FIREARMS AMENDMENT BILL 2007

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FIREARMS AMENDMENT BILL 2007

PARLIAMENT OF VICTORIA Firearms Amendment Bill 2007 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--AMENDMENT OF FIREARMS ACT 1996 3 3 Definitions 3 4 New section 3A inserted 5 3A Declarations by the Chief Commissioner for the purposes of certain definitions 5 5 Reasons for applying for longarm licence, category A or B 7 6 Issue of handgun licences for general category handguns 7 7 Conditions applying to handgun licences 8 8 General discretion of Chief Commissioner to refuse a longarm or handgun licence 9 9 Issue of category 1 firearms collectors licences 9 10 Issue of category 2 firearms collectors licences 10 11 Issue of antique handgun collectors licences 10 12 New section 32A inserted 11 32A Chief Commissioner may refuse to make a decision on an application for a licence 11 13 New sections 33A, 33B and 33C inserted 11 33A Notice that licence may be refused 11 33B Further consideration of application and convening of hearing 12 33C Refusal of licence 13 14 Duration of licences 13 15 Immediate cancellation of a licence 14 16 New section 47A inserted 14 47A Suspension of licence--certain prohibited persons 14 17 Power of Chief Commissioner to cancel licence under this Part 14 18 New section 52AA inserted 15 52AA Chief Commissioner to notify approved handgun target shooting club or employer of certain events 15 561064B.I-22/8/2007 i BILL LA INTRODUCTION 22/8/2007

Clause Page 19 Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence not complied with 16 20 Disclosure of information 17 21 Permits to display firearms or ammunition collections 18 22 New section 56A inserted 18 56A Permits to display firearms or ammunition collections--Approved firearms collectors clubs 18 23 Permits to carry or use firearms held under a collectors licence 21 24 New section 58AAA inserted 21 58AAA Permits to carry or use firearms held under a collectors licence--approved firearms collectors clubs 21 25 Requirement to keep register of transactions 23 26 Power to inspect register and stock 24 27 New section 100A inserted 24 100A Hiring and loaning of firearms by licensed firearms dealers 24 28 Application for a permit to acquire 24 29 Keeping of register 25 30 Certificate of registration 25 31 Power of Chief Commissioner to require information 25 32 Approved handgun target shooting clubs--Record keeping requirements 26 33 Approved handgun target shooting clubs--Requirements as to members 26 34 Approved firearms collectors clubs--Requirements as to members and former members 27 35 Offence to possess, carry or use a firearm on private property without consent 27 36 Certain offences as to firearms, firearm parts, silencers and prescribed items 28 37 Requirement to obtain consent of Chief Commissioner to certain alterations of firearms 28 38 New section 134AB inserted 29 134AB Offence to possess or carry certain parts without the consent of the Chief Commissioner 29 39 Section 139 substituted 29 139 Notification of change of certain details 29 40 Making false or misleading statements or using false or misleading information 30 41 Search of persons or vehicles 30 42 Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items 30 43 Power of court to make an order with respect to the disposal of a firearm, cartridge ammunition, silencer or prescribed item 31 44 Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act 31 561064B.I-22/8/2007 ii BILL LA INTRODUCTION 22/8/2007

Clause Page 45 Annual reports 31 46 New section 175 inserted 32 175 Service of notices 32 47 Deceased estates 32 48 Disclosure of information 33 49 Interstate licence holders--temporary visitors 33 50 Interstate licence holders--permanent residents 35 51 Indictable offences 35 52 Transitional provision--handgun security guard licence 35 53 New section 211 inserted 36 211 Transitional provisions--Firearms Amendment Act 2007 36 54 Schedule 1 amended 38 55 Schedule 2 amended 38 3A Handgun licences for general category handguns-- operators of private security businesses 38 56 Schedule 4 amended 38 PART 3--AMENDMENT OF OTHER ACTS 40 57 Crimes Act 1958 40 58 Firearms (Further Amendment) Act 2005 40 59 Magistrates' Court Act 1989 41 PART 4--REPEAL OF AMENDING ACT 42 60 Repeal of Act 42 ENDNOTES 43 561064B.I-22/8/2007 iii BILL LA INTRODUCTION 22/8/2007

PARLIAMENT OF VICTORIA Introduced in the Assembly Firearms Amendment Bill 2007 A Bill for an Act to amend the Firearms Act 1996 to make further provision for the regulation of firearms in Victoria, to amend the Crimes Act 1958 to make further provision regarding the use of firearms in the commission of offences and to amend the Magistrates' Court Act 1989 to enable certain indictable offences under the Firearms Act 1996 to be heard and determined summarily and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Firearms Act 1996 to further 5 provide for various matters relating to the regulation of firearms in Victoria, including-- 561064B.I-22/8/2007 1 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 1--Preliminary s. 2 (i) licences under Part 2; (ii) handgun target shooting and approved handgun target shooting clubs; (iii) firearms and the private security 5 industry; (iv) the storage of firearms; (v) hunting on Crown land; (vi) firearms collectors; (vii) firearms dealers; 10 (viii) prohibited persons; (ix) investigation, seizure and forfeiture of firearms; (x) recognition of certain interstate firearms licences and permits; 15 (xi) regulation of imitation firearms; and (b) to amend the Crimes Act 1958 to make further provision regarding the use of firearms in the commission of offences; and (c) to amend the Magistrates' Court Act 1989 20 to enable certain indictable offences under the Firearms Act 1996 to be heard and determined summarily. 