FIREARMS ACT 1996

Victorian Consolidated Legislation

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FIREARMS ACT 1996

No. 66 of 1996
Version incorporating amendments as at 1 September 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Temporary declarations by the Chief Commissioner for the purposes of certain definitions
3B. Permanent declarations by the Chief Commissioner for the purposes of certain definitions
4. Act binds the Crown

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
6. Offence for non-prohibited person to possess, carry or use a longarm without a licence
6A. Offence to possess, carry or use an unregistered longarm
7. Offence for non-prohibited person to possess, carry or use a handgun without a licence
7A. Offences for certain types of handguns
7B. Offence to possess, carry or use an unregistered handgun
7C. Possession of a traffickable quantity of unregistered firearms
8. Offence to acquire, dispose of possess or carry cartridge ammunition for collections

Division 2-Longarm licences

9. Issue of longarm licences
10. Reasons for applying for longarm licence, category A or B
11. Reasons for applying for a longarm licence, category C
12. Reasons for applying for a longarm licence, category D
13. Reasons for applying for a longarm licence, category E
13A. Reasons for applying for paintball marker licence
14. Conditions applying to longarm licences

Division 3-Handgun licences

15. Issue of handgun licences for general category handguns
16. Conditions applying to handgun licences
16A. Issue of handgun licences for category E handguns
16AA. Power of Chief Commissioner to modify participation
condition
16B. Conditions applying to handgun licences for category E handguns

Division 4-General provisions applying to longarm and handgun licences

17. General discretion of Chief Commissioner to refuse a longarm or handgun licence

Division 5-Junior licences

18. Issue of junior licences
19. Conditions applying to junior licences
20. General discretion of Chief Commissioner to refuse a junior licence

Division 6-Firearms collectors and heirlooms licences

21. Issue of category 1 firearms collectors licences
21A. Issue of category 2 firearms collectors licences
21B. Issue of antique handgun collectors licences
22. Conditions applying to firearms collectors licences
23. General discretion of Chief Commissioner to refuse a firearms collectors licence
24. Firearms collectors register
25. Issue of firearms heirlooms licences
26. Conditions applying to firearms heirlooms licences
27. General discretion of Chief Commissioner to refuse a firearms heirlooms licence

Division 7-Firearms ammunition collectors licences

28. Issue of firearms ammunition collectors licences
29. General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence
30. Conditions applying to firearms ammunition collectors
licences

Division 8-General provisions applying to licences under this Part 31. Application for a licence

32. Information which is required for an application for a licence
32A. Chief Commissioner may refuse to make a decision on an application for a licence
33. 28 day waiting period
33A. Notice that licence may be refused
33B. Further consideration of application and convening of hearing
33C. Refusal of licence
34. Review of decision not to issue a licence
35. Particulars of licences
36. Offence not to comply with licence conditions
37. Variation of licence conditions
38. Review of a decision to vary licence conditions
39. Duration of licences
40. Requirement to notify Chief Commissioner of change of nominated person
41. Renewal of licences
41A. Continuation of licence during consideration of application
for renewal
42. General discretion of Chief Commissioner to refuse to renew
a licence or to alter or vary the conditions of a licence
43. Circumstances in which the Chief Commissioner may alter or vary conditions on a licence
43A. Variation of licence for failure to comply with participation condition
44. Review of a decision not to renew a licence
45. Disposal of firearms where licence not renewed

Division 9-Suspension and cancellation of licences under this Part 46. Immediate cancellation of a licence

47. Suspension of a licence and notice of proposal to cancel
47A. Suspension of licence-certain prohibited persons
48. Making of submissions
49. Power of Chief Commissioner to cancel licence under this Part 50. Review of decision to cancel a licence
51. Notice of Chief Commissioner's decision
52. Coming into effect of cancellation
52AA. Chief Commissioner to notify approved handgun target
shooting club or employer of certain events

Division 9A-Surrender and seizure of firearms etc.

