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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Firearms (Trafficking) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE FIREARMS ACT 1996 3
3. Definitions 3
4. Increase in penalty for possession, carriage or use of firearm by
prohibited person 6
5. Possession, carriage or use of longarms 7
6. Insertion of new section 6A 8
6A. Offence to possess, carry or use an unregistered longarm 8
7. Substitution of section 7 9
7. Offence for non-prohibited person to possess, carry or
use a handgun without a licence 9
8. Insertion of new sections 7A and 7B 10
7A. Offence to possess, carry or use an unregistered
handgun 10
7B. Possession of a traffickable quantity of unregistered
firearms 10
9. Issue of general category handgun licences 11
10. Conditions applying to general category handgun licences 11
11. Insertion of new sections 16A and 16B 11
16A. Issue of handgun licences for category E handguns 11
16B. Conditions applying to handgun licences for category E
handguns 12
12. Junior licences to authorise general category handguns only 12
13. Alteration of reference to handguns in section 20 12
14. Category of handgun that may be removed from collectors
register 13
15. Requirement to comply with licence conditions for general
category and category E handgun licences 13
16. Disposal of general category and category E handguns where
licence not renewed 13
17. Permits for collectors to carry or use handguns 13
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Clause Page
18. Discretion of Chief Commissioner to refuse to issue dealers
licence 13
19. Application by natural person for dealers licence 14
20. Application by body corporate for a dealers licence 14
21. Application for renewal of a dealers licence 15
22. Discretion of Chief Commissioner to refuse to renew dealers
licence 15
23. Insertion of new sections 75A and 75B 16
75A. Requirement to notify Chief Commissioner of close
associates 16
75B. Offence to employ prohibited persons in management of
business 17
24. Power to cancel dealers licence 17
25. Acquisition of handguns by dealers 17
26. Disposal of handguns by dealers 17
27. Penalties for unauthorised acquisition of firearms 18
28. Penalties for unauthorised disposal of firearms 19
29. Acquisition of handguns from outside the State 20
30. Disposal of handguns to a place outside the State 20
31. Insertion of new sections 101A and 101B 21
101A. Prohibition on the acquisition or disposal of traffickable
quantities of firearms 21
101B. Prohibition on providing financial accommodation for
the illegal acquisition or disposal of firearms 21
32. Acquisition of handguns without a permit 23
33. Discretion of Chief Commissioner to refuse permit to acquire for
handguns 24
34. Insertion of new section 119A 24
119A. Power of Chief Commissioner to require firearm to have
a serial number 24
35. Storage of handguns 25
36. Storage of firearms under collectors licences 25
37. Storage of handguns under a dealers licence 26
38. Insertion of new section 123A 26
123A. Conspiring to commit and aiding the commission of an
offence outside Victoria 26
39. Safekeeping of handguns while being carried or used 27
40. Use of handgun by person other than possessor 27
41. Increase of penalty 27
42. Insertion of new sections 134A, 134B and 134C 28
134A. Requirement to obtain consent of Chief Commissioner to
certain alterations of firearms 28
134B. Requirement to notify Chief Commissioner of certain
alterations to firearms 28
134C. Offence to possess a firearm that has been altered in a
particular way 28
43. Offence to own firearm without a licence to possess 29
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Clause Page
44. False or misleading information 29
45. Interstate handgun licence holders 29
46. Indictable offences 30
47. Regulation making powers 30
48. Insertion of new sections 200A and 200B 30
200A. Transitional provision--Firearms (Trafficking) Act
2002 30
200B. Transitional provision--Firearms (Trafficking) Act
2002--handgun licences 31
49. Special conditions for handgun licences 31
50. Persons exempt from the requirement to hold a handgun licence
for general category handguns 31
51. Storage requirements for general category handguns 32
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989 33
52. Amendments to Schedule 4 to the Magistrates' Court Act 1989 33
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Initiated in Assembly 30 October 2002
A BILL
to amend the Firearms Act 1996, the Magistrates' Court Act 1989
and for other purposes.
Firearms (Trafficking) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Firearms Act 1996 to--
5 (i) create new offences;
(ii) increase penalties for existing offences;
(iii) make further provision relating to
associates of licence holders;
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Act No.
PART 1--PRELIMINARY
s. 2
(iv) impose further restrictions on the
possession of certain handguns and
unregistered firearms;
(v) impose further restrictions on the
5 acquisition and disposal of unregistered
firearms;
(b) to make other minor amendments to the
Firearms Act 1996;
(c) to make consequential amendments to the
10 Magistrates' Court Act 1989.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
15 operation before 1 July 2003, it comes into
operation on that day.
