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This is a Bill, not an Act. For current law, see the Acts databases.
FIREARMS AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Firearms
Amendment Bill 2008
Contents
Page
Part
1.1 Firearms Act 1996 239
Part 1.2 Prohibited
Weapons Act 1996 241
Part 2.1 Court
Procedures Act 2004 245
Part 2.2 Crimes
(Sentence Administration) Regulation 2006 245
Part 2.3 Domestic
Violence and Protection Orders Act 2001 246
Part 2.4 Fair
Trading Act 1992 247
Part 2.5 Spent
Convictions Act 2000 247
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Firearms Amendment
Bill 2008
A Bill for
An Act to amend the Firearms Act 1996 and the Prohibited Weapons
Act 1996, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Firearms Amendment Act 2008.
(1) This Act (other than a provision mentioned in subsection (2))
commences on a day fixed by the Minister by written notice.
(2) The following provisions commence 1 year after this Act’s
notification day:
• section 71
• section 72
• section 80
• part 4
• schedule 1, amendments 1.14 and 1.16
• schedule 2, amendment 2.4.
(3) The Legislation Act, section 79 (Automatic commencement of postponed
law) does not apply to a provision mentioned in subsection (2).
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision (other than a provision mentioned in
subsection (2)) has not commenced within 6 months beginning on the notification
day, it automatically commences on the first day after that period (see
Legislation Act, s 79).
3 Legislation
amended—pt 2
This part amends the Firearms Act 1996.
Note The Act is also amended in sch 1.
4 New
sections 2 to 2B and part 1A heading
insert
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘explosive—see the Dangerous Substances Act
2004, section 73.’ means that the term ‘explosive’ is
defined in that section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
2A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
2B Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• offences against pt 3 (Firearms licences)
• offences against pt 3C (Permits to acquire firearms)
• offences against pt 4 (Registration of firearms and firearm
users)
• s 62 (Offence—failing to comply with storage
requirements)
• offences against pt 6 (Firearms dealers) (other than s 70 (1) to
(3) and s 71)
• offences against pt 7 (Enforcement)
• offences against pt 8 (Offences) (other than s 80 to s 82, s 85 to
s 92, s 94 to s 96, s 97 (1) and (2), s 100, s 101, s 103, s 104 and
s 106 to s 109).
The Criminal Code, ch 2 sets out the general principles of criminal
responsibility (including burdens of proof and general defences), and defines
terms used for offences to which the Code applies
(eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part 1A Important
concepts
5 Definitions
for ActSection 4, definitions of
acquire, airgun, ammunition, approved shooting
range, authorised instructor, authorised member, chief police
officer, composite entity, dealer’s licence, employee,
endorsed, firearm, firearm part, firearms dealer,
firearms prohibition order, genuine reason, occupier, possession,
principal, prohibited firearm and prohibited
pistol
omit
6 Section
4, definitions (as amended)
relocate to dictionary
omit
substitute
4A Meaning of
firearm—Act
(1) In this Act:
firearm—
(a) means a gun, or other weapon, that is, or at any time was, capable of
propelling a projectile by means of an explosive force, however caused;
and
(b) includes—
(i) a blank fire firearm; and
(ii) an airgun; and
(iii) a paintball marker; and
(iv) something declared to be a firearm under section 5; and
(v) a modified item.
(2) However, firearm does not include—
(a) something prescribed by regulation not to be a firearm; or
(b) something declared not to be a firearm under section 5.
(3) In this section:
modified item means something that would be a firearm
if—
(a) it did not have something missing from it, or a defect or obstruction;
or
(b) something had not been added to it.
4AB Meaning of prohibited
firearm—Act
(1) In this Act:
prohibited firearm—
(a) means—
(i) a firearm described in schedule 1; and
(ii) a firearm prescribed by regulation; and
(iii) something declared to be a prohibited firearm under section 5;
and
(b) includes a modified firearm.
Note A prohibited firearm includes a
prohibited pistol (see sch 1, items 19 to
21).
(2) However, prohibited firearm does not include something
declared not to be a prohibited firearm under section 5.
(3) A regulation may amend schedule 1 by—
(a) adding the name or description of a firearm; or
(b) amending a name or description of a firearm to more accurately
describe the firearm; or
(c) omitting the name and description of a firearm.
(4) In this section:
modified firearm means a firearm that would be a prohibited
firearm if—
(a) it did not have something missing from it, or a defect or obstruction;
or
(b) something had not been added to it.
4AC Meaning of
acquire—Act
(1) In this Act:
acquire, a firearm or ammunition, means—
(a) buy, accept, receive or otherwise take possession of the firearm or
ammunition; but
(b) does not include take temporary possession of the firearm.
(2) In this section:
temporary possession of a firearm—a person takes
temporary possession of a firearm—
(a) if the person is a licensed firearms dealer who has possession of the
firearm to—
(i) repair, maintain or test it; or
(ii) store it for the person who gave it to the dealer; or
(b) if the person is a registered principal for, or registered user of,
the firearm and the person has possession of the firearm; or
(c) if the person is authorised to possess or use the firearm under
section 4BD (Authority to possess and use firearms temporarily) and the person
has possession of the firearm; or
(d) if the firearm is a paintball marker, the person is authorised to
possess, use or store the paintball marker under section 4BE (Paintball
markers—authority to possess, use or store) and the person has possession
of the paintball marker; or
(e) in any other circumstances prescribed by regulation.
4AD Meaning of
dispose—Act
In this Act:
dispose, of a firearm, means sell, give away or otherwise
transfer possession of the firearm.
4B Meaning of
possession—Act
(1) For this Act, a person has possession of a firearm if
the person—
(a) has the firearm on his or her person, including in something carried
or worn by the person (physical possession); or
(b) has the firearm at premises owned, leased or occupied by the person;
or
(c) otherwise has the care, control or management of the
firearm.
Example—possession
Simon buys a firearm illegally. He hands it to Penny to look after it for
him while he appears in court. Simon still has the care, control or management
of the firearm and so has possession of the firearm. Penny holds the firearm
and also has possession of the firearm.
Note 1 Premises includes vehicles (see dict).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Also, for this Act, a person has possession of a firearm
if—
(a) part of the firearm is in the person’s possession; and
(b) other parts of the firearm are in the possession of 1 or more other
people; and
(c) at least 1 of the other people is in possession of the other part or
parts for an agreed purpose with the person; and
(d) the parts would make up the firearm if fitted together.
4BA Evidence of possession—firearms at
premises
(1) For this Act, a person is not taken to have possession of a firearm
only because the firearm is at premises owned, leased or occupied by the person
if—
(a) the person does not know that the firearm is at the premises;
or
Example
Stuart buys a house from Bob. The house has ducted heating, and the old
fireplace cannot be used. Bob owns a firearm but, before moving out, he hides
it in a cavity in the house’s chimney. Stuart does not know that Bob hid
the firearm in the chimney. Stuart does not have possession of the firearm
because he does not know that the firearm is in the chimney.
(b) someone else who is authorised to possess the firearm—
(i) is also at the premises; or
(ii) has the care, control or management of the firearm; or
Example—par (b)
(i)
Charlotte is giving Bruce a lift in her car to a shooting range. Bruce is
licensed and has his registered firearm with him. Charlotte is not in
possession of the firearm because Bruce is authorised to possess the firearm and
he is in the car.
Example—par (b)
(ii)
Isabel and Roy share a house. Roy is licensed and stores his registered
firearm in the house. Isabel does not have access to the firearm and has
nothing to do with it. Isabel is not in possession of the firearm even when
Roy, the person authorised to possess the firearm, is not at the house, because
Roy is the person who has the care, control or management of the
firearm.
Note 1 Premises includes vehicles
(see dict).
Note 2 An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(c) someone else who is not authorised to possess the firearm has the
care, control or management of the firearm; or
(d) the trier of fact is otherwise satisfied that the person was not in
possession of the firearm.
(2) To remove any doubt, a defendant to a prosecution for an offence
against this Act who wishes to rely on a matter mentioned in subsection (1) has
the evidential burden in relation to the matter.
4BB Evidence of possession—care, control or
management of firearm
(1) To work out whether a person has the care, control or management of a
firearm for this Act, each of the following must be considered:
(a) whether the person knows about the firearm;
(b) whether the person can use or dispose of the firearm;
(c) whether the person can control or prevent someone else from using or
having physical possession of the firearm.
(2) In this section:
physical possession—see section 4B (1)
(a).
4BC Taking possession under credit
contract
(1) For this Act—
(a) a person who takes possession of a thing under a credit contract is
taken to have acquired it; and
(b) the person who possessed the thing immediately before parting with
possession is taken to have disposed of it.
(2) In this section:
credit contract—see the Credit Act 1985,
dictionary.
4BD Authority to possess and use firearms
temporarily
(1) A person is authorised to possess or use a firearm if—
(a) the person is a licensee to whom the firearm is lent by someone else
(the lender) during a shooting or paintball competition;
and
(b) the licensee is licensed to use a firearm of the same kind as the
firearm lent; and
(c) the lender is a licensee; and
(d) the lender is present while the person to whom the firearm is lent has
possession of the firearm.
(2) A person is authorised to possess or use a firearm if—
(a) the person has possession of the firearm on an approved shooting range
to receive instruction in the use of the firearm; and
(b) the person is under the immediate supervision of an authorised
instructor; and
(c) either—
(i) the firearm is owned by the authorised instructor; or
(ii) the firearm is owned by an approved club, and the authorised
instructor is a registered user of the firearm.
(3) A person is authorised to possess or use an airgun if the
person—
(a) has possession of it for shooting at a shooting gallery, show, fair or
amusement centre; and
(b) is under the immediate supervision of—
(i) the registered owner or a registered user of, or the registered
principal for, the airgun; or
(ii) for an airgun owned by someone from a State or another Territory who
holds a licence or permit (however described) (an interstate
licence) in force under the law of the State or Territory that
authorises the use or possession of the airgun—the owner or someone
employed by the owner who holds an interstate licence.
(4) A person is authorised to possess or use a firearm in any other
circumstances prescribed by regulation.
4BE Paintball markers—authority to possess, use
or store
(1) This section applies in relation to the possession or use of a
paintball marker in the ACT at an approved paintball range operated by the
paintball range operator for the range.
(2) The paintball range operator, and an adult employee of the operator,
are authorised to possess or use the paintball marker if the possession is in
the course of the operation of the paintball range or the employee’s
employment.
(3) An adult is authorised to possess or use the paintball marker
if—
(a) the marker is in the person’s possession with the knowledge and
approval of the paintball range operator or an adult employee of the operator;
and
(b) the person is taking part in a paintball activity conducted by the
operator.
(4) The paintball range operator is authorised to store, for the holder of
a paintball marker licence, a registered paintball marker held under the
licence.
Note See s 63 (Offence—storage requirements for category A,
category B and paintball marker licences).
4BF Meaning of close associate of firearms
dealer etc—Act
(1) For this Act, an entity is a close associate of a
licensed firearms dealer if—
(a) the entity—
(i) holds or will hold a financial interest, or is or will be entitled to
exercise a relevant power, in the dealer’s business; and
(ii) is able, or will be able, to exercise significant influence in
relation to the conduct of the business because of the interest or power;
or
(b) the entity holds or will hold a relevant position in the
dealer’s business.
(2) In this section:
exercise a power includes exercise the power for someone
else.
financial interest, in relation to a business,
means—
(a) a share in the capital of the business; or
(b) an entitlement to receive income derived from the business, however
the entitlement arises.
hold a position includes hold the position for someone
else.
licensed firearms dealer includes an applicant for a firearms
dealer licence.
power means a power exercisable—
(a) by voting or otherwise; and
(b) alone or with others.
relevant position, in a business, means a position (however
described) whose holder takes part in the management of the business.
relevant power, in relation to a business, means a
power—
(a) to take part in a directorial, managerial or executive decision for
the business; or
(b) to elect or appoint a person to a relevant position in the
business.
4BG Assessing suitability of
individuals
(1) This section applies if the registrar is deciding an
individual’s suitability in relation to—
(a) an authorisation mentioned in section 14 (b) (Authorised instructors
and club members); or
(b) an application under this Act; or
(c) the cancellation of a licence; or
(d) whether the individual is a prohibited person under section 66B
(Meaning of prohibited person for licensed firearms dealers).
Note The registrar must or may decide an individual’s
suitability in relation to the following applications and licences:
• applications for adult firearms licences (see s 22), firearms
dealer licences (see s 30), minors firearms licences (see s 42H) and
composite entity firearms licences (see s 42Y);
• cancellation of adult firearms licences (see s 41), minors firearms
licences (see s 42R) and composite entity firearms licences (see
s 42ZN).
(2) In making the decision, the registrar—
(a) must consider any discretionary criteria under section 4BH that apply
to the individual; and
(b) must—
(i) consider whether any of the mandatory criteria under section 4BI are
satisfied in relation to the individual; and
(ii) if 1 or more criteria are satisfied—decide that the individual
is not suitable.
4BH Assessing suitability of
individuals—discretionary criteria
(1) For section 4BG, the following are the discretionary criteria in
relation to an individual:
(a) whether the registrar believes on reasonable grounds that, because of
the individual’s physical or mental health, the individual may not handle
firearms responsibly;
Note 1 Under s 20, the registrar may
require the applicant for an adult firearms licence to give the registrar stated
further information or documents that the registrar reasonably needs to decide
the application. This could include a document that is a consent to the
disclosure of personal health information (see s 20 (3)).
Note 2 See also s 42F (Minors firearms
licences—requirement for further information etc) and s 42W (Composite
entity firearms licences—requirement for further information
etc).
(b) whether, during the 10 years before the day the registrar decides
the individual’s suitability, the individual has—
(i) been released (whether on parole or otherwise) after serving a term of
imprisonment or detention; or
(ii) been subject to a protection order or corresponding order that has
been revoked; or
(iii) been subject to an interim protection order or corresponding order;
or
(iv) been convicted or found guilty of an offence (other than a prescribed
offence)—
(A) against this Act or a corresponding law; or
(B) in the ACT or elsewhere involving violence, drugs, alcohol or weapons;
or
Note A conviction does not include a spent conviction—see the
Spent Convictions Act 2000, s 16 (c) (i).
(v) given an undertaking to a court, in the ACT or elsewhere, to keep the
peace or be of good behaviour; or
(vi) had his or her licence or permit suspended or cancelled;
(c) whether the registrar believes on reasonable grounds that information
held by a law enforcement agency in relation to the individual indicates that it
would be contrary to the public interest for the individual to have access to a
firearm;
Note The Minister may make guidelines
about the making of decisions about the public interest under this paragraph
(see s 12A).
(d) any other criteria prescribed by regulation.
(2) In this section:
law enforcement agency means each of the following:
(a) the Australian Federal Police;
(b) the police service or force of a State, another Territory or a foreign
country;
(c) the Australian Customs Service;
(d) the Australian Crime Commission;
(e) the Commonwealth CrimTrac Agency;
(f) the New South Wales Independent Commission Against Corruption or a
similar entity established under the law of another State or
Territory;
(g) the New South Wales Crime Commission or a similar entity established
under the law of another State or Territory;
(h) an entity prescribed by regulation.
prescribed offence means—
(a) an offence—
(i) against this Act or a corresponding law; or
(ii) in the ACT or elsewhere involving violence, drugs, alcohol or
weapons; and
(b) an offence punishable by imprisonment for longer than 1
year.
4BI Assessing suitability of
individuals—mandatory criteria
(1) For section 4BG, the following are the mandatory criteria in relation
to an individual:
(a) for an application for a licence other than a composite entity
firearms licence—the registrar believes on reasonable grounds that the
individual may not personally exercise continuous and responsible control over a
firearm because of the individual’s way of living or domestic
circumstances;
(b) within the 10 years before the day the registrar decides the
individual’s suitability, the individual has been—
(i) subject to a protection order or corresponding order (other than an
order that has been revoked or successfully appealed against); or
Note Successfully appealed against—see the
dictionary.
(ii) subject to an order under this Act or a corresponding law that
prohibits the person from possessing or using a firearm (other than an order
that has been successfully appealed against); or
(iii) convicted or found guilty of a prescribed offence in the ACT or
elsewhere;
(c) the individual is not suitable because of a reason prescribed by
regulation.
(2) In this section:
prescribed offence—see section 4BH (2).
4BJ Approval of courses etc by
registrar
(1) The registrar may approve the following for this Act:
(a) a firearms training course;
(b) a shooting competition;
(c) a paintball competition;
(d) an event involving firearms.
(2) An approval under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Part 1B Operation of
Act
4C Government-owned firearms
For this Act, a firearm owned by the Territory, a State or another
Territory for which the head of a government agency is responsible, is taken to
be owned by the agency.
Note The head of the agency is the principal for the firearm
(see s 42U).
4D People responsible for certain actions
etc
For this Act—
(a) a thing done for a composite entity is taken to have been done by the
entity; and
(b) a thing done in relation to a principal or employee of a composite
entity is taken to have been done in relation to the entity.
Note Composite entity and
principal—see s 42U.
4E People exempt from Act etc
(1) A person mentioned in schedule 2, part 2.2, column 2 is exempt
from this Act in relation to a firearm the person possesses or uses in the
circumstances mentioned in column 3 for the person.
(2) A person mentioned in schedule 2, part 2.3, column 2 does not commit
an offence against this Act in relation to a firearm the person possesses or
uses in the circumstances mentioned in column 3 for the person.
(3) A person mentioned in schedule 2, part 2.4, column 2 does not commit
an offence against this Act in relation to a firearm in the circumstances
mentioned in column 3 for the person.
(4) To remove any doubt, a defendant to a prosecution for an offence
against this Act who wishes to rely on a circumstance mentioned in schedule 2,
part 2.2, part 2.3 or part 2.4, column 3 has the evidential burden in relation
to the circumstance.
(5) For this section, a person is exempt from, or does
not commit an offence against, this Act including because of an
exception or immunity under a Commonwealth law.
Note 1 This Act can only bind the Crown in right of the Commonwealth
if regulations under the Australian Capital Territory (Self-Government) Act
1988, s 28 allow it to do so.
Note 2 A regulation may also exempt a person from this Act (see s
126 (2) (p)).
Part 1C Unregulated
firearms
4G Meaning of unregulated
firearm—Act
In this Act:
unregulated firearm—a thing is an unregulated
firearm if—
(a) the thing is designed, made or altered to be used as a firearm;
and
(b) the only practical use of the thing is as a firearm; and
(c) the thing is not a prohibited firearm; and
(d) the possession or use of the thing is not authorised under this
Act.
4H Unregulated firearms—seizure by
police
A police officer may seize a thing if the police officer believes on
reasonable grounds that the thing is an unregulated firearm and that the seizure
is necessary—
(a) because the thing would pose a risk to the safety of anyone if used;
and
(b) to prevent the thing from being used or concealed, lost or
destroyed.
4I Unregulated firearms—receipt for
seizure
(1) A police officer who seizes a thing under section 4H must give a
receipt for the thing to the person from whom it was seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the police officer must leave the receipt, secured
conspicuously, at the premises where it was seized (the place of
seizure).
(3) The receipt must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the police officer’s name, and how to contact the
officer;
(d) if the thing is removed from the place of seizure under
section 4J—the address of the place to which the thing is
removed.
4J Unregulated
firearms—examination
(1) A police officer who seizes a thing under section 4H (Unregulated
firearms—seizure by police) may remove the thing from the premises where
it was seized to another place for examination or processing, for not longer
than 7 days (the 7-day period).
(2) A police officer may apply to the Magistrates Court for an extension
of the 7-day period if the officer believes on reasonable grounds that the thing
cannot be examined or processed within that time.
(3) The police officer must, if practicable, give notice of the
application to the person from whom the thing was seized, and the person is
entitled to be heard on the application.
(4) The court may order the extension if satisfied on reasonable grounds
that the thing cannot be examined or processed within the 7-day
period.
(5) If a thing is moved to another place under this section, the police
officer must, if practicable, tell the person from whom the thing was seized (or
the person’s representative) the results of the examination or
processing.
4K Unregulated firearms—access to things
seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under section 4H (Unregulated firearms—seizure by police) may
inspect it.
4L Unregulated firearms—review of decision to
seize
(1) The registrar must review each seizure under section 4H (Unregulated
firearms—seizure by police) and order the return of the thing to the
person from whom it was seized if—
(a) when seized, the thing was not—
(i) an unregulated firearm; or
(ii) a prohibited firearm; or
(b) within 30 days after the day of seizure, the thing is not a prohibited
firearm; or
(c) the registrar has no reasonable grounds to believe that the thing is
connected with an offence against any of the following:
(i) this Act;
(ii) the Prohibited Weapons Act 1996;
(iii) the Crimes Act 1900;
(iv) the Criminal Code;
(v) another law prescribed by regulation.
(2) If a thing is ordered to be returned under subsection (1) to the
person from whom it was seized, but it cannot be returned, the Territory must
pay reasonable compensation to the owner of the thing for its loss.
(3) In this section:
offence includes an offence that there are reasonable grounds
for believing has been, is being or will be, committed.
4M Unregulated
firearms—forfeiture
(1) A thing seized under section 4H (Unregulated firearms—seizure by
police) is forfeited to the Territory if there is no requirement under section
4L—
(a) to return the thing to the person from whom it was seized;
or
(b) to pay compensation for the thing.
(2) A thing forfeited to the Territory may be destroyed or otherwise
disposed of as the chief executive directs.
Part 1D Declarations about
firearms
5 Firearms declarations by
registrar
(1) The registrar may, in accordance with any guidelines under
section 12A (Minister’s guidelines), do any of the
following:
(a) declare something to be a firearm;
(b) declare an unregulated firearm to be a prohibited firearm;
(c) declare that something is not a firearm or prohibited
firearm.
(2) A declaration remains in force for 3 months beginning on the day after
the day the declaration is notified under the Legislation Act.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The registrar must also publish the declaration in a daily newspaper
circulating in the ACT.
6 Effect of certain declarations
A person does not commit an offence against this Act in relation to the
possession or use of a thing that is the subject of a declaration under section
5 (1) (a) or (b) if the elements of the offence happen less than 2 days after
the day the declaration is notified under the Legislation Act.
substitute
10 Delegation by registrar
The registrar may delegate the registrar’s functions under this Act
to a police officer.
Note 1 For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Note 2 In particular, the delegation must be in writing (see
Legislation Act, s 232).
substitute
12 Reports and recommendations
The registrar must report to the Minister on any matter referred by the
Minister to the registrar for report.
12A Minister’s guidelines
(1) The Minister may make guidelines for this Act.
(2) Without limiting subsection (1), the Minister may make guidelines
about the making of the following decisions by the registrar:
(a) a decision about the public interest under section 4BH (1) (c)
(Assessing suitability of individuals—discretionary criteria);
(b) a decision under section 4BJ (Approval of courses etc by
registrar);
(c) a decision under section 5 (Firearms declarations by
registrar);
(d) a decision under this Act whether it is in the public interest
to—
(i) issue a licence; or
(ii) put a condition on a licence; or
(iii) suspend a licence;
(e) a decision about an authorisation under any of the following
sections:
(i) section 14 (Authorised instructors and club members);
(ii) section 36 (1) (e) (Adult firearms
licences—conditions);
(iii) section 42N (1) (b) (Minors firearms
licences—conditions);
(iv) section 42ZK (1) (f) (Composite entity firearms
licences—conditions);
(v) section 42ZQB (1) (e) (Temporary international firearms
licences—conditions);
(vi) section 98A (Offence—sale of ammunition by licensed firearms
dealers);
(vii) section 98B (Offence—sale of ammunition by authorised club
members);
(viii) section 99 (Offence—acquiring ammunition);
(ix) section 102 (Offences—defacing, altering and removing
identification marks);
(f) a decision about an approval under any of the following
sections:
(i) section 80 (Discharge etc of firearm—public places
etc);
(ii) section 81 (1) (b) (Discharge of firearm—general);
(iii) section 100 (Modification of firearms).
(3) The registrar must comply with any guidelines about the making of
decisions by the registrar.
(4) Also, without limiting subsection (1), the Minister may make
guidelines about the following:
(a) the safe storage of firearms on premises;
Note Premises includes vehicles
(see dict).
(b) making firearms inoperable;
(c) the operation of shooting ranges;
(d) the operation of paintball ranges;
(e) the correction of records required to be kept by licensed firearms
dealers under this Act.
(5) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
omit
section 16 (Offence of unauthorised possession or use of
firearms)
substitute
section 16 (Offence—unauthorised possession or use of prohibited
firearms) or section 16AA (Offence—unauthorised possession or use of
firearms other than prohibited firearms)
substitute
14 Authorised instructors and club
members
The registrar may, in writing, authorise—
(a) a licensee to give instruction in the use of firearms if the licensee
has completed an approved firearms training course; or
(b) a member of an approved club to sell ammunition if the registrar is
satisfied on reasonable grounds that the member is suitable.
Note For when an individual is or is not
suitable, see s 4BG.
in part 2, insert
15A Registrar’s approval to possess ammunition
as collector
(1) A person may apply to the registrar for approval to possess
ammunition.
Note 1 If a form is approved under s 125A for this provision, the
form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The registrar must approve the application unless prevented from doing
so by subsection (3).
(3) The registrar must not approve the application unless satisfied on
reasonable grounds that—
(a) the applicant is a collector of ammunition; and
(b) the collection of ammunition does not, and will not, consist of more
rounds of ammunition that are identical as to the following than the registrar
considers reasonable in the interests of public safety:
(i) manufacturer;
(ii) date of manufacture;
(iii) calibre or type;
(iv) if the ammunition bears a cartridge
headstamp—headstamp.
14 Part
3 and division 3.1 headings
substitute
Part 3 Firearms
licences
Division 3.1 Requirement for licence
etc
substitute
16 Offence—unauthorised possession or use of
prohibited firearms
A person commits an offence if the person—
(a) possesses or uses—
(i) 10 or more prohibited firearms; or
(ii) 3 or more prohibited firearms, but less than 10 prohibited firearms;
or
(iii) 1 or 2 prohibited firearms; and
(b) is not authorised by a licence, permit or otherwise under this Act to
possess or use each of the firearms.
