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FIREARMS ACT 1996 - SECT 87 Requirement to keep register of transactions

FIREARMS ACT 1996 - SECT 87

Requirement to keep register of transactions

    (1)     A licensed firearms dealer must ensure that a record of each transaction whereby—

        (a)     a firearm is acquired by the dealer or otherwise comes into the possession of the dealer; or

S. 87(1)(b) amended by No. 50/2007 s. 25(1).

        (b)     a firearm is disposed of, hired or loaned by the dealer or otherwise goes out of the possession of the dealer; or

        (c)     the dealer acts as an agent for the acquisition or disposal of a firearm

is recorded in a register of transactions.

Penalty:     120 penalty units or 2 years imprisonment.

    (2)     A licensed firearms dealer must ensure that the register of transactions contains in relation to each transaction—

        (a)     in the case of a firearm coming into the possession of the dealer—

S. 87(2)(a)(i) amended by No. 2/2024 s. 10(1).

              (i)     subject to subsection (2A), the prescribed particulars about the person who has given possession of the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and

S. 87(2)(a)(ii) amended by No. 52/2010 s. 19(a).

              (ii)     the make, type, calibre, action, serial number and, where known or available, model of the firearm; and

        (b)     in the case of a firearm going out of the possession of the dealer—

              (i)     where the case so requires, the permit to acquire; and

              (ii)     the prescribed particulars about the person who is acquiring possession of the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and

S. 87(2)(b)(iii) amended by No. 52/2010 s. 19(b).

              (iii)     the make, type, calibre, action, serial number and, where known or available, model of the firearm; and

        (c)     in the case of a firearm in respect of which the dealer is acting as an agent for the person acquiring the firearm

              (i)     where the case so requires, the permit to acquire; and

              (ii)     the prescribed particulars about the person who is acquiring the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and

S. 87(2)(c)(iii) amended by No. 52/2010 s. 19(c).

              (iii)     the make, type, calibre, action, serial number and, where known or available, model of the firearm; and

        (d)     in the case of a firearm in respect of which the dealer is acting as an agent for the person disposing of the firearm

              (i)     the prescribed particulars about the person who is disposing of the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and

S. 87(2)(d)(ii) amended by No. 52/2010 s. 19(d).

              (ii)     the make, type, calibre, action, serial number and, where known or available, model of the firearm; and

        (e)     any other prescribed particulars.

Penalty:     120 penalty units or 2 years imprisonment.

S. 87(2A) inserted by No. 2/2024 s. 10(2).

    (2A)     A licensed firearms dealer is not required to record in the register of transactions the name, address or licence number (if any) of a person from whom the dealer acquires a firearm in accordance with section 93(4)(da).

    (3)     A licensed firearms dealer must ensure that the register of transactions—

        (a)     is kept at the premises specified in the licence; and

        (b)     is kept in a place of safekeeping and separately from any place of safekeeping where firearms are kept; and

S. 87(3)(c) amended by No. 37/2014 s. 10(Sch. item 63.5).

        (c)     is available for inspection by a police officer at any reasonable time.

Penalty:     60 penalty units or 12 months imprisonment.

    (4)     A licensed firearms dealer must ensure that the record of a transaction or dealing is made immediately on the transaction taking place.

Penalty:     30 penalty units.

    (5)     A licensed firearms dealer must ensure that any entry in a register of transactions kept by him is kept for a period of 5 years after the entry is made in the register.

Penalty:     30 penalty units.

S. 87(6) inserted by No. 50/2007 s. 25(2).

    (6)     A person whose dealers licence has expired or has been suspended or cancelled must—

        (a)     keep the register of transactions in which he or she has kept his or her transactions for a period of 5 years after the last entry has been made in the register; or

        (b)     surrender the register of transactions kept by him or her to the Chief Commissioner of Police at any time during the period of 5 years after his or her licence expired or was suspended or cancelled.

Penalty:     30 penalty units.