2 Commencement (1) Subject to subsection (2), this Act comes into 25 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2008, it comes into operation on that day. __________________ 561064B.I-22/8/2007 2 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 3 PART 2--AMENDMENT OF FIREARMS ACT 1996 3 Definitions (1) In section 3(1) of the Firearms Act 1996-- See: Act No. 66/1996. (a) insert the following definitions-- Reprint No. 4 as at 5 "armed guard activity means the activity, 11 October performed by a person acting as a 2006 and security guard, of protecting, watching amending or guarding any property while being in Act Nos 78/2005, possession of a firearm; 97/2005, 23/2006, 10 cash-in-transit activity means the activity, 48/2006 and performed by a person acting as a 28/2007. LawToday: security guard, of collecting, www. transferring or delivering cash or other legislation. vic.gov.au valuables; 15 private security business means a business that is carried on by the holder of a private security business licence under Part 3 of the Private Security Act 2004;"; 20 (b) for the definition of antique handgun substitute-- "antique handgun means a handgun-- (a) that was manufactured before 1 January 1900; and 25 (b) that uses percussion as a means of ignition; and (c) that does not take commercially available cartridge ammunition;"; 561064B.I-22/8/2007 3 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 3 (c) after paragraph (e) of the definition of category D longarm insert-- "(f) any other firearm that is declared under section 3A(1) to be a category D 5 longarm;"; (d) after paragraph (b) of the definition of category E handgun insert-- "(c) any other firearm that is declared under section 3A(1) to be a category E 10 handgun;"; (e) after paragraph (e) of the definition of category E longarm insert-- "(f) any other firearm that is declared under section 3A(1) to be a category E 15 longarm;"; (f) in paragraph (c) of the definition of firearm, after "gunpowder" insert "or compressed air or other gases"; (g) in the definition of prohibited person-- 20 (i) in paragraph (a)(iii), for "--" substitute "; or"; and (ii) after paragraph (a)(iii) insert-- "(iiia) an offence under the Control of Weapons Act 1990--". 25 (2) In section 3(2) of the Firearms Act 1996, for "which has the appearance of a longarm but" substitute "the appearance of which could not reasonably be mistaken for that of an operable longarm or handgun and". 561064B.I-22/8/2007 4 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 4 (3) For section 3(4)(b) of the Firearms Act 1996 substitute-- "(b) the firearm-- (i) is not a handgun of a type that uses 5 percussion, or methods developed during or after the development of percussion, as a means of ignition; or (ii) is a single shot antique handgun.". 4 New section 3A inserted 10 After section 3 of the Firearms Act 1996 insert-- "3A Declarations by the Chief Commissioner for the purposes of certain definitions (1) The Chief Commissioner may, for the 15 purposes of-- (a) paragraph (f) of the definition of category D longarm; or (b) paragraph (c) of the definition of category E handgun; or 20 (c) paragraph (f) of the definition of category E longarm-- in consultation with the Minister, by instrument, declare a firearm or type of firearm to be a category D longarm, a 25 category E handgun or a category E longarm (as the case may be). (2) The Chief Commissioner must cause a declaration made under subsection (1) to be published in the Government Gazette as soon 30 as practicable after the declaration is made. 561064B.I-22/8/2007 5 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 4 (3) A declaration under subsection (1) remains in force for a period of 12 months from the day on which it is published unless it is revoked during that time by the Chief 5 Commissioner. (4) The Chief Commissioner must notify each person whom the Chief Commissioner is aware is in possession of a firearm to which a declaration under subsection (1) applies of 10 the declaration. (5) The Chief Commissioner must not make a declaration referred to in subsection (1) in respect of the same type of firearm more than once. 15 (6) If the Chief Commissioner makes a declaration under subsection (1) declaring a firearm or a type of firearm to be of a particular category and there is in force a regulation prescribing another category for 20 the firearm or type of firearm-- (a) the declaration has effect despite the regulation; and (b) the regulation is to be taken to have no force or effect for so long as the 25 declaration is in force. (7) In any proceeding for an offence under section 6(4), 6(5) or 7(2) in respect of a firearm that is declared to be a category D longarm, a category E handgun or a 30 category E longarm, it is a defence to the charge if the person has not been notified by the Chief Commissioner of the declaration under subsection (4).". 561064B.I-22/8/2007 6 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 5 5 Reasons for applying for longarm licence, category A or B In section 10(2) of the Firearms Act 1996-- (a) in paragraph (d)(i), after "Private Security 5 Act 2004" insert "that authorises him or her to perform armed guard activities or cash-in- transit activities"; (b) in paragraph (d)(ii), after "produce evidence that" insert "the applicant has a genuine 10 need for the licence because". 6 Issue of handgun licences for general category handguns (1) In section 15(1) of the Firearms Act 1996-- (a) for "a general category handgun" substitute 15 "general category handguns"; (b) after paragraph (a) insert-- "(ab) for the carrying on of a private security business that provides the services of armed guard activities or cash-in-transit 20 activities;". (2) In section 15(2) of the Firearms Act 1996-- (a) in paragraph (a)(i), after "Private Security Act 2004" insert "that authorises the applicant to perform armed guard activities 25 or cash-in-transit activities"; (b) in paragraph (a)(ii)-- (i) after "produce evidence that" insert "the applicant has a genuine need for the licence because"; 30 (ii) for "handgun;" substitute "handgun; and"; 561064B.I-22/8/2007 7 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 7 (c) after paragraph (a)(ii) insert-- "(iii) in the case of a person who carries on a private security business that provides the services of armed guard activities or 5 cash-in-transit activities, produce evidence that the applicant has a genuine need for the licence because the nature of the private security business the person carries on is such as 10 to require the carriage and use of one or more general category handguns;". (3) In section 15(4)(a) of the Firearms Act 1996, before "must not" insert "in the case of an employee of a private security business,". 15 (4) After section 15(4)(a) of the Firearms Act 1996 insert-- "(ab) in the case of an operator of a private security business, must not issue the licence for more general category handguns than are, 20 in the opinion of the Chief Commissioner, reasonably necessary for the operation of the business; and". 7 Conditions applying to handgun licences For section 16(5)(c) of the Firearms Act 1996 25 substitute-- "(c) for each specified class of handgun in which the holder possesses, carries or uses handguns in the whole or any part of the calendar year, at least 4 of the following-- 30 (i) handgun target shoots; or (ii) approved handgun target shooting matches; or 561064B.I-22/8/2007 8 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 8 (iii) a combination of handgun target shoots and handgun target shooting matches-- for that class of handgun that take place on at least 4 separate days; and". 