Maximum penalty:
(a) for paragraph (a) (i)—imprisonment for 20 years; or
(b) for paragraph (a) (ii)—imprisonment for 14 years; or
(c) for paragraph (a) (iii)—imprisonment for 10 years.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
16AA Offence—unauthorised possession or use of
firearms other than prohibited firearms
(1) A person commits an offence if the person—
(a) possesses or uses—
(i) 10 or more firearms; or
(ii) 3 or more firearms, but less than 10 firearms; or
(iii) 1 or 2 firearms; and
(b) is not authorised by a licence, permit or otherwise under this Act to
possess or use each of the firearms.
Maximum penalty:
(a) for subsection (1) (a) (i)—imprisonment for 20 years;
or
(b) for subsection (1) (a) (ii)—imprisonment for 7 years;
or
(c) for subsection (1) (a) (iii)—imprisonment for 5 years.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) In this section:
firearm does not include a prohibited firearm.
16AB Alternative verdicts—unauthorised
possession or use of firearms
(1) This section applies if, in a prosecution for an offence against
section 16 (Offence—unauthorised possession or use of prohibited
firearms), the trier of fact is not satisfied that the defendant committed the
offence but is satisfied beyond reasonable doubt that the defendant committed an
offence against section 16AA.
(2) The trier of fact may find the defendant guilty of the offence against
section 16AA, but only if the defendant has been given procedural fairness
in relation to that finding of guilt.
16AC Offence—contravention of condition by
licensee etc
(1) A person commits an offence if the person—
(a) possesses or uses a prohibited firearm; and
(b) is authorised by a licence or permit to possess or use the firearm;
and
(c) contravenes a condition of the licence or permit.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
(2) A person commits an offence if the person—
(a) possesses or uses a firearm (other than a prohibited firearm);
and
(b) is authorised by a licence or permit to possess or use the firearm;
and
(c) contravenes a condition of the licence or permit.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(3) Subsections (1) and (2) do not apply to a condition that the licensee
or permit-holder must allow a police officer to enter to inspect facilities
if—
(a) the contravention involved refusing to allow a police officer to enter
or inspect facilities; and
(b) the refusal was reasonable in all the circumstances.
substitute
Division 3.2 Licensing
schemes—general
16A Definitions of some
licences—Act
In this Act:
adult firearms licence means a licence issued to an adult
under division 3.2A.
composite entity firearms licence means a licence issued to a
composite entity under division 3.2C.
minors firearms licence means a licence issued to a child
under division 3.2B.
temporary international firearms licence means a licence
issued under division 3.2D.
16B Offence—notice of lost, stolen and
destroyed licences
A licensee commits an offence if—
(a) the licence is lost, stolen or destroyed; and
(b) the licensee knows about the loss, theft or destruction; and
(c) the licensee fails to tell the registrar about the loss, theft or
destruction within 7 days after the day the licensee becomes aware of the loss,
theft or destruction.
Maximum penalty: 10 penalty units.
16C Offence—failing to surrender firearms when
licence suspended or cancelled
A person commits an offence if—
(a) the person’s licence is suspended or cancelled; and
(b) the person intentionally or negligently fails to surrender any firearm
in the person’s possession to a police officer—
(i) if the police officer is present and asks the person for the firearm,
and the person has the firearm—immediately; or
(ii) as soon as possible after the day the person is given notice of the
suspension or cancellation; or
(iii) if a longer time is stated in the notice—within the time
stated in the notice.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
16D Offence—failure to give up suspended or
cancelled licence
A person commits an offence if—
(a) the person’s licence is suspended or cancelled; and
(b) the person intentionally or negligently fails to give the licence to a
police officer—
(i) if the police officer is present and asks the person for the licence,
and the person has the licence—immediately; or
(ii) as soon as possible after the day the person is given notice of the
suspension or cancellation; or
(iii) if a longer time is stated in the notice—within the time
stated in the notice.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
16E Police may seize firearms under suspended and
cancelled licences
(1) A police officer may seize any firearm in a person’s possession
if a licence held by the person is suspended or cancelled.
(2) When the suspension of a licence ends, a police officer must return
any firearm seized under this section to the licensee if—
(a) the licence is in force or has not been further suspended;
or
(b) possession of the firearm is not otherwise prohibited under this
Act.
16F Licence renewals to be treated as fresh
applications
To remove any doubt, this Act applies to an application for the renewal of
a licence as if it were an application for a new licence.
substitute
17 Licence categories, kinds and authority conferred
by licence
(1) The categories of licences, the kinds of licences, the firearms to
which they apply, and the possession or use they authorise, are set out in
schedule 3.
(2) In addition to the firearms mentioned in schedule 3, column 3 that are
excluded from category C and D licences, a regulation may prescribe other
firearms that are excluded from the category.
(3) A regulation may prescribe subcategories of category H
licences.
(4) The possession or use authorised by a licence is subject to any
regulation.
(5) The registrar may declare the category of a firearm
if—
(a) the firearm does not have a category under this Act; or
(b) it is not clear to which category the firearm belongs.
Note Category, of firearm—see the
dictionary.
(6) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(7) The registrar must also publish the declaration in a daily newspaper
published and circulating in the ACT.
18 Authority
conferred by licence—additional
mattersSection 18 (2)
substitute
(2) A licence (other than a firearms dealer licence or paintball marker
licence) that authorises the licensee to use a firearm also authorises the
licensee, in accordance with this Act or another territory law, to acquire,
possess or use the calibre of ammunition made for use in the firearm.
Note 1 A licensee must not possess, at any one time, an amount of
ammunition that is more than the amount (if any) prescribed by regulation,
unless authorised in writing by the registrar (see s 36, s 42N, s 42ZK or
s 42ZQB).
Note 2 A licensee must not acquire ammunition unless the amount of
ammunition that is acquired at any one time is not more than the amount (if any)
prescribed by regulation (see s 99).
(2A) Unless a regulation prescribes otherwise, a category C licence does
not authorise the possession or use of a prohibited firearm for a shooting
competition.
substitute
Division 3.2A Licensing scheme—adult
firearms licences
19 Adult firearms
licences—applications
(1) An adult may apply to the registrar for an adult firearms
licence.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The application must—
(a) provide evidence of the applicant’s identity in accordance with
the requirements under the Financial Transaction Reports Act 1988
(Cwlth) that apply in relation to the opening of a bank account; and
(b) contain the information prescribed by regulation; and
(c) be accompanied by the documents prescribed by regulation.
19A Adult firearms licences—registrar to tell
applicant about training etc
On receiving an application for an adult firearms licence, the registrar
must give the applicant information about—
(a) any approved firearms training courses that must be completed by the
applicant; and
(b) the firearm storage and safety requirements under this Act.
20 Adult firearms licences—requirement for
further information etc
(1) This section applies to an application for an adult firearms
licence.
(2) The registrar may give the applicant a written notice requiring the
applicant to give the registrar stated further information or documents that the
registrar reasonably needs to decide the application.
(3) Without limiting subsection (2), if the registrar believes on
reasonable grounds that the applicant’s mental health may affect the
applicant’s ability to handle firearms responsibly, the registrar may ask
the applicant to consent to the disclosure to the registrar of personal health
information about the applicant from a health record relating to the
applicant.
Note The Health Records (Privacy and Access) Act 1997
contains provisions about the consent, access to the information and limitations
on the use or disclosure of the information (see s 13A and sch 1, principle 10,
cl 2 (c), 7 and 8). In particular, sch 1, principle 10, cl 7 provides
that the consent must be in writing and name the health service provider who
made the health record.
(4) If the applicant does not comply with subsection (2) (other than in
relation to the consent mentioned in subsection (3)), the registrar may refuse
to consider the application further.
(5) In this section:
health record—see the Health Records (Privacy and
Access) Act 1997, dictionary.
personal health information—see the Health Records
(Privacy and Access) Act 1997, dictionary.
21 Adult firearms
licences—decision
On an application for an adult firearms licence, the registrar must issue
the licence unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to issue an adult firearms
licence, see s 22 and s 24 to s 30A.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
22 Adult firearms
licences—refusal
(1) The registrar must refuse to issue an adult firearms licence to an
applicant for the licence unless satisfied on reasonable
grounds—
(a) about the applicant’s identity; and
(b) that the applicant is suitable; and
Note For when an individual is or is not
suitable, see s 4BG.
(c) that the applicant has a genuine reason for possessing or using a
firearm; and
(d) that the applicant will comply with part 5 (Safe storage of firearms)
in relation to each registered firearm held under the licence; and
(e) that—
(i) the applicant is, or is about to become, a resident of the ACT;
or
(ii) in accordance with section 23, it would be necessary for the
applicant to possess or use the firearm in the lawful course of business or
employment in the ACT; and
(f) that each registered firearm held under the licence will be stored in
the ACT.
(2) The registrar must also refuse to issue the licence
if—
(a) the applicant is not an adult; or
(b) for an application other than a renewal—the applicant holds a
licence of the category applied for; or
(c) for an application for a licence other than a
category D licence—the applicant has not completed each approved
firearms training course for the category of licence applied for; or
(d) for an application for a category D licence—the applicant is not
accredited by an entity approved by the registrar; or
(e) the registrar believes on reasonable grounds that it would be contrary
to the public interest to issue the licence.
Note The Minister may make guidelines
about the making of a decision whether it is in the public interest to issue a
licence (see s 12A).
(3) The approval of an entity under subsection (2) (d) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
22A Adult firearms
licences—categories
An adult firearms licence must be issued in 1 of the following
categories:
(a) category A;
(b) category B;
(c) category C;
(d) category D;
(e) category H;
(f) collectors;
(g) heirlooms;
(h) firearms dealer;
(i) paintball marker.
22B When adult firearms licences may be
issued
The registrar must not issue an adult firearms licence earlier than
28 days after the day the application for the licence is made.
23 Adult firearms licences—genuine reasons to
possess or use firearms
(1) An applicant for an adult firearms licence has a genuine reason to
possess or use a firearm if the registrar is satisfied that the applicant
intends to possess or use the firearm for 1 or more of the reasons mentioned in
table 23, column 2.
(2) The applicant must produce evidence (including evidence of a kind, if
any, mentioned in table 23, column 3) of the requirements mentioned in column 3
in relation to the applicant’s genuine reason if asked to do so by the
registrar.
(3) If the applicant does not comply with subsection (2), the registrar
may refuse to consider the application further.
Table 23
column 1
item
|
column 2
genuine reason
|
column 3
requirements
|
1
|
sport or target shooting
|
1.1 For an applicant to whom section 36A (Adult firearms
licences—special conditions for category H licences for sport or target
shooting) applies—the applicant is a member of an approved shooting club
that conducts competitions or activities requiring the use of the firearm for
which the licence is sought.
1.2 For any other applicant—the applicant is an active member of an
approved shooting club that conducts competitions or activities requiring the
use of the firearm for which the licence is sought.
|
2
|
recreational hunting or vermin control on rural land
|
2.1 For recreational hunting or vermin control on rural
land—
(a) the applicant has the permission of the owner or occupier of the land
to shoot on the land; or
(b) the applicant—
(i) is an active member of an approved hunting club; and
(ii) intends to use the firearm solely to take part in recreational
hunting activities conducted by the club; and
(iii) proves that the main objects of the club are to conduct recreational
hunting activities requiring the use of the firearm for which the licence is
sought; and
(iv) proves that the club has the permission of the owner or occupier of
the land to conduct those activities on the land.
|
|
|
2.2 For recreational hunting or vermin control on land within a reserved
area under the Nature Conservation Act 1980—the applicant has the
permission of an officer of the ACT Parks and Conservation Service or ACT
Forests or another authority prescribed by regulation, to shoot on the
land.
|
3
|
primary production
|
The applicant—
(a) is a person whose occupation is the business of a primary producer, or
who is the owner, lessee or manager of land used for primary production;
and
(b) intends to use the firearm solely in relation to farming or grazing
activities (including the suppression of vertebrate pest animals on the land
concerned).
|
4
|
vertebrate pest animal control
|
The applicant is—
(a) a professional contract shooter employed in controlling vertebrate pest
animals on rural land; or
(b) a person employed by or in, or authorised by, a government agency
prescribed by regulation that has functions relating to the control or
suppression of vertebrate pest animals; or
(c) a person whose occupation is the business of a primary producer, or who
is the owner, lessee, or manager of land used for primary production, and who is
taking part in an authorised campaign conducted by or on behalf of a government
agency to eradicate large feral animals or animals that are affected by
brucellosis or tuberculosis.
|
5
|
business or employment
|
The applicant needs to possess or use the firearm for which the licence is
sought in the conduct of the applicant’s business or employment.
|
6
|
occupational requirements relating to rural purposes
|
The applicant is employed in a rural occupation that requires the
possession or use of the firearm for which the licence is sought.
|
7
|
animal welfare
|
The applicant is—
(a) an officer of the Royal Society for the Prevention of Cruelty to
Animals; or
(b) a veterinary surgeon; or
(c) a person employed by or within an administrative unit with
responsibility for animal welfare; or
(d) an owner, transporter, drover or other handler of animals who may need
to destroy an animal to avoid it suffering.
|
8
|
firearms collection
|
8.1 For a licence that authorises the applicant to collect pistols
manufactured after 1946—the applicant proves (by producing written
evidence from the approved collectors club of which the applicant is a member)
that—
(a) the applicant has been a member of the club for at least 1 year;
and
(b) the collection has a thematic structure; and
(c) the applicant researches or studies firearms; and
(d) the members of the club collect firearms of the kind for which the
licence is sought; and
(e) the licence application is supported by the club.
8.2 For a licence that authorises the applicant to collect any other kind
of firearms—
(a) the applicant is a member of an approved collectors club; and
(b) the collection has a genuine historical or thematic structure or a
genuine commemorative or investment value; and
(c) the members of the club collect firearms of the kind for which the
licence is sought; and
(d) the licence application is supported by the club.
|
9
|
heirloom possession
|
The applicant wants to possess a firearm that is an heirloom.
|
10
|
paintball activity
|
The applicant wants to possess or use a paintball marker for paintball
activities.
|
23A Adult firearms licences—no genuine reason
to possess or use firearms
An applicant for an adult firearms licence does not have a genuine reason
to possess or use a firearm if the applicant intends to possess or use the
firearm for—
(a) personal protection or the protection of anyone else; or
(b) the protection of property (other than in circumstances constituting a
reason of a kind mentioned in table 23, column 2).
24 Adult firearms licences—restriction on issue
of category B licences
Unless a regulation prescribes otherwise, the registrar must not issue a
category B licence to an adult unless the adult, in addition to
establishing a genuine reason to possess or use a firearm, produces evidence
that satisfies the registrar that the adult has a special need to possess or use
a firearm to which a category B licence applies.
25 Adult firearms licences—restriction on issue
of category C licences
The registrar must not issue a category C licence to an adult
unless—
(a) the genuine reason established by the adult to possess or use a
firearm is primary production (or another genuine reason prescribed by
regulation); and
(b) the adult produces evidence that satisfies the registrar
that—
(i) the adult has a special need to possess or use a firearm to which a
category C licence applies; and
(ii) the special need cannot be met in any other way (whether by the
authority given by a category A or category B licence or
otherwise).
26 Adult firearms licences—restriction on issue
of category D licences
(1) The registrar must not issue a category D licence to an adult
unless—
(a) the genuine reason established by the adult to possess or use a
firearm is vertebrate pest animal control; and
(b) the adult produces evidence that satisfies the registrar that the
adult has a special need to possess or use a firearm to which a category D
licence applies; and
(c) for an adult mentioned in table 23, item 4, column 3,
paragraph (c)—the adult produces evidence that satisfies the
registrar that the special need cannot be met in any other way (whether by the
authority given by a category B or category C licence, by engaging a
professional contract shooter or otherwise); and
(d) the Minister authorises the issue in writing.
(2) The Minister’s authority may be given on the condition that the
licence is issued subject to a stated condition that the Minister believes on
reasonable grounds is in the public interest.
(3) If a guideline mentioned in section 12A (2) (d) (ii) is in force, the
guideline applies in relation to subsection (2) as if the Minister were the
registrar.
27 Adult firearms licences—restriction on issue
of category H licences
The registrar must not issue a category H licence to an adult
unless—
(a) the adult has established 1 or more of the following genuine reasons
to possess or use a firearm:
(i) sport or target shooting;
(ii) business or employment;
(iii) firearms collection; and
(b) the adult produces evidence that satisfies the registrar that the
adult has a special need to possess or use a pistol; and
(c) if the adult’s only genuine reason to possess or use a firearm
is sport or target shooting—the adult gives the registrar written evidence
from an approved shooting club of which the adult is a member that the licence
application is supported by the club.
28 Adult firearms licences—restriction on issue
of collectors licences
The registrar must not issue a collectors licence to an adult unless
satisfied on reasonable grounds that the adult collects firearms.
29 Adult firearms licences—restrictions on
issue of heirlooms licence
The registrar must not issue an heirlooms licence to an
adult—
(a) for more than 1 firearm or a matched pair of firearms; and
(b) unless satisfied on reasonable grounds that the firearm or matched
pair is—
(i) an heirloom; and
(ii) permanently inoperable.
30 Adult firearms licences—restrictions on
issue of firearms dealer licences
The registrar must not issue a firearms dealer licence to an adult unless
satisfied on reasonable grounds that—
(a) an individual who is, or will be, a close associate of the adult is
suitable; and
Note For when an individual is or is not
suitable, see s 4BG.
(b) the adult will be the person primarily responsible for the management
of the business to be carried on under the licence.
30A Adult firearms licences—restrictions on
issue of paintball marker licences
The registrar must not issue a paintball marker licence to an adult unless
satisfied on reasonable grounds that the adult has taken part in at least 4
paintball competitions.
Note Section 4BE (Paintball markers—authority to possess, use
or store) provides that an adult is authorised to possess or use a paintball
marker without a licence in certain circumstances.
31 Adult firearms
licences—form
An adult firearms licence must—
(a) state the licensee’s name; and
(b) contain a recent photograph of the licensee; and
(c) contain the licensee’s signature; and
(d) state the licence category; and
(e) for a firearms dealer licence, collectors licence or heirlooms
licence—state the category of firearm for which the licence is issued;
and
(f) state the date the licence ends; and
(g) for a licence other than a firearms dealer licence or paintball marker
licence—state the calibre of ammunition the licensee is authorised to
acquire or possess; and
(h) state the genuine reason established by the licensee to possess or use
a firearm to which the licence applies; and
(i) for a category D licence—state the circumstances when the
firearm may be used; and
(j) contain any other particulars prescribed by regulation.
32 Adult firearms
licences—replacements
(1) The registrar may issue a replacement adult firearms licence to the
licensee if satisfied on reasonable grounds that the licence (the original
licence) has been lost, stolen or destroyed.
Note A fee may be determined under s 125 for this
provision.
(2) If the registrar issues the replacement licence, the registrar
must—
(a) record in the register that the original licence has been lost, stolen
or destroyed; and
(b) not later than 48 hours after making the record, tell all licensed
firearms dealers in writing that the original licence has been recorded as lost,
stolen or destroyed.
Note It is an offence to fail to tell the registrar about a lost,
stolen or destroyed licence (see s 16B).
substitute
36 Adult firearms
licences—conditions
(1) An adult firearms licence is subject to each of the following
conditions:
(a) the licensee must comply with part 5 (Safe storage of
firearms) in relation to each registered firearm held under the
licence;
(b) the licensee must not allow someone else to possess or use a firearm
in the licensee’s possession if the other person is not authorised to
possess or use the firearm;
(c) the licensee must store each registered firearm held under the licence
at the registered premises for the firearm;
Note Registered premises are
premises in the ACT (see dict).
(d) the licensee must allow a police officer to enter premises to inspect
the licensee’s facilities for storing firearms in the licensee’s
possession;
Note For a police officer’s powers
on entry under a licence condition, see s 75B (Powers on
entry—condition).
(e) the licensee must not possess, at any one time, an amount of
ammunition that is more than the amount (if any) prescribed by regulation,
unless authorised in writing by the registrar;
(f) the licence cannot be transferred to someone else;
(g) any other condition prescribed by regulation.
(2) For subsection (1) (d), a police officer may enter
premises—
(a) not more than twice each year, unless the entry is under part 7
(Enforcement); and
(b) only if the licensee is present; and
(c) only between 7 am and 7 pm; and
(d) as prescribed by regulation (if any).
(2) An adult firearms licence is also subject to any condition that the
registrar believes on reasonable grounds is in the public interest.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to put a condition on a licence
(see s 12A).
Note 2 If the registrar puts a condition on a licence under this
section, the registrar must give written notice of the decision to the licensee
(see s 114).
36AA Adult firearms licences—special conditions
of category D licences
Each category D licence is subject to the following conditions:
(a) the licensee may use the firearm only in the circumstances stated in
the licence;
Example—stated
circumstances
for airborne culling
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
(b) the licensee must—
(i) store the firearm with a licensed firearms dealer (other than a club
armourer) as soon as practicable after the day the licence ends; or
(ii) otherwise deal with the firearm in accordance with arrangements
approved by the registrar.
omit everything before subsection (2), substitute
36A Adult firearms licences—special conditions
for category H licences for sport or target shooting
(1) This section applies to an adult if the adult—
(a) is issued with a category H licence (the new licence)
for the genuine reason of sport or target shooting; and
(b) has never held a category H licence before being issued with the new
licence.
substitute
(b) the licensee must complete each approved firearms training course for
the licence;
omit everything before paragraph (a), substitute
37 Adult firearms licences—special conditions
for collectors licences
A collectors licence is subject to the following conditions:
substitute
38 Adult firearms licences—special conditions
for paintball marker licences
A paintball marker licence is subject to the condition that the licensee
must not use a registered paintball marker held under the licence in the ACT
other than at an approved paintball range operated by the paintball range
operator for the range.
39 Adult firearms licences—period in
force
(1) An adult firearms licence begins on the day it is issued and remains
in force, subject to this Act—
(a) for 5 years; or
(b) if a shorter period is prescribed by regulation—for the shorter
period prescribed; or
(c) for a category D licence—until the date (the end
date) decided by the registrar.
(2) The end date must not be more than 12 months after the day the
licence begins.
Example—s (1)
An adult firearms licence is issued on 1 January 2009. It ends on
31 December 2013 (at the end of that day).
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
40 Adult firearms licences—immediate
suspension
(1) This section applies if the registrar—
(a) is considering whether a ground for cancellation of a licence exists
under—
(i) section 41 (Adult firearms licences—cancellation generally);
or
(ii) section 42 (Adult firearms licences—cancellation of category H
licences); and
(b) believes on reasonable grounds that it is in the public interest to
suspend the licence until the registrar decides whether to cancel the licence on
the ground.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to suspend a licence (see
s 12A).
Note 2 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
Note See s 42A (Adult firearms licences—when suspension or
cancellation takes effect).
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
40A Adult firearms licences—mandatory
suspension
(1) The registrar must suspend an adult firearms licence if the registrar
believes on reasonable grounds that the licensee has been charged with,
committed or threatened to commit—
(a) a domestic violence offence; or
(b) an offence against a law of a State or another Territory corresponding
to a domestic violence offence.
Note 1 Domestic violence offence—see the
dictionary.
Note 2 A licence is automatically suspended under the Domestic
Violence and Protection Orders Act 2001, s 57 (Firearms and interim orders)
if the Magistrates Court makes an interim protection order unless the court
orders otherwise. Under that section, the Magistrates Court may also order
seizure of the licence, and seizure and detention of firearms and ammunition,
for the period of the interim order.
Note 3 A licence is also automatically suspended under the
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders) if a judicial officer makes an emergency order. Under that
section, the officer may also order seizure of the licence, and seizure and
detention of firearms and ammunition, for the period of the emergency
order.
Note 4 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
41 Adult firearms licences—cancellation
generally
(1) The registrar must cancel an adult firearms licence—
(a) if, had the licensee been applying for the licence held, the registrar
would be required to refuse to issue the licence; or
Note For when the registrar must refuse
to issue an adult firearms licence, see s 22 and s 24 to s 30A.
(b) if satisfied on reasonable grounds that the licensee—
(i) gave information that was (to the licensee’s knowledge) false or
misleading in a material particular in relation to the application for the
licence; or
(ii) has contravened this Act, whether or not the licensee has been
convicted of an offence for the contravention; or
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(iii) has contravened a condition of the licence; or
(c) if satisfied on reasonable grounds that the licensee is not suitable;
or
Note For when an individual is or is not
suitable, see s 4BG.
(d) for any other reason prescribed by regulation.
(3) Subsection (1) (b) (iii) does not apply to a condition that the
licensee must allow a police officer to enter premises to inspect facilities
if—
(a) the contravention involved refusing to allow a police officer to enter
the premises or inspect the facilities; and
(b) the refusal was reasonable in all the circumstances.
Note 1 If the registrar cancels a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
Note 2 A licence is automatically cancelled under the Domestic
Violence and Protection Orders Act 2001, s 38 (Firearms and final orders) if
the Magistrates Court makes a final protection order unless the court orders
otherwise. Under that section, the Magistrates Court may also order seizure of
the licence, firearms and ammunition.
42 Adult firearms licences—cancellation of
category H licences
The registrar must cancel a category H licence issued for the genuine
reason of sport or target shooting if satisfied on reasonable grounds that the
licensee stops being an active member of an approved shooting club.
42A Adult firearms licences—when suspension or
cancellation takes effect
(1) This section applies if the registrar suspends or cancels a licence
under this division.
(2) The suspension or cancellation takes effect on—
(a) the day notice of the suspension or cancellation is given to the
licensee; or
(b) if the notice of the suspension or cancellation states a later date of
effect—the stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
Division 3.2B Licensing scheme—minors
firearms licences
42C Definitions—div 3.2B
In this division:
parental responsibility, for a child—see the
Children and Young People Act 1999, section 17.
