Victorian Consolidated Legislation

Firearms Act 1996 - SECT 3B

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

3B. Permanent declarations by the Chief Commissioner for the purposes of
certain definitions



(1) The Chief Commissioner, by instrument, may declare a firearm or type of
firearm that would otherwise be a category A longarm, category B longarm or
category C longarm to be-

   (a)  a category D longarm; or

   (b)  a category E longarm-

if the Chief Commissioner is satisfied that the firearm or type of firearm
subject to the declaration is designed or adapted for military purposes, or
substantially duplicates a firearm of that type in design, function or
appearance.

(2) In choosing whether a firearm or type of firearm is to be declared a
category D longarm or category E longarm, the Chief Commissioner must have
regard to which of those categories the firearm or type of firearm most
closely resembles.

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

(4) A declaration under subsection (1) takes effect on the day it is published
in the Government Gazette or on the later day specified in the declaration.

(5) 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.





(6) If the Chief Commissioner makes a declaration under subsection (1)
declaring a firearm or a type of firearm to be a category D longarm or a
category E longarm, the firearm or type of firearm is, for the purposes of
this Act, taken to be a firearm or type of firearm of that category only,
despite anything to the contrary in section 3 or 3A or the regulations.

(7) In any proceeding for an offence under section 6(4) or 6(5) in respect of
a firearm that is declared under subsection (1) to be a category D longarm 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 (5).