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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Firearms (Trafficking and Handgun Control) Act
2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
PART 2--AMENDMENTS TO THE FIREARMS ACT 1996 4
3. Definitions 4
4. Increase in penalty for possession, carriage or use of firearm by
prohibited person 9
5. Possession, carriage or use of longarms 10
6. Insertion of new section 6A 11
6A. Offence to possess, carry or use an unregistered
longarm 11
7. Substitution of section 7 12
7. Offence for non-prohibited person to possess, carry or
use a handgun without a licence 12
8. Insertion of new sections 7A to 7C 14
7A. Offence for holder of a general category handgun
licence to possess carry or use certain types of handguns
under the licence 14
7B. Offence to possess, carry or use an unregistered
handgun 17
7C. Possession of a traffickable quantity of unregistered
firearms 17
9. Issue of general category handgun licences 18
10. Further conditions applying to general category handgun
licences 19
11. Insertion of new sections 16A and 16B 21
16A. Issue of handgun licences for category E handguns 21
16B. Conditions applying to handgun licences for category E
handguns 22
12. Discretion of Chief Commissioner to refuse a handgun licence 22
13. Junior licences 22
14. Further conditions applying to junior licences 23
15. Alteration of reference to handguns in section 20 25
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16. Category 1 firearms collectors licences 25
17. Insertion of new section 21A 26
21A. Issue of category 2 firearms collectors licences 26
18. Conditions on firearms collectors licences 27
19. Category of handgun that may be removed from collectors
register 28
20. Limitation on review of decision of Chief Commissioner not to
issue licence 28
21. Requirement to comply with licence conditions for general
category and category E handgun licences 28
22. Disposal of general category and category E handguns where
licence not renewed 28
23. Power of Chief Commissioner to cancel a general category
handgun licence for failure to comply with certain conditions 29
24. Limitation of power to apply to Committee for review of licence
cancellation for general category handgun licences 30
25. Notice of decision to cancel general category handgun licence 30
26. Insertion of new sections 52A and 52B 31
52A. Power of Chief Commissioner to require the holder of
a general category handgun licence to surrender certain
handguns for failure to comply with participation
condition 31
52B. Power of Chief Commissioner to require the holder of a
category 1 or category 2 firearms collectors licence to
surrender certain handguns for failure to comply with
certain conditions 32
27. Insertion of new sections 53A and 53B 32
53A. Surrender of handguns for failure to comply with
participation condition 32
53B. Surrender of handguns where certain conditions of
category 1 or category 2 firearms collectors licence not
complied with 34
28. Requirement for certain exempt persons to notify the Chief
Commissioner 35
29. Permits for collectors to carry or use handguns 36
30. Insertion of new sections 58A 36
58A. Permits to carry or use general category handguns during
probationary period 36
31. Discretion of Chief Commissioner to refuse to issue dealers
licence 38
32. Application by natural person for dealers licence 38
33. Application by body corporate for a dealers licence 38
34. Application for renewal of a dealers licence 39
35. Discretion of Chief Commissioner to refuse to renew dealers
licence 40
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36. Insertion of new sections 75A and 75B 40
75A. Requirement to notify Chief Commissioner of close
associates 40
75B. Offence to employ prohibited persons in management of
business 41
37. Power to cancel dealers licence 41
38. Acquisition of handguns by dealers 41
39. Disposal of handguns by dealers 42
40. Penalties for unauthorised acquisition of firearms 42
41. Penalties for unauthorised disposal of firearms 43
42. Acquisition of handguns from outside the State 44
43. Disposal of handguns to a place outside the State 44
44. Insertion of new sections 101A and 101B 45
101A. Prohibition on the acquisition or disposal of traffickable
quantities of firearms 45
101B. Prohibition on providing financial accommodation for
the illegal acquisition or disposal of firearms 45
45. Acquisition of handguns without a permit 47
46. Discretion of Chief Commissioner to refuse to issue permit to
acquire for handguns 48
47. Insertion of new sections 119A and 119B 49
119A. Power of Chief Commissioner to require firearm to
have a serial number 49
119B. Application to have serial number affixed by a method
other than stamping 50
48. Production of firearm for inspection 51
49. Storage of handguns 51
50. Insertion of new section 121A 51
121A. Permit to store handguns 51
51. Storage of firearms under collectors licences 53
52. Storage of handguns under a dealers licence 53
53. Insertion of new Part 6A 54
PART 6A--APPROVED CLUBS 54
Division 1--Approved Handgun Target Shooting Clubs 54
123A. Power of the Chief Commissioner to approve handgun
target shooting clubs 54
123B. Approved handgun target shooting clubs--Record
keeping requirements 54
123C. Approved handgun target shooting clubs--Annual
reports 55
123D. Approved handgun target shooting clubs--Requirements
as to members 56
123E. Approved handgun target shooting clubs--Reports to the
Chief Commissioner as to unfit members 59
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123F. Approved handgun target shooting clubs--Power to
endorse applications for general category handgun
licences 59
123G. Approved handgun target shooting clubs--Power to
endorse applications for permits to acquire 60
Division 2--Approved Firearms Collectors Clubs 61
123H. Power of the Chief Commissioner to approve firearms
collectors clubs 61
123I. Approved firearms collectors clubs--Power to endorse
applications for firearms collectors licences 61
123J. Approved firearms collectors clubs--Power to endorse
applications for permits to acquire 62
123K. Approved firearms collectors clubs--Reports to the
Chief Commissioner as to unfit members 63
123L. Approved firearms collectors clubs--Requirements as to
members 63
Division 3--General provisions applying to approvals under
this Part 65
123M. Application for an approval under this Part 65
123N. Requirement to nominate officers 65
123O. Review of decision to refuse an approval under this Part 66
123P. Conditions for an approval under this Part 66
123Q. Review of decision to vary the conditions of an
approval under this Part 66
123R. Duration of an approval under this Part 66
123S. Renewal of an approval under this Part 67
123T. Power of the Chief Commissioner to renew an approval
under this Part 67
123U. Review of a decision not to renew an approval under
this Part 67
123V. Power of Chief Commissioner to cancel an approval
under this Part 68
123W. Review of decision to cancel an approval under this
Part 68
54. Insertion of new section 124AA 68
124AA. Conspiring to commit and aiding the commission of an
offence outside Victoria 68
55. Possession of cartridge ammunition 69
56. Safekeeping of handguns while being carried or used 69
57. Access to and carriage or use of handgun by person other than
possessor 70
58. Insertion of new section 127A 70
127A. Offence to use firearms held under a firearms collectors
licence 70
59. Increase of penalty 71
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60. Insertion of new sections 134A, 134B and 134C 71
134A. Requirement to obtain consent of Chief Commissioner
to certain alterations of firearms 71
134B. Requirement to notify Chief Commissioner of certain
alterations to firearms 71
134C. Offence to possess a firearm that has been altered in a
particular way 72
61. Offence to own firearm without a licence to possess 72
62. False or misleading information 72
63. Restrictions on delegation powers of the Chief Commissioner 73
64. Insertion of new section 176A 73
176A. Annual Report of Chief Commissioner 73
65. Disclosure of information 73
66. Insertion of new section 181A 74
181A. Requirement for Chief Commissioner to disclose certain
information to certain approved clubs 74
67. Immunity from liability 75
68. Interstate handgun licence holders 76
69. Indictable offences 77
70. Supreme Court--Limitation of jurisdiction 77
71. Regulation making powers 77
72. Insertion of new sections 200A to 200D 78
200A. Transitional provision--Firearms (Trafficking and
Handgun Control) Act 2003--dealers licences 78
200B. Transitional provision--Firearms (Trafficking and
Handgun Control) Act 2003--handgun licences 78
200C. Transitional provision--Firearms (Trafficking and
Handgun Control) Act 2003--applications for
handgun licences 78
200D. Transitional provision--Firearms (Trafficking and
Handgun Control) Act 2003--firearms collectors
licences 79
73. Special conditions for handgun licences 79
74. Persons exempt from the requirement to hold a handgun licence
for general category handguns 80
75. Storage requirements for general category handguns 82
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989 83
76. Amendments to Schedule 4 to the Magistrates' Court Act 1989 83
ENDNOTES 85
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PARLIAMENT OF VICTORIA
Initiated in Assembly 26 February 2003
As amended by Assembly 20 March 2003
A BILL
to amend the Firearms Act 1996, the Magistrates' Court Act 1989
and for other purposes.
Firearms (Trafficking and Handgun
Control) Act 2003
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--
5 (i) create new offences;
(ii) increase penalties for existing offences;
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 1--Preliminary
s. 1
(iii) restrict the circumstances in which
handguns can be used;
(iv) restrict the classes of handguns for
which persons may be licensed;
5 (v) increase the requirements to be satisfied
before licences for handguns may be
issued;
(vi) prescribe further conditions for licences
on handguns;
10 (vii) make further provision for approvals
for handgun target shooting clubs and
firearms collectors clubs;
(viii) prescribe certain requirements to be
complied with by handgun target
15 shooting clubs and firearms collectors
clubs;
(ix) make further provision for firearms
collectors licences;
(x) make further provision for the power of
20 the Chief Commissioner to refuse
applications for, or to cancel, handgun
licences;
(xi) make further provision relating to
associates of licence holders;
25 (xii) impose further restrictions on the
possession of certain handguns and
unregistered firearms;
(xiii) impose further restrictions on the
acquisition and disposal of unregistered
30 firearms;
(b) to make other minor amendments to the
Firearms Act 1996;
(c) to make consequential amendments to the
Magistrates' Court Act 1989.
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2004, it comes into
operation on that day.
__________________
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 2--Amendments to the Firearms Act 1996
s. 3
PART 2--AMENDMENTS TO THE FIREARMS ACT 1996
3. Definitions
See: (1) In section 3(1) of the Firearms Act 1996--
Act No.
66/1996.
(a) for the definition of "acquire" substitute--
Reprint No. 2
as at
5 ' "acquire", in relation to any thing,
8 April 1999
includes buying or coming into
and
amending
possession of the thing (whether the
Act Nos
thing is in Victoria or elsewhere) but
30/1999,
41/2000,
does not include borrowing the thing;';
44/2001 and
72/2001.
