Victorian Consolidated Legislation

Firearms Act 1996 - SECT 11

Reasons for applying for a longarm licence, category C

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;

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

   (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

   (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

                (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;

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

   (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.

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

(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.





(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.