5 8 General discretion of Chief Commissioner to refuse a longarm or handgun licence After section 17(c) of the Firearms Act 1996 insert-- "(ca) if-- 10 (i) the applicant has surrendered a handgun licence; and (ii) the applicant has received compensation for the surrender of a handgun held under that licence; and 15 (iii) the applicant does not require the licence for the reason set out in section 15(1)(a) or 15(1)(c)-- during a period of 5 years from the date of the surrender of the licence; or". 20 9 Issue of category 1 firearms collectors licences In section 21(1) of the Firearms Act 1996-- (a) in paragraph (b), for "--" substitute "; and"; (b) after paragraph (b) insert-- "(c) handguns that have been manufactured 25 before 1900, that use percussion as a means of ignition and that take cartridge ammunition that is commercially available; and (d) antique handguns (that are not single 30 shot antique handguns)--". 561064B.I-22/8/2007 9 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 10 10 Issue of category 2 firearms collectors licences For section 21A(1) of the Firearms Act 1996 substitute-- "(1) The Chief Commissioner may licence a 5 person to possess or carry-- (a) longarms; and (b) handguns that have been manufactured on or after 1 January 1947; and (c) handguns that have been manufactured 10 on or after 1 January 1900 but no later than 31 December 1946; and (d) handguns that have been manufactured before 1900, that use percussion as a means of ignition and that take 15 cartridge ammunition that is commercially available; and (e) antique handguns (that are not single shot antique handguns)-- for the purpose of collecting any such 20 firearms.". 11 Issue of antique handgun collectors licences (1) In section 21B(1) of the Firearms Act 1996, after "antique handguns" insert "(that are not single shot antique handguns)". 25 (2) In section 21B(2)(a) of the Firearms Act 1996 omit ", for at least 6 months,". 561064B.I-22/8/2007 10 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 12 12 New section 32A inserted After section 32 of the Firearms Act 1996 insert-- "32A Chief Commissioner may refuse to make a 5 decision on an application for a licence The Chief Commissioner may refuse to make a decision on an application for a licence under this Part if the applicant does not comply with any requirement of the 10 Chief Commissioner under this Part in relation to the application within a reasonable time after the requirement being made.". 13 New sections 33A, 33B and 33C inserted 15 After section 33 of the Firearms Act 1996 insert-- "33A Notice that licence may be refused (1) If the Chief Commissioner is proposing not to issue a licence under this Part for any 20 reason other than that set out in subsection (2), the Chief Commissioner must, before deciding not to issue the licence, serve on the applicant a notice-- (a) specifying the reason why the Chief 25 Commissioner is proposing not to issue the licence; and (b) inviting the applicant to make a written submission in accordance with subsection (3). 30 (2) If the Chief Commissioner is proposing not to issue a licence under this Part because he or she is satisfied that the applicant, a close associate of the applicant or, if the applicant is a body corporate, the nominated person or 35 an officer of the body corporate, is a 561064B.I-22/8/2007 11 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 13 prohibited person, the Chief Commissioner must serve on-- (a) the applicant; and (b) any of the persons referred to in this 5 subsection who the Chief Commissioner is satisfied is a prohibited person-- a notice specifying the reason why the licence is not to be issued. 10 (3) An applicant who has been served with a notice under subsection (1) may, within 28 days after the day on which the applicant is served with the notice, make a submission to the Chief Commissioner concerning any 15 reason that is specified in the notice. 33B Further consideration of application and convening of hearing (1) After receiving a submission within the time specified under section 33A(3), the Chief 20 Commissioner may-- (a) further consider the application; or (b) after giving notice to the applicant, convene a hearing to further consider the application. 25 (2) An applicant may be represented at a hearing by any person the applicant chooses, but is not entitled to receive any costs in respect of a hearing. (3) The Chief Commissioner may arrange for an 30 electronic recording of a hearing to be made. 561064B.I-22/8/2007 12 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 14 (4) The Chief Commissioner-- (a) must retain any electronic recording of a hearing for a period of no less than 3 months from the date of the hearing; 5 and (b) may destroy the recording at the end of the period under paragraph (a). 33C Refusal of licence The Chief Commissioner must not make a 10 decision not to issue a licence under this Part unless the Chief Commissioner has-- (a) considered any written submissions made by the applicant within the time specified in the notice under section 15 33A(1) for making such a submission; and (b) if a hearing is convened under section 33B, considered any oral submission made by the applicant at the hearing, if 20 the applicant has indicated to the Chief Commissioner within any time specified in the notice under section 33B(1)(b) that he or she wishes to be heard at such a hearing.". 25 14 Duration of licences (1) In section 39(1) of the Firearms Act 1996, after "that is specified in the licence" insert "unless it is sooner surrendered, suspended or cancelled". (2) In section 39(2) of the Firearms Act 1996, after 30 "that is specified in the licence" insert "unless it is sooner surrendered, suspended or cancelled". (3) In section 39(3) of the Firearms Act 1996, after "(whichever is earlier)" insert "unless it is sooner surrendered, suspended or cancelled". 561064B.I-22/8/2007 13 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 15 15 Immediate cancellation of a licence In section 46(1) of the Firearms Act 1996, after "is a prohibited person" insert "(other than for the reason referred to in paragraph (c)(i) of the 5 definition of prohibited person)". 16 New section 47A inserted After section 47 of the Firearms Act 1996 insert-- "47A Suspension of licence--certain prohibited 10 persons (1) Immediately on becoming aware that the holder of a licence under this Part is a prohibited person for the reason referred to in paragraph (c)(i) of the definition of 15 prohibited person, the Chief Commissioner must suspend the holder's licence. (2) If the holder of a licence that has been suspended under subsection (1) makes an application under section 189 within 20 3 months of the suspension, the suspension remains in force until the outcome of the application has been finally determined, or if the Chief Commissioner must cancel the licence under section 49(4), until the 25 cancellation takes effect.". 