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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Firearms Act 1996
Act No.
TABLE OF PROVISIONS
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PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 3
4. Act binds the Crown 13
PART 2--POSSESSION, CARRIAGE OR USE OF FIREARMS
AND RELATED ITEMS 14
Division 1--Offences 14
5. Offence for prohibited person to possess, carry or use a firearm 14
6. Offence for non-prohibited person to possess, carry or use a
longarm without a licence 14
7. Offence for non-prohibited person to possess, carry or use a
handgun without a licence 15
8. Offence to acquire, dispose of possess or carry ammunition for
collections 16
Division 2--Longarm Licences 16
9. Issue of longarm licences 16
10. Reasons for applying for longarm licence, category A or B 17
11. Reasons for applying for a longarm licence, category C 19
12. Reasons for applying for a longarm licence, category D 20
13. Reasons for applying for a longarm licence, category E 21
14. Conditions applying to longarm licences 22
Division 3--Handgun Licences 23
15. Issue of handgun licences 23
16. Conditions applying to handgun licences 24
Division 4--General Provisions Applying to Longarm and Handgun
Licences 24
17. General discretion of Chief Commissioner to refuse a longarm or
handgun licence 24
Division 5--Junior Licences 25
18. Issue of junior licences 25
19. Conditions applying to junior licences 25
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20. General discretion of Chief Commissioner to refuse a junior
licence 26
Division 6--Firearms Collectors and Heirlooms Licences 27
21. Issue of firearms collectors licences 27
22. Conditions applying to firearms collectors licences 27
23. General discretion of Chief Commissioner to refuse a firearms
collectors licence 27
24. Register to be kept by holder of firearms collectors licence 28
25. Issue of firearms heirlooms licences 29
26. Conditions applying to firearms heirlooms licences 29
27. General discretion of Chief Commissioner to refuse a firearms
heirlooms licence 29
Division 7--Firearms Ammunition Collectors Licences 30
28. Issue of firearms ammunition collectors licences 30
29. General discretion of Chief Commissioner to refuse a firearms
ammunition collectors licence 30
30. Conditions applying to firearms ammunition collectors licences 31
Division 8--General Provisions applying to licences under this Part 31
31. Application for a licence 31
32. Information which is required for an application for a licence 32
33. 28 day waiting period 33
34. Review of decision not to issue a licence 33
35. Particulars of licences 33
36. Offence not to comply with licence conditions 34
37. Variation of licence conditions 35
38. Review of a decision to vary licence conditions 35
39. Duration of licences 35
40. Requirement to notify Chief Commissioner of change of
nominated person 35
41. Renewal of licences 36
42. General discretion of Chief Commissioner to refuse to renew a
licence or to alter or vary the conditions of a licence 37
43. Circumstances in which the Chief Commissioner may alter or
vary conditions on a licence 38
44. Review of a decision not to renew a licence 38
45. Disposal of firearms where licence not renewed 39
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Division 9--Suspension and Cancellation of Licences under this Part 40
46. Immediate cancellation of a licence 40
47. Suspension of a licence and notice of proposal to cancel 40
48. Making of submissions 41
49. Power of Chief Commissioner to cancel licence under this Part 41
50. Review of decision to cancel a licence 42
51. Notice of Chief Commissioner's decision 42
52. Coming into effect of cancellation 43
53. Surrender of firearms and licence document 43
Division 10--Exemptions and Permits 44
54. Persons who are exempt from the Part 44
55. Employees of licensed firearms dealers 44
56. Permits to display firearms or ammunition collections 46
57. Permits to possess, carry or use silencers or prescribed items 47
58. Permits to carry or use firearms held under a collectors licence 48
PART 3--CARRYING ON THE BUSINESS OF DEALING IN
FIREARMS AND RELATED ITEMS 49
Division 1--Licensing of Firearms Dealers 49
59. Offence to carry on business of dealing in firearms 49
60. Issue of dealers licences 50
61. General discretion of Chief Commissioner to refuse a dealers
licence 50
62. Review of decision not to issue licence 51
Division 2--General Provisions Applying to Dealers Licences 51
63. Application for a dealers licence 51
64. Information required for an application by a natural person for a
dealers licence 52
65. Information required for an application by a body corporate for a
dealers licence 52
66. 28 day waiting period 53
67. Particulars of dealers licences 53
68. Offence not to comply with licence conditions 53
69. Variation of dealers licence conditions 53
70. Review of a decision to vary licence conditions 54
71. Duration of licences 54
72. Renewal of dealers licences 54
73. General discretion of Chief Commissioner to refuse to renew a
dealers licence 55
74. Review of decision not to renew licence 56
75. Requirement to notify Chief Commissioner of persons employed
in business or change of nominated person 56
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Division 3--Suspension, Cancellation and Transfer of Dealers
Licences 57
76. Immediate cancellation of a dealers licence 57
77. Suspension of a dealers licence and notice of proposal to cancel 57
78. Making of submissions 58
79. Power of Chief Commissioner to cancel a dealers licence 59
80. Notice of Chief Commissioner's decision 60
81. Coming into effect of cancellation 60
82. Right of appeal against cancellation of licence 61
83. Surrender of firearms and licence document 61
84. Application to carry on business 61
85. Chief Commissioner may transfer authority to conduct business 62
86. Prohibition on any other transfer of licence 62
Division 4--Records to be Kept by Licensed Firearms Dealers 63
87. Requirement to keep register of transactions 63
88. Firearms to be labelled with transaction details 65
89. Power to inspect register and stock 65
90. Power to require production of licence 65
Division 5--Display by Dealers 66
91. Display of firearms by dealers 66
92. Display Offences 67
PART 4--ACQUISITION AND DISPOSAL OF FIREARMS AND
RELATED ITEMS 68
Division 1--Offences relating to the Acquisition and Disposal of
Firearms 68
93. Persons from whom a dealer can acquire firearms 68
94. Persons to whom a dealer can dispose of firearms 69
95. Prohibition on acquisition of firearm except from licensed
firearms dealer 70
96. Prohibition on disposal of firearm except to licensed firearms
dealer 71
97. Fees to be charged by dealers 72
98. Requirement for taking or giving of possession of firearm to be
in person 72
99. Control of acquisition from a place outside the State 72
100. Control of disposal to place outside the State 73
101. Prohibitions on advertising 74
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Division 2--Permit to Acquire a Firearm 75
102. Offence to acquire a firearm without a permit 75
103. Issue of permit to acquire 75
104. General discretion of Chief Commissioner to refuse to issue a
permit to acquire 76
105. Application for a permit to acquire 77
106. 28 day waiting period 78
107. Form of permit 78
108. Conditions applying to a permit 78
109. Offence not to comply with permit conditions 78
110. Duration of permit 78
111. Cancellation of permit 78
112. Surrender of firearms acquired under cancelled permit 79
PART 5--REGISTRATION OF FIREARMS 80
113. Keeping of register 80
114. Exemption from Freedom of Information Act 80
115. Notice of bringing into the State 80
116. Notice of removal from the State 81
117. Certificate of registration 81
118. Notice of transactions 82
119. Power of Chief Commissioner to require information 82
120. Offence not to produce firearm for inspection 82
PART 6--STORAGE 83
121. Storage of firearms under longarm and handgun licences 83
122. Storage of firearms under firearms collectors and firearms
heirlooms licences and ammunition under firearms ammunition
collectors licence 84
123. Storage of firearms under dealers licences 85
PART 7--FURTHER OFFENCES AND LEGAL PROCEEDINGS 86
124. Possession of ammunition 86
125. Disposal of ammunition to unauthorised persons 86
126. Safekeeping of firearms and ammunition while being carried or
used 87
127. Use of firearm by person other than the possessor 88
128. Offence to damage property with a firearm 89
129. Offence to use a firearm in a dangerous manner 89
130. Offence to carry or use a firearm in certain places 89
131. Offence to possess, carry or use a firearm on private property
without consent 90
132. Offence to carry or use a firearm while intoxicated 91
133. Disposal of a firearm to person who is intoxicated 91
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134. Offence to alter a firearm 91
135. Offence to own a firearm without a licence to possess 92
136. Disposal of firearms to minors 93
137. Alteration of documents 93
138. False entries 93
139. Notification of change of address 93
140. Requirement to notify Chief Commissioner of loss etc. 93
141. Statements of the Chief Commissioner as evidence 94
142. Liability of officers of body corporate or nominated persons for
offences committed by the body corporate 94
143. How to determine state of mind of a body corporate 94
144. Liability of body corporate or licence holder for acts of directors,
employees or agents 95
145. Evidence of possession 95
PART 8--FURTHER ENFORCEMENT POWERS 96
146. Warrants to search premises 96
147. Announcement before entry 97
148. Copy of the warrant to be given to occupier 97
149. Search of persons or vehicles 98
150. Power to require production of licence 98
151. Powers of court to order forfeiture of firearms 98
152. Disposal of forfeited firearms 99
153. Power of court to make an order with respect to the disposal of a
firearm 99
PART 9--FIREARMS APPEALS COMMITTEE 100
Division 1--Establishment of Committee 100
154. Establishment of Committee 100
155. Membership of the Committee 100
156. Terms of office 101
157. Resignation and removal 101
158. Chairperson 102
159. Acting member 102
160. Payment of members 103
161. Procedure of the Committee 103
162. Effect of vacancy or defect 104
Division 2--Review of Decisions of the Chief Commissioner 104
163. Power of committee to sit in divisions 104
164. Decision of a Division 105
165. Change in composition of a Division 105
166. Procedure of Division 105
167. How to commence a proceeding 106
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PART 10--INFRINGEMENT NOTICES 107
168. Power to serve a notice 107
169. Form of notice 107
170. Penalties to be paid for offences under infringement notices 108
171. Late payment of penalty 108
172. Withdrawal of notice 108
173. Effect of payment of penalty 109
174. Application of penalty 109
175. Proceedings where infringement notice served 110
PART 11--GENERAL 112
176. Power of delegation 112
177. Duplicate licences 112
178. Application for duplicate licence 112
179. Power of Chief Commissioner to make approvals 112
180. Deceased estates 112
181. Disclosure of information 113
182. Appeals from decisions of Committee 114
183. Immunity from liability 114
184. Exemptions for museums 115
185. Interstate licence holders--temporary visitors 116
186. Temporary visitor permit 117
187. Interstate licence holders--permanent residents 118
188. Power to approve schemes of compensation 119
189. Application to be deemed not to be a prohibited person 119
190. Supreme Court--Limitation of jurisdiction 120
191. Regulations 120
PART 12--TRANSITIONAL PROVISIONS 124
192. Definitions 124
193. Repeal of Firearms Act 1958 124
194. References 124
195. Licences authorities permits and schemes 124
196. Right to apply to court under section 189 before commencement
of part of Act 131
197. Appeals and rights to appeal 131
198. Sunset on licences and permits issued under repealed provisions 131
199. Declarations 132
200. Prison officers 132
201. Consequential--Crimes Act 1958 and Magistrates' Court
Act 1989 132
56B. Crimes Act 133
202. Insertion of new section in Crimes Act 1958 133
32. Use of firearms in the commission of offences 133
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203. Consequential--Crimes (Family Violence) Act 1987 133
204. Consequential--Court Security Act 1980 136
205. Consequential--National Parks Act 1975 136
206. Consequential--Second-Hand Dealers and Pawnbrokers
Act 1989 136
207. Consequential--Wildlife Act 1975 136
__________________
SCHEDULES 137
SCHEDULE 1--General Conditions for licences under Part 2 137
SCHEDULE 2--Special Conditions for licences under Part 2 138
SCHEDULE 3--Non-prohibited persons who are exempt from
requirement to hold a licences under Part 2 143
SCHEDULE 4--Storage requirements 145
NOTES 148
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A BILL
to re-enact, with amendments, the Firearms Act 1958 to make various
consequential amendments to other Acts and for other purposes.
Firearms Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purposes of this Act are to--
(a) to give effect to the principle that the
possession, carriage, use, acquisition and
5
disposal of firearms are conditional on the
need to ensure public safety and peace by--
(i) establishing a system of licensing and
regulating the possession, carriage and
use of firearms and related items which
10
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Firearms Act 1996
s. 2
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does not allow for self defence to be
used as a reason for obtaining a licence
to possess, carry or use a firearm; and
(ii) establishing a system of licensing and
regulating the carrying on of the
5
business of dealing in firearms; and
(iii) establishing a system of permitting and
regulating the acquisition and disposal
of firearms and related items; and
(iv) establishing a system of registering
10
firearms; and
(v) establishing requirements for the secure
storage and carriage of firearms; and
(vi) establishing a Firearms Appeals
Committee to hear applications for
15
review of decisions of the Chief
Commissioner under the Act; and
(vii) making provision for the education of
the community in the safe and
responsible use of firearms; and
20
(viii) making other related provisions; and
(b) to repeal the Firearms Act 1958; and
(c) to make various consequential amendments
to other Acts.
2. Commencement
25
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
30
day or days to be proclaimed.
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(3) If a provision referred to in sub-section (2) does
not come into operation before 31 January 1998, it
comes into operation on that day.
3. Definitions
(1) In this Act--
5
"acquire" includes buy, offer to buy or come into
the possession of, but does not include
borrow;
"approved club" means a club approved by the
Chief Commissioner under section 10(3) or
10
section 15(3);
"approved shooting range" means a shooting
range approved by the Chief Commissioner
under section 179;
"airgun" includes air rifle and paintball gun;
15
"carry" in relation to a firearm, includes the
carriage of that firearm either as a whole or
in parts and either by one person or more
than one person;
"category A longarm" means any of the
20
following--
(a) an airgun;
(b) a rimfire rifle (other than a semi-
automatic rimfire rifle);
(c) a shotgun (other than a pump action or
25
semi-automatic shotgun);
(d) any combination of a shotgun and
rimfire rifle;
"category B longarm" means any of the
following--
30
(a) a muzzle loading firearm;
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(b) a centre fire rifle (other than an
automatic or a semi-automatic centre
fire rifle);
(c) any combination of a shotgun and
centre fire rifle;
5
"category C longarm" means any of the
following--
(a) a semi-automatic rimfire rifle with a
magazine capacity of no more than 10
rounds;
10
(b) a semi-automatic shotgun with a
magazine capacity of no more than 5
rounds;
(c) a pump action shotgun with a magazine
capacity of no more than 5 rounds;
15
(d) a tranquilliser gun;
"category D longarm" means any of the
following--
(a) a semi-automatic rimfire rifle with a
magazine capacity of more than 10
20
rounds;
(b) a semi-automatic shotgun with a
magazine capacity of more than 5
rounds;
(c) a pump action shotgun with a magazine
25
capacity of more than 5 rounds;
(d) a semi-automatic centre fire rifle;
(e) any other firearm prescribed for the
purposes of this category;
"category E longarm" means any of the
30
following--
(a) a machine gun;
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(b) a tear gas gun or projector;
(c) a shotgun or rifle with a length of less
than 75 centimetres measured parallel
to the barrel;
(d) a cannon, mortar, bazooka, rocket
5
propelled grenade or similar large
calibre military firearm designed to fire
an explosive or projectile or any other
similar prescribed firearm;
(e) any other firearm prescribed for the
10
purposes of this category;
"Chief Commissioner" means the Chief
Commissioner of Police appointed under the
Police Regulation Act 1958;
"Committee" means the Firearms Appeals
15
Committee established under Part 9;
"dealers licence" means a firearms dealers
licence issued under section 60;
"Department" has the same meaning as in the
Public Sector Management Act 1992;
20
"Department Head" has the same meaning as in
the Public Sector Management Act 1992;
"dispose of " includes sell, offer to sell, have in
possession for the purposes of sale, barter or
exchange but does not include lend;
25
"drug" has the same meaning as in the Road
Safety Act 1986;
"firearm" means any device, whether or not
assembled or in parts and whether or not
operable or complete or temporarily or
30
permanently inoperable or incomplete--
(a) which is designed or adapted to
discharge shot or a bullet or other
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missile by the expansion of gases
produced in the device by the ignition
of strongly combustible materials or by
compressed air or other gases, whether
stored in the device in pressurised
5
containers or produced in the device by
mechanical means; or
(b) which has the appearance of such a
device--
and--
10
(c) which is not--
(i) an industrial tool powered by
cartridges containing gunpowder
which is designed and intended
for use for fixing fasteners or
15
plugs or for similar purposes; or
(ii) a captive bolt humane killer; or
(iii) a spear gun designed for
underwater use; or
(iv) a device designed for the
20
discharge of signal flares; or
(v) a device which was manufactured
before 1900, which is not breech
loading and for which ammunition
is not available; or
25
(vi) a device commonly known as a
kiln gun or ringblaster, designed
specifically for knocking out or
down solid material in kilns,
furnaces or cement silos; or
30
(vii) a device commonly known as a
line thrower designed for
establishing lines between
structures or natural features and
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s. 3 Act No.
powered by compressed air to
other compressed gases and used
for rescue purposes, rescue
training or rescue demonstration;
or
5
(viii) a device of a prescribed class;
"firearms ammunition collectors licence"
means a firearms ammunition collectors
licence issued under section 28;
"firearms collectors licence" means a firearms
10
collectors licence issued under section 21;
"firearms heirlooms licence" means a firearms
heirlooms licence issued under section 25;
"fixed ammunition" means ammunition having a
bullet or other projectile and a priming
15
device fixed to or enclosed in a cartridge
case which is composed wholly or partly of
material other than paper;
"handgun" means a firearm that--
(a) is reasonably capable of being carried
20
or concealed about the person; or
(b) is reasonably capable of being raised
and fired by one hand; or
(c) does not exceed 65 centimetres in
length measured parallel to the barrel;
25
"handgun licence" means a licence issued under
section 15;
"infringement penalty" means the amount stated
in an infringement notice as payable in
respect of the offence to which the
30
infringement notice relates;
"junior licence" means a licence issued under
section 18;
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"licensed firearms dealer" means a person who
is the holder of a dealers licence;
"licensed premises" in relation to dealers
licence, means the premises specified in
dealers licence;
5
"longarm" means any firearm other than a
handgun;
"longarm licence" means a licence issued under
section 9;
"machine gun" means a firearm which can fire
10
more than one projectile with a single
pressure of the trigger or other like
appliance;
"member of the police force" has the same
meaning as "member of the force" in the
15
Police Regulation Act 1958;
"nominated person" means any person
nominated in an application for a licence
under Part 2 or Part 3 or any person
nominated in the place of that person during
20
the course of the licence, notice of whose
nomination has been given to the Chief
Commissioner;
"non-prohibited person" means a person who is
not a prohibited person;
25
"officer"--
(a) in relation to a body corporate which is
a corporation within the meaning of the
Corporations Law, has the same
meaning as in section 82A of that Law;
30
and
(b) in relation to a body corporate which is
not a corporation within the meaning of
that Law, means any person (by
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Firearms Act 1996
s. 3 Act No.
