• Specific Year
    Any

FIREARMS ACT 1996 - SECT 11 Reasons for applying for a longarm licence, category C

FIREARMS ACT 1996 - SECT 11

Reasons for applying for a longarm licence, category C

    (1)     The Chief Commissioner must not issue a longarm licence for category C longarms unless—

        (a)     the applicant can demonstrate that the licence is required for one of the following reasons—

              (i)     primary production;

              (ii)     professional hunting;

              (iii)     clay target shooting;

S. 11(1)(a)(iv) amended by Nos 26/1997 s. 19(1)(a), 22/1998 s. 6(1).

              (iv)     an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations;

S. 11(1)(a)(v) inserted by No. 26/1997 s. 19(1)(b).

              (v)     possessing a category C longarm, being a shotgun, for carriage and use by the holder of a junior licence for the purpose of clay target shooting; and

        (b)     the applicant has a genuine need to possess, carry or use a category C firearm which relates to the applicant's reason for requiring the licence and which cannot be satisfied by a category A or B firearm or by other means.

    (2)     For the purposes of demonstrating that the licence is required for—

        (a)     primary production, the applicant must produce evidence that he or she is substantially engaged in the business of primary production as an owner, lessee or manager of land used for primary production or is a person employed, full time, in such a business;

        (b)     professional hunting, the applicant must produce evidence that he or she is substantially dependant on hunting as a source of income and enters into formal engagements or contracts to hunt professionally;

        (c)     clay target shooting, the applicant must—

              (i)     be a member of a clay target shooting club or organisation approved by the Chief Commissioner; and

S. 11(2)(c)(ii) substituted by No. 22/1998 s. 6(2)(a).

              (ii)     engage in clay target shooting only at a place which is authorised by or under this Act as a place at which clay target shooting may take place; and

              (iii)     either—

    (A)     satisfy the Chief Commissioner that he or she is physically unable to compete in clay target shooting competitions unless he or she uses a category C longarm which is a semi-automatic or pump action shotgun; or

S. 11(2) (c)(iii)(B) amended by No. 22/1998 s. 6(2)(b).

    (B)     be a person who, on 15 November 1996, possessed a semi-automatic or pump action shotgun registered under the Firearms Act 1958 for use in clay target shooting and who was, on that date, a member of a club affiliated with the Australian Clay Target Association or the Victorian Field and Game Association Incorporated or the Field and Game Federation of Australia Incorporated; and

              (iv)     demonstrate other prescribed requirements;

S. 11(2)(d) substituted by No. 22/1998 s. 6(2)(c).

        (d)     for a purpose specified in subsection (1)(a)(iv), the applicant must produce evidence that the licence is required for that purpose;

S. 11(2)(e) inserted by No. 26/1997 s. 19(2).

        (e)     possessing a category C longarm, being a shotgun, for carriage and use by the holder of a junior licence for the purpose of clay target shooting, the applicant must—

              (i)     demonstrate that the person who carries and uses the longarm is the holder of a junior licence and is a member of a clay target shooting club or organisation approved by the Chief Commissioner; and

              (ii)     be a member of a clay target shooting club or organisation approved by the Chief Commissioner;

              (iii)     demonstrate other prescribed requirements.

S. 11(3) amended by No. 26/1997 s. 19(3).

    (3)     The Chief Commissioner may approve any clay target shooting club or clay target shooting organisation for the purposes of this Act.

S. 11(4) inserted by No. 22/1998 s. 6(3).

    (4)     A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time.

S. 11(5) inserted by No. 22/1998 s. 6(3).

    (5)     The Chief Commissioner may—

        (a)     impose conditions on any approval under subsection (3); and

        (b)     after notifying the holder of the approval, alter any such condition.