10 (b) for the definition of "dispose of"
LawToday:
www.dms. substitute--
dpc.vic.
gov.au
' "dispose of", in relation to any thing,
includes--
(a) selling the thing;
15 (b) offering to sell the thing;
(c) having the thing in possession for
the purposes of sale, barter or
exchange--
(whether or not the thing is to remain in
20 Victoria) but does not include lending
the thing;';
(c) for the definition of "longarm" substitute--
' "longarm" means any firearm other than--
(a) a handgun; and
25 (b) a device, that is not a handgun,
which was manufactured before
1900, and which is either of the
following--
(i) a device that does not take
30 cartridge ammunition;
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Part 2--Amendments to the Firearms Act 1996
s. 3
(ii) a device that does take
cartridge ammunition but for
which cartridge ammunition
is not commercially
5 available;';
(d) insert the following definitions--
' "approved firearms collectors club"
means a person or body approved by
the Chief Commissioner under
10 section 123H;
"approved handgun target shooting club"
means a person or body approved by
the Chief Commissioner under
section 123A;
15 "approved handgun target shooting
match" means--
(a) for handguns that are of a calibre
of ·38 inch or less, a handgun
target shooting match that is of a
20 class that is prescribed for
handguns of any such calibre; or
(b) for handguns that are of a calibre
that is more than ·38 inch but not
more than ·45 inch, a handgun
25 target shooting match that is of a
class that is prescribed for
handguns of any such calibre; or
(c) for handguns that are of a calibre
of more than ·45 inch, a black
30 powder handgun target shooting
match that is of a class that is
prescribed for handguns of any
such calibre;
"category 1 firearms collectors licence"
35 means a licence issued under
section 21;
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 2--Amendments to the Firearms Act 1996
s. 3
"category 2 firearms collectors licence"
means a licence issued under
section 21A;
"category E handgun" means any of the
5 following--
(a) a machine gun that is a handgun;
(b) any handgun prescribed for the
purposes of this category;
"close associate", in relation to the holder of
10 a dealers licence, means a person--
(a) who is able to exercise a
significant influence over or with
respect to the conduct of the
business conducted under the
15 dealers licence because that
person--
(i) holds an interest in the
capital or assets of that
business or is entitled to
20 receive any income derived
from that business (whether
the entitlement arises at law
or in equity or otherwise); or
(ii) holds any power (whether
25 exercisable by voting or
otherwise and whether
exercisable alone or in
association with others) to
participate in any managerial
30 or executive decision in that
business or to appoint any
person to a position of
management in that business
(whether in the capacity of
35 director, manager or
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 2--Amendments to the Firearms Act 1996
s. 3
secretary or in any other
capacity); or
(b) who participates in the
management of the business
5 conducted under the licence
(whether in the capacity of
director, manager or secretary or
in any other capacity)--
and, in relation to an applicant for a
10 dealers licence, means any person who
would, if a licence were issued to the
applicant, be a person to whom
paragraph (a) or (b) would apply;
"general category handgun" means a
15 handgun that is not a category E
handgun;
"general category handgun licence" means
a handgun licence issued under
section 15;
20 "known information" in relation to a close
associate, means any records about the
close associate kept by or on behalf
of--
(a) the Chief Commissioner; or
25 (b) any person holding a position
equivalent to that of the Chief
Commissioner in the
Commonwealth or in any other
State or Territory of the
30 Commonwealth or in any other
country;
"nominated officer" means a person
nominated under section 123N;
"registered" means registered under
35 Part 5;';
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Act No.
Part 2--Amendments to the Firearms Act 1996
s. 3
(e) in the definition of "approved club" omit "or
section 15(3)";
(f) in paragraph (a) of the definition of
"category E longarm", after "machine gun"
5 insert "that is a longarm";
(g) paragraph (g) of the definition of "firearm" is
repealed;
(h) in the definition of "handgun"--
(i) in paragraph (c), for "barrel;"
10 substitute "barrel--";
(ii) at the end of the definition insert--
"if the firearm is a device which was
manufactured before 1900, is of a type
that uses percussion, or methods
15 developed during or after the
development of percussion, as a means
of ignition;";
(i) in the definition of "handgun licence", after
"section 15" insert "or section 16A";
20 (j) in the definition of "firearms collectors
licence", after "under section 21" insert "or
section 21A";
(k) in the definition of "prohibited person", after
paragraph (b) insert--
25 "(ba) a person--
(i) who is serving a term of
imprisonment for an offence under
section 321 or 321A of the
Crimes Act 1958; or
30 (ii) in relation to whom, not more than
10 years have expired since the
person finished serving a term of
imprisonment for an offence
specified in sub-paragraph (i); or
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Part 2--Amendments to the Firearms Act 1996
s. 4
(bb) a person--
(i) who is serving a term of
imprisonment in another State or a
Territory of the Commonwealth
5 for an offence of a corresponding
nature to an offence specified in
paragraph (ba)(i); or
(ii) in relation to whom, not more than
10 years have expired since the
10 person finished serving a term of
imprisonment in another State or a
Territory of the Commonwealth
for an offence specified in
paragraph (ba)(i); or".
15 (2) After section 3(2) of the Firearms Act 1996
insert--
"(3) For the purposes of this Act, in determining
whether a particular offence is a first
offence, any other offence in respect of
20 which a conviction was recorded or a finding
of guilt was made 10 years or more before
the commission of the particular offence, is
to be disregarded.".
4. Increase in penalty for possession, carriage or use of
25 firearm by prohibited person
(1) In section 5(1) of the Firearms Act 1996--
(a) after "use a" insert "registered";
(b) for "600 penalty units or 7 years
imprisonment" substitute "1200 penalty
30 units or 10 years imprisonment".
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s. 5
(2) After section 5(1) of the Firearms Act 1996
insert--
"(1A) A prohibited person must not possess, carry
or use a firearm that is not registered.
5 Penalty: 1800 penalty units or 15 years
imprisonment.".
(3) In section 5(2) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
substitute "480 penalty units or 8 years
10 imprisonment".
5. Possession, carriage or use of longarms
(1) In section 6(1) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
15 (b) for "60 penalty units or 12 months
imprisonment" substitute "120 penalty units
or 2 years imprisonment".
(2) In section 6(2) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
20 substitute "that is registered unless";
(b) for "60 penalty units or 12 months
imprisonment" substitute "120 penalty units
or 2 years imprisonment".
(3) In section 6(3) of the Firearms Act 1996--
25 (a) for "unless the longarm is registered and"
substitute "that is registered unless";
(b) for "120 penalty units or 2 years
imprisonment" substitute "240 penalty units
or 4 years imprisonment".
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Firearms (Trafficking and Handgun Control) Act 2003
Act No.
Part 2--Amendments to the Firearms Act 1996
s. 6
(4) In section 6(4) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
(b) for "120 penalty units or 2 years
5 imprisonment" substitute "240 penalty units
or 4 years imprisonment".
(5) In section 6(5) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
10 (b) for "240 penalty units or 4 years
imprisonment" substitute "600 penalty units
or 7 years imprisonment".
(6) For section 6(6) of the Firearms Act 1996
substitute--
15 "(6) A non-prohibited person must not possess,
carry or use a longarm that is not a category
A, B, C, D or E longarm.
Penalty: 240 penalty units or 4 years
imprisonment.".
20 6. Insertion of new section 6A
After section 6 of the Firearms Act 1996
insert--
"6A. Offence to possess, carry or use an
unregistered longarm
25 (1) A non-prohibited person must not possess,
carry or use a category A or category B
longarm that is not registered.
Penalty: For a first offence, 120 penalty
units or 2 years imprisonment.
30 For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
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(2) A non-prohibited person must not possess,
carry or use a category C or category D
longarm that is not registered.
Penalty: For a first offence, 240 penalty
5 units or 4 years imprisonment.
For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
(3) A non-prohibited person must not possess,
10 carry or use a category E longarm that is not
registered.
Penalty: For a first offence, 600 penalty
units or 7 years imprisonment.
For a second or subsequent
15 offence, 1200 penalty units or
10 years imprisonment.".
7. Substitution of section 7
For section 7 of the Firearms Act 1996
substitute--
20 "7. Offence for non-prohibited person to
possess, carry or use a handgun without a
licence
(1) A non-prohibited person must not possess,
carry or use a registered general category
25 handgun for purposes other than the purpose
of collecting handguns, unless that person
does so under and in accordance with a
licence issued under Division 3 or 5 of this
Part.
30 Penalty: 240 penalty units or 4 years
imprisonment.
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Part 2--Amendments to the Firearms Act 1996
s. 7
(2) A non-prohibited person must not possess,
carry or use a registered category E handgun
for purposes other than the purpose of
collecting handguns, unless that person does
5 so under and in accordance with a licence
issued under Division 3 of this Part.
Penalty: 600 penalty units or 7 years
imprisonment.
(3) A non-prohibited person must not possess,
10 carry or use a registered general category
handgun, that was manufactured before
1 January 1947, for the purpose of collecting
handguns, unless that person does so under
and in accordance with a licence issued
15 under section 21 or section 25.
Penalty: 240 penalty units or 4 years
imprisonment.
(4) A non-prohibited person must not possess,
carry or use a registered category E handgun
20 for the purpose of collecting handguns unless
that person does so under and in accordance
with a licence issued under section 21 or
section 25.
Penalty: 600 penalty units or 7 years
25 imprisonment.
(5) A non-prohibited person must not possess,
carry or use a registered general category
handgun, that was manufactured on or after
1 January 1947, for the purpose of collecting
30 handguns, unless that person does so under
and in accordance with a licence issued
under section 21A.
Penalty: 240 penalty units or 4 years
imprisonment.
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Part 2--Amendments to the Firearms Act 1996
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(6) A non-prohibited person must not possess,
carry or use a registered category E handgun,
that was manufactured on or after 1 January
1947, for the purpose of collecting handguns,
5 unless that person does so under and in
accordance with a licence issued under
section 21A.
Penalty: 600 penalty units or 7 years
imprisonment.".
10 8. Insertion of new sections 7A to 7C
After section 7 of the Firearms Act 1996
insert--
"7A. Offence for holder of a general category
handgun licence to possess carry or use
15 certain types of handguns under the licence
(1) A person who is the holder of a general
category handgun licence for the reason of
target shooting must not possess, carry or
use--
20 (a) unless authorised by the Chief
Commissioner under sub-section (2),
any handgun that has a barrel length
of--
(i) in the case of a semi-automatic
25 handgun, less than 120 mm; or
(ii) in the case of a revolver or single
shot handgun, less than 100 mm;
or
(b) unless authorised by the Chief
30 Commissioner under sub-section (4)
any handgun that has a calibre of more
than ·45 inch; or
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(c) unless authorised by the Chief
Commissioner under sub-section (4),
any handgun that has a calibre of more
than ·38 inch but not more than
5 ·45 inch; or
(d) a handgun that has a magazine with a
capacity of more than 10 rounds.
Penalty: 240 penalty units or 4 years
imprisonment.
10 (2) Upon application by a person who is the
holder of, or an applicant for, a general
category handgun licence for the reason of
target shooting, the Chief Commissioner
may authorise the applicant to possess, carry
15 or use a general category handgun that has a
barrel length--
(a) in the case of a semi-automatic
handgun, of less than 120 mm; or
(b) in the case of a revolver or single shot
20 handgun, of less than 100 mm.
(3) In granting an authorisation under sub-
section (2) the Chief Commissioner may
have regard to--
(a) whether or not the handgun is required
25 for participation in a prescribed class of
approved handgun target shooting
matches; and
(b) the experience of the applicant in the
use of handguns for target shooting;
30 and
(c) whether or not the handgun is
appropriate for possession, carriage or
use for target shooting; and
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(d) the general size, appearance and other
characteristics of the handgun; and
(e) any other relevant matter.
(4) Upon application by a person who is the
5 holder of or an applicant for a general
category handgun licence for the reason of
target shooting, the Chief Commissioner
may authorise the applicant to possess, carry
or use a general category handgun--
10 (a) that has a calibre of more than ·45 inch;
or
(b) that has a calibre of more than ·38 inch
but not more than ·45 inch.
(5) In granting an authorisation under sub-
15 section (4) the Chief Commissioner may
have regard to--
(a) whether or not the handgun is required
for participation in a prescribed class of
approved handgun target shooting
20 matches; and
(b) the experience of the applicant in the
use of handguns for target shooting;
and
(c) whether or not the club to which the
25 applicant belongs is adapted to enable
ammunition that may be used in a
firearm of the calibre applied for to be
used appropriately and safely; and
(d) whether or not the handgun is
30 appropriate for possession, carriage or
use for target shooting; and
(e) the general size, appearance and other
characteristics of the handgun; and
(f) any other relevant matter.