Note Parental responsibility for a child is defined in the
Children and Young People Act 1999, s 17 to mean all the duties,
powers and responsibilities parents ordinarily have by law in relation to their
children. Under that section, it also includes responsibility for the
day-to-day or long-term care, welfare and development of the child.
responsible person, for a child, is a person with parental
responsibility for the child.
42D Children prohibited from owning
firearms
A child must not own a firearm.
42E Minors firearms
licences—applications
(1) A child may apply to the registrar for a minors firearms licence if
the child—
(a) is at least the age prescribed by regulation; and
Note A child is under 18 years old (see
Legislation Act, dict, pt 1, def child).
(b) has completed each approved firearms training course for the licence;
and
(c) is a member of an approved shooting club.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The application must—
(a) provide evidence of the applicant’s identity in accordance with
the requirements under the Financial Transaction Reports Act 1988
(Cwlth) that apply in relation to the opening of a bank account; and
(b) contain the information prescribed by regulation; and
(c) be accompanied by the documents prescribed by regulation.
(3) The applicant must personally lodge the application in the presence of
a responsible person for the applicant.
(4) The application must contain the written consent of a responsible
person for the applicant to the issue of the licence.
42F Minors firearms licences—requirement for
further information etc
(1) This section applies to an application for—
(a) a minors firearms licence; or
(b) an extension under section 42O (Minors firearms
licences—period in force).
(2) The registrar may give the applicant a written notice requiring the
applicant to give the registrar stated further information or documents that the
registrar reasonably needs to decide the application.
(3) Without limiting subsection (2), if the registrar believes on
reasonable grounds that the applicant’s mental health may affect the
applicant’s ability to handle firearms responsibly, the registrar may ask
the applicant to consent to the disclosure to the registrar of personal health
information about the applicant from a health record relating to the
applicant.
Note The Health Records (Privacy and Access) Act 1997
contains provisions about the consent, access to the information and limitations
on the use or disclosure of the information (see s 13A and sch 1, principle 10,
cl 2 (c), 7 and 8). In particular, sch 1, principle 10, cl 7 provides
that the consent must be in writing and signed by a parent or legally appointed
guardian of the applicant, or someone else with parental responsibility for the
applicant, and name the health service provider who made the health
record.
(4) If the applicant does not comply with subsection (2) (other than in
relation to the consent mentioned in subsection (3)), the registrar may refuse
to consider the application further.
(5) In this section:
health record—see the Health Records (Privacy and
Access) Act 1997, dictionary.
personal health information—see the Health Records
(Privacy and Access) Act 1997, dictionary.
42G Minors firearms
licences—decision
On an application for a minors firearms licence, the registrar must issue
the licence unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to issue a minors firearms
licence, see s 42H.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
42H Minors firearms
licences—refusal
(1) The registrar must refuse to issue a minors firearms licence to an
applicant for the licence unless satisfied on reasonable
grounds—
(a) about the applicant’s identity; and
(b) that the applicant is suitable; and
Note For when an individual is or is not
suitable, see s 4BG.
(c) that the applicant has a genuine reason for possessing or using a
firearm; and
Note Genuine reasons for possessing or
using firearms for minors firearms licences are dealt with in s
42K.
(d) that the applicant is, or is about to become, a resident of the ACT;
and
(e) that the application is made in accordance with
section 42E.
(2) The registrar must also refuse to issue the licence
if—
(a) the applicant holds a licence of the category applied for;
or
(b) the registrar believes on reasonable grounds that it would be contrary
to the public interest to issue the licence.
Note The Minister may make guidelines
about the making of a decision whether it is in the public interest to issue a
licence (see s 12A).
42I Minors firearms
licences—categories
A minors firearms licence must be issued in 1 of the following
categories:
(a) category A;
(b) category B;
(c) category H.
42J When minors firearms licences may be
issued
The registrar must not issue a minors firearms licence earlier than
28 days after the day the application for the licence is made.
42K Minors firearms licences—genuine reasons to
possess or use firearms
An applicant for a minors firearms licence has a genuine reason to possess
or use a firearm if the applicant wants to take part in—
(a) firearms training; or
(b) target pistol training.
42L Minors firearms
licences—form
A minors firearms licence must—
(a) state the licensee’s name; and
(b) contain a recent photograph of the licensee; and
(c) contain the licensee’s signature; and
(d) state that it is a minors firearms licence; and
(e) state the licence category; and
(f) state the date the licence ends; and
(g) state the calibre of ammunition the licensee is authorised to acquire
or possess; and
(h) state the genuine reason established by the licensee to possess or use
a firearm to which the licence applies; and
(i) contain any other particulars prescribed by regulation.
42M Minors firearms
licences—replacements
(1) The registrar may issue a replacement minors firearms licence to the
licensee if satisfied on reasonable grounds that the licence (the original
licence) has been lost, stolen or destroyed.
Note A fee may be determined under s 125 for this
provision.
(2) If the registrar issues the replacement licence, the registrar
must—
(a) record in the register that the original licence has been lost, stolen
or destroyed; and
(b) not later than 48 hours after making the record, tell all licensed
firearms dealers in writing that the original licence has been recorded as lost,
stolen or destroyed.
Note It is an offence to fail to tell the registrar about a lost,
stolen or destroyed licence (see s 16B).
42N Minors firearms
licences—conditions
(1) A minors firearms licence is subject to each of the following
conditions:
(a) the licensee must not allow someone else to possess or use a firearm
in the licensee’s possession if the other person is not authorised to
possess or use the firearm;
(b) the licensee must not possess, at any one time, an amount of
ammunition that is more than the amount (if any) prescribed by regulation,
unless authorised in writing by the registrar;
(c) the licence cannot be transferred to someone else;
(d) any other condition prescribed by regulation.
(2) A minors firearms licence is also subject to any condition that the
registrar believes on reasonable grounds is in the public interest.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to put a condition on a licence
(see s 12A).
Note 2 If the registrar puts a condition on a licence under this
section, the registrar must give written notice of the decision to the licensee
(see s 114).
42O Minors firearms licences—period in
force
(1) A minors firearms licence begins on the day it is issued and remains
in force, subject to this Act, until the day before the licensee’s
18th birthday.
(2) The registrar may extend the period that a minors firearms licence is
in force for not longer than 60 days after the day it would otherwise end under
subsection (1) if—
(a) before the licence ends, the licensee applies for a licence other than
a minors firearms licence; and
(b) the registrar has not decided whether to issue or refuse to issue the
licence applied for; and
(c) the registrar is satisfied on reasonable grounds that the extension is
necessary to allow the licensee—
(i) for a minors firearms licence issued for the genuine reason of
firearms training—to continue to receive instruction, or take part in an
approved firearms event, that the person began before the person’s 18th
birthday; or
(ii) for a minors firearms licence issued for the genuine reason of target
pistol training—to continue to receive instruction, or take part in an
approved firearms event, that the person began before the person’s 18th
birthday.
42P Minors firearms licences—immediate
suspension
(1) This section applies if the registrar—
(a) is considering whether a ground for cancellation of a licence exists
under section 42R (1) (Minors firearms licences—cancellation);
and
(b) believes on reasonable grounds that it is in the public interest to
suspend the licence until the registrar decides whether to cancel the licence on
the ground.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to suspend a licence (see
s 12A).
Note 2 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
Note See s 42S (Minors firearms licences—when suspension or
cancellation takes effect).
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
42Q Minors firearms licences—mandatory
suspension
(1) The registrar must suspend a minors firearms licence if the registrar
believes on reasonable grounds that the licensee has been charged with,
committed or threatened to commit—
(a) a domestic violence offence; or
(b) an offence against a law of a State or another Territory corresponding
to a domestic violence offence.
Note 1 Domestic violence offence—see the
dictionary.
Note 2 A licence is automatically suspended under the Domestic
Violence and Protection Orders Act 2001, s 57 (Firearms and interim orders)
if the Magistrates Court makes an interim protection order unless the court
orders otherwise. Under that section, the Magistrates Court may also order
seizure of the licence, and seizure and detention of firearms and ammunition,
for the period of the interim order.
Note 3 A licence is also automatically suspended under the
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders) if a judicial officer makes an emergency order. Under that
section, the officer may also order seizure of the licence, and seizure and
detention of firearms and ammunition, for the period of the emergency
order.
Note 4 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
42R Minors firearms
licences—cancellation
The registrar must cancel a minors firearms licence—
(a) if, had the licensee been applying for the licence held, the registrar
would be required to refuse to issue the licence; or
Note For when the registrar must refuse
to issue a minors firearms licence, see s 42H.
(b) if satisfied on reasonable grounds that the licensee—
(i) gave information that was (to the licensee’s knowledge) false or
misleading in a material particular in relation to the application for the
licence; or
(ii) has contravened this Act, whether or not the licensee has been
convicted of an offence for the contravention; or
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(iii) has contravened a condition of the licence; or
(c) if satisfied on reasonable grounds that the licensee is not suitable;
or
Note For when an individual is or is not
suitable, see s 4BG.
(d) for any other reason prescribed by regulation.
Note 1 If the registrar cancels a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
Note 2 A licence is automatically cancelled under the Domestic
Violence and Protection Orders Act 2001, s 38 (Firearms and final orders) if
the Magistrates Court makes a final protection order unless the court orders
otherwise. Under that section, the Magistrates Court may also order seizure of
the licence, firearms and ammunition.
42S Minors firearms licences—when suspension or
cancellation takes effect
(1) This section applies if the registrar suspends or cancels a licence
under this division.
(2) The suspension or cancellation takes effect on—
(a) the day notice of the suspension or cancellation is given to the
licensee; or
(b) if the notice of the suspension or cancellation states a later date of
effect—the stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
Division 3.2C Licensing
scheme—composite entity firearms licences
42U Definitions—Act
In this Act:
composite entity means—
(a) a corporation; or
(b) a government agency (other than a corporation).
principal, of a composite entity—
(a) for a corporation—means an executive officer of the corporation;
or
(b) for a government agency—means the head of the agency.
registered principal, for a composite entity firearms
licence, means the principal named in the licence.
42V Composite entity firearms
licences—applications
(1) A principal who proposes to be the registered principal of a composite
entity may apply for the entity to the registrar for a composite entity firearms
licence.
Note 1 For this Act, something done for a composite entity is taken
to have been done by the entity (see s 4D).
Note 2 If a form is approved under s 125A
for this provision, the form must be used.
Note 3 A fee may be determined under s 125 for this
provision.
(2) The application must—
(a) provide evidence of the applicant’s identity in accordance with
the requirements under the Financial Transaction Reports Act 1988
(Cwlth) that apply in relation to the opening of a bank account; and
(b) provide evidence of the composite entity’s identity;
and
(c) contain the information prescribed by regulation; and
(d) be accompanied by the documents prescribed by regulation.
42W Composite entity firearms
licences—requirement for further information etc
(1) This section applies to an application for a composite entity firearms
licence.
(2) The registrar may give the principal making the application a written
notice requiring the principal to give the registrar stated further information
or documents that the registrar reasonably needs to decide the
application.
(3) Without limiting subsection (2), if the registrar believes on
reasonable grounds that the principal’s mental health may affect the
principal’s ability to handle firearms responsibly, or make decisions in
relation to firearms, the registrar may ask the principal to consent to the
disclosure to the registrar of personal health information about the principal
from a health record relating to the principal.
Note The Health Records (Privacy and Access) Act 1997
contains provisions about the consent, access to the information and limitations
on the use or disclosure of the information (see s 13A and sch 1, principle 10,
cl 2 (c), 7 and 8). In particular, sch 1, principle 10, cl 7 provides
that the consent must be in writing and name the health service provider who
made the health record.
(4) If the applicant does not comply with subsection (2) (other than in
relation to the consent mentioned in subsection (3)), the registrar may refuse
to consider the application further.
(5) In this section:
health record—see the Health Records (Privacy and
Access) Act 1997, dictionary.
personal health information—see the Health Records
(Privacy and Access) Act 1997, dictionary.
42X Composite entity firearms
licences—decision
On an application for a composite entity firearms licence, the registrar
must issue the licence unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to issue a composite
entity firearms licence, see s 42Y and s 42ZE to s 42ZH.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
42Y Composite entity firearms
licences—refusal
(1) On application, the registrar must refuse to issue a composite entity
firearms licence unless satisfied on reasonable grounds—
(a) about the identity of the composite entity and the principal making
the application; and
(b) that the principal making the application is suitable; and
Note For when an individual is or is not
suitable, see s 4BG.
(c) that the composite entity has a genuine reason for possessing or using
a firearm; and
Note See s 42ZC (Composite entity
firearms licences—genuine reasons to possess or use
firearms).
(d) that the composite entity will comply with part 5 (Safe storage of
firearms) in relation to each registered firearm held under the licence;
and
(e) that each registered firearm held under the licence will be stored in
the ACT.
(2) The registrar must also refuse to issue the licence
if—
(a) for an application other than a renewal—the composite entity
holds a licence of the category applied for; or
(b) the registrar believes on reasonable grounds that it would be contrary
to the public interest to issue the licence.
Note The Minister may make guidelines
about the making of a decision whether it is in the public interest to issue a
licence (see s 12A).
42Z Composite entity firearms
licences—categories
A composite entity firearms licence must be issued in 1 of the following
categories:
(a) category A;
(b) category B;
(c) category C;
(d) category D;
(e) category H.
42ZA Composite entity firearms
licence—principal’s name
A composite entity firearms licence must be issued to the composite entity
in the name of the principal who applied for the licence.
42ZB When composite entity firearms licences may be
issued
The registrar must not issue a composite entity firearms licence earlier
than 28 days after the day the application for the licence is
made.
42ZC Composite entity firearms licences—genuine
reasons to possess or use firearms
(1) A composite entity has a genuine reason to possess or use a firearm if
the registrar is satisfied—
(a) that the entity carries on business in the ACT as a security
organisation; or
(b) that—
(i) the entity—
(A) is the owner, lessee or manager of land in the ACT used for primary
production; and
(B) intends that the firearm be used solely in relation to farming or
grazing activities (including the suppression of vertebrate pest animals on the
land); and
(ii) it is necessary for a person employed in relation to the farming or
grazing activities to possess a firearm in the course of employment;
or
(c) that the entity is an approved club; or
(d) that the entity is a government agency and it is necessary for an
employee to possess a firearm in the course of employment.
(2) The principal making the application for the composite entity must
produce evidence of the matter mentioned in subsection (1) that applies in
relation to the entity if asked to do so by the registrar.
(3) If the principal does not comply with subsection (2), the registrar
may refuse to consider the application further.
(4) In this section:
security organisation—
(a) means a corporation that—
(i) carries on the business of providing—
(A) protection for people; or
(B) transport or protection for the money or property of people other than
the corporation; and
(ii) holds a master licence under the Security Industry
Act 2003; but
(b) does not include a bank.
42ZD Composite entity firearms licences—no
genuine reason to possess or use firearms
A composite entity (other than an approved club) does not have a genuine
reason to possess or use a firearm if the entity intends the firearm to be
possessed or used for sport or target shooting.
42ZE Composite entity firearms
licences—restriction on issue of category B
licences
Unless a regulation prescribes otherwise, the registrar must not issue a
category B composite entity firearms licence unless the composite entity,
in addition to establishing a genuine reason to possess or use a firearm,
produces evidence that satisfies the registrar that the entity has a special
need to possess or use a firearm to which a category B licence
applies.
42ZF Composite entity firearms
licences—restriction on issue of category C
licences
The registrar must not issue a category C composite entity firearms
licence unless—
(a) the genuine reason established by the composite entity to possess or
use a firearm is primary production (or another genuine reason prescribed by
regulation); and
(b) the entity produces evidence that satisfies the registrar
that—
(i) the entity has a special need to possess or use a firearm to which a
category C licence applies; and
(ii) the special need cannot be met in any other way (whether by the
authority given by a category A or category B licence or
otherwise).
42ZG Composite entity firearms
licences—restriction on issue of category D licences
The registrar must not issue a category D composite entity firearms
licence unless the composite entity is a government agency.
42ZH Composite entity firearms
licences—restriction on issue of category H
licences
The registrar must not issue a category H composite entity firearms
licence unless—
(a) the genuine reason established by the composite entity to possess or
use a firearm is carrying on business in the ACT as a security organisation;
or
(b) the entity produces evidence that satisfies the registrar that the
entity has a special need to possess or use a pistol; or
(c) the entity is an approved club and the pistol is to be used for sport
or target shooting.
42ZI Composite entity firearms
licences—form
A composite entity firearms licence must—
(a) state the names of the composite entity and registered principal;
and
(b) contain a recent photograph of the registered principal; and
(c) contain the registered principal’s signature; and
(d) state the licence category; and
(e) state the date the licence ends; and
(f) state the calibre of ammunition the licence authorises the registered
principal and each registered user to acquire or possess; and
(g) state the genuine reason established by the licensee to possess or use
a firearm to which the licence applies; and
(h) contain any other particulars prescribed by regulation.
42ZJ Composite entity firearms
licences—replacements
(1) The registrar may issue a replacement composite entity firearms
licence to the licensee if satisfied on reasonable grounds that the licence (the
original licence) has been lost, stolen or destroyed.
Note A fee may be determined under s 125 for this
provision.
(2) If the registrar issues the replacement licence, the registrar
must—
(a) record in the register that the original licence has been lost, stolen
or destroyed; and
(b) not later than 48 hours after making the record, tell all licensed
firearms dealers in writing that the original licence has been recorded as lost,
stolen or destroyed.
Note It is an offence to fail to tell the registrar about a lost,
stolen or destroyed licence (see s 16B).
42ZK Composite entity firearms
licences—conditions
(1) A composite entity firearms licence is subject to each of the
following conditions:
(a) the licensee must comply with part 5 (Safe storage of
firearms) in relation to each registered firearm held under the
licence;
(b) the licensee must not allow someone to possess or use a firearm in the
licensee’s possession if the person is not authorised to possess or use
the firearm;
(c) the licensee must store each registered firearm held under the licence
at the registered premises for the firearm;
Note Registered premises are
premises in the ACT (see dict).
(d) the licensee must store each registered firearm held under the licence
so that only the registered principal for, and each registered user of, the
firearm have access to it;
(e) the licensee must allow a police officer to enter premises to inspect
the licensee’s facilities for storing firearms in the licensee’s
possession;
Note For a police officer’s powers
on entry under a licence condition, see s 75B (Powers on
entry—condition).
(f) the licensee must not possess, at any one time, an amount of
ammunition that is more than the amount (if any) prescribed by regulation,
unless authorised in writing by the registrar;
(g) the licence cannot be transferred to someone else;
(h) any other condition prescribed by regulation.
(2) For subsection (1) (e), a police office may enter
premises—
(a) not more than twice each year, unless the entry is under part 7
(Enforcement); and
(b) only if the licensee is present; and
(c) only between 7 am and 7 pm; and
(d) as prescribed by regulation (if any).
(3) A composite entity firearms licence is also subject to any condition
that the registrar believes on reasonable grounds is in the public
interest.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to put a condition on a licence
(see s 12A).
Note 2 If the registrar puts a condition on a licence under this
section, the registrar must give written notice of the decision to the licensee
(see s 114).
42ZL Composite entity firearms licences—period
in force
A composite entity firearms licence begins on the day it is issued and
remains in force, subject to this Act—
(a) for 2 years; or
(b) if a shorter period is prescribed by regulation—for the shorter
period prescribed.
Example—par (a)
A composite entity firearms licence is issued on 1 January 2009. It ends
on 31 December 2010 (at the end of that day).
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
42ZM Composite entity firearms
licences—immediate suspension
(1) This section applies if the registrar—
(a) is considering whether a ground for cancellation of a licence exists
under section 42ZN (Composite entity firearms licences—cancellation);
and
(b) believes on reasonable grounds that it is in the public interest to
suspend the licence until the registrar decides whether to cancel the licence on
the ground.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to suspend a licence (see
s 12A).
Note 2 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
Note See s 42ZO (Composite entity firearms licences—when
suspension or cancellation takes effect).
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
42ZMA Composite entity firearms
licences—mandatory suspension
(1) The registrar must suspend a composite entity firearms licence if the
registrar believes on reasonable grounds that the registered principal has been
charged with, committed or threatened to commit—
(a) a domestic violence offence; or
(b) an offence against a law of a State or another Territory corresponding
to a domestic violence offence.
Note 1 Domestic violence offence—see the
dictionary.
Note 2 A licence is automatically suspended under the Domestic
Violence and Protection Orders Act 2001, s 57 (Firearms and interim orders)
if the Magistrates Court makes an interim protection order unless the court
orders otherwise. Under that section, the Magistrates Court may also order
seizure of the licence, and seizure and detention of firearms and ammunition,
for the period of the interim order.
Note 3 A licence is also automatically suspended under the
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders) if a judicial officer makes an emergency order. Under that
section, the officer may also order seizure of the licence, and seizure and
detention of firearms and ammunition, for the period of the emergency
order.
Note 4 If the registrar suspends a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
(2) The registrar’s notice of the suspension must—
(a) include a statement about the effect of subsections (3) and (4);
and
(b) state that the licensee may, before the end of a stated period, give
the registrar written reasons why the licence should remain in force.
(3) The suspension ends when the earliest of the following
happens:
(a) the registrar gives the licensee a written notice revoking the
suspension;
(b) if the licence is cancelled under this Act or another territory law,
or suspended (the later suspension) under another provision of
this Act or another territory law—the cancellation or later suspension
takes effect;
(c) 12 weeks have elapsed after the day the suspension takes
effect.
(4) The licensee is not authorised to possess or use any firearm (not only
firearms held under the licence) during the suspension.
42ZN Composite entity firearms
licences—cancellation
(1) The registrar must cancel a composite entity firearms
licence—
(a) if, had the registered principal been applying for the licence held,
the registrar would be required to refuse to issue the licence; or
Note For when the registrar must refuse
to issue a composite entity firearms licence, see s 42Y and s 42ZE to s
42ZH.
(b) if satisfied on reasonable grounds that the principal who made the
application for the licence gave information that was (to the principal’s
knowledge) false or misleading in a material particular in relation to the
application; or
(c) if satisfied on reasonable grounds that the composite entity has
contravened this Act, whether or not the entity has been convicted of an offence
for the contravention; or
Note A reference to an Act includes a
reference to the statutory instruments made or in force under the Act, including
any regulation (see Legislation Act, s 104).
(d) if satisfied on reasonable grounds that the composite entity has
contravened a condition of the licence; or
(e) if satisfied on reasonable grounds that the registered principal is
not suitable; or
Note For when an individual is or is not
suitable, see s 4BG.
(f) for any other reason prescribed by regulation.
(2) Subsection (1) (d) does not apply to a condition that the licensee
must allow a police officer to enter premises to inspect facilities
if—
(a) the contravention involved refusing to allow a police officer to enter
the premises or inspect the facilities; and
(b) the refusal was reasonable in all the circumstances.
Note 1 If the registrar cancels a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
Note 2 A licence is automatically cancelled under the Domestic
Violence and Protection Orders Act 2001, s 38 (Firearms and final orders) if
the Magistrates Court makes a final protection order unless the court orders
otherwise. Under that section, the Magistrates Court may also order seizure of
the licence, firearms and ammunition.
42ZO Composite entity firearms licences—when
suspension or cancellation takes effect
(1) This section applies if the registrar suspends or cancels a licence
under this division.
(2) The suspension or cancellation takes effect on—
(a) the day notice of the suspension or cancellation is given to the
licensee; or
(b) if the notice of the suspension or cancellation states a later date of
effect—the stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
Division 3.2D Licensing
scheme—temporary international firearms licences
42ZOA Meaning of foreign firearms
licence—div 3.2D
In this division:
foreign firearms licence means a licence or permit (however
described) in force under the law of a foreign country that authorises the use
or possession of a firearm.
42ZP Temporary international firearms
licences—applications
(1) An adult who holds a foreign firearms licence may apply to the
registrar for a temporary international firearms licence.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The application must—
(a) contain the information prescribed by regulation; and
(b) be accompanied by the documents prescribed by regulation.
(3) The applicant must produce the applicant’s passport, or evidence
of the applicant’s passport, to the registrar.
42ZPA Temporary international firearms
licences—requirement for further information etc
(1) This section applies to an application for a temporary international
firearms licence.
(2) The registrar may give the applicant a written notice requiring the
applicant to give the registrar stated further information or documents that the
registrar reasonably needs to decide the application.
(3) If the applicant does not comply with subsection (2), the registrar
may refuse to consider the application further.
42ZPB Temporary international firearms
licences—decision
(1) On an application for a temporary international firearms licence, the
registrar must issue the licence unless prevented from doing so by this
Act.
Note 1 For when the registrar must refuse to issue a temporary
international firearms licence, see s 42ZPC.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) The licence must be issued in the category that the registrar believes
on reasonable grounds best corresponds to the foreign firearms licence held by
the applicant.
Note A firearm for which a temporary international firearms licence
is issued need not be registered (see s 50 (3)).
42ZPC Temporary international firearms
licences—refusal
(1) The registrar must refuse to issue a temporary international firearms
licence to an applicant for the licence unless satisfied on reasonable
grounds—
(a) about the applicant’s identity; and
(b) that the applicant is a resident of a foreign country; and
(c) that the applicant holds a foreign firearms licence; and
(d) that the applicant has a genuine reason for possessing or using a
firearm; and
(e) that the applicant will comply with part 5 (Safe storage of firearms)
in relation to each firearm held under the licence.
(2) The registrar must also refuse to issue the licence
if—
(a) the applicant is not an adult; or
(b) the registrar believes on reasonable grounds that it would be contrary
to the public interest to issue the licence.
Note The Minister may make guidelines
about the making of a decision whether it is in the public interest to issue a
licence (see s 12A).
42ZPD When temporary international firearms licences
may be issued
The registrar must not issue a temporary international firearms licence
earlier than 28 days after the day the application for the licence is
made.