17 Power of Chief Commissioner to cancel licence under this Part After section 49(3) of the Firearms Act 1996 insert-- 30 "(4) The Chief Commissioner must cancel a licence that has been suspended under section 47A(1) on the expiry of 3 months after the suspension of the licence, unless the holder of the licence makes an application 35 under section 189 for a declaration referred 561064B.I-22/8/2007 14 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 18 to in subsection (1)(c) or (1)(d) of that section before the expiry of the 3 month period. (5) In the case of a person whose licence has 5 been suspended and who makes an application under section 189, the Chief Commissioner must cancel the licence unless-- (a) the court makes a declaration referred 10 to in subsection (1)(c); or (b) the court makes a declaration referred to in subsection (1)(d) deeming the holder of the licence to be a prohibited person for limited purposes and the 15 purpose for which the person is deemed not to be a prohibited person is the purpose for which the licence is issued.". 18 New section 52AA inserted 20 After section 52 of the Firearms Act 1996 insert-- "52AA Chief Commissioner to notify approved handgun target shooting club or employer of certain events 25 (1) If the Chief Commissioner cancels, suspends or suspends and subsequently decides not to cancel a licence under any of the following sections, the Chief Commissioner must, as soon as practicable after cancelling, 30 suspending or deciding not to cancel a licence, give notice of the cancellation, suspension or subsequent decision not to cancel to any person, of whom the Chief Commissioner is aware, who employs the 35 holder of the licence to perform duties for which the licence is required-- 561064B.I-22/8/2007 15 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 19 (a) section 15(1)(a) or 15(1)(c); or (b) section 10(1)(c), 10(1)(d) or 10(1)(e); or (c) section 10(1)(b) for the purpose set out 5 in section 10(2)(b)(iv). (2) If the Chief Commissioner cancels, suspends or suspends and subsequently decides not to cancel a licence under any of the following sections, the Chief Commissioner must, as 10 soon as practicable after cancelling, suspending or deciding not to cancel a licence, give notice of the cancellation, suspension or subsequent decision not to cancel to each club of which the Chief 15 Commissioner is aware that the holder of the licence is a member for purposes related to the reason for which he or she is the holder of the licence-- (a) section 15(1)(b) or 15(1)(d); or 20 (b) section 10(1)(a); or (c) section 10(1)(b) for the purpose set out in section 10(2)(b)(ia); or (d) section 18(1); or (e) section 21(1), 21A(1), 21B(1) or 25 28(1).". 19 Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence not complied with After section 53B(3) of the Firearms Act 1996 30 insert-- "(4) If a person has surrendered a handgun or ammunition under this section or if a handgun or ammunition has been seized from a person under this section, that person 561064B.I-22/8/2007 16 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 20 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 52B.". 5 20 Disclosure of information (1) In section 54(2) of the Firearms Act 1996, for "Chief Commissioner on" substitute "Chief Commissioner in". (2) In section 54(3)(a) of the Firearms Act 1996, 10 after "the person" insert "and the person who has given the instruction". (3) For section 54(4) of the Firearms Act 1996 substitute-- "(4) As part of a notification under subsection 15 (2), the Chief Commissioner may require the person giving the notification to make a declaration-- (a) that he or she has questioned the person as to whether or not the person is a 20 prohibited person; and (b) that he or she has questioned the person as to the number of occasions on which the person has received instruction in the use of a general category handgun; 25 and (c) that based on the answers he or she received in response to those questions, and on any other relevant facts available to him or her-- 30 (i) whether or not he or she believes that the person is a prohibited person; and 561064B.I-22/8/2007 17 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 21 (ii) the number of occasions on which he or she believes that the person has received instruction in the use of a general category handgun.". 5 (4) After section 54(5) of the Firearms Act 1996 insert-- "(6) A person who is questioned under subsection (4) must not knowingly or recklessly give false information in response to a question 10 asked of him or her under that subsection. Penalty: 120 penalty units or 2 years imprisonment.". 21 Permits to display firearms or ammunition collections 15 After section 56(1) of the Firearms Act 1996 insert-- "(1A) The Chief Commissioner must not grant a permit under subsection (1) to the holder of a firearms collectors licence to display 20 firearms or cartridge ammunition at a premises, if an approved firearms collectors club has been granted a permit under section 56A(1) that specifies the premises and the licence holder's name.". 25 22 New section 56A inserted After section 56 of the Firearms Act 1996 insert-- "56A Permits to display firearms or ammunition collections--Approved 30 firearms collectors clubs (1) The Chief Commissioner may grant a permit to an approved firearms collectors club that authorises each holder of a firearms collectors licence, whose name and licence 35 number is specified in the permit, to display 561064B.I-22/8/2007 18 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 22 firearms and cartridge ammunition possessed or carried under his or her licence at the premises specified in the permit. (2) The Chief Commissioner may grant a permit 5 under subsection (1), if the Chief Commissioner is satisfied that the arrangements made for the secure storage of the firearms and cartridge ammunition while on display are adequate. 10 (3) A person who holds a firearms collectors licence and who displays firearms and cartridge ammunition at the premises specified in a permit granted under subsection (1) does not commit an offence 15 under section 6, 7 or 8 or Part 6 when acting under or in accordance with the permit. (4) A permit authorises-- (a) display of the firearms or cartridge ammunition at the premises specified in 20 the permit and for the period specified in the permit; and (b) carriage of the firearms or cartridge ammunition for the purposes of the display. 