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(6) If the Chief Commissioner has, under sub-
section (4), authorised the possession,
carriage or use of a handgun, the holder must
not use that handgun in a handgun target
5 shooting match that is not of a class of
handgun target shooting matches that is
prescribed as suitable for the calibre of the
handgun.
Penalty: 240 penalty units or 4 years
10 imprisonment
7B. Offence to possess, carry or use an
unregistered handgun
(1) A person must not possess, carry or use a
general category handgun that is not
15 registered.
Penalty: For a first offence, 600 penalty
units or 7 years imprisonment.
For a second or subsequent
offence, 1200 penalty units or
20 10 years imprisonment.
(2) A person must not possess, carry or use a
category E handgun that is not registered.
Penalty: For a first offence, 1800 penalty
units or 14 years imprisonment.
25 For a second or subsequent
offence, 2100 penalty units or
17 years imprisonment.
7C. Possession of a traffickable quantity of
unregistered firearms
30 (1) A person must not possess more than
10 firearms that are not registered.
Penalty: 1200 penalty units or 10 years
imprisonment.
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(2) Sub-section (1) does not apply if, in respect
of any one of the 10 firearms, the person has
given a notice to the Chief Commissioner
under section 115.
5 (3) A person who is convicted or found guilty of
an offence against sub-section (1) is not
liable to be convicted or found guilty of an
offence against section 5(1A), section 6A(1),
(2) or (3) or section 7B(1) or (2) in respect of
10 possession of the same firearms at the same
time.".
9. Issue of general category handgun licences
(1) Insert the following heading to section 15 of the
Firearms Act 1996--
15 "Issue of handgun licences for general category
handguns".
(2) In section 15(1) of the Firearms Act 1996, for
"handgun" substitute "general category
handgun".
20 (3) In section 15(2) of the Firearms Act 1996--
(a) in paragraph (a)(ii), for "handgun"
substitute "a general category handgun";
(b) for paragraph (b) substitute--
"(b) target shooting--
25 (i) the applicant must be and continue
to be a member of an approved
handgun target shooting club; and
(ii) if the applicant is not, at the time
of the application, the holder of a
30 licence in another State or a
Territory of the Commonwealth
that authorises the possession,
carriage or use of handguns for the
reason of target shooting, the
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applicant must, for the period of
6 months immediately preceding
the application, have been a
member of that club;".
5 (4) For section 15(3) of the Firearms Act 1996
substitute--
"(3) In the case of a person who is applying for a
handgun licence for general category
handguns for the reason of target shooting,
10 the Chief Commissioner must not issue such
a licence to that person unless a nominated
officer of an approved handgun target
shooting club of which the person is a
member has, on behalf of the club, endorsed
15 the application.".
(5) Section 15(4) of the Firearms Act 1996 is
repealed.
(6) Section 15(5) of the Firearms Act 1996 is
repealed.
20 10. Further conditions applying to general category
handgun licences
At the end of section 16 of the Firearms Act
1996 insert--
'(2) If the holder of a general category handgun
25 licence is authorised to possess, carry or use
a general category handgun for the reason of
target shooting, the licence is subject to the
following conditions--
(a) the holder must not participate in target
30 shooting for any purpose other than the
purpose of preparing for and taking part
in approved handgun target shooting
matches;
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(b) if the holder does not possess, carry or
use more than one class of handguns, in
each calendar year for which the holder
holds the licence, the holder must
5 compete in--
(i) at least 6 competitive approved
handgun target shooting matches;
and
(ii) at least 4 approved handgun target
10 shooting matches--
that take place on at least 10 separate
days;
(c) if the holder does possess, carry or use
more than one class of handguns, in
15 each calendar year for which the holder
holds the licence, the holder must
compete in--
(i) for each class of handgun
possessed by the holder in the
20 whole or any part of the calendar
year, at least 4 competitive
approved handgun target shooting
matches for that class of handgun
that take place on at least
25 4 separate days; and
(ii) in any case--
(A) at least 6 competitive
approved handgun target
shooting matches; and
30 (B) at least 4 approved handgun
target shooting matches--
that take place on at least
10 separate days;
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(d) if the holder is a member of more than
one approved handgun target shooting
club, the holder must nominate one
such club to be his or her principal
5 club.
(3) In this section "compete" includes
participation in a match as a competition
judge or range officer.'.
11. Insertion of new sections 16A and 16B
10 After section 16 of the Firearms Act 1996
insert--
"16A. Issue of handgun licences for category E
handguns
(1) The Chief Commissioner may licence a
15 person to possess, carry or use category E
handguns for the reason specified in the
licence.
(2) The Chief Commissioner must not issue a
licence for category E handguns unless--
20 (a) the applicant can demonstrate that the
licence is required for an official,
commercial or prescribed purpose or
for a purpose authorised by an Act or
regulations; and
25 (b) if the application is in respect of more
than one category E handgun, the
applicant can demonstrate a compelling
reason for more than one such handgun
to be possessed, carried or used under
30 the licence.
(3) For the purposes of demonstrating that the
licence is required for a purpose specified in
sub-section (2)(a), the applicant must
produce evidence that the licence is required
35 for that purpose.
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16B. Conditions applying to handgun licences
for category E handguns
A handgun licence for category E handguns
is subject to any conditions imposed on the
5 licence or the category of licence by the
Chief Commissioner.".
12. Discretion of Chief Commissioner to refuse a
handgun licence
After section 17(c)(i) of the Firearms Act 1996
10 insert--
"(ia) in particular, in relation to an applicant for a
handgun licence, that there is no information
as to criminal activities on the part of the
applicant that is known to the Chief
15 Commissioner that would cause the Chief
Commissioner not to be satisfied that the
person is a fit and proper person; and".
13. Junior licences
(1) In section 18(1) of the Firearms Act 1996, for
20 "handguns" substitute "general category
handguns".
(2) After section 18(2) of the Firearms Act 1996
insert--
"(2A) The Chief Commissioner must not issue a
25 junior licence which authorises the carriage
or use of a general category handgun, unless
the applicant can demonstrate that the
licence is required for the reason of handgun
target shooting.".
30 (3) After section 18(3) of the Firearms Act 1996
insert--
"(4) For the purpose of demonstrating that a
junior licence is required for the reason of
handgun target shooting, the applicant--
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(a) must be and continue to be a member of
an approved handgun target shooting
club; and
(b) if the applicant is not, at the time of the
5 application, the holder of a licence in
another State or a Territory of the
Commonwealth that authorises the
carriage or use of handguns for the
reason of target shooting, must, for the
10 period of 6 months immediately
preceding the application, have been a
member of that club.
(5) In the case of a person who is applying for a
junior licence for the reason of handgun
15 target shooting, the Chief Commissioner
must not issue such a licence to that person
unless a nominated officer of an approved
handgun target shooting club of which the
person is a member has, on behalf of the
20 club, endorsed the application.".
14. Further conditions applying to junior licences
At the end of section 19 of the Firearms Act
1996 insert--
"(2) If the holder of a junior licence is authorised
25 to carry or use a general category handgun
for the reason of handgun target shooting,
the licence is subject to the following
conditions--
(a) the holder must not participate in
30 handgun target shooting for any
purpose other than the purpose of
preparing for and taking part in
approved handgun target shooting
matches;
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(b) if the holder does not carry or use more
than one class of handguns, in each
calendar year for which the holder
holds the licence, the holder must
5 compete in--
(i) at least 6 competitive approved
handgun target shooting matches;
and
(ii) at least 4 approved handgun target
10 shooting matches--
that take place on at least 10 separate
days;
(c) if the holder does carry or use more
than one class of handguns, in each
15 calendar year for which the holder
holds the licence, the holder must
compete in--
(i) for each class of handgun carried
or used by the holder in the whole
20 or any part of the calendar year, at
least 4 competitive approved
handgun target shooting matches
for that class of handgun that take
place on at least 4 separate days;
25 and
(ii) in any case--
(A) at least 6 competitive
approved handgun target
shooting matches; and
30 (B) at least 4 approved handgun
target shooting matches--
that take place on at least
10 separate days;
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(d) if the holder is a member of more than
one approved handgun target shooting
club, the holder must nominate one
such club to be his or her principal
5 club.".
15. Alteration of reference to handguns in section 20
In section 20(b)(i) of the Firearms Act 1996, for
"handgun" substitute "general category
handgun".
10 16. Category 1 firearms collectors licences
(1) Insert the following heading to section 21 of the
Firearms Act 1996--
"Issue of category 1 firearms collectors
licences".
15 (2) For section 21(1) of the Firearms Act 1996
substitute--
"(1) The Chief Commissioner may licence a
person to possess or carry--
(a) longarms; and
20 (b) handguns that have been manufactured
before 1 January 1947--
for the purpose of collecting any such
firearms.".
(3) In section 21(2) of the Firearms Act 1996--
25 (a) for paragraph (a) substitute--
"(a) is and has been, for at least 6 months, a
member of an approved firearms
collectors club that deals with the
classes of firearms the person proposes
30 to collect; and";
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(b) in paragraph (b) for "commemorative,
historical, thematic or investment value."
substitute "commemorative, historical or
thematic value; and";
5 (c) after paragraph (b) insert--
"(c) is a member of an approved firearms
collectors club, a nominated officer of
which has endorsed the application, on
behalf of the club.".
10 17. Insertion of new section 21A
After section 21 of the Firearms Act 1996
insert--
"21A. Issue of category 2 firearms collectors
licences
15 (1) The Chief Commissioner may licence a
person to possess or carry handguns that
have been manufactured on or after
1 January 1947 for the purpose of collecting
any such handguns.
20 (2) The Chief Commissioner must not issue a
licence under sub-section (1) unless the
applicant--
(a) can demonstrate that the handguns
collected will be of obvious and
25 significant commemorative, historical
or thematic value; and
(b) has held a category 1 firearms
collectors licence for a period of at least
2 years; and
30 (c) is a member of an approved firearms
collectors club, a nominated officer of
which has endorsed the application, on
behalf of the club; and
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(d) possesses more than 10 handguns
manufactured before 1 January 1947,
and the addition of handguns
manufactured on or after 1 January
5 1947 will increase the historical value
and significance of the collection; and
(e) can demonstrate that the proposed
increase of the collection is safe in all
the circumstances.".
10 18. Conditions on firearms collectors licences
(1) Insert the following heading to section 22 of the
Firearms Act 1996--
"Conditions applying to category 1 and
category 2 firearms collectors licences".
15 (2) In section 22 of the Firearms Act 1996, for
"A firearms collectors licence" substitute--
"(1) Each category 1 and category 2 firearms
collectors licence".
(3) At the end of section 22 of the Firearms Act
20 1996 insert--
"(2) Each category 1 and category 2 firearms
collectors licence is subject to the following
conditions--
(a) that the holder of the licence must not
25 possess or carry a firearm that is of a
class that the holder is not authorised
under the licence to possess or carry;
and
(b) that the holder of the licence, for each
30 class of firearm held under the licence,
is, for the period of the licence, a
member of an approved firearms
collectors club that deals with that class
of firearms.".
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19. Category of handgun that may be removed from
collectors register
In section 24(2) of the Firearms Act 1996, after
"a handgun licence" insert "for general category
5 handguns".
20. Limitation on review of decision of Chief
Commissioner not to issue licence
(1) In section 34 of the Firearms Act 1996, for
"A non-prohibited person" substitute--
10 "(1) Subject to sub-section (2), a non-prohibited
person".