42ZQ Temporary international firearms
licences—genuine reasons to possess or use firearms
(1) An applicant for a temporary international firearms
licence—
(a) has a genuine reason to possess or use a firearm if the registrar is
satisfied that—
(i) the applicant is a member of the staff of an internationally protected
person, or other declared person, whose duties include the protection of that
person while in the ACT; and
(ii) the firearm to which the application relates is a pistol of not more
than 11.43mm calibre that is not fully automatic or capable of conversion to
being fully automatic; or
Note A 11.43mm calibre pistol includes a 0.45-inch calibre
pistol.
(b) has a genuine reason (the genuine reason of international
visitor) to possess or use a firearm if the registrar is satisfied
that—
(i) the applicant is a visitor to the ACT; and
(ii) for a licence authorising the applicant to take part in an approved
shooting or approved paintball competition—the applicant would enter or
has entered Australia (within the meaning of the Migration Act 1958
(Cwlth)) in the ACT.
(2) The applicant must produce evidence of the matter mentioned in
subsection (1) that applies in relation to the applicant if asked to do so by
the registrar.
(3) If the applicant does not comply with subsection (2), the registrar
may refuse to consider the application further.
(4) The Minister may declare a person for subsection (1) (a)
(i).
(5) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(6) In this section:
internationally protected person—see the Convention on
the Prevention and Punishment of Crimes against Internationally Protected
Persons, a copy of which is set out in the Crimes (Internationally Protected
Persons) Act 1976 (Cwlth), schedule.
42ZQA Temporary international firearms
licences—form
A temporary international firearms licence must—
(a) state the licensee’s name and address while in the ACT;
and
(b) contain a recent photograph of the licensee; and
(c) contain the licensee’s signature; and
(d) state that it is a temporary international firearms licence;
and
(e) state the licence category; and
(f) state the date the licence ends; and
Note The end date must not be more than
3 months after the day the licence begins (see s 42ZR (2)).
(g) state the particulars prescribed by regulation of the firearm for
which the licence is issued; and
(h) state the calibre of ammunition the licensee is authorised to acquire
or possess; and
(i) state the genuine reason established by the licensee to possess or use
a firearm to which the licence applies; and
(j) for a licence issued for the genuine reason of international
visitor—state the purpose for which the firearm may be possessed or used;
and
(k) contain any other particulars prescribed by regulation.
42ZQB Temporary international firearms
licences—conditions
(1) A temporary international firearms licence is subject to each of the
following conditions:
(a) the licensee must produce the licensee’s passport to the
registrar on request;
(b) the licensee must comply with part 5 (Safe storage of firearms) in
relation to each firearm held under the licence;
(c) the licensee must not allow someone else to possess or use a firearm
in the licensee’s possession if the other person is not authorised to
possess or use the firearm;
(d) the licensee must—
(i) carry the licence when possessing or using a firearm held under the
licence; and
(ii) produce the licence to a police officer on request;
(e) the licensee must not possess, at any one time, an amount of
ammunition that is more than the amount (if any) prescribed by regulation,
unless authorised in writing by the registrar;
(f) the licence cannot be transferred to someone else;
(g) any other condition prescribed by regulation.
(2) A temporary international firearms licence is also subject to any
condition that the registrar believes on reasonable grounds is in the public
interest.
Note 1 The Minister may make guidelines about the making of a
decision whether it is in the public interest to put a condition on a licence
(see s 12A).
Note 2 If the registrar puts a condition on a licence under this
section, the registrar must give written notice of the decision to the licensee
(see s 114).
42ZR Temporary international firearms
licences—period in force
(1) A temporary international firearms licence begins on the day it is
issued and remains in force, subject to this Act, until the date (the end
date) decided by the registrar.
(2) The end date must not be more than 3 months after the day the
licence begins.
42ZRA Temporary international firearms
licences—cancellation
The registrar must cancel a temporary international firearms
licence—
(a) if, had the licensee been applying for the licence held, the registrar
would be required to refuse to issue the licence; or
Note For when the registrar must refuse
to issue a temporary international firearms licence, see s
42ZPC.
(b) if satisfied on reasonable grounds that the licensee—
(i) gave information that was (to the licensee’s knowledge) false or
misleading in a material particular in relation to the application for the
licence; or
(ii) has contravened this Act, whether or not the licensee has been
convicted of an offence for the contravention; or
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(iii) has contravened a condition of the licence; or
(c) for any other reason prescribed by regulation.
Note 1 If the registrar cancels a licence under this section, the
registrar must give written notice of the decision to the licensee (see s
114).
Note 2 A licence is automatically cancelled under the Domestic
Violence and Protection Orders Act 2001, s 38 (Firearms and final orders) if
the Magistrates Court makes a final protection order unless the court orders
otherwise. Under that section, the Magistrates Court may also order seizure of
the licence, firearms and ammunition.
42ZRB Temporary international firearms
licences—when cancellation takes effect
(1) This section applies if the registrar cancels a licence under
section 42ZRA.
(2) The cancellation takes effect on—
(a) the day notice of the cancellation is given to the licensee;
or
(b) if the notice of cancellation states a later date of effect—the
stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
Part 3A Temporary recognition of interstate
licences and permits
42ZS Definitions—pt 3A
In this part:
authorised period, in relation to an individual interstate
licensee who arrives in the ACT for a purpose mentioned in this part, means the
period of 3 months beginning on the person’s arrival day.
corresponding—a licence or permit of a particular
category issued under this Act (the local licence),
and an interstate licence of the same category, or that is declared
under section 42ZSA to be of a particular category that is the same category,
are corresponding.
interstate licence means a licence or permit (however
described) in force under the law of a State or another Territory that
authorises the use or possession of a firearm.
local licence—see the definition of
corresponding.
42ZSA Temporary recognition of interstate
licences—declaration of licence categories
(1) The registrar may declare that an interstate licence is of a
particular category.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
42ZT Temporary recognition of interstate
licences—general
(1) This section applies to an individual interstate licensee if the
individual—
(a) is a resident of a State or another Territory and comes to the ACT
for—
(i) the purpose of taking part in an approved shooting or approved
paintball competition; or
(ii) a purpose prescribed by regulation in relation to the possession or
use of a firearm; and
(b) holds an interstate licence that corresponds to a category A licence,
category B licence, category C licence, category H licence or paintball marker
licence.
(2) For the authorised period, the individual is authorised to possess, or
use, for a purpose mentioned in subsection (1) (a), a firearm of a kind to which
the corresponding local licence applies.
(3) However, the authorisation under subsection (2) is subject to
compliance with any condition prescribed by regulation.
(4) This section does not apply to an individual to whom section 42ZU
applies.
42ZU Temporary recognition of interstate category C
licences
(1) This section applies to an individual interstate licensee if the
individual—
(a) is a resident of a State or another Territory and comes to the ACT for
the purpose of taking part in an approved shooting competition; and
(b) holds an interstate licence that corresponds to a category C licence
that authorises the individual to possess or use a firearm for the genuine
reason of sport or target shooting.
(2) For the authorised period, the individual is authorised to possess, or
use, for the purpose of taking part in the shooting competition, a firearm of a
kind to which the corresponding local licence applies.
(3) However, the authorisation under subsection (2) is subject to
compliance with any condition prescribed by regulation.
42ZV Interstate residents moving to
ACT—category A, B, and paintball marker licences
(1) This section applies to an individual who—
(a) is a resident of a State or another Territory; and
(b) is the holder of an interstate licence that corresponds to a category
A licence, category B licence or paintball marker licence; and
(c) notifies the registrar in writing that he or she intends to live in
the ACT permanently.
(2) The interstate licence is, subject to any direction of the registrar,
taken to be the corresponding local licence until the earlier of the
following:
(a) the end of the period of 3 months beginning on the day after the day
the individual notifies the registrar under subsection (1);
(b) if the person applies for a corresponding local licence before the end
of the 3-month period—the day the registrar issues, or refuses to issue,
the licence to the individual.
42ZW Interstate residents moving to
ACT—category C and H licences
(1) This section applies to an individual who—
(a) is a resident of a State or another Territory; and
(b) is the holder of an interstate licence that corresponds to a category
C licence or category H licence; and
(c) notifies the registrar in writing that he or she intends to live in
the ACT permanently.
(2) The interstate licence is, subject to any direction of the registrar,
taken to be the corresponding local licence until the earlier of the
following:
(a) the end of the period of 7 days beginning on the day after the day the
individual notifies the registrar under subsection (1);
(b) if the person applies for a corresponding local licence before the end
of the 7-day period—the day the registrar issues, or refuses to issue, the
licence to the individual.
42ZX Temporary recognition of interstate licences for
international visitors—shooting or paintball
competitions
(1) This section applies to an individual if the
individual—
(a) is a resident of a foreign country; and
(b) holds an interstate licence issued by a State or another Territory
that authorises the individual to possess or use a firearm for the purpose of
taking part in a shooting or paintball competition in the State or Territory;
and
(c) comes to the ACT for the purpose of taking part in an approved
shooting or approved paintball competition.
(2) For the authorised period, the individual is authorised to possess, or
use, for the purpose of taking part in the shooting or paintball competition,
the firearm for which the interstate licence is issued.
(3) However, the authorisation under subsection (2) is subject to
compliance with any condition—
(a) imposed under the law of the State or Territory that issued the
licence (the interstate condition); and
(b) prescribed by regulation.
(4) If an interstate condition is inconsistent with a prescribed
condition, the interstate condition has no effect to the extent of the
inconsistency.
(5) An interstate condition is taken to be inconsistent with a prescribed
condition to the extent that it is capable of operating concurrently with the
prescribed condition.
substitute
Part 3B Permits
generally
43 General power to issue
permits
The registrar may issue a permit authorising 1 or more of the
following:
(a) the possession or use of a firearm in the circumstances prescribed by
regulation (including for film or theatrical productions);
(b) the shortening or conversion of a firearm in the circumstances
prescribed by regulation;
(c) anything else that is required by regulation to be authorised by a
permit.
Part 3C Permits to acquire
firearms
45 Meaning of acquirer and foreign
acquirer—pt 3C
In this part:
acquirer—see section 45A.
foreign acquirer—see section 46A.
45A Permits to
acquire—applications
(1) A person (the acquirer) who is a licensee may apply to
the registrar for a permit to acquire a firearm.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The acquirer must have a separate permit for each firearm to be
acquired.
45B Permits to
acquire—decision
On an application for a permit to acquire a firearm, the registrar must
issue the permit unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to issue a permit to
acquire a firearm, see s 46 and s 46A.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
46 Permits to acquire—refusal to issue
generally
(1) The registrar must refuse to issue a permit to acquire a firearm (the
proposed firearm) unless—
(a) the acquirer holds a licence authorising the acquirer to possess or
use a firearm of the same kind as the proposed firearm; and
(b) the registrar is satisfied on reasonable grounds that the acquirer has
a good reason for acquiring the firearm.
(2) The registrar must also refuse to issue a permit to acquire a pistol
to the holder of a category H licence issued for the genuine reason of sport or
target shooting unless—
(a) the acquisition is in accordance with the conditions (if any) of the
licence; and
(b) the approved shooting club of which the licensee is a member gives the
registrar written advice stating—
(i) the competition shooting discipline for which the licensee requires
the pistol; and
(ii) that the club supports the licensee’s application for a permit
to acquire the pistol; and
(c) the registrar is satisfied on reasonable grounds that the licensee
will comply with part 5 (Safe storage of firearms) in relation to the
pistol.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(3) Subsection (2) (b) (i) does not apply in relation to the issue of a
permit to acquire a pistol mentioned in section 36A (3) (Adult firearms
licences—special conditions for category H licences for sport or target
shooting).
(4) This section does not apply to an acquirer to whom section 46A
applies.
46A Permits to acquire—refusal to issue to
temporary international firearms licensees
(1) This section applies to an acquirer (the foreign
acquirer) who is a resident of a foreign country.
(2) The registrar must not issue a permit to acquire a firearm (the
proposed firearm) to the foreign acquirer unless—
(a) the acquirer holds a temporary international firearms licence
authorising the acquirer to possess or use a firearm of the same kind as the
proposed firearm; and
(b) the registrar is satisfied on reasonable grounds that the acquirer has
a good reason for acquiring the proposed firearm.
46B When permits to acquire may be
issued
The registrar must not issue a permit to acquire a firearm earlier than 28
days after the day the application for the permit is made.
47 Permits to acquire—period in
force
(1) A permit to acquire a firearm begins on the day it is issued and
remains in force, subject to this Act, until the earlier of—
(a) the end of 30 days after the day the permit is issued;
or
(b) the day the permit-holder acquires the firearm.
(2) The registrar may extend the period mentioned in subsection (1) (a) so
the permit is in force for not longer than 60 days if—
(a) there is a delay in acquiring the firearm to which the permit relates;
and
(b) the registrar is satisfied on reasonable grounds that the delay is
caused by circumstances beyond the permit-holder’s control.
48 Permits to
acquire—replacements
(1) The registrar may issue a replacement permit to acquire a firearm to
the permit-holder if satisfied on reasonable grounds that the permit (the
original permit) has been lost, stolen or destroyed.
Note A fee may be determined under s 125 for this
provision.
(2) If the registrar issues the replacement permit, the registrar
must—
(a) record in the register that the original permit has been lost, stolen
or destroyed; and
(b) not later than 48 hours after making the record, tell all licensed
firearms dealers in writing that the original permit has been recorded as lost,
stolen or destroyed.
48A Offence—notice of lost, stolen and
destroyed permits to acquire
The holder of a permit to acquire a firearm commits an offence
if—
(a) the permit is lost, stolen or destroyed; and
(b) the holder knows about the loss, theft or destruction; and
(c) the holder fails to tell the registrar about the loss, theft or
destruction within 7 days after the day the holder becomes aware of the loss,
theft or destruction.
Maximum penalty: 10 penalty units.
48B Permits to acquire—automatic suspension and
cancellation
(1) A person’s permit to acquire a firearm (the relevant
firearm) is suspended by force of this section if the person’s
licence or permit (the relevant suspended licence) authorising the
person to possess or use a firearm of the same kind as the relevant firearm is
suspended.
(2) The suspension of the permit to acquire takes effect on the day the
suspension of the relevant suspended licence takes effect.
(3) The permit to acquire is suspended until the earlier
of—
(a) the day the permit ceases to be in force; or
(b) the day the suspension of the relevant suspended licence
ends.
(4) A person’s permit to acquire a firearm (the relevant
firearm) is cancelled by force of this section if the person’s
licence or permit (the relevant cancelled licence) authorising the
person to possess or use a firearm of the same kind as the relevant firearm is
cancelled.
(5) The cancellation of the permit to acquire takes effect on the day the
cancellation of the relevant cancelled licence takes effect.
Note A regulation may prescribe other reasons for suspending or
cancelling a permit (see s 49A).
48C Permits to acquire—cancellation by
registrar
(1) The registrar must cancel a permit to acquire a
firearm—
(a) if, had the permit-holder been applying for the permit held, the
registrar would be required to refuse to issue the permit; or
Note For when the registrar must refuse
to issue a permit to acquire a firearm, see s 46 and s 46A.
(b) if satisfied on reasonable grounds that the
permit-holder—
(i) gave information that was (to the holder’s knowledge) false or
misleading in a material particular in relation to the application for the
permit; or
(ii) has contravened this Act, whether or not the permit-holder has been
convicted of an offence for the contravention; or
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(iii) has contravened a condition of the permit; or
(c) for any other reason prescribed by regulation.
Note If the registrar cancels a permit under this section, the
registrar must give written notice of the decision to the permit-holder (see s
114).
(2) The cancellation of a permit to acquire a firearm under this section
takes effect on—
(a) the day notice of the cancellation is given to the permit-holder;
or
(b) if the notice of the cancellation states a later date of
effect—the stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
49 Offence—failing to give up suspended or
cancelled permit to acquire
(1) A person commits an offence if—
(a) the person’s permit to acquire a firearm (the relevant
firearm) is suspended or cancelled; and
(b) the person intentionally or negligently fails to give the permit to a
police officer—
(i) if the police officer is present and asks the person for the permit,
and the person has the permit—immediately; or
(ii) if the permit is suspended by force of section 48B (Permits to
acquire—automatic suspension and cancellation)—as soon as possible
after the day the suspension of the person’s relevant licence takes
effect; or
(iii) if the permit is cancelled by force of section 48B—as soon as
possible after the day the cancellation of the person’s relevant licence
takes effect; or
(iv) if the permit is cancelled under section 48C (Permits to
acquire—cancellation by registrar)—
(A) as soon as possible after the day the person is given notice of the
cancellation; or
(B) if a longer time is stated in the notice—within the time stated
in the notice.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) In this section:
relevant licence, of a person, means the licence or permit
that authorises the person to possess or use a firearm of the same kind as the
relevant firearm.
49A Regulations about permits to
acquire
A regulation may make provision in relation to any of the
following:
(a) the way in which an application for a permit to acquire a firearm may
or must be made;
(b) the particulars an application for a permit to acquire a firearm must
include;
(c) the conditions that may be imposed on a permit to acquire a firearm,
or to which the permit is subject;
(d) the reasons for which a permit to acquire a firearm may be suspended
or cancelled.
substitute
Part 4 Registration of firearms and firearm
users
Division
4.1 Interpretation
49B Meaning of owner and user
particulars—pt 4
In this part:
owner and user particulars, in relation to a registered
firearm, means—
(a) the name of the registered owner of the firearm; and
(b) if the registered owner of the firearm is a composite entity—the
name of the registered principal; and
(c) the name of each registered user of the firearm; and
(d) particulars of the licence or permit of each registered owner or
registered user.
Division 4.2 Register of
firearms
50 Register of firearms
(1) The registrar must keep a register of firearms stored in the ACT by
licensees and permit-holders.
(2) The register must be kept in a way that allows—
(a) the register to be linked to a national scheme for firearms management
or registration prescribed by regulation; and
(b) information in the register to be accessed by other State and
Territory government entities responsible for administering or enforcing
legislation relating to firearms.
(3) A firearm for which a temporary international firearms licence is
issued need not be registered.
50A Contents of register
The register consists of—
(a) for each registered firearm—
(i) the owner and user particulars; and
(ii) the address of the premises in the ACT where the
firearm—
(A) is or is to be stored; or
(B) if the registered owner is a licensed firearms dealer—may be
available for sale; and
(iii) any other particulars prescribed by regulation; and
(b) for each registered user of a registered firearm—
(i) if the registered user is employed by a licensed firearms
dealer—the dealer’s name; and
(ii) if the registered user is employed by a composite entity that holds a
category A, category B, category C or category H licence—the composite
entity’s name; and
(iii) if the registered user is a member of an approved club—the
approved club’s name; and
(iv) any other particulars prescribed by regulation; and
(c) any other information required under this Act to be included in the
register.
Note A reference to an Act includes a
reference to the statutory instruments made or in force under the Act, including
any regulation (see Legislation Act, s 104).
50B Register not available to
public
The register must not be available for inspection by a member of the
public.
50C Two-yearly reviews
(1) The registrar must, at least once every 2 years, undertake a review of
the register to assess the accuracy of information in the register.
(2) In undertaking the review, the registrar need not check every entry in
the register, but may sample the entries either randomly or systematically to
assess the accuracy of information.
(3) The registrar must—
(a) prepare a written report stating—
(i) when the review was carried out; and
(ii) the results of the review; and
(b) not later than 3 months after the day the review is finished, give the
report to the chief executive.
Division 4.3 Registration of
firearms
51 Firearm
registration—application
(1) The owner of a firearm may apply to the registrar to register the
firearm.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) The application must state the address of the premises in the ACT
where the firearm—
(a) is or is to be stored; or
(b) if the registered owner is a licensed firearms dealer—may be
available for sale.
51A Firearm registration—request for further
information etc
(1) This section applies to an application for registration of a
firearm.
(2) The registrar may give the applicant a written notice requiring the
applicant to—
(a) give the registrar stated further information or documents that the
registrar reasonably needs to decide the application; and
(b) produce the firearm to the registrar to allow the registrar
to—
(i) identify the firearm by inspecting it; and
(ii) decide if the firearm is safe.
(3) If the applicant does not comply with subsection (2) (a), the
registrar may refuse to consider the application further.
Note If the applicant does not produce the firearm, the registrar
must refuse to register the firearm (see s 51C (2)).
51B Firearm
registration—decision
On an application for registration of a firearm, the registrar must
register the firearm unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to register a firearm, see
s 51C.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
51C Firearm
registration—refusal
(1) The registrar must refuse to register a firearm unless the person to
be the registered owner is the holder of a licence or permit in relation to the
firearm.
(2) Also, if the registrar requires an applicant for registration of a
firearm to produce the firearm under section 51A (2) (b), the registrar must
refuse to register the firearm if it is not produced as required.
51D Firearm registration notice
(1) This section applies if the registrar—
(a) registers a firearm under section 51B; or
(b) registers a person as a user of a firearm under section 52BB;
or
(c) records in the register, as prescribed by regulation, a change in the
owner and user particulars for a firearm.
(2) The registrar must issue a firearm registration notice to the
registered owner of the firearm.
(3) The registrar may also, but need not, issue a firearm registration
notice to each registered user of the firearm.
(4) However, if a registered user of a firearm applies to the registrar
for a firearm registration notice for the firearm, the registrar must issue the
notice to the user.
Note 1 If a form is approved under s 125A for this provision, the
form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
51E End of firearm registration
The registration of a firearm remains in force unless cancelled under
section 52.
52 Cancellation of firearm
registration
(1) The registrar must cancel the registration of a
firearm—
(a) if the owner of the firearm no longer holds a licence or permit in
relation to the firearm; or
(b) if satisfied on reasonable grounds that the applicant for registration
gave information that was (to the applicant’s knowledge) false or
misleading in a material particular in relation to the application; or
(c) if the owner of the firearm is convicted of—
(i) an offence against this Act; or
(ii) an offence against the Criminal Code, part 3.4 (False or misleading
statements, information and documents) in relation to an application under this
Act; or
(iii) an offence against the Criminal Code, section 346 (Forgery) in
relation to a licence or permit under this Act; or
(iv) an offence against the Criminal Code, section 361 (Obstructing
Territory public official) in relation to a police officer exercising a function
under this Act; or
(v) an offence prescribed by regulation; or
(d) if the owner of the firearm asks for the cancellation; or
(e) for any other reason prescribed by regulation.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 If the registrar cancels the registration of a firearm under
this section, the registrar must give written notice of the decision to the
owner of the firearm (see s 114).
(2) The cancellation takes effect on—
(a) the day notice of the cancellation is given to the owner of the
firearm; or
(b) if the notice of the cancellation states a later date of
effect—the stated date.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
52A Police may seize firearms if firearm registration
cancelled
A police officer may seize a firearm if the firearm’s registration is
cancelled.
Division 4.4 Registration of firearms
users
52B User
registration—application
(1) This section applies to the holder of 1 or more of the following
licences:
(a) a category A licence;
(b) a category B licence;
(c) a category C licence;
(d) a category H licence;
(e) a firearms dealer licence;
(f) a paintball marker licence.
(2) The holder may apply to the registrar for registration as a user of a
registered firearm—
(a) of which someone else is the registered owner; and
(b) of the kind the holder is authorised to use by the holder’s
licence.
(3) The application must—
(a) be accompanied by a certified copy of the applicant’s licence;
and
(b) contain the registered owner’s written consent to the
registration of the applicant as a user of the firearm.
Example
Anthony holds a category A licence. Jess is the registered owner of a
category A firearm and agrees to let Anthony use her firearm. Anthony may apply
to the registrar to be a registered user of Jess’s firearm.
Note 1 If a form is approved under s 125A for this provision, the
form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
Note 3 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
52BA User registration—request for further
information etc
(1) This section applies to an application for registration as a user of a
firearm.
(2) The registrar may give the applicant a written notice requiring the
applicant to give the registrar stated further information or documents that the
registrar reasonably needs to decide the application.
(3) The registrar may give the registered owner of the firearm a written
notice requiring the registered owner to produce the firearm to the registrar to
allow the registrar to—
(a) identify the firearm by inspecting it; and
(b) decide if the firearm is safe.
(4) If the applicant does not comply with subsection (2), the registrar
may refuse to consider the application further.
Note If the registered owner does not produce the firearm, the
registrar must refuse to register the user (see s 52C (2)).
52BB User
registration—decision
On an application for registration as a user of a firearm, the registrar
must register the user unless prevented from doing so by this Act.
Note 1 For when the registrar must refuse to register a person as a
user of a firearm, see s 52C.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
52C User
registration—refusal
(1) On an application for registration as a user of a firearm, the
registrar must refuse to register the applicant as a user unless satisfied on
reasonable grounds that—
(a) the firearm to which the application relates is of a kind suitable for
use for the genuine reason established by the applicant for the issue of the
applicant’s licence; and
(b) if the applicant is a licensed firearms dealer or composite entity, or
an employee or person acting on behalf of a licensed firearms dealer or
composite entity—the applicant requires the firearm for the purposes of
the dealership or entity.
(2) Also, if the registrar requires the registered owner of a firearm to
produce the firearm under section 52BA (3), the registrar must refuse to
register the user if the firearm is not produced as required.
52D Effect of registration as
user
(1) Registration as a user of a firearm authorises the registered user to
possess and use the firearm as if the firearm were held under the registered
user’s licence or permit.
(2) However, a registered user of a firearm may possess or use the firearm
only with the registered owner’s permission.
(3) Also, a registered user is authorised to possess and use a firearm for
which a licensed firearms dealer is the registered owner if—
(a) the dealer is listed in the register in relation to the user;
and
(b) the user is employed by the dealer; and
(c) the user possesses and uses the firearm in the course of the
employment.
(4) Also, a registered user is authorised to possess and use a category A,
category B, category C or category H firearm for which a composite entity is the
registered owner if—
(a) the composite entity is listed in the register in relation to the
user; and
(b) the user is employed by the composite entity; and
(c) the user possesses and uses the firearm in the course of the
employment.
