Firearms Act 1977 (SA)

South Australia

Firearms Act 1977

An Act to control the possession, use and sale of firearms; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Firearms Act 1977.

5Interpretation

(1)
In this Act, unless the contrary intention appears—
to acquire means to acquire through purchase, gift, loan or hire;
active member of a club for a 12 month period means—
(a)
in relation to a collectors' club—
(i)
a member of the club who has attended four or more meetings of the club during the 12 months; or
(ii)
a member of the club who has made a personal contribution (not being a financial contribution) to the club during the 12 months in a manner and to an extent that satisfies the Registrar that he or she should be regarded as an active member of the club; or
(b)
in relation to a shooting club and the holder of a firearms licence authorising possession of class H firearms—
(i)
a member of the club who has participated in shooting club organised competitive shooting matches for class H firearms on at least six occasions during the 12 months; or
(ii)
a member of the club who satisfies the Registrar that the member failed to meet the requirements of subparagraph (i), during the 12 months, due to the member's ill health or employment obligations or some other reason accepted by the Registrar;
air gun means a firearm (other than a rifle or handgun) designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant;
air rifle means a rifle designed to be carried by hand and to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant;
ammunition means ammunition suitable for use in a firearm and includes primers and propellant;
antique firearm means a firearm that—
(a)
was manufactured before 1900; and
(b)
is kept solely for curiosity, display or ornamental purposes; and
(c)
is not used to fire projectiles; and
(d)
—
(i)
in the case of a firearm other than a class H firearm—
(A)
is designed to fire breech loading cartridges and is not a firearm for which live rounds of ammunition are commercially manufactured factory loaded; or
(B)
is not designed to fire breech loading cartridges; or
(ii)
in the case of a class H firearm—is a handgun designed or altered to fire by means of a flintlock, matchlock, wheel-lock or other system used prior to the use of percussion caps as a means of ignition,
and includes a receiver of such a firearm;
automatic firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds automatically while the trigger is held in that position;
capacity of a magazine—see subsection (2);
carry on a business—see subsections (3) to (6) and (9);
class A firearms means—
(a)
air rifles, air guns and paint-ball firearms; and
(b)
.22 rim fire rifles (not being self-loading rifles); and
(c)
single or double barrel shotguns (not being self-loading or pump action shotguns),
and includes receivers of firearms defined as class A firearms by a preceding paragraph;
class B firearms means—
(a)
muzzle loading firearms (not being handguns); and
(b)
revolving chamber rifles; and
(c)
centre fire rifles (not being self-loading centre fire rifles); and
(ca)
double barrel centre fire rifles that are not designed to hold additional rounds in a magazine; and
(d)
break action combination shotguns and rifles; and
(e)
all other firearms (not being prescribed firearms, handguns, self-loading firearms or pump action shotguns) that are not class A firearms,
and includes receivers of firearms defined as class B firearms by a preceding paragraph;
class C firearms means—
(a)
self-loading rim fire rifles having a magazine capacity of 10 rounds or less; and
(b)
self-loading shotguns having a magazine capacity of five rounds or less; and
(c)
pump action shotguns having a magazine capacity of five rounds or less,
and includes receivers of firearms defined as class C firearms by a preceding paragraph but does not include revolving chamber rifles or receivers of revolving chamber rifles;
class D firearms means—
(a)
self-loading rim fire rifles having a magazine capacity of more than 10 rounds; and
(b)
self-loading centre fire rifles; and
(c)
self-loading shotguns having a magazine capacity of more than five rounds; and
(d)
pump action shotguns having a magazine capacity of more than five rounds,
and includes receivers of firearms defined as class D firearms by a preceding paragraph but does not include revolving chamber rifles or receivers of revolving chamber rifles;
class H firearms means handguns;
close associate of an applicant for or the holder of a dealer's licence—see subsection (1a);
collectors' club means a recognised firearms club that—
(a)
has been established to foster the interests of persons who collect and display firearms; and
(b)
does not include as part of its regular activities the shooting of firearms;
collector's licence means a firearms licence that is endorsed with the purpose of collecting and displaying firearms;
commercial range operator means a person who carries on the business of providing—
(a)
a shooting range (not being a shooting gallery) for use by members of the public; and
(b)
firearms for use by members of the public at the range;
the Commissioner of Police means the person for the time being holding, or acting in, the office of Commissioner of Police;
criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;
