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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  
   4.      Act binds the Crown  

   PART 2--POSSESSION, CARRIAGE OR USE OF FIREARMS AND RELATED ITEMS

   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  
   8A.     Proof of registration of firearm  
   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  
   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  
   17.     General discretion of Chief Commissioner to refuse a longarm or handgun licence  
   18.     Issue of junior licences  
   19.     Conditions applying to junior licences  
   20.     General discretion of Chief Commissioner to refuse a junior licence  
   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  
   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  
   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  
   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  
   46.     Immediate cancellation of a licence  
   46A.    Cancellation of licence held by non‑resident  
   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  
   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  
   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

   59.     Offence to carry on business of dealing in firearms  
   59A.    Offence to manufacture 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  
   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  
   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  
   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  
   91.     Display of firearms by dealers  
   92.     Display Offences  
   92A.    Permits for theatrical armourers  

   PART 4--ACQUISITION AND DISPOSAL OF FIREARMS AND RELATED ITEMS

   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  
   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

   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  
   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  
   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 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.   Authorised officers under the Conservation, Forests and Lands Act 1987 and Victorian Fisheries Authority Act 2016 to exercise powers under this Act  
   153B.   Duty to make records concerning searches  
   153C.   Annual reports  

   PART 9--FIREARMS APPEALS 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  
   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  
   170.    Penalties to be paid for offences under infringement notices  

   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  
   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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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