Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Firearms (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Amendment of section 3--definitions 2
5. Amendment of section 10--reasons for applying for longarm
licence, category A or B 4
6. Amendment of section 11--reasons for applying for a longarm
licence, category C 5
7. Amendment of section 12--reasons for applying for a longarm
licence, category D 6
8. Amendment of section 13--reasons for applying for a longarm
licence, category E 6
9. Amendment of section 15--issue of handgun licences 6
10. Amendment of section 17--discretion of Chief Commissioner to
refuse to issue longarm or handgun licence 7
11. Amendment of section 18--junior licences 7
12. Amendment of section 20--discretion of Chief Commissioner to
refuse a junior licence 7
13. Amendment of section 23--discretion of Chief Commissioner to
refuse a firearms collectors licence 8
14. Amendment of section 27--discretion of Chief Commissioner to
refuse firearms heirlooms licence 8
15. Amendment of section 29--discretion of Chief Commissioner to
refuse firearms ammunition collectors licence 8
16. Amendment of section 42--discretion of Chief Commissioner to
refuse to renew licence etc. 8
17. Amendment of section 53--Surrender of firearms 8
18. Amendment of section 61--discretion of Chief Commissioner to
refuse dealers licence 9
19. Amendment of section 63--application for dealers licence 9
20. Amendment of section 72--renewal of dealers licence 9
21. Amendment of section 73--discretion of Chief Commissioner to
refuse dealers licence 10
i
532045B.I1-20/2/98
Clause Page
22. Insertion of new Division 6 in Part 3 10
Division 6--Permits 10
92A. Permits for theatrical armourers 10
23. Amendment of section 93--dealers' acquisition of firearms 12
24. Amendment of section 104--power to refuse permit to acquire 13
25. Substitution of section 107 13
107. Waiting period for issue of permit 13
26. Amendment of section 115--notice of bringing into the State 14
27. Amendment of section 118--notice of dealer's transactions 14
28. Amendment of section 121--Storage of ammunition for
longarms and handguns 14
29. Amendment of section 122--storage by firearms collectors 15
30. Amendment of section 123--storage of ammunition under
dealers licences 16
31. Insertion of new section to follow section 129 16
129A. Offence for unlicensed person to store in an insecure
manner 17
32. Amendment of section 130--town or populous place 17
33. Amendment of section 137--alteration of documents 17
34. Insertion of new section to follow section 140 18
140A. False or misleading statements in applications 18
35. Amendment of section 141--statements as evidence 18
36. Amendment of section 179--approval of Chief Commissioner 18
37. Amendment of section 185--temporary visitors 19
38. Amendment of section 187--permanent residents, recognition
of licences 20
39. Amendment of section 189--persons who have committed
offences under the Firearms Act 1996 etc. may apply to Court to
be deemed not to be prohibited persons 20
40. Amendment of Schedule 2--special conditions for licences 21
41. Amendment of Schedule 3--exemption from requirement to hold
licence 24
42. Amendment of Schedule 4--storage requirements 26
3A. Firearms collectors licences--section 122(1A) 26
43. Further amendments to the Firearms Act 1996 27
__________________
SCHEDULE--Further amendments to the Firearms Act 1996 28
NOTES 30
ii
532045B.I1-20/2/98
PARLIAMENT OF VICTORIA
Initiated in Assembly 18 February 1998
A BILL
to amend the Firearms Act 1996 and for other purposes.
Firearms (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Firearms
Act 1996.
2. Commencement
5 (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
10 day or days to be proclaimed.
1
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 3
Act No.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 February 1999, it
comes into operation on that day.
No 66/1996. 3. Principal Act
Reprint No 1
5 In this Act the Firearms Act 1996 is called the
as at
2 December
Principal Act.
1997.