(2) At the end of section 34 of the Firearms Act
1996 insert--
"(2) Sub-section (1) does not apply to a decision
15 of the Chief Commissioner not to issue a
licence on the ground set out in section
17(c)(ia).".
21. Requirement to comply with licence conditions for
general category and category E handgun licences
20 (1) In section 36(2) of the Firearms Act 1996, for "a
handgun licence" substitute "a handgun licence
for general category handguns".
(2) In section 36(3) of the Firearms Act 1996, after
"category E longarms" insert "or a handgun
25 licence for category E handguns".
22. Disposal of general category and category E
handguns where licence not renewed
(1) In section 45(4) of the Firearms Act 1996, for
"a handgun" substitute "a general category
30 handgun".
(2) In section 45(5) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
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23. Power of Chief Commissioner to cancel a general
category handgun licence for failure to comply with
certain conditions
(1) In section 49 of the Firearms Act 1996--
5 (a) before "The Chief Commissioner may"
insert "(1)";
(b) in paragraph (d), for "the conditions of the
licence" substitute "a condition of the
licence, that is not the condition set out in
10 section 16(2)(b) or (c)";
(c) after paragraph (f) insert--
"(fa) in particular, in relation to the holder of
a handgun licence, that there is
information as to criminal activities on
15 the part of the holder that is known to
the Chief Commissioner that causes the
Chief Commissioner to be satisfied that
the person is not a fit and proper
person; or";
20 (d) after paragraph (h) insert--
"(ha) the holder has, through his or her
negligence or fraud, caused a firearm to
be lost or stolen; or".
(2) At the end of section 49 of the Firearms Act
25 1996 insert--
"(2) If the holder of a general category handgun
licence is a holder to whom the condition set
out in section 16(2)(b) applies, the Chief
Commissioner must cancel that licence if the
30 holder has failed to comply with that
condition.
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(3) If the holder of a general category handgun
licence is a holder to whom the condition set
out in section 16(2)(c) applies, the Chief
Commissioner--
5 (a) must cancel that licence if the holder
has failed to comply with sub-
paragraph (ii) of that condition; and
(b) may cancel that licence if the holder
has failed to comply with sub-
10 paragraph (i) of that condition.".
24. Limitation of power to apply to Committee for review
of licence cancellation for general category handgun
licences
In section 50 of the Firearms Act 1996, for
15 "under section 49" substitute "under section
49(1), on any ground set out in that sub-section
other than the ground set out in paragraph (fa)".
25. Notice of decision to cancel general category handgun
licence
20 (1) In section 51(1) of the Firearms Act 1996, after
"49" insert "(1), other than paragraph (fa),".
(2) After section 51(1) of the Firearms Act 1996
insert--
"(1A) If the Chief Commissioner has cancelled a
25 general category handgun licence under
section 49(1)(fa), (2) or (3), the Chief
Commissioner must so notify the holder.".
(3) In section 51(2) of the Firearms Act 1996, after
"(1)" insert "or (1A)".
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26. Insertion of new sections 52A and 52B
After section 52 of the Firearms Act 1996
insert--
"52A. Power of Chief Commissioner to require
5 the holder of a general category handgun
licence to surrender certain handguns for
failure to comply with participation
condition
(1) If--
10 (a) the holder of a general category
handgun licence is a holder to whom
the condition set out in section 16(2)(c)
applies; and
(b) the holder has failed to comply with
15 sub-paragraph (i) of that condition; and
(c) the Chief Commissioner has not
cancelled the holder's licence for that
failure to comply--
the Chief Commissioner may require the
20 holder to surrender--
(d) any handgun in respect of which the
failure to comply has taken place; and
(e) any ammunition in that person's
possession that is capable of being used
25 in that handgun.
(2) If the Chief Commissioner has decided to
impose a requirement under sub-section (1),
the Chief Commissioner must so notify the
holder of the licence.
30 (3) A notice under sub-section (1) may be served
on the holder either personally or by post.
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52B. Power of Chief Commissioner to require
the holder of a category 1 or category 2
firearms collectors licence to surrender
certain handguns for failure to comply with
5 certain conditions
(1) If--
(a) the holder of a category 1 or category 2
firearms collectors licence has failed to
comply with the condition set out in
10 section 22(2)(a); and
(b) the Chief Commissioner has not
cancelled the holder's licence for that
failure to comply--
the Chief Commissioner may require the
15 holder to surrender--
(c) any handgun in respect of which the
failure to comply has taken place; and
(d) any ammunition in that person's
possession that is capable of being used
20 in that handgun.
(2) If the Chief Commissioner has decided to
impose a requirement under sub-section (1),
the Chief Commissioner must so notify the
holder of the licence.
25 (3) A notice under sub-section (1) may be served
on the holder either personally or by post.".
27. Insertion of new sections 53A and 53B
After section 53 of the Firearms Act 1996
insert--
30 "53A. Surrender of handguns for failure to
comply with participation condition
(1) If the holder of a general category handgun
licence has been served with a notice from
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the Chief Commissioner under section 52A,
the holder must--
(a) if served personally with the notice,
immediately surrender any handgun
5 and ammunition referred to in the
notice to the person serving the notice;
or
(b) if served by post with the notice, within
7 days of the service of the notice,
10 surrender any handgun and ammunition
referred to in the notice to a police
station.
(2) If a member of the police force has
reasonable grounds for believing that a
15 person has not complied with sub-section
(1), the member--
(a) must seize from the person any
handgun and ammunition referred to in
the notice, if the member is aware that
20 any such handgun and any such
ammunition is in the possession of the
person; and
(b) may, at any reasonable time, without
warrant, enter and search any premises
25 where the person resides or has resided
for the purpose of seizing any such
handgun or ammunition.
(3) Despite the surrender or seizure of a handgun
or ammunition under this section, the person
30 who has surrendered the handgun or
ammunition or from whom the handgun or
ammunition has been seized continues to be
the owner of the handgun or ammunition.
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53B. Surrender of handguns where certain
conditions of category 1 or category 2
firearms collectors licence not complied
with
5 (1) If the holder of a category 1 or category 2
firearms collectors licence has been served
with a notice from the Chief Commissioner
under section 52B, the holder must--
(a) if served personally with the notice,
10 immediately surrender any handgun
and ammunition referred to in the
notice to the person serving the notice;
or
(b) if served by post with the notice, within
15 7 days of the service of the notice,
surrender any handgun and ammunition
referred to in the notice to a police
station.
(2) If a member of the police force has
20 reasonable grounds for believing that a
person has not complied with sub-section
(1), the member--
(a) must seize from the person any
handgun and ammunition referred to in
25 the notice, if the member is aware that
any such handgun and any such
ammunition is in the possession of the
person; and
(b) may, at any reasonable time, without
30 warrant, enter and search any premises
where the person resides or has resided
for the purpose of seizing any such
handgun or ammunition.
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(3) Despite the surrender or seizure of a handgun
or ammunition under this section, the person
who has surrendered the handgun or
ammunition or from whom the handgun or
5 ammunition has been seized continues to be
the owner of the handgun or ammunition.".
28. Requirement for certain exempt persons to notify the
Chief Commissioner
At the end of section 54 of the Firearms Act
10 1996 insert--
"(2) A person who receives instruction in the use
of a general category handgun in accordance
with the exemption set out in item 4 or 5A of
Schedule 3 must, on each occasion on which
15 that person receives that instruction, so
notify the Chief Commissioner on the form
approved by the Chief Commissioner.
(3) A notification under sub-section (2) must--
(a) contain any information as to the
20 identity of the person that the Chief
Commissioner requires; and
(b) be signed by the person giving the
notice; and
(c) must be given to the Chief
25 Commissioner within 7 days of the day
on which the person receives the
instruction.
(4) As part of a notification under sub-section
(2), the Chief Commissioner may require the
30 person giving the notification to make a
declaration--
(a) as to whether or not the person is a
prohibited person; and
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(b) as to the number of occasions on which
the person has received instruction in
the use of general category handgun.
(5) A person must not give false information in a
5 notification under sub-section (2).
Penalty: 120 penalty units or 2 years
imprisonment.".
29. Permits for collectors to carry or use handguns
In section 58(1) of the Firearms Act 1996, for
10 "handgun" substitute "a general category
handgun".
30. Insertion of new sections 58A
After section 58 of the Firearms Act 1996
insert--
15 '58A. Permits to carry or use general category
handguns during probationary period
(1) The Chief Commissioner may grant a permit
to a probationary member of an approved
handgun target shooting club to carry or use
20 the classes of handguns specified in the
permit at approved handgun target shooting
matches.
(2) The Chief Commissioner must not grant a
permit under this section--
25 (a) if the applicant is a prohibited person;
or
(b) unless the Chief Commissioner is
satisfied that the applicant is a fit and
proper person to hold such a permit; or
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(c) in the case of an applicant who is of or
over 12 years of age and under the age
of 18 years unless--
(i) the applicant has the written
5 consent of his or her parent or
guardian; and
(ii) the person who is to provide the
instruction to the applicant has the
consent of the applicant's parent or
10 guardian; or
(d) for any other prescribed reason.
(3) The Chief Commissioner may impose any
conditions on the permit that the Chief
Commissioner thinks fit.
15 (4) The holder of a permit under this section
does not commit an offence under section 7
when acting under and in accordance with
the permit.
(5) An application for a permit must be in the
20 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
the permit.
25 Penalty: 120 penalty units or 2 years
imprisonment.
(8) In this section "probationary member of
an approved handgun target shooting
club" means a member of an approved
30 handgun target shooting club who is not
entitled to the issue of a general category
handgun licence because of the operation of
section 15(2)(b)(ii).'.
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31. Discretion of Chief Commissioner to refuse to issue
dealers licence
In section 61 of the Firearms Act 1996--
(a) in paragraph (a), after "the applicant," insert
5 "any close associate of the applicant,";
(b) after paragraph (c) insert--
"(ca) unless the Chief Commissioner is
satisfied that all close associates of the
applicant are fit and proper persons;
10 or".
32. Application by natural person for dealers licence
(1) In section 64 of the Firearms Act 1996, after
"accompanied by--" insert--
"(aa) a statement setting out the name and address
15 of any person who is a close associate of the
applicant, verified by a statutory declaration;
and".
(2) In section 64 of the Firearms Act 1996--
(a) in paragraph (b), for "business." substitute
20 "business; and";
(b) after paragraph (b) insert--
"(c) a full set of the fingerprints of any close
associate of the applicant, or if it is not
possible to obtain a full set of such
25 fingerprints, if the Chief Commissioner
so requires, any known information
about the close associate.".
33. Application by body corporate for a dealers licence
In section 65 of the Firearms Act 1996--
30 (a) in paragraph (c)(ii), for "fingerprints."
substitute "fingerprints; and";
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(b) after paragraph (c) insert--
"(d) be accompanied by--
(i) a statement setting out the name
and address of any person who is
5 a close associate of the applicant,
verified by a statutory declaration;
and
(ii) a full set of the fingerprints of any
close associate of the applicant, or
10 if it is not possible to obtain a full
set of such fingerprints, if the
Chief Commissioner so requires,
any known information about the
close associate.".
15 34. Application for renewal of a dealers licence
After section 72(4) of the Firearms Act 1996
insert--
"(4A) In addition to the requirements of sub-
sections (3) and (4), if there is a close
20 associate of the applicant for renewal who
has not been disclosed to the Chief
Commissioner, the application must be
accompanied by--
(a) a statement setting out the name and
25 address of any such close associate,
verified by a statutory declaration; and
(b) a full set of the fingerprints of any such
close associate, or if it is not possible to
obtain a full set of such fingerprints, if
30 the Chief Commissioner so requires,
any known information about the close
associate.".