25 (5) A permit to display firearms or cartridge ammunition at the premises specified in the licence is subject to the conditions fixed in the permit. (6) The Chief Commissioner may impose any 30 conditions on the permit that the Chief Commissioner thinks fit. (7) The conditions that the Chief Commissioner may impose on the permit under this section may include conditions for or with respect 35 to-- 561064B.I-22/8/2007 19 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 22 (a) the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to such cancellation or suspension; and 5 (b) the length or term of the permit and any related matters. (8) An application for a permit must-- (a) be made in the manner and form approved by the Chief Commissioner; 10 and (b) be accompanied by the name and licence number of each holder of a firearms collectors licence who proposes to display firearms and 15 cartridge ammunition at the premises specified in the permit. (9) The applicant must pay the prescribed fee for such a permit. (10) The holder of the permit must comply with 20 the permit. Penalty: 60 penalty units or 12 months imprisonment. (11) A licence holder whose name is specified in the permit must comply with the permit. 25 Penalty: 60 penalty units or 12 months imprisonment. (12) The holder of the permit must, before any firearms or cartridge ammunition are displayed under the permit, notify in writing 30 each licence holder whose name is specified in the permit of the conditions to which the permit is subject (if any). Penalty: 60 penalty units or 12 months imprisonment.". 561064B.I-22/8/2007 20 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 23 23 Permits to carry or use firearms held under a collectors licence After section 58(1) of the Firearms Act 1996 substitute-- 5 "(1A) The Chief Commissioner must not grant a permit under subsection (1) to the holder of a firearms collectors licence to carry or use a category A, B or C longarm or a general category handgun held under the licence at a 10 commemorative or historical event if an approved firearms collectors club has been granted a permit under section 58AAA(1) for the commemorative or historical event to be specified in the permit which specifies the 15 licence holder's name.". 24 New section 58AAA inserted After section 58 of the Firearms Act 1996 insert-- "58AAA Permits to carry or use firearms held 20 under a collectors licence--approved firearms collectors clubs (1) The Chief Commissioner may grant a permit to an approved firearms collectors club that authorises each holder of a firearms 25 collectors licence, whose name and licence number is specified in the permit, to carry or use any firearm possessed or carried under his or her firearms collectors licence at a commemorative or historical event approved 30 by the Chief Commissioner and held at an approved shooting range. (2) A person who is the holder of a firearms collectors licence and who carries or uses any firearm held under a firearms collectors 35 licence at a commemorative or historical event in respect of which a permit has been 561064B.I-22/8/2007 21 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 24 granted under subsection (1), does not commit an offence under section 6 or 7 when acting under and in accordance with the permit. 5 (3) The Chief Commissioner may impose any conditions on the permit that the Chief Commissioner thinks fit. (4) The conditions that the Chief Commissioner may impose on the permit under this section 10 may include conditions for or with respect to-- (a) the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related 15 to such cancellation or suspension; and (b) the length or term of the permit and any related matters. (5) An application for a permit must-- (a) be made in the manner and form 20 approved by the Chief Commissioner; and (b) be accompanied by the name and licence number of each holder of a firearms collectors licence who 25 proposes to carry or use any firearm held under his or her licence at a commemorative or historical event specified in the permit. (6) The applicant must pay the prescribed fee for 30 such a permit. (7) The holder of the permit must comply with the permit. Penalty: 120 penalty units or 2 years imprisonment. 561064B.I-22/8/2007 22 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 25 (8) A licence holder whose name is specified in the permit must comply with the permit. Penalty: 120 penalty units or 2 years imprisonment. 5 (9) The holder of the permit must, before the commemorative or historical event in respect of which the permit is issued, notify in writing each licence holder whose name is specified in the permit of the conditions to 10 which the permit is subject (if any). Penalty: 60 penalty units or 12 months imprisonment.". 25 Requirement to keep register of transactions (1) In section 87(1)(b) of the Firearms Act 1996, 15 after "disposed of" insert ", hired or loaned". (2) After section 87(5) of the Firearms Act 1996 insert-- "(6) A person whose dealers licence has expired or has been suspended or cancelled must-- 20 (a) keep the register of transactions in which he or she has kept his or her transactions for a period of 5 years after the last entry has been made in the register; or 25 (b) surrender the register of transactions kept by him or her to the Chief Commissioner of Police at any time during the period of 5 years after his or her licence expired or was suspended or 30 cancelled. Penalty: 30 penalty units.". 561064B.I-22/8/2007 23 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 26 26 Power to inspect register and stock At the end of section 89 of the Firearms Act 1996 insert-- "(2) A member of the police force may inspect 5 the register of transactions kept by a person under section 87(6) at any reasonable time.". 27 New section 100A inserted After section 100 of the Firearms Act 1996 insert-- 10 "100A Hiring and loaning of firearms by licensed firearms dealers A licensed firearms dealer must not hire or loan a firearm to a person unless-- (a) the person is the holder of a licence that 15 authorises the person to possess, carry or use the type of firearm sought to be hired or loaned; and (b) 28 days or more have expired since the issue of the licence referred to in 20 paragraph (a); and (c) the person possesses a registered firearm under the licence, that has been acquired before the hiring or loan takes place. 25 Penalty: 120 penalty units or 2 years imprisonment.". 28 Application for a permit to acquire After section 106(1) of the Firearms Act 1996 insert-- 30 "(1A) An application must specify the address where it is proposed that the firearm will ordinarily be stored.". 561064B.I-22/8/2007 24 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 29 29 Keeping of register (1) In section 113(3) of the Firearms Act 1996, after "firearms register" insert "(to the extent that the particulars are known to the Chief 5 Commissioner)". (2) After section 113(3)(c) of the Firearms Act 1996 insert-- "(ca) the address at which the firearm is ordinarily stored; and". 