4. Amendment of section 3--definitions
In section 3(1) of the Principal Act--
(a) in the definition of "acquire" omit ", offer to
10 buy";
(b) in the definition of "category B longarm",
after paragraph (c) insert--
"(d) a black powder, ball firing cannon;";
(c) in the definition of "category E longarm"--
15 (i) in paragraph (d) omit "cannon,";
(ii) after paragraph (d) insert--
"(da) a cannon which is not a black
powder ball firing cannon;";
(d) in the definition of "firearm", for paragraph
20 (g) substitute--
"(g) a device which was manufactured
before 1900 and which is either of the
following--
(i) a device which does not take
25 cartridge ammunition;
(ii) a device which does take cartridge
ammunition but for which
cartridge ammunition is not
commercially available; or";
30 (e) the definition of "fixed ammunition" is
repealed;
2
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 4
Act No.
(f) in paragraph (d) of the definition of
"prohibited person"--
(i) for "in relation to a person" substitute
"a person, in relation to whom";
5 (ii) after "a court" insert ",whether in
Victoria or in another State or a
Territory,";
(iii) after sub-paragraph (iii) for "; or"
substitute--
10 "--
and who is not, by virtue of the
operation of any other paragraph of this
definition, a prohibited person; or"
(g) insert the following definitions--
15 ' "cartridge ammunition" means
ammunition having a bullet or other
projectile and a priming device fixed to
or enclosed in a cartridge case which is
composed wholly or partly of material
20 other than paper;
"inter-State licence" means a licence
(however described) to possess, carry
or use a firearm issued in a prescribed
State or a prescribed Territory which
25 corresponds with a licence issued under
Part 2;
"pest animal" has the same meaning as in
the Catchment and Land Protection
Act 1994;'.
3
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 5
Act No.
5. Amendment of section 10--reasons for applying for
longarm licence, category A or B
(1) In section 10(1)(e) of the Principal Act, for
"official or commercial" substitute "official,
5 commercial or prescribed".
(2) In section 10(2) of the Principal Act--
(a) after sub-paragraph (b)(iv) insert--
"; or
(v) produce written permission to hunt pest
10 animals on Crown land, from the
Secretary to the Department of Natural
Resources and Environment or from
any person nominated by the Secretary
to give that permission;";
15 (b) for paragraph (e) substitute--
"(e) for a purpose specified in sub-section
(1)(e), the applicant must produce
evidence that the licence is required for
that purpose.".
20 (3) After section 10(3) of the Principal Act insert--
"(4) A non-prohibited person who has made an
application to the Chief Commissioner for an
approval under sub-section (3) may apply to
the Committee for a review of a decision of
25 the Chief Commissioner not to grant the
approval or for a review of a failure of the
Chief Commissioner to make the decision
within a reasonable time.
(5) The Chief Commissioner may--
30 (a) impose conditions on any approval
under sub-section (3); and
(b) after notifying the holder of the
approval, alter any such condition.".
4
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 6
Act No.
6. Amendment of section 11--reasons for applying for a
longarm licence, category C
(1) In section 11(1)(a)(iv) of the Principal Act, for
"official or commercial" substitute "official,
5 commercial or prescribed".
(2) In section 11(2) of the Principal Act--
(a) in paragraph (c)(iii)(B), after "Australian
Clay Target Association" insert "or the
Victorian Field and Game Association
10 Incorporated or the Field and Game
Federation of Australia Incorporated";
(b) for paragraph (d) substitute--
"(d) for a purpose specified in sub-section
(1)(a)(iv), the applicant must produce
15 evidence that the licence is required for
that purpose;".
(3) After section 11(3) of the Principal Act insert--
"(4) A non-prohibited person who has made an
application to the Chief Commissioner for an
20 approval under sub-section (3) may apply to
the Committee for a review of a decision of
the Chief Commissioner not to grant the
approval or for a review of a failure of the
Chief Commissioner to make the decision
25 within a reasonable time.
(5) The Chief Commissioner may--
(a) impose conditions on any approval
under sub-section (3); and
(b) after notifying the holder of the
30 approval, alter any such condition.".
5
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 7
Act No.
7. Amendment of section 12--reasons for applying for a
longarm licence, category D
In section 12 of the Principal Act--
(a) in sub-section (1)(a)(ii), for "official or
5 commercial" substitute "official,
commercial or prescribed";
(b) in sub-section (2), for paragraph (b)
substitute--
"(b) for a purpose specified in sub-section
10 (1)(a)(ii), the applicant must produce
evidence that the licence is required for
that purpose.".