whatever name called) who is
concerned in or takes part in the
management of the body corporate--
but does not include an employee of the
body corporate;
5
"permit to acquire" means a permit issued under
section 103;
"pest animals" has the same meaning as in the
Catchment and Land Protection Act 1994;
"possession" in relation to a firearm, includes--
10
(a) actual physical possession of the
firearm; or
(b) custody or control of the firearm; or
(d) having and exercising access to the
firearm, either solely or in common
15
with others;
"prohibited person" means--
(a) a person who is serving a term of
imprisonment for--
(i) an indictable offence; or
20
(ii) an assault; or
(iii) an offence under the Drugs,
Poisons and Controlled
Substances Act 1981--
or, in relation to a person--
25
(iv) not more than 15 years have
expired since the person finished
serving a term of imprisonment of
more than 5 years for such an
offence; or
30
(v) not more than 5 years have
expired since the person finished
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serving a term of imprisonment of
less than 5 years for such an
offence; or
(b) a person who is serving a term of
imprisonment in another State or a
5
Territory for an offence of a
corresponding nature to an offence
listed in paragraph (a) or in relation to a
person--
(i) not more than 15 years have
10
expired since the person finished
serving a term of imprisonment in
another State or a Territory of
more than 5 years for such an
offence; or
15
(ii) or not more than 5 years have
expired since that person finished
serving a term of imprisonment in
another State or a Territory of less
than 5 years for such an offence;
20
or
(c) a person who is subject to--
(i) an intervention order under
section 4 of the Crimes (Family
Violence) Act 1987 or an order of
25
a corresponding nature made in
another State or a Territory; or
(ii) a community based order which
includes a condition referred to in
section 38(1)(b) of the Sentencing
30
Act 1991--
or, in relation to a person, not more
than 5 years have expired since the
person was subject to such an order; or
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(d) a person who is found guilty by a
court--
(i) of an offence against this Act, in
relation to which it is open to the
court to impose a term of
5
imprisonment; or
(ii) of an offence against any other
Act involving the possession or
use of firearms and in relation to
which it is open to the court to
10
impose a term of imprisonment--
or, in relation to a person, not more
than 12 months have expired since the
person was found guilty of such an
offence; or
15
(e) found guilty by a court of an indictable
offence, or in relation to a person, not
more than 12 months have expired
since the person was found guilty of
such an offence; or
20
(f) is of a class of persons prescribed by
the regulations;
"protective services officer" means a protective
services officer under Part VIA of the Police
Regulation Act 1958;
25
"pump action shotgun" means a shotgun which
is, or has been at any time, constructed with
an action which includes a moveable forearm
or fore-end which is manually activated by a
motion parallel to the barrel by the person
30
using the gun;
"registered medical practitioner" has the same
meaning as in the Medical Practice Act
1994;
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"registered nurse" has the same meaning as in
the Nurses Act 1993;
"registered psychologist" has the same meaning
as in the Psychologists Registration Act
1987;
5
"responsible person" means--
(a) in the case of a body corporate, any
officer of the body corporate or the
person nominated in an application for
a licence by a body corporate under
10
Part 2 or 3; or
(b) in the case of a Department--
(i) the person authorised by the
Department Head to make an
application for a licence under
15
Part 2; or
(ii) the person nominated in an
application for a licence on behalf
of a Department under Part 2;
"semi-automatic" when used to describe a rifle
20
or shotgun, means a rifle or shotgun which is
constructed or has been, at any time,
constructed so that--
(a) each bullet or missile is discharged by a
separate application of pressure to the
25
trigger; and
(b) the energy of the discharge is used as
part of the reloading cycle of the rifle
or shotgun (as the case may be);
"shooting gallery" means any room, gallery,
30
saloon, land or premises used with the
permission of a Council (within the meaning
of the Local Government Act 1989) for the
purpose of practising shooting with airguns,
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other than paintball guns, whether on
payment or otherwise;
"silencer" means any instrument or thing by
means of which the sound caused by the
discharge of a firearm is rendered less
5
audible, whether the instrument or thing
forms part of the firearm or is or can be
affixed or attached to the firearm;
"term of imprisonment" includes--
(a) a term that is suspended wholly or
10
partly; and
(b) any term of imprisonment that is served
by way of intensive correction in the
community; and
(c) any period during which a person has
15
been released on parole under the
Corrections Act 1986; and
(d) any period of detention in a youth
training centre.
4. Act binds the Crown
20
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
_______________
25
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Firearms Act 1996
s. 5
Act No.
PART 2--POSSESSION, CARRIAGE OR USE OF FIREARMS
AND RELATED ITEMS
Division 1--Offences
5. Offence for prohibited person to possess, carry or use
a firearm
5
(1) A prohibited person must not possess, carry or use
a firearm.
Penalty: 600 penalty units or 7 years
imprisonment.
(2) A prohibited person must not possess, carry or
10
use--
(a) a silencer; or
(b) any other prescribed item.
Penalty: 240 penalty units or 4 years
imprisonment.
15
6. Offence for non-prohibited person to possess, carry or
use a longarm without a licence
(1) A non-prohibited person must not possess, carry
or use a category A longarm unless the longarm is
registered and that person does so under and in
20
accordance with a licence issued under this Part.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A non-prohibited person must not possess, carry
or use a category B longarm unless the longarm is
25
registered and that person does so under and in
accordance with a licence issued under this Part.
Penalty: 60 penalty units or 12 months
imprisonment.
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(3) A non-prohibited person must not possess, carry
or use a category C longarm unless the longarm is
registered and that person does so under and in
accordance with a licence issued under this Part.
Penalty: 120 penalty units or 2 years
5
imprisonment.
(4) A non-prohibited person must not possess, carry
or use a category D longarm unless the longarm is
registered and that person does so under and in
accordance with a licence issued under this Part.
10
Penalty: 120 penalty units or 2 years
imprisonment.
(5) A non-prohibited person must not possess, carry
or use a category E longarm unless the longarm is
registered and that person does so under and in
15
accordance with a licence issued under this Part.
Penalty: 240 penalty units or 4 years
imprisonment.
(6) A non-prohibited person must not possess, carry
or use a longarm which is not a longarm to which
20
sub-section (1), (2), (3), (4) or (5) applies.
Penalty: 120 penalty units or 2 years
imprisonment.
7. Offence for non-prohibited person to possess, carry or
use a handgun without a licence
25
A non-prohibited person must not possess, carry
or use a handgun unless the handgun is registered
and that person does so under and in accordance
with a licence issued under this Part.
Penalty: 120 penalty units or 2 years
30
imprisonment.
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8. Offence to acquire, dispose of possess or carry
ammunition for collections
A person must not acquire, dispose of, possess or
carry ammunition for the purposes of collecting
ammunition unless that person does so under
5
and in accordance with a licence issued under this
Part.
Penalty: 60 penalty units or 12 months
imprisonment.
Division 2--Longarm Licences
10
9. Issue of longarm licences
(1) The Chief Commissioner may licence a person to
possess, carry or use registered category A
longarms for the reason specified in the licence.
(2) The Chief Commissioner may licence a person to
15
possess, carry or use registered category B
longarms for the reason specified in the licence.
(3) The Chief Commissioner may licence a person to
possess, carry or use--
(a) not more than one registered category C
20
longarm, being a rifle; and
(b) not more than one registered category C
longarm, being a shotgun--
for the reason specified in the licence.
(4) The Chief Commissioner may licence a person to
25
possess, carry or use--
(a) not more than one registered category D
longarm, being a rifle; and
(b) not more than one registered category D
longarm, being a shotgun--
30
for the reason specified in the licence.
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(5) The Chief Commissioner may licence a person to
possess, carry or use one or more category E
longarms for the reason specified in the licence.
10. Reasons for applying for longarm licence, category A
or B
5
(1) The Chief Commissioner must not issue a
longarm licence for category A or B longarms
unless the applicant can demonstrate that the
licence is required for one or more of the
following reasons--
10
(a) for sport or target shooting;
(b) for hunting;
(c) for primary production;
(d) for the occupation of security guard or prison
guard;
15
(e) for an official or commercial purpose or for a
purpose authorised by an Act or regulations.
(2) For the purpose of demonstrating that the licence
is required for--
(a) sport or target shooting--
20
(i) the applicant must be a member of a
shooting club or shooting organisation
which is approved by the Chief
Commissioner; and
(ii) the applicant must engage in--
25
(A) sport or target shooting at an
approved range using longarms
that are not category C or D
longarms; or
(B) paintball activities at a location
30
approved by the Chief
Commissioner using paintball
guns;
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(b) hunting, the applicant must--
(i) produce written evidence that the
applicant owns, occupies or manages
the land on which he or she intends to
hunt; or
5
(ii) produce written evidence from the
owner or manager of any privately
owned land on which he or she intends
to hunt that he or she may be permitted
from time to time to use that land for
10
the purposes of hunting; or
(iii) if the applicant is the holder of a game
licence issued under the Wildlife Act
1975, produce the licence; or
(iv) produce written evidence that he or she
15
is from time to time formally employed,
engaged or contracted to shoot pest
animals or take game;
(c) primary production, the applicant must
produce evidence that he or she is regularly
20
engaged in the business of primary
production as an owner, lessee or manager of
land used for the primary production or is a
person employed for the purposes of such a
business;
25
(d) the occupation of security or prison guard,
the applicant must--
(i) hold a licence under the Private
Agent's Act 1966 or be a prison
officer, a contractor or a sub-contractor
30
within the meaning of the Corrections
Act 1986 or an employee of such a
contractor or sub-contractor; and
(ii) produce evidence that the duties he or
she performs as a security guard, prison
35
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officer, contractor, sub-contractor or
employee are such as to require the
carriage or use of a category A or B
longarm;
(e) for an official or commercial purpose or
5
purpose authorised by an Act or regulations,
the applicant must produce evidence that the
licence is required for that purpose.
(3) The Chief Commissioner may approve any
shooting club or shooting organisation for the
10
purposes of sub-section (2).
11. Reasons for applying for a longarm licence,
category C
(1) The Chief Commissioner must not issue a
longarm licence for category C longarms unless--
15
(a) the applicant can demonstrate that the
licence is required for one of the following
reasons--
(i) primary production;
(ii) professional hunting;
20
(iii) clay target shooting;
(iv) an official or commercial purpose or for
a purpose authorised by an Act or
regulations; and
(b) the applicant has a genuine need to possess,
25
carry or use a category C firearm which
relates to the applicant's reason for requiring
the licence and which cannot be satisfied by
a category A or B firearm or by other means.
(2) For the purposes of demonstrating that the licence
30
is required for--
(a) primary production, the applicant must
produce evidence that he or she is
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substantially engaged in the business of
primary production as an owner, lessee or
manager of land used for primary production
or is a person employed, full time, in such a
business;
5
(b) professional hunting, the applicant must
produce evidence that he or she is
substantially dependant on hunting as a
source of income and enters into formal
engagements or contracts to hunt
10
professionally;
(c) clay target shooting, the applicant must--
(i) be a member of a clay target shooting
club or organisation approved by the
Chief Commissioner; and
15
(ii) engage in clay target shooting at an
approved shooting range; and
(iii) demonstrate other prescribed
requirements;
(d) for an official or commercial purpose or
20
purpose authorised by an Act or regulations,
the applicant must produce evidence that the
licence is required for that purpose.
(3) The Chief Commissioner may approve any clay
target shooting club or clay target shooting
25
organisation for the purposes of sub-section (2).
12. Reasons for applying for a longarm licence,
category D
(1) The Chief Commissioner must not issue a
longarm licence for category D longarms unless--
30
(a) the applicant can demonstrate that the
licence is required for one of the following
reasons--
(i) professional hunting;
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(ii) an official or commercial purpose or for
a purpose authorised by an Act or
regulations; and
(b) in the case of an applicant who requires the
licence for professional hunting, the Chief
5
Commissioner is satisfied that the quarry the
applicant proposes to hunt cannot be hunted
with any category of firearm other than a
category D longarm.
(2) For the purposes of demonstrating that the licence
10
is required for--
(a) professional hunting, the applicant must
produce evidence that he or she is
substantially dependant on hunting as a
source of income and enters into formal
15
engagements or contracts to hunt
professionally;
(b) for an official or commercial purpose or
purpose authorised by an Act or regulations,
the applicant must produce evidence that the
20
licence is required for that purpose.
13. Reasons for applying for a longarm licence, category
E
(1) The Chief Commissioner must not issue a
longarm licence for category E longarms unless--
25
(a) the applicant can demonstrate that the
licence is required for an official or
commercial purpose or for a purpose
authorised by an Act or regulations; and
(b) if the application is in respect of more than
30
one category E longarm, the applicant can
demonstrate a compelling reason for more
than one such longarm to be possessed,
carried or used under the licence.
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(2) For the purposes of demonstrating that the licence
is required for an official or commercial purpose
or a purpose authorised by an Act or regulations,
the applicant must produce evidence that the
licence is required for that purpose.
5
14. Conditions applying to longarm licences
(1) A longarm licence for a category A or B longarm
is subject to--
(a) the general conditions specified in items 1, 2
and 3 of Schedule 1; and
10
(b) the special conditions specified in item 1 of
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
15
(2) A longarm licence for a category C longarm is
subject to--
(a) the general conditions specified in items 1, 2
and 3 of Schedule 1; and
(b) the special conditions specified in item 2 of
20
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
(3) A longarm licence for a category D longarm is
25
subject to--
(a) the general conditions specified in items 1, 2
and 3 of Schedule 1; and
(b) any other conditions imposed on the licence
or the category of licence by the Chief
30
Commissioner.
(4) A longarm licence for a category E longarm is
subject to--
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(a) the general conditions specified in items 1, 2
and 3 of Schedule 1; and
(b) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
5
Division 3--Handgun Licences
15. Issue of handgun licences
(1) The Chief Commissioner may licence a person to
possess, carry or use a handgun for all or any of
the following reasons--
10
(a) for the occupation of security guard;
(b) for target shooting;
(c) for an official or commercial purpose or for a
purpose authorised by an Act or regulations.
(2) For the purpose of demonstrating that the licence
15
is required for--
(a) the occupation of security guard, the
applicant must--
(i) hold a licence under the Private
Agent's Act 1966; and
20
(ii) in the case of an applicant who is a
natural person, produce evidence that
the duties he or she performs as a
security guard are such as to require the
carriage and use of a handgun;
25
(b) target shooting, the applicant must be a
current member of a shooting club or
shooting organisation which is approved by
the Chief Commissioner;
(c) for an official or commercial purpose or
30
purpose authorised by an Act or regulations,
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the applicant must produce evidence that the
licence is required for that purpose.
(3) The Chief Commissioner may approve any
shooting club or shooting organisation for the
purposes of sub-section (2).
5
16. Conditions applying to handgun licences
A handgun licence is subject to--
(a) the general conditions specified in items 1, 2
and 3 of Schedule 1; and
(b) the special conditions specified in item 3 of
10
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
Division 4--General Provisions Applying to Longarm and
15
Handgun Licences
17. General discretion of Chief Commissioner to refuse a
longarm or handgun licence
(1) The Chief Commissioner must not issue a
longarm or handgun licence--
20
(a) if the applicant or any responsible person in
relation to the application is a prohibited
person; or
(b) if the applicant or any responsible person in
relation to the application is under the age of
25
18 years; or
(c) unless the Chief Commissioner is satisfied
that--
(i) the applicant and all the responsible
persons in relation to the application
30
are fit and proper persons; and
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(ii) the applicant can possess, carry or use a
firearm without being a danger to
public safety or peace; and
(iii) the applicant has satisfactorily
completed a course of firearms safety
5
approved by the Chief Commissioner
and has a good knowledge of firearms
law; and
(iv) the applicant can comply with the
storage requirements set out by or
10
under the Act; and
(v) the issue of the licence is in the public
interest; or
(d) for any prescribed reason.
Division 5--Junior Licences
15
18. Issue of junior licences
The Chief Commissioner may licence a natural
person who is of or over 12 years of age and under
18 years of age to carry or use category A or B
longarms or handguns of the type specified in the
20
licence for the purpose of receiving instruction in
the use of such firearms or engaging in
competition shooting.
19. Conditions applying to junior licences
A junior licence is subject to--
25
(a) the general conditions specified in items 2
and 3 of Schedule 1; and
(b) the special conditions specified in item 4 of
Schedule 2; and
(c) any other conditions imposed on the licence
30
or the category of licence by the Chief
Commissioner.
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20. General discretion of Chief Commissioner to refuse a
junior licence
The Chief Commissioner must not issue a junior
licence--
(a) to a prohibited person; or
5
(b) unless the Chief Commissioner is satisfied
that--
(i) the applicant is a fit and proper person
to be permitted to carry a category A or
B longarm or a handgun; and
10
(ii) the applicant can possess, carry or use a
firearm without being a danger to
public safety or peace; and
(iii) the applicant has satisfactorily
completed a course in firearms safety
15
approved by the Chief Commissioner
and has a good knowledge of firearms
law; and
(iv) the issue of the licence is in the public
interest; or
20
(c) unless the application is made with the
written consent of the parent or guardian of
the applicant; or
(d) for any prescribed reason.
25
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Division 6--Firearms Collectors and Heirlooms Licences
21. Issue of firearms collectors licences
(1) The Chief Commissioner may licence a person to
possess, and carry firearms for the purposes of
collecting firearms.
5
(2) The Chief Commissioner must not issue a licence
under sub-section (1) unless the applicant--
(a) is and has been, for at least 6 months, a
member of an organisation of firearms
collectors approved by the Chief
10
Commissioner; and
(b) can demonstrate that the firearms collected
will be of obvious and significant
commemorative, historical, thematic or
investment value.
15
22. Conditions applying to firearms collectors licences
A firearms collectors licence is subject to--
(a) the general conditions specified in items 1
and 2 of Schedule 1; and
(b) the special conditions specified in item 5 of
20
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
23. General discretion of Chief Commissioner to refuse a
25
firearms collectors licence
(1) The Chief Commissioner must not issue a
firearms collectors licence--
(a) if the applicant or any responsible person in
relation to the application is a prohibited
30
person; or
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(b) if the applicant or any responsible person in
relation to the application is under 18 years
of age; or
(c) unless the Chief Commissioner is satisfied
that--
5
(i) the applicant and all responsible
persons in relation to the application
are fit and proper persons; and
(ii) the applicant can possess or carry a
firearm without being a danger to
10
public safety or peace; and
(iii) the applicant can comply with the
storage requirements set out by or
under the Act; and
(iv) the issue of the licence is in the public
15
interest; or
(d) for any prescribed reason.
24. Register to be kept by holder of firearms collectors
licence
A person who is the holder of a firearms collectors
20
licence must--
(a) keep a register at the premises specified in
the licence which has a record of the
firearms kept under the licence and which is
in the form approved by the Chief
25
Commissioner; and
(b) enter prescribed particulars of any dealings
in firearms held under the licence in the
register within 24 hours after the dealing
takes place.
30
Penalty: 120 penalty units or 2 years
imprisonment.
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25. Issue of firearms heirlooms licences
The Chief Commissioner may licence a natural
person who is of or over the age of 18 years to
possess and carry a single firearm or a matched
pair of firearms if that person--
5
(a) is not able to satisfy the requirements to
obtain a licence under any other provision of
this Part; and
(b) can demonstrate that he or she inherited the
firearm.
10
26. Conditions applying to firearms heirlooms licences
A firearms heirlooms licence is subject to--
(a) the general conditions specified in items 1
and 2 of Schedule 1; and
(b) the special conditions specified in item 6 of
15
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
27. General discretion of Chief Commissioner to refuse a
20
firearms heirlooms licence
The Chief Commissioner must not issue a
firearms heirlooms licence--
(a) if the applicant is a prohibited person; or
(b) unless the Chief Commissioner is satisfied
25
that--
(i) the applicant is a fit and proper person;
and
(ii) the applicant can possess or carry a
firearm without being a danger to
30
public safety or peace; and
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(iii) the applicant can comply with the
storage requirements set out by or
under the Act; and
(iv) the issue of the licence is in the public
interest; or
5
(c) for any prescribed reason.
Division 7--Firearms Ammunition Collectors Licences
28. Issue of firearms ammunition collectors licences
(1) The Chief Commissioner may licence a person to
acquire, dispose of, possess or carry ammunition
10
for the purposes of collecting ammunition.
(2) The Chief Commissioner must not issue a licence
under sub-section (1) unless the person is a
member of an organisation of firearms collectors
approved by the Chief Commissioner.
15
29. General discretion of Chief Commissioner to refuse a
firearms ammunition collectors licence
The Chief Commissioner must not issue a
firearms ammunition collectors licence--
(a) if the applicant or any responsible person in
20
relation to an application is a prohibited
person; or
(b) if the applicant or any responsible person in
relation to an application is under the age of
18 years; or
25
(c) unless the Chief Commissioner is satisfied
that--
(i) the applicant and all responsible
persons in relation to an application are
fit and proper persons; and
30
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(ii) the applicant can possess or carry
ammunition without being a danger to
public safety or peace; and
(iii) the applicant can comply with the
storage requirements set out by or
5
under the Act; and
(iv) the issue of the licence is in the public
interest; or
(d) for any prescribed reason.