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35. Discretion of Chief Commissioner to refuse to renew
dealers licence
In section 73 of the Firearms Act 1996--
(a) in paragraph (a), after "the applicant" insert
5 ", any close associate of the applicant";
(b) in paragraph (b)(i), after "the applicant,"
insert "all close associates of the applicant,".
36. Insertion of new sections 75A and 75B
After section 75 of the Firearms Act 1996
10 insert--
"75A. Requirement to notify Chief Commissioner
of close associates
(1) If, at any time during the course of a dealers
licence--
15 (a) a person becomes a close associate of
the holder of the licence; or
(b) ceases to be a close associate of the
holder of the licence--
the holder of the licence must immediately
20 notify the Chief Commissioner of that fact.
Penalty: 20 penalty units.
(2) A notice under sub-section (1) must--
(a) be in writing; and
(b) set out the name and address of the
25 person who has become or ceased to be
a close associate (as the case requires);
and
(c) be accompanied by a full set of
fingerprints of any person who has
30 become a close associate of the
applicant, or if it is not possible to
obtain a full set of such fingerprints, if
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the Chief Commissioner so requires,
any known information about the
person.
75B. Offence to employ prohibited persons in
5 management of business
The holder of a dealers licence must not--
(a) employ a prohibited person in the
business conducted under the licence;
or
10 (b) engage a prohibited person to act as an
agent in the business conducted under
the licence.
Penalty: 60 penalty units.".
37. Power to cancel dealers licence
15 In section 79(e) of the Firearms Act 1996--
(a) in sub-paragraph (ii) for "business--"
substitute "business; or";
(b) after sub-paragraph (ii) insert--
"(iii) any close associate of the holder of the
20 licence--".
38. Acquisition of handguns by dealers
(1) In section 93(2) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
25 (2) In section 93(3)(a) of the Firearms Act 1996,
after "category E longarm" insert "or a category E
handgun".
(3) In section 93(4)(g) of the Firearms Act 1996, for
"a category C longarm or a handgun" (wherever
30 occurring) substitute "a category C longarm or a
general category handgun".
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39. Disposal of handguns by dealers
(1) In section 94(2) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
5 (2) In section 94(3)(a) of the Firearms Act 1996,
after "a category E longarm" insert "or a
category E handgun".
(3) In section 94(4)(f) of the Firearms Act 1996, for
"a handgun" (wherever occurring) substitute "a
10 general category handgun".
40. Penalties for unauthorised acquisition of firearms
(1) In section 95(1) of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
substitute "120 penalty units or 2 years
15 imprisonment".
(2) In section 95(2) of the Firearms Act 1996--
(a) omit "or a handgun";
(b) for "120 penalty units or 2 years
imprisonment" substitute "240 penalty units
20 or 4 years imprisonment".
(3) After section 95(2) of the Firearms Act 1996
insert--
"(2A) A person who is not a licensed firearms
dealer must not acquire a general category
25 handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
30 Penalty: 600 penalty units or 5 years
imprisonment.".
(4) In section 95(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
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substitute "600 penalty units or 7 years
imprisonment".
(5) After section 95(3) of the Firearms Act 1996
insert--
5 "(4) A person who is not a licensed firearms
dealer must not acquire a category E
handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
10 firearms dealer as his or her agent in the
transaction.
Penalty: 1200 penalty units or 10 years
imprisonment.".
41. Penalties for unauthorised disposal of firearms
15 (1) In section 96(1) of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
substitute "120 penalty units or 2 years
imprisonment".
(2) In section 96(2) of the Firearms Act 1996--
20 (a) omit "or a handgun";
(b) for "120 penalty units or 2 years
imprisonment" substitute "240 penalty units
or 4 years imprisonment".
(3) After section 96(2) of the Firearms Act 1996
25 insert--
"(2A) A person who is not a licensed firearms
dealer must not dispose of a general category
handgun to a person who is not a licensed
firearms dealer, unless the person who is
30 disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
Penalty: 600 penalty units or 5 years
imprisonment.".
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(4) In section 96(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
substitute "600 penalty units or 7 years
imprisonment".
5 (5) After section 96(3) of the Firearms Act 1996
insert--
"(4) A person who is not a licensed firearms
dealer must not dispose of a category E
handgun to a person who is not a licensed
10 firearms dealer, unless the person who is
disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
Penalty: 1200 penalty units or 10 years
15 imprisonment.".
42. Acquisition of handguns from outside the State
(1) In section 99(2) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
20 (2) In section 99(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
43. Disposal of handguns to a place outside the State
(1) In section 100(2) of the Firearms Act 1996, for
25 "a handgun" substitute "a general category
handgun".
(2) In section 100(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
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44. Insertion of new sections 101A and 101B
After section 101 of the Firearms Act 1996
insert--
"101A. Prohibition on the acquisition or disposal of
5 traffickable quantities of firearms
(1) A person, who is not the holder of a dealers
licence, must not acquire or dispose of more
than 10 unregistered firearms within a period
of 7 days.
10 Penalty: 1200 penalty units or 10 years
imprisonment.
(2) Sub-section (1) does not apply if, in respect
of any one of the 10 firearms, the person has
given a notice to the Chief Commissioner
15 under section 115.
(3) A person who is convicted or found guilty of
an offence against sub-section (1) is not
liable to be convicted or found guilty of an
offence against section 95(1), (2), (2A), (3)
20 or (4), section 96(1), (2), (2A), (3) or (4) or
section 102(1), (2), (2A), (3) or (3A) in
respect of possession of the same firearms at
the same time.
101B. Prohibition on providing financial
25 accommodation for the illegal acquisition
or disposal of firearms
(1) A person must not lend money, guarantee the
lending of money or otherwise provide
financial accommodation for the purpose of
30 acquiring or disposing of a category A or B
longarm--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
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(b) being reckless as to whether or not the
acquisition or disposal complies with
this Act.
Penalty: 120 penalty units or 2 years
5 imprisonment.
(2) A person must not lend money, guarantee the
lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category C or D
10 longarm or a general category handgun--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
(b) being reckless as to whether or not the
acquisition or disposal complies with
15 this Act.
Penalty: 240 penalty units or 4 years
imprisonment.
(3) A person must not lend money, guarantee the
lending of money or otherwise provide
20 financial accommodation for the purpose of
acquiring or disposing of a category E
longarm or a category E handgun--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
25 (b) being reckless as to whether or not the
acquisition or disposal complies with
this Act.
Penalty: 600 penalty units or 7 years
imprisonment.".
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45. Acquisition of handguns without a permit
(1) In section 102(2) of the Firearms Act 1996, omit
"or a handgun".
(2) After section 102(2) of the Firearms Act 1996
5 insert--
"(2A) A person must not acquire a general category
handgun unless that person has a permit to
acquire that handgun.
Penalty: 600 penalty units or 5 years
10 imprisonment.".
(3) After section 102(3) of the Firearms Act 1996
insert--
"(3A) A person must not acquire a category E
handgun unless that person has a permit to
15 acquire that handgun.
Penalty: 1200 penalty units or 10 years
imprisonment.".
(4) In section 102(4) of the Firearms Act 1996, for
"(2) and (3)" substitute "(2), (2A), (3) and (3A)".
20 (5) In section 102(6) of the Firearms Act 1996, omit
"or a handgun" (wherever occurring).
(6) After section 102(6) of the Firearms Act 1996
insert--
"(7) Sub-section (2A) does not apply to a
25 person--
(a) who is the holder of an inter-State
permit to acquire a general category
handgun which has been issued not
more than 28 days before the
30 acquisition of the firearm; and
(b) who is acquiring a general category
handgun in accordance with the permit;
and
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(c) who, in order to acquire the firearm,
personally attends at the premises
where the dealer--
(i) from whom the firearm is being
5 acquired; or
(ii) who is acting as agent in the
transaction--
(as the case requires) carries on
business.".
10 46. Discretion of Chief Commissioner to refuse to issue
permit to acquire for handguns
(1) In section 104(1)(d) of the Firearms Act 1996--
(a) in sub-paragraph (ii), for "a handgun"
(wherever occurring) substitute "a general
15 category handgun";
(b) after sub-paragraph (ii) insert--
"(iia) in the case of an application for a
permit to acquire a category E handgun,
the applicant has demonstrated a
20 compelling reason to possess, carry or
use a category E handgun; and";
(c) for "pump action shotgun." (where secondly
occurring) substitute "pump action shotgun;
or".
25 (2) At the end of section 104(1) of the Firearms Act
1996 insert--
"(e) in the case of an application for a permit to
acquire a handgun by a person who has held
a general category handgun licence for the
30 reason of target shooting for a period of
6 months or less, for any general category
handgun other than--
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(i) a ·177 inch calibre air handgun, if the
applicant has not already acquired such
a handgun; or
(ii) a ·22 inch calibre handgun or a centre
5 fire handgun, if the applicant has not
already acquired a handgun of either
such class; or
(f) in the case of an application for a permit to
acquire a handgun by a person who holds a
10 general category handgun licence for the
reason of target shooting, unless a nominated
officer of an approved handgun target
shooting club, of which the applicant is a
member and has been a member for the
15 period of 6 months immediately preceding
the application, has endorsed the application;
or
(g) in the case of an application for a permit to
acquire a handgun for the purpose of
20 collecting handguns, unless a nominated
officer of an approved firearms collectors
club to which the applicant belongs has
endorsed the application.".
(3) In section 104(2) of the Firearms Act 1996, for
25 "a handgun" substitute "a general category
handgun".
47. Insertion of new sections 119A and 119B
After section 119 of the Firearms Act 1996
insert--
30 "119A. Power of Chief Commissioner to require
firearm to have a serial number
(1) The Chief Commissioner may, before
registering a firearm, by notice in writing
require the person who possesses the firearm
35 to have that firearm stamped with a number
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that will enable that firearm to be
individually identified.
(2) A person to whom a notice under sub-section
(1) is addressed must comply with the notice
5 within 28 days of the giving of the notice,
unless the person has made an application
under section 119B within the 28 day period.
Penalty: 60 penalty units or 6 months
imprisonment.
10 (3) This section does not apply to a firearm that
is not required to be registered under this
Act.
119B. Application to have serial number affixed
by a method other than stamping
15 (1) A person who has received a notice in
writing from the Chief Commissioner under
section 119A(1) may apply to the Chief
Commissioner, in writing, to have the
number that enables the firearm to be
20 individually identified applied to the firearm
in a manner other than stamping.
(2) An application under sub-section (1) must be
made within 28 days of the giving of the
notice.
25 (3) On receiving an application under sub-
section (1), the Chief Commissioner may, in
writing, approve a manner of affixing the
number to the firearm other than by
stamping, and may impose conditions on that
30 approval.
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(4) A person to whom an approval under sub-
section (3) is addressed must comply with
the approval, within 28 days of the giving of
the approval.
5 Penalty: 60 penalty units or 6 months
imprisonment.".
48. Production of firearm for inspection
In section 120 of the Firearms Act 1996, after "at
any reasonable time" insert "and at any
10 reasonably convenient place".
49. Storage of handguns
(1) In section 121(2) of the Firearms Act 1996, after
"handgun licence" insert "for a general category
handgun".
15 (2) In section 121(2A) of the Firearms Act 1996,
after "handgun licence" insert "for a general
category handgun".