8. Amendment of section 13--reasons for applying for a
longarm licence, category E
15 (1) In section 13(1)(a) of the Principal Act, for
"official or commercial" substitute "official,
commercial or prescribed".
(2) In section 13 of the Principal Act, for sub-section
(2) substitute--
20 "(2) For the purposes of demonstrating that the
licence is required for a purpose specified in
sub-section (1)(a), the applicant must
produce evidence that the licence is required
for that purpose.".
25 9. Amendment of section 15--issue of handgun licences
(1) In section 15 of the Principal Act--
(a) in sub-section (1)(c), for "official or
commercial" substitute "official,
commercial or prescribed";
30 (b) in sub-section (2), for paragraph (c)
substitute--
"(c) for a purpose specified in sub-section
(1)(c), the applicant must produce
6
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 10
12
Act No.
evidence that the licence is required for
that purpose.".
(2) After section 15(3) of the Principal Act insert--
"(4) A non-prohibited person who has made an
5 application to the Chief Commissioner for an
approval under sub-section (3) may apply to
the Committee for a review of a decision of
the Chief Commissioner not to grant the
approval or for a review of a failure of the
10 Chief Commissioner to make the decision
within a reasonable time.
(5) The Chief Commissioner may--
(a) impose conditions on any approval
under sub-section (3); and
15 (b) after notifying the holder of the
approval, alter any such condition.".
10. Amendment of section 17--discretion of Chief
Commissioner to refuse to issue longarm or handgun
licence
20 In section 17(1) of the Principal Act--
(a) omit "(1)";
(b) in paragraph (c)(v) for "is in the public
interest" substitute "is not against the public
interest".
25 11. Amendment of section 18--junior licences
In section 18(1) of the Principal Act, for "category
A, B or C longarms" substitute "category A or B
longarms, category C longarms (being shotguns)".
12. Amendment of section 20--discretion of Chief
30 Commissioner to refuse a junior licence
7
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 17
Act No.
In section 20(b)(iv) of the Principal Act, for "is in
the public interest" substitute "is not against the
public interest".
13. Amendment of section 23--discretion of Chief
5 Commissioner to refuse a firearms collectors licence
In section 23(1) of the Principal Act--
(a) omit "(1)";
(b) in paragraph (c)(iv) for "is in the public
interest" substitute "is not against the public
10 interest".
14. Amendment of section 27--discretion of Chief
Commissioner to refuse firearms heirlooms licence
In section 27(b)(iv) of the Principal Act, for "is in
the public interest" substitute "is not against the
15 public interest".
15. Amendment of section 29--discretion of Chief
Commissioner to refuse firearms ammunition
collectors licence
In section 29(c)(iv) of the Principal Act, for "is in
20 the public interest" substitute "is not against the
public interest".
16. Amendment of section 42--discretion of Chief
Commissioner to refuse to renew licence etc.
In section 42(2)(c)(iii) of the Principal Act, for "is
25 in the public interest" substitute "is not against
the public interest".
17. Amendment of section 53--Surrender of firearms
8
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 20
Act No.
(1) After section 53(4)(b)(ii) of the Principal Act
insert--
"(iii) if an application for a declaration has been
made under section 189(1A) within 56 days
5 of the making of the decision, within 28 days
of the making of a decision not to make that
declaration; or".
(2) After section 53(5) of the Principal Act insert--
"(6) If a person makes an application for a
10 declaration under section 189(1A) within 56
days of the commencement of section 39 of
the Firearms (Amendment) Act 1998, for
the purposes of sub-section (4)(b)(iii), that
person is deemed to have made that
15 application within 56 days of the making of
the decision.".
18. Amendment of section 61--discretion of Chief
Commissioner to refuse dealers licence
In section 61(c)(iii) of the Principal Act, for "is in
20 the public interest" substitute "is not against the
public interest".
19. Amendment of section 63--application for dealers
licence
After section 63(3) of the Principal Act insert--
25 '(4) Sub-section (3) does not apply to a person
who applies for a licence and who is in
partnership with another person who has
paid the fee prescribed for a licence to carry
on the business which is carried on by the
30 partnership.
