Victorian Consolidated Legislation

Firearms Act 1996 - SECT 54

Persons who are exempt from the Part

54. Persons who are exempt from the Part



(1) Any non-prohibited person who is of a category of persons specified in an
item in Column 1 of Schedule 3 who possesses, carries or uses a registered
firearm in the circumstances set out in that item in Column 2 of Schedule 3
does not commit an offence against section 6 or 7 for so doing and is not
required to hold a licence under this Part.

(2) If a person receives instruction in the use of a general category handgun
in accordance with the exemption set out in item 4 or 5A of Schedule 3, the
person who gives the instruction, must, on each occasion on which that person
gives that instruction, so notify the Chief Commissioner in the form approved
by the Chief Commissioner.



(3) A notification under subsection (2) must-





   (a)  contain any information as to the identity of the person and the
        person who has given the instruction that the Chief Commissioner
        requires; and

   (b)  be signed by the person giving the notice; and

   (c)  must be given to the Chief Commissioner within 7 days of the day on
        which the person receives the instruction.

(4) As part of a notification under subsection (2), the Chief Commissioner may
require the person giving the notification to make a declaration-

   (a)  that he or she has questioned the person as to whether or not the
        person is a prohibited person; and

   (b)  that he or she has questioned the person as to the number of occasions
        on which the person has received instruction in the use of a general
        category handgun; and

   (c)  that based on the answers he or she received in response to those
        questions, and on any other relevant facts available to him or her-

   (i)  whether or not he or she believes that the person is a prohibited
        person; and

   (ii) the number of occasions on which he or she believes that the person
        has received instruction in the use of a general category handgun.



(5) A person must not give false information in a notification under
subsection (2).

Penalty: 120 penalty units or 2 years imprisonment.

(6) A person who is questioned under subsection (4) must not knowingly or
recklessly give false information in response to a question asked of him or
her under that subsection.

Penalty: 120 penalty units or 2 years imprisonment.