(3) In section 121(3) of the Firearms Act 1996, after
"a firearm" insert "under a handgun licence for a
20 category E handgun or".
(4) In section 121(3A) of the Firearms Act 1996,
after "cartridge ammunition" (where first
occurring) insert "under a handgun licence for a
category E handgun or".
25 50. Insertion of new section 121A
After section 121 of the Firearms Act 1996
insert--
"121A. Permit to store handguns
(1) The Chief Commissioner may grant a permit
30 to a person who is the holder of a general
category handgun licence or a dealers licence
to store, at the premises specified in the
permit, the handguns that are--
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(a) specified in the permit; and
(b) possessed by another holder of a
general category handgun licence who
is unable to comply with the condition
5 of the licence set out in section 16(2)(b)
or the condition set out in section
16(2)(c) because the holder--
(i) proposes to be absent from the
State for a substantial period of
10 time; or
(ii) is temporarily physically
incapacitated.
(2) The Chief Commissioner must not grant a
permit under this section--
15 (a) if the applicant is a prohibited person;
or
(b) unless the Chief Commissioner is
satisfied that the applicant is a fit and
proper person to hold such a permit; or
20 (c) unless the Chief Commissioner is
satisfied that the licence holder under
whose licence the handguns are
possessed, carried or used is unable to
comply with the condition of the
25 licence set out in section 16(2)(b) or the
condition set out in section 16(2)(c)
because the holder--
(i) proposes to be absent from the
State for a substantial period of
30 time; or
(ii) is temporarily physically
incapacitated.
(3) A permit under this section remains in force
for the period specified in the permit, but in
35 no case, for more than 12 months.
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(4) The Chief Commissioner may impose any
conditions on the permit that the Chief
Commissioner thinks fit.
(5) The holder of a permit under this section
5 does not commit an offence under this Part
or under section 7 when acting under and in
accordance with the permit.
(6) The licence holder under whose licence the
handguns are possessed, carried or used does
10 not commit an offence under this Part or
under section 7 or 36 when the handguns are
stored under and in accordance with the
permit.
(7) An application for a permit must be in the
15 form approved by the Chief Commissioner.
(8) The applicant must pay the prescribed fee for
such a permit.
(9) The holder of the permit must comply with
the permit.
20 Penalty: 60 penalty units.".
51. Storage of firearms under collectors licences
(1) In section 122(1) of the Firearms Act 1996, for
"(other than a Category E firearm)" substitute
"(that is not a category E handgun or a category E
25 longarm)".
(2) In section 122(2) of the Firearms Act 1996, for
"a category E firearm" substitute "a category E
handgun or a category E longarm".
52. Storage of handguns under a dealers licence
30 (1) In section 123(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
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(2) In section 123(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
53. Insertion of new Part 6A
5 After Part 6 of the Firearms Act 1996 insert--
'PART 6A--APPROVED CLUBS
Division 1--Approved Handgun Target
Shooting Clubs
123A. Power of the Chief Commissioner to
10 approve handgun target shooting clubs
(1) For the purposes of this Act the Chief
Commissioner may approve a person or
body that conducts handgun target shooting
matches, if that person or body is either--
15 (a) a person incorporated under the
Corporations Act; or
(b) a body incorporated under the
Associations Incorporation Act 1981.
(2) The Chief Commissioner must not approve a
20 person or body under sub-section (1) if any
person who is a director or office holder of
that person or body is a prohibited person.
123B. Approved handgun target shooting clubs--
Record keeping requirements
25 (1) In relation to any approved handgun target
shooting match conducted by an approved
handgun target shooting club, the club must
keep a record of--
(a) the time and place of the match; and
30 (b) details of any handgun used by each
person participating in the match; and
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(c) the name and handgun licence number
of each person participating in the
match.
(2) In relation to applications for membership of
5 the club, the club must keep a record of--
(a) a copy of each application that has been
made; and
(b) any information that had been given to
the club with each such application.
10 (3) Records that are required to be kept under
this section must be--
(a) in writing; and
(b) in the form approved by the Chief
Commissioner; and
15 (c) kept at the premises approved by the
Chief Commissioner; and
(d) available to be produced to or inspected
by a member of the police force at any
reasonable time.
20 123C. Approved handgun target shooting clubs--
Annual reports
(1) An approved handgun target shooting club
must, within the 3 months after the end of
each calendar year submit to the Chief
25 Commissioner a report setting out--
(a) a list giving details of all the approved
handgun target shooting matches
conducted by the club during the year;
and
30 (b) the names of all persons who were, at
any time during the year, members of
the club; and
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(c) in respect of each such member of the
club, if--
(i) the club is the only approved
handgun target shooting club of
5 which that person is a member; or
(ii) if the club has been nominated by
the member as his or her principal
club--
details of--
10 (iii) each approved handgun target
shooting match conducted by the
club that that member competed in
and details of each handgun used
by that member at each such
15 match; and
(iv) each approved handgun target
shooting match conducted by any
other approved handgun target
shooting club that that member
20 competed in and details of each
handgun used by that member at
each such match.
(2) A report under sub-section (1) must be--
(a) in writing; and
25 (b) in the form approved by the Chief
Commissioner.
(3) In this section "competed" has the same
meaning as in section 16.
123D. Approved handgun target shooting clubs--
30 Requirements as to members
(1) An approved handgun target shooting club
must take the prescribed measures to ensure
that any holder of a general category
handgun licence whose licence has been
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suspended or cancelled does not take part in
any handgun target shooting match
conducted by the club.
(2) An approved handgun target shooting club
5 must not admit a person as a member of the
club if the person is a prohibited person.
(3) An approved handgun target shooting club
must not admit a person as a member unless
a nominated officer of the club reasonably
10 believes that that person has submitted to the
club--
(a) any records about that person kept by
or on behalf of the Chief Commissioner
or any person holding a position
15 equivalent to that of the Chief
Commissioner in the Commonwealth or
in any other State or Territory of the
Commonwealth; and
(b) two character references from people
20 who are of or over the age of 18 years,
who are of good repute and who have
known the person for a minimum of
2 years; and
(c) the names of any other approved
25 handgun target shooting clubs of which
that person is a member; and
(d) the names of any other approved
handgun target shooting clubs which, at
any time in the 5 years immediately
30 preceding the application, the
applicant--
(i) has applied to join; or
(ii) has had a membership of; or
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(iii) has had a membership of
cancelled or suspended; or
(iv) has been refused membership of;
and
5 (e) on the form approved by the Chief
Commissioner--
(i) details of all handguns owned or
possessed by the applicant; and
(ii) details of any handguns (not in the
10 possession of the applicant) for
which the applicant--
(A) has applied for a permit to
acquire; or
(B) has, or has previously been
15 issued with, a permit to
acquire; or
(C) for which a permit to acquire
has previously been refused.
(4) An approved handgun target shooting club
20 must notify the Chief Commissioner--
(a) of the acceptance of each new member
of the club within 28 days of having
done so; and
(b) of the refusal of an application for
25 membership within 7 days of having
done so.
(5) For the purposes of this Act, a person is
taken not to be a member of an approved
handgun target shooting club until the Chief
30 Commissioner receives notification of that
person's membership under sub-section (3).
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123E. Approved handgun target shooting clubs--
Reports to the Chief Commissioner as to
unfit members
(1) If the nominated officers of an approved
5 handgun target shooting club believe--
(a) that a person who is a member of the
club is not a fit and proper person to
possess, carry or use a handgun; and
(b) that that person--
10 (i) has a general category handgun
licence under this Act; or
(ii) intends to apply for such a licence;
or
(iii) possesses or intends to possess a
15 firearm--
the nominated officers must so advise the
Chief Commissioner.
(2) If an approved handgun target shooting club
cancels or suspends the membership of a
20 person, within 7 days of cancelling or
suspending that membership, a nominated
officer, on behalf of the club, must so notify
the Chief Commissioner and must advise the
Chief Commissioner of the reasons for
25 cancelling or suspending that membership.
123F. Approved handgun target shooting clubs--
Power to endorse applications for general
category handgun licences
(1) For the purposes of section 15(3) or section
30 18(5), a nominated officer of an approved
handgun target shooting club, on behalf of
the club, may endorse an application for a
general category handgun licence by a
member of the club if the nominated officer
35 is satisfied that--
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(a) the member has successfully completed
a course in handgun safety approved by
the Chief Commissioner; and
(b) the member has a good knowledge of
5 firearms and firearms laws; and
(c) the member has safely participated in at
least 5 approved handgun target
shooting matches; and
(d) the member can comply with the
10 storage requirements of this Act.
(2) An endorsement under this section must be
made in the form and manner approved by
the Chief Commissioner.
123G. Approved handgun target shooting clubs--
15 Power to endorse applications for permits to
acquire
(1) For the purposes of section 104(1)(f) a
nominated officer of an approved handgun
target shooting club, on behalf of a club, may
20 endorse an application for a permit to acquire
a handgun by a member of the club if the
nominated officer is satisfied that--
(a) the member has successfully completed
a course in handgun safety approved by
25 the Chief Commissioner; and
(b) the member has a good knowledge of
firearms and firearms laws; and
(c) the member can comply with the
storage requirements of this Act; and
30 (d) the handgun is necessary to enable the
applicant to participate in a particular
class of approved handgun target
shooting matches conducted by the
club.
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(2) An endorsement under this section must be
made in the form and manner approved by
the Chief Commissioner.
Division 2--Approved Firearms Collectors
5 Clubs
123H. Power of the Chief Commissioner to
approve firearms collectors clubs
(1) For the purposes of this Act the Chief
Commissioner may approve a person or
10 body that has as its members persons who
collect firearms, if that person or body is
either--
(a) a person incorporated under the
Corporations Act; or
15 (b) a body incorporated under the
Associations Incorporation Act 1981.
(2) The Chief Commissioner must not approve a
person or body under sub-section (1) if any
person who is a director or office holder of
20 that person or body is a prohibited person.
123I. Approved firearms collectors clubs--Power
to endorse applications for firearms
collectors licences
(1) For the purposes of section 21(2)(c) or
25 section 21A(2)(c), a nominated officer of an
approved firearms collectors club, on behalf
of the club, may endorse an application for a
category 1 or category 2 firearms collectors
licence (as the case requires) by a member of
30 the club if the nominated officer is satisfied
that--
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(a) the member has a good knowledge of
firearms and firearms laws; and
(b) the member can comply with the
storage requirements of this Act.
5 (2) An endorsement under this section must be
made in the form and manner approved by
the Chief Commissioner.
123J. Approved firearms collectors clubs--Power
to endorse applications for permits to
10 acquire
(1) For the purposes of section 104(1)(g), a
nominated officer of an approved firearms
collectors club, on behalf of the club, may
endorse an application by a member for a
15 permit to acquire a handgun, if the
nominated officer is satisfied that--
(a) the handgun that the member is
intending to acquire under the permit is
a handgun the member is entitled to
20 hold under a category 1 or category 2
firearms collectors licence held by the
person; and
(b) the member understands handgun
safety; and
25 (c) the member has storage arrangements
for the handgun that comply with the
requirements of this Act.
(2) An endorsement under this section must be
made in the form and manner approved by
30 the Chief Commissioner.
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123K. Approved firearms collectors clubs--
Reports to the Chief Commissioner as to
unfit members
(1) If the nominated officers of an approved
5 firearms collectors club believe--
(a) that a person who is a member of the
club is not a fit and proper person to
possess, carry or use a firearm; and
(b) that that person--
10 (i) has a category 1 or category 2
firearms collectors licence under
this Act; or
(ii) intends to apply for such a licence;
or
15 (iii) possesses or intends to possess a
firearm--
the nominated officers must so advise the
Chief Commissioner.