(5) In sub-section (4) "partnership" has the
same meaning as in section 5 of the
Partnership Act 1958.'.
20. Amendment of section 72--renewal of dealers licence
9
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Act No.
After section 72(5) of the Principal Act insert--
'(5A) Sub-section (5) does not apply to a person
who applies for a renewal and who is in
partnership with another person who has
5 paid the fee prescribed for the renewal of a
licence to carry on the business which is
carried on by the partnership.
(5B) In sub-section (5A) "partnership" has the
same meaning as in section 5 of the
10 Partnership Act 1958.'.
21. Amendment of section 73--discretion of Chief
Commissioner to refuse dealers licence
In section 73(b)(iii) of the Principal Act, for "is in
the public interest" substitute "is not against the
15 public interest".
22. Insertion of new Division 6 in Part 3
After Division 5 of Part 3 of the Principal Act
insert--
"Division 6--Permits
20 92A. Permits for theatrical armourers
(1) If a licensed firearms dealer hires or lends
firearms kept under the licence for carriage
or use outside the licensed premises in the
production of any film, in any television or
25 theatrical production or in an historical re-
enactment, the holder of the licence does not
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
30 so.
(2) The Chief Commissioner may grant a permit
under sub-section (1), if the Chief
Commissioner is satisfied that the
10
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 22
Act No.
arrangements made for the supervision and
safe handling of the firearms while being
carried or used outside the licensed premises
are adequate.
5 (3) A permit authorises the storage, carriage and
use of the firearms outside the licensed
premises, for the period specified in the
permit.
(4) A permit is subject to the following
10 conditions--
(a) at any time when the firearm is being
carried or used by a person who is not
the licensed firearms dealer or an
employee of the dealer--
15 (i) that person must be directly
supervised by the dealer or an
employee of the dealer; or
(ii) in the case of an imitation
handgun or a firearm which has
20 been rendered permanently
inoperable, the Chief
Commissioner has been notified,
before the carriage or use of the
firearm, that the firearm is to be
25 carried or used without the direct
supervision of the dealer or an
employee of the dealer;
(b) any firearm being carried or used under
the permit must be carried or used
30 without ammunition or with only blank
or dummy ammunition;
(c) a person who is not the licensed
firearms dealer or an employee of the
dealer must not carry or use any firearm
11
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 23
Act No.
unless that person is, at the time, taking
part in the production or re-enactment.
(5) The Chief Commissioner may impose any
other conditions on a permit that he or she
5 thinks fit.
(6) An application for a permit must be made in
the manner and form approved by the Chief
Commissioner.
(7) The applicant must pay the fee prescribed for
10 a permit.
(8) The holder of a permit under this section
must comply with the permit.
Penalty: 60 penalty units or 12 months
imprisonment.".
15 23. Amendment of section 93--dealers' acquisition of
firearms
After section 93(4)(e) of the Principal Act
insert--
"(f) in the case of a category A or B longarm, a
20 person who is the holder of an inter-State
licence which authorises the possession,
carriage or use of the longarm being
disposed of and who is also the holder of an
inter-State permit to acquire a category A or
25 B longarm where--
(i) the permit to acquire has been issued
not more than 28 days before the
disposal of the firearm; and
(ii) in order to dispose of the firearm, the
30 person personally attends at the
premises where the dealer to whom the
firearm is being disposed of carries on
business;
12
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 24
Act No.
(g) in the case of a category C longarm or a
handgun, a person who is the holder of an
inter-State licence which authorises the
possession, carriage or use of the longarm or
5 handgun being disposed of and who is also
the holder of an inter-State permit to acquire
a category C longarm or a handgun where--
(i) the permit to acquire has been issued
not more than 28 days before the
10 disposal of the firearm; and
(ii) in order to dispose of the firearm, the
person personally attends at the
premises where the dealer to whom the
firearm is being disposed of carries on
15 business.".
24. Amendment of section 104--power to refuse permit to
acquire
In section 104(1) of the Principal Act--
(a) in paragraph (b)(iii), for "is in the public
20 interest" substitute "is not against the public
interest";
(b) in paragraph (d)(iii)(B), after "for a semi-
automatic shotgun or a pump action shotgun"
insert "and the applicant holds the relevant
25 licence for a reason set out in section
11(1)(a)(i), (ii) or (iv),".