(5) Also, a registered user is authorised to possess and use a category A,
category B or category H firearm for which an approved club is the registered
owner if—
(a) the approved club is listed in the register in relation to the user;
and
(b) the user is a member of the club; and
(c) the user possesses and uses the firearm while on an approved shooting
range owned or used by the club, or another approved club, to take part in a
competition in, or activities relating to, the use of the firearm.
52E User registration—period in
force
The registration of a user of a firearm remains in force unless cancelled
under this division.
52F Automatic cancellation of user
registration
(1) This section applies if the registrar cancels the registration of a
firearm under section 52.
(2) The registration of each registered user of the firearm is cancelled
by force of this section on the day the firearm’s registration is
cancelled.
(3) The registrar must give each person (other than an excepted person)
whose registration as a user of the firearm is cancelled by force of this
section a written notice stating—
(a) that the person’s registration as a user of the firearm is
cancelled because the firearm’s registration is cancelled; and
(b) the date the firearm’s registration is cancelled.
(4) For a firearm for which a composite entity is the registered owner,
the registered principal for the firearm must give each excepted person a
written notice stating—
(a) that the person’s registration as a user of the firearm is
cancelled because the firearm’s registration is cancelled; and
(b) the date the firearm’s registration is cancelled.
(5) In this section:
excepted person, in relation to a firearm for which a
composite entity is the registered owner, means a person whose registration as a
user of the firearm is cancelled by force of this section.
52G Automatic cancellation of user
registration—certain registered users
(1) This section applies to a person who is a registered user of a firearm
if any of the following is the registered owner of the firearm:
(a) a licensed firearms dealer;
(b) a composite entity;
(c) an approved club.
(2) The person’s registration as a registered user is cancelled by
force of this section if the person stops being—
(a) if the registered owner is a licensed firearms dealer—an
employee of the dealer; or
(b) if the registered owner is a composite entity—a principal or
employee of the composite entity; or
(c) if the registered owner is an approved club, and the person is not a
principal or employee of the club—an active member of the club.
(3) The cancellation takes effect on the day the person stops being the
employee, principal or active member.
Division
4.5 Offences—registration
52H Offence—failing to notify event causing
cancellation of user registration
(1) A person commits an offence if—
(a) the person’s registration as a user is cancelled under
section 52G; and
(b) the person does not, within 7 days after the day the registration is
cancelled, tell the registrar in writing about the reason for the
cancellation.
Maximum penalty: 10 penalty units.
(2) The holder of a composite entity licence commits an offence
if—
(a) a person who is an employee of the entity is a registered user of a
firearm of which the entity is the registered owner; and
(b) the person stops being employed by the entity; and
(c) the entity does not, within 7 days after the day the person stops
being employed by the entity, tell the registrar in writing about the end of the
employment.
Maximum penalty: 10 penalty units.
(3) A licensed firearms dealer commits an offence if—
(a) a person who is an employee of the dealer is a registered user of a
firearm of which the dealer is the registered owner; and
(b) the person stops being employed by the dealer; and
(c) the dealer does not, within 7 days after the day the person stops
being employed by the dealer, tell the registrar in writing about the end of the
employment.
Maximum penalty: 10 penalty units.
53 Offence—unregistered
firearms
(1) A person must not dispose of or acquire—
(a) a prohibited firearm that is not registered; or
(b) any other firearm that is not registered.
Maximum penalty:
(a) for subsection (1) (a)—1000 penalty units, imprisonment for 10
years or both; or
(b) for subsection (1) (b)—500 penalty units, imprisonment for
5 years or both.
(2) A person must not possess or use—
(a) a prohibited firearm that is not registered; or
(b) any other firearm that is not registered.
Maximum penalty:
(a) for subsection (2) (a)—1 000 penalty units, imprisonment
for 10 years or both; or
(b) for subsection (2) (b)—500 penalty units, imprisonment for
5 years or both.
(3) Subsection (1), to the extent that it creates an offence of disposing
of a firearm that is not registered, and subsection (2), to the extent that it
creates an offence of possessing a firearm that is not registered, do not apply
in relation to the surrender of a firearm to a police officer.
(4) Also, subsection (1), to the extent that it creates an offence of
acquiring a firearm that is not registered, and subsection (2), to the extent
that it creates an offence of possessing a firearm that is not registered, do
not apply if—
(a) the person is a licensed firearms dealer; and
(b) the firearm is registered within the period prescribed by
regulation.
(5) Also, subsections (1) and (2) do not apply to a person if the
person—
(a) did not know, and could not reasonably be expected to have known, that
the firearm was not registered; and
(b) is not the owner of the firearm.
54 Offence—requirements relating to registered
firearms
(1) The registered owner of a firearm must produce the firearm for
inspection by a police officer at any reasonable time if asked to do so by the
officer.
Maximum penalty: 50 penalty units.
(2) A person (other than a licensed firearms dealer) who is the registered
owner of a firearm commits an offence if the person—
(a) sells the firearm; and
(b) fails to give the registrar the particulars prescribed by regulation
in relation to the sale within 7 days after the day the firearm is
sold.
Maximum penalty: 50 penalty units.
(3) A person (other than a licensed firearms dealer) commits an offence if
the person—
(a) acquires a firearm; and
(b) fails to give the registrar the particulars prescribed by regulation
in relation to the acquisition within 7 days after the day the firearm is
acquired.
Maximum penalty: 50 penalty units.
Note See also s 110 (Offence—lost, stolen or destroyed
firearms).
55 Offence—possessing firearm under another
licence
A licensee must not possess a firearm of which someone else is the
registered owner unless—
(a) the person is the registered principal for, or a registered user of,
the firearm; or
(b) the licensee is otherwise authorised under this Act to possess the
firearm.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
substitute
Part 5 Safe storage of
firearms
substitute
62 Offence—failing to comply with storage
requirements
(1) A person commits an offence if the person—
(a) possesses—
(i) a prohibited firearm; or
(ii) any other firearm; and
(b) fails to take all reasonable steps to ensure each of the
following:
(i) the firearm is stored safely;
(ii) the firearm is not lost or stolen;
(iii) the firearm does not come into the possession of someone who is not
authorised to possess the firearm.
Maximum penalty:
(a) for subsection (1) (a) (i)—imprisonment for 2 years;
(b) for subsection (1) (a) (ii)—imprisonment for 1 year.
(2) For a firearm stored in a vehicle, the person who possesses the
firearm takes all reasonable steps to ensure it is stored safely if the firearm
is stored in the vehicle in accordance with any guidelines under section 12A
(Minister’s guidelines).
(3) Also, a regulation may prescribe what are reasonable steps.
29 Category
A and B licence requirementsSection
63
omit everything before subsection (1) (a), substitute
63 Offence—storage requirements for category A,
category B and paintball marker licences
(1) The holder of a category A, category B or paintball marker licence
must comply with the following requirements in relation to each registered
firearm held under the licence:
30 Section
63 (1) penalty
substitute
Maximum penalty: imprisonment for 1 year.
31 Category
C, D and H licence requirementsSection
64
omit everything before subsection (1) (a), substitute
64 Offence—storage requirements for category C,
D and H licences
(1) The holder of a category C, category D or category H licence must
comply with the following requirements in relation to each registered firearm
held under the licence:
32 Section
64 (1) penalty
substitute
Maximum penalty: imprisonment for 2 years.
substitute
Part 6 Firearms dealers
Division
6.1 Interpretation
65A Meaning of prohibited person—pt
6
In this part:
prohibited person—see section 66B.
Division 6.2 Licences and licensed firearms
dealers
substitute
66 Offence—firearms dealers to be
licensed
A person commits an offence if—
(a) in carrying on a business, the person—
(i) manufactures, acquires, disposes of, repairs, maintains or tests
firearms or firearm parts; or
(ii) possesses firearms for the purpose of disposing of, or repairing,
maintaining or testing, them; or
(iii) possesses firearm parts for the purpose of manufacturing firearms;
or
(iv) stores firearms for someone else; and
(b) the person is not authorised to do the thing by a firearms dealer
licence.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
66A Information about close associates of certain
firearms dealers
(1) In an application for a firearms dealer licence, the applicant must
give the name and address of each close associate of the applicant and
particulars of the kind of association with the applicant.
(2) If a close associate of a licensed firearms dealer changes after the
dealer gives the registrar the most recent application for a licence, or
declaration under this section, the dealer must give the registrar not later
than 7 days after the day the change happened a written
declaration—
(a) telling the registrar about the change; and
(b) stating the name and address of each close associate of the dealer and
particulars of the nature of the association with the dealer.
(3) The registrar may, by written notice given to a licensed firearms
dealer, require the dealer to give the registrar within the reasonable time
stated in the notice—
(a) a written declaration that—
(i) the dealer (and no one else) is the person primarily responsible for
the management of the business authorised by the licence; or
(ii) someone else (whether instead of or in addition to the dealer) is
primarily responsible for the management of the business; and
(b) a written declaration—
(i) that the close associates of the dealer (if any) have not changed
since the most recent application for a licence, or declaration under this
section, was given to the registrar; or
(ii) stating the name and address of each close associate of the dealer
and particulars of the nature of the association with the dealer.
Note The Criminal Code, pt 3.4 includes offences for giving false or
misleading statements and giving false or misleading information.
66B Meaning of prohibited person for licensed
firearms dealers
For this part, an individual is a prohibited person for a
licensed firearms dealer if the individual—
(a) does not hold an adult firearms licence; and
(b) is not suitable.
Note 1 For when an individual is or is not suitable, see s
4BG.
Note 2 If an individual’s licence is suspended, the licensee
is not authorised to possess or use any firearm (not only firearms held under
the licence) during the suspension (see s 40 and s 40A).
66C Registrar’s statement whether person
prohibited—application
(1) A licensed firearms dealer must apply to the registrar for a statement
about an individual who has agreed to the making of the application
if—
(a) the dealer—
(i) proposes to employ the individual in the business authorised by the
licence; or
(ii) proposes to allow the individual to act as an agent for, or take part
in the management of, the business; and
(b) the individual does not hold an adult firearms licence.
Note 1 If a form is approved under s 125A
for this provision, the form must be used.
Note 2 A fee may be determined under s 125 for this
provision.
(2) A licensed firearms dealer may apply to the registrar for a statement
about an individual who has agreed to the making of the application
if—
(a) the dealer—
(i) employs the individual in the business authorised by the licence;
or
(ii) allows the individual to act as an agent for, or take part in the
management of, the business; and
(b) the individual does not hold an adult firearms licence.
(3) The application must—
(a) provide evidence of the individual’s identity in accordance with
the requirements under the Financial Transaction Reports Act 1988 (Cwlth)
that apply in relation to the opening of a bank account; and
(b) contain the information mentioned in section 19 (2) (b) (Adult
firearms licences—applications) as if the individual were the applicant;
and
(c) be accompanied by the documents mentioned in
section 19 (2) (c) as if the individual were the
applicant.
(4) Also, the registrar may give the individual a written notice requiring
the individual to give the registrar stated further information or documents
mentioned in section 20 (Adult firearms licences—requirement for further
information etc) as if the individual were the applicant.
66D Registrar’s statement whether person
prohibited
On an application under section 66C, the registrar must give the licensed
firearms dealer a statement in relation to the individual stating whether the
individual is a prohibited person.
66E Offence—prohibited person not to be
involved in firearms dealing business
(1) A licensed firearms dealer commits an offence if the
dealer—
(a) employs a prohibited person in the business authorised by the licence;
or
(b) allows a prohibited person to act as an agent for, or take part in the
management of, the business.
Maximum penalty: imprisonment for 10 years.
(2) A person commits an offence if—
(a) the person is a prohibited person; and
(b) either—
(i) a licensed firearms dealer employs the person in the business
authorised by the licence; or
(ii) a licensed firearms dealer allows the person to act as an agent for,
or take part in the management of, the business.
Maximum penalty: imprisonment for 10 years.
(3) It is a defence to a prosecution for an offence against subsection (1)
if the licensed firearms dealer proves that the dealer did not know, and could
not reasonably be expected to have known, that the individual employed or
allowed to act as an agent for, or to take part in the management of, the
business was a prohibited person.
67 Offence—restrictions on acquisition and
disposal of firearms by firearms dealers
(1) A licensed firearms dealer commits an offence if—
(a) the dealer acquires a firearm from someone (the
disposer) who is not a licensed firearms dealer; and
(b) the disposer—
(i) is not authorised by a licence or permit to possess the firearm;
or
(ii) is authorised by a licence or permit to possess the firearm, but the
dealer has not inspected the licence or permit.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A licensed firearms dealer commits an offence if—
(a) the dealer disposes of a firearm to someone (the
acquirer); and
(b) any of the following apply:
(i) the acquirer is not authorised by a licence or permit to possess the
firearm;
(ii) the acquirer is authorised by a licence or permit to possess the
firearm, but the dealer has not inspected the licence or permit;
(iii) the dealer has not inspected the acquirer’s permit to acquire
the firearm (or the equivalent of a permit to acquire a firearm that is issued
under the law of a State or another Territory for the firearm).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply in relation to the surrender of a
firearm to a police officer.
Division 6.3 Licensed firearms
dealers—records and returns
67A Definitions—div 6.3
In this division:
acquire, a firearm, includes—
(a) take possession of the firearm to repair, maintain or test it;
and
(b) store the firearm.
dispose, of a firearm, includes, for a firearm that is
repaired, maintained, tested or stored for a person, return the firearm to the
person.
68 Offence—records
generally
A licensed firearms dealer commits an offence if the dealer intentionally
or negligently fails to ensure that—
(a) each acquisition or disposal of a firearm, or firearm part, to which
the dealer’s licence applies is recorded in accordance with this division;
and
(b) each record relating to a firearm or firearm part is given to the
registrar as prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
68AA Acquisition and
disposal—records
(1) This section applies if a licensed firearms dealer—
(a) acquires a firearm or firearm part from someone else; or
(b) disposes of a firearm or firearm part to someone else.
(2) The record of the acquisition or disposal of the firearm or firearm
part must contain the following particulars:
(a) the name and address of the other person;
(b) for a firearm other than a firearm that is temporarily
stored—the number of the other person’s licence or permit
authorising the other person to possess the firearm or firearm part;
(c) for a disposal of a firearm (other than the surrender of a firearm to
a police officer or a firearm temporarily stored)—the number of the other
person’s permit to acquire the firearm;
(d) for each firearm or firearm part that is or has been in the firearms
dealer’s possession—
(i) the date it was first acquired by the dealer and, if no longer in the
dealer’s possession, the date of its disposal by the dealer; and
(ii) the name and address of the person who first gave possession of it to
the dealer; and
(iii) if it is disposed of by the dealer (other than by return to the
person for whom it was stored)—its make, serial number, calibre, type,
action and magazine capacity (if any);
(e) any other particulars prescribed by regulation.
(3) The record of the acquisition or disposal must be made within
48 hours after the acquisition or disposal, unless a regulation prescribes
otherwise.
(4) The record of the acquisition or disposal must be made and kept in the
way approved by the registrar.
(5) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
68A Correction of recorded
entries
A correction to an entry in a record required to be kept under this
division must—
(a) preserve the record; and
(b) show that a correction has been made and the date it was made;
and
(c) be made in accordance with any guidelines under section 12A
(Minister’s guidelines).
68B Offence—inspection of
records
(1) A licensed firearms dealer commits an offence if the
dealer—
(a) is required to keep a record, or ensure a record is kept, under this
division; and
(b) fails to do 1 or more of the following when asked by a police
officer:
(i) show the record to the officer and allow the officer to inspect and
make copies of any entry in it;
(ii) show the officer the firearms and firearm parts in the dealer’s
possession;
(iii) give the officer any information in the dealer’s possession
about a firearm or firearm part that, under the authority of the dealer’s
licence—
(A) is in the dealer’s possession; or
(B) has been manufactured or repaired; or
(C) has been acquired; or
(D) has been disposed of.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
68C Offence—records of former firearms
dealers
(1) A person commits an offence if the person—
(a) stops being a licensed firearms dealer; and
(b) not later than 14 days after the day (the end day) the
person stops being licensed, the person fails to give the registrar all of the
person’s records as a dealer during the 2 years immediately before
the end day.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
69 Offence—monthly returns
(1) Not later than 7 days after the end of each month, a licensed firearms
dealer must give the registrar a return for the month that contains the
particulars mentioned in section 68AA (2) (Acquisition and
disposal—records).
(2) A licensed firearms dealer commits an offence if the dealer does not
take all reasonable steps to give a return in accordance with this
section.
Maximum penalty: 10 penalty units.
substitute
70 Additional requirements for firearms
dealers
substitute
(4) A licensed firearms dealer must ensure that each record required to be
kept by the dealer under this Act is kept in a safe place on the registered
premises for the firearm, other than a place in which firearms are kept under
this Act.
Maximum penalty: 50 penalty units.
(5) A licensed firearms dealer commits an offence if the
dealer—
(a) takes possession of a firearm from someone else to—
(i) repair, maintain or test it; or
(ii) store it for the person; and
(b) has not inspected—
(i) the person’s licence or permit in relation to the firearm;
and
(ii) the firearm registration notice for the firearm.
Maximum penalty: 50 penalty units.
(6) Subsection (5) does not apply in relation to—
(a) a firearm that is temporarily stored; or
(b) storage of a firearm mentioned in section 36AA (b) (i) (Adult firearms
licences—special conditions of category D licences).
(6A) A licensed firearms dealer must not store, maintain or repair a
firearm that is not registered.
Maximum penalty: 50 penalty units.
(6B) Subsection (6A) does not apply in relation to a firearm that is
temporarily stored.
Note See s 93 (Offence—disposal of firearms by unauthorised
holders generally) and s 93A (Offence—disposal of inherited
firearms).
37 Security
of displayed firearmsSection 71
(2)
omit everything before paragraph (a), substitute
(2) A licensed firearms dealer commits an offence if the dealer fails to
ensure that each firearm displayed in any part of the registered
premises—
substitute
Part 7 Enforcement
Division
7.1 Interpretation
73 Meaning of offence—pt
7
In this part:
offence includes an offence that there are reasonable grounds
for believing has been, is being, or will be, committed.
Division 7.2 Powers of police
officers
74 Power to enter premises
(1) For this Act, a police officer may—
(a) at any reasonable time, enter premises that the public is entitled to
use or that are open to the public (whether or not on payment); or
(b) at any time when the premises of a licensed firearms dealer are open
for business, enter the premises; or
(c) at any time, enter premises with the occupier’s consent;
or
(d) enter premises in accordance with a licence or permit condition;
or
(e) enter premises in accordance with a search warrant; or
(f) at any time, enter premises if the police officer believes on
reasonable grounds that—
(i) an offence or a breach of the peace is being or is likely to be
committed, or a person has suffered physical injury or there is imminent danger
of injury to a person or damage to property; and
(ii) it is necessary to enter the premises immediately for the purpose of
preventing the commission or repetition of an offence or a breach of the peace
or to protect life or property.
(2) However, subsection (1) (a) and (b) do not authorise entry into a part
of premises that is being used only for residential purposes.
(3) A police officer may, without the consent of the occupier of premises,
enter land that is around, or part of, the premises to ask for consent to enter
the premises.
(4) To remove any doubt, a police officer may enter premises under
subsection (1) without payment of an entry fee or other charge.
(5) In this section:
at any reasonable time includes at any time when the public
is entitled to use the premises, or when the premises are open to or used by the
public (whether or not on payment).
74A Production of evidence of
identity
A police officer must not remain at premises entered under this part if the
officer does not produce evidence that the officer is a police officer when
asked by the occupier.
75 Consent to entry
(1) When seeking the consent of an occupier of premises to enter the
premises under section 74 (1) (c), a police officer must—
(a) produce evidence that he or she is a police officer; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the police officer must ask the occupier to
sign a written acknowledgment (an acknowledgment of
consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time and date consent was given.
(3) If the occupier signs an acknowledgment of consent, the police officer
must immediately give a copy to the occupier.
(4) A court must find that an occupier did not consent to entry to the
premises by a police officer under this part if—
(a) the question arises in a proceeding in the court whether the occupier
consented to the entry; and
(b) an acknowledgment of consent is not produced in evidence;
and
(c) it is not proved that the occupier consented to the entry.
75A General powers on entry to
premises
A police officer who enters premises under this part may, for this Act, do
1 or more of the following in relation to the premises or anything at the
premises:
(a) inspect or examine, including inspect, make copies of, or take
extracts from, any record required to be kept under part 6 (Firearms dealers),
or any other document that the officer believes on reasonable grounds is
connected with—
(i) the acquisition, disposal, possession, repair, maintenance, testing,
modification or manufacture of a firearm or firearm part; or
(ii) the storage of a firearm;
(b) test, or remove for testing, any firearm or firearm part that the
officer believes on reasonable grounds is not safe or has been modified
otherwise than in accordance with this Act or another law in force in the
ACT;
(c) if the officer believes on reasonable grounds that a firearm at the
premises is not safe—direct, in writing, the occupier of the premises,
and, if the occupier is not the owner of the firearm, the registered owner, not
to use or dispose of the firearm, unless it has been made safe for use and has
been inspected, tested and approved by the registrar;
(d) take photographs, films, or audio, video or other
recordings;
(e) require the occupier, or anyone at the premises, to produce any
document kept at the premises that the officer believes on reasonable grounds is
connected with an offence;
(f) require the occupier, or an employee or agent of the occupier, to give
the police officer reasonable help to exercise a power under this
part.
Examples—help
1 give information
2 answer questions
Note 1 The Legislation Act, s 170 and s 171 deal with the
application of the privilege against selfincrimination and client legal
privilege.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
75B Powers on
entry—condition
(1) This section applies if a police officer enters registered premises
for a firearm under a condition of a licence or permit.
(2) The police officer may—
(a) inspect any facility for storing firearms at the premises;
and
(b) test, or remove for testing, any firearm that the officer believes on
reasonable grounds is not safe or has been modified otherwise than in accordance
with this Act or another law in force in the ACT; and
(c) if the officer believes on reasonable grounds that a firearm at the
premises is not safe—direct, in writing, the licensee or permit-holder not
to use or dispose of the firearm, unless it has been made safe for use and has
been inspected, tested and approved by the registrar; and
(d) seize a thing if satisfied on reasonable grounds that the thing is
connected with an indictable offence.
75C Offences—noncompliance with directions and
requirements
(1) A person must take all reasonable steps to comply with a direction
given to the person under section 75A (c).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person must take all reasonable steps to comply with a requirement
made of the person under section 75A (e) or section 75A (f).
Maximum penalty: 50 penalty units.
75D Power to seize things
(1) A police officer who enters premises under this part with the
occupier’s consent may seize anything at the premises if—
(a) satisfied on reasonable grounds that the thing is connected with an
offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry told
to the occupier when seeking the occupier’s consent.
(2) A police officer who enters premises under a warrant under this part
may seize anything at the premises that the officer is authorised to seize under
the warrant.
(3) A police officer who enters premises under this part (whether with the
occupier’s consent, under a warrant or otherwise) may seize anything at
the premises if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from
being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Also, a police officer who enters premises under this part (whether
with the occupier’s consent, under a warrant or otherwise) may seize
anything at the premises if satisfied on reasonable grounds that the thing is
connected with an indictable offence.
(5) The powers of a police officer under subsections (3) and (4) are
additional to any powers of the officer under subsection (1) or (2) or any
other territory law.
(6) A police officer who seizes a thing under this section
may—
(a) remove the thing from the premises where it was seized (the
place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to
it.
(7) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing a
seized thing, to which access has been restricted under subsection (6);
and
(b) the person knows access to the seized thing has been restricted;
and
(c) the person does not have a police officer’s approval to
interfere with the thing.
Maximum penalty: 50 penalty units.
(8) Strict liability applies to subsection (7) (a).
75DA Receipt for things seized
(1) As soon as practicable after a police officer seizes a thing under
this part, the officer must give a receipt for it to the person from whom it was
seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the police officer must leave the receipt, secured
conspicuously, at the premises where it was seized (the place of
seizure).
(3) The receipt must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the police officer’s name, and information about how to contact
the officer;
(d) if the thing is removed from the place of seizure—the address of
the place to which the thing is removed;
(e) if a police officer has restricted access to the thing under section
75D (6) (b)—that it is an offence under section 75D (7) to interfere with
the thing without a police officer’s approval.
Division 7.3 Search
warrants
76 Warrants generally
(1) A police officer may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
Note Swear an oath includes make an affirmation (see Legislation
Act, dict, pt 1, def swear).
(3) The magistrate may refuse to consider the application until the police
officer gives the magistrate all the information the magistrate requires about
the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing (including a firearm) or activity
connected with an offence against this Act; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the next 7
days.
(5) The magistrate may also issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a firearm that is unsafe to use; and
(b) the firearm—
(i) is at the premises; or
(ii) may be at the premises within the next 7 days.
(6) The warrant must state—
(a) that a police officer may, with any necessary assistance and force,
enter stated premises and exercise the officer’s powers under this part;
and
(b) the reason for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 7 days after the day of the warrant’s issue,
the warrant ends.
(7) In this section:
connected—an activity is connected with
an offence if—
(a) the offence has been committed by engaging or not engaging in it;
or
(b) it will provide evidence of the commission of the offence.
76A Warrants—application made other than in
person
(1) A police officer may apply for a warrant by phone, fax, radio or other
form of communication if the officer considers it necessary because
of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the police officer must prepare an
application stating the grounds on which the warrant is sought.
(3) The police officer may apply for the warrant before the application is
sworn.
(4) If the magistrate issues the warrant, the magistrate must immediately
fax a copy to the police officer if it is practicable to do so.
(5) If it is not practicable to fax a copy to the police
officer—
(a) the magistrate must tell the officer—
(i) the date and time the warrant was issued; and
(ii) the warrant’s terms; and
(b) the police officer must complete a form of warrant (the warrant
form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The faxed copy of the warrant, or the warrant form properly completed
by the police officer, authorises the entry and exercise of the officer’s
powers under the warrant.