52A. Power of Chief Commissioner to require the holder of a
general category handgun licence to surrender certain
handguns for failure to comply with participation condition
52B. Power of Chief Commissioner to require the holder of a category 1 or category 2 firearms collectors licence to
surrender certain handguns for failure to comply with certain conditions
53. Surrender of firearms and licence document
53A. Surrender of handguns for failure to comply with participation condition
53B. Surrender of handguns where certain conditions of category 1
or category 2 firearms collectors licence not complied with

Division 10-Exemptions, permits and provisional licences

54. Persons who are exempt from the Part 54A. Exemptions from certain licence conditions
55. Employees of licensed firearms dealers
56. Permits to display firearms or ammunition collections
56A. Permits to display firearms or ammunition collections-Approved firearms collectors clubs
57. Permits to possess, carry or use silencers or prescribed items
57A. Permit for holder of handgun security guard licence to
possess, carry or use restricted ammunition
58. Permits to carry or use firearms held under a collectors licence
58AAA. Permits to carry or use firearms held under a collectors licence-approved firearms collectors clubs
58A. Provisional general category handgun licences

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
60. Issue of dealers licences
61. General discretion of Chief Commissioner to refuse a dealers licence
62. Review of decision not to issue licence

Division 2-General provisions applying to dealers licences

63. Application for a dealers licence
64. Information required for an application by a natural person
for a dealers licence
65. Information required for an application by a body corporate
for a dealers licence
66. 28 day waiting period
67. Particulars of dealers licences
68. Licence conditions for dealers licences
69. Variation of dealers licence conditions
70. Review of a decision to vary licence conditions
71. Duration of licences
72. Renewal of dealers licences
73. General discretion of Chief Commissioner to refuse to renew
a dealers licence
74. Review of decision not to renew licence
75. Requirement to notify Chief Commissioner of persons
employed in business or change of nominated person
75A. Requirement to notify Chief Commissioner of close
associates
75B. Offence to employ prohibited persons in management of
business

Division 3-Suspension, cancellation and transfer of dealers
licences

76. Immediate cancellation of a dealers licence
77. Suspension of a dealers licence and notice of proposal to
cancel
78. Making of submissions
79. Power of Chief Commissioner to cancel a dealers licence
80. Notice of Chief Commissioner's decision
81. Coming into effect of cancellation
82. Right of appeal against cancellation of licence
83. Surrender of firearms and licence document
84. Application to carry on business
85. Chief Commissioner may transfer authority to conduct
business
86. Prohibition on any other transfer of licence

Division 4-Records to be kept by licensed firearms dealers

87. Requirement to keep register of transactions
88. Firearms to be labelled with transaction details
89. Power to inspect register and stock
90. Power to require production of licence

Division 5-Display by dealers

91. Display of firearms by dealers
92. Display Offences

Division 6-Permits

92A. Permits for theatrical armourers

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
94. Persons to whom a dealer can dispose of firearms
95. Prohibition on acquisition of firearm except from licensed firearms dealer
96. Prohibition on disposal of firearm except to licensed firearms dealer
97. Fees to be charged by dealers
98. Requirement for taking or giving of possession of firearm to
be in person
99. Control of acquisition from a place outside the State
100. Control of disposal to place outside the State
100A. Hiring and loaning of firearms by licensed firearms dealers
101. Prohibitions on advertising
101A. Prohibition on the acquisition or disposal of traffickable quantities of firearms
101B. Prohibition on providing financial accommodation for the
illegal acquisition or disposal of firearms

Division 2-Permit to acquire a firearm

102. Offence to acquire a firearm without a permit
103. Issue of permit to acquire
104. General discretion of Chief Commissioner to refuse to issue a permit to acquire
105. Review of decision not to issue permit
106. Application for a permit to acquire
107. Waiting period for issue of permit
108. Form of permit
109. Conditions applying to a permit
110. Duration of permit
111. Cancellation of permit
112. Surrender of firearms acquired under cancelled permit

PART 5-REGISTRATION OF FIREARMS

113. Keeping of register
114. Exemption from Freedom of Information Act
115. Notice of bringing into the State
116. Notice of removal from the State
117. Certificate of registration
118. Notice of transactions
119. Power of Chief Commissioner to require information
119A. Power of Chief Commissioner to require firearm to have a serial number
119B. Application to have serial number affixed by a method other than stamping
120. Offence not to produce firearm for inspection

