FIREARMS ACT 1996
Table of Provisions
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
- 3C Chief Commissioner may allow a person to continue to be licensed or renew firearms licence following temporary or permanent declaration
- 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 firearms
- 8 Offence to acquire, dispose of possess or carry cartridge ammunition for collections
- 8A Proof of registration of firearm
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
- 39A Extension of junior licence after 18 years
- 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
- 43B Review of decision as to period of variation
- 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
- 46A Cancellation of licence held by non‑resident
- 46B Immediate cancellation under National Domestic Violence Order Scheme Act 2016
- 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
- 49A Restrictions on application for licence following cancellation
- 49B Review of decision as to period of disqualification
- 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
- 54AA Health service workers who are exempt from this Part
- 54AB Exemption of person exercising power under the Education and Training Reform Act 2006
- 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
- 57B Permits to assist in emergency or natural disaster
- 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 1AA--Definition
- 59AA Definition
Division 1--Licensing of firearms dealers
- 59 Offence to carry on business of dealing in firearms
- 59A Offence to manufacture firearms or to possess parts etc. for the purpose of manufacturing 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
- 76A Immediate cancellation of a dealers licence under National Domestic Violence Order Scheme Act 2016
- 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
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
- 100B Extension of hire or loan 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
- 101C Licensed firearms dealer sending firearms or firearms parts by post to another licensed firearms dealer
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 4A--FIREARM PROHIBITION ORDERS
Division 1--Definitions
- 112A Definitions
Division 2--Firearm prohibition order offences
- 112B Offence to acquire, possess, carry or
- 112C Offence as to disposal of a firearm etc. to an individual to whom a firearm prohibition order applies
- 112CA Offence to fail to notify Chief Commissioner of change of address
Division 3--Firearm prohibition orders
- 112D Making a firearm prohibition order
- 112E Considerations for making a firearm prohibition order
- 112F Delegation of power to make order
- 112G Form and content of order
- 112H Cancellation of licences and permits
- 112I Service of order
- 112J Duration of order
- 112K Revocation of order
Division 4--Reviews as to firearm prohibition orders
- 112L Review of decision to make a firearm prohibition order
- 112M Further right to apply for review of decision to make firearm prohibition order
- 112N Protected information
Division 5--Further offences and enforcement
- 112O Offence for individual to whom a firearm prohibition order applies to enter or remain on certain premises
- 112P Offence to fail to surrender firearms or firearm related items on service of order
- 112Q Search of premises, vehicles, vessels or aircraft without warrant or consent
- 112R Search of individual to whom firearm prohibition order applies without warrant or consent
- 112S Search of an accompanying person without warrant or consent
- 112T Dealing with firearms or firearm related items surrendered or seized under this Part
- 112U Certain references to prohibited person to include references to an individual to whom a firearm prohibition order applies
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 Offences as to possession, carriage and use of firearms in certain places
- 131 Offence to possess, carry or use a firearm on private property without consent
- 131A Offence to discharge firearm at a premises or vehicle
- 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 with no serial number
- 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 Firearms found on premises or vehicle
PART 8--FURTHER ENFORCEMENT POWERS
- 146 Warrants to search premises
- 147 Announcement before entry
- 148 Copy of warrant to be given to occupier or person in charge of vehicle
- 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 Powers that may be exercised by authorised officers appointed under other Acts
- 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
PART 10A--FIREARM PROHIBITION ORDERS, REPORTING AND THE IBAC
Division 1--Definitions
- 171 Definitions
Division 2--Annual reporting obligations
- 172 Information to be included in annual reports
Division 3--Monitoring the administration of Part 4A and this Part
- 173 IBAC to monitor exercise of powers etc. under Part 4A and this Part
- 174 Reports to the Minister on monitoring
- 174A Request for action after monitoring
Division 4--IBAC Ministerial report
- 174B IBAC Ministerial report
- 174C Timing of IBAC Ministerial report
- 174D Tabling IBAC Ministerial reports
Division 5--Reporting on the issue of firearm prohibition orders
- 174E Chief Commissioner report on issued firearm prohibition orders
- 174F The IBAC review of the issue of firearm prohibition orders
- 174G Preliminary processes
- 174H Conduct of review
- 174I The IBAC may request that certain action be taken
Division 6--General
- 174J Non-production of documents and other things in applicable proceeding, process or action
- 174K Exemption from Freedom of Information Act 1982
- 174L Disclosure of information by Chief Commissioner under this Part
- 174M Powers of entry and inspection
- 174N IBAC to be given reasonable assistance
- 174O Chief Commissioner to keep records
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
- 182A Time period for making application for review to VCAT
- 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
- 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
- 213 Transitional provisions—Family Violence Protection Act 2008
- 214 Transitional Provisions—Stalking Intervention Orders Act 2008
- 215 Transitional provision—Firearms and Other Acts Amendment Act 2010—interstate licence holders
- 216 Transitional provision—Firearms and Other Acts Amendment Act 2010—imitation firearms
- 217 Transitional provision—Firearms Amendment Act 2018—trafficking
- 218 Transitional provision—Firearms Amendment Act 2018—possession, carriage and use of firearms in certain places
- 219 Transitional provision—Firearms Amendment Act 2018—applications for licences
- 220 Transitional provision—Firearms Amendment Act 2018—suspended licences
- 221 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—lever action shotguns
- 222 Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—trafficking