3) of the Firearms Act 1996 insert-- 25 "(4) A person must not own a paintball marker unless that person is authorised by a licence under this Act to possess the paintball marker. Penalty: 60 penalty units or 12 months 30 imprisonment.". 29 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 54 54. Forfeited firearms In section 152(b)(ii) of the Firearms Act 1996, for "approved for that purpose by the Minister" substitute "approved by the Minister for the purpose of retaining possession of firearms 5 forfeited to the Crown for forensic or other law enforcement purposes". 55. Application for duplicate licence In section 178(1) of the Firearms Act 1996, omit "and accompanied by a statutory declaration". 10 56. Power of Chief Commissioner to make approvals In section 179(1) of the Firearms Act 1996, after "firearms safety courses," insert "paintball safety courses,". 57. Insertion of new section 179A 15 After section 179 of the Firearms Act 1996 insert-- "179A. Approved handgun target shooting matches (1) For the purposes of this Act, on application 20 by an approved handgun target shooting club, the Chief Commissioner may approve handgun target shooting matches to be conducted by the club, if the Chief Commissioner is satisfied that the matches 25 will be conducted by the approved club at an approved shooting range. (2) On making an approval under sub- section (1), the Chief Commissioner must cause the approval to be published in the 30 Government Gazette.". 30 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 58 58. Disclosure of information (1) In section 181(1) of the Firearms Act 1996, for "Except to the extent necessary to perform duties under this Act" substitute "Except to the extent necessary for the purposes of the administration of 5 this Act". (2) In section 181(2) of the Firearms Act 1996-- (a) in paragraph (e), for "application." substitute "application;"; (b) after paragraph (e) insert-- 10 "(f) any other information that is necessary to enable the club to perform its functions under this Act.". 59. Notice of cancellation of provisional general category handgun licence 15 In section 181A(1) of the Firearms Act 1996-- (a) in paragraph (b), for "or suspension." substitute "or suspension; or"; (b) after paragraph (b) insert-- "(c) a provisional general category handgun 20 licence, the Chief Commissioner must inform any approved handgun target shooting club of which the holder is a member of that cancellation or suspension.". 25 60. Indictable offence In section 189A of the Firearms Act 1996, for "6A(1), (2) and (3)" substitute "6A(1), (2), (3) and (4)". 31 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 61 61. Amendment of Schedule 2, special conditions on licences (1) After item 1(7) of Schedule 2 to the Firearms Act 1996 insert-- 5 "(8) If the holder of the licence has obtained the licence for the reason of hunting or sport or target shooting, the licence is subject to the condition that the holder must not-- (a) possess, carry or use a detachable magazine 10 with a capacity greater than 10 shots in combination with a pump or lever action centre fire rifle; or (b) possess, carry or use a detachable magazine with a capacity greater than 15 shots in 15 combination with a bolt action centre fire rifle; or (c) possess, carry or use a detachable magazine with a capacity greater than 15 shots in combination with a pump, lever or bolt action 20 rimfire rifle-- unless the Chief Commissioner is satisfied that the holder should be able to possess, carry or use such a magazine in combination with such a firearm for the purposes of participating in an event approved by the 25 Chief Commissioner.". (2) After item 3(2) of Schedule 2 to the Firearms Act 1996 insert-- "(3) Item 3(2)(b) does not apply to a person to whom item 4 or 5A of Schedule 3 applies, if the person is 30 carrying or using a general category handgun owned by an approved handgun target shooting club that is located at the approved shooting range at which the instruction is taking place.". 32 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 62 (3) After item 5(11) of Schedule 2 to the Firearms Act 1996 insert-- "(12) Items 5(5) and (6) do not apply to an antique handgun collectors licence. 5 (13) The holder of an antique handgun collectors licence must take all reasonable measures to ensure the secure storage of the firearms while in carriage for the purposes of display or on display.". 62. Amendment of Schedule 3, exemptions (1) In column 1 of item 4 of Schedule 3 to the 10 Firearms Act 1996-- (a) for paragraph (b) substitute-- "(b) for the purposes of obtaining a general category handgun licence for a reason set out in 15 section 15(1)--"; (b) for "two previous occasions" substitute "nine previous occasions". (2) After item 5B in Schedule 3 to the Firearms Act 1996 insert-- 20 " Any person. When possessing or 5C. carrying a firearm in the course of his or her duties as a supervisor, competition judge or range officer at an approved shooting range. ". 33 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 2--Amendment of the Firearms Act 1996 s. 63 (3) After item 6 in Schedule 3 to the Firearms Act 1996 insert-- " A non-prohibited When using or carrying a 6A. person who is of paintball marker for the or over the age of purpose of and when 18 years. engaging in activities that require the use of paintball markers at a location approved by the Chief Commissioner. ". 63. Amendment of Schedule 4 5 For item 3(2) of Schedule 4 to the Firearms Act 1996 substitute-- "(2) If-- (a) in the case of an antique handgun, more than 10 15 antique handguns are stored on the premises where the handgun is stored; or (b) in any other case, more than 5 firearms are stored on the premises where the firearm is stored-- 15 the premises must be fitted with an effective alarm system of a class approved by the Chief Commissioner.". __________________ 34 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 3--Particular provisions for Handgun Security Guard Licences s. 64 PART 3--PARTICULAR PROVISIONS FOR HANDGUN SECURITY GUARD LICENCES 64. Handgun security guard licences--over calibre weapons In section 15(4) of the Firearms Act 1996-- 5 (a) in paragraph (b), for "guard." substitute "guard; and"; (b) after paragraph (b) insert-- "(c) must not issue, unless the Chief Commissioner reasonably believes that 10 there is an exceptional and legitimate reason for doing so, a licence for a handgun that is-- (i) a semi-automatic handgun with a calibre of more than ·40 inch; or 15 (ii) a revolver or single shot handgun with a calibre of more than ·38 inch.". 