(7) The police officer must, at the first reasonable opportunity, send to
the magistrate—
(a) the sworn application; and
(b) if the officer completed a warrant form—the completed warrant
form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) A court must find that a power exercised by a police officer was not
authorised by a warrant under this section if—
(a) the question arises in a proceeding in the court whether the exercise
of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
76B Search warrants—announcement before
entry
(1) A police officer must, before anyone enters premises under a search
warrant—
(a) announce that the officer is authorised to enter the premises;
and
(b) give anyone at the premises an opportunity to allow entry to the
premises; and
(c) if the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises—identify himself or
herself to the person.
(2) The police officer is not required to comply with subsection (1)
if the officer believes on reasonable grounds that immediate entry to the
premises is required to ensure—
(a) the safety of anyone (including the officer or any person assisting);
or
(b) that the effective execution of the warrant is not
frustrated.
76C Details of search warrant to be given to occupier
etc
(1) If an occupier of premises, or someone else who apparently represents
the occupier, is present at the premises while a search warrant is being
executed, the police officer or a person assisting must make available to the
person—
(a) a copy of the warrant or warrant form; and
(b) a document setting out the rights and obligations of the
person.
(2) In this section:
warrant form—see section 76A
(Warrants—application made other than in person).
76D Occupier entitled to be present during search
etc
(1) If an occupier of premises, or someone else who apparently represents
the occupier, is present at the premises while a search warrant is being
executed, the person is entitled to observe the search being
conducted.
(2) However, the person is not entitled to observe the search
if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe the
search being conducted would interfere with the objectives of the
search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Division 7.4 Things
seized
77 Access to things seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under this part may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of
it.
77A Return or forfeiture of things
seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid by the Territory to the owner for the loss
of the thing, if a prosecution for an offence relating to the thing is not
started within 1 year after the day the thing is seized.
(2) If a prosecution for an offence relating to a thing seized under this
part is started within 1 year after the day the thing is seized, and the
prosecution is not successful, the thing must be returned to its
owner.
(3) A thing seized under this part is forfeited to the Territory if there
is no requirement under this section—
(a) to return the thing to the person from whom it was seized;
or
(b) to pay compensation for the thing.
(4) A thing forfeited to the Territory may be destroyed or otherwise
disposed of as the chief executive directs.
Division
7.5 Enforcement—miscellaneous
78 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this part,
a police officer must take all reasonable steps to ensure that the officer
causes as little inconvenience, detriment and damage as practicable.
(2) If a police officer damages anything in the exercise or purported
exercise of a function under this part, the officer must give written notice of
the particulars of the damage to the person the officer believes on reasonable
grounds is the owner of the thing.
(3) The notice must state that—
(a) the person may claim compensation from the Territory if the person
suffers loss or expense because of the damage; and
(b) compensation may be claimed and ordered in a proceeding for
compensation brought in a court of competent jurisdiction; and
(c) the court may order the payment of reasonable compensation for the
loss or expense only if satisfied it is just to make the order in the
circumstances of the particular case.
(4) If the damage happens at premises entered under this part in the
absence of the occupier, the notice may be given by leaving it, secured
conspicuously, at the premises.
(5) In this section:
police officer includes a person assisting the officer under
this part.
78A Compensation for exercise of enforcement
powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise, of a
function under this part by a police officer.
(2) Compensation may be claimed and ordered in a proceeding
for—
(a) compensation brought in a court of competent jurisdiction;
or
(b) an offence against this Act brought against the person making the
claim for compensation.
(3) A court may order the payment of reasonable compensation for the loss
or expense only if satisfied it is just to make the order in the circumstances
of the particular case.
(4) A regulation may prescribe matters that may, must or must not be taken
into account by the court in considering whether it is just to make the
order.
(5) In this section:
police officer—see section 78 (5).
substitute
Part 8 Offences
79 Offences—trafficking
firearms
(1) A person commits an offence if the person contravenes a relevant
provision on 3 or more separate occasions over a 12-month period.
Maximum penalty: imprisonment for 20 years.
(2) If, on the trial of a person for an offence against subsection (1),
more than 3 occasions are relied on as evidence of the commission of the
offence, the trier of fact must be satisfied as to the same 3 occasions in
order to find the person guilty of the offence.
Example
During a 12-month period starting in January, Jonah sells 7 unregistered
firearms as follows:
• on 8 January Adam and Beth each buy an unregistered firearm from
Jonah (2 occasions);
• on 14 June Jonah sells 3 unregistered firearms to Cate in a single
transaction (1 occasion);
• on both 5 and 16 December Jonah sells an unregistered firearm to
David (2 occasions).
None of the people involved in the transactions are licensed firearms
dealers or authorised by a licence or permit to possess the firearms the subject
of the transactions.
Evidence of these transactions forms the basis of 5 separate offences
against section 83. Jonah is charged with 1 offence against section 79 (1). In
order for Jonah to be convicted of the offence, the trier of fact must be
satisfied that Jonah contravened section 83 on at least 3 of the occasions, and
be satisfied as to the same 3 occasions.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) If, on the trial of a person for an offence against subsection (1),
the trier of fact is not satisfied that the offence is proven, but is satisfied
that the person, in relation to an occasion relied on as evidence of commission
of the offence against subsection (1), committed an offence against a relevant
provision, the trier of fact may acquit the person of the offence charged and
find the person guilty of the offence against the relevant provision.
(4) To remove any doubt, a person may not be tried for an offence against
subsection (1) in relation to the contravention of a relevant provision on an
occasion if the person has been convicted or acquitted of the
contravention.
(5) A person commits an offence if the person—
(a) contravenes a relevant provision; and
(b) the contravention is the acquisition or disposal of 4 or more firearms
on the same occasion.
Maximum penalty: imprisonment for 20 years.
(6) In this section:
relevant provision means—
(a) section 53 (1) (Offence—unregistered firearms); or
(b) section 83 (Offence—unlawful disposal of firearms); or
(c) section 84 (Offence—unlawful acquisition of firearms).
(7) To remove any doubt, for subsection (1), the 12-month period must
start on or after the day this section commences.
(8) Subsection (7) and this subsection expire 1 year after the day this
section commences.
substitute
82A Offences—operation of shooting
ranges
(1) A person commits an offence if the person operates a shooting range
other than an approved shooting range.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
(2) A person commits an offence if the person—
(a) operates an approved shooting range; and
(b) is not licensed to operate the shooting range.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
82B Offences—operation of paintball
ranges
(1) A person commits an offence if the person operates a paintball range
other than an approved paintball range.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
(2) A person commits an offence if the person—
(a) operates an approved paintball range; and
(b) is not licensed to operate the paintball range.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
83 Offence—unlawful disposal of
firearms
(1) A person (the disposer) must not dispose of or take part
in the disposal of a firearm to someone else (the acquirer)
unless—
(a) the acquirer and disposer are each authorised by a licence or permit
to possess the firearm; and
(b) the following documents have been produced to, and inspected by, the
disposer:
(i) the acquirer’s licence or permit;
(ii) if the acquirer is not a licensed firearms dealer—
(A) the acquirer’s permit to acquire the firearm; or
(B) a permit (however described) in force under the law of a State or
another Territory that authorises the acquisition of the firearm; and
(c) if neither the acquirer nor disposer is a licensed firearms
dealer—the disposal has been arranged through a licensed firearms dealer
as prescribed by regulation.
Maximum penalty:
(a) if the firearm is a prohibited firearm—imprisonment for
10 years; or
(b) in any other case—imprisonment for 5 years.
(2) Subsection (1) does not apply in relation to—
(a) the surrender of a firearm to a police officer; or
(b) a firearm to be temporarily stored by a licensed firearms dealer for a
person who has possession of the firearm because of the death of the individual
authorised to possess it; or
Note See s 93 (Offence—disposal of
firearms by unauthorised holders generally).
(c) a person who inherits a firearm and disposes of it to a licensed
firearms dealer.
Note See s 93A (Offence—disposal
of inherited firearms).
(3) In this section:
takes part—a person takes part in the
disposal of a firearm if the person—
(a) takes, or takes part in, a step, or causes a step to be taken, in the
process of the disposal; or
(b) provides or arranges finance for a step in the process; or
(c) provides the premises where a step in the process is taken, or allows
a step in the process to be taken at premises of which the person is the owner,
lessee or occupier or of which the person has the care, control or
management.
84 Offence—unlawful acquisition of
firearms
(1) A person (the acquirer) must not acquire, or take part
in the acquisition of, a firearm from someone else (the disposer)
unless—
(a) the acquirer and disposer are each authorised by a licence or permit
to possess the firearm; and
(b) the disposer’s licence or permit has been produced to, and
inspected by, the acquirer; and
(c) if neither the acquirer nor disposer is a licensed firearms
dealer—the acquisition has been arranged through a licensed firearms
dealer as prescribed by regulation.
Maximum penalty:
(a) if the firearm is a prohibited firearm—imprisonment for
10 years; or
(b) in any other case—imprisonment for 5 years.
(2) Subsection (1) does not apply in relation to—
(a) the surrender of a firearm to a police officer; or
(b) a person who inherits a firearm and disposes of it to a licensed
firearms dealer.
Note See s 93A (Offence—disposal of inherited
firearms).
(3) In this section:
takes part—a person takes part in the
acquisition of a firearm if the person—
(a) takes, or takes part in, a step, or causes a step to be taken, in the
process of the acquisition; or
(b) provides or arranges finance for a step in the process; or
(c) provides the premises where a step in the process is taken, or allows
a step in the process to be taken at premises of which the person is the owner,
lessee or occupier or of which the person has the care, control or
management.
84A Offence—unauthorised manufacture of
firearms
(1) A person commits an offence if the person manufactures, or takes part
in the manufacture of, a firearm.
Maximum penalty:
(a) if the firearm is a prohibited firearm—1 500 penalty units,
imprisonment for 20 years or both; or
(b) if the firearm is not a prohibited firearm—1 000 penalty units,
imprisonment for 10 years or both.
(2) Subsection (1) does not apply to a person if the person is authorised
by a firearms dealer licence to manufacture the firearm.
(3) In this section:
manufacture, a firearm, includes assemble a firearm from
firearm parts.
takes part—a person takes part in the
manufacture of a firearm if the person—
(a) takes, or takes part in, a step, or causes a step to be taken, in the
process of the manufacture; or
(b) provides or arranges finance for a step in the process; or
(c) provides the premises where a step in the process is taken, or allows
a step in the process to be taken at premises of which the person is the owner,
lessee or occupier or of which the person has the care, control or
management.
substitute
93 Offence—disposal of firearms by unauthorised
holders generally
(1) A person commits an offence if—
(a) the person has possession of a firearm; and
(b) the person is not authorised by a licence, permit or otherwise under
this Act to possess the firearm; and
(c) either—
(i) the person fails to surrender the firearm to a police officer;
or
(ii) if the person has possession of the firearm because of the death of
the individual authorised to possess it—the person fails
to—
(A) give the firearm to a licensed firearm dealer to temporarily store the
firearm; and
(B) give the registrar written notice of the death and the name of the
licensed firearms dealer storing the firearm.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to a person who inherits a
firearm.
93A Offence—disposal of inherited
firearms
A person commits an offence if—
(a) the person inherits a firearm; and
(b) the person is not authorised by a licence, permit or otherwise under
this Act to possess the firearm; and
(c) the person—
(i) applies for a licence or permit in relation to the firearm and does
not give the firearm to a licensed firearm dealer to temporarily store;
or
Note A firearm is temporarily stored by a licensed
firearms dealer for a person who inherits the firearm and applies for a licence
or permit in relation to the firearm if the dealer stores the firearm until the
application is finally decided (including any application to the AAT for review
of the decision and any subsequent appeal) (see dict, def temporarily
store).
(ii) does not dispose of the firearm to a licensed firearms dealer;
or
(iii) does not surrender the firearm to a police officer.
Maximum penalty: 50 penalty units.
42 Restrictions
where alcohol or other drugs concernedNew
section 97 (3)
insert
(3) A person commits an offence if—
(a) the person occupies, operates or manages a shooting range;
and
(b) someone else (the attending person) possesses, carries
or uses a firearm at the shooting range; and
(c) either—
(i) the person knows, or believes on reasonable grounds, that the
attending person—
(A) is under the influence of alcohol or a drug; and
(B) would not be able to exercise responsible control over the firearm;
or
(ii) the person believes on reasonable grounds that, because of the
attending person’s behaviour, the attending person would not be able to
exercise responsible control over a firearm; and
(d) the person does not take all reasonable steps to ensure that the
attending person does not take part in a shooting activity at the
range.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
substitute
98 Offence—selling ammunition
generally
A person commits an offence if the person—
(a) is not a licensed firearms dealer or authorised club member;
and
(b) sells ammunition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
98A Offence—sale of ammunition by licensed
firearms dealers
A licensed firearms dealer must not sell ammunition to someone else (the
acquirer) unless—
(a) the acquirer—
(i) holds a licence or permit authorising the acquisition of ammunition of
the calibre sold; or
(ii) is authorised in writing by the registrar to acquire the ammunition;
and
(b) the dealer has inspected the licence, permit or authorisation;
and
(c) the amount of ammunition the dealer sells to the acquirer at any 1
time is not more than the amount (if any) prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
98B Offence—sale of ammunition by authorised
club members
An authorised club member (the seller) of an approved club
must not sell ammunition to someone else (the acquirer)
unless—
(a) the sale takes place on premises owned or used by the club;
and
(b) the acquirer is at the premises to take part in a competition or
activity conducted by or in association with the club; and
(c) the acquirer—
(i) holds a licence or permit authorising the acquisition of ammunition of
the calibre sold; or
(ii) is authorised in writing by the registrar to acquire the ammunition;
and
(d) the seller has inspected the licence, permit or authorisation;
and
(e) the ammunition can be discharged from a firearm—
(i) of which the acquirer is a registered owner, registered principal or
registered user; or
(ii) being used by the acquirer in a competition or activity conducted by
or in association with the club; and
(f) the amount of ammunition the seller sells to the acquirer at any 1
time is not more than the amount (if any) prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
98C Offence—selling ammunition to people from
outside ACT
(1) A licensed firearms dealer must not sell ammunition to a person who
lives in a State or another Territory.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply if the dealer believes on reasonable
grounds that the person’s possession of the ammunition in the State or
other Territory is not prohibited by a law of the State or Territory.
98D Offence—selling ammunition for starting
pistols
(1) A licensed firearms dealer must not sell ammunition to a person if the
dealer knows or believes on reasonable grounds that the person intends to
discharge it from a starting pistol.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply if—
(a) the dealer is satisfied on reasonable grounds that the person has an
approved reason for requiring the starting pistol; and
(b) the ammunition is a blank cartridge.
Note Approved reason—see the dictionary.
99 Offence—acquiring
ammunition
(1) A person commits an offence if—
(a) the person acquires ammunition; and
(b) the person—
(i) does not hold a licence or permit authorising the acquisition of
ammunition of the calibre sold; or
(ii) is not authorised in writing by the registrar to acquire the
ammunition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person acquires ammunition; and
(b) the person—
(i) holds a licence or permit authorising the acquisition of ammunition of
the calibre sold; or
(ii) is authorised in writing by the registrar to acquire the ammunition;
and
(c) the amount of ammunition the person acquires at any one time is more
than the amount (if any) prescribed by regulation.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
99A Offence—possessing ammunition
generally
(1) A person commits an offence if—
(a) the person possesses ammunition for a firearm; and
(b) the person is not authorised by a licence, permit or otherwise under
this Act to possess or acquire the ammunition.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 A licensee must not possess, at
any one time, an amount of ammunition that is more than the amount (if any)
prescribed by regulation, unless authorised in writing by the registrar (see s
36, s 42N, s or s 42ZQB).
Maximum penalty: 10 penalty units.
(2) Subsection (1) does not apply during the period ending 28 days
after the day any of the following happens:
(a) the licence or permit authorising the possession or acquisition of the
ammunition is cancelled, suspended, surrendered or ends;
Note Section 18 provides that a licence
that authorises the licensee to use a firearm also authorises the licensee, in
accordance with this Act or another territory law, to acquire, possess or use
the calibre of ammunition made for use in the firearm.
(b) the person is the registered owner, registered principal or a
registered user of the firearm, and the firearm is disposed of or
destroyed;
(c) the person’s registration as owner or user of the firearm is
cancelled.
(3) Also, subsection (1) does not apply—
(a) to a person who has an approved reason for requiring a starting
pistol, if the ammunition is a blank cartridge for use in a starting pistol;
or
(b) in relation to the surrender of ammunition to a police
officer.
Note Approved reason—see the dictionary.
(4) Strict liability applies to subsection (1) (b).
substitute
102 Offences—defacing, altering and removing
identification marks
(1) A person commits an offence if the person defaces, alters or removes a
number, letter or other identification mark on a firearm or barrel for a
firearm.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(2) A person commits an offence if the person—
(a) possesses a firearm or barrel for a firearm on which a number, letter
or identification mark has been defaced, altered or removed; and
(b) knows that a number, letter or identification mark has been defaced,
altered or removed.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(3) It is a defence to a prosecution for an offence against subsection (1)
if the defendant proves that the defendant was authorised in writing by the
registrar to deface, alter or remove the number, letter or other identification
mark.
(4) It is a defence to a prosecution for an offence against subsection (2)
if the defendant proves that the defendant was authorised in writing by the
registrar—
(a) to deface, alter or remove the number, letter or other identification
mark; or
(b) to possess the firearm or barrel.
(5) Subsection (2) does not apply in relation to the surrender of a
firearm to a police officer.
45 Possession
of firearm under another licenceSection
105
omit
substitute
110 Offence—lost, stolen or destroyed
firearms
A person (other than a licensed firearms dealer) commits an offence
if—
(a) the person possesses a firearm; and
(b) the firearm is lost, stolen or destroyed; and
(c) the person knows about the loss, theft or destruction; and
(d) the person fails, within 2 days after the day the person becomes aware
of the loss, theft or destruction, to—
(i) tell the registrar about the loss, theft or destruction; and
(ii) give the registrar particulars of the loss, theft or destruction (if
any) prescribed by regulation.
Maximum penalty: 50 penalty units.
Note For licensed firearms dealers, see s 70 (3) (Additional
requirements for firearms dealers).
47 Firearms
prohibition ordersPart
9
omit
substitute
113 Meaning of reviewable decision—pt
10
In this part:
reviewable decision means a decision of the registrar
mentioned in schedule 4, column 3 under a provision of this Act mentioned in
schedule 4, column 2 for the decision.
113A Review of decisions
Application may be made to the AAT for review of a reviewable
decision.
114 Notice of reviewable
decisions
(1) If the registrar makes a reviewable decision, the registrar must give
a written notice of the decision to each person affected by the
decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
substitute
116 Disposal of surrendered or seized
firearms
(1) This section applies in relation to a firearm surrendered to or seized
by a police officer under this Act.
(2) A police officer or the owner of the firearm may apply to a court for
an order that the firearm is—
(a) forfeited to the Territory; or
(b) returned to the owner; or
(c) destroyed; or
(d) otherwise disposed of.
(3) The court may make the order it considers appropriate.
(4) This section is subject to section 77A (Return or forfeiture of things
seized).
(5) In this section:
firearm includes a firearm part and ammunition.
owner, of a firearm, means a person who is or
claims to be the owner of the firearm.
50 Offences
by corporationsSection 122 (1) and
note
substitute
(1) If a corporation contravenes a provision of this Act, each person who
is an executive officer of the corporation is taken to have contravened the same
provision if the officer knowingly authorised or allowed the
contravention.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
substitute
124 Evidentiary certificates
(1) In a proceeding for an offence mentioned in section
52 (1) (c), a certificate signed by the registrar stating the
following is evidence of the matter stated:
(a) at a stated time or during a stated period, a stated person was or was
not the holder of a licence or permit;
(b) a licence or permit was or was not, on a day or during a stated
period, subject to a stated condition;
(c) a licence or permit was or was not renewed, or had ended on a stated
day;
(d) a stated licence or permit issued to a stated person was cancelled on
a stated day;
(e) a stated licence or permit issued to a stated person was suspended on
a stated day or during a stated period;
(f) a stated address was, on a stated date, the last address known to the
registrar of a stated person;
(g) a stated firearm was registered or not registered on a stated day or
during a stated period;
(h) a stated person was or was not the registered owner of a stated
firearm on a stated day or during a stated period;
(i) registration of a stated firearm was refused on a stated
day;
(j) registration of a stated firearm had ended on a stated day;
(k) registration of a stated firearm was cancelled on a stated date for a
stated reason;
(l) a stated person was the registered principal for a composite entity
firearms licence on a stated day or during a stated period;
(m) a stated person was a registered user of a stated firearm on a stated
day or during a stated period;
(n) a stated person’s registration as the user of a stated firearm
had ended on a stated day;
(o) a stated person’s registration as the user of a stated firearm
was cancelled on a stated date for a stated reason;
(p) at a stated time, a stated person was or was not a person to
whom—
(i) an approval had been given under any of the following:
• section 80 (Discharge etc of firearm—public places
etc);
• section 81 (1) (b) (Discharge of
firearm—general);
• section 100 (Modification of firearms); or
(ii) an authorisation had been given under any of the following:
• section 36 (Adult firearms licences—conditions);
• section 42O (Minors firearms licences—conditions);
• section 42ZK (Composite entity firearms
licences—conditions);
• section 42ZQB (Temporary international firearms
licences—conditions);
• section 98A (1) (a) (ii) (Offence—sale of ammunition by
licensed firearms dealers);
• section 98B (1) (c) (ii) (Offence—sale of ammunition by
authorised club members);
• section 99 (1) (a) (ii) (Offence—acquiring
ammunition);
• section 102 (Offences—defacing, altering and removing
identification marks);
(q) at a stated time or during a stated period, a stated person was or was
not authorised by a licence or permit.
(2) A regulation may prescribe that a certificate signed by the registrar
stating a prescribed matter is evidence of the matter stated.
52 Regulation-making
powerSection 126 (2)
(a)
after
acquisition,
insert
disposal,
substitute
(aa) the register, including how changes may or must be made to the
particulars and information in the register; or
(b) firearms training courses; or
54 New
section 126 (2) (ja)
insert
(ja) the approval of paintball ranges and approved paintball ranges;
or
substitute
(p) exempting a person from this Act; or
56 New
section 126 (2A) and (2B)
insert
(2A) A regulation may prescribe the evidence that may or must be produced
to the registrar that—
(a) there is a special need in relation to a licence application;
or
(b) an applicant’s special need cannot be met other than by being
issued with a category C or category D licence.
(2B) A regulation under subsection (2A) does not limit the matters that
the registrar may reasonably consider when deciding whether a special need has
been established.
substitute
128 Licensing of entities to operate approved
shooting ranges
(1) A regulation may provide for the licensing of an entity to operate an
approved shooting range.
(2) Without limiting subsection (1), a regulation may—
(a) make provision in relation to—
(i) the issue and refusal to issue a licence to operate an approved
shooting range; and
(ii) the renewal and refusal to renew a licence to operate an approved
shooting range; and
(iii) the imposition of conditions on a licence to operate an approved
shooting range, or the conditions to which the licence is subject; and
(iv) the replacement of and refusal to replace a licence to operate an
approved shooting range; and
(b) make provision in relation to the cancellation, variation and
suspension of a licence to operate an approved shooting range; and
(c) fix a period for which a licence to operate an approved shooting range
or renewal remains in force; and
(d) require the production of information by—
(i) an applicant for a licence to operate an approved shooting range or
for a renewal or variation of a licence to operate an approved shooting range;
and
(ii) the holder of a licence to operate an approved shooting range;
and
(e) prescribe the circumstances in which a licence to operate an approved
shooting range must be surrendered or returned to the registrar.
129 Licensing of entities to operate approved
paintball ranges
(1) A regulation may provide for the licensing of an entity to operate an
approved paintball range.
(2) Without limiting subsection (1), a regulation may—
(a) make provision in relation to—
(i) the issue and refusal to issue a licence to operate an approved
paintball range; and
(ii) the renewal and refusal to renew a licence to operate an approved
paintball range; and
(iii) the imposition of conditions on a licence to operate an approved
paintball range, or the conditions to which the licence is subject;
and
(iv) the replacement of and refusal to replace a licence to operate an
approved paintball range; and
(b) make provision in relation to the cancellation, variation and
suspension of a licence to operate an approved paintball range; and
(c) fix a period for which a licence to operate an approved paintball
range or renewal remains in force; and
(d) require the production of information by—
(i) an applicant for a licence to operate an approved paintball range or
for a renewal or variation of a licence to operate an approved paintball range;
and
(ii) the holder of a licence to operate an approved paintball range;
and
(e) prescribe the circumstances in which a licence to operate an approved
paintball range must be surrendered or returned to the registrar.
(3) Also, a regulation may prescribe the records that must be kept by a
paintball range operator in relation to the storage of a paintball marker for
someone other than the operator.
insert
Part 20 Transitional
200 Definitions—pt 20
In this part:
commencement day means the day the Firearms Amendment
Act 2008, section 4 commences.
pre-commencement Act means this Act as in force immediately
before the commencement day.
201 Pre-commencement Act
partnerships
(1) This section applies if, immediately before the commencement day, a
partnership held a licence (the original licence) under the
pre-commencement Act.
(2) Each partner in the partnership is taken to hold an adult firearms
licence of the same category as the original licence.
(3) The adult firearms licence is taken to have been issued to the partner
on the day the partnership was issued with the original licence.
(4) The registrar must—
(a) change the register to reflect the effect of subsection (2);
and
(b) issue each partner with a licence.
202 Pre-commencement Act—fit and
proper
In this Act:
suitable, in relation to the issue, suspension or
cancellation of a licence or permit before the commencement day, includes fit
and proper.
203 Pre-commencement Act applications for
licences
(1) This section applies if, immediately before the commencement day, an
entity had applied under the pre-commencement Act for a licence, but the
application had not been decided by the registrar.