25. Substitution of section 107
For section 107 of the Principal Act substitute--
"107. Waiting period for issue of permit
30 (1) In the case of an application for a permit to
acquire which has been made by a person
who does not possess a registered firearm
under a licence under this Act, the Chief
Commissioner must not issue the permit
13
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 26
Act No.
until 28 days have expired after the making
of the application for the permit.
(2) In any other case the Chief Commissioner
must not issue the permit until sufficient
5 time has expired to allow the Chief
Commissioner to consider the application
properly.".
26. Amendment of section 115--notice of bringing into
the State
10 After section 115(2) of the Principal Act insert--
"(3) This section does not apply a person who
brings a firearm into the State for the
purpose of disposing of that firearm in the
State where that person is--
15 (a) the holder of an inter-State licence
which authorises the possession,
carriage or use of that firearm; and
(b) the holder of an inter-State permit to
acquire a firearm, being a permit in
20 respect of which not more than 28 days
have expired since its issue.".
27. Amendment of section 118--notice of dealer's
transactions
In section 118 of the Principal Act, for "7"
25 substitute "28".
28. Amendment of section 121--Storage of ammunition
for longarms and handguns
(1) After section 121(1) of the Principal Act insert--
"(1A) A person who possesses cartridge
30 ammunition under a longarm licence for a
category A or B longarm must store that
cartridge ammunition, when the cartridge
ammunition is not being carried or used--
14
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 28
29
Act No.
(a) in the manner provided for in item 1 of
Schedule 4; or
(b) in any other manner which the Chief
Commissioner is satisfied is as secure
5 as the manner provided for in that item.
Penalty: 60 penalty units or 12 months
imprisonment.".
(2) After section 121(2) of the Principal Act insert--
"(2A) A person who possesses cartridge
10 ammunition under a handgun licence or a
longarm licence for a category C or D
longarm must store that cartridge
ammunition, when the cartridge ammunition
is not being carried or used--
15 (a) in the manner provided for in item 2 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.
20 Penalty: 120 penalty units or 2 years
imprisonment.".
(3) After section 121(3) of the Principal Act insert--
"(3A) A person who possesses cartridge
ammunition under a longarm licence for a
25 category E longarm must store that cartridge
ammunition, when the cartridge ammunition
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.".
29. Amendment of section 122--storage by firearms
collectors
15
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 31
Act No.
(1) In section 122(1) of the Principal Act, after "A
person" insert "(who is not a person to whom sub-
section (1A) applies)".
(2) After section 122(1) of the Principal Act insert--
5 "(1A) If--
(a) a person possesses not more than 15
category A or B longarms under a
firearms collectors licence; and
(b) that person does not possess any other
10 firearms under that licence; and
(c) the longarms are stored on a premises
where no other firearms are stored--
the person must store each firearm held
under that licence, when the firearm is not
15 being carried--
(d) in the manner provided for in item 3A
of Schedule 4; or
(e) in any other manner which the Chief
Commissioner is satisfied is as secure
20 as the manner provided for in that item.
Penalty: 120 penalty units or 2 years
imprisonment.".
30. Amendment of section 123--storage of ammunition
under dealers licences
25 After section 123(3) of the Principal Act insert--
"(4) A person who possesses ammunition under a
dealers licence must store that ammunition in
the manner fixed in the licence.
Penalty: 120 penalty units or 2 years
30 imprisonment.".
31. Insertion of new section to follow section 129
After section 129 of the Principal Act insert--
16
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 33
Act No.
"129A. Offence for unlicensed person to store in an
insecure manner
A person who possesses a firearm and who
does not have a licence under this Act
5 authorising the possession of that firearm
must not store that firearm or any cartridge
ammunition in his or her possession in an
insecure manner.
Penalty: 240 penalty units or 4 years
10 imprisonment.".
32. Amendment of section 130--town or populous place
After section 130(2) of the Principal Act insert--
"(3) Sub-section (1) does not apply to a person
who carries or uses a firearm with the written
15 permission of the Chief Commissioner.