30. Conditions applying to firearms ammunition
10
collectors licences
A firearms ammunition collectors licence is
subject to--
(a) the general conditions specified in items 1
and 2 of Schedule 1; and
15
(b) the special conditions specified in item 7 of
Schedule 2; and
(c) any other conditions imposed on the licence
or the category of licence by the Chief
Commissioner.
20
Division 8--General Provisions applying to licences under
this Part
31. Application for a licence
(1) A person who is making an application for a
licence under this Part must make that application
25
to the Chief Commissioner.
(2) An application must be in a form and manner
approved by the Chief Commissioner and verified
by a statutory declaration; and
(3) An applicant must pay the fee prescribed for the
30
category of licence applied for.
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32. Information which is required for an application for a
licence
(1) An application by a natural person for a licence
under this Part must be accompanied by--
(a) proof of the identity of the applicant being, if
5
the Chief Commissioner so requires, proof in
the same manner and to the same extent as is
required for an identification reference under
the Financial Transactions Reports Act 1988
of the Commonwealth; and
10
(b) in the case of an application for a longarm
licence for a category D or E longarm, a
handgun licence or a firearms collectors
licence, a full set of the applicant's
fingerprints.
15
(2) An application by a body corporate for a licence
under this Part must--
(a) specify the officers of the body corporate;
and
(b) nominate a person who will be responsible
20
for the storage and day to day management
of firearms possessed under that licence; and
(c) be accompanied by, in respect of the
responsible persons--
(i) proof of the identity of each person
25
being, if the Chief Commissioner so
requires, proof in the same manner and
to the same extent as is required for an
identification reference under the
Financial Transactions Reports Act
30
1988 of the Commonwealth; and
(ii) a full set of each person's fingerprints.
(3) An application on behalf of a Department for a
licence under this Part must--
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(a) be made by a person authorised by the
Department Head; and
(b) nominate the person who is to be responsible
for the storage and day to day management
of firearms possessed under that licence; and
5
(c) be accompanied by, in respect of the
responsible persons--
(i) proof of the identity of each person,
being, if the Chief Commissioner so
requires, proof in the same manner and
10
to the same extent as is required for an
identification reference under the
Financial Transactions Reports Act
1988 of the Commonwealth; and
(ii) a full set of each person's fingerprints.
15
33. 28 day waiting period
The Chief Commissioner must not issue a licence
under this Part until at least 28 days have expired
after the making of the application.
34. Review of decision not to issue a licence
20
A non-prohibited person who has applied for a
licence under this Part may apply to the
Committee for a review of a decision of the Chief
Commissioner--
(a) not to issue a licence; or
25
(b) to impose a condition on a licence.
35. Particulars of licences
(1) A licence under this Part must contain the
following particulars--
(a) the name and address of the holder of the
30
licence; and
(b) the category of the licence; and
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(c) any particulars required by this Act to be
specified in the licence; and
(d) the reason for which the applicant has been
issued with the licence; and
(e) a summary of the storage requirements
5
imposed by or under the Act; and
(f) any other prescribed particulars.
(2) A licence under this Part must contain a recent
photograph of--
(a) in the case of a licence issued to a natural
10
person, that person; or
(b) in any other case, the nominated person--
which complies with the Chief Commissioner's
requirements.
36. Offence not to comply with licence conditions
15
(1) A person who is the holder of a longarm licence
for category A or B longarms must comply with
any conditions to which the licence is subject.
Penalty: 60 penalty units or 12 months
imprisonment.
20
(2) A person who is the holder of a longarm licence
for category C or D longarms or a handgun
licence must comply with any conditions to which
the licence is subject.
Penalty: 120 penalty units or 2 years
25
imprisonment.
(3) A person who is the holder of a longarm licence
for category E longarms must comply with any
conditions to which the licence is subject.
Penalty: 240 penalty units or 4 years
30
imprisonment.
34
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37. Variation of licence conditions
(1) The Chief Commissioner may, at any time vary
any condition imposed on a licence under this Part
by the Chief Commissioner.
(2) The variation of a condition under this section has
5
effect upon the giving of notice of that variation to
the holder of the licence.
38. Review of a decision to vary licence conditions
A non-prohibited person who is the holder of a
licence under this Part may apply to the
10
Committee for a review of a decision of the Chief
Commissioner to alter or vary any of the
conditions on the licence.
39. Duration of licences
(1) A licence under this Part, other than a longarm
15
licence for a category C, D or E longarm or a
junior licence continues in force for the period,
not exceeding 5 years from the issue or renewal of
the licence, that is specified in the licence.
(2) A longarm licence for a category C, D or E
20
longarm continues in force for the period, not
exceeding 3 years from the issue or renewal of the
licence, that is specified in the licence.
(3) A junior licence continues in force for the period
of 3 years from the issue or renewal of the licence
25
or until the holder turns 18 years of age
(whichever is the earlier).
40. Requirement to notify Chief Commissioner of change
of nominated person
(1) If the person nominated in an application under
30
section 31 becomes a prohibited person during the
course of a licence, the holder of the licence must
nominate another person to be responsible for the
storage and day to day management of firearms
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possessed under that licence and must
immediately notify the Chief Commissioner of
that nomination.
Penalty: 60 penalty units or 12 months
imprisonment.
5
(2) At any time during the course of a licence, the
holder of the licence may nominate a person to
replace the person nominated in the application
under section 31 and must immediately notify the
Chief Commissioner of that nomination.
10
Penalty: 20 penalty units.
(3) A notice under this section must--
(a) be in writing; and
(b) be accompanied by--
(i) proof of the identity of the person,
15
being, if the Chief Commissioner so
requires, proof in the same manner and
to the same extent as is required for an
identification reference in the Financial
Transactions Reports Act 1988 of the
20
Commonwealth; and
(ii) a full set of the person's fingerprints.
Penalty: 20 penalty units.
41. Renewal of licences
(1) Before the expiration of a licence under this Part,
25
the holder may apply to the Chief Commissioner
for renewal of the licence.
(2) A person who is making an application for the
renewal of a licence under this Part must make
that application to the Chief Commissioner.
30
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(3) An application must--
(a) be in a form and manner approved by the
Chief Commissioner; and
(b) be verified by statutory declaration.
(4) An application must be accompanied by--
5
(a) a list of all the firearms in the possession of
the applicant; and
(b) in the case of an application by a body
corporate, if any of the responsible persons
has changed during the course of the
10
licence--
(i) proof of the identity of the new persons,
being, if the Chief Commissioner so
requires, proof in the same manner and
to the same extent as is required for an
15
identification reference in the Financial
Transactions Reports Act 1988 of the
Commonwealth; and
(ii) a full set of each person's fingerprints.
(5) The applicant must pay the fee prescribed for the
20
category of licence applied for.
42. General discretion of Chief Commissioner to refuse to
renew a licence or to alter or vary the conditions of a
licence
(1) The Chief Commissioner may renew or refuse to
25
renew a licence under this Part and, if a licence is
to be renewed, the Chief Commissioner may alter
or vary the conditions on the licence or impose
further conditions on the licence.
(2) The Chief Commissioner must not renew the
30
licence--
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(a) if the applicant can no longer demonstrate
that he or she has the reason for which the
licence was previously issued; or
(b) if the applicant or any responsible person in
relation to the application is a prohibited
5
person; or
(c) unless the Chief Commissioner is satisfied
that--
(i) the applicant and all responsible
persons in relation to the application
10
are fit and proper persons; and
(ii) the applicant can comply with the
storage requirements set out by or
under the Act; and
(iii) the renewal of the licence is in the
15
public interest; or
(d) for any prescribed reason.
43. Circumstances in which the Chief Commissioner may
alter or vary conditions on a licence
The Chief Commissioner may alter or vary the
20
conditions on the licence--
(a) if the applicant can no longer demonstrate
that he or she has the reason for which, in
respect of any of the firearms possessed
under the licence, the licence was issued; or
25
(b) for any other prescribed reason.
44. Review of a decision not to renew a licence
A non-prohibited person who has applied for a
renewal of a licence under this Part may apply to
the Committee for a review of a decision of the
30
Chief Commissioner--
(a) not to renew that licence; or
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(b) to alter or vary any of the conditions on the
licence.
45. Disposal of firearms where licence not renewed
(1) A person whose licence is not renewed does not
commit an offence under this Part if he or she
5
possesses or carries a firearm held under that
licence for a period of 28 days after the licence
expires for the purposes of disposing of the
firearm.
(2) If a condition on a licence is altered or varied
10
under section 43, the holder of the licence does
not commit an offence under this Part if he or she
possesses or carries a firearm held under that
licence which must be disposed of because of that
alteration or variation for a period of 28 days after
15
the alteration or variation for the purposes of
disposing of the firearm.
(3) A person who is disposing of a category A or B
longarm in the circumstances to which sub-section
(1) or (2) applies must dispose of that firearm to a
20
licensed firearms dealer.
Penalty: 60 penalty units or 12 months
imprisonment.
(4) A person who is disposing of a category C or D
longarm or a handgun in the circumstances to
25
which sub-section (1) or (2) applies must dispose
of that firearm to a licensed firearms dealer.
Penalty: 120 penalty units or 2 years
imprisonment.
(5) A person who is disposing of a category E
30
longarm in the circumstances to which sub-section
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(1) or (2) applies must dispose of that firearm in
the manner specified in the licence.
Penalty: 240 penalty units or 4 years
imprisonment.
Division 9--Suspension and Cancellation of Licences under
5
this Part
46. Immediate cancellation of a licence
(1) Immediately on becoming aware that--
(a) the holder of the licence under this Part; or
(b) in the case of a licence which is held by a
10
body corporate, any officer of the body
corporate--
is a prohibited person the Chief Commissioner
must cancel the licence.
(2) The Chief Commissioner must notify the holder of
15
the licence of the cancellation of the licence,
either personally or by post.
47. Suspension of a licence and notice of proposal to
cancel
(1) If the Chief Commissioner is satisfied that there
20
may be grounds for cancelling a licence under
section 49 the Chief Commissioner may suspend
the licence.
(2) The Chief Commissioner must serve notice of the
suspension of the licence on the holder of the
25
licence either personally or by post.
(3) A notice under sub-section (2) must--
(a) state that the licence is suspended; and
(b) state that the Chief Commissioner is satisfied
that there are grounds for the cancellation of
30
the licence; and
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(c) set out those grounds; and
(d) state that the holder of the licence may make
written submissions on the proposal and that
any written submissions made must be made
within 28 days of the giving of the notice.
5
(4) A suspension under this section remains in
force--
(a) if the Chief Commissioner decides to cancel
the licence, until the coming into effect of
the cancellation; or
10
(b) if the Chief Commissioner decides not to
cancel the licence, until the making of that
decision.
(5) The holder of a licence, whose licence is
suspended is deemed not to be the holder of a
15
licence for the period of the suspension.
48. Making of submissions
(1) The holder of a licence who has been notified
under section 47 may make written submissions
on the proposal to cancel the licence.
20
(2) Submissions made under sub-section (1) must be
made within 28 days of the holder being notified.
49. Power of Chief Commissioner to cancel licence under
this Part
The Chief Commissioner may cancel a licence
25
suspended under section 47 if, after considering
any submissions made within the time fixed for
making submissions, the Chief Commissioner is
satisfied that--
(a) the holder no longer has the reason specified
30
in the licence for holding the licence; or
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(b) the holder has failed to notify the Chief
Commissioner of a change of his or her
address; or
(c) the holder has knowingly supplied false or
misleading information in a material
5
particular in, or in connection with the
application for the licence or renewal of the
licence; or
(d) the holder has contravened or failed to
comply with the conditions of the licence; or
10
(e) the holder has contravened or failed to
comply with any requirement for the storage
of firearms possessed, carried or used under
the licence; or
(f) the holder of the licence or any responsible
15
person in relation to the licence is no longer
a fit and proper person; or
(g) the holder of the licence cannot carry on, or
be employed in the business without being a
danger to public safety or peace; or
20
(h) the holder of the licence or a responsible
person in relation to the licence has
contravened a provision of this Act or the
regulations; or
(i) the holder is no longer entitled to hold the
25
licence for any other prescribed reason.
50. Review of decision to cancel a licence
The holder of a licence under this Part whose
licence has been cancelled by the Chief
Commissioner under section 49 may, if the holder
30
is a non-prohibited person, apply to the
Committee for a review of that decision.
51. Notice of Chief Commissioner's decision
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(1) The Chief Commissioner must notify the holder of
the licence as to whether or not he or she has
decided to cancel the licence under section 49 and
must set out the reasons for that decision in the
notice.
5
(2) A notice under sub-section (1) may be served on
the licence holder either personally or by post.
52. Coming into effect of cancellation
Cancellation of a licence under this Part by the
Chief Commissioner has effect from the time at
10
which notice of the cancellation is served on the
licence holder.
53. Surrender of firearms and licence document
(1) If a licence under this Part is suspended or
cancelled, the holder must--
15
(a) if served personally with notice of the
suspension or cancellation, immediately
surrender any firearm or ammunition in that
person's possession and the licence
document to the person serving the notice;
20
and
(b) if served by post with notice of the
suspension or cancellation, within 7 days of
service of the notice, surrender any firearm
or ammunition in that person's possession
25
and the licence document to a police station.
Penalty: 240 penalty units or 4 years
imprisonment.
(2) If a member of the police force has reasonable
grounds for believing that a person has not
30
complied with sub-section (1), the member--
(a) must seize any firearm or ammunition which
the member is aware is in the possession of
the person; and
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(b) may, at any reasonable time, without
warrant, enter and search any premises
where the person resides or has resided for
the purpose of seizing any such firearm or
ammunition.
5
(3) Despite the surrender or seizure of a firearm or
ammunition under this section the person who has
surrendered the firearm or ammunition or from
whom the firearm or ammunition has been seized
continues to be the owner of the firearm or
10
ammunition.
(4) If the licence of a person who has surrendered a
firearm or ammunition or from whom a firearm or
ammunition has been seized, is cancelled, that
person must dispose of the firearm or ammunition
15
to a licensed firearms dealer within 28 days of the
cancellation of the licence.
Penalty: 60 penalty units or 12 months
imprisonment.
Division 10--Exemptions and Permits
20
54. Persons who are exempt from the Part
Any non-prohibited person who is of a category of
persons specified in an item in Column 1 of
Schedule 3 who possesses, carries or uses a
registered firearm in the circumstances set out in
25
that item in Column 2 of Schedule 3 does not
commit an offence against section 6 or 7 for so
doing and is not required to hold a licence under
this Part.
55. Employees of licensed firearms dealers
30
A person who is employed by a licensed firearms
dealer in the carrying on of the business does not
commit an offence against section 6 or 7 for
44
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anything done during the course of and for the
purposes of that employment.
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56. Permits to display firearms or ammunition collections
(1) If the holder of a firearms collectors licence or a
firearms ammunition collectors licence displays
all or any of the firearms or ammunition in his or
her collection, whether or not at the premises
5
specified in the licence or at any other premises,
the holder of the licence does not commit an
offence against section 6, 7 or 8 or Part 6 if he or
she has first obtained a permit from the Chief
Commissioner to do so.
10
(2) The Chief Commissioner may grant a permit
under sub-section (1), if the Chief Commissioner
is satisfied that the arrangements made for the
secure storage of the firearms or ammunition
while on display are adequate.
15
(3) A permit authorises--
(a) display of the firearms or ammunition at the
premises specified in the permit and for the
period specified in the permit; and
(b) carriage of the firearms or ammunition for
20
the purposes of the display.
(4) A permit to display firearms or ammunition at the
premises specified in the licence is subject to the
conditions fixed in the permit.
(5) A permit to display firearms or ammunition at
25
premises other than the premises specified in the
licence is subject to any conditions imposed on
that permit or on permits in the nature of that
permit by the Chief Commissioner.
(6) An application for a permit must be made in the
30
manner and form approved by the Chief
Commissioner.
(7) The applicant must pay the fee prescribed for such
a permit.
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(8) The holder of the permit must comply with the
permit.
Penalty: 60 penalty units or 12 months
imprisonment.
57. Permits to possess, carry or use silencers or
5
prescribed items
(1) A non-prohibited person must not possess, carry
or use a--
(a) silencer; or
(b) prescribed item--
10
unless that person does so under and in
accordance with a permit issued under this
section.
Penalty: 120 penalty units or 2 years
imprisonment.
15
(2) The Chief Commissioner may grant a permit to a
person who is of or over the age of 18 years to
possess, carry or use--
(a) a silencer; or
(b) a prescribed item.
20
(3) The Chief Commissioner may impose any
conditions on the permit that the Chief
Commissioner thinks fit.
(4) An application for a permit must be in the form
approved by the Chief Commissioner.
25
(5) The applicant must pay the prescribed fee for such
a permit.
(6) The holder of the permit must comply with the
permit.
Penalty: 120 penalty units or 2 years
30
imprisonment.
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58. Permits to carry or use firearms held under a
collectors licence
(1) The Chief Commissioner may grant a permit to
the holder of a collectors licence to carry or use
any category A, B or C longarm or handgun held
5
under the licence at a commemorative or historical
event approved by the Chief Commissioner and
sponsored by an approved organisation of
firearms collectors held at an approved range.
(2) The Chief Commissioner may impose any
10
conditions on the permit that the Chief
Commissioner thinks fit.
(3) The holder of a permit under this section does not
commit an offence under section 6 or 7 when
acting under and in accordance with the permit.
15
(4) An application for a permit must be in the form
approved by the Chief Commissioner.
(5) The applicant must pay the prescribed fee for such
a permit.
(6) The holder of the permit must comply with the
20
permit.
Penalty: 120 penalty units or 2 years
imprisonment.
_______________
25
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PART 3--CARRYING ON THE BUSINESS OF DEALING IN
FIREARMS AND RELATED ITEMS
Division 1--Licensing of Firearms Dealers
59. Offence to carry on business of dealing in firearms
(1) A person must not carry on the business of being a
5
firearms dealer in category A or B longarms
unless that person does so under and in
accordance with a licence issued under this Part.
Penalty: 120 penalty units or 2 years
imprisonment.
10
(2) A person must not carry on the business of being a
firearms dealer--
(a) in category C, D or E longarms or handguns;
or
(b) in any other firearms to which sub-section
15
(1) does not apply--
unless that person is the holder of a licence issued
under this Part.
Penalty: 240 penalty units or 4 years
imprisonment.
20
(3) In this Act, "carrying on the business of being a
firearms dealer" includes, but is not limited to--
(a) acquiring, disposing of, hiring, lending or
transferring ownership in any firearms,
firearms parts or ammunition; or
25
(b) exposing or offering for sale any firearms,
firearms parts or ammunition; or
(c) possessing for the purpose of disposing of,
acting as an agent in the transfer of
ownership in or repairing any firearms,
30
firearms parts or ammunition; or
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(d) manufacturing or repairing any firearms or
possessing any firearms parts for the purpose
of manufacturing or repairing firearms.
60. Issue of dealers licences
(1) The Chief Commissioner may licence a person to
5
carry on the business of being a firearms dealer at
the premises specified in the licence.
(2) A licence issued by the Chief Commissioner
under sub-section (1) may--
(a) be issued in relation to all categories of
10
firearms or in relation to those categories of
firearms specified in the licence; and
(b) may authorise the carrying out of all aspects
relating to the business of being a firearms
dealer or may be limited to particular aspects
15
of that business.