__________________
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Firearms (Trafficking) Act 2002
Act No.
part 2--amendments to the firearms Act 1996
s. 3
PART 2--AMENDMENTS TO THE FIREARMS ACT 1996
3. Definitions
See: (1) In section 3(1) of the Firearms Act 1996--
Act No.
66/1996.
(a) for the definition of "acquire" substitute--
Reprint No. 2
as at
5 ' "acquire", in relation to any thing,
8 April 1999
includes buying or coming into
and
amending
possession of the thing (whether the
Act Nos
thing is in Victoria or elsewhere) but
30/1999,
41/2000,
does not include borrowing the thing;';
44/2001 and
72/2001.
10 (b) for the definition of "dispose of"
LawToday:
www.dms. substitute--
dpc.vic.
gov.au
' "dispose of ", in relation to any thing,
includes--
(a) selling the thing;
15 (b) offering to sell the thing;
(c) having the thing in possession for
the purposes of sale, barter or
exchange--
(whether or not the thing is to remain in
20 Victoria) but does not include lending
the thing;';
(c) insert the following definitions--
' "category E handgun" means any of the
following--
25 (a) a machine gun that is a handgun;
(b) any handgun prescribed for the
purposes of this category;
"close associate", in relation to the holder of
a dealers licence, means a person--
30 (a) who is able to exercise a
significant influence over or with
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respect to the conduct of the
business conducted under the
dealers licence because that
person--
5 (i) holds an interest in the
capital or assets of that
business or is entitled to
receive any income derived
from that business (whether
10 the entitlement arises at law
or in equity or otherwise); or
(ii) holds any power (whether
exercisable by voting or
otherwise and whether
15 exercisable alone or in
association with others) to
participate in any managerial
or executive decision in that
business or to appoint any
20 person to a position of
management in that business
(whether in the capacity of
director, manager or
secretary or in any other
25 capacity); or
(b) who participates in the
management of the business
conducted under the licence
(whether in the capacity of
30 director, manager or secretary or
in any other capacity)--
and, in relation to an applicant for a
dealers licence, means any person who
would, if a licence were issued to the
35 applicant, be a person to whom
paragraph (a) or (b) would apply;
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"general category handgun" means a
handgun that is not a category E
handgun;
"known information" in relation to a close
5 associate, means any records about the
close associate kept by or on behalf of
the Chief Commissioner or any records
about the close associate kept by or on
behalf of any person holding a position
10 equivalent to that of the Chief
Commissioner in the Commonwealth or
in any other State or Territory of the
Commonwealth or in any other
country;
15 "registered" in relation to a firearm,
means a firearm that is registered under
Part 5;';
(d) in the definition of "prohibited person", after
paragraph (b) insert--
20 "(ba) a person--
(i) who is serving a term of
imprisonment for an offence under
section 321 or 321A of the
Crimes Act 1958; or
25 (ii) in relation to whom, not more than
10 years have expired since the
person finished serving a term of
imprisonment for an offence
specified in sub-paragraph (i); or
30 (bb) a person--
(i) who is serving a term of
imprisonment in another State or a
Territory of the Commonwealth
for an offence of a corresponding
35 nature to an offence specified in
paragraph (ba)(i); or
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(ii) in relation to whom, not more than
10 years have expired since the
person finished serving a term of
imprisonment in another State or a
5 Territory of the Commonwealth
for an offence specified in
paragraph (ba)(i); or";
(e) in paragraph (a) of the definition of
"category E longarm", after "machine gun"
10 insert "that is a longarm";
(f) in the definition of "handgun licence", after
"section 15" insert "or section 16A".
(2) In section 3 of the Firearms Act 1996, after sub-
section (2) insert--
15 "(3) For the purposes of this Act, in determining
whether a particular offence is a first
offence, any other offence in respect of
which a conviction was recorded or a finding
of guilt was made 10 years or more before
20 the commission of the particular offence, is
to be disregarded.".
4. Increase in penalty for possession, carriage or use of
firearm by prohibited person
(1) In section 5(1) of the Firearms Act 1996--
25 (a) after "use a" insert "registered";
(b) for "600 penalty units or 7 years
imprisonment" substitute "1200 penalty
units or 10 years imprisonment".
(2) In section 5 of the Firearms Act 1996, after sub-
30 section (1) insert--
"(1A) A prohibited person must not possess, carry
or use a firearm that is not registered.
Penalty: 1800 penalty units or 15 years
imprisonment.".
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(3) In section 5(2) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
substitute "480 penalty units or 8 years
imprisonment".
5 5. Possession, carriage or use of longarms
(1) In section 6(1) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
(b) for "60 penalty units or 12 months
10 imprisonment" substitute "120 penalty units
or 2 years imprisonment".
(2) In section 6(2) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
15 (b) for "60 penalty units or 12 months
imprisonment" substitute "120 penalty units
or 2 years imprisonment".