(2) However, this section does not apply to an application for a licence
on behalf of a partnership under the pre-commencement Act.
(3) The application is taken to be an application for the kind and
category of licence under this Act that the registrar considers
appropriate.
(4) If the application is for a licence under the pre-commencement Act,
section 31 (Temporary licences—internationally protected persons), the
application is taken to be an application for a temporary international firearms
licence.
(5) If, because the application was made under the pre-commencement Act,
the application does not include something that is required for an application
under this Act, the registrar may ask the applicant for the further information
or documents.
(6) If the applicant does not comply with the request, the registrar may
refuse to consider the application further.
204 Pre-commencement Act applications for
permits
(1) This section applies if, immediately before the commencement day, an
entity had applied under the pre-commencement Act for a permit, but the
application had not been decided by the registrar.
(2) However, this section does not apply to an application for a permit
under the pre-commencement Act if the permit cannot be issued under this
Act.
(3) The application is taken to be an application for the kind of permit
under this Act that the registrar considers appropriate.
(4) If, because the application was made under the pre-commencement Act,
the application does not include something that is required for an application
under this Act, the registrar may ask the applicant for the further information
or documents.
(5) If the applicant does not comply with the request, the registrar may
refuse to consider the application further.
205 Pre-commencement Act
licences
(1) This section applies if, immediately before the commencement day, an
entity held a licence (the original licence) under the
pre-commencement Act.
(2) However, this section does not apply to a licence held
by—
(a) a partnership under the pre-commencement Act; or
(b) an individual under the pre-commencement Act, section 31 (Temporary
licences—internationally protected persons).
(3) For a licence held by an individual, the individual is taken to hold
an adult firearms licence of the same category as the original
licence.
(4) For a licence held by a composite entity, the composite entity is
taken to hold a composite entity licence of the same category as the original
licence.
(5) Any condition to which the original licence was subject under the
pre-commencement Act continues to apply but may be amended in accordance with
this Act.
(6) The licence ends when the original licence would have ended under the
pre-commencement Act unless it is cancelled.
206 Pre-commencement Act minor’s firearms
permits
(1) This section applies if, immediately before the commencement day, a
child held a minor’s firearms permit under the pre-commencement
Act.
(2) The permit is taken to be a minors firearms licence under this
Act.
(3) Any condition to which the permit was subject under the
pre-commencement Act continues to apply but may be amended in accordance with
this Act.
(4) The licence ends when the permit would have ended under the
pre-commencement Act unless it is cancelled.
207 Pre-commencement Act internationally protected
people temporary licences
(1) This section applies if, immediately before the commencement day, a
person held a licence (the original licence) under the
pre-commencement Act, section 31 (Temporary licences—internationally
protected persons).
(2) The original licence is taken to be a temporary international firearms
licence under this Act.
(3) Any condition to which the original licence was subject under the
pre-commencement Act continues to apply but may be amended in accordance with
this Act.
(4) The licence ends when the original licence would have ended under the
pre-commencement Act unless it is cancelled.
208 Pre-commencement Act international visitors
temporary permits
(1) This section applies if, immediately before the commencement day, a
person held a permit under the pre-commencement Act, section 45A
(International visitors—issue of temporary permits).
(2) The permit is taken to be a temporary international firearms licence
under this Act.
(3) Any condition to which the permit was subject under the
pre-commencement Act continues to apply but may be amended in accordance with
this Act.
(4) The licence ends when the permit would have ended under the
pre-commencement Act unless it is cancelled.
209 Pre-commencement
Act—suspensions
(1) This section applies if, immediately before the commencement day, a
person’s licence or permit under the pre-commencement Act was
suspended.
(2) The person’s licence or permit is taken to be suspended until
the suspension would have ended under the pre-commencement Act.
210 Pre-commencement Act—applications for
registration of firearm
(1) This section applies if, immediately before the commencement day, a
person had applied under the pre-commencement Act for registration of a firearm,
but the application had not been decided by the registrar.
(2) The application is taken to be an application for registration under
this Act.
(3) If, because the application was made under the pre-commencement Act,
the application does not include something that is required for an application
under this Act, the registrar may ask the applicant for the further
information.
(4) If the applicant does not comply with the request, the registrar may
refuse to consider the application further.
211 Pre-commencement
Act—register
(1) To remove any doubt, the register of firearms under this Act,
section 50 (Register of firearms) includes the register of firearms under
the pre-commencement Act, section 50 (Register of firearms).
(2) However, the registrar may ask the owner of a firearm registered under
the pre-commencement Act to give the registrar information, or produce a thing
to the registrar, that the owner would be required to give or produce if the
owner were an applicant for registration of the firearm under this
Act.
(3) If the owner does not comply with the request within 30 days after the
day it is made, the registrar may cancel the registration of the
firearm.
212 Pre-commencement Act—endorsement of
licences
(1) This section applies if, immediately before the commencement
day—
(a) someone else’s firearm is endorsed on a person’s licence
under the pre-commencement Act, division 4.3 (Endorsement of licences);
and
(b) the other person’s firearm is a registered firearm.
(2) The person—
(a) is taken to be a registered user of the other person’s firearm
under this Act; and
(b) if the person is a person mentioned in the pre-commencement Act,
section 59 (a), (b) or (c) (Endorsement)—the person may possess and use
the firearm only as mentioned in the section.
(3) For the purpose of making an entry in the register in relation to the
person, the registrar may ask the person to give the registrar information, or
produce a thing to the registrar, that the person would be required to give or
produce if the person were an applicant for registration as a user of the
firearm under this Act.
(4) If the person does not comply with the request within 30 days after
the day it is made, the registrar may cancel the person’s registration as
a user of the firearm.
213 Pre-commencement Act
certificates
On or after the commencement day, the registrar may issue a certificate in
relation to anything that happened before the commencement day that the
registrar could have issued under the pre-commencement Act.
214 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Firearms
Amendment Act 2008.
(2) A regulation may modify this part to make provision in relation to
anything that, in the Executive’s opinion, is not, or is not adequately or
appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
215 Expiry—pt 20
This part, and schedule 4, items 43 and 44, expire 1 year after the
commencement day.
substitute
4
|
a self-loading or pump action shotgun (including a firearm of that kind
described elsewhere in this schedule)
|
60 Schedule
1, new item 6A
insert
6A
|
a paintball marker that resembles a prohibited firearm
|
substitute
8
|
a firearm (other than a pistol) of the Uberti or Armi-Jager brands, or any
similar firearm fitted with a revolving ammunition cylinder (other than a
firearm manufactured before 1920)
|
62 Schedule
1, item 11, column 2
after
fitted with a
insert
pistol grip or
63 Schedule
1, item 13, column 2, paragraph (c)
omit
substitute
14
|
a firearm that—
(a) substantially duplicates in appearance another article (for example, a
walking stick, walking cane or key ring); and
(b) disguises or conceals the fact that it is a firearm.
|
65 Schedule
1, item 15, column 2
after
in excess of 10 gauge
insert
or 19.70mm
66 Schedule
1, item 17, column 2
after
blank fire pistol,
insert
paintball marker,
67 Schedule
1, new items 19 to 21
insert
19
|
a pistol of more than 9.65mm calibre
Note A 9.65mm calibre pistol includes a 0.38-inch calibre
pistol.
|
20
|
a semiautomatic pistol with a barrel length of less than 120mm
|
21
|
a revolver or single action pistol with a barrel length of less than
100mm
|
substitute
Schedule 2 Exemptions from
Act
(see s 4E)
Part 2.1 Interpretation—sch
2
2.1 Meaning of corrections officer—sch
2
In this schedule:
corrections officer includes a person employed by an entity
responsible under a law of a State or another Territory for providing
correctional services for offenders.
Note Corrections officer—see the Legislation Act, dict,
pt 1.
Part 2.2 People exempt from
Act
column 1
item
|
column 2
person exempted
|
column 3
circumstances
|
1
|
member of—
(a) Australian Federal Police or police service or force of a State or
another Territory
(b) Defence Force
(c) visiting force within the meaning of the Defence (Visiting Forces)
Act 1963 (Cwlth)
(d) Australian Army Cadets under the Defence Act 1903
(Cwlth)
|
possessing or using firearm in exercise of person’s functions as
member
|
2
|
corrections officer
|
possessing or using firearm in exercise of officer’s
functions
|
3
|
member of Council of Australian War Memorial, or of staff of
memorial
|
possessing firearm if—
(a) firearm is part of the memorial collection within the meaning of the
Australian War Memorial Act 1980 (Cwlth); and
(b) possession is in exercise of person’s functions under that
Act
|
4
|
member of Council of National Museum of Australia, or of staff of
museum
|
possessing firearm if—
(a) firearm is part of the national historical collection within the
meaning of the National Museum of Australia Act 1980 (Cwlth);
and
(b) possession is in exercise of person’s functions under that
Act
|
Part 2.3 No offence for possession or
use
column 1
item
|
column 2
no offence by
|
column 3
circumstances
|
1
|
master or captain, or member of crew, of ship or aircraft
|
possessing or using firearm if—
(a) firearm is required by law to be carried on the ship or aircraft;
and
(b) possession or use is in exercise of person’s functions as master,
captain or member
|
2
|
sporting organisation prescribed by regulation
|
possessing or using starting pistol
|
3
|
official in sporting competition conducted by sporting organisation
prescribed by regulation
|
possessing or using starting pistol in exercise of functions as
official
|
4
|
authorised instructor
|
possessing or using firearm in exercise of functions as
instructor—
(a) on premises owned or used by approved club; or
(b) at approved shooting range
|
Part 2.4 No offence
column 1
item
|
column 2
no offence by
|
column 3
circumstances
|
1
|
person entitled to immunity under—
(a) the Diplomatic Privileges and Immunities Act 1967 (Cwlth);
or
(b) the Consular Privileges and Immunities Act 1972
(Cwlth)
|
the person has the written approval of the chief of protocol of the
Commonwealth department responsible for foreign affairs to possess the
firearm
|
Schedule 3 Licence categories and authority
conferred
(see s 17)
Note 1 The possession or use of a firearm authorised by a licence is
subject to any regulation (see s 17 (4)).
Note 2 Registered users of firearms are authorised to possess and
use registered firearms in the circumstances set out in s 52D (Effect of
registration as user).
column 1
item
|
column 2
category of licence (and kind of
licence)
|
column 3
firearms to which licence
applies
|
column 4
entity authorised by
licence
|
column 5
authority conferred by
licence
|
1
|
category A (adult firearms licence)
|
the following firearms, other than prohibited firearms:
(a) airguns;
(b) rim-fire rifles (other than self-loading);
(c) shotguns;
(d) shotgun and rim-fire rifle combinations
|
licensee who is registered owner
|
possess or use registered firearm to which licence applies, for purpose
established by licensee as genuine reason for possessing or using firearm
|
2
|
category B (adult firearms licence)
|
the following firearms, other than prohibited firearms:
(a) muzzle-loading firearms (other than pistols);
(b) centre-fire rifles (other than self-loading);
(c) shotgun and centre-fire rifle combinations
|
licensee who is registered owner
|
possess or use registered firearm to which licence applies, for purpose
established by licensee as genuine reason for possessing or using firearm
|
3
|
category C (adult firearms licence)
|
the following firearms (other than firearms mentioned in sch 1, item
6, 10 or 11):
(a) self-loading rim-fire rifles with magazine capacity of not more than
10 rounds;
(b) self-loading shotguns with magazine capacity of not more than
5 rounds;
(c) pump action shotguns with magazine capacity of not more than
5 rounds
|
licensee who is registered owner
|
possess or use, for purpose established by licensee as genuine reason for
possessing or using firearm—
(a) 1 registered self-loading rim-fire rifle with magazine capacity of not
more than 10 rounds; and
(b) 1 registered shotgun to which licence applies
|
4
|
category D (adult firearms licence)
|
the following firearms (other than firearms mentioned in sch 1, item
5, 6, 9, 10 or 11):
(a) self-loading centre-fire rifles;
(b) self-loading rim-fire rifles with magazine capacity of more than
10 rounds;
(c) self-loading shotguns with magazine capacity of more than
5 rounds;
(d) pump action shotguns with magazine capacity of more than
5 rounds;
(e) any other firearms to which category C licence applies as
prescribed by regulation
|
licensee who is registered owner
|
possess 1 registered firearm to which licence applies and use
only—
(a) for vertebrate pest animal control; and
(b) at place stated in licence
|
5
|
category H for other than prohibited pistols (adult firearms
licence)
|
pistols (including blank fire pistols and air pistols) other than
prohibited pistols
|
licensee who is registered owner
|
possess or use registered pistol to which licence applies, for purpose
established by licensee as genuine reason for possessing or using
pistol
|
6
|
category H for prohibited pistols
(adult firearms licence)
|
prohibited pistols
|
licensee who is registered owner
|
as prescribed by regulation, possess or use registered prohibited pistol to
which licence applies, for purpose established by licensee as genuine reason for
possessing or using pistol
|
7
|
firearms dealer
(adult firearms licence)
|
the categories of firearms stated in licence
|
licensee who is registered owner
|
acquire, dispose of, possess, repair, maintain, test, manufacture, or
store, in the course of carrying on the business of a firearms dealer, and at
the registered premises, any firearm to which the licence applies, and to
acquire or dispose of ammunition for those firearms
|
8
|
collectors
(adult firearms licence)
|
the categories of firearms stated in licence
|
licensee who is registered owner
|
possess each registered firearm to which licence applies
|
9
|
heirlooms
(adult firearms licence)
|
the categories of firearms stated in licence
|
licensee who is registered owner
|
possess each registered firearm to which licence applies
|
10
|
paintball marker
(adult firearms licence)
|
paintball markers
|
licensee who is registered owner
|
possess or use registered paintball marker for purpose established by
licensee as genuine reason for possessing or using paintball marker
|
11
|
category A (minors firearms licence)
|
the following firearms, other than prohibited firearms:
(a) airguns;
(b) rim-fire rifles (other than self-loading);
(c) shotguns;
(d) shotgun and rim-fire rifle combinations
|
licensee
|
if genuine reason is firearms training—
(a) possess or use registered category A firearm under supervision of
holder of category A, category B or category C licence or authorised instructor;
and
(b) possess or use registered category A firearm to receive
instruction in the safe use of the firearm or to take part in an approved
firearms event
|
12
|
category B (minors firearms licence)
|
the following firearms, other than prohibited firearms:
(a) muzzle-loading firearms (other than pistols);
(b) centre-fire rifles (other than self-loading);
(c) shotgun and centre-fire rifle combinations
|
licensee
|
if genuine reason is firearms training—
(a) possess or use registered category B firearm under supervision of
holder of category B or category C licence or authorised instructor;
and
(b) possess or use registered category B firearm to receive
instruction in the safe use of the firearm or to take part in an approved
firearms event
|
13
|
category H (minors firearms licence)
|
pistols (including blank fire pistols and air pistols) other than
prohibited pistols
|
licensee
|
if genuine reason is target pistol training—
(a) possess or use registered target pistol under supervision of holder of
category H licence who is authorised under the holder’s licence to use a
pistol for purpose of target shooting; and
(b) possess or use registered target pistol to receive instruction in the
safe use of the pistol or to take part in an approved firearms event
|
14
|
category A, B, C, D or H (composite entity licence)
|
the category of firearms for which licence is issued
|
registered principal
|
possess or use registered firearm to which licence applies for
purpose—
(a) if genuine reason for issue of licence is that entity carries on
business in ACT as security organisation—of carrying on business as
security organisation; or
(b) if genuine reason for issue of licence is as mentioned in s 42ZC
(1) (b)—of farming or grazing activities;
(c) if genuine reason for issue of licence is that entity is approved
club—of use in activities of club;
(d) if genuine reason for issue of licence is that entity is a government
agency—of use in course of employment in government agency.
For category C licence, not more than—
(a) 1 registered self-loading rim-fire rifle with magazine capacity of not
more than 10 rounds; and
(b) 1 registered shotgun to which licence applies.
|
15
|
temporary international firearms licence
|
the category of firearms stated in licence
|
licensee
|
possess or use firearm of kind to which licence applies—
(a) for purpose established by licensee as genuine reason for possessing or
using firearm; and
(b) for genuine reason of international visitor—for purpose stated in
licence.
Also, if licence applies to category C firearms, possess or use not more
than—
(a) 1 registered self-loading rim-fire rifle with magazine capacity of not
more than 10 rounds; and
(b) 1 registered shotgun to which licence applies.
|
Schedule 4 Reviewable
decisions
(see s 113)
column 1
item
|
column 2
Act provision
|
column 3
reviewable decision
|
1
|
4BJ
|
refusing to approve firearms training course, shooting competition,
paintball competition or event involving firearms
|
2
|
14
|
refusing to authorise licensee or member of approved club
|
3
|
15
|
refusing to approve a club, or revoking the approval of a club
|
4
|
15A (2)
|
refusing to approve possession of ammunition by ammunition
collector
|
5
|
21
|
refusing to issue or renew adult firearms licence
|
|
|
refusing to issue or renew adult firearms licence because Minister has not
authorised the issue under s 26
|
6
|
26 (2)
|
issuing category D adult firearms licence subject to condition required by
Minister
|
7
|
32
|
refusing to issue replacement adult firearms licence
|
8
|
36 (1) (e)
|
refusing to authorise possession of more than prescribed amount of
ammunition
|
9
|
36 (2)
|
putting condition on adult firearms licence
|
10
|
39 (1) (c)
|
end date less than 12 months after day licence begins
|
11
|
40, 40A
|
suspending adult firearms licence
|
12
|
41
|
cancelling adult firearms licence
|
13
|
42
|
cancelling category H adult firearms licence issued for genuine reason of
sport or target shooting
|
14
|
42G
|
refusing to issue minors firearms licence
|
15
|
42M
|
refusing to issue replacement minors firearms licence
|
16
|
42N (1) (b)
|
refusing to authorise possession of more than prescribed amount of
ammunition
|
17
|
42N (2)
|
putting condition on minors firearms licence
|
18
|
42O (2)
|
refusing to extend period minors firearms licence in force
|
19
|
42P, 42Q
|
suspending minors firearms licence
|
20
|
42R
|
cancelling minors firearms licence
|
21
|
42X
|
refusing to issue or renew composite entity firearms licence
|
22
|
42ZJ
|
refusing to issue replacement composite entity firearms licence
|
23
|
42ZK (1) (f)
|
refusing to authorise possession of more than prescribed amount of
ammunition
|
24
|
42ZK (3)
|
putting condition on composite entity firearms licence
|
25
|
42ZM, 42ZMA
|
suspending composite entity firearms licence
|
26
|
42ZN
|
cancelling composite entity firearms licence
|
27
|
42ZPB
|
refusing to issue or renew temporary international firearms
licence
|
28
|
42ZQB (1) (e)
|
refusing to authorise possession of more than prescribed amount of
ammunition
|
29
|
42ZQB (2)
|
putting condition on temporary international firearms licence
|
30
|
42ZR (1)
|
end date less than 3 months after day licence begins
|
31
|
42ZRA
|
cancelling temporary international firearms licence
|
32
|
42ZV
|
making direction in relation to interstate licence
|
33
|
45B
|
refusing to issue permit to acquire a firearm
|
34
|
47 (2)
|
refusing to extend period permit to acquire a firearm in force
|
35
|
48
|
refusing to issue replacement permit to acquire a firearm
|
36
|
48B
|
suspending or cancelling permit to acquire a firearm
|
37
|
51B
|
refusing to register firearm
|
38
|
52
|
cancelling registration of firearm
|
39
|
52BB
|
refusing to register user of firearm
|
40
|
52G
|
cancelling registration of user of firearm
|
41
|
100 (2)
|
refusing to approve the modification of a firearm
|
42
|
121 (2)
|
cancelling a licence
|
43
|
211 (3)
|
cancelling registration of firearm
|
44
|
212 (4)
|
cancelling registration of user of firearm
|
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• AAT
• administrative unit
• bank
• chief police officer
• corrections officer
• foreign country
• indictable offence (see s 190)
• Minister (see s 162)
• nurse
• penalty unit (see s 133)
• person
• State
• territory authority
• veterinary surgeon.
acquire—
(a) a firearm or ammunition, for this Act—see section 4AC;
and
(b) a firearm, for division 6.3 (Licensed firearms dealers—records
and returns)—see section 67A.
acquirer, for part 3C (Permits to acquire firearms)—see
section 45.
adult firearms licence—see section 16A.
airgun means a firearm, other than a paintball marker,
that—
(a) can propel, or is designed to propel, a projectile by means
of—
(i) any gas or mixture of gases, including air but not including a gas or
mixture of gases generated by an explosive; or
(ii) a spring; and
(b) is operated or designed for operation by means of a trigger or similar
device.
ammunition—
(a) includes—
(i) a cartridge case fitted with a primer and projectile; and
(ii) a cartridge case fitted with a primer that contains a propelling
charge and projectile; and
(iii) blank cartridges, airgun pellets, training cartridges or gas
cartridges; and
(iv) anything else prescribed by regulation; but
(b) does not include—
(i) a paintball; or
(ii) something prescribed by regulation not to be ammunition.
approved firearms event means an event involving firearms
approved by the registrar under section 4BJ (Approval of courses etc by
registrar).
approved firearms training course means a firearms training
course approved by the registrar under section 4BJ (Approval of courses etc by
registrar).
approved paintball competition means a paintball competition
approved by the registrar under section 4BJ (Approval of courses etc by
registrar).
approved paintball range means a paintball range approved by
the registrar as prescribed by regulation.
approved reason—a person has an approved reason
for requiring a starting pistol if the person—
(a) is an individual who is an official in relation to sporting
competitions conducted by a prescribed sporting organisation, and the starting
pistol is used while the person is acting in that capacity; or
(b) is a sporting organisation prescribed by regulation.
approved shooting competition means a shooting competition
approved by the registrar under section 4BJ (Approval of courses etc by
registrar).
approved shooting range means a shooting range approved by
the registrar as prescribed by regulation.
authorised club member means a member of an approved club
authorised by the registrar under section 14 to sell ammunition.
authorised instructor means a person authorised by the
registrar under section 14 to give instruction in the use of firearms.
authorised period, in relation to an individual interstate
licensee, for part 3A (Temporary recognition of interstate licences and
permits)—see section 42ZS.
buy includes—
(a) buy by wholesale, retail, auction or tender; and
(b) obtain by barter or exchange.
category, of firearm, means a category A
firearm, category B firearm, category C firearm, category D firearm or category
H firearm.
category A firearm means a firearm to which a category A
licence applies.
category B firearm means a firearm to which a category B
licence applies.
category C firearm means a firearm to which a category C
licence applies.
category D firearm means a firearm to which a category D
licence applies.
category H firearm means a firearm to which a category H
licence applies.
close associate, of a licensed firearms dealer—see
section 4BF.
composite entity—see section 42U.
composite entity firearms licence—see section
16A.
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, is being used, or is intended to be used, to commit the
offence.
corrections officer, for schedule 2 (Exemptions from
Act)—see section 2.1.
corresponding, for part 3A (Temporary recognition of
interstate licences and permits)—see section 42ZS.
corresponding law means a law of a State, another Territory
or New Zealand corresponding, or substantially corresponding, to this
Act.
dispose, of a firearm—
(a) for this Act—see section 4AD; and
(b) for division 6.3 (Licensed firearms dealers—records and
returns)—see section 67A.
domestic violence offence—an offence is a
domestic violence offence if the conduct making up the offence is
domestic violence under the Domestic Violence and Protection Orders Act
2001.
employed includes engaged.
employee—
(a) of a person, includes someone engaged by the person; and
(b) in relation to a government agency, means a public servant holding
office, or a person employed, in the agency.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
firearm—see section 4A.
firearm part includes a barrel, breech, pistol slide, frame,
receiver, cylinder, trigger mechanism, operating mechanism or magazine designed
as, or reasonably capable of forming, part of a firearm.
firearms dealer—
(a) means an individual who, in the ordinary course of carrying on
business—
(i) manufactures, acquires, disposes of (including by sale) or repairs
firearms or firearm parts; or
(ii) possesses firearms for the purpose of disposing of, or repairing,
them; or
(iii) possesses firearm parts for the purpose of disposing of, or
repairing, them, or of manufacturing firearms; and
(b) includes an individual who is a club armourer for an approved
club.
foreign acquirer, for part 3C (Permits to acquire
firearms)—see section 45.
foreign firearms licence, for part 3.2D (Licensing
scheme—temporary international firearms licences)—see section
42ZOA.
genuine reason—
(a) in relation to an adult firearms licence—see section 23;
or
(b) in relation to a minors firearms licence—see section 42K;
or
(c) in relation to a composite entity firearms licence—see
section 42ZC; or
(d) in relation to a temporary international firearms licence—see
section 42ZQ.
genuine reason of international visitor—see section
42ZQ (1) (b) (Temporary international firearms licences—genuine reasons to
possess or use firearms).
interstate licence, for part 3A (Temporary recognition of
interstate licences and permits)—see section 42ZS.
local licence, for part 3A (Temporary recognition of
interstate licences and permits)—see section 42ZS.
minors firearms licence—see section 16A.
occupier, of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the
premises; and
(b) a person apparently in charge of the premises.
offence, for part 7 (Enforcement)—see section
73.
owner and user particulars, in relation to a registered
firearm, for part 4 (Registration of firearms and firearm users)—see
section 49B.
paintball means a projectile that primarily consists of a dye
or similar substance designed to mark a person or object.
paintball activity includes a paintball
competition.
paintball marker means a firearm designed to discharge a
paintball.
paintball range operator, for an approved paintball range,
means a person licensed under this Act to operate the range.
parental responsibility, for a child, for division 3.2B
(Licensing scheme—minors firearms licences)—see the Children and
Young People Act 1999, section 17.
permit-holder means the holder of a permit.
permit to acquire, a firearm, means a permit to
acquire the firearm issued under part 3C (Permits to acquire
firearms).
photograph includes a digitised, electronic or computer
generated image in a form approved by the registrar.
possession—see section 4B.
principal, of a composite entity—see section
42U.
prohibited firearm—see section 4AB.
prohibited person, for part 6 (Firearms dealers)—see
section 65A.
prohibited pistol means a prohibited firearm mentioned in
schedule 1, item 19, item 20 or item 21.
registered firearm means a firearm registered under this
Act.
registered owner, of a firearm, means the person recorded in
the register as the owner of the firearm.
registered premises, for a firearm, means the premises in the
ACT stated in the register as the premises where the firearm—
(a) is or is to be stored; or
(b) if the registered owner of the firearm is a licensed firearms
dealer—may be available for sale.
registered principal—
(a) for a composite entity firearms licence—see section 42U;
and
(b) for a firearm—means the principal named in the composite entity
firearms licence under which the firearm is held.
registered user, of a firearm, means an individual recorded
in the register as a user of the firearm.
responsible person, for a child, for division 3.2B (Licensing
scheme—minors firearms licences)—see section 42C.
reviewable decision, for part 10 (Review of
decisions)—see section 113.
security organisation—see section 42ZC (2).
sell includes—
(a) sell by wholesale, retail, auction or tender; and
(b) dispose of by barter or exchange; and
(c) sell for profit; and
(d) offer for sale, receive for sale, have in possession for sale or
expose or exhibit for sale; and
(e) conduct negotiations for sale; and
(f) consign or deliver for sale.
successfully appealed against—an order is
successfully appealed against if an appeal against the making of
the order is upheld.
temporarily store—a firearm is temporarily
stored by a licensed firearms dealer if—
(a) for a person who has possession of the firearm because of the death of
the individual authorised to possess it—the dealer stores the firearm
until the person is authorised, under this Act or another territory law, to
otherwise dispose of it; or
(b) for a person who inherits the firearm and applies for a licence or
permit in relation to the firearm—the dealer stores the firearm until the
application is finally decided (including any application to the AAT for review
of the decision and any subsequent appeal).
temporary international firearms licence—see section
16A.
unregulated firearm—see section 4G.