dealer means a person—
(a)
who carries on the business of manufacturing, repairing, modifying or testing firearms; or
(b)
who carries on the business of buying, selling or hiring out, firearms, firearm parts or ammunition; or
(c)
who carries on the business of a pawnbroker or auctioneer and handles firearms, firearm parts or ammunition in the course of that business,
and dealing has a corresponding meaning;
dealer's licence means a dealer's licence granted under this Act;
District Court means the Administrative and Disciplinary Division of the District Court;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
firearm means—
(a)
a device designed to be carried by hand and to fire shot, bullets or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or
(c)
a device of a kind declared by regulation to be a firearm for the purposes of this Act,
and includes a receiver of a firearm and any device which, if in working order, would be a firearm within the meaning of this definition (except such a device that has been rendered unusable in a manner stipulated in the regulations or by the Registrar) but does not include an antique firearm, or a device of a kind excluded by regulation from the provisions of this Act;
firearm part for a firearm means a barrel, trigger mechanism, magazine, cylinder, hammer, bolt, breech block or slide designed as, or reasonably capable of forming, part of the firearm;
firearms club means a club for the benefit of enthusiasts who are interested in firearms generally or in a particular class of firearms;
firearms licence means a firearms licence granted under this Act and includes a firearms permit;
firearms permit means a permit referred to in section 12(4);
firearms prohibition order means an order issued under Part 2A (including an interim firearms prohibition order);
Firearms Review Committee or committee means the Firearms Review Committee established under this Act;
firing mechanism of a firearm means the mechanism of the firearm that is designed for the purpose of firing the firearm;
fit and proper person—see subsections (10) to (13) and section 6B(2);
to give a firearm means to transfer ownership of the firearm to another person as a gift and includes transfer of the ownership of a firearm to a beneficiary of a deceased estate by the executor or administrator in the distribution of the estate;
grounds of a recognised firearms club—see subsection (7);
grounds of a recognised paint‑ball operator—see subsection (8);
handgun means a firearm the barrel of which is less than 400 millimetres in length and that is designed or adapted for aiming and firing from the hand and is reasonably capable of being carried concealed about the person and includes a receiver of such a firearm;
interim firearms prohibition order—see section 10A;
licence means a firearms licence or a dealer's licence;
licence year of a licence means the 12 months from the beginning of the term of the licence, or, if the term of the licence exceeds 12 months, the succeeding period or each succeeding period of 12 months during the term of the licence;
licensed dealer in firearms or ammunition means a person who is licensed under this Act or a corresponding enactment of another State or Territory of the Commonwealth to carry on the business of dealing in firearms or ammunition;
loading mechanism of a firearm means all the parts of the firearm (except the barrel) that are designed to place or hold or to place and hold a round in position for firing and includes the magazine of the firearm (if any);
the Minister means the Minister of the Crown to whom the administration of this Act is for the time being committed by the Governor and includes any other Minister of the Crown for the time being discharging the duties of that Minister;
owner of a firearm includes—
(a)
the executor or administrator of a deceased estate that includes a firearm; and
(b)
the administrator or manager of the estate of a person who is unable to manage his or her affairs if the estate includes a firearm; and
(c)
the donee of an enduring power of attorney during a period of legal incapacity suffered by the donor of the power if the donor is the owner of a firearm; and
(d)
the Official Trustee or the registered trustee of a bankrupt estate that includes a firearm;
paint-ball firearm means an air gun designed to fire a projectile containing dye, paint or other marking substance;
paint-ball operator means a person or body who provides or arranges for the provision of grounds for use by participants in an organised activity involving the use of paint-ball firearms (but not involving the use of any other firearms);
possession of a firearm—see subsections (14) and (15);
prescribed firearm means a firearm of a class prescribed by regulation for the purposes of this definition;
prohibited firearm accessory means an item, or an item of a class, prescribed by the regulations that may be fitted to or used in conjunction with a firearm;
pump action shotgun means a shotgun that is reloaded manually by moving the forward hand grip which is part of the loading mechanism of the gun backwards and then forwards;
to purchase includes to acquire by barter or exchange;
receiver of a firearm means the body or frame of the firearm that is designed to hold the firing mechanism or the loading mechanism or both in place but does not include the stock or barrel of the firearm;