(3) In section 6(3) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
20 substitute "that is registered unless";
(b) for "120 penalty units or 2 years
imprisonment" substitute "240 penalty units
or 4 years imprisonment".
(4) In section 6(4) of the Firearms Act 1996--
25 (a) for "unless the longarm is registered and"
substitute "that is registered unless";
(b) for "120 penalty units or 2 years
imprisonment" substitute "240 penalty units
or 4 years imprisonment".
30 (5) In section 6(5) of the Firearms Act 1996--
(a) for "unless the longarm is registered and"
substitute "that is registered unless";
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(b) for "240 penalty units or 4 years
imprisonment" substitute "600 penalty units
or 7 years imprisonment".
(6) In section 6 of the Firearms Act 1996, for sub-
5 section (6) substitute--
"(6) A non-prohibited person must not possess,
carry or use a longarm that is not a category
A, B, C, D or E longarm.
Penalty: 240 penalty units or 4 years
10 imprisonment.".
6. Insertion of new section 6A
After section 6 of the Firearms Act 1996
insert--
"6A. Offence to possess, carry or use an
15 unregistered longarm
(1) A person must not possess, carry or use a
category A or category B longarm that is not
registered.
Penalty: For a first offence, 120 penalty
20 units or 2 years imprisonment.
For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
(2) A person must not possess, carry or use a
25 category C or category D longarm that is not
registered.
Penalty: For a first offence, 240 penalty
units or 4 years imprisonment.
For a second or subsequent
30 offence, 1200 penalty units or
10 years imprisonment.
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(3) A person must not possess, carry or use a
category E longarm that is not registered.
Penalty: For a first offence, 600 penalty
units or 7 years imprisonment.
5 For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.".
7. Substitution of section 7
For section 7 of the Firearms Act 1996
10 substitute--
"7. Offence for non-prohibited person to
possess, carry or use a handgun without a
licence
(1) A non-prohibited person must not possess,
15 carry or use a general category handgun that
is registered unless that person does so under
and in accordance with a licence issued
under this Part.
Penalty: 240 penalty units or 4 years
20 imprisonment.
(2) A non-prohibited person must not possess,
carry or use a category E handgun that is
registered unless that person does so under
and in accordance with a licence issued
25 under this Part.
Penalty: 600 penalty units or 7 years
imprisonment.".
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s. 8
8. Insertion of new sections 7A and 7B
After section 7 of the Firearms Act 1996
insert--
"7A. Offence to possess, carry or use an
5 unregistered handgun
(1) A person must not possess, carry or use a
general category handgun that is not
registered.
Penalty: For a first offence, 600 penalty
10 units or 7 years imprisonment.
For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
(2) A person must not possess, carry or use a
15 category E handgun that is not registered.
Penalty: For a first offence, 1800 penalty
units or 14 years imprisonment.
For a second or subsequent
offence, 2100 penalty units or
20 17 years imprisonment.
7B. Possession of a traffickable quantity of
unregistered firearms
(1) A person must not possess more than
10 firearms that are not registered.
25 Penalty: 1200 penalty units or 10 years
imprisonment.
(2) Sub-section (1) does not apply if, in respect
of any one of the 10 firearms, the person has
given a notice to the Chief Commissioner
30 under section 115.
(3) A person who is convicted or found guilty of
an offence against sub-section (1) is not
liable to be convicted or found guilty of an
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s. 9
offence against section 5(1A), section 6A(1),
(2) or (3) or section 7A(1) or (2) in respect of
possession of the same firearms at the same
time.".
5 9. Issue of general category handgun licences
(1) Insert the following heading to section 15 of the
Firearms Act 1996--
"Issue of handgun licences for general category
handguns".
10 (2) In section 15(1) of the Firearms Act 1996, for
"handgun" substitute "general category
handgun".
(3) In section 15(2)(a)(ii) of the Firearms Act 1996,
for "a handgun" substitute "a general category
15 handgun".
10. Conditions applying to general category handgun
licences
(1) Insert the following heading to section 16 of the
Firearms Act 1996--
20 "Conditions applying to handgun licences for
general category handguns".
(2) In section 16 of the Firearms Act 1996, after
"handgun licence" insert "for general category
handguns".
25 11. Insertion of new sections 16A and 16B
After section 16 of the Firearms Act 1996
insert--
"16A. Issue of handgun licences for category E
handguns
30 (1) The Chief Commissioner may licence a
person to possess, carry or use category E
handguns for the reason specified in the
licence.
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s. 12
(2) The Chief Commissioner must not issue a
licence for category E handguns unless--
(a) the applicant can demonstrate that the
licence is required for an official,
5 commercial or prescribed purpose or
for a purpose authorised by an Act or
regulations; and
(b) if the application is in respect of more
than one category E handgun, the
10 applicant can demonstrate a compelling
reason for more than one such handgun
to be possessed, carried or used under
the licence.