65. New section 57A inserted After section 57 of the Firearms Act 1996 20 insert-- "57A. Permit for holder of handgun security guard licence to possess, carry or use restricted ammunition (1) The holder of a handgun security guard 25 licence must not possess, carry or use any restricted ammunition for any handgun he or she possesses, carries or uses under the licence unless that person does so under and in accordance with a permit issued under this 30 section. Penalty: 60 penalty units or 12 months imprisonment. 35 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 3--Particular provisions for Handgun Security Guard Licences s. 65 (2) The Chief Commissioner may grant a permit to the holder of a handgun security guard licence to possess, carry or use restricted ammunition. (3) The Chief Commissioner must not grant a 5 permit under this section unless the Chief Commissioner reasonably believes that there is an exceptional and legitimate reason for doing so. (4) The conditions that the Chief Commissioner 10 may impose on a permit granted under this section may include conditions for or with respect to-- (a) the circumstances in which the Chief Commissioner may cancel or suspend 15 the permit and any other matters related to any such cancellation or suspension; and (b) the length or term of the permit and any related matters. 20 (5) An application for a permit must be in the form approved by the Chief Commissioner. (6) The applicant must pay the prescribed fee for such a permit. (7) The holder of the permit must comply with 25 the permit. Penalty: 60 penalty units or 12 months imprisonment.". 36 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 3--Particular provisions for Handgun Security Guard Licences s. 66 66. Insertion of new section 210 After section 209 of the Firearms Act 1996 insert-- "210. Transitional provision--handgun security guard licence 5 (1) A handgun security guard licence in force immediately before the commencement of this section, is to be taken (on and from that commencement) not to authorise the possession, carriage or use of-- 10 (a) a semi-automatic handgun with a calibre of more than ·40 inch; or (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or (c) restricted ammunition for any handgun 15 possessed, carried or used under the licence-- unless the holder of the licence has obtained an authority under this section. (2) A handgun security guard licence issued on 20 or after the commencement of this section and before 1 July 2008 does not authorise the possession, carriage or use of-- (a) a semi-automatic handgun with a calibre of more than ·40 inch; or 25 (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or (c) restricted ammunition for any handgun possessed, carried or used under the licence-- 30 unless the holder of the licence has obtained an authority under this section. 37 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 3--Particular provisions for Handgun Security Guard Licences s. 66 (3) The holder of a handgun security guard licence issued before 1 July 2008, may apply to the Chief Commissioner for an authority to possess, carry or use-- (a) a semi-automatic handgun with a 5 calibre of more than ·40 inch; or (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or (c) restricted ammunition for any handgun possessed, carried or used under the 10 licence. (4) On application by a person under sub- section (3), the Chief Commissioner may authorise the person to possess, carry or use-- 15 (a) a semi-automatic handgun with a calibre of more than ·40 inch; or (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or (c) restricted ammunition for any handgun 20 possessed, carried or used under the licence. (5) In granting an authorisation under this section, the Chief Commissioner may have regard to any matter the Commissioner 25 considers relevant. (6) An authorisation under this section remains in force until 1 July 2008 or any earlier date specified by the Chief Commissioner in the authorisation and may not be renewed. 30 (7) An application for an authorisation under this section must be in the form approved by the Chief Commissioner. 38 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 3--Particular provisions for Handgun Security Guard Licences s. 66 (8) The Chief Commissioner may impose any conditions on an authorisation under this section that the Chief Commissioner thinks fit.". __________________ 39 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 4--Amendment of the Control of Weapons Act 1990 s. 67 See: PART 4--AMENDMENT OF THE CONTROL OF WEAPONS Act No. ACT 1990 24/1990. Reprint No. 3 as at 67. Exemptions from prohibited weapons and body 17 December armour 2000 and At the end of section 8B of the Control of 5 amending Act Nos Weapons Act 1990 insert-- 7/2002 and 9/2003. "(2) An exemption under sub-section (1)-- LawToday: www.dms. (a) must not be granted in respect of dpc.vic. gov.au prohibited persons; and (b) if granted in respect of a class of person 10 or persons identified by a particular description, does not apply to any prohibited person who is a member of that class or who satisfies that description (as the case requires).". 15 __________________ 40 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Part 5--Amendment of the Magistrates' Court Act 1989 s. 68 See: PART 5--AMENDMENT OF THE MAGISTRATES' COURT Act No. ACT 1989 51/1989. Reprint No. 11 as at 68. Amendment of Schedule 4 to the Magistrates' Court 1 July 2005 Act 1989 and amending In Schedule 4 to the Magistrates' Court Act 5 Act Nos 77/2004, 1989, in item 49BA for "and (3)" substitute 2/2005, ", (3) and (4)". 16/2005, 18/2005, 19/2005, 45/2005 and 62/2005. LawToday: www.dms. dpc.vic. gov.au 41 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


 

Firearms (Further Amendment) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 42 551373B.A1-20/10/2005 BILL LA AS SENT 20/10/2005

 


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