10 30 Certificate of registration At the end of section 117 of the Firearms Act 1996 insert-- "(2) Despite subsection (1), the Chief Commissioner is not required to issue a 15 certificate of registration in respect of a firearm if the Chief Commissioner is not aware of the person who possesses the firearm or of the licence particulars of the person who possesses the firearm.". 20 31 Power of Chief Commissioner to require information For section 119(1) of the Firearms Act 1996 substitute-- "(1) The Chief Commissioner may, by notice in 25 writing addressed to the holder of a licence under this Act, require the holder to give the Chief Commissioner any information relating to the acquisition, disposal, possession, hiring or loaning of-- 30 (a) firearms, firearm parts, silencers or prescribed items under the licence that are specified in the notice; or 561064B.I-22/8/2007 25 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 32 (b) firearms, firearms parts, silencers or prescribed items that have been manufactured by the holder of the licence.". 5 32 Approved handgun target shooting clubs--Record keeping requirements In section 123B(3) of the Firearms Act 1996-- (a) in paragraph (d), for "time." substitute "time; and"; 10 (b) after paragraph (d) insert-- "(e) kept in an accurate and legible manner; and (f) made as soon as reasonably practicable after-- 15 (i) the approved handgun target shooting match or handgun target shoot to which the record relates takes places; or (ii) the application to which the record 20 relates is made.". 33 Approved handgun target shooting clubs-- Requirements as to members (1) In sections 123D(1) and 123D(1A) of the Firearms Act 1996, after "handgun target 25 shooting match" insert "or handgun target shoot". (2) In section 123D(4) of the Firearms Act 1996-- (a) in paragraph (b), for "so." substitute "so; and"; (b) after paragraph (b) insert-- 30 "(c) of the name of any person who has surrendered his or her membership or who has had his or her membership suspended or cancelled, within 7 days 561064B.I-22/8/2007 26 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 34 of that surrender, suspension or cancellation.". 34 Approved firearms collectors clubs--Requirements as to members and former members 5 (1) In the heading to section 123L of the Firearms Act 1996, after "as to members" insert "and former members". (2) After section 123L(1) of the Firearms Act 1996 insert-- 10 "(1A) An approved firearms collectors club must notify the Chief Commissioner of the name of any person who has surrendered his or her membership or who has had his or her membership suspended or cancelled, within 15 7 days of that surrender, suspension or cancellation.". 35 Offence to possess, carry or use a firearm on private property without consent After section 131(3) of the Firearms Act 1996 20 insert-- "(4) Despite subsection (1), a person-- (a) who is possessing or carrying a firearm under a licence under this Act; and (b) who is crossing Crown land over which 25 there is a licence, for the purpose of hunting in accordance with the Wildlife Act 1975 on land that can only be accessed by passage over the Crown land-- 30 is not required to obtain the consent of the holder of the licence over the Crown land.". 561064B.I-22/8/2007 27 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 36 36 Certain offences as to firearms, firearm parts, silencers and prescribed items (1) Insert the following heading to section 134 of the Firearms Act 1996-- 5 "Certain offences as to firearms, firearm parts, silencers and prescribed items". (2) After section 134(3) of the Firearms Act 1996 insert-- "(4) A person must not destroy, or render 10 inoperable, a firearm, firearm part, silencer or prescribed item unless that person does so in a manner approved by the Chief Commissioner. Penalty: 240 penalty units or 4 years 15 imprisonment.". 37 Requirement to obtain consent of Chief Commissioner to certain alterations of firearms At the end of section 134A of the Firearms Act 1996 insert-- 20 "(2) A person must not increase the magazine capacity of a firearm if the increase in the magazine capacity would cause the firearm to become a different category of firearm unless, before doing so, the person obtains 25 the consent of the Chief Commissioner. Penalty: 60 penalty units.". 561064B.I-22/8/2007 28 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 38 38 New section 134AB inserted After section 134A of the Firearms Act 1996 insert-- "134AB Offence to possess or carry certain parts 5 without the consent of the Chief Commissioner A person must not possess or carry a part of a firearm that is capable of being used to alter the category of a firearm in the person's 10 possession, carriage or use so that the firearm becomes a different category of firearm to that which the person is authorised to possess, carry or use under his or her licence-- 15 (a) without lawful excuse; or (b) unless before doing so, the person obtains the consent of the Chief Commissioner. Penalty: 30 penalty units.". 20 39 Section 139 substituted For section 139 of the Firearms Act 1996 substitute-- "139 Notification of change of certain details The holder of a licence or permit under this 25 Act must notify the Chief Commissioner in writing of any change to the following details-- (a) the address which appears on the licence or permit; and 30 (b) the holder's permanent place of residence; and (c) the holder's postal address; and 561064B.I-22/8/2007 29 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 40 (d) the address where any firearm held under the licence is ordinarily stored; and (e) if the holder is a licensed firearms 5 dealer, the address where he or she carries on the business to which the licence relates-- within 14 days after the change occurs. Penalty: 30 penalty units.". 10 40 Making false or misleading statements or using false or misleading information After section 140A(2) of the Firearms Act 1996 insert-- "(3) A person must not knowingly or recklessly 15 make a statement in support of the application of another person under this Act which is false or misleading in any material particular. Penalty: 240 penalty units or 4 years 20 imprisonment.". 41 Search of persons or vehicles In section 149(1), (2) and (4) of the Firearms Act 1996, for "firearm or cartridge ammunition" (wherever occurring) substitute "firearm, 25 cartridge ammunition, silencer or prescribed item". 42 Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items (1) Insert the following heading to section 151 of the 30 Firearms Act 1996-- "Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items". 561064B.I-22/8/2007 30 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 43 (2) In section 151(1) of the Firearms Act 1996, for "firearm and cartridge ammunition" substitute "firearm, cartridge ammunition, silencer or prescribed item". 