(3) For the purposes of demonstrating that the
15 licence is required for a purpose specified in
sub-section (2)(a), the applicant must
produce evidence that the licence is required
for that purpose.
16B. Conditions applying to handgun licences
20 for category E handguns
A handgun licence for category E handguns
is subject to any conditions imposed on the
licence or the category of licence by the
Chief Commissioner.".
25 12. Junior licences to authorise general category
handguns only
In section 18(1) of the Firearms Act 1996, for
"handguns" substitute "general category
handguns".
30 13. Alteration of reference to handguns in section 20
In section 20(b)(i) of the Firearms Act 1996, for
"handgun" substitute "general category
handgun".
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14. Category of handgun that may be removed from
collectors register
In section 24(2) of the Firearms Act 1996, after
"a handgun licence" insert "for general category
5 handguns".
15. Requirement to comply with licence conditions for
general category and category E handgun licences
(1) In section 36(2) of the Firearms Act 1996, for "a
handgun licence" substitute "a handgun licence
10 for general category handguns".
(2) In section 36(3) of the Firearms Act 1996, after
"category E longarms" insert "or a handgun
licence for category E handguns".
16. Disposal of general category and category E
15 handguns where licence not renewed
(1) In section 45(4) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
(2) In section 45(5) of the Firearms Act 1996, after
20 "category E longarm" insert "or a category E
handgun".
17. Permits for collectors to carry or use handguns
In section 58(1) of the Firearms Act 1996, for
"handgun" substitute "a general category
25 handgun".
18. Discretion of Chief Commissioner to refuse to issue
dealers licence
In section 61 of the Firearms Act 1996--
(a) in paragraph (a), after "the applicant," insert
30 "any close associate of the applicant,";
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s. 19
(b) after paragraph (c) insert--
"(ca) unless the Chief Commissioner is
satisfied that all close associates of the
applicant are fit and proper persons;
5 or".
19. Application by natural person for dealers licence
(1) In section 64 of the Firearms Act 1996, after
"accompanied by--" insert--
"(aa) a statement setting out the name and address
10 of any person who is a close associate of the
applicant, verified by a statutory declaration;
and".
(2) In section 64 of the Firearms Act 1996--
(a) in paragraph (b), for "business." substitute
15 "business; and";
(b) after paragraph (b) insert--
"(c) a full set of the fingerprints of any close
associate of the applicant, or if it is not
possible to obtain a full set of such
20 fingerprints, if the Chief Commissioner
so requires, any known information
about the close associate.".
20. Application by body corporate for a dealers licence
In section 65 of the Firearms Act 1996--
25 (a) in paragraph (c)(ii), for "fingerprints."
substitute "fingerprints; and";
(b) after paragraph (c) insert--
"(d) be accompanied by--
(i) a statement setting out the name
30 and address of any person who is
a close associate of the applicant,
verified by a statutory declaration;
and
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(ii) a full set of the fingerprints of any
close associate of the applicant, or
if it is not possible to obtain a full
set of such fingerprints, if the
5 Chief Commissioner so requires,
any known information about the
close associate.".
21. Application for renewal of a dealers licence
In section 72 of the Firearms Act 1996, after sub-
10 section (4) insert--
"(4A) In addition to the requirements of sub-
sections (3) and (4), if there is a close
associate of the applicant for renewal who
has not been disclosed to the Chief
15 Commissioner, the application must be
accompanied by--
(a) a statement setting out the name and
address of any such close associate,
verified by a statutory declaration; and
20 (b) a full set of the fingerprints of any such
close associate, or if it is not possible to
obtain a full set of such fingerprints, if
the Chief Commissioner so requires,
any known information about the close
25 associate.".
22. Discretion of Chief Commissioner to refuse to renew
dealers licence
In section 73 of the Firearms Act 1996--
(a) in paragraph (a), after "the applicant" insert
30 ", any close associate of the applicant";
(b) in paragraph (b)(i), after "the applicant,"
insert "all close associates of the applicant,".
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23. Insertion of new sections 75A and 75B
After section 75 of the Firearms Act 1996
insert--
"75A. Requirement to notify Chief Commissioner
5 of close associates
(1) If, at any time during the course of a dealers
licence--
(a) a person becomes a close associate of
the holder of the licence; or
10 (b) ceases to be a close associate of the
holder of the licence--
the holder of the licence must immediately
notify the Chief Commissioner of that fact.
Penalty: 20 penalty units.