PART 6-STORAGE

121. Storage of firearms under longarm and handgun licences
121A. Permit to store handguns
122. Storage of firearms under firearms collectors and firearms heirlooms licences and ammunition under firearms
ammunition collectors licence
123. Storage of firearms under dealers licences

PART 6A-APPROVED CLUBS

Division 1-Approved handgun target shooting clubs

123A. Power of the Chief Commissioner to approve handgun
target shooting clubs
123B. Approved handgun target shooting clubs-Record keeping requirements
123C. Approved handgun target shooting clubs-reporting requirements
123D. Approved handgun target shooting clubs-Requirements
as to members
123E. Approved handgun target shooting clubs-Reports to the
Chief Commissioner as to unfit members
123F. Approved handgun target shooting clubs-Power to
endorse applications for general category handgun licences
123G. Approved handgun target shooting clubs-Power to
endorse applications for permits to acquire

Division 2-Approved firearms collectors clubs

123H. Power of the Chief Commissioner to approve firearms collectors clubs
123I. Approved firearms collectors clubs-Power to endorse applications for firearms collectors licences
123J. Approved firearms collectors clubs-Power to endorse applications for permits to acquire
123K. Approved firearms collectors clubs-Reports to the Chief Commissioner as to unfit members
123L. Approved firearms collectors clubs-Requirements as to members and former members

Division 3-General provisions applying to approvals under
this Part 123M. Application for an approval under this Part 123N. Requirement to nominate officers

123O. Review of decision to refuse an approval under this Part 123P. Conditions for an approval under this Part 123Q. Review of decision to vary the conditions of an approval
under this Part 123R. Duration of an approval under this Part 123S. Renewal of an approval under this Part 123T. Power of the Chief Commissioner to renew an approval
under this Part 123U. Review of a decision not to renew an approval under
this Part 123V. Power of Chief Commissioner to cancel an approval
under this Part 123W. Review of decision to cancel an approval under this Part

PART 7-FURTHER OFFENCES AND LEGAL PROCEEDINGS

124AA. Conspiring to commit and aiding the commission of an offence outside Victoria
124. Possession of cartridge ammunition
125. Disposal of cartridge ammunition to unauthorised persons
126. Safekeeping of firearms and cartridge ammunition while being carried or used
127. Use of firearm by person other than the possessor
127A. Offence to use firearms held under a firearms collectors
licence
128. Offence to damage property with a firearm
129. Offence to use a firearm in a dangerous manner
129A. Offence for unlicensed person to store in an insecure manner
130. Offence to carry or use a firearm in certain places
131. Offence to possess, carry or use a firearm on private property without consent
132. Offences about the carriage and the use of firearms
133. Disposal of a firearm to person who is intoxicated
134. Certain offences as to firearms, firearm parts, silencers and prescribed items
134A. Requirement to obtain consent of Chief Commissioner to certain alterations of firearms
134AB. Offence to possess or carry certain parts without the
consent of the Chief Commissioner
134B. Requirement to notify Chief Commissioner of certain alterations to firearms
134C. Offence to possess a firearm that has been altered in a particular way
135. Offence to own a firearm without a licence to possess
136. Disposal of firearms to minors
137. Alteration of documents
138. False entries
139. Notification of change of certain details
140. Requirement to notify Chief Commissioner of loss etc.
140A. Making false or misleading statements or using false or misleading information
141. Statements of the Chief Commissioner as evidence
142. Liability of officers of body corporate or nominated persons
for offences committed by the body corporate
143. How to determine state of mind of a body corporate
144. Liability of body corporate or licence holder for acts of
directors, employees or agents
145. Evidence of possession

PART 8-FURTHER ENFORCEMENT POWERS

146. Warrants to search premises
147. Announcement before entry
148. Copy of the warrant to be given to occupier
149. Search of persons or vehicles
149A. Duty to make records concerning searches
150. Power to require production of licence
151. Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items
152. Disposal of forfeited firearms
153. Power of court to make an order with respect to the disposal
of a firearm, cartridge ammunition, silencer or prescribed item
153A. Authorised officers under the Conservation, Forests and
Lands Act 1987 to exercise powers under this Act
153B. Duty to make records concerning searches
153C. Annual reports