5 (3) In section 151(2) of the Firearms Act 1996, for "firearm" substitute "firearm, cartridge ammunition, silencer or prescribed item". 43 Power of court to make an order with respect to the disposal of a firearm, cartridge ammunition, 10 silencer or prescribed item (1) Insert the following heading to section 153 of the Firearms Act 1996-- "Power of court to make an order with respect to the disposal of a firearm, cartridge 15 ammunition, silencer or prescribed item". (2) In section 153 of the Firearms Act 1996, for "firearm or cartridge ammunition" (wherever occurring) substitute "firearm, cartridge ammunition, silencer or prescribed item". 20 44 Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act In sections 153A(1)(a) and (1)(e) and 153A(1B) of the Firearms Act 1996, for "firearm or 25 cartridge ammunition" substitute "firearm, cartridge ammunition, silencer or prescribed item". 45 Annual reports In section 153C(1)(b) and 2(b) of the Firearms 30 Act 1996, for "firearms and cartridge ammunition" substitute "firearms, cartridge ammunition, silencers and prescribed items". 561064B.I-22/8/2007 31 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 46 46 New section 175 inserted Before section 176 of the Firearms Act 1996 insert-- "175 Service of notices 5 (1) If by or under this Act the Chief Commissioner serves a notice by post, the notice must be served on the person to be served by sending it by post addressed to the person at the person's last place of residence 10 or business known to the Chief Commissioner. (2) Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 15 1984, a notice served by post in accordance with subsection (1) is deemed to be served 21 days after the date of the notice. (3) For the purposes of subsection (2), evidence to the contrary includes but is not limited to 20 evidence that the person to be served had notified the Chief Commissioner of any change to his or her place of residence or business before the date of the notice.". 47 Deceased estates 25 (1) For section 180(1) of the Firearms Act 1996 substitute-- "(1) The executor or administrator of an estate of a person who has died in possession of a firearm does not commit an offence against 30 this Act if the executor or administrator, for a period of 6 months after the death of the person, retains possession of the firearm, carries the firearm and for the purpose of disposing of the firearm-- 561064B.I-22/8/2007 32 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 48 (a) stores the firearm in accordance with Part 6; or (b) arranges for a licensed firearms dealer to store the firearm on his or her behalf; 5 or (c) arranges for a holder of a licence under Part 2 whose licence permits the possession, carriage or use of that type of firearm to store the firearm on his or 10 her behalf.". (2) In section 180(2) of the Firearms Act 1996, after "who possessed the firearm" insert "as soon as practicable after becoming aware of the person's death". 15 48 Disclosure of information After section 181(2)(b) of the Firearms Act 1996 insert-- "(ba) any approved handgun target shooting club or approved firearms collectors club (as the 20 case requires) of which the applicant has been a member at any time during the 12 months immediately before the application was made;". 49 Interstate licence holders--temporary visitors 25 (1) After section 185(1) of the Firearms Act 1996 insert-- "(1AA) For the purposes of subsection (1), taking part in a shooting competition includes taking part in the competition as an 30 instructor, referee, supervisor, competition judge or range officer.". 561064B.I-22/8/2007 33 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 49 (2) After section 185(3) of the Firearms Act 1996 insert-- "(4) A person who-- (a) is the holder of a licence or permit in 5 another State or a Territory which authorises the possession, carriage or use of a paintball marker for the reason of participating in paintball gaming activities; and 10 (b) ordinarily resides in the other State or Territory-- is deemed to be the holder of a corresponding licence under this Act for the reason of participating in paintball gaming 15 activities in accordance with this Act. (5) A person who-- (a) is the holder of a licence or permit in another State or Territory which authorises the person to possess, carry 20 or use a general category handgun for the occupation of security guard; and (b) ordinarily resides in the other State or Territory-- is deemed to be the holder of a 25 corresponding licence under this Act for the purposes of acting as a security guard on a temporary basis in accordance with this Act.". 561064B.I-22/8/2007 34 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 50 50 Interstate licence holders--permanent residents After section 187(2) of the Firearms Act 1996 insert-- "(3) A person who-- 5 (a) is the holder of a licence or permit in another State or Territory which corresponds with a paintball marker licence; and (b) has notified the Chief Commissioner 10 that he or she intends to permanently reside in Victoria-- is, for a period of 3 months after that notification is given, deemed to be-- (c) the holder of a paintball marker licence; 15 and (d) authorised under that licence to possess, carry or use a paintball marker.". 51 Indictable offences In section 189A of the Firearms Act 1996-- 20 (a) after "121(3)," insert "121(3A),"; (b) after "127A(1)," insert "129A,"; (c) for "138 and 140A(2)" substitute "138, 140A(1), (2) and (3)". 52 Transitional provision--handgun security guard 25 licence (1) In sections 210(1)(c) and 210(2)(c) of the Firearms Act 1996, after "under the licence" insert "that is not restricted ammunition to which paragraph (a) of the definition of restricted 30 ammunition applies, which is possessed, carried or used in the course of training as a security guard". 561064B.I-22/8/2007 35 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 53 (2) In section 210(3)(c) of the Firearms Act 1996, after "under the licence" insert "in the circumstances in which authority is required under subsection (1) or (2)". 5 53 New section 211 inserted After section 210 of the Firearms Act 1996 insert-- "211 Transitional provisions--Firearms Amendment Act 2007 10 (1) The amendment made to this Act by section 7 of the Firearms Amendment Act 2007 applies to any handgun licence that was in force immediately before the commencement of that section. 15 (2) The amendments made to this Act by sections 5(b), 6(2)(b) and (c), 12 and 13 of the Firearms Amendment Act 2007 apply to any application for a licence under Part 2 that was made, but not finally decided, 20 before the commencement of that section. (3) The amendments made to this Act by section 14 of the Firearms Amendment Act 2007 apply to a licence under Part 2 that was in force immediately before the 25 commencement of that section. (4) The amendment made to this Act by section 28 of the Firearms Amendment Act 2007 does not apply to applications made before the commencement of that section. 