61. General discretion of Chief Commissioner to refuse a
dealers licence
The Chief Commissioner must not issue a dealers
licence to an applicant--
20
(a) if the applicant, any responsible person in
relation to the application or any person the
applicant is proposing to employ in the
business is a prohibited person; or
(b) if the applicant or any responsible person in
25
relation to the application is under the age of
21 years;
(c) unless the Chief Commissioner is satisfied
that--
(i) the applicant and all responsible
30
persons in relation to the application
and the persons the applicant is
proposing to employ in the business--
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(A) are fit and proper persons; and
(B) can carry on the business without
being a danger to public safety or
peace; and
(ii) the premises specified in the
5
application are suitable to carry on the
business of being a firearms dealer; and
(iii) the issue of the licence is in the public
interest; or
(d) for any prescribed reason.
10
62. Review of decision not to issue licence
A non-prohibited person who has applied for a
licence under this Part may apply to the
Committee for a review of a decision of the Chief
Commissioner--
15
(a) not to issue a licence; or
(b) to impose conditions on the licence.
Division 2--General Provisions Applying to Dealers
Licences
63. Application for a dealers licence
20
(1) A person who is applying for a dealers licence
must make the application to the Chief
Commissioner.
(2) An application must be in a form and manner
approved by the Chief Commissioner and verified
25
by a statutory declaration.
(3) The applicant must pay the fee prescribed for
applications for licences in the nature of the
licence applied for.
30
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64. Information required for an application by a natural
person for a dealers licence
An application by a natural person for a dealers
licence must be accompanied by--
(a) proof of the identity of the applicant and any
5
person the applicant proposes to employ in
the business, being, if the Chief
Commissioner so requires, proof in the same
manner and to the same extent as is required
for an identification reference under the
10
Financial Transactions Reports Act 1988 of
the Commonwealth; and
(b) a full set of the applicant's fingerprints and
the fingerprints of any person the applicant
proposes to employ in the business.
15
65. Information required for an application by a body
corporate for a dealers licence
An application by a body corporate for a dealers
licence must--
(a) specify the officers of the body corporate;
20
and
(b) in respect of the premises for which the
licence is to be issued, nominate the person
who will be responsible for the day to day
management of the business on that
25
premises; and
(c) be accompanied by, in respect of each
responsible person and any person the
applicant proposes to employ in the
business--
30
(i) proof of the identity of each person,
being, if the Chief Commissioner so
requires, proof in the same manner and
to the same extent as is required for an
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identification reference under the
Financial Transactions Reports Act
1988 of the Commonwealth; and
(ii) a full set of the person's fingerprints.
66. 28 day waiting period
5
The Chief Commissioner must not issue a dealers
licence until 28 days have expired after the
making of the application.
67. Particulars of dealers licences
(1) A dealers licence must contain the following
10
particulars--
(a) the name and address of the holder of the
licence; and
(b) the nature of the licence; and
(c) the address of the premises to which the
15
licence applies; and
(d) a summary of the storage requirements
imposed by or under the Act; and
(e) any other prescribed particulars.
(2) A dealers licence must contain a recent
20
photograph of--
(a) in the case of a licence issued to a natural
person, that person; or
(b) in any other case, the nominated person--
which complies with the Chief Commissioner's
25
requirements
68. Offence not to comply with licence conditions
The holder of a dealers licence must comply with
any conditions to which the licence is subject.
Penalty: 60 penalty units.
30
69. Variation of dealers licence conditions
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(1) The Chief Commissioner may, at any time vary
any condition imposed on a dealers licence by the
Chief Commissioner.
(2) The variation of a condition under this section has
effect upon the giving of notice of that variation to
5
the holder of the licence.
70. Review of a decision to vary licence conditions
A non-prohibited person who is the holder of a
dealers licence may apply to the Committee for a
review of a decision of the Chief Commissioner to
10
alter or vary any of the conditions on the licence.
71. Duration of licences
A dealers licence continues in force for the period,
not exceeding 5 years from the issue or renewal of
the licence, that is specified in the licence.
15
72. Renewal of dealers licences
(1) Before the expiration of a dealers licence, the
holder may apply to the Chief Commissioner for
renewal of the licence.
(2) A person who is making an application for the
20
renewal of a licence under this Part must make
that application to the Chief Commissioner.
(3) An application must--
(a) be in a form and manner approved by the
Chief Commissioner; and
25
(b) be verified by statutory declaration.
(4) In the case of an application by a body corporate,
if any of the responsible persons in relation to the
licence have changed during the course of the
licence, the application must be accompanied
30
by--
(a) proof of the identity of the new persons,
being, if the Chief Commissioner so
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requires, proof in the same manner and to the
same extent as is required for an
identification reference in the Financial
Transactions Reports Act 1988 of the
Commonwealth; and
5
(b) a full set of each persons fingerprints.
(5) The applicant must pay the fee prescribed for
renewals of licences in the nature of the licence to
which the application relates.
(6) The Chief Commissioner may renew or refuse to
10
renew a licence and, if a licence is to be renewed,
the Chief Commissioner may alter or vary the
conditions on the licence or impose further
conditions on the licence.
73. General discretion of Chief Commissioner to refuse to
15
renew a dealers licence
The Chief Commissioner must not renew a dealers
licence--
(a) if the applicant or any responsible person in
relation to the application is a prohibited
20
person; or
(b) unless the Chief Commissioner is satisfied
that--
(i) the applicant, all the responsible
persons in relation to the application
25
and any persons employed in the
business are fit and proper persons; and
(ii) the premises specified in the
application are suitable to carry on the
business of being a firearms dealer; and
30
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(iii) the issue of the licence is in the public
interest; or
(c) for any prescribed reason.
74. Review of decision not to renew licence
A non-prohibited person who has applied for
5
renewal of a licence under this Part may apply to
the Committee for review of a decision of the
Chief Commissioner not to renew the licence.
75. Requirement to notify Chief Commissioner of persons
employed in business or change of nominated person
10
(1) The holder of a dealers licence must, immediately
on the employment of a person in the business
carried on under that licence, notify the Chief
Commissioner of that employment.
Penalty: 60 penalty units or 12 months
15
imprisonment.
(2) If the person nominated in an application under
section 65 becomes a prohibited person during the
course of a licence, the holder of the licence must
nominate another person to be responsible for the
20
day to day management of the business on the
premises and must immediately notify the Chief
Commissioner of that nomination.
Penalty: 60 penalty units or 12 months
imprisonment.
25
(3) At any time during the course of the licence, the
holder of the licence may nominate a person to
replace the person nominated in the application
under section 65 and must immediately notify the
Chief Commissioner of that nomination.
30
Penalty: 20 penalty units.
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(4) A notice under this section must--
(a) be in writing; and
(b) be accompanied by--
(i) proof of the identity of the person,
being, if the Chief Commissioner so
5
requires, proof in the same manner and
to the same extent as is required for an
identification reference under the
Financial Transactions Reports Act
1988 of the Commonwealth; and
10
(ii) a full set of the person's fingerprints.
Penalty: 20 penalty units.
Division 3--Suspension, Cancellation and Transfer of
Dealers Licences
76. Immediate cancellation of a dealers licence
15
(1) Immediately on becoming aware that--
(a) the holder of a dealers licence; or
(b) in the case of a licence which is held by a
body corporate, any officer of the body
corporate--
20
is a prohibited person the Chief Commissioner
must cancel the licence.
(2) The Chief Commissioner must notify the holder of
the licence of the cancellation of the licence,
either personally or by post.
25
77. Suspension of a dealers licence and notice of proposal
to cancel
(1) If the Chief Commissioner is satisfied that there
may be grounds for cancelling a dealers licence
under section 79 the Chief Commissioner may
30
suspend the licence.
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(2) The Chief Commissioner must serve notice of the
suspension of the licence on the holder of the
licence either personally or by post.
(3) A notice under sub-section (2) must--
(a) state that the licence is suspended; and
5
(b) state that the Chief Commissioner is satisfied
that there are grounds for the cancellation of
the licence; and
(c) set out those grounds; and
(d) set out the time within which written
10
submissions on the proposed cancellation of
the licence may be made to the Chief
Commissioner.
(4) A suspension under this section remains in force
until--
15
(a) if the Chief Commissioner decides to cancel
the licence, the coming into effect of that
cancellation; or
(b) if the Chief Commissioner decides not to
cancel the licence, the making of that
20
decision.
(5) The holder of a licence, whose licence is
suspended is deemed not to be the holder of a
licence for the period of the suspension.
78. Making of submissions
25
(1) The holder of a licence who has been notified
under section 77 may make written submissions
on the proposal to cancel the licence.
(2) Submissions made under sub-section (1) must be
made within 28 days of the holder being notified.
30
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79. Power of Chief Commissioner to cancel a dealers
licence
The Chief Commissioner may cancel a dealers
licence suspended under section 77 if, after
considering any submissions made within the time
5
fixed for making submissions, the Chief
Commissioner is satisfied--
(a) that the holder has knowingly supplied false
or misleading information in a material
particular in, or in connection with the
10
application for the licence or the renewal of
the licence; or
(b) that the holder has contravened or failed to
comply with the conditions of the licence; or
(c) that the holder has contravened or failed to
15
comply with any requirement for the storage
of firearms possessed, carried or used under
the licence; or
(d) that the holder of the licence no longer
carries on business at the premises specified
20
in the licence; or
(e) that--
(i) the holder of the licence or any
responsible person in relation to the
licence; or
25
(ii) any person employed in the business--
is no longer a fit and proper person; or
(f) that--
(i) the holder of the licence or any
responsible person in relation to the
30
licence; or
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Act No.
(ii) any person employed in the business--
cannot carry on, or be employed in the
business without being a danger to public
safety or peace; or
(g) that--
5
(i) the holder of the licence or any
responsible person in relation to the
licence; or
(ii) any person employed in the business--
has contravened a provision of this Act or
10
the regulations; or
(h) that the premises in respect of which the
licence has been issued have become
unsuitable to carry on the business of being a
firearms dealer; or
15
(i) that the holder is no longer entitled to hold
the licence for any other prescribed reason.
80. Notice of Chief Commissioner's decision
(1) The Chief Commissioner must notify the holder of
the licence as to whether or not he or she has
20
decided to cancel the licence under section 79 and
must set out the reasons for that decision in the
notice.
(2) A notice under sub-section (1) may be served on
the licence holder either personally or by post.
25
81. Coming into effect of cancellation
Cancellation of a licence by the Chief
Commissioner has effect from the time at which
notice of the cancellation is served on the licence
holder.
30
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82. Right of appeal against cancellation of licence
The holder of a licence under this Part whose
licence has been cancelled by the Chief
Commissioner under section 79 may, if he or she
is a non-prohibited person, apply to the
5
Committee for a review of that decision.
83. Surrender of firearms and licence document
If a dealers licence is suspended or cancelled, the
holder must--
(a) if served personally with notice of the
10
suspension or cancellation, immediately
surrender any firearms or ammunition held
under the licence and the licence document
to the person serving the notice; and
(b) if served by post with notice of the
15
suspension or cancellation, within 7 days of
service of the notice, surrender any firearms
or ammunition held under the licence and the
licence document to a police station.
Penalty: 240 penalty units or 4 years
20
imprisonment.
84. Application to carry on business
(1) A dealers licence may be transferred in any of the
following circumstances--
(a) if the dealer has died; or
25
(b) if the dealer has become bankrupt or has
assigned his business for the benefit of his
creditors; or
(c) if the dealer has become a patient within the
meaning of the Mental Health Act 1986.
30
(2) In the circumstances in which sub-section (1)(a)
applies, the executors or administrators of the
dealer's estate, or, if probate or letters of
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Act No.
administration have not been granted, the widow
or widower (as the case may be) or any member
of the dealer's family may apply to the Chief
Commissioner for a transfer of the licence.
(3) In the circumstances in which sub-section (1)(b)
5
applies, the trustee in bankruptcy, receiver or
assignee (as the case requires) may apply for a
transfer of the licence.
(4) In the circumstances in which sub-section (1)(c)
applies, the spouse or any member of the dealer's
10
family or any person nominated for the purpose
by State Trustees within the meaning of the State
Trustees (State Owned Company) Act 1994
may apply for a transfer of the licence.
85. Chief Commissioner may transfer authority to
15
conduct business
(1) The Chief Commissioner may, if the Chief
Commissioner thinks fit, transfer a dealers licence
to any person who has applied for such a transfer
under section 84 or to any person specified in an
20
application for such a transfer under section 84.
(2) A licence transferred under sub-section (1)
continues in force until the date of expiration of
the original licence and is on the same terms and
subject to the same conditions as applied to the
25
original licence.
(3) The person to whom the licence has been
transferred is deemed to be the holder of the
licence.
86. Prohibition on any other transfer of licence
30
Except as otherwise provided for in this Division,
the Chief Commissioner must not transfer a
dealers licence.
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Division 4--Records to be Kept by Licensed Firearms
Dealers
87. Requirement to keep register of transactions
(1) A licensed firearms dealer must ensure that a
record of each transaction whereby--
5
(a) a firearm is acquired by the dealer or
otherwise comes into the possession of the
dealer; or
(b) a firearm is disposed of by the dealer or
otherwise goes out of the possession of the
10
dealer; or
(c) the dealer acts as an agent for the acquisition
or disposal of a firearm--
is recorded in a register of transactions.
Penalty: 120 penalty units or 2 years
15
imprisonment.
(2) A licensed firearms dealer must ensure that the
register of transactions contains in relation to each
transaction--
(a) in the case of a firearm coming into the
20
possession of the dealer--
(i) the prescribed particulars about the
person who has given possession of the
firearm, and the licence number or
other evidence of the person's authority
25
to possess the firearm; and
(ii) the make, type, calibre, action and
serial number of the firearm; and
(b) in the case of a firearm going out of the
possession of the dealer--
30
(i) where the case so requires, the permit
to acquire; and
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Act No.
(ii) the prescribed particulars about the
person who is acquiring possession of
the firearm, and the licence number or
other evidence of the person's authority
to possess the firearm; and
5
(iii) the make, type, calibre, action and
serial number of the firearm; and
(c) in the case of a firearm in respect of which
the dealer is acting as an agent for the person
acquiring the firearm--
10
(i) where the case so requires, the permit
to acquire; and
(ii) the prescribed particulars about the
person who is acquiring the firearm,
and the licence number or other
15
evidence of the person's authority to
possess the firearm; and
(iii) the make, type, calibre, action and
serial number of the firearm; and
(d) in the case of a firearm in respect of which
20
the dealer is acting as an agent for the person
disposing of the firearm--
(i) the prescribed particulars about the
person who is disposing of the firearm,
and the licence number or other
25
evidence of the person's authority to
possess the firearm; and
(ii) the make, type, calibre, action and
serial number of the firearm; and
(e) any other prescribed particulars.
30
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A licensed firearms dealer must ensure that the
register of transactions--
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90 Act No.
(a) is kept at the premises specified in the
licence; and
(b) is kept in a place of safekeeping and
separately from any place of safekeeping
where firearms are kept; and
5
(c) is available for inspection by a member of
the police force at any reasonable time.
Penalty: 60 penalty units or 12 months
imprisonment.
(4) A licensed firearms dealer must ensure that the
10
record of a transaction or dealing is made
immediately on the transaction taking place.
Penalty: 30 penalty units.
(5) A licensed firearms dealer must ensure that any
entry in a register of transactions kept by him is
15
kept for a period of 5 years after the entry is made
in the register.
Penalty: 30 penalty units.
88. Firearms to be labelled with transaction details
A licensed firearms dealer must ensure that a label
20
is fixed to each firearm in the dealers possession
which shows a number which is capable of being
used to identify the record of any transaction or
dealing in the firearm in the register of
transactions.
25
Penalty: 10 penalty units.
89. Power to inspect register and stock
A member of the police force may inspect the
register of transactions and the stock kept by a
licensed firearms dealer at any reasonable time.
30
90. Power to require production of licence
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(1) A member of the police force who is at the
premises where a licensed firearms dealer carries
on the business to which the licence relates may
demand that the dealer produce the licence for
inspection.
5
(2) A person must comply with a demand under sub-
section (1) unless that person has a reasonable
excuse.
Penalty: 10 penalty units.
Division 5--Display by Dealers
10
91. Display of firearms by dealers
(1) If a licensed firearms dealer acquires, disposes of
or displays all or any of the firearms kept under
the licence at a premises other than the licensed
premises, the holder of the licence does not
15
commit an offence against Division 1 of this Part
or Part 6 if he or she has first obtained a permit
from the Chief Commissioner to do so.
(2) The Chief Commissioner may issue a permit if he
or she is satisfied that the arrangements made for
20
the secure storage of the firearms while on display
are adequate.
(3) A permit authorises--
(a) the person specified in the permit to acquire,
dispose of or display the firearms at the
25
premises specified in the permit and for the
period specified in the permit; and
(b) carriage of the firearms for the purposes of
the display.
(4) The Chief Commissioner may impose any
30
conditions on the permit that he or she thinks fit.
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(5) An application for a permit must be made in the
manner and form approved by the Chief
Commissioner.
(6) The applicant must pay the fee prescribed for such
a permit.
5
(7) The holder of the permit must comply with the
permit.
Penalty: 60 penalty units or 12 months
imprisonment.
92. Display Offences
10
A licensed firearms dealer must ensure that any
firearms displayed on the licensed premises--
(a) are under the immediate supervision and
control of the dealer or an employee of the
dealer; and
15
(b) are secured in a manner which would
prevent removal by any person other than the
dealer or an employee of the dealer.
Penalty: 120 penalty units or 2 years
imprisonment.
20
_______________
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s. 93
Act No.
PART 4--ACQUISITION AND DISPOSAL OF FIREARMS
AND RELATED ITEMS
Division 1--Offences relating to the Acquisition and
Disposal of Firearms
93. Persons from whom a dealer can acquire firearms
5
(1) A licensed firearms dealer must not acquire a
category A or B longarm unless the firearm is
being acquired from a person listed in sub-section
(4).
Penalty: 60 penalty units or 12 months
10
imprisonment.
(2) A licensed firearms dealer must not acquire a
category C or D longarm or a handgun unless the
firearm is being acquired from a person listed in
sub-section (4).
15
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A licensed firearms dealer must not acquire a--
(a) category E longarm; or
(b) any other firearm to which sub-sections (1)
20
and (2) do not apply--
unless the firearm is being acquired from a person
listed in sub-section (4).
Penalty: 240 penalty units or 4 years
imprisonment.
25
(4) A firearm may be acquired under this section from
any of the following--
(a) another person who is a licensed firearms
dealer;
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(b) a person who is authorised by a licence
under this Act to possess, carry or use that
firearm;
(c) a person who is exempted by this Act from
the requirement to have a licence in order to
5
possess, carry or use that category of
firearm;
(d) a deceased estate;
(e) another person in circumstances authorised
by this Act or by any Commonwealth Act
10
relating to the importation of firearms.
94. Persons to whom a dealer can dispose of firearms
(1) A licensed firearms dealer must not dispose of a
category A or B longarm unless the dealer
reasonably believes that the firearm is being
15
disposed of to a person listed in sub-section (4).
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A licensed firearms dealer must not dispose of a
category C or D longarm or a handgun unless the
20
dealer reasonably believes that the firearm is
being disposed of to a person listed in sub-section
(4).
Penalty: 120 penalty units or 2 years
imprisonment.
25
(3) A licensed firearms dealer must not dispose of--
(a) a category E longarm; or
(b) any other firearm to which sub-sections (1)
and (2) do not apply--
unless the dealer reasonably believes that the
30
firearm is being disposed of to a person listed in
sub-section (4).
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Penalty: 240 penalty units or 4 years
imprisonment.
(4) A firearm may be disposed of under this section to
any one of the following--
(a) another person who is a licensed firearms
5
dealer;
(b) a person who is authorised by a licence
under this Act to possess carry or use that
firearm and who holds a permit under this
Act to acquire that firearm;
10
(c) a person who is exempted by this Act from
the requirement to have a licence in order to
possess, carry or use that category of
firearm;
(d) a member of the police force, who is acting
15
in the course of his or her duty.
95. Prohibition on acquisition of firearm except from
licensed firearms dealer
(1) A person who is not a licensed firearms dealer
must not acquire a category A or B longarm from
20
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.