(4) The Chief Commissioner must not give
permission under sub-section (3) unless the
Chief Commissioner is satisfied that--
(a) the carriage or use of the firearm is
20 consistent with the reason for which the
licence was issued; or
(b) there is a significant public benefit to
be obtained from the carriage or use of
the firearm; or
25 (c) the carriage or use of the firearm is for
the purposes of public safety.
(5) The Chief Commissioner may impose
conditions on a permit under sub-section (3).
(6) A permit under sub-section (3) continues in
30 force for the period specified in the permit.".
33. Amendment of section 137--alteration of documents
At the end of section 137 of the Principal Act
insert--
17
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Act No.
"(2) Sub-section (1) does not apply to the Chief
Commissioner or any person acting on
behalf of the Chief Commissioner.".
34. Insertion of new section to follow section 140
5 After section 140 of the Principal Act insert--
"140A. False or misleading statements in
applications
A person must not knowingly make a
statement in an application under this Act
10 which is false or misleading in any material
particular.
Penalty: 60 penalty units or 12 months
imprisonment.".
35. Amendment of section 141--statements as evidence
15 In section 141 of the Principal Act, after "the
Chief Commissioner" insert "or a person
employed in the office of the Chief Commissioner
in the administration of this Act".
36. Amendment of section 179--approval of Chief
20 Commissioner
In section 179 of the Principal Act, for sub-section
(2) substitute--
"(2) A non-prohibited person who has made an
application to the Chief Commissioner for an
25 approval under sub-section (1) may apply to
the Committee for a review of a decision of
the Chief Commissioner not to grant the
approval or for a review of a failure of the
Chief Commissioner to make the decision
30 within a reasonable time.
(3) The Chief Commissioner may--
(a) impose conditions on any approval
under sub-section (1); and
18
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 37
Act No.
(b) may, after notifying the holder of the
approval, alter any such condition.".
37. Amendment of section 185--temporary visitors
After section 185(2) of the Principal Act insert--
5 "(2A) A person who--
(a) is the holder of a licence in another
State or a Territory which authorises
the possession, carriage or use of a
category A or B longarm for the
10 purposes of primary production; and
(b) ordinarily resides in the other State or
Territory--
is deemed to be the holder of a
corresponding licence under this Act for the
15 purposes of possessing, carrying or using the
firearms possessed under the licence on land
used for primary production if--
(c) the person has first obtained the
permission of the owner or occupier of
20 the land to possess, carry or use the
firearm on the land; and
(d) the person is acting in the manner
authorised by the licence and in
accordance with any conditions of the
25 licence.
(2B) A person who--
(a) is the holder of a licence in another
State or a Territory which authorises
the possession, carriage or use of a
30 category C longarm for the purposes of
primary production; and
(b) ordinarily resides in the other State or
Territory--
19
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 38
Act No.
is deemed to be the holder of a
corresponding licence under this Act for the
purposes of the suppression of pest animals
on land on which primary production is
5 carried out if that activity is conducted in
accordance with the regulations.".
38. Amendment of section 187--permanent residents,
recognition of licences
In section 187(2) of the Principal Act--
10 (a) in paragraph (d), for "possess or carry"
substitute "possess, carry or use";
(b) at the end of paragraph (d) insert--
"--
and, in the case of a person who, within the
15 period of 7 days, applies to the Chief
Commissioner for a licence under Part 2 to
possess, carry or use any such firearm, is
authorised to possess any such firearm until
the outcome of the application is
20 determined.".
39. Amendment of section 189--persons who have
committed offences under the Firearms Act 1996 etc.
may apply to Court to be deemed not to be prohibited
persons
25 (1) After section 189(1) of the Principal Act insert--
"(1A) A person to whom paragraph (d) of the
definition of prohibited person applies may
apply to the Court for a declaration that the
person--
30 (a) is deemed not to be a prohibited person;
or
(b) is so deemed for limited purposes
only.".
20
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 39
40
Act No.
(2) In section 189(2A)(c) of the Principal Act, before
"the person" insert "in the case of an application
under sub-section (1),".