30 (5) Subject to subsection (6), the amendments made to this Act by section 9, 10 or 11(1) of the Firearms Amendment Act 2007 are not to be taken to affect a licence issued under section 21, 21A or 21B and in force 35 immediately before the commencement of 561064B.I-22/8/2007 36 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 53 section 9, 10 or 11(1) of the Firearms Amendment Act 2007 (as the case requires). (6) A licence issued under section 21B that authorises the possession or carriage of 5 firearms that-- (a) were manufactured before 1 January 1900; and (b) that use percussion as a means of ignition; and 10 (c) that take cartridge ammunition that is commercially available-- and in force immediately before the commencement of section 3(1)(b) of the Firearms Amendment Act 2007, is to be 15 taken to continue in force as if section 3(1)(b) had not been enacted, unless the licence sooner expires or is sooner cancelled or surrendered. (7) The amendments made-- 20 (a) to this Act by sections 51(a) and 51(b) of the Firearms Amendment Act 2007; and (b) to Schedule 4 of the Magistrates' Court Act 1989 by sections 59(1) and 25 59(2) of the Firearms Amendment Act 2007-- apply only to offences alleged to have been committed on or after the commencement of those sections. 30 (8) For the purposes of subsection (7), if an offence is alleged to have been committed between two dates, one before and one after the commencement of sections 51(a), 51(b), 59(1) and 59(2) of the Firearms 35 Amendment Act 2007, the offence is 561064B.I-22/8/2007 37 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 54 alleged to have been committed before the commencement of those sections.". 54 Schedule 1 amended After condition 3 in Schedule 1 to the Firearms 5 Act 1996 insert-- "4 The holder of the licence must notify the Chief Commissioner of any change to the reason for which the holder's licence was issued within 7 days of becoming aware of 10 the change.". 55 Schedule 2 amended (1) In item 1(5A)(a) of Schedule 2 to the Firearms Act 1996 omit "or an approved location of a paintball activity". 15 (2) After item 3 of Schedule 2 to the Firearms Act 1996 insert-- "3A Handgun licences for general category handguns--operators of private security businesses 20 If the holder of a licence is authorised to carry or use one or more firearms for the purposes of operating a private security business, that holder must ensure that each firearm is registered to the holder's name.". 25 (3) In item 5(12) of Schedule 2 to the Firearms Act 1996, for "5(5) and (6)" substitute "5(7) and (8)". 56 Schedule 4 amended (1) For items 1(2) and 2(2) of Schedule 4 to the Firearms Act 1996 substitute-- 30 "(2) If more than 15 firearms are stored on the premises where the firearm is stored, the premises must be fitted with an intruder alarm system-- 561064B.I-22/8/2007 38 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 2--Amendment of Firearms Act 1996 s. 56 (a) the installation, maintenance and operation of which complies with Australian Standard 2201.1:2007 (as amended from time to time); and 5 (b) which, in the event of an intrusion, activates an audible alarm warning device and an external visible alarm warning light.". (2) After items 1(3) and 2(3) of Schedule 4 to the 10 Firearms Act 1996 insert-- "(4) Subject to section 121, a firearm that is possessed, carried or used by a holder of a handgun security guard licence who is employed as a security guard must be stored 15 by the person who employs the holder of the licence as a security guard at premises belonging to, or occupied by, the employer.". (3) In item 3(2) of Schedule 4 to the Firearms Act 1996, for "the premises must be fitted with an 20 effective alarm system of a class approved by the Chief Commissioner" substitute-- "the premises must be fitted with an intruder alarm system-- (c) the installation, maintenance and operation 25 of which complies with Australian Standard 2201.1:2007 (as amended from time to time); and (d) which, in the event of an intrusion, activates an audible alarm warning device and an 30 external visible alarm warning light.". __________________ 561064B.I-22/8/2007 39 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 3--Amendment of Other Acts s. 57 PART 3--AMENDMENT OF OTHER ACTS See: 57 Crimes Act 1958 Act No. 6231. Reprint No. 19 For section 31A(1) of the Crimes Act 1958 as at substitute-- 1 December 5 2006 "(1) A person who is found guilty of an indictable and amended by offence and who carried-- Act Nos 16/2004, (a) a firearm (within the meaning of the 97/2005, Firearms Act 1996); or 23/2006, 48/2006, 50/2006 and (b) an imitation firearm (within the 10 32/2007. meaning of section 29(3)(b))-- LawToday: www. when committing the offence is guilty of a legislation. vic.gov.au further offence and is liable to level 6 imprisonment (5 years maximum).". See: 58 Firearms (Further Amendment) Act 2005 Act No. 78/2005 as 15 amended by In section 65 of the Firearms (Further Act No. Amendment) Act 2005, after proposed section 49/2006. Statute Book: 57A(1) insert-- www. legislation. "(1A) Subsection (1) does not apply to the holder vic.gov.au of a handgun security guard licence who 20 possesses, carries or uses restricted ammunition that is not factory manufactured for a handgun which he or she possesses, carries or uses under the licence, in the course of training as a security guard.". 561064B.I-22/8/2007 40 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 3--Amendment of Other Acts s. 59 59 Magistrates' Court Act 1989 See: Act No. (1) In clause 49Q of Schedule 4 to the Magistrates' 51/1989. Court Act 1989, after "121(3)" insert "and (3A)". Reprint No. 13 as at 15 August (2) After clause 49UA of Schedule 4 to the 2007 5 Magistrates' Court Act 1989 insert-- and amending "49UAB Offence for unlicensed person to store in Act Nos 77/2004, an insecure manner 62/2005, 51/2006 and Offences under section 129A of the 36/2007. Firearms Act 1996.". LawToday: www. legislation. 10 (3) In clause 49ZB of Schedule 4 to the Magistrates' vic.gov.au Court Act 1989, for "140A(2)" substitute "140A(1), (2) or (3)". __________________ 561064B.I-22/8/2007 41 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Part 4--Repeal of Amending Act s. 60 PART 4--REPEAL OF AMENDING ACT 60 Repeal of Act This Act is repealed on 1 January 2009. 561064B.I-22/8/2007 42 BILL LA INTRODUCTION 22/8/2007

Firearms Amendment Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561064B.I-22/8/2007 43 BILL LA INTRODUCTION 22/8/2007

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