Penalty: 60 penalty units or 12 months
25
imprisonment.
(2) A person who is not a licensed firearms dealer
must not acquire a category C or D longarm or a
handgun from a person who is not a licensed
firearms dealer, unless the person who is
30
acquiring the firearm engages a licensed firearms
dealer as his or her agent in the transaction.
Penalty: 120 penalty units or 2 years
imprisonment.
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(3) A person who is not a licensed firearms dealer
must not acquire a category E longarm 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
5
agent in the transaction.
Penalty: 240 penalty units or 4 years
imprisonment.
96. Prohibition on disposal of firearm except to licensed
firearms dealer
10
(1) A person who is not a licensed firearms dealer
must not dispose of a category A or B longarm to
a person who is not a licensed firearms dealer,
unless the person who is disposing of the firearm
engages a licensed firearms dealer as his or her
15
agent in the transaction.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A person who is not a licensed firearms dealer
must not dispose of a category C or D longarm or
20
a handgun to a person who is not a licensed
firearms dealer, unless the person who is
disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
25
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A person who is not a licensed firearms dealer
must not dispose of a category E longarm to a
person who is not a licensed firearms dealer,
30
unless the person who is disposing of the firearm
engages a licensed firearms dealer as his or her
agent in the transaction.
Penalty: 240 penalty units or 4 years
imprisonment.
35
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97. Fees to be charged by dealers
A licensed firearms dealer must not charge more
that the prescribed amount for acting as an agent
under sections 95 and 96.
Penalty: 10 penalty units.
5
98. Requirement for taking or giving of possession of
firearm to be in person
(1) A person who is not a licensed firearms dealer
must not take possession of a firearm by any
means other than by personally receiving
10
possession of the firearm.
Penalty: 120 penalty units or 2 years
imprisonment.
(2) A person who is not a licensed firearms dealer
must not give possession of a firearm by any
15
means other than by personally giving possession
of the firearm.
Penalty: 120 penalty units or 2 years
imprisonment.
99. Control of acquisition from a place outside the State
20
(1) If a licensed firearms dealer is acquiring a
category A or B longarm from a place outside
Victoria but within Australia (whether or not on
his or her own behalf or as an agent for another
person), the dealer must not take possession of
25
that firearm from any person other than a person
who holds a licence in that place which
corresponds with a dealers licence.
Penalty: 60 penalty units or 12 months
imprisonment.
30
(2) If a licensed firearms dealer is acquiring a
category C or D longarm or a handgun from a
place outside Victoria but within Australia
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(whether or not on his or her own behalf or as an
agent for another person), the dealer must not take
possession of that firearm from any person other
than a person who holds a licence in that place
which corresponds with a dealers licence.
5
Penalty: 120 penalty units or 2 years
imprisonment.
(3) If a licensed firearms dealer is acquiring a
category E longarm from a place outside Victoria
but within Australia (whether or not on his or her
10
own behalf or as an agent for another person), the
dealer must not take possession of that firearm
from any person other than a person who holds a
licence in that place which corresponds with a
dealers licence.
15
Penalty: 240 penalty units or 4 years
imprisonment.
100. Control of disposal to place outside the State
(1) If a licensed firearms dealer is disposing of a
category A or B longarm to a place outside
20
Victoria but within Australia (whether or not on
his or her own behalf or as an agent for another
person), the dealer must not give possession of
that firearm to any person other than a person who
holds a licence in that place which corresponds
25
with a dealers licence.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) If a licensed firearms dealer is disposing of a
category C or D longarm or a handgun to a place
30
outside Victoria but within Australia (whether or
not on his or her own behalf or as an agent for
another person), the dealer must not give
possession of that firearm to any person other than
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s. 101
Act No.
a person who holds a licence in that place which
corresponds with a dealers licence.
Penalty: 120 penalty units or 2 years
imprisonment.
(3) If a licensed firearms dealer is disposing of a
5
category E longarm to a place outside Victoria but
within Australia (whether or not on his or her own
behalf or as an agent for another person), the
dealer must not give possession of that firearm to
any person other than a person who holds a
10
licence in that place which corresponds with a
dealers licence.
Penalty: 240 penalty units or 4 years
imprisonment.
101. Prohibitions on advertising
15
(1) A person must not publish or cause to be
published an advertisement which advertises that
a firearm is offered for sale by a person who is not
a licensed firearms dealer.
Penalty: 40 penalty units.
20
(2) In any proceedings for an offence under sub-
section (1) it is a defence to prove that
immediately before making the publication, he or
she reasonably believed that the person by whom
the firearm was offered for sale was the holder of
25
a firearms dealers licence.
(3) A person must not publish or cause to be
published an advertisement that a firearm is for
sale if the advertisement does not contain the
serial number of the firearm and the licence
30
number of the person disposing of the firearm.
Penalty: 10 penalty units.
(4) In any proceedings for an offence under this
section it is a defence to prove that immediately
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before making the publication, he or she, after
making reasonable enquiries, did not know that
the advertisement indicated that a firearm was for
sale.
(5) Sub-sections (1) and (2) do not apply to the
5
publication of an advertisement in a magazine
published by an approved club or in a
commercially published firearms or shooting
sports magazine.
Division 2--Permit to Acquire a Firearm
10
102. Offence to acquire a firearm without a permit
(1) A person must not acquire a category A or B
longarm unless that person has a permit to acquire
that firearm.
Penalty: 60 penalty units or 12 months
15
imprisonment.
(2) A person must not acquire a category C or D
longarm or a handgun unless that person has a
permit to acquire that firearm.
Penalty: 120 penalty units or 2 years
20
imprisonment.
(3) A person must not acquire a category E longarm
unless that person has a permit to acquire that
firearm.
Penalty: 240 penalty units or 4 years
25
imprisonment.
(4) Sub-sections (1), (2) and (3) do not apply to a
person who is a licensed firearm dealer.
103. Issue of permit to acquire
The Chief Commissioner may issue a permit to a
30
person to acquire a firearm if that person is the
holder of a licence under Part 2 and that licence
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s. 104
Act No.
authorises the possession of that firearm (whether
or not generally or in specific terms).
104. General discretion of Chief Commissioner to refuse to
issue a permit to acquire
(1) The Chief Commissioner must not issue a permit
5
to acquire--
(a) if the applicant or any responsible person in
relation to the application is a prohibited
person; or
(b) unless the Chief Commissioner is satisfied
10
that--
(i) the applicant and all responsible
persons in relation to the application
are fit and proper persons; and
(ii) the applicant can comply with the
15
storage requirements set out by or
under the Act; and
(iii) the acquisition of the firearm is in the
public interest; or
(c) for any prescribed reason; or
20
(d) unless--
(i) the applicant can demonstrate that the
reason for which the licence was
required continues to apply in respect
of the category of firearm for which the
25
application for the permit is made; and
(ii) in the case of an application for a
permit to acquire a category B longarm
or a handgun, the applicant has
demonstrated a genuine need to
30
possess, carry or use a category B
longarm or a handgun; and
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(iii) in the case of an application for a
permit to acquire a category C or D
firearm--
(A) if the application is for a semi-
automatic rifle, the applicant does
5
not possess another semi-
automatic rifle; and
(B) if the application is for a semi-
automatic shotgun or a pump
action shotgun, the applicant does
10
not possess another semi-
automatic shotgun or pump action
shotgun.
(2) In determining whether or not an applicant has a
genuine need to possess, carry or use a category B
15
longarm or a handgun, the Chief Commissioner
must have regard to--
(a) in the case of a category B longarm, whether
or not the need expressed by the applicant
cannot be satisfied by the possession,
20
carriage or use of a category A longarm; and
(b) in any case, the number, category and type of
firearms already possessed by the applicant;
and
(c) any other prescribed matter.
25
105. Application for a permit to acquire
(1) A person who is applying for a permit to acquire
must make the application to the Chief
Commissioner.
(2) An application must be in a form and manner
30
approved by the Chief Commissioner and verified
by statutory declaration.
(3) The applicant must pay the prescribed fee for the
permit.
35
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Act No.
106. 28 day waiting period
The Chief Commissioner must not issue a permit
to acquire until 28 days have expired after the
making of the application.
107. Form of permit
5
A permit to acquire must be in the form approved
by the Chief Commissioner.
108. Conditions applying to a permit
A permit to acquire is subject to any condition
which is imposed on that permit or generally on
10
permits to acquire by the Chief Commissioner and
which is specified in the permit.
109. Offence not to comply with permit conditions
A person who is the holder of a permit to acquire
must comply with any condition to which the
15
permit is subject.
Penalty: 30 penalty units.
110. Duration of permit
A permit to acquire continues in force from the
time it is issued--
20
(a) for a period of 28 days; or
(b) until the firearm to which it relates is
acquired; or
(c) if the permit is cancelled, until it is
cancelled--
25
whichever occurs first.
111. Cancellation of permit
(1) A permit to acquire may be cancelled at any time
by the Chief Commissioner.
(2) The Chief Commissioner must serve notice of the
30
cancellation of the permit on the holder of the
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permit, either personally or by post and must give
reasons for the cancellation in the notice.
(3) Cancellation of a permit under this section has
effect from the time at which notice under sub-
section (2) is served.
5
112. Surrender of firearms acquired under cancelled
permit
(1) If a permit to acquire is surrendered or cancelled,
the person to whom it was issued must
immediately surrender to a member of the police
10
force--
(a) the permit; and
(b) any firearm acquired under the permit.
Penalty: 60 penalty units or 12 months
imprisonment.
15
(2) Despite the surrender or seizure of a firearm under
this section, the person who has surrendered the
firearm or from whom the firearm has been seized
continues to be the owner of the firearm.
(3) If the permit of a person who has surrendered a
20
firearm or from whom a firearm has been seized,
is cancelled, that person must dispose of the
firearm to a licensed firearms dealer within 28
days of the cancellation of the licence.
Penalty: 60 penalty units or 12 months
25
imprisonment.
_______________
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s. 113
Act No.
PART 5--REGISTRATION OF FIREARMS
113. Keeping of register
(1) The Chief Commissioner must keep a register of
each firearm kept within the State.
(2) The register is to be called the firearms register.
5
(3) The following particulars must be included in the
firearms register against the firearm to which they
apply--
(a) the make, type, calibre, action and serial
number of the firearm; and
10
(b) the name of the person who possesses the
firearm; and
(c) particulars of the licence under which the
firearm is possessed ; and
(d) any other prescribed information.
15
(4) The Chief Commissioner may enter any other
information relating to the firearm on the register.
114. Exemption from Freedom of Information Act
(1) The firearms register is an exempt document for
the purposes of the Freedom of Information Act
20
1982.
(2) Sub-section (1) does not apply where a person is
applying for information on the firearms register
which specifically relates to that person.
115. Notice of bringing into the State
25
(1) A person who brings a firearm into the State for
the purpose of keeping it in the State must give
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notice of the bringing in of that firearm to the
Chief Commissioner.
Penalty: 240 penalty units or 4 years
imprisonment.
(2) A notice under sub-section (1) must be--
5
(a) in the form approved by the Chief
Commissioner; and
(b) given within 7 days after the firearm has
been brought into the State.
Penalty: 30 penalty units.
10
116. Notice of removal from the State
(1) A person who removes a firearm from the State
for the purpose of no longer keeping it in the State
must give notice of the removal of that firearm to
the Chief Commissioner.
15
Penalty: 240 penalty units or 4 years
imprisonment.
(2) A notice under sub-section (1) must be--
(a) in the form approved by the Chief
Commissioner; and
20
(b) given not less than 7 days before the firearm
is removed from the State.
Penalty: 40 penalty units.
117. Certificate of registration
Immediately on registering a firearm, the Chief
25
Commissioner must issue a certificate of
registration for that firearm to the person who
possesses the firearm which--
(a) sets out the details of the registration of the
firearm; and
30
(b) the name of the person who possesses the
firearm; and
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Act No.
(c) any other prescribed information.
118. Notice of transactions
A licensed firearms dealer must ensure that
written notice of each transaction or dealing in
firearms under the licence is sent to the Chief
5
Commissioner within 7 days of the transaction or
dealing taking place.
Penalty: 60 penalty units or 12 months
imprisonment.
119. Power of Chief Commissioner to require information
10
(1) The Chief Commissioner may, by notice in
writing addressed to the holder of a licence under
this Act, require the holder to give the Chief
Commissioner any information relating to the
acquisition, disposal or possession of firearms and
15
firearms parts under the licence that is specified in
the notice.
(2) A person to whom a notice under sub-section (1)
is addressed must comply with the notice within 7
days of the giving of the notice.
20
Penalty: 60 penalty units or 12 months
imprisonment.
120. Offence not to produce firearm for inspection
A person in whose name a firearm is registered
must produce the firearm for inspection at any
25
reasonable time when so requested by a member
of the police force.
Penalty: 60 penalty units or 12 months
imprisonment.
30 _______________
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s. 121 Act No.
PART 6--STORAGE
121. Storage of firearms under longarm and handgun
licences
(1) A person who possesses a firearm under a
longarm licence for a category A or B longarm
5
must store that firearm, when the firearm is not
being carried or used--
(a) in the manner provided for in item 1 of
Schedule 4; or
(b) in any other manner which the Chief
10
Commissioner is satisfied is as secure as the
manner provided for in that item.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A person who possesses a firearm under a
15
handgun licence or a longarm licence for a
category C or D longarm must store that firearm,
when the firearm is not being carried or used--
(a) in the manner provided for in item 2 of
Schedule 4; or
20
(b) in any other manner which the Chief
Commissioner is satisfied is as secure as the
manner provided for in that item.
Penalty: 120 penalty units or 2 years
imprisonment.
25
(3) A person who possesses a firearm under a
longarm licence for a category E longarm must
store that firearm, when the firearm is not being
carried or used, in the manner provided for by the
Chief Commissioner in the licence.
30
Penalty: 240 penalty units or 4 years
imprisonment.
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Act No.
122. Storage of firearms under firearms collectors and
firearms heirlooms licences and ammunition under
firearms ammunition collectors licence
(1) A person who possesses a firearm (other than a
Category E firearm) under a firearms collectors
5
licence must store that firearm, when the firearm
is not being carried--
(a) in the manner provided for in item 3 of
Schedule 4; or
(b) in any other manner which the Chief
10
Commissioner is satisfied is as secure as the
manner provided for in that item.
Penalty: 120 penalty units or 2 years
imprisonment.
(2) A person who possesses a category E firearm
15
under a firearms collectors licence must store that
firearm in the manner fixed in the licence.
Penalty: 240 penalty units or 4 years
imprisonment.
(3) A person who possesses a firearm under a
20
firearms heirlooms licence must store that firearm,
when the firearm is not being carried--
(a) in the manner provided for in item 4 of
Schedule 4; or
(b) in any other manner which the Chief
25
Commissioner is satisfied is as secure as the
manner provided for in that item.
Penalty: 10 penalty units.
(4) A person who possesses ammunition under a
firearms ammunition collectors licence must store
30
that ammunition, when the ammunition is not
being carried--
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(a) in the manner provided for in item 5 of
Schedule 4; or
(b) in any other manner which the Chief
Commissioner is satisfied is as secure as the
manner provided for in that item.
5
Penalty: 10 penalty units.
123. Storage of firearms under dealers licences
(1) A person who possesses a category A or B
longarm under a dealers licence must store that
firearm in the manner fixed in the licence.
10
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A person who possesses a category C or D
longarm or a handgun under a dealers licence
must store that firearm in the manner fixed in the
15
licence.
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A person who possesses a category E longarm
under a dealers licence must store that firearm in
20
the manner fixed in the licence.
Penalty: 240 penalty units or 4 years
imprisonment.
_______________
25
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s. 124
Act No.
PART 7--FURTHER OFFENCES AND LEGAL
PROCEEDINGS
124. Possession of ammunition
(1) A person must not possess ammunition unless that
person--
5
(a) is the holder of a licence under this Act; or
(b) is the holder of a licence to keep explosives
for sale and to sell explosives issued under
the Dangerous Goods Act 1985; or
(c) is not required to have a licence under this
10
Act in order to possess a firearm.
Penalty: 40 penalty units.
(2) The holder of a licence under this Act (other than
a firearms ammunition collectors licence), must
not possess ammunition which is not suitable for
15
use in the firearms that that person is authorised to
possess, carry or use under the licence.
Penalty: 10 penalty units.
(3) A person who is not required to have a licence
under this Act in order to possess, carry or use a
20
firearm must not possess ammunition which is not
suitable for use in the firearms that that person
may possess, carry or use without having to obtain
a licence.
Penalty: 10 penalty units.
25
125. Disposal of ammunition to unauthorised persons
A person must not dispose of ammunition to
another person unless the person to whom the
ammunition is disposed of--
30
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s. 126 Act No.
(a) produces a licence under this Act to possess,
carry or use a firearm, and the ammunition is
suitable for use in a firearm that that person
is authorised to possess, carry or use under
that licence; or
5
(b) produces a licence to keep explosives for
sale and to sell explosives under the
Dangerous Goods Act 1985 and the
ammunition is ammunition that that person is
authorised to keep for sale and sell under that
10
licence; or
(c) produces evidence that he or she is not
required to have a licence under this Act in
order to possess, carry or use a firearm of the
type the ammunition is suitable for.
15
Penalty: 60 penalty units or 12 months
imprisonment.
126. Safekeeping of firearms and ammunition while being
carried or used
(1) A person who is carrying or using a category A or
20
B longarm must--
(a) ensure that the firearm is carried and used in
a manner that is secure and is not dangerous;
and
(b) must take reasonable precautions to ensure
25
that the firearm is not lost or stolen.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A person who is carrying or using a category C or
D longarm or a handgun must--
30
(a) ensure that the firearm is carried and used in
a manner that is secure and is not dangerous;
and
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Act No.
(b) must take reasonable precautions to ensure
that the firearm is not lost or stolen.
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A person who is carrying or using a category E
5
longarm must--
(a) ensure that the firearm is carried and used in
a manner that is secure and is not dangerous;
and
(b) must take reasonable precautions to ensure
10
that the firearm is not lost or stolen.
Penalty: 240 penalty units or 4 years
imprisonment.
(4) A person who is carrying or using ammunition
must--
15
(a) ensure that the ammunition is carried and
used in a manner that is secure and is not
dangerous; and
(b) must take reasonable precautions to ensure
that the ammunition is not lost or stolen.
20
Penalty: 60 penalty units or 12 months
imprisonment.
127. Use of firearm by person other than the possessor
(1) A person who possesses a category A or B
longarm must not permit that firearm to be carried
25
or used by any person who is not--
(a) so authorised by a licence under Part 2; or
(b) exempted by this Act from the requirement
to be so authorised.
Penalty: 60 penalty units or 12 months
30
imprisonment.
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(2) A person who possesses a category C or D
longarm or a handgun must not permit that
firearm to be carried or used by any person who is
not--
(a) so authorised by a licence under Part 2; or
5
(b) exempted by this Act from the requirement
to be so authorised.
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A person who possesses a category E longarm
10
must not permit that firearm to be carried or used
by any person who is not--
(a) so authorised by a licence under Part 2; or
(b) exempted by this Act from the requirement
to be so authorised.
15
Penalty: 240 penalty units or 4 years
imprisonment.
128. Offence to damage property with a firearm
A person must not injure or damage property with
a firearm.
20
Penalty: 120 penalty units or 2 years
imprisonment.
129. Offence to use a firearm in a dangerous manner
A person must not use a firearm in a dangerous
manner.
25
Penalty: 120 penalty units or 2 years
imprisonment.
130. Offence to carry or use a firearm in certain places
(1) A person must not carry or use a firearm in a town
or populous place or on any thoroughfare or place
30
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Act No.
open to or used by the public for passage with
vehicles.
Penalty: 60 penalty units or 12 months
imprisonment.