(3) In section 189(2B)(b) of the Principal Act, before
5 "person" insert "in the case of an application
under sub-section (1),".
(4) In section 189 of the Principal Act, for sub-section
(3) substitute--
'(3) In this section, "Court" means--
10 (a) in the case of a person who was made
the subject of an order referred to in
sub-section (1)--
(i) in Victoria, the court which made
the order; or
15 (ii) in another State or a Territory, the
Supreme Court; and
(b) in the case of a person to whom sub-
section (1A) applies--
(i) if a Victorian court found the
20 person guilty, that court; or
(ii) if a court in another State or a
Territory found the person guilty,
the Supreme Court.'.
40. Amendment of Schedule 2--special conditions for
25 licences
In Schedule 2 to the Principal Act--
(a) at the end of item 1(2) insert--
21
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Act No.
"This authorisation does not apply to the
holder of a licence who has obtained that
licence for the purposes of sport or target
shooting if that person is using a black
5 powder ball firing cannon.";
(b) at the end of item 1(4) insert--
"This authorisation does not apply to the
holder of a licence who has obtained that
licence for the purposes of sport or target
10 shooting if that person is using a black
powder ball firing cannon.";
(c) after item 1(5), insert--
"(5A) If one of the reasons for the licence is
sport or target shooting, the holder must
15 not engage in sport or target shooting
except--
(a) at an approved shooting range or
an approved location of a paintball
activity; or
20 (b) on land owned by the holder,
where the activity is being carried
out in accordance with the
regulations; or
(c) on land not owned by the holder,
25 where the owner of the land has
given permission for the carrying
out of the activity and where the
activity is being conducted in
accordance with the regulations.";
30 (d) at the end of item 1 insert--
"(7) If the holder of the licence has
obtained the licence for the reason of
primary production, the holder is
authorised to carry or use a longarm,
35 the carriage or use of which is
22
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 40
Act No.
authorised by the licence, on the land of
another primary producer, with the
permission of the owner of the land.";
(e) in item 2(2) for paragraph (c) substitute--
5 "(c) the holder must not use a firearm held
under the licence for the purpose of
engaging in clay target shooting
except--
(i) at an approved shooting range; or
10 (ii) on land owned by the holder,
where the activity is being carried
out in accordance with the
regulations; or
(iii) on land not owned by the holder,
15 where the owner of the land has
given permission for the carrying
out of the activity and where the
activity is being conducted in
accordance with the regulations.";
20 (f) in item 3(2), in paragraph (a) after
"nominated person" insert "or an officer of
the club who is the holder of a handgun
licence";
(g) after item 4(2) insert--
25 "(2A) If the holder of the licence is authorised
to carry or use a longarm under the
licence, the holder must not carry or
use the longarm for the purpose of
receiving instruction in the use of the
30 longarm for sport or target shooting
except--
(a) at an approved shooting range; or
(b) on land owned by the holder
where the activity is being carried
23
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 41
Act No.
out in accordance with the
regulations; or
(c) on land not owned by the holder,
where the owner of the land has
5 given permission for the carrying
out of the activity and where the
activity is being conducted in
accordance with the regulations.";
(h) in item 7(4)--
10 (i) in paragraph (a), omit "through the
agency of a licensed firearms dealer";
(ii) at the end of paragraph (b) insert--
"; or
(c) through the agency of a licensed
15 firearms dealer.".
41. Amendment of Schedule 3--exemption from
requirement to hold licence
In Schedule 3 to the Principal Act--
(a) for Column 2 of item 4 substitute--
20 "When carrying or using a hand gun at an
approved shooting range.";
(b) after item 5 insert--
"
Any person who is of or When
5A.
over the age of 12 years and carrying or
under the age of 18 years, using a
24
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Act No.
who is receiving instruction handgun at an
in the use of a handgun by approved
or under the immediate shooting
supervision of the holder of range.
a handgun licence and who
has the written consent of
their parent or guardian to
do so.
Any person who is of or When
5B.
over the age of 12 years and carrying or
under the age of 18 years, using a
who is receiving instruction longarm at an
in the use of a category A or approved
category B longarm by or shooting
under the immediate range.
supervision of the holder of
a category A or category B
longarm licence and who
has the written consent of
their parent or guardian to
do so.