Part
3 Prohibited Weapons Act
1996
70 Legislation
amended—pt 3
This part amends the Prohibited Weapons Act 1996.
Note The Act is also amended in sch 1.
substitute
3 Meaning of
possession—Act
(1) For this Act, a person has possession of a prohibited
weapon or prohibited article if the person—
(a) has the weapon or article on his or her person, including in something
carried or worn by the person (physical possession); or
(b) has the weapon or article at premises owned, leased or occupied by the
person; or
(c) otherwise has the care, control or management of the
firearm.
(2) Also, for this Act, a person has possession of a
prohibited weapon or prohibited article if—
(a) part of the weapon or article is in the person’s possession;
and
(b) other parts of the weapon or article are in the possession of 1 or
more other people; and
(c) at least 1 of the other people is in possession of the other part or
parts for an agreed purpose with the person; and
(d) the parts would make up the weapon or article if fitted
together.
3A Evidence of possession—prohibited weapons or
articles at premises
(1) For this Act, a person is not taken to have possession of a prohibited
weapon or prohibited article only because the weapon or article is at premises
owned, leased or occupied by the person if—
(a) the person does not know that the weapon or article is at the
premises; or
(b) someone else who is authorised to possess the weapon or
article—
(i) is also at the premises; or
(ii) has the care, control or management of the weapon or article;
or
(c) someone else who is not authorised to possess the weapon or article
has the care, control or management of the weapon or article; or
(d) the trier of fact is otherwise satisfied that the person was not in
possession of the weapon or article.
(2) To remove any doubt, a defendant to a prosecution for an offence
against this Act who wishes to rely on a matter mentioned in subsection (1) has
the evidential burden in relation to the matter.
3B Evidence of possession—care, control or
management of prohibited weapon or article
(1) To work out whether a person has the care, control or management of a
prohibited weapon or prohibited article for this Act, each of the following must
be considered:
(a) whether the person knows about the weapon or article;
(b) whether the person can use or dispose of the weapon or
article;
(c) whether the person can control or prevent someone else from using or
having physical possession of the weapon or article.
(2) In this section:
physical possession—see section 3 (1) (a).
insert
Part 1A Important
concepts
4A Meaning of prohibited
weapon—Act
(1) In this Act:
prohibited weapon—
(a) means—
(i) a weapon or thing described in schedule 1; and
(ii) a weapon or thing prescribed by regulation; and
(iii) something declared to be a prohibited weapon under section 4L;
and
(b) includes a modified prohibited weapon.
(2) However, prohibited weapon does not include something
declared not to be a prohibited weapon under section 4L.
(3) A regulation may amend schedule 1—
(a) by adding the name or description of a weapon or thing; or
(b) by amending a name or description of a prohibited weapon to more
accurately describe the weapon; or
(c) by omitting the name and description of a prohibited weapon.
(4) In this section:
modified prohibited weapon means a weapon or thing that would
be a prohibited weapon if—
(a) it did not have something missing from it, or a defect or obstruction;
or
(b) something had not been added to it.
4B Meaning of prohibited
article—Act
(1) In this Act:
prohibited article—
(a) means—
(i) an article described in schedule 2; and
(ii) an article prescribed by regulation; and
(iii) something declared to be a prohibited article under section 4L;
and
(b) includes a modified prohibited article.
(2) However, prohibited article does not include something
declared not to be a prohibited article under section 4L.
(3) A regulation may amend schedule 2—
(a) by adding the name or description of an article; or
(b) by amending a name or description of a prohibited article to more
accurately describe the article; or
(c) by omitting the name and description of a prohibited
article.
(4) In this section:
modified prohibited article means an article that would be a
prohibited article if—
(a) it did not have something missing from it, or a defect or obstruction;
or
(b) something had not been added to it.
insert
Part 1B Unregulated
weapons
4C Meaning of unregulated
weapon—Act
In this Act:
unregulated weapon—a thing is an unregulated
weapon if—
(a) the thing is designed, made or altered to be used as a weapon;
and
(b) the only practical use of the thing is as a weapon; and
(c) the thing is not a prohibited weapon; and
(d) the possession or use of the thing is not authorised under this
Act.
4CA Meaning of connected—pt
1B
In this part:
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, is being used, or is intended to be used, to commit the
offence.
4D Unregulated weapons—seizure by
police
A police officer may seize a thing if the police officer believes on
reasonable grounds that the thing is an unregulated weapon and that the seizure
is necessary—
(a) because the thing would pose a risk to the safety of anyone if used;
and
(b) to prevent the thing from being used or concealed, lost or
destroyed.
4E Unregulated weapons—receipt for
seizure
(1) A police officer who seizes a thing under section 4D must give a
receipt for the thing to the person from whom it was seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the police officer must leave the receipt, secured
conspicuously, at the premises where it was seized (the place of
seizure).
(3) The receipt must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the police officer’s name, and how to contact the
officer;
(d) if the thing is removed from the place of seizure under
section 4F—the address of the place to which the thing is
removed.
4F Unregulated
weapons—examination
(1) A police officer who seizes a thing under section 4D (Unregulated
weapons—seizure by police) may remove the thing from the premises where it
was seized to another place for examination or processing, for not longer than 7
days (the 7-day period).
(2) A police officer may apply to the Magistrates Court for an extension
of the 7-day period if the officer believes on reasonable grounds that the thing
cannot be examined or processed within that time.
(3) The police officer must, if practicable, give notice of the
application to the person from whom the thing was seized, and the person is
entitled to be heard on the application.
(4) The court may order the extension if satisfied on reasonable grounds
that the thing cannot be examined or processed within the 7-day
period.
(5) If a thing is moved to another place under this section, the police
officer must, if practicable, tell the person from whom the thing was seized (or
the person’s representative) the results of the examination or
processing.
4G Unregulated weapons—access to things
seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under section 4D (Unregulated weapons—seizure by police) may
inspect it.
4H Unregulated weapons—review of decision to
seize
(1) The registrar must review each seizure under section 4D
(Unregulated weapons—seizure by police) and order the return of the thing
to the person from whom it was seized if—
(a) when seized, the thing was not—
(i) an unregulated weapon; or
(ii) a prohibited weapon; or
(b) within 30 days after the day of seizure, the thing is not a prohibited
weapon; or
(c) the registrar has no reasonable grounds to believe that the thing is
connected with an offence against any of the following:
(i) this Act;
(ii) the Firearms Act 1996;
(iii) the Crimes Act 1900;
(iv) the Criminal Code;
(v) another law prescribed by regulation.
(2) If a thing is ordered to be returned under subsection (1) to the
person from whom it was seized, but it cannot be returned, the Territory must
pay reasonable compensation to the owner of the thing for its loss.
(3) In this section:
offence includes an offence that there are reasonable grounds
for believing has been, is being or will be, committed.
4I Unregulated
weapons—forfeiture
(1) A thing seized under section 4D (Unregulated weapons—seizure by
police) is forfeited to the Territory if there is no requirement under section
4H—
(a) to return the thing to the person from whom it was seized;
or
(b) to pay compensation for the thing.
(2) A thing forfeited to the Territory may be destroyed or otherwise
disposed of as the chief executive directs.
Part 1C Minister’s
guidelines
4K Minister’s guidelines
(1) The Minister may make guidelines about the making of a decision by the
registrar under section 4L.
(2) The registrar must comply with any guidelines under this
section.
(3) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Part 1D Declarations about prohibited
articles and weapons
4L Prohibited articles and weapons declarations by
registrar
(1) The registrar may, in accordance with any guidelines under
section 4K (Minister’s guidelines), do any of the
following:
(a) declare something to be a prohibited article;
(b) declare an unregulated weapon to be a prohibited weapon;
(c) declare that something is not a prohibited article or prohibited
weapon.
(2) A declaration remains in force for 3 months beginning on the day after
the day the declaration is notified under the Legislation Act.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The registrar must also publish the declaration in a daily newspaper
circulating in the ACT.
4M Effect of certain
declarations
A person does not commit an offence against this Act in relation to the
possession or use of a thing that is the subject of a declaration under section
4L (1) (a) or (b) if the elements of the offence happen less than 2 days after
the day the declaration is notified under the Legislation Act.
substitute
Part 2 Offences
substitute
5 Offence—unauthorised possession or use of
prohibited weapons
A person commits an offence if the person—
(a) possesses or uses a prohibited weapon; and
(b) is not authorised by a permit, or otherwise under this Act, to possess
or use the weapon.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
6 Offence—unauthorised possession or use of
prohibited articles
A person commits an offence if the person—
(a) possesses or uses a prohibited article; and
(b) is not authorised by a permit, or otherwise under this Act, to possess
or use the article.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
substitute
8 Offence—disposal of prohibited weapons and
articles by unauthorised holders
(1) A person commits an offence if—
(a) the person has possession of a prohibited weapon or prohibited
article; and
(b) the person is not, or is no longer, authorised by a permit or
otherwise under this Act to possess the weapon or article; and
(c) within 7 days after the day the person comes into possession of, or is
no longer authorised to possess, the weapon or article, the person
fails—
(i) to surrender the weapon or article to a police officer; or
(ii) to dispose of the weapon or article to someone who is authorised by a
permit to possess it.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person does not contravene any other provision of this Act because
the person—
(a) disposed of or surrendered a prohibited weapon or prohibited article
in accordance with this section; or
(b) accepted a prohibited weapon or prohibited article under this
section.
substitute
17 Evidentiary provisions
A certificate signed by the registrar stating the following is
evidence of the matter stated:
(a) at a stated time or during a stated period, a stated person was, or
was not, the holder of a stated permit (or of a permit for a stated prohibited
weapon or prohibited article);
(b) a permit was or was not, on a day or during a stated period, subject
to a stated condition.
17A Determination of fees
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making
of determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
78 Approved
formsSection 18
omit
Minister
substitute
registrar
Part 5 Transitional
50 Definitions—pt 5
In this part:
commencement day means the day 1 year after the day the
Firearms Amendment Act 2008 is notified.
dispose, of a prohibited weapon or article, means sell, give
away or otherwise transfer possession of the weapon or article.
pre-commencement Act means this Act as in force at any time
before the commencement day.
51 Pre-commencement Act—permitted weapons and
articles generally
(1) This section applies to a weapon or article that—
(a) is not, before the commencement day, a prohibited weapon or prohibited
article; and
(b) will be, on the commencement day, a prohibited weapon or prohibited
article.
(2) A person may apply to the registrar for a permit for the weapon or
article at any time before the commencement day.
(3) For an application mentioned in subsection (2), section 9 (Permits),
section 13 (Surrender of cancelled permit) and section 14 (Review of decisions)
apply as if the weapon or article were a prohibited weapon or prohibited
article.
(4) The person is exempt from any fee that would otherwise be payable to
the registrar for—
(a) the application; and
(b) if a permit is issued to the person—the issue of the
permit.
(5) A person may before the commencement day—
(a) surrender the weapon or article to a police officer; or
(b) dispose of the weapon or article to someone who is authorised by a
permit to possess it.
(6) A weapon or article surrendered under this section—
(a) is forfeited to the Territory; and
(b) may be destroyed or otherwise disposed of as the chief executive
directs.
52 Pre-commencement Act—permitted weapons and
articles—late application for permit
(1) This section applies if—
(a) a person applies under section 51 for a permit for a weapon or article
during the period beginning 30 days before the commencement day; and
(b) the registrar has not decided whether to issue or refuse to issue the
permit before the commencement day.
(2) The person does not commit an offence against this Act in relation to
the possession or use of the weapon or article if the elements of the offence
happen—
(a) during the period the registrar is deciding; and
(b) if the registrar decides to refuse to issue the permit—during
the period of 7 days (the 7-day period) beginning on the day after
the day the person receives notice of the registrar’s decision.
(3) A person mentioned in subsection (2) (b) may, during the 7-day
period—
(a) surrender the weapon or article to a police officer; or
(b) dispose of the weapon or article to someone who is authorised by a
permit to possess it; or
(c) if the person decides to apply to the AAT for a review of the decision
of the registrar to refuse to issue the permit—ask the registrar to store
the weapon or article until the application, and any subsequent appeal, are
finally decided.
(4) If the person’s application or appeal is successful, the weapon
or article must be returned to the person.
(5) If the person’s application or appeal is not successful, the
weapon or article is taken to be surrendered to the registrar.
(6) A weapon or article surrendered under this section—
(a) is forfeited to the Territory; and
(b) may be destroyed or otherwise disposed of as the chief executive
directs.
52 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of the Firearms
Amendment Act 2008.
(2) A regulation may modify this part to make provision in relation to
anything that, in the Executive’s opinion, is not, or is not adequately or
appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
53 Expiry—pt 5
This part expires 1 year after the commencement day.
substitute
Schedule 1 Prohibited
weapons
(see s 4A)
Part 1.1 Prohibited bladed
weapons
column 1
item
|
column 2
description
|
1
|
a flick knife or other similar device that has a blade folded or recessed
into the handle which opens automatically by—
(a) gravity or centrifugal force; or
(b) pressure applied to a button, spring or device in or attached to the
handle of the device
|
2
|
a sheath knife or other similar device that has a sheath that withdraws
into the handle by—
(a) gravity or centrifugal force; or
(b) pressure applied to a button, spring or device in or attached to the
handle of the device
|
3
|
a dagger or other similar device, that has a sharp-pointed stabbing
instrument—
(a) that can be concealed on the person; and
(b) that—
(i) has a flat blade with cutting edges (whether serrated or non-serrated)
along the length of both sides; or
(ii) has a needle-like blade, the cross section of which is elliptical or
has three or more sides; and
(iii) is not a sword or bayonet
Example
Urban Skinner push dagger
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
|
4
|
a butterfly knife, balisong or other similar device that consists of a
blade (whether single-edged or multi-edged) or spike that—
(a) fits within 2 handles attached to the blade or spike by transverse
pivot points; and
(b) can be opened by gravity or centrifugal force
|
5
|
a star knife or other similar device that—
(a) consists of 2 or more angular points, blades or spikes that spreads
out about a central axis point; and
(b) is designed to spin around the knife’s central axis point in
flight when thrown at a target
|
6
|
a trench knife or other similar device that—
(a) consists of a blade (whether single-edged or multi-edged) or spike;
and
(b) is fitted with a handle made of a hard substance; and
(c) is either made or modified to be fitted over the knuckles of the hand
of the user—
(i) to protect the knuckles; and
(ii) to increase the effect of a punch or blow
|
7
|
a knife that can discharge a blade as a projectile by a spring mechanism or
other means (known as a ballistic knife)
|
8
|
a blade, knife or axe that is either made or modified to be
thrown
|
9
|
a claw (known as a hand or foot claw) made or modified to be attached to or
worn on the hand or foot to cause injury to someone else
|
Part 1.2 Prohibited hand
weapons
column 1
item
|
column 2
description
|
1
|
a knuckle-duster or other similar device, made or modified to be fitted
over the knuckles of the hand of the user—
(a) to protect the knuckles; and
(b) to increase the effect of a punch or other blow
|
2
|
a sap glove or other weighted glove (including a fingerless glove) made or
modified to be used as a weapon
|
3
|
a studded glove, or other similar hand covering, that incorporates
protrusions designed to puncture or bruise the skin
|
4
|
a mace or other similar device (other than a ceremonial mace made for use
solely as a symbol of authority on ceremonial occasions) that—
(a) can cause injury; and
(b) consists of a club or staff fitted with a flanged or spiked
head
|
5
|
a flail or other similar device consisting of a staff or handle that has
fitted to 1 end, by any means, a freely swinging part armed with spikes or
studded with any protruding matter
|
6
|
a whip, the lash of which is comprised completely or partly of
metal
|
7
|
a cat-o’-nine-tails or other similar device whether or not it has
9 lashes
|
8
|
nunchakus or kung-fu sticks or other similar device
|
9
|
a side-handled baton or other similar device that—
(a) consists of a baton, staff or rod; and
(b) is made of a hard substance; and
(c) has fitted to 1 side a handle (whether or not permanently
fixed)
|
10
|
an extendable or telescopic baton, made or modified so that the length of
the baton extends by—
(a) gravity; or
(b) centrifugal force; or
(c) pressure applied to a button, spring or device in or attached to the
handle of the baton
|
Part 1.3 Prohibited missile
weapons
column 1
item
|
column 2
description
|
1
|
a spear gun with an overall length of less than 45cm when
unloaded
|
2
|
a hunting sling, catapult or sling shot made or modified for use with, or a
component part of which is, a brace that—
(a) fits or rests on the forearm or other part of the body; and
(b) supports the wrist or forearm against the tension of the material used
to propel a projectile
Example
a Saunders ‘falcon’ hunting sling
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
|
3
|
a crossbow or other similar device manufactured on or after 1 January
1900
|
4
|
a blow gun, blow-pipe or dart projector that consists of a pipe or tube
through which a dart or other device can be projected by—
(a) the exhaled breath of the user; or
(b) the use of an elasticised band; or
(c) means other than by an explosive
|
5
|
a shark dart or other similar device designed to expel, on or after
contact, a gas or other substance that can cause bodily harm
Example
a Farallon shark dart
|
Part 1.4 Other prohibited
weapons
column 1
item
|
column 2
description
|
1
|
an explosive, incendiary, irritant or poison gas—
(a) bomb; or
(b) grenade; or
(c) rocket with a propellant charge of more than 100g; or
(d) missile with an explosive or incendiary charge of more than 7g;
or
(e) mine
|
2
|
a device or apparatus made or modified for use with a gas or liquid, if the
device or apparatus is—
(a) capable of killing or incapacitating someone; or
(b) made or modified to kill or incapacitate someone
|
3
|
A flame thrower or any other device of military design that can propel
ignited incendiary fuel
|
4
|
A hand-held or other electric device designed to administer an electric
shock on contact, other than a piece of medical equipment or electric prod
designed exclusively for use with animals
Example—hand-held electric
device
a taser self-defence weapon
Examples—other electric
device
1 a taxi protection cushion system
2 a super safety suitcase
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
|
5
|
a thing made or intended as a defence or antipersonnel spray that can
discharge by any means an irritant (other than an irritant matter mentioned in
item 6) in liquid, powder, gas or chemical form
|
6
|
a thing made or intended as a defence or antipersonnel spray that can
discharge by any means an irritant in liquid, powder, gas or chemical form,
including but not limited to the following:
(a) chloroacetophenone, known as CN;
(b) orthochlorobenzalmalononitrile, known as CS;
(c) dypenylaminechloroarsone, known as DM or Adamsite;
(d) oleoresin capsicum, known as OC
|
7
|
an acoustic or light-emitting antipersonnel device made or
modified—
(a) to cause permanent or temporary incapacity or disability to a person;
or
(b) to otherwise physically disorientate a person
|
Schedule 2 Prohibited
articles
(see s 4B)
column 1
item
|
column 2
description
|
1
|
an article commonly known as soft body armour
|
2
|
a modified article of clothing, accessory or adornment a purpose of which
is to disguise or conceal a weapon
Examples—modified
articles
1 a walking stick containing a sword
2 a riding crop containing a stiletto
3 a Bowen knife belt
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
|
3
|
an article or device intended for use to muffle, reduce or stop the noise
created by firing a firearm
|
4
|
equipment made or modified to make a smoke screen
|
5
|
a trip flare
|
6
|
a rimfire magazine with a capacity of more than 15 rounds
|
7
|
a pistol magazine with a capacity of more than 10 rounds
|
8
|
a centre-fire self-loading rifle magazine, or shotgun magazine, with a
capacity of more than 5 rounds
|
9
|
a shotgun tubular magazine extension to extend the capacity of a shotgun
magazine to more than 5 rounds
|
10
|
a device that converts a firearm so it can fire in a fully automatic
condition
|
11
|
a folding, detachable, telescopic or collapsible stock
|
Part
4 Prohibited Weapons Regulation
1997
81 Legislation
amended—pt 4
This part amends the Prohibited Weapons Regulation 1997.
82 Prohibited
articlesSection 4
omit
Schedule
1 Technical
amendments
(see s 3 and s 70)
Part
1.1 Firearms Act
1996
substitute
An Act to provide for the regulation, control and registration of
firearms
substitute
1 Name of Act
This Act is the Firearms Act 1996.
omit
, in writing,
[1.4] Section
7, new notes
insert
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
[1.5] Section
8, new note
insert
Note A provision of a law that gives an entity (including a person)
a function also gives the entity the powers necessary and convenient to exercise
the function (see Legislation Act, s 196 (1) and dict, pt 1, defs
entity and function).
omit
omit
substitute
(2) The registrar may approve the club.
Note An approval is a disallowable instrument (see s (6)).
omit
[1.10] Sections
125 and 125A
substitute
125 Determination of fees
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making
of determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
125A Approved forms
(1) The registrar may approve forms for this Act.
(2) If the registrar approves a form for a particular purpose, the
approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
[1.11] Schedule
1, heading
omit
(see s 4)
substitute
(see s 4AB)
[1.12] Firearms
Act 1996—renumbering
renumber provisions when Act next republished under Legislation
Act
Part
1.2 Prohibited Weapons Act
1996
substitute
1 Name of Act
This Act is the Prohibited Weapons Act 1996.
insert
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition,
‘firearm—see the Firearms Act 1996,
section 4A.’ means that the term ‘firearm’ is defined in that
section and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
[1.15] New
sections 2A and 2B
insert
2A Notes
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
2B Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 5 (Offence—unauthorised possession or use of prohibited
weapons)
• s 6 (Offence—unauthorised possession or use of prohibited
articles)
• s 8 (Offence—disposal of prohibited weapons and articles by
unauthorised holders).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• AAT
• ACT
• corrections officer
• Criminal Code
• exercise
• function
• police officer
• registrar of firearms
• under.
connected with an offence, for part 1B
(Unregulated weapons)—see section 4CA.
dispose, of a prohibited weapon or article, means sell, give
away or otherwise transfer possession of the weapon or article.
firearm—see the Firearms Act 1996, section
4A.
permit means a permit under part 3.
possession—see section 3.
premises means the whole or any part of any land, building or
other structure, vehicle, vessel, aircraft or place.
prohibited article—see section 4B.
prohibited weapon—see section 4A.
registrar means the registrar of firearms.
unregulated weapon—see section 4C.
Schedule
2 Consequential
amendments
Part
2.1 Court Procedures Act
2004
[2.1] Section
40, definition of firearm
substitute
firearm—see the Firearms Act 1996, section
4A.
[2.2] Dictionary,
definition of firearm
substitute
firearm, for part 5 (Court security)—see the
Firearms Act 1996, section 4A.
Part
2.2 Crimes (Sentence Administration)
Regulation 2006
[2.3] Dictionary,
definition of firearm
substitute
firearm—see the Firearms Act 1996, section
4A.
[2.4] Dictionary,
definitions of prohibited article and prohibited
weapon
substitute
prohibited article—see the Prohibited Weapons Act
1996, section 4B.
prohibited weapon—see the Prohibited Weapons Act
1996, section 4A.
Part
2.3 Domestic Violence and Protection
Orders Act 2001
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘firearm—see
the Firearms Act 1996, section 4A.’ means that the term
‘firearm’ is defined in that section and the definition applies to
this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
[2.6] Section
9 (2), definition of domestic violence offence, paragraph (e)
(i)
substitute
(i) section 53 (Offence—unregistered firearms);
[2.7] Dictionary,
definitions of ammunition, firearm and firearms
licence
substitute
ammunition—see the Firearms Act 1996,
dictionary.
firearm—see the Firearms Act 1996, section
4A.
firearms licence—see the Firearms Act 1996,
dictionary, definition of licence.
Part
2.4 Fair Trading Act
1992
substitute
(e) carrying a firearm or prohibited weapon;
insert
(3) In this section:
firearm—see the Firearms Act 1996, section
4A.
prohibited weapon—see the Prohibited Weapons Act
1996, section 4A.
Part
2.5 Spent Convictions Act
2000
substitute
(5) Section 16 does not apply in relation to the making of a decision
under the Firearms Act 1996 about a person’s suitability.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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