PART 9-FIREARMS APPEALS COMMITTEE

Division 1-Establishment of Committee

154. Establishment of Committee
155. Membership of the Committee
156. Terms of office
157. Resignation and removal
158. Chairperson
159. Acting member
160. Payment of members
161. Procedure of the Committee
162. Effect of vacancy or defect

Division 2-Review of decisions of the Chief Commissioner

163. Power of committee to sit in divisions
164. Decision of a Division
165. Change in composition of a Division
166. Procedure of Division
167. How to commence a proceeding

PART 10-INFRINGEMENT NOTICES

168. Power to serve a notice
169. Repealed
170. Penalties to be paid for offences under infringement notices
171-174. Repealed

PART 11-GENERAL

175. Service of notices
176. Power of delegation
176A. Annual Report of Chief Commissioner
177. Duplicate licences
178. Application for duplicate licence
179. Power of Chief Commissioner to make approvals
179A. Approved handgun target shooting matches
180. Deceased estates
181. Disclosure of information
181A. Requirement for Chief Commissioner to disclose certain information to certain approved clubs
182. Appeals from decisions of Committee
183. Immunity from liability
184. Exemptions for museums
185. Interstate licence holders-temporary visitors
186. Temporary visitor permit
186A. Interstate temporary visitor permits
187. Interstate licence holders-permanent residents
188. Power to approve schemes of compensation
189. Application to be deemed not to be a prohibited person
189A. Indictable offences
190. Supreme Court-Limitation of jurisdiction
191. Regulations

PART 12-TRANSITIONAL PROVISIONS

192. Definitions
193. Repeal of Firearms Act 1958.
194. References
195. Licences authorities permits and schemes
196. Right to apply to court under section 189 before
commencement of part of Act
197. Appeals and rights to appeal
198. Sunset on licences and permits issued under repealed
provisions
199. Declarations
200. Prison officers
200A. Transitional provision-Firearms (Trafficking and
Handgun Control) Act 2003-dealers licences
200B. Transitional provision-Firearms (Trafficking and
Handgun Control) Act 2003-handgun licences
200C. Transitional provision-Firearms (Trafficking and
Handgun Control) Act 2003-applications for handgun licences
200D. Transitional provision-Firearms (Trafficking and
Handgun Control) Act 2003-firearms collectors licences
201. Consequential-Crimes Act 1958 and Magistrates' Court Act 1989.
202. Insertion of new section in Crimes Act 1958.
203. Consequential-Crimes (Family Violence) Act 1987.
204. Consequential-Court Security Act 1980.
205. Consequential-National Parks Act 1975.
206. Consequential-Second-Hand Dealers and Pawnbrokers Act 1989.
207. Consequential-Wildlife Act 1975.
208. Insertion of new section 60A in Wildlife Act 1975.
209. Transitional provisions-Control of Weapons and
Firearms Acts (Search Powers) Act 2003.
210. Transitional provision-handgun security guard licence
211. Transitional provisions-Firearms Amendment Act 2007.
212. Transitional provision-Justice Legislation Amendment Act 2008.
__________________
SCHEDULE 1-General Conditions for Licences under Part 2.
SCHEDULE 2-Special Conditions for Licences under Part 2.
1. Longarm licences for category A or B longarms
2. Longarm licences for category C longarms
3. Handgun licences for general category handguns
3A. Handgun licences for general category handguns-operators
of private security businesses
4. Junior licences
5. Firearms collectors licences
6. Firearms heirlooms licences
7. Firearms ammunition collectors licences
SCHEDULE 3-Non-prohibited Persons who are Exempt from Requirement to hold a Licence under Part 2.
SCHEDULE 4-Storage Requirements
1. Longarm licences for category A and B longarms
2. Longarm licences for category C or category D longarms and handgun licences for general category handguns
3. Firearms collectors licences
3A. Firearms collectors licences-section 122(1A)
4. Firearms heirlooms licences
5. Firearms ammunition collectors licences
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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