Firearms Act 1875 (SA)

ANNO TRICESI310 OCTAVO ET TRICESIMO NON0

No. 6.

An Act to regulate the use of Gzins and Firearms in certain cases.

I'Assentcd to, 22nd September, 1876.1

HEREAS it is expedient to regulate thc use, for thc purposes Preamble.

W of sport, of Guns and Firearms in the Province of South	Australia, and to provide for Licensing the carrying and use of
Guns and Firearms for such purposes-Be it Enacted by the Governor of the Province of South Australia, by and with the advicc and consent of the Legislative Council and House of Assembly of the said Province, in the present Parliament assembled, as follows:

1. Every person who shall desire to carry or use for the pur- Pcrsons wing fire-

pose of sr~ort, within the boundaries oT proclaimed Counties, any gun

arms must carry

or firearm, shall t&c out a licence for suctl purpose, and every such licence shall be called a " gun liccncc"; and any person carrying or using, within the boundaries aforesaid, for the purpose aforesaid, any gun or firc~rm without having in his personal possession such a licence, authorizing him to carry or use any gun. or firearm, shall, for every such offence, upon conviction, forfeit and pay a penalty of not less than One Pound nor more than Five Pounds: Provided that nothing herein contained shall prevent any unlicensed person from carrying or using guns or firearms on his own land, or on land occupied by him, or on land which he has been authorized to shoot over by the owner or occupier thercof; nor shall this Act apply to any aboriginal inhabitant of the said Province.

Councils to persons within their boundaries, and by the clerks issued. 2. Gun Licences shall be issued by Corporations and District Gun ficencemay tc

of Local Courts, and such other persons as the Governor may appoint by notice in the Government Gazette, to persons out-

E side

380 & 390 VICTORIAE, No. 6.

side the limits of Corporations and District Councils, upon payment of the sum of Ten Shillings for every such licence; and each licence shall be in force until the first day of July after the date of the issue thereof: Provided that no licences shall be issued to persons under fourteen years of age,

Licence not to extend

to Sunday shooting. 3. All rights and authorities conferred upon a holder of a licence under this Act shall not extend to the use of firearms on Sunday; and the holder of any licence using any firearms on Sunday, shall bc liable to the same penalty and yunishrnent for using such fire- arms on Sunday as if he had no such licence.

List of licences to be 4. A list of all liccnces shall be open for inspection, at all reason-

kept open.	able times, at the offices of all Corporations, District C O U ~ ~ S,	and
Local Courts, were the same shall have been issued.
Onusprobandi to be

on defendant;.	5. Upon the hearing of any information for any breach of thc provision contained in clause' 1 of t?lis Act, the person complained against shall bc required to prove that he has not been guilty of any such breach; and, in default of s ~ x h proof, may be convicted: Pro- vided that, notwithstanding any law or practice to the contrary,
the person complained against shall be competent to give evidence,
on the hearing of such information.
Any person may
demand production of	6. Any person may demand from avy other person who, at the time of such demand, may be using or carrying, for the purpose afore- said. within the boundaries aforcsaid, anv purl or firearms. the Dro- duction of the licence or authority for so ioing, wllrrc suih licence or authority shall be necessary, and may also demand from such last-mentioned person his name and address; and if the person of whom such produciiion, or name and address, shall be demanded shall refuse to produce the same, or shall not give his narnc and addrcss, or shall give a false name or address, such last-mentioned person shall, for cvcry such offence, upon conviction, forfeit and pay
gun licence.
a penalty of not less than Onc Pound nor more than Fire Pounds.

may lay

matious. .	7. Informations may be laid for any offence against this Act at the instance of any person: Yrovided t1ra.t every such information shall be laid within one month after the commission of the offence
in respect to which such iriformation was laid.

procedure. 8, All hncs and penalties for any offcncc apr-linst this Act, and all sums of money payable hereunder, may be recovcrcd in a sunzmary way, before any Syccial Magistrate or two Justices of the Peace, under the provisions of an Ordinance, No. 6 of 1850, " To facilitate the performance of the duties of Justices of the Peace out of Sessions, with respect to summary convictions and ordcrs," or of any Act hereafter to bc in force for facilitating the duties of Justices of the Peace with respect to summary convictions and ordcrs; and all convictions and orders may be enforced as in the said Ordinance is mentioned.

9. There

38" & 39O VICTORIB, No. 6.

Firearms Act.-1875.

9. There shall be an appeal from any order or conviction of any Appeal.

Special Magistrate or Justices under this Act, or from any order dismissing any information or otherwise: which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the pro- ceedings on such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts.

10. All penalties under this Act shall be paid to the Treasurer for Appropriation of

the public uses of the said Province, or to the Corporation or District pendties.

Council within the limits of which, respectively, the offence shall

have been committed.

In the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGR AVE, Governor.

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Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.