(2) If an approved firearms collectors club
20 cancels or suspends the membership of a
person, within 7 days of cancelling or
suspending that membership, a nominated
officer, on behalf of the club, must so notify
the Chief Commissioner and must advise the
25 Chief Commissioner of the reasons for
cancelling or suspending that membership.
123L. Approved firearms collectors clubs--
Requirements as to members
An approved firearms collectors club--
30 (a) must not admit a person as a member of
the club if the person is a prohibited
person; and
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(b) must not admit a person as a member of
the club unless a nominated officer of
the club reasonably believes that that
person has submitted to the club--
5 (i) any records about that person kept
by or on behalf of the Chief
Commissioner or any person
holding a position equivalent to
that of the Chief Commissioner in
10 the Commonwealth or in any
other State or Territory of the
Commonwealth; and
(ii) two character references from
people who are of or over the age
15 of 18 years, who are of good
repute and who have known the
person for a minimum of 2 years;
and
(iii) the names of any other approved
20 firearms collectors clubs of which
that person is a member; and
(iv) the names of any other approved
firearms collectors clubs which, at
any time in the 5 years
25 immediately preceding the
application, the applicant--
(A) has had a membership of; or
(B) has had a membership of
cancelled or suspended; or
30 (C) has been refused
membership of.
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Division 3--General provisions applying to
approvals under this Part
123M. Application for an approval under this Part
(1) An application for an approval under this
5 Part must be in a form and manner approved
by the Chief Commissioner.
(2) An applicant must pay the fee prescribed for
the application.
123N. Requirement to nominate officers
10 (1) In an application for an approval under this
Part, the applicant must nominate one or
more persons, who are officers of the
applicant, to be nominated officers for the
purposes of this Act.
15 (2) If, at any time during the course of an
approval under this Part, there ceases to be
an officer of the club who is a nominated
officer, the club must nominate an officer to
be a nominated officer and must immediately
20 notify the Chief Commissioner of that
nomination.
(3) At any time during the course of an approval
under this Part, the club may nominate
another person to replace a nominated officer
25 and must immediately notify the Chief
Commissioner of that nomination.
(4) A person who is a prohibited person is not
entitled to be a nominated officer under this
section. If, at any time during the course of
30 an approval under this Part, a nominated
officer becomes a prohibited person, that
person ceases to be a nominated officer.
(5) A notice under this section must be in
writing.
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123O. Review of decision to refuse an approval
under this Part
An applicant for an approval under this Part
may, if the nominated officers of the
5 applicant are non-prohibited persons, apply
to the Committee for a review of a decision
of the Chief Commissioner not to grant the
approval or for a review of a failure of the
Chief Commissioner to make a decision on
10 the application within a reasonable time.
123P. Conditions for an approval under this Part
(1) An approval under this Part is subject to any
conditions imposed on the approval by the
Chief Commissioner.
15 (2) The Chief Commissioner may, at any time,
vary any condition imposed on an approval.
(3) The variation of a condition under this
section has effect on the giving of notice in
writing of that variation to the holder of the
20 approval.
123Q. Review of decision to vary the conditions of
an approval under this Part
The holder of an approval under this Part
may, if the officers of the holder are non-
25 prohibited persons, apply to the Committee
for a review of any decision of the Chief
Commissioner to vary any conditions on the
approval.
123R. Duration of an approval under this Part
30 An approval under this Part continues in
force for the period, not exceeding 5 years
from the issue or renewal of the approval,
that is specified in the approval.
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123S. Renewal of an approval under this Part
(1) Before the expiration of an approval under
this Part, the holder may apply to the Chief
Commissioner for renewal of the approval.
5 (2) A person or body who is making an
application for the renewal of an approval
under this Part must make that application to
the Chief Commissioner.
(3) An application must be in the form and
10 manner approved by the Chief
Commissioner.
(4) The applicant must pay the fee prescribed for
the application.
123T. Power of the Chief Commissioner to renew
15 an approval under this Part
(1) The Chief Commissioner may renew or
refuse to renew an approval under this Part
and, if the approval is to be renewed, the
Chief Commissioner may alter or vary the
20 conditions on the approval or impose further
conditions on the approval.
(2) The Chief Commissioner must not renew an
approval under this Part if any person who is
a director or officer of the club is a
25 prohibited person.
123U. Review of a decision not to renew an
approval under this Part
An applicant for the renewal of an approval
under this Part may, if the officers of the
30 applicant are non-prohibited persons, apply
to the Committee for a review of a decision
of the Chief Commissioner not to renew the
approval or for a review of a failure of the
Chief Commissioner to make a decision on
35 the application within a reasonable time.
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123V. Power of Chief Commissioner to cancel an
approval under this Part
(1) The Chief Commissioner may cancel an
approval under this Part, if after considering
5 any submissions made within the time fixed
for making submissions, the Chief
Commissioner is satisfied that--
(a) the club has failed to comply with any
provision of this Act; or
10 (b) the club has failed to comply with any
condition imposed on the approval of
the club by the Chief Commissioner.
(2) If the Chief Commissioner proposes under
sub-section (1) to cancel an approval, before
15 doing so the Chief Commissioner must so
notify the club in writing.
(3) A club that has received a notice under sub-
section (2) may, within 28 days of receiving
that notice, make written submissions to the
20 Chief Commissioner on the proposal to
cancel the approval.
123W. Review of decision to cancel an approval
under this Part
The holder of an approval under this Part
25 whose approval has been cancelled under
section 123V may, if the officers of the
holder are non-prohibited persons, apply to
the Committee for a review of that decision.'.
54. Insertion of new section 124AA
30 Before section 124 of the Firearms Act 1996
insert--
"124AA. Conspiring to commit and aiding the
commission of an offence outside Victoria
(1) A person who, in Victoria--
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(a) conspires with another person or
persons to commit an offence (in this
section called the principal offence) in a
place outside Victoria, being an offence
5 punishable under the provisions of a
law in force in that place that
corresponds to a provision of this Act;
or
(b) aids, abets, counsels, procures, solicits
10 or incites the commission of an offence
(in this section called the principal
offence) in any place outside Victoria,
being an offence punishable under the
provisions of a law in force in that
15 place that corresponds to a provision of
this Act--
is guilty of an offence.
(2) A person who is guilty of an offence under
sub-section (1)--
20 (a) is liable to the same penalty as that
which the person would be subject to;
and
(b) may be dealt with in the same manner
as that in which the person would be
25 dealt with--
if the principal offence had been committed
in Victoria.".
55. Possession of cartridge ammunition
In section 124(1)(a) of the Firearms Act 1996,
30 after "under this Act" insert "or a permit under
section 58A".
56. Safekeeping of handguns while being carried or used
(1) In section 126(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
35 handgun".
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(2) In section 126(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
57. Access to and carriage or use of handgun by person
5 other than possessor
(1) In section 127(2) of the Firearms Act 1996, omit
"or a handgun".
(2) After section 127(2) of the Firearms Act 1996
insert--
10 "(2A) The possessor of a handgun must not permit
a person to have access to or to carry or use
that handgun if that person is not--
(a) so authorised by a licence under Part 2
or a permit under Division 10 of that
15 Part; or
(b) exempted by this Act from the
requirement to be so authorised.
Penalty: 1200 penalty units or 10 years
imprisonment.".
20 58. Insertion of new section 127A
After section 127 of the Firearms Act 1996
insert--
"127A. Offence to use firearms held under a
firearms collectors licence
25 (1) A person must not use a firearm held under a
firearms collectors licence unless that person
is the holder of a permit issued under
section 58.
Penalty: 240 penalty units or 4 years
30 imprisonment.
(2) If a member of the police force reasonably
believes that a firearm held under a
collectors licence has been discharged, while
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that firearm was being held under the
collectors licence, that member of the police
force may, in accordance with a warrant
issued under the Magistrates' Court Act
5 1989, take possession of that firearm and
may cause tests to be carried out on the
firearm to determine whether or not it has
been fired.".
59. Increase of penalty
10 In section 134(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
substitute "600 penalty units or 7 years
imprisonment".
60. Insertion of new sections 134A, 134B and 134C
15 After section 134 of the Firearms Act 1996
insert--
"134A. Requirement to obtain consent of Chief
Commissioner to certain alterations of
firearms
20 A person must not alter a firearm so that it
becomes a different category of firearm
unless, before doing so, the person obtains
the consent of the Chief Commissioner to do
so.
25 Penalty: 60 penalty units.
134B. Requirement to notify Chief Commissioner
of certain alterations to firearms
A person who alters the calibre of a firearm
in a manner not provided for in the original
30 manufacture of the firearm must notify the
Chief Commissioner of the alteration within
7 days of doing so.
Penalty: 30 penalty units.
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134C. Offence to possess a firearm that has been
altered in a particular way
A person must not possess a firearm on
which the serial number has been defaced or
5 altered, if the defacing or altering of the
serial number is not in accordance with this
Act.
Penalty: 240 penalty units or 4 years
imprisonment.".
10 61. Offence to own firearm without a licence to possess
(1) In section 135(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
(2) In section 135(3) of the Firearms Act 1996, after
15 "category E longarm" insert "or a category E
handgun".
62. False or misleading information
(1) Insert the following heading to section 140A of
the Firearms Act 1996--
20 "Making false or misleading statements or using
false or misleading information".
(2) In section 140A of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
substitute "240 penalty units or 4 years
25 imprisonment".
(3) At the end of section 140A of the Firearms Act
1996 insert--
"(2) A person must not, when required to identify
himself or herself for the purposes of this
30 Act, make a false or misleading statement or
use false or misleading information.
Penalty: 240 penalty units or 4 years
imprisonment.".
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63. Restrictions on delegation powers of the Chief
Commissioner
In section 176 of the Firearms Act 1996, for
"except this power of delegation" substitute
5 "except the following--
(a) this power of delegation;
(b) the power of the Chief Commissioner to
make a decision not to issue a general
category handgun licence for the reason set
10 out in section 17(c)(ia);
(c) the power of the Chief Commissioner to
cancel a general category handgun licence
for the reason set out in section 49(1)(fa)".
64. Insertion of new section 176A
15 After section 176 of the Firearms Act 1996
insert--
"176A. Annual Report of Chief Commissioner
The Chief Commissioner must, in each year,
within 3 months after the expiry of the time
20 allowed for approved handgun target
shooting clubs to make a report under
section 123C, submit to the Minister a report
setting out details of the information
requested by the Minister in relation to those
25 reports.".
65. Disclosure of information
At the end of section 181 of the Firearms Act
1996 insert--
"(2) Despite sub-section (1), in relation to an
30 application for membership of an approved
handgun target shooting club or an approved
firearms collectors club, the Chief
Commissioner may disclose, to a nominated
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officer of the club, any information as to the
following--
(a) the firearms held by the applicant for
membership of the club;
5 (b) any other approved handgun target
shooting club or approved firearms
collectors club (as the case requires) of
which the applicant is a member;
(c) any other approved handgun target
10 shooting club or approved firearms
collectors club (as the case requires) of
which the Chief Commissioner is aware
the applicant has been refused
membership in the 5 years immediately
15 preceding the application;
(d) any firearms licence held by the
applicant that has been cancelled in the
5 years immediately preceding the
application;
20 (e) any application for a licence or permit
under this Act by the applicant that has
not been granted by the Chief
Commissioner in the 5 years
immediately preceding the
25 application.".