(2) Sub-section (1) does not apply to--
5
(a) any member of the police force when acting
in the course of their official duties when so
authorised by the Chief Commissioner; or
(b) any member of a police force of the
Commonwealth or of another State or a
10
Territory when carrying or using a firearm
issued to him or her for the performance of a
detailed duty; or
(c) any person who holds a licence under this
Act, issued for the reason of security guard
15
or prison guard when carrying or using a
firearm which the guard is authorised to
carry or use under the licence and when
acting in the course of his or her duties as a
security guard or prison guard; or
20
(d) any person who holds a licence under this
Act, when carrying or using a firearm which
the person is authorised to carry or use under
the licence and who is acting in the course of
his or her duties in putting down birds or
25
animals.
131. Offence to possess, carry or use a firearm on private
property without consent
(1) A person must not--
(a) possess, carry or use a firearm on private
30
property; or
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(b) discharge a shot, bullet or other missile from
a firearm onto or across private property--
without the consent of the owner or occupier of
the property.
Penalty: 60 penalty units or 12 months
5
imprisonment.
(2) In any proceedings for an offence under sub-
section (1)(a), it is a defence for a person to
satisfy the court that he or she was approaching
the residence of the owner or occupier of the
10
property along a defined path for the purposes of
applying for such consent
132. Offence to carry or use a firearm while intoxicated
A person must not carry or use a firearm if that
person is under the influence of intoxicating
15
liquor or a drug.
Penalty: 120 penalty units or 2 years
imprisonment.
133. Disposal of a firearm to person who is intoxicated
A person must not dispose of a firearm to a
20
person whom the person disposing of the firearm
reasonably believes to be under the influence of
intoxicating liquor or a drug.
Penalty: 120 penalty units or 2 years
imprisonment.
25
134. Offence to alter a firearm
(1) A person must not shorten the barrel of a longarm
so as to reduce the length of the firearm to less
than 75 centimetres measured parallel with the
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Act No.
barrel or the length of the barrel to less than 50
centimetres.
Penalty: 240 penalty units or 4 years
imprisonment.
(2) A person must not alter a firearm which has been
5
rendered permanently inoperable so that the
firearm can discharge any shot, bullet or missile.
Penalty: 240 penalty units or 4 years
imprisonment.
(3) A person must not deface or alter any number or
10
letter or other identifying symbol or mark on a
firearm.
Penalty: 240 penalty units or 4 years
imprisonment.
135. Offence to own a firearm without a licence to possess
15
(1) A person must not own a category A or B longarm
unless that person is authorised by a licence under
this Act to possess the firearm.
Penalty: 60 penalty units or 12 months
imprisonment.
20
(2) A person must not own a category C or D longarm
or a handgun unless that person is authorised by a
licence under this Act to possess the firearm.
Penalty: 120 penalty units or 2 years
imprisonment.
25
(3) A person must not own a category E longarm
unless that person is authorised by a licence under
this Act to possess the firearm.
Penalty: 240 penalty units or 4 years
imprisonment.
30
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136. Disposal of firearms to minors
A person must not dispose of a firearm to a person
who is under 18 years of age.
Penalty: 240 penalty units or 4 years
imprisonment.
5
137. Alteration of documents
A person must not alter the particulars on a
licence, permit, certificate or other document
issued under this Act.
Penalty: 240 penalty units or 4 years
10
imprisonment.
138. False entries
A person must not make or cause to be made a
false or misleading entry in a register or other
record required to be kept under this Act.
15
Penalty: 240 penalty units or 4 years
imprisonment.
139. Notification of change of address
The holder of a licence or permit under this Act
must notify the Chief Commissioner in writing of
20
any change of the address which appears on the
licence within 7 days after the change occurs.
Penalty: 30 penalty units.
140. Requirement to notify Chief Commissioner of loss etc.
The holder of a licence must notify the Chief
25
Commissioner of any loss, theft or destruction of a
firearm in the holder's possession within 24 hours
after becoming aware of that loss, theft or
destruction.
Penalty: 30 penalty units.
30
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Act No.
141. Statements of the Chief Commissioner as evidence
In any proceedings under this Act, a statement in
writing purporting to be signed by the Chief
Commissioner to the effect that--
(a) a specified person was or was not the holder
5
of a licence or permit under this Act; or
(b) a licence or permit under this Act is subject
to the conditions specified in the certificate;
or
(c) a premises is the premises specified in the
10
licence; or
(d) the information specified in the certificate is
recorded on the Register; or
(e) the firearm specified in the certificate is or is
not registered; or
15
(f) a firearm is of a particular type or category--
is evidence, and in the absence of evidence to the
contrary, is proof of the facts stated in it.
142. Liability of officers of body corporate or nominated
persons for offences committed by the body corporate
20
If a body corporate is guilty of an offence against
this Act or any regulation made under this Act,
any officer of the body corporate or nominated
person who was in any way, by act or omission,
directly or indirectly, knowingly concerned in or a
25
party to the commission of the offence is also
guilty of that offence and liable to the penalty for
that offence.
143. How to determine state of mind of a body corporate
If, in any proceeding for an offence against this
30
Act, it is necessary to establish the state of mind
of a body corporate in relation to particular
conduct, it is sufficient to show that--
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(a) the conduct was engaged in by an officer,
employee or agent of the body corporate
within the scope of his or her actual or
apparent authority; and
(b) the officer, employee or agent had that state
5
of mind.
144. Liability of body corporate or licence holder for acts
of directors, employees or agents
If an officer, employee or agent of a body
corporate or an employee or agent of a licence
10
holder engages in conduct on behalf of the body
corporate or licence holder within the scope of his
or her actual or apparent authority, the body
corporate or licence holder must be taken, for the
purposes of prosecution for an offence against this
15
Act, also to have engaged in the conduct unless
the body corporate or licence holder establishes
that it took reasonable precautions and exercised
due diligence to avoid the conduct.
145. Evidence of possession
20
In any proceedings under this Act, evidence that a
person occupies any land or premises on or in
which any firearm is found is evidence, and, in the
absence of evidence to the contrary, is proof that
that person possessed the firearm.
25
_______________
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s. 146
Act No.
PART 8--FURTHER ENFORCEMENT POWERS
146. Warrants to search premises
(1) A member of the police force may apply to a
magistrate for the issue of a search warrant in
relation to particular premises, if the member
5
believes on reasonable grounds that an offence
against this Act is being or is about to be
committed.
(2) If the magistrate is satisfied by the evidence on
oath, whether oral or by affidavit, that there are
10
reasonable grounds for suspecting that an offence
against this Act is being or is about to be
committed, the magistrate may issue a search
warrant authorising the member named in the
warrant and any assistants the member considers
15
necessary--
(a) to enter the premises named or described in
the warrant; and
(b) to search for and seize any evidence of the
offence named or described in the warrant.
20
(3) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the evidence to be searched
25
for; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be at any time
or during stated hours; and
30
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(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
5
prescribed form under that Act.
(5) The rules to be observed with respect to search
warrants set out by or under the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
10
147. Announcement before entry
(1) Before executing a search warrant, the member
named in the warrant or person assisting must
announce that he or she is authorised by warrant
to enter the premises and give any person at the
15
premises an opportunity to allow entry to the
premises.
(2) The member or a person assisting the member
need not comply with sub-section (1) if he or she
believes, on reasonable grounds, that immediate
20
entry to the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
148. Copy of the warrant to be given to occupier
25
If the occupier or another person who apparently
represents the occupier is present at the premises
when a search warrant is being executed, the
member must--
(a) identify himself or herself to the person as a
30
member of the police force; and
(b) give that person a copy of the execution copy
of the warrant.
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149. Search of persons or vehicles
If a member of the police force has reasonable
grounds for believing that a person is committing
or is about to commit an offence against this Act
and that person has a firearm or ammunition in his
5
or her possession, the member may search that
person and any vehicle, package or thing in the
possession of that person, and may seize any
firearm or ammunition found during the course of
that search.
10
150. Power to require production of licence
(1) A member of the police force--
(a) who has reasonable grounds for believing
that a person has committed or is about to
commit an offence against this Act or that a
15
person is in possession of a firearm; and
(b) who produces his or her identification for
inspection by the person--
may demand that the person produce his or her
licence or permit under this Act.
20
(2) A person to whom a demand is directed under
sub-section (1) must comply with that demand.
Penalty: 30 penalty units.
151. Powers of court to order forfeiture of firearms
(1) If a person has by the operation of a finding by a
25
court or the making of an order by a court--
(a) become a prohibited person; or
(b) been found guilty of--
(i) an offence against this Act; or
(ii) an offence under another Act involving
30
the possession, carriage or use of a
firearm--
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the Supreme Court, or the court who makes the
finding or order, may order the forfeiture to the
Crown of any firearm and ammunition in the
possession of or used or carried by the person.
(2) The court must notify the Chief Commissioner of
5
the forfeiture of the firearm.
152. Disposal of forfeited firearms
Any firearm which is forfeited to the Crown
under this Act or any other Act must be--
(a) destroyed; or
10
(b) disposed of in accordance with one of the
following sub-paragraphs--
(i) if the person who is entitled to possess
the firearm under this Act is not the
person from whom the firearm was
15
seized, by returning it to that person; or
(ii) by giving the firearm to any person or
body approved for that purpose by the
Minister.
153. Power of court to make an order with respect to the
20
disposal of a firearm
If a firearm or ammunition has been surrendered
or seized under this Act or any other Act or has
been handed in to a member of the police force
and--
25
(a) the owner cannot be found; or
(b) it is otherwise necessary for the firearm or
ammunition to be disposed of--
the Magistrates' Court may, on the application of
a member of the police force, order that the
30
firearm or ammunition be destroyed or otherwise
disposed of in the manner approved by the Court.
_______________
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PART 9--FIREARMS APPEALS COMMITTEE
Division 1--Establishment of Committee
154. Establishment of Committee
(1) There is established a committee to be called the
Firearms Appeals Committee.
5
(2) The Committee has the function of reviewing
decisions of the Chief Commissioner in the
circumstances in which a right to review is given
to any person by or under this Act.
155. Membership of the Committee
10
(1) The Committee is to consist of 13 persons
appointed by the Governor in Council.
(2) Of the persons appointed to the Committee--
(a) 3 must be barristers and solicitors of the
Supreme Court of Victoria nominated by the
15
Minister from a panel of persons submitted
to the Minister as follows--
(i) if there are more than 2 RPAs (within
the meaning of the Legal Practice Act
1996), one person may be nominated
20
for the panel by each RPA; or
(ii) if there are only 2 RPAs, 3 persons may
be nominated for the panel by each
RPA; or
(iii) if there is only one RPA, 5 persons may
25
be nominated for the panel by that
RPA; and
(b) 5 must be nominated by the Minister; and
(c) 5 must be nominated by the Minister from
panels of persons submitted as follows--
30
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(i) 2 must be appointed from a panel of 5
persons submitted to the Minister by
the Shooting Sports Council of
Victoria; and
(ii) 1 must be appointed from a panel of 3
5
persons submitted to the Minister by
the Victorian Amateur Pistol
Association; and
(iii) 1 must be appointed from a panel of 3
persons submitted to the Minister by
10
the Firearms Traders Association of
Victoria; and
(iv) 1 must be appointed from a panel of 3
persons submitted to the Minister by
the Victorian Farmers Federation.
15
156. Terms of office
(1) A member of the Committee holds office for the
term determined by the Governor in Council
which must not be more than 3 years from the
date of his or her appointment.
20
(2) A member of the Committee is eligible for
reappointment.
(3) The Public Sector Management Act 1992
(except Part 9 or in accordance with Part 8) does
not apply to a member in respect of the office of
25
member.
157. Resignation and removal
(1) A member of the Committee ceases to be a
member if he or she is absent, without leave first
being granted by the Committee, from 3
30
consecutive meetings of the Committee of which
reasonable notice has been given to that member,
either personally or by post.
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(2) A member of the Committee may resign the office
of member by writing signed by the member and
addressed to the Governor in Council.
(3) The Governor in Council may, at any time,
remove a member from office.
5
(4) If a member dies, resigns or is removed from
office, the Governor in Council may, in
accordance with this Act, fill the vacant office.
(5) A member appointed under sub-section (4) holds
office for the rest of the term of appointment of
10
the member whose place he or she fills.
158. Chairperson
(1) The Governor in Council may appoint a member
of the Committee who holds office under section
155(2)(a) to be the chairperson of the Committee.
15
(2) The chairperson holds that office for the term
determined by the Governor in Council and is
eligible for reappointment.
(3) The chairperson may resign that office by writing
signed by him or her and addressed to the
20
Governor in Council.
(4) The Governor in Council may, at any time remove
the chairperson from office.
(5) The chairperson ceases to hold office on ceasing
to be member of the Committee.
25
159. Acting member
(1) If a member of the Committee is unable to
perform the duties or functions of his or her
office, the Governor in Council may appoint a
person qualified to be appointed to that office to
30
act in that office during the period of inability.
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(2) The Governor in Council--
(a) subject to this Act, may determine the terms
and conditions of appointment of an acting
member; and
(b) may, at any time, terminate the appointment.
5
(3) While the appointment of the acting member
remains in force, the acting member has and may
exercise all the powers and perform all the duties
and functions of the office in which that person is
acting.
10
160. Payment of members
(1) A member, other than a member who is an officer
or employee of the public service within the
meaning of the Public Sector Management Act
1992, is entitled to receive the fees, if any, that are
15
fixed from time to time by the Governor in
Council for the members of the Committee.
(2) A member is entitled to receive the allowances
that are fixed from time to time by the Governor
in Council.
20
161. Procedure of the Committee
(1) The chairperson must preside at a meeting of the
Committee at which he or she is present.
(2) In the absence of the chairperson, the members
present may elect a member to preside at the
25
meeting.
(3) A question arising at a meeting of the Committee
is to be determined by a majority of votes of the
members present at the meeting.
(4) The person presiding at the meeting has a
30
deliberative vote and, if the members are equally
divided in opinion, a second or casting vote.
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(5) A quorum of the Committee consists of 7
members.
(6) Except as otherwise provided for in this Act, the
Committee may regulate its own proceedings.
162. Effect of vacancy or defect
5
An act or decision of the Committee is not
invalid only because--
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment
of any of its members; or
10
(c) in the case of an acting member, the
occasion for that member so acting had not
arisen or had ceased.
Division 2--Review of Decisions of the Chief Commissioner
163. Power of committee to sit in divisions
15
(1) For the purposes of reviewing a decision of the
Chief Commissioner, the Committee may sit in
divisions.
(2) A division must consist of 3 members of the
Committee of whom--
20
(a) 1 must be appointed from the persons
appointed to the Committee under section
155(2)(a); and
(b) 1 must be appointed from the persons
appointed to the Committee under section
25
155(2)(b); and
(c) 1 must be appointed from the persons
appointed to the Committee under section
155(2)(c).
(3) The member appointed to a Division under sub-
30
section (2)(a) must preside at a Division hearing.
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(4) More than one Division of the Committee may sit
concurrently.
164. Decision of a Division
A question before a Division of the Committee
must be decided according to the opinion of the
5
majority of the members constituting the Division.
165. Change in composition of a Division
(1) If one of the members of the Division (other than
the presiding member) vacates office or becomes
incapable of sitting--
10
(a) before the Division has completed the
hearing; or
(b) before the Division has made a
determination in respect of a hearing--
if the remaining members of the Division agree,
15
the hearing may be continued, or a determination
made, by those remaining members and, if they
are divided in opinion as to the determination to
be made in respect of the hearing, the opinion of
the presiding member prevails.
20
(2) If the presiding member or more than 1 member
vacates office or becomes incapable of sitting
before the Division has completed the hearing or
made a determination in respect of the hearing, the
hearing is terminated and a new hearing may be
25
commenced before another Division of the
Committee.
(3) In a new hearing, the new Division may have
regard to the record of the proceeding before the
Committee as previously constituted, including
30
the record of any evidence taken in the
proceeding.
166. Procedure of Division
(1) A Division--
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(a) is not bound by the rules of evidence; and
(b) may inform itself in any manner it thinks fit;
and
(c) may conduct the proceeding in any manner it
thinks fit.
5
(2) Sections 14, 15, 16 and 21A of the Evidence Act
1958 apply to the Committee or a Division of the
Committee in hearing an appeal under this Act as
if the Committee or Division of the Committee (as
the case requires) were a Board appointed by the
10
Governor in Council.
167. How to commence a proceeding
(1) An application for the review of a decision of the
Chief Commissioner may be commenced before a
Division of the Committee by giving notice in
15
writing of the application to the Committee within
28 days of the notice of the decision of the Chief
Commissioner being given to the applicant.
(2) The applicant must give notice of the application
to the Chief Commissioner at the same time as
20
notice is given under sub-section (1) and the
notice must set out the nature and grounds of the
application.
(3) A person who is applying for a review of a
decision of the Chief Commissioner must pay the
25
fee prescribed for applications for review.
_______________
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PART 10--INFRINGEMENT NOTICES
168. Power to serve a notice
(1) A member of the police force may serve an
infringement notice under this Part on any person
that he or she has reason to believe has committed
5
a prescribed offence.
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the
10
person's last known place of residence or
business.
169. Form of notice
An infringement notice must state--
(a) the date of the notice;
15
(b) the provision of this Act or the regulations
that creates the offence;
(c) the nature of the offence and a brief
description of the offence;
(d) the date, time and place of the offence;
20
(e) the infringement penalty for the offence;
(f) the place where the infringement penalty
may be paid;
(g) the time (being not less than 28 days after
the date on which the notice was served)
25
within which the infringement penalty must
be paid;
(h) that if the amount of the infringement
penalty is paid before the end of the time
specified in the notice, the matter will not be
30
brought before the Magistrates' Court unless
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the notice is withdrawn within 28 days after
the date on which it was served;
(i) that the person is entitled to disregard the
notice and defend any proceedings in respect
of the offence in the Magistrates' Court;
5
(j) any other prescribed particulars.
170. Penalties to be paid for offences under infringement
notices
The penalty to be paid in respect of an offence to
which an infringement notice relates is one-tenth
10
of the maximum penalty fixed for that offence by
the Act or any lesser prescribed amount.
171. Late payment of penalty
If a charge has not been filed or a courtesy letter
served under Part 2 of Schedule 7 to the
15
Magistrates' Court Act 1989 in respect of an
offence to which an infringement notice relates,
an authorised officer may accept payment of the
infringement penalty even if the time specified in
the notice as the time within which the penalty
20
may be paid has expired.
172. Withdrawal of notice
(1) A member of the police force may withdraw an
infringement notice at any time within 28 days
after the date on which the notice was served by
25
serving a withdrawal notice on the person served
with the infringement notice.
(2) A withdrawal notice may be served on a person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the
30
person's last known place of residence or
business.
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(3) An infringement notice may be withdrawn even if
the infringement penalty has been paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid on the
infringement notice must be refunded.
5
173. Effect of payment of penalty
If--
(a) an infringement notice is not withdrawn; and
(b) the person on whom the notice was served
pays the infringement penalty within the
10
time specified in the notice or in accordance
with section 171--
then--
(c) the person has expiated the offence by
payment of the penalty; and
15
(d) no proceedings may be taken against the
person in respect of the offence; and
(e) no conviction is to be taken to have been
recorded against that person for the offence.
174. Application of penalty
20
(1) An infringement penalty paid under this Division
must be applied as if the person who committed
the offence had been convicted of the offence in
the Magistrates' Court on a charge filed by the
member of the police force who served the
25
infringement notice.
(2) The payment of an infringement penalty under
this Division by a person is not and must not be
taken to be--
(a) an admission of guilt in relation to the
30
offence; or
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(b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence and the payment does
not in any way affect or prejudice any such
claim or proceeding.
5
175. Proceedings where infringement notice served
(1) A charge may be filed if--
(a) the person on whom the notice was served
has not paid the infringement penalty within
the time specified in the notice or in
10
accordance with section 171; or
(b) the notice is withdrawn.
