Victorian Consolidated Legislation

Firearms Act 1996 - SECT 45

Disposal of firearms where licence not renewed

45. Disposal of firearms where licence not renewed



(1) A person whose licence is not renewed does not commit an offence under
this Part if he or she possesses or carries a firearm held under that licence-

   (a)  if no application for review has been made against the decision not to
        renew the licence, for 28 days after the licence expires, for the
        purposes of disposing of the firearm; or

   (b)  if an application for review has been made against the decision not to
        renew the licence, for 28 days after the confirmation of the decision,
        for the purposes of disposing of the firearm.

(2) If a condition on a licence is altered or varied under section 43, the
holder of the licence does not commit an offence under this Part if he or she
possesses or carries a firearm held under that licence which must be disposed
of because of that alteration or variation for a period of 28 days after the
alteration or variation for the purposes of disposing of the firearm.

(3) A person who is disposing of a category A or B longarm in the
circumstances to which subsection (1) or (2) applies must dispose of that
firearm to a licensed firearms dealer.

Penalty: 60 penalty units or 12 months imprisonment.

(4) A person who is disposing of a category C or D longarm or a general
category handgun in the circumstances to which subsection (1) or (2) applies
must dispose of that firearm to a licensed firearms dealer.

Penalty: 120 penalty units or 2 years imprisonment.

(5) A person who is disposing of a category E longarm or a category E handgun
in the circumstances to which subsection (1) or (2) applies must dispose of
that firearm in the manner specified in the licence.

Penalty: 240 penalty units or 4 years imprisonment.

Division 9-Suspension and cancellation of licences under this Part