FIREARMS ACT 1973 - SECT 11A
FIREARMS ACT 1973 - SECT 11A
11A . Genuine reason required in all cases
(1) An approval or
permit cannot be granted, and a licence cannot be issued, under this Act to a
person who, in the Commissioner’s opinion, has not been shown to have a
genuine reason for acquiring or possessing the firearm, major firearm part,
prohibited firearm accessory or ammunition for which the approval, permit, or
licence is sought.
(2) A person has a
genuine reason for acquiring or possessing a firearm, major firearm part,
prohibited firearm accessory or ammunition if and only if —
(a) it
is for use by the person as a member of an approved shooting club and the
person is an active and financial member of the club; or
(b) it
is for use by the person as a member of an organisation approved under this
paragraph; or
(c) it
is for use in hunting or shooting of a recreational nature on land the owner
of which has given written permission for that hunting or shooting; or
(d) it
is required by the person in the course of the person’s occupation; or
(da) in
the case of a prescribed paintball gun, it is required by the person to
conduct or engage in paintball in accordance with this Act; or
(e) it
is to form part of a genuine firearm collection or genuine ammunition
collection; or
(f) it
is for another approved purpose.
(3) A person does not
have a genuine reason for acquiring or possessing a firearm, major firearm
part or ammunition of a particular kind unless the Commissioner is satisfied
not only as to the person’s reason for acquiring or possessing a
firearm, major firearm part or ammunition but also that the particular kind of
firearm, major firearm part or ammunition can be reasonably justified.
(4) The reasons
described in subsection (2)(e) are not genuine reasons for acquiring or
possessing a firearm, major firearm part or ammunition under a licence other
than a Firearm Collector’s Licence or an Ammunition Collector’s
Licence.
(5) Approval cannot be
given under subsection (2)(f) to the possession of a firearm or ammunition for
the purpose of personal protection.
(6) Regulations made
under section 34 may limit the purposes that may be approved under subsection
(2)(f).
[Section 11A inserted: No. 59 of 1996 s. 12;
amended: No. 69 of 2004 s. 6 and 14; No. 13 of 2022 s. 16.]