(2) Instead of filing a charge, payment of the
infringement penalty may be enforced in
accordance with the procedures in Part 2 of
15
Schedule 7 to the Magistrates' Court Act 1989
if--
(a) the infringement notice served under this
Division is an infringement notice within the
meaning of Schedule 7 to that Act; and
20
(b) the person on whom the notice was served
has not paid the infringement penalty within
the time specified in the notice or in
accordance with section 171; and
(c) the notice has not been withdrawn.
25
(3) If proceedings have been taken for an offence to
which an infringement notice relates because a
person has not paid the infringement penalty and a
conviction is imposed by the court, the conviction
must not be taken to be a conviction for any
30
purpose except in relation to--
(a) the making of the conviction itself; and
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(b) subsequent proceedings which may be taken
in respect of the conviction itself, including
proceedings by way of appeal.
_______________
5
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PART 11--GENERAL
176. Power of delegation
The Chief Commissioner may, in writing,
delegate to any member of the police force or to
any person employed in the office of the Chief
5
Commissioner any of the Chief Commissioner's
powers under this Act except this power of
delegation.
177. Duplicate licences
If, on receiving an application for a duplicate
10
licence, permit or authority, the Chief
Commissioner is satisfied that the original licence,
permit or authority has been lost or destroyed, the
Chief Commissioner may issue a duplicate of that
licence, permit or authority to the holder.
15
178. Application for duplicate licence
(1) An application under section 177 must be in the
manner and form approved by the Chief
Commissioner and accompanied by a statutory
declaration.
20
(2) The applicant must pay the fee prescribed for an
application in the nature of the application made.
179. Power of Chief Commissioner to make approvals
The Chief Commissioner may approve firearms
shooting ranges, firearms safety courses,
25
organisations of collectors, locations of paintball
activities, events and bodies to whom information
may be disclosed for the purposes of this Act.
180. Deceased estates
(1) The executor or administrator of an estate of a
30
person who has died in possession of a firearm
does not commit an offence against this Act if that
person retains possession of the firearm and
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carries the firearm, for a period of 6 months after
the death of the person, for the purposes of
disposing of the firearm.
(2) The executor or administrator must notify the
Chief Commissioner of the death of the person
5
who possessed the firearm.
Penalty: 10 penalty units.
181. Disclosure of information
Except to the extent necessary to perform duties
under this Act, a person engaged or employed in
10
the administration of this Act must not disclose
information gained because of that person's
engagement or employment or information
contained in a record, return or report prepared by
that person to any person except--
15
(a) a court; or
(b) the Committee; or
(c) the Minister; or
(d) the Chief Commissioner or a member of the
police force; or
20
(e) any person or body in another State or a
Territory or the Commonwealth who
performs tasks (whether or not as a delegate
or agent or otherwise) which correspond
with those performed by the Chief
25
Commissioner under this Act; or
(f) any body formed between the States and
Territories or between the Commonwealth,
the States and the Territories, if the
disclosure of information is approved by the
30
Chief Commissioner; or
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(g) the Ombudsman or the Ombudsman's
officers.
Penalty: 60 penalty units or 12 months
imprisonment.
182. Appeals from decisions of Committee
5
(1) An application may be made to the Administrative
Appeals Tribunal established under the
Administrative Appeals Tribunal Act 1984 for
the review of a decision of the Committee made
under Part 9 or of a failure by the Committee to
10
make such a decision within a reasonable time.
(2) An application under sub-section (1) may only be
made by a person aggrieved by--
(a) the decision of the Committee; or
(b) the failure of the Committee to act.
15
183. Immunity from liability
(1) Despite section 141 of the Health Services Act
1988, section 120A of the Mental Health Act
1986, section 16 of the Intellectually Disabled
Persons' Services Act 1986 and any other similar
20
enactment or provision if a registered medical
practitioner, registered psychologist or registered
nurse reasonably believes--
(a) that a person whom he or she has been
providing professional services is not a fit
25
and proper person to possess, carry or use a
firearm; and
(b) that that person has a licence under this Act
or intends to apply for a licence under this
Act or possesses or intends to possess a
30
firearm--
the practitioner, psychologist or nurse is not
subject to any civil or criminal liability for
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informing the Chief Commissioner of his or her
reasonable belief.
(2) If an officer of an approved club reasonably
believes--
(a) that a person who is a member of the club is
5
not a fit and proper person to possess, carry
or use a firearm; and
(b) that that person has a licence under this Act
or intends to apply for a licence under this
Act or possesses or intends to possess a
10
firearm--
the officer is not subject to any civil or criminal
liability for informing the Chief Commissioner of
his or her reasonable belief.
184. Exemptions for museums
15
(1) The Governor in Council, on the recommendation
of the Minister, may grant an exemption to a
museum from the provisions of Part 2 and
Division 2 of Part 4.
(2) The Chief Commissioner may recommend to the
20
Minister that a museum be granted an exemption
if the Chief Commissioner is satisfied that--
(a) the museum is a body corporate which is not
run for profit and is publicly funded; and
(b) the premises of the museum are open to the
25
public; and
(c) the museum is of an educational, historical
or cultural nature.
(3) An exemption is subject to any conditions
specified in the exemption.
30
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(4) The holder of an exemption must comply with the
exemption.
Penalty: 30 penalty units.
(5) An application for an exemption must be
addressed to the Chief Commissioner and in the
5
form and manner approved by the Chief
Commissioner.
(6) A person who applies for an exemption must pay
the fee prescribed for exemptions in the nature of
the exemption applied for.
10
185. Interstate licence holders--temporary visitors
(1) A person who--
(a) is the holder of a licence issued in another
State or a Territory which authorises the
possession, carriage or use of a category A
15
or B longarm or a handgun for the purposes
of sport or target shooting; and
(b) ordinarily resides in the other State or
Territory--
is deemed to be the holder of a corresponding
20
licence under this Act for the purposes of taking
part in a shooting competition which is conducted
by an approved club or organisation.
(2) A person who--
(a) is the holder of a licence in another State or a
25
Territory which authorises the possession,
carriage or use of a category A or B longarm
for the purposes of hunting; and
(b) ordinarily resides in the other State or
Territory--
30
is deemed to be the holder of a corresponding
licence under this Act to the extent that the holder
is authorised--
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(c) to hunt on land where the holder has
obtained the permission of the owner or
occupier of the land to hunt on that land; and
(d) to hunt on Crown land, if such hunting is in
accordance with any Act, regulation or other
5
instrument regulating hunting on that land.
(3) A person who--
(a) is the holder of a licence in another State or a
Territory which authorises the carrying on of
the business of dealing in firearms; and
10
(b) ordinarily resides in the other State or
Territory--
is deemed to be the holder of a corresponding
licence under this Act for the purpose of taking
part in a display of firearms--
15
(c) which is conducted by licensed firearms
dealer; and
(d) which is approved by the Chief
Commissioner.
186. Temporary visitor permit
20
(1) A person who ordinarily resides outside Australia
may apply to the Chief Commissioner for a permit
to possess, carry or use a firearm in Victoria.
(2) The Chief Commissioner may issue a permit to a
person who has applied for a permit under sub-
25
section (1) and may impose any conditions on the
permit the Chief Commissioner thinks fit.
(3) The holder of a permit under this section does not
commit an offence against section 6 or 7 while
acting under and in accordance with the permit.
30
(4) The holder of the permit must comply with the
permit.
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Penalty: 60 penalty units or 12 months
imprisonment.
187. Interstate licence holders--permanent residents
(1) A person who--
(a) is the holder of a licence in another State or a
5
Territory which corresponds with a category
A or B longarms licence; and
(b) has notified the Chief Commissioner that he
or she intends to permanently reside in
Victoria--
10
is, for a period of 3 months after that notification
is given, deemed to be--
(c) the holder of a category A or B longarms
licence (as the case requires); and
(d) authorised under that licence to possess,
15
carry or use any firearm which that person
was so authorised to possess, carry or use
under the licence issued in the other State or
Territory.
(2) A person who--
20
(a) is the holder of a licence in another State or a
Territory which corresponds with a category
C or D longarms licence or a handgun
licence; and
(b) has notified the Chief Commissioner that he
25
or she intends to permanently reside in
Victoria--
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is, for a period of 7 days after that notification is
given--
(c) deemed to be the holder of a category C or D
longarms licence or a handgun licence (as
the case requires); and
5
(d) authorised under that licence to possess or
carry any firearm which that person was so
authorised to possess, carry or use under the
licence issued in the other State or Territory.
188. Power to approve schemes of compensation
10
(1) The Minister, in consultation with the Treasurer,
may approve a scheme of compensation for
making payment to any person who surrenders to
the Chief Commissioner a firearm which he or she
lawfully owned immediately before it became
15
unlawful to own that firearm.
(2) A payment made under a scheme approved by the
Minister under sub-section (1) must be paid from
the Consolidated Fund which is hereby to the
necessary extent appropriated accordingly.
20
189. Application to be deemed not to be a prohibited person
(1) A person--
(a) who is subject to an intervention order under
section 4 of the Crimes (Family Violence)
Act 1987 or an order of a corresponding
25
nature made in another State or a Territory;
or
(b) in relation to whom not more than 5 years
have passed since the person was the subject
of such an order--
30
may apply to the Court for a declaration that that
person--
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(c) is deemed not to be a prohibited person by
virtue of being or having been subject to
such an order; or
(d) is so deemed for limited purposes only.
(2) The purposes for which the person is deemed not
5
to be a prohibited person must be specified in the
order.
(3) In this section, "Court" means--
(a) if a person was made subject to an order
referred to in sub-section (1) in Victoria, the
10
Court which made the order; or
(b) if a person was made subject to an order
referred to in sub-section (1) in another State
or a Territory, the Supreme Court.
190. Supreme Court--Limitation of jurisdiction
15
It is the intention of this section to alter or vary
section 85 of the Constitution Act 1975 to the
extent necessary to prevent the bringing before the
Supreme Court of actions of the kind referred to in
section 183.
20
191. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
25
Act, including but not limited to the following
matters--
(a) the acquisition and possession of
ammunition or classes of ammunition,
including--
30
(i) specifying amounts of ammunition that
may be acquired by persons or classes
of persons; and
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(ii) specifying amounts of ammunition that
may be possessed by persons or classes
of persons;
(b) any devices which are not to fall within the
definition of firearms;
5
(c) classes of firearms that fall within the
definitions of category D or E longarms;
(d) classes of persons that fall within the
definition of prohibited person;
(e) reasons for which persons may need licences
10
to possess, carry or use category B longarms
or handguns;
(f) reasons for which the Chief Commissioner
must not issue licences under the Act;
(g) fees for any application or for the issue or
15
renewal of any licence or permit or the
giving of any approval made under the Act;
(h) fees which may be charged by firearms
dealers when acting as agents;
(i) fees for applications to the Committee to
20
review decisions of the Chief Commissioner
(j) forms for the purposes of the Act;
(k) particulars to be included in applications,
forms, notices, registers or other documents
under the Act;
25
(l) grounds for the cancellation of licences
under the Act;
(m) particulars which must be kept on the
firearms register or any other document or
by any other person or class or persons;
30
(n) grounds upon which licences, permits or
other approvals may be varied;
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(o) grounds upon which renewals of licences,
permits or other approvals may be refused;
(p) items for which permits to possess, carry or
use are required;
(q) grounds for refusing to issue permits;
5
(r) the procedure of the Committee, whether
sitting as a whole or in Divisions;
(s) offences in respect of which infringement
notices may be issued.
(2) Regulations made under this Act--
10
(a) may be of general or limited application;
(b) may differ according to differences in time
place or circumstances; and
(c) may confer a discretionary authority or
impose a duty on a specified person or body
15
or a specified class of persons or bodies; and
(d) may impose a penalty not exceeding 5
penalty units for a contravention of the
regulations; and
(e) may make provision for--
20
(i) a scale of fees according to the nature
of the licence, permit or approval
provided; or
(ii) the reduction, waiver or refund in
whole or in part of the fees.
25
(3) If, under sub-section (2)(e), regulations provide
for a reduction, waiver or refund in whole or in
part of a fee, the reduction, waiver or refund may
be expressed to apply either generally or
specifically--
30
(a) in respect of certain matters or transactions
or classes of matters or transactions;
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(b) in respect of certain documents or classes of
documents;
(c) when an event happens;
(d) in respect of certain persons or classes of
persons; or
5
(e) in respect of any combination of such
matters, transactions, documents, events or
persons--
and may be expressed to apply subject to
specified conditions or in the discretion of any
10
specified person or body.
_______________
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Act No.
PART 12--TRANSITIONAL PROVISIONS
192. Definitions
In this Part--
"new Committee" means the Firearms Appeals
Committee established under this Act;
5
"old Act" means the Firearms Act 1958 as in
force immediately before the commencement
of section 177 of this Act.
"old Committee" means the Firearms
Consultative Committee established under
10
the old Act.
193. Repeal of Firearms Act 1958
The Firearms Act 1958 is repealed.
194. References
In--
15
(a) an Act; or
(b) a subordinate instrument within the meaning
of the Interpretation of Legislation Act
1984;
(c) any document whatever--
20
in relation to any period occurring on or after the
commencement of this section and, unless
inconsistent with the context or subject matter, a
reference to the Firearms Act 1958 must be taken
to be a reference to the Firearms Act 1996.
25
195. Licences authorities permits and schemes
(1) On and from the coming into operation of this
section--
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(a) an authority which--
(i) is given by the Registrar under section
32(1) of the old Act for a firearm which
is a category C longarm for the
purposes of this Act; and
5
(ii) is in force immediately before the
commencement of this Act; and
(iii) is not held by the holder of a gun
dealer's licence within the meaning of
the old Act--
10
is deemed to--
(iv) be a longarms licence for a category C
longarm and, except as is otherwise
provided for in this paragraph, the
provisions of this Act apply
15
accordingly; and
(v) continue in force, unless sooner
suspended or cancelled in accordance
with the provisions of this Act, until the
date on which the authority would have
20
expired, if the old Act had continued to
apply to it;
(b) an authority which--
(i) is given by the Registrar under section
32(1) of the old Act for a firearm which
25
is a category D longarm for the
purposes of this Act; and
(ii) is in force immediately before the
commencement of this Act; and
(iii) is not held by the holder of a gun
30
dealer's licence within the meaning of
the old Act--
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Act No.
is deemed to--
(iv) be a longarms licence for a category D
longarm and, except as is otherwise
provided for in this paragraph, the
provisions of this Act apply
5
accordingly; and
(v) continue in force, unless sooner
suspended or cancelled in accordance
with the provisions of this Act, until the
date on which the authority would have
10
expired, if the old Act had continued to
apply to it;
(c) a shooter's licence within the meaning of the
old Act for a firearm which is a category A
longarm for the purposes of this Act and
15
which is in force immediately before the
commencement of this Act--
(i) is deemed to be a longarms licence for
a category A longarm and, except as is
otherwise provided for in this
20
paragraph, the provisions of this Act
apply accordingly; and
(ii) continues in force, unless sooner
suspended or cancelled in accordance
with the provisions of this Act, until the
25
date on which the licence would have
expired, if the old Act had continued to
apply to it;
(d) a shooter's licence within the meaning of the
old Act for a firearm which is a category B
30
longarm for the purposes of this Act and
which is in force immediately before the
commencement of this Act--
(i) is deemed to be a longarms licence for
a category B longarm and, except as is
35
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otherwise provided for in this
paragraph, the provisions of this Act
apply accordingly; and
(ii) continues in force, unless sooner
suspended or cancelled in accordance
5
with the provisions of this Act, until the
date on which the licence would have
expired, if the old Act had continued to
apply to it;
(e) a pistol licence, within the meaning of the
10
old Act in force immediately before the
commencement of this Act--
(i) is deemed to be a handgun licence and
except as is otherwise provided for in
this paragraph, the provisions of this
15
Act apply accordingly; and
(ii) continues in force, unless sooner
suspended or cancelled in accordance
with a provision of this Act, until the
date on which the licence would have
20
expired, if the old Act had continued to
apply to it.
(f) a pistol collector's licence, within the
meaning of the old Act in force immediately
before the commencement of this Act--
25
(i) is deemed to be a firearms collectors
licence and, except as is otherwise
provided for in this paragraph, the
provisions of this Act apply
accordingly; and
30
(ii) continues in force, unless sooner
suspended or cancelled in accordance
with the provisions of this Act, for a
period of 2 years;
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(g) a gun dealer's licence, within the meaning of
the old Act in force immediately before the
commencement of this Act--
(i) is deemed to be a dealers licence with
authority to deal in category A and B
5
longarms and handguns and, except as
is otherwise provided for in this
paragraph, the provisions of this Act
apply accordingly; and
(ii) continues in force, unless sooner
10
suspended or cancelled in accordance
with the provisions of this Act, until the
date on which the licence would have
expired, if the old Act had continued to
apply to it;
15
(h) an authority which--
(i) is given by the Registrar under section
32(1) of the old Act for a firearm which
is a category C longarm for the
purposes of this Act; and
20
(ii) is in force immediately before the
commencement of this Act; and
(iii) is held by the holder of a gun dealer's
licence within the meaning of the old
Act--
25
is deemed to--
(iv) be a dealers licence with authority to
deal in category C longarms and,
except as is otherwise provided for in
this paragraph, the provisions of this
30
Act apply accordingly; and
(v) continue in force, unless sooner
suspended or cancelled in accordance
with the provisions of this Act, until the
date on which the authority would have
35
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expired, if the old Act had continued to
apply to it;
(i) an authority which--
(i) is given by the Registrar under section
32(1) of the old Act for a firearm which
5
is a category D longarm for the
purposes of this Act; and
(ii) is in force immediately before the
commencement of this Act; and
(iii) is held by the holder of a gun dealer's
10
licence within the meaning of the old
Act--
is deemed to--
(iv) be a dealers licence with authority to
deal in category D longarms and,
15
except as is otherwise provided for in
this paragraph, the provisions of this
Act apply accordingly; and
(v) continue in force, unless sooner
suspended or cancelled in accordance
20
with the provisions of this Act, until the
date on which the authority would have
expired, if the old Act had continued to
apply to it;
(j) a display licence, within the meaning of the
25
old Act in force immediately before the
commencement of this Act--
(i) is deemed to be a firearms collectors
licence and, except as is otherwise
provided for in this paragraph, the
30
provisions of this Act apply
accordingly; and
(ii) continues in force, unless sooner
suspended or cancelled in accordance
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with a provision of this Act, until the
date on which the licence would have
expired, if the old Act had continued to
apply to it;
(k) a junior permit, within the meaning of the
5
old Act in force immediately before the
commencement of this Act--
(i) is deemed to be a junior licence except
as is otherwise provided for in this
paragraph, the provisions of this Act
10
apply accordingly; and
(ii) continues in force, unless sooner
suspended or cancelled in accordance
with a provision of this Act, until the
date on which the licence would have
15
expired, if the old Act had continued to
apply to it.
(2) Despite the coming into operation of section 177
an authority issued by the Governor in Council
under section 32(6) of the old Act and in force
20
immediately before the commencement of this Act
continues in force as if that Act had not been
repealed, for a period of 12 months after the
coming into operation of section 193.
(3) A person who is, under sub-section (1), deemed to
25
be the holder of a longarms licence for category A
or B longarms or a handgun licence and who is,
upon the expiration of that licence under this
section, applying for the renewal of the licence
under this Act, the Chief Commissioner may
30
impose a condition on the renewed licence as to
the number of firearms that may be possessed
under that licence if the person cannot
demonstrate a need to possess some of the
firearms possessed under the licence.
35
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196. Right to apply to court under section 189 before
commencement of part of Act
A person may apply to the Court (within the
meaning of section 189) for a declaration under
that section at any time after the commencement
5
of that section, despite the fact that any other part
of this Act has not commenced.