66. Insertion of new section 181A
After section 181 of the Firearms Act 1996
insert--
"181A. Requirement for Chief Commissioner to
30 disclose certain information to certain
approved clubs
(1) If the Chief Commissioner cancels or
suspends--
(a) a general category handgun licence that
35 is held for the reason of target shooting,
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the Chief Commissioner must inform
any approved handgun target shooting
club of which the holder of that licence
is a member of that cancellation or
5 suspension; or
(b) a category 1 or category 2 firearms
collectors licence, the Chief
Commissioner must inform any
approved firearms collectors club of
10 which the holder of that licence is a
member of that cancellation or
suspension.
(2) The Chief Commissioner does not commit
an offence under section 181 when acting
15 under this section.".
67. Immunity from liability
(1) In section 183(1) of the Firearms Act 1996--
(a) for "registered medical practitioner,
registered psychologist or registered nurse"
20 substitute "health professional";
(b) for "reasonably believes" substitute
"believes";
(c) for "the practitioner, psychologist or nurse is
not subject to any civil or criminal liability
25 for informing the Chief Commissioner of his
or her reasonable belief" substitute "the
health professional may so advise the Chief
Commissioner, and is not subject to any civil
or criminal liability for doing so, if the
30 advice is given in good faith".
(2) In section 183(2) of the Firearms Act 1996--
(a) after "approved club" insert "or approved
handgun target shooting club";
(b) for "reasonably believes" substitute
35 "believes";
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(c) for "the officer is not subject to any civil or
criminal liability for informing the Chief
Commissioner of his or her reasonable
belief" substitute "the officer may so advise
5 the Chief Commissioner, and is not subject
to any civil or criminal liability for doing so,
if the advice is given in good faith".
(3) At the end of section 183 of the Firearms Act
1996 insert--
10 '(3) A nominated officer of an approved handgun
target shooting club or an approved firearms
collectors club, as the case requires, is not
subject to any civil or criminal liability for
giving advice to the Chief Commissioner, in
15 good faith, under section 123E or 123K.
(4) In this section "health professional" means
any one of the following--
(a) a registered medical practitioner;
(b) a registered psychologist;
20 (c) a registered nurse;
(d) a prescribed class of social worker;
(e) a prescribed class of professional
counsellor.'.
68. Interstate handgun licence holders
25 In section 187(2) of the Firearms Act 1996--
(a) in paragraph (a), for "a handgun licence"
substitute "a handgun licence for general
category handguns";
(b) in paragraph (c), for "a handgun licence"
30 substitute "a handgun licence for general
category handguns".
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69. Indictable offences
In section 189A of the Firearms Act 1996--
(a) after "5(1)" insert ", (1A)";
(b) for "6(5)" substitute "6(3), (4), (5) and (6),
5 6A(1), (2) and (3), 7(1), (2), (3), (4), (5) and
(6), 7A(1) and (6), 7B(1) and (2), 7C";
(c) for "95(3)," substitute "95(2), (2A), (3) and
(4)";
(d) for "96(3)," substitute "96(2), (2A), (3) and
10 (4)";
(e) after "100(3)," insert "101A(1), 101B(2) and
(3),";
(f) for "102(3)," substitute" 102(2A), (3) and
(3A),";
15 (g) for "127(3)," substitute "127(2A) and (3),
127A(1),";
(h) after "134(1), (2) and (3)," insert "134C,";
(i) for "and 138" substitute ", 138 and
140A(2)".
20 70. Supreme Court--Limitation of jurisdiction
At the end of section 190 of the Firearms Act
1996 insert--
"(2) It is the intention of section 183, as amended
by section 66 of the Firearms (Trafficking
25 and Handgun Control) Act 2003, to alter or
vary section 85 of the Constitution Act
1975.".
71. Regulation making powers
In section 191(1) of the Firearms Act 1996, after
30 paragraph (c) insert--
"(ca) classes of firearms that fall within the
definition of category E handguns;".
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72. Insertion of new sections 200A to 200D
After section 200 of the Firearms Act 1996
insert--
"200A. Transitional provision--Firearms
5 (Trafficking and Handgun Control) Act
2003--dealers licences
Despite the commencement of section 35 of
the Firearms (Trafficking and Handgun
Control) Act 2003, section 75A does not
10 apply to a person who was, immediately
before that commencement the holder of a
dealers licence, until that person is required
under this Act to renew that licence.
200B. Transitional provision--Firearms
15 (Trafficking and Handgun Control) Act
2003--handgun licences
On and from the commencement of section 9
of the Firearms (Trafficking and Handgun
Control) Act 2003, a licence issued under
20 section 15, as in force before the
commencement of section 9 of that Act,
is deemed to be a licence issued under
section 15, as in force on and from the
commencement of section 9 of that Act.
25 200C. Transitional provision--Firearms
(Trafficking and Handgun Control) Act
2003--applications for handgun licences
In the case of an application for a handgun
licence in force immediately before the
30 commencement of section 9 of the Firearms
(Trafficking and Handgun Control) Act
2003--
(a) subject to paragraph (b), section 15, as
in force on and from that
35 commencement, is deemed to apply to
that application;
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(b) section 15(2)(b)(ii), as in force on and
from that commencement, is deemed
not to apply to that application.
200D. Transitional provision--Firearms
5 (Trafficking and Handgun Control) Act
2003--firearms collectors licences
On and from the commencement of
section 16 of the Firearms (Trafficking and
Handgun Control) Act 2003, a licence, in
10 force immediately before the commencement
of that section, issued under section 21, as in
force before the commencement of
section 16 of that Act, is deemed to be a
licence issued under section 21, as in force
15 on and from the commencement of
section 16 of that Act.".
73. Special conditions for handgun licences
(1) In clause 3 of Schedule 2 to the Firearms Act
1996--
20 (a) Insert the following heading to the clause--
"Handgun licences for general category
handguns";
(b) in sub-clause (1), for "a handgun" substitute
"a general category handgun";
25 (c) in sub-clause (2)(a), after "handgun licence"
insert "for general category handguns".
(2) In clause 4 of Schedule 2 to the Firearms Act
1996--
(a) in sub-clause (1)(c), for "a handgun" (where
30 first occurring) substitute "a general
category handgun";
(b) in sub-clause (2), for "a handgun" substitute
"a general category handgun".
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(3) In clause 5 of Schedule 2 to the Firearms Act
1996--
(a) in sub-clause (9), after "Any" insert
"handgun or";
5 (b) in sub-clause (10), after "Any" insert
"handgun or".
74. Persons exempt from the requirement to hold a
handgun licence for general category handguns
In Schedule 3 to the Firearms Act 1996--
10 (a) after item 3 insert--
"
Any person When possessing or
3A.
acting under a carrying a firearm
contract with the for his or her official
Chief duties when so
Commissioner. authorised by the
Chief
Commissioner.
Any holder of a When carrying a
3B.
general category general category
handgun licence. handgun for the
purposes of
conducting a
firearms safety
training course.
".
(b) for Column 1 of item 4 substitute--
"A person who is of or over the age of
18 years, and who is receiving instruction in
the use of a general category handgun--
15 (a) by or under the immediate supervision
of the holder of a general category
handgun licence; and
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s. 74
(b) for the purposes of obtaining a general
category handgun licence for the reason
set out in section 15(1)(a) or (c)--
and who has not received any such
5 instruction on more than two previous
occasions.";
(c) in Column 2 of item 4, for "a hand gun"
substitute "a general category handgun";
(d) for Column 1 of item 5A substitute--
10 "A person who is of or over the age of
12 years and under the age of 18 years--
(a) who is receiving instruction in the use
of a general category handgun by or
under the immediate supervision of a
15 person--
(i) who is the holder of a general
category handgun licence; and
(ii) who has written consent to give
the instruction from a parent or
20 guardian of the person who is
receiving the instruction; and
(b) who has not received any such
instruction on more than two previous
occasions; and
25 (c) who has the written consent of his or
her parent or guardian to receive the
instruction.".
(e) in Column 2 of item 5A, for "a handgun"
substitute "a general category handgun";
30 (f) in Column 1 of item 12, for "a handgun"
substitute "a general category handgun".
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Part 2--Amendments to the Firearms Act 1996
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75. Storage requirements for general category handguns
(1) Insert the following heading to clause 2 of
Schedule 4 to the Firearms Act 1996--
"Longarm licences for category C or category D
5 longarms and handgun licences for general
category handguns".
(2) After clause 2(2) of Schedule 4 of the Firearms
Act 1996 insert--
"(2A) The key to the container in which the firearm
10 is stored must be kept securely in a separate
room from the container when the container
is not in use.".
(3) For clause 3(2) of Schedule 4 to the Firearms Act
1996 substitute--
15 "(2) If more than 5 firearms are stored on the
premises where the firearm is stored, the
premises must be fitted with a monitored
alarm system of a class approved by the
Chief Commissioner.".
20 (4) After clause 3(2) of Schedule 4 to the Firearms
Act 1996 insert--
"(2A) The key to the container in which the firearm
is stored must be kept securely in a separate
room from the container when the container
25 is not in use.".
__________________
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Act No.
Part 3--Amendments to the Magistrates' Court Act 1989
s. 76
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
76. Amendments to Schedule 4 to the Magistrates' Court
Act 1989
5 See:
In Schedule 4 to the Magistrates' Court Act Act No.
1989-- 51/1989.
Reprint No. 8
(a) in item 49B for "section 6(5)" substitute as at
24 April 2002
"section 6(3), (4), (5) and (6)"; and
amending
(b) after item 49B insert-- Act Nos
2/2001, 2/2002,
10 "49BA. Offence to possess, carry or use an 23/2002,
unregistered longarm 26/2002,
27/2002,
Offences under section 6A(1), (2) and (3) of the 35/2002,
Firearms Act 1996. 37/2002 and
47/2002.
49BB. Offence for non-prohibited person to possess, LawToday:
15 www.dms.
carry or use a handgun without a licence
dpc.vic.
Offences under section 7(1), (2), (3), (4), (5) gov.au
and (6) of the Firearms Act 1996.
49BC. Offence for holder of general category
handgun licence to possess, carry or use
20 certain types of handguns under the licence
Offences under section 7A(1) and (6) of the
Firearms Act 1996.
49BD. Offence to possess, carry or use an
unregistered general category handgun
25 Offences under section 7B(1) of the Firearms
Act 1996.".
(c) in item 49J for "section 95(3)" substitute
"section 95(2), (2A), (3) and (4)";
(d) in item 49K for "section 96(3)" substitute
30 "section 96(2), (2A), (3) and (4)";
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s. 76
(e) after item 49M insert--
"49MA. Offence to finance the illegal acquisition or
disposal of firearms
Offences under section 101B(2) and (3) of the
5 Firearms Act 1996.";
(f) in item 49N for "section 102(3)" substitute
"section 102(2A), (3) and (3A)";
(g) in item 49U for "section 127(3)" substitute
"section 127(2A) and (3)";
10 (h) after item 49U insert--
"49UA. Offence to use firearm held under a firearms
collectors licence
Offences under section 127A(1) of the
Firearms Act 1996.";
15 (i) after item 49W insert--
"49WA. Offence to possess a firearm that has been
altered in a particular way
Offences under section 134C of the Firearms
Act 1996.";
20 (j) after item 49ZA insert--
"49ZB. Offence to make false or misleading statement
or to use false or misleading information
Offences under section 140A(2) of the
Firearms Act 1996.".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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