15 (2) A notice under sub-section (1) must--
(a) be in writing; and
(b) set out the name and address of the
person who has become or ceased to be
a close associate (as the case requires);
20 and
(c) be accompanied by a full set of
fingerprints of any person who has
become a close associate of the
applicant, or if it is not possible to
25 obtain a full set of such fingerprints, if
the Chief Commissioner so requires,
any known information about the
person.
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75B. Offence to employ prohibited persons in
management of business
The holder of a dealers licence must not--
(a) employ a prohibited person in the
5 business conducted under the licence;
or
(b) engage a prohibited person to act as an
agent in the business conducted under
the licence.
10 Penalty: 60 penalty units.".
24. Power to cancel dealers licence
In section 79(e) of the Firearms Act 1996--
(a) in sub-paragraph (ii) for "business--"
substitute "business; or";
15 (b) after sub-paragraph (ii) insert--
"(iii) any close associate of the holder of the
licence--".
25. Acquisition of handguns by dealers
(1) In section 93(2) of the Firearms Act 1996, for "a
20 handgun" substitute "a general category
handgun".
(2) In section 93(3)(a) of the Firearms Act 1996,
after "category E longarm" insert "or a category E
handgun".
25 (3) In section 93(4)(g) of the Firearms Act 1996, for
"a category C longarm or a handgun" (wherever
occurring) substitute "a category C longarm or a
general category handgun".
26. Disposal of handguns by dealers
30 (1) In section 94(2) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
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(2) In section 94(3)(a) of the Firearms Act 1996,
after "a category E longarm" insert "or a
category E handgun".
(3) In section 94(4)(f) of the Firearms Act 1996, for
5 "a handgun" (wherever occurring) substitute "a
general category handgun".
27. Penalties for unauthorised acquisition of firearms
(1) In section 95(1) of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
10 substitute "120 penalty units or 2 years
imprisonment".
(2) In section 95(2) of the Firearms Act 1996--
(a) omit "or a handgun";
(b) for "120 penalty units or 2 years
15 imprisonment" substitute "240 penalty units
or 4 years imprisonment".
(3) In section 95 of the Firearms Act 1996, after sub-
section (2) insert--
"(2A) A person who is not a licensed firearms
20 dealer must not acquire a general category
handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
firearms dealer as his or her agent in the
25 transaction.
Penalty: 600 penalty units or 5 years
imprisonment.".
(4) In section 95(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
30 substitute "600 penalty units or 7 years
imprisonment.
18
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s. 28
(5) In section 95 of the Firearms Act 1996, after sub-
section (3) insert--
"(3A) A person who is not a licensed firearms
dealer must not acquire a category E
5 handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
10 Penalty: 1200 penalty units or 10 years
imprisonment.".
28. Penalties for unauthorised disposal of firearms
(1) In section 96(1) of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
15 substitute "120 penalty units or 2 years
imprisonment".
(2) In section 96(2) of the Firearms Act 1996--
(a) omit "or a handgun";
(b) for "120 penalty units or 2 years
20 imprisonment" substitute "240 penalty units
or 4 years imprisonment".
(3) In section 96 of the Firearms Act 1996, after sub-
section (2) insert--
"(2A) A person who is not a licensed firearms
25 dealer must not dispose of a general category
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
30 transaction.
Penalty: 600 penalty units or 5 years
imprisonment.".
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(4) In section 96(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
substitute "600 penalty units or 7 years
imprisonment".
5 (5) In section 96 of the Firearms Act 1996, after sub-
section (3) insert--
"(3A) A person who is not a licensed firearms
dealer must not dispose of a category E
handgun to a person who is not a licensed
10 firearms dealer, unless the person who is
disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.
Penalty: 1200 penalty units or 10 years
15 imprisonment.".
29. Acquisition of handguns from outside the State
(1) In section 99(2) of the Firearms Act 1996, for "a
handgun" substitute "a general category
handgun".
20 (2) In section 99(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
30. Disposal of handguns to a place outside the State
(1) In section 100(2) of the Firearms Act 1996, for
25 "a handgun" substitute "a general category
handgun".
(2) In section 100(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
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part 2--amendments to the firearms Act 1996
s. 31
31. Insertion of new sections 101A and 101B
After section 101 of the Firearms Act 1996
insert--
"101A. Prohibition on the acquisition or disposal of
5 traffickable quantities of firearms
(1) A person, who is not the holder of a dealers
licence, must not acquire or dispose of more
than 10 unregistered firearms within a period
of 7 days.
10 Penalty: 1200 penalty units or 10 years
imprisonment.
(2) Sub-section (1) does not apply if, in respect
of any one of the 10 firearms, the person has
given a notice to the Chief Commissioner
15 under section 115.
(3) A person who is convicted or found guilty of
an offence against sub-section (1) is not
liable to be convicted or found guilty of an
offence against section 95(1), (2) or (3),
20 section 96(1), (2) or (3) or section 102(1), (2)
or (3) in respect of possession of the same
firearms at the same time.