";
(c) for Column 2 of item 10 substitute--
"When carrying or using a firearm which is
incapable of firing cartridge ammunition or
which has been rendered permanently
5 inoperable, or when carrying or using an
operable firearm under the supervision of a
licensed firearms dealer or his or her
employee.";
(d) for Column 1 of item 11 substitute--
10 "Any person.";
(e) after item 12 insert--
"
Any person who is the holder When
13.
of an inter-State licence to possessing or
possess, carry or use a carrying a
25
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 42
Act No.
firearm, and who is the holder firearm the
of an inter-State permit to possession or
acquire a firearm of the carriage of
category the possession, which is
carriage or use of which is authorised by
authorised by the licence, the licence for
being a permit in respect of the purposes
which not more than 28 days of disposing
have expired since its issue. of the firearm.
"
42. Amendment of Schedule 4--storage requirements
In Schedule 4 to the Principal Act--
(a) in item 2(1)(b), for "500" substitute "150";
(b) after item 3 insert--
5 "3A. Firearms collectors licences--section
122(1A)
The firearm must be stored in a
receptacle--
(a) which is constructed of hard wood
10 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
15 or the wall of the premises where
the firearm is kept in such a
manner that it is not easily
removable; and
(c) which when any firearm is stored
20 in it is locked with a lock of
sturdy construction.";
(c) in item 4--
(i) before "The firearm" insert "(1)"; and
(ii) at the end of the item insert--
26
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
s. 43
Act No.
"(2) Despite paragraph (1) of this
item, the firearm may be
displayed by being fixed to the
wall of a room in a manner that
5 makes it unable to be readily
removed.".
43. Further amendments to the Firearms Act 1996
The Principal Act is amended as set out in the
Schedule.
10 __________________
27
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Sch.
Act No.
SCHEDULE
FURTHER AMENDMENTS TO THE FIREARMS ACT 1996
1. In section 8, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
5 2. In section 28(1), for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
3. In section 53, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
4. In section 56--
10 (a) in sub-section (1), for "firearms or ammunition" substitute
"firearms or cartridge ammunition";
(b) in sub-sections (2), (3), (4) and (5), for "ammunition" (wherever
occurring) substitute "cartridge ammunition".
5. In section 59(3), for "ammunition" (wherever occurring) substitute
15 "cartridge ammunition".
6. In section 83, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
7. In section 122(4), for "ammunition" (where first occurring) substitute
"cartridge ammunition".
20 8. In section 124--
(a) in sub-section (1), for "ammunition" substitute "cartridge
ammunition";
(b) in sub-section (2), for "possess ammunition" substitute "possess
cartridge ammunition";
25 (c) in sub-section (3), for "ammunition" substitute "cartridge
ammunition".
9. In section 125, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
10. In section 126(4), for "ammunition" (wherever occurring) substitute
30 "cartridge ammunition".
11. In section 149, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
12. In section 151(1), for "ammunition" substitute "cartridge ammunition".
28
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Sch.
Act No.
13. In section 153, for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
14. In section 153A--
(a) for "ammunition" (wherever occurring) substitute "cartridge
5 ammunition";
(b) in sub-section (1)(b), for "Fisheries Act 1996" substitute
"Fisheries Act 1995";
(c) in sub-section (2)(d), for "Fisheries Act 1996" substitute
"Fisheries Act 1995";
10 15. In section 191(1)(a), for "ammunition" (wherever occurring) substitute
"cartridge ammunition".
16. In Schedule 2--
(a) in item 4(3), for "ammunition" substitute "cartridge ammunition";
(b) in item 6(7), for "ammunition" substitute "cartridge ammunition".
15 17. In Schedule 4--
(a) in item 1(3), for "ammunition" substitute "cartridge ammunition";
(b) in item 2(3), for "ammunition" substitute "cartridge ammunition".
29
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
30
532045B.I1-20/2/98
Firearms (Amendment) Act 1998
Act No.
31
532045B.I1-20/2/98
[Index] [Search] [Download] [Related Items] [Help]