197. Appeals and rights to appeal
If--
(a) an appeal before the old Committee under
10
section 43 of the old Act has not been
completed before the commencement of this
Act the new Committee may proceed to
determine the appeal as if it were an
application for a review of a decision of the
15
Chief Commissioner under this Act or
(b) a person, immediately before the
commencement of this Act, had a right to
appeal to the old Committee in respect of a
decision of the Registrar under the old Act,
20
this Act applies to that right as if it were a
right to apply for review of a decision of the
Chief Commissioner under this Act.
198. Sunset on licences and permits issued under repealed
provisions
25
(1) A farm permit issued and in force under section
22AB of the old Act as in force immediately
before the commencement of section 12 of the
Firearms (Amendment) Act 1983 continues in
force for a period of 12 months after the coming
30
into operation of section 193.
(2) A gun collectors licence issued and in force under
section 4B of the old Act, as inserted by section 4
of the Firearms (Amendment) Act 1966,
immediately before the repeal of that section
35
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199
Act No.
continues in force for a period of 12 months after
the coming into operation of section 193.
199. Declarations
(1) Any right existing under a declaration made under
section 4(1)(f) of the old Act and in force
5
immediately before the coming into operation of
section 193, continues to exist as if that Act had
not been repealed for a period of 12 months after
the coming into operation of section 193.
(2) Any right existing under a declaration made under
10
section 4(2) of the old Act and in force
immediately before the coming into operation of
section 193, continues to exist as if that Act had
not been repealed for a period of 12 months after
the coming into operation of section 193.
15
(3) Any right existing under a declaration made under
section 3(1A) of the old Act and in force
immediately before the coming into operation of
section 193, continues to exist as if that Act had
not been repealed for a period of 12 months after
20
the coming into operation of section 193.
200. Prison officers
Any person who is a prison officer within the
meaning of the Corrections Act 1986 and who,
within a period of 12 months after the coming into
25
operation of section 193, has in his possession or
carries or uses a firearm issued to him for the
performance of a detailed duty and during the
performance of the duty does not commit an
offence against section 6 or 7 for so doing and is
30
not required to hold a licence under this Part.
201. Consequential--Crimes Act 1958 and Magistrates'
Court Act 1989
(1) In section 29(3) of the Crimes Act 1958, for
paragraph (a) substitute--
35
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s. 203 Act No.
'(a) "firearm" has the same meaning as in the
Firearms Act 1996; and'.
(2) In section 77(1)(a) of the Crimes Act 1958 for
' "firearm" includes an airgun or air pistol'
substitute ' "firearm" has the same meaning as
5
in the Firearms Act 1996'.
(3) In Schedule 4 to the Magistrates' Court Act
1989, after item 56A insert--
"56B. Crimes Act
Offences under section 32 of the Crimes Act
10
1958.".
202. Insertion of new section in Crimes Act 1958
After section 31 of the Crimes Act 1958 insert--
"32. Use of firearms in the commission of
offences
15
(1) A person who is found guilty of an indictable
offence and who carried a firearm (within
the meaning of the Firearms Act 1996)
when committing the offence is guilty of a
further offence and liable to a penalty of
20
imprisonment for not more than 5 years.
(2) Despite anything to the contrary in the
Sentencing Act 1991 or in any other law, a
court, in imposing a penalty under sub-
section (1)--
25
(a) must direct that the sentence not be
served concurrently with any other
sentence; and
(b) must not make an order suspending the
whole or any part of the sentence.".
30
203. Consequential--Crimes (Family Violence) Act 1987
(1) In section 5(1) of the Crimes (Family Violence)
Act 1987, for sub-section (1)(h) substitute--
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"(h) revoke any licence, permit or other authority
to possess, carry or use firearms."
(2) In section 5 of the Crimes (Family Violence) Act
1987, after sub-section (1) insert--
"(1A) If in an order under sub-section (1), a
5
licence, permit or other authority to possess,
carry or use firearms is revoked--
(a) the person in respect of whom the order
is made is disqualified from obtaining
any such licence, permit or authority
10
during the course of the order and for a
period of 5 years from the date of
cessation of the order; and
(b) any firearm in the possession of the
person must either be--
15
(i) forfeited to the Crown; or
(ii) disposed of by sale to a licensed
firearms dealer, within the
meaning of the Firearms Act
1996--
20
as the Court directs.
(1B) If a firearm is disposed of by sale under sub-
section (1A)(b)(ii), the proceeds of the sale
must be paid to the owner of the firearm.".
(3) In section 5(3) of the Crimes (Family Violence)
25
Act 1987, for "Firearms Act 1958" substitute
"Firearms Act 1996".
(4) In section 8(1B) of the Crimes (Family Violence)
Act 1987, omit "(b)".
(5) In section 8 of the Crimes (Family Violence) Act
30
1987, after sub-section (1B) insert--
"(1C) In making an interim intervention order the
court must determine whether or not the
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person against whom the order is made is the
holder of a licence, permit or other authority
under the Firearms Act 1996 to possess,
carry or use firearms.
(1D) If the person against whom the order is made
5
is the holder of a licence, permit or other
authority under the Firearms Act 1996, the
court may suspend that licence, permit or
authority.
(1E) Any firearm in the possession of a person in
10
whose licence, permit or authority is
suspended and the licence or permit
document must be immediately surrendered
to a member of the police force.
(1F) A member of the police force may seize any
15
firearm or licence or permit document which
is not immediately surrendered under sub-
section (1E).
(1G) The suspension of a licence, permit or
authority under this section remains in force
20
until--
(a) an order under section 5 is made; or
(b) the court which imposed the suspension
makes an order under sub-section (1H).
(1H) If a licence, permit or authority under the
25
Firearms Act 1996 has been suspended
under this section, and if an order under
section 5 is not made in place of the interim
order in which the licence, permit or
authority was suspended, the court which
30
made the interim order may, upon the
application of the person against whom the
interim order was made, revoke the
suspension, or cancel the licence, permit or
authority.
35
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207
Act No.
(1I) If a licence, permit or authority under the
Firearms Act 1996 is cancelled, any firearm
surrendered or seized under this section is
forfeited to the Crown and must be disposed
of as the court orders.
5
(1J) If the suspension of a licence, permit or
authority under the Firearms Act 1996 is
revoked, any firearm surrendered or seized
under this section must be returned to the
person who is authorised to possess that
10
firearm under that Act.".
204. Consequential--Court Security Act 1980
In section 2 of the Court Security Act 1980, for
the definition of "firearm" substitute--
' "firearm" has the same meaning as in the
15
Firearms Act 1996.'.
205. Consequential--National Parks Act 1975
In section 36(3) of the National Parks Act 1975,
for "Firearms Act 1958" substitute "Firearms
Act 1996".
20
206. Consequential--Second-Hand Dealers and
Pawnbrokers Act 1989
In section 4 of the Second-Hand Dealers and
Pawnbrokers Act 1989, for paragraph (b)
substitute--
25
"(b) a licensed firearms dealer or a firearm within
the meaning of the Firearms Act 1996; or".
207. Consequential--Wildlife Act 1975
In section 60(1)(b) of the Wildlife Act 1975, after
"this Act" insert "or which has been or is likely to
30
be used to threaten the officer or member".
__________________
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Sch. 1 Act No.
SCHEDULES
SCHEDULE 1
General Conditions For licences under Part 2
1. The holder of the licence must permit a member of the police force to
5 inspect the holder's storage arrangements at any reasonable time.
2. The holder of the licence must not transfer, lend or give the licence to
another person.
3. Any firearms held under the licence must not be used for any reason
other than the reasons authorised by the licence.
10 ------------------
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Act No.
SCHEDULE 2
Special Conditions for licences under Part 2
1. Longarm licences for category A or B longarms
(1) If the holder of a licence is authorised to hunt under the
5 licence, the licence is subject to the condition that, before
the holder enters any privately owned land for the purpose
of hunting, the holder must obtain the permission of the
owner or occupier of that land to hunt on the land.
(2) If the holder of the licence has obtained the licence for the
10 reason of hunting or primary production, the holder is also
authorised to hunt pest animals on Crown land, if such
hunting is in accordance with any Act, regulations or other
instrument regulating hunting on that land.
(3) The holder is authorised to carry or use a longarm, the
15 carriage or use of which is authorised by the licence, on an
approved shooting range.
(4) If one of the reasons for the licence is sport or target
shooting, the holder is authorised to hunt on privately
owned land if, before entering that land for the purposes of
20 hunting, the holder has obtained the permission of the owner
or occupier of that land to hunt on the land.
(5) If one of the reasons for the licence is sport or target
shooting, the holder must be a member of an approved club.
(6) If the licence is a longarm licence for category B longarms,
25 the holder is authorised to use category A longarms for the
reason for which the licence is issued.
2. Longarm licences for category C longarms
(1) The holder of the licence must not carry or use a longarm,
the carriage or use of which is authorised by the licence,
30 except--
(a) on the property on which the business of primary
production is carried out and for the purposes of the
genuine need for which the licence was required; or
(b) for the purposes of the suppression of pest animals--
35 (i) on another property on which primary
production is carried out, if the activity is
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conducted in accordance with the regulations;
or
(ii) on Crown land, if such hunting is in accordance
with any Act, regulation or other instrument
5 regulating hunting on that land.
(2) If the holder of the licence is authorised to possess, carry or
use a firearm for the purposes of clay target shooting, the
holder of the licence must remain a member of a clay target
shooting club or organisation approved by the Chief
10 Commissioner for the period of the licence.
3. Handgun licences
(1) If the holder of a licence is authorised to carry or use the
firearm for the purposes of the occupation of security guard,
the holder is also authorised to carry or use a handgun, the
15 carriage or use of which is authorised under the licence to
practise at an approved shooting range.
(2) If the holder is an approved club, the firearms held under the
licence--
(a) must not be carried by any person other than the
20 nominated person; and
(b) must not be used by any person other than a member
of an approved club and at an approved shooting
range.
4. Junior licences
25 (1) The holder of the licence must not carry or use a firearm
under the licence except under the immediate supervision of
a person who is the holder of a longarm licence or a
handgun licence (as the case requires).
(2) The holder is authorised to carry or use a handgun, the
30 carriage or use of which is authorised by the licence, on an
approved shooting range.
(3) The holder is not authorised to purchase ammunition.
5. Firearms collectors licences
(1) The holder of the licence must not possess or carry any
35 types of firearms under the licence which are not consistent
with the theme of the licence.
(2) The firearms kept under the licence must be kept at the
premises specified in the licence.
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(3) The firearms kept under the licence may be carried only for
the purposes of acquisition, disposal or repair.
(4) The holder of the licence must remain a member of an
organisation of firearms collectors approved by the Chief
5 Commissioner for the period of the licence.
(5) Any category E firearms in the collection must be rendered
permanently inoperable.
(6) Any category D firearms kept in the collection must be
rendered permanently inoperable as follows--
10 (a) in the case of firearms with fixed firing pins, the pin
must be ground flush with the face of the bolt, in any
other case, the pin must be removed completely; and
(b) in the case of firearms with a firing pin hole, the hole
must be filled from the front end with weld; and
15 (c) the barrel must be rendered inoperative by--
(i) welding a steel insert into the chamber end to
prevent chambering a round; or
(ii) drilling a hole vertically through the chamber
and welding a substantial pin in place to
20 prevent chambering a round; and
(d) immobilising the firing mechanism by welding the
trigger and internal components.
(7) Any firearms kept in the collection which are not category
D firearms must be immediately rendered incapable of use
25 by--
(a) the removal of the bolt or firing pin; or
(b) if that is not possible, by the application of an
appropriate trigger lock or barrel lock.
(8) Any bolt or firing pin that is removed must be stored in a
30 separate locked container from that in which the firearm is
stored.
(9) Any firearm for the collection must not be acquired except
from--
(a) a licensed firearms dealer; or
35 (b) the holder of a firearms collectors licence and through
the agency of a licensed firearms dealer.
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(10) Any firearm in the collection must not be disposed of except
to--
(a) the holder of a collector's licence, through the agency
of a licensed firearms dealer; or
5 (b) to a member of the police force for disposal; or
(c) to a museum to which an exemption has been granted
under Part 11.
(11) The holder of the licence or any person at the premises
specified in the licence must produce and allow inspection
10 of the register kept under section 24 when so requested by
any member of the police force.
6. Firearms heirlooms licences
(1) The licence applies only to the firearm or firearms specified
in the licence.
15 (2) The firearms kept under the licence must be kept at the
premises specified in the licence.
(3) Any of the firearms kept under the licence may be carried
only for the purposes of acquisition, disposal or repair.
(4) The firearms kept under the licence must not be used.
20 (5) The firearms kept under the licence must be rendered
permanently inoperable as follows--
(a) in the case of firearms with fixed firing pins, the pin
must be ground flush with the face of the bolt, in any
other case, the pin must be removed completely; and
25 (b) in the case of firearms with a firing pin hole, the hole
must be filled from the front end with weld; and
(c) the barrel must be rendered inoperative by--
(i) welding a steel insert into the chamber end to
prevent chambering a round; or
30 (ii) drilling a hole vertically through the chamber
and welding a substantial pin in place to
prevent chambering a round; and
(d) immobilising the firing mechanism by welding the
trigger and internal components; and
35 (6) The firearms kept under the licence must not be acquired or
disposed of except--
(a) through inheritance; or
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(b) to the holder of a firearms collectors licence, through
the agency of a licensed firearms dealer; or
(c) a member of the police force for disposal; or
(d) to a museum to which an exemption has been granted
5 under Part 11.
(7) The holder of the licence must not keep any ammunition for
the firearms kept under the licence.
7. Firearms ammunition collectors licences
(1) The ammunition must be kept at the premises specified in
10 the licence.
(2) The holder of the licence must remain a member of the
organisation of collectors approved by the Chief
Commissioner for the period of the licence.
(3) All ammunition in the collection must--
15 (a) be rendered inert except for all sporting ammunition
and military ammunition of UN hazard classification
code 1.4s up to 20mm calibre; and
(b) must not contain high explosive smoke or chemical or
lachrymatory agents.
20 (4) Any ammunition kept in the collection must not be disposed
of except--
(a) to another person who is the holder of a firearms
ammunition collectors licence through the agency of a
licensed firearms dealer; or
25 (b) to a licensed firearms dealer.
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SCHEDULE 3
Non-prohibited persons who are exempt from requirement to hold
a licences under Part 2
Item Column 1 Column 2
No. Persons Circumstances
A person serving as a When possessing, carrying or
1.
member of the naval, using a firearm while on duty or
military or air forces of the when carrying a firearm while
Commonwealth of going to or from duty.
Australia.
Any member of the police When possessing, carrying or
2.
force, recruit, officer or using a firearm for their official
employee in the office of duties when authorised to do so
the Chief Commissioner of by the Chief Commissioner.
Police or protective
services officer.
Any member of the police When possessing, carrying or
3.
force of the using a firearm issued to him or
Commonwealth or any her for the performance of a
other State or a Territory detailed duty.
of the Commonwealth.
Any person who is of or When carrying or using at an
4.
over the age of 18 years approved shooting range the
who is receiving handgun specified in the
instruction in the use of a supervisor's licence for the
handgun by or under the purposes of receiving the
immediate supervision of instruction.
the holder of a handgun
licence.
Any person who is of or When carrying or using a
5.
over the age of 18 years longarm of the category specified
who is receiving in the supervisor's licence for the
instruction in the use of a purposes of receiving the
category A or category B instruction at an approved
firearm by or under the shooting range.
immediate supervision of
the holder of a category A
or category B longarm
licence.
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Item Column 1 Column 2
No. Persons Circumstances
Any person. When using an airgun which is
6.
not a paintball gun and which is
securely attached to the bench for
the purpose of shooting at a target
at a shooting gallery or other
place of amusement.
Any commercial carrier or When possessing for the purposes
7.
warehouseman. of storage or carrying a firearm in
the ordinary course of his or her
business as a carrier or
warehouseman.
Any member of a cadet When carrying a category A or B
8.
corps established or longarm or using such a longarm
recognised by or under any under immediate supervision at an
Commonwealth Act approved range.
relating to defence.
Any person on any ship or When the firearm is part of the
9.
aircraft which normally usual equipment of the ship or
operates outside Australia. aircraft and remains on board the
ship or aircraft.
Any actor or person When carrying or using the
10.
performing in a work for firearm which is incapable of
stage, television or film or firing fixed ammunition or which
in an historical re- has been rendered permanently
enactment. inoperable.
Any officer of a sporting When carrying or using a
11.
club or association. handgun, which is and has always
been constructed for the purpose
of starting sporting events, for the
purpose of starting a sporting
event.
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SCHEDULE 4
Storage requirements
1. Longarm licences for category A and B longarms
(1) The firearm must be stored in a receptacle--
5 (a) which is constructed of hard wood or steel that is not
easily penetrable; and
(b) which, if it weighs less than 150 kilograms when it is
empty, must be fixed to the frame of the floor or the
wall of the premises where the firearm is kept in such
10 a manner that it is not easily removable; and
(c) which, when any firearm is stored in it, is locked with
a lock of sturdy construction.
(2) If more than 15 firearms are stored on the premises where
the firearm is stored, the premises must be fitted with an
15 effective alarm system.
(3) Any ammunition for the firearm must be stored in a locked
container separate from the receptacle in which the firearm
must be stored.
2. Longarm licences for category C or D longarms and handgun
20 licences
(1) The firearm must be stored in a steel safe--
(a) which is of a thickness that is not easily penetrable;
and
(b) which, if it weighs less than 500 kilograms when it is
25 empty, must be bolted to the structure of the premises
where the firearm is authorised to be kept; and
(c) which, when any firearm is stored in it, is locked.
(2) If more than 15 firearms are stored on the premises where
the firearm is stored, the premises must be fitted with an
30 effective alarm system.
(3) Any ammunition for the firearm must be stored in a locked
container separate from the safe in which the firearm must
be stored.
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3. Firearms collectors licences
(1) The firearm must be stored--
(a) on premises or a part of premises which is a
permanent building with secure locks on all openings;
5 and
(b) in a room--
(i) the walls of which are solid enough to be a
substantial physical barrier to entry; and
(ii) any window of which is covered by security
10 bars; and
(iii) any door to which is--
(A) of a solid material, or is covered by steel
sheet or reinforced by firmly fixed steel
mesh; and
15 (B) fitted with a lock of the dead latch type
or an extra hasp or barrel bolt and
padlock which is of such a nature as to
reduce the possibility of the door being
sprung from the jamb; and
20 (C) hinged with concealed hinge pins or with
hinge pins which are welded to prevent
the pins being removed; and
(c) in a container--
(i) which is made of steel or any other robust
25 material; and
(ii) which must be firmly fixed to the wall or floor
of the room; and
(iii) the doors of which are attached with concealed
or welded hinges; and
30 (iv) which, when any firearm is stored in it, is
locked with a lock which is so constructed as to
prevent the doors of the container being easily
sprung.
(2) If more than 15 firearms are stored on the premises where
35 the firearm is stored, the premises must be fitted with an
effective alarm system.
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(3) The firearm must not be removed from the container except
by the holder of the licence.
(4) Any bolt or firing pin which is required to be stored
separately from the firearm it is a part of, must be stored in
5 the same manner as is required for the storage of a firearm
under a longarm licence for a category A or B longarm.
4. Firearms heirlooms licences
The firearm must be stored in a receptacle--
(a) which is constructed of hard wood or steel that is not
10 easily penetrable; and
(b) which, if it weighs less than 150 kilograms when it is
empty, must be fixed to the frame of the floor or the
wall of the premises where the firearm is kept in such
a manner that it is not easily removable; and
15 (c) which, when any firearm is stored in it, is locked with
a lock of sturdy construction.
5. Firearms ammunition collectors licences
The ammunition must be stored in a receptacle--
(a) which is constructed of hard wood or steel that is not
20 easily penetrable; and
(b) which, if it weighs less than 150 kilograms when it is
empty, must be fixed to the frame of the floor or the
wall of the premises where the firearm is kept in such
a manner that it is not easily removable; and
25 (c) which, when any ammunition is stored in it, is locked
with a lock made of sturdy construction.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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