101B. Prohibition on providing financial
accommodation for the illegal acquisition
25 or disposal of firearms
(1) A person must not lend money, guarantee the
lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category A or B
30 longarm--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
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Act No.
part 2--amendments to the firearms Act 1996
s. 31
(b) being reckless as to whether or not the
acquisition or disposal complies with
this Act.
Penalty: 120 penalty units or 2 years
5 imprisonment.
(2) A person must not lend money, guarantee the
lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category C or D
10 longarm or a general category handgun--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
(b) being reckless as to whether or not the
acquisition or disposal complies with
15 this Act.
Penalty: 240 penalty units or 4 years
imprisonment.
(3) A person must not lend money, guarantee the
lending of money or otherwise provide
20 financial accommodation for the purpose of
acquiring or disposing of a category E
longarm or a category E handgun--
(a) knowing that the acquisition or disposal
does not comply with this Act; or
25 (b) being reckless as to whether or not the
acquisition or disposal complies with
this Act.
Penalty: 600 penalty units or 7 years
imprisonment.".
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Act No.
part 2--amendments to the firearms Act 1996
s. 32
32. Acquisition of handguns without a permit
(1) In section 102(2) of the Firearms Act 1996, omit
"or a handgun".
(2) In section 102 of the Firearms Act 1996, after
5 sub-section (2) insert--
"(2A) A person must not acquire a general category
handgun unless that person has a permit to
acquire that handgun.
Penalty: 600 penalty units or 5 years
10 imprisonment.".
(3) In section 102 of the Firearms Act 1996, after
sub-section (3) insert--
"(3A) A person must not acquire a category E
handgun unless that person has a permit to
15 acquire that handgun.
Penalty: 1200 penalty units or 10 years
imprisonment.".
(4) In section 102(4) of the Firearms Act 1996, for
"(2) and (3)" substitute "(2), (2A), (3) and (3A)".
20 (5) In section 102(6) of the Firearms Act 1996, omit
"or a handgun" (wherever occurring).
(6) In section 102 of the Firearms Act 1996, after
sub-section (6) insert--
"(7) Sub-section (2A) does not apply to a
25 person--
(a) who is the holder of an inter-State
permit to acquire a general category
handgun which has been issued not
more than 28 days before the
30 acquisition of the firearm; and
(b) who is acquiring a general category
handgun in accordance with the permit;
and
23
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s. 33
(c) who, in order to acquire the firearm,
personally attends at the premises
where the dealer--
(i) from whom the firearm is being
5 acquired; or
(ii) who is acting as agent in the
transaction--
(as the case requires) carries on
business.".
10 33. Discretion of Chief Commissioner to refuse permit to
acquire for handguns
(1) In section 104(1)(d) of the Firearms Act 1996--
(a) in sub-paragraph (ii), for "a handgun"
(wherever occurring) substitute "a general
15 category handgun";
(b) after sub-paragraph (ii) insert--
"(iia) in the case of an application for a
permit to acquire a category E handgun,
the applicant has demonstrated a
20 compelling reason to possess, carry or
use a category E handgun; and".
(2) In section 104(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
25 34. Insertion of new section 119A
After section 119 of the Firearms Act 1996
insert--
"119A. Power of Chief Commissioner to require
firearm to have a serial number
30 (1) The Chief Commissioner may, before
registering a firearm, by notice in writing
require the person who possesses the firearm
to have that firearm stamped with a number
24
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Act No.
part 2--amendments to the firearms Act 1996
s. 35
that will enable that firearm to be
individually identified.
(2) A person to whom a notice under sub-section
(1) is addressed must comply with the notice
5 within 28 days of the giving of the notice.
Penalty: 60 penalty units or 6 months
imprisonment.
(3) This section does not apply to a firearm that
is not required to be registered under this
10 Act.".
35. Storage of handguns
(1) In section 121(2) of the Firearms Act 1996, after
"handgun licence" insert "for a general category
handgun".
15 (2) In section 121(2A) of the Firearms Act 1996,
after "handgun licence" insert "for a general
category handgun".
(3) In section 121(3) of the Firearms Act 1996, after
"a firearm" insert "under a handgun licence for a
20 category E handgun or".
(4) In section 121(3A) of the Firearms Act 1996,
after "cartridge ammunition" (where first
occurring) insert "under a handgun licence for a
category E handgun or".
25 36. Storage of firearms under collectors licences
(1) In section 122(1) of the Firearms Act 1996, for
"(other than a Category E firearm)" substitute
"(that is not a category E handgun or a category E
longarm)".
30 (2) In section 122(2) of the Firearms Act 1996, for
"a category E firearm" substitute "a category E
handgun or a category E longarm".
