Victorian Consolidated Legislation

Firearms Act 1996 - SECT 3A

Temporary declarations by the Chief Commissioner for the purposes of certain definitions

3A. Temporary declarations by the Chief Commissioner for the purposes of
certain definitions



(1) The Chief Commissioner may, for the purposes of-

   (a)  paragraph (f) of the definition of category D longarm; or

   (b)  paragraph (c) of the definition of category E handgun; or





   (c)  paragraph (f) of the definition of category E longarm-

in consultation with the Minister, by instrument, declare a firearm or type of
firearm to be a category D longarm, a category E handgun or a category E
longarm (as the case may be).

(2) The Chief Commissioner must cause a declaration made under subsection (1)
to be published in the Government Gazette as soon as practicable after the
declaration is made.

(3) A declaration under subsection (1) remains in force for a period of 12
months from the day on which it is published unless it is revoked during that
time by the Chief Commissioner.

(4) The Chief Commissioner must notify each person whom the Chief Commissioner
is aware is in possession of a firearm to which a declaration under subsection
(1) applies of the declaration.

(5) The Chief Commissioner must not make a declaration referred to in
subsection (1) in respect of the same type of firearm more than once.

(6) If the Chief Commissioner makes a declaration under subsection (1)
declaring a firearm or a type of firearm to be of a particular category and
there is in force a regulation prescribing another category for the firearm or
type of firearm-

   (a)  the declaration has effect despite the regulation; and

   (b)  the regulation is to be taken to have no force or effect for so long
        as the declaration is in force.

(7) In any proceeding for an offence under section 6(4), 6(5) or 7(2) in
respect of a firearm that is declared to be a category D longarm, a category E
handgun or a category E longarm, it is a defence to the charge if the person
has not been notified by the Chief Commissioner of the declaration under
subsection (4).