25
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Act No.
part 2--amendments to the firearms Act 1996
s. 37
37. Storage of handguns under a dealers licence
(1) In section 123(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
5 (2) In section 123(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
38. Insertion of new section 123A
After the heading to Part 7 of the Firearms Act
10 1996 insert--
"123A. Conspiring to commit and aiding the
commission of an offence outside Victoria
(1) A person must not, in Victoria--
(a) conspire with another person or persons
15 to commit an offence (in this section
called the principal offence) in a place
outside Victoria, being an offence
punishable under the provisions of a
law in force in that place that
20 corresponds to a provision of this Act;
or
(b) aid, abet, counsel, procure, solicit or
incite the commission of an offence (in
this section called the principal offence)
25 in any place outside Victoria, being an
offence punishable under the provisions
of a law in force in that place that
corresponds to a provision of this Act.
(2) A person who is guilty of an offence under
30 sub-section (1) is liable to the same penalty
as that which the person would be subject to
if the principal offence had been committed
in Victoria.".
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Act No.
part 2--amendments to the firearms Act 1996
s. 39
39. Safekeeping of handguns while being carried or used
(1) In section 126(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
5 (2) In section 126(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
40. Use of handgun by person other than possessor
(1) In section 127(2) of the Firearms Act 1996, omit
10 "or a handgun".
(2) In section 127 of the Firearms Act 1996, after
sub-section (2) insert--
"(2A) A person who possesses a handgun must not
permit that handgun to be carried or used by
15 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.
20 Penalty: 1200 penalty units or 10 years
imprisonment.".
41. Increase of penalty
In section 134(3) of the Firearms Act 1996, for
"240 penalty units or 4 years imprisonment"
25 substitute "600 penalty units or 7 years
imprisonment".
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Firearms (Trafficking) Act 2002
Act No.
part 2--amendments to the firearms Act 1996
s. 42
42. Insertion of new sections 134A, 134B and 134C
After section 134 of the Firearms Act 1996
insert--
"134A. Requirement to obtain consent of Chief
5 Commissioner to certain alterations of
firearms
A person must not alter a firearm so that it
becomes a different category of firearm
unless, before doing so, the person obtains
10 the consent of the Chief Commissioner to do
so.
Penalty: 60 penalty units.
134B. Requirement to notify Chief Commissioner
of certain alterations to firearms
15 A person who alters the calibre of a firearm
in a manner not provided for in the original
manufacture of the firearm must notify the
Chief Commissioner of the alteration within
7 days of doing so.
20 Penalty: 30 penalty units.
134C. Offence to possess a firearm that has been
altered in a particular way
A person must not possess a firearm on
which the serial number has been defaced or
25 altered, if the defacing or altering of the
serial number is not in accordance with this
Act.
Penalty: 240 penalty units or 4 years
imprisonment.".
28
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Firearms (Trafficking) Act 2002
Act No.
part 2--amendments to the firearms Act 1996
s. 43
43. Offence to own firearm without a licence to possess
(1) In section 135(2) of the Firearms Act 1996, for
"a handgun" substitute "a general category
handgun".
5 (2) In section 135(3) of the Firearms Act 1996, after
"category E longarm" insert "or a category E
handgun".
44. False or misleading information
(1) Insert the following heading to section 140A of
10 the Firearms Act 1996--
"Making false or misleading statements or using
false or misleading information".
(2) In section 140A of the Firearms Act 1996, for
"60 penalty units or 12 months imprisonment"
15 substitute "240 penalty units or 4 years
imprisonment".
(3) At the end of section 140A of the Firearms Act
1996 insert--
"(2) A person must not, when required to identify
20 himself or herself for the purposes of this
Act, make a false or misleading statement or
use false or misleading information.
Penalty: 240 penalty units or 4 years
imprisonment.".
25 45. Interstate handgun licence holders
In section 187(2) of the Firearms Act 1996--
(a) in paragraph (a), for "a handgun licence"
substitute "a handgun licence for general
category handguns";
30 (b) in paragraph (c), for "a handgun licence"
substitute "a handgun licence for general
category handguns".
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Act No.
part 2--amendments to the firearms Act 1996
s. 46
46. Indictable offences
In section 189A of the Firearms Act 1996--
(a) after "5(1)" insert ", (1A)";
(b) for "6(5)" substitute "6(3), (4), (5) and (6),
5 6A(1), (2) and (3), 7(1) and (2), 7A(1) and
(2), 7B";
(c) after "95" insert "(2) and";
(d) after "96" insert "(2) and";
(e) after "100(3)," insert "101A, 101B(2) and
10 (3),";
(f) for "and 138" substitute ", 138 and
140A(2)".
47. Regulation making powers
In section 191(1) of the Firearms Act 1996, after
15 paragraph (c) insert--
"(ca) classes of firearms that fall within the
definition of category E handguns;".
48. Insertion of new sections 200A and 200B
After section 200 of the Firearms Act 1996
20 insert--
"200A. Transitional provision--Firearms
(Trafficking) Act 2002
Despite the commencement of section 23 of
the Firearms (Trafficking) Act 2002,
25 section 75A does not apply to a person who
was, immediately before that commencement
the holder of a dealers licence, until that
person is required under this Act to renew
that licence.
30
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Firearms (Trafficking) Act 2002
Act No.
part 2--amendments to the firearms Act 1996
s. 49
200B. Transitional provision--Firearms
(Trafficking) Act 2002--handgun licences
On and from the commencement of section 9
of the Firearms (Trafficking) Act 2002, a
5 licence issued under section 15, as in force
before the commencement of section 9 of
that Act, is deemed to be a licence issued
under section 15, as in force on and from the
commencement of section 9 of that Act.".
10 49. Special conditions for handgun licences
(1) In clause 3 of Schedule 2 to the Firearms Act
1996--
(a) Insert the following heading to the clause--
"Handgun licences for general category
15 handguns";
(b) in sub-clause (1), for "a handgun" substitute
"a general category handgun";
(c) in sub-clause (2)(a), after "handgun licence"
insert "for general category handguns".
20 (2) In clause 4 of Schedule 2 to the Firearms Act
1996--
(a) in sub-clause (1)(c), for "a handgun" (where
first occurring) substitute "a general
category handgun";
25 (b) in sub-clause (2), for "a handgun" substitute
"a general category handgun".
50. Persons exempt from the requirement to hold a
handgun licence for general category handguns
In Schedule 3 to the Firearms Act 1996--
30 (a) in Column 1 of item 4, for "use of a
handgun" substitute "use of a general
category handgun";
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part 2--amendments to the firearms Act 1996
s. 51
(b) in Column 1 of item 4, for "a handgun
licence" substitute "a handgun licence for
general category handguns";
(c) in Column 2 of item 4, for "a hand gun"
5 substitute "a general category handgun";
(d) in Column 1 of item 5A, for "use of a
handgun" substitute "use of a general
category handgun";
(e) in Column 1 of item 5A, for "a handgun
10 licence" substitute "a handgun licence for
general category handguns";
(f) in Column 2 of item 5A, for "a handgun"
substitute "a general category handgun";
(g) in Column 1 of item 12, for "a handgun"
15 substitute "a general category handgun".
51. Storage requirements for general category handguns
Insert the following heading to clause 2 of
Schedule 4 to the Firearms Act 1996--
"Longarm licences for category C or D longarms
20 and handgun licences for general category
handguns".
__________________
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Firearms (Trafficking) Act 2002
Act No.
part 3--amendments to the magistrates' court act 1989
s. 52
PART 3--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
52. Amendments to Schedule 4 to the Magistrates' Court
Act 1989
5 See: In Schedule 4 to the Magistrates' Court Act
Act No.
1989--
51/1989.
Reprint No. 8
(a) in item 49A for "section 5(1) and (2)"
as at
24 April 2002
substitute "section 5(1), (1A) and (2)";
and
amending
(b) in item 49B for "section 6(5)" substitute
Act Nos
10 "section 6(3), (4), (5) and (6)";
2/2001,
23/2002,
26/2002, (c) after item 49B insert--
27/2002,
35/2002 and "49BA. Offence to possess, carry or use an
37/2002.
unregistered longarm
LawToday:
www.dms.
Offences under section 6A(1), (2) and (3) of the
dpc.vic.
15 Firearms Act 1996.
gov.au
49BB. Offence for non-prohibited person to possess,
carry or use a handgun without a licence
Offences under section 7(1) and (2) of the
Firearms Act 1996.
20 49BC. Offence to possess a traffickable quantity of
firearms
Offences under section 7B of the Firearms Act
1996.";
(d) in item 49J for "section 95(3)" substitute
25 "section 95(2), (2A), (3) and (3A)";
(e) in item 49K for "section 96(3)" substitute
"section 96(2), (2A), (3) and (3A)";
(f) after item 49M insert--
"49MA. Offence to acquire or dispose of traffickable
30 quantities of firearms
Offences under section 101A of the Firearms
Act 1996.
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Act No.
part 3--amendments to the magistrates' court act 1989
s. 52
49MB. Offence to finance the illegal acquisition or
disposal of firearms
Offences under section 101B(2) and (3) of the
Firearms Act 1996.";
5 (g) after item 49ZA insert--
"49ZB. Offence to make false or misleading statement
or to use false or misleading information
Offences under section 140A of the Firearms
Act 1996.".
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Firearms (Trafficking) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
35
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