recognised commercial range operator means a commercial range operator declared to be a recognised commercial range operator by the Minister pursuant to this Act;
recognised firearms club means a firearms club declared to be a recognised firearms club by the Minister pursuant to this Act;
recognised paint-ball operator means a paint-ball operator declared to be a recognised paint-ball operator by the Minister pursuant to this Act;
the Registrar means the Registrar of Firearms;
relative in relation to a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;
rifle includes a receiver of a rifle;
round means a projectile and propellant whether held together by a cartridge or not;
self-loading firearm means—
(a)
a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds by releasing the trigger and returning it to the firing position to fire each additional round; but
(b)
does not include a double barrel shotgun that is not designed to hold additional rounds in a magazine;
to sell includes to dispose of by barter or exchange;
shooting club means a recognised firearms club that includes amongst its regular activities the shooting of firearms;
shooting club member's licence means a firearms licence that is endorsed with the purpose of using a firearm as a member of a shooting club;
shooting gallery means an indoor or outdoor gallery at which members of the public can use .177 calibre air guns or air rifles (but not paint-ball firearms) that are attached to a shooting bench to shoot at stationary or moving targets;
shotgun includes a receiver of a shotgun;
silencer means a device designed or adapted to be attached to, or comprising part of, a firearm to muffle the report when the firearm is fired and includes baffles, tubes or other parts that when fitted together would comprise a silencer;
spouse—a person is the spouse of another if they are legally married;
to supply means to supply through sale, gift, loan or hire.
(1a)
For the purposes of this Act, 2 persons are close associates if—
(a)
1 is a relative of the other; or
(b)
they are in partnership; or
(c)
they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or
(d)
1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or
(e)
1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or
(f)
1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or
(g)
1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or
(h)
1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.
(2)
For the purposes of this Act the capacity of a magazine that has been modified to reduce its capacity will only be regarded as having the reduced capacity, instead of its capacity as manufactured, if it has been modified in a manner approved by the Registrar.
(3)
A person who purchases or sells more than 20 firearms or more than 20 firearm parts in any 12 month period will, for the purposes of this Act, be taken to be carrying on the business of dealing in firearms or firearm parts in respect of the firearms or firearm parts purchased or sold in excess of 20 in that period unless he or she establishes on the balance of probabilities that he or she was not carrying on such a business.
(4)
Subsection (3) does not apply if all the firearms purchased or sold in a 12 month period were the subject of one transaction or two or more transactions entered into on the same day at an auction.
(5)
A person who purchases or sells more than 50 000 rounds of ammunition in any 12 month period will, for the purposes of this Act, be taken to be carrying on the business of dealing in ammunition in respect of the ammunition purchased or sold in excess of 50 000 rounds in that period unless he or she establishes on the balance of probabilities that he or she was not carrying on such a business.
(6)
Subsection (5) does not apply—
(a)
in relation to a recognised firearms club;
(ab)
to the purchase or sale by a recognised paint-ball operator of ammunition suitable for use in paint-ball firearms;
(b)
if all the ammunition purchased or sold in a 12 month period was the subject of one transaction or two or more transactions entered into on the same day at an auction.
(7)
For the purposes of this Act, any grounds provided or arranged to be provided by or on behalf of a recognised firearms club for use by members of the club will be taken to be grounds of the club.
(8)
For the purposes of this Act, any grounds provided or arranged to be provided by or on behalf of a recognised paint-ball operator for use by participants in an organised activity involving the use of paint-ball firearms will be taken to be grounds of the operator.
(9)
A reference in this Act to a person who carries on the business of primary production includes—
(a)
where the business is carried on by a company—a director of the company; and
(b)
the person (if any) employed to manage the business,
if the director or manager resides on or near the land on which the business is carried on or visits the land frequently for the purposes of the business.
(10)
For the purposes of this Act a person who has a mental or physical condition that would make it unsafe for him or her to possess a firearm or ammunition must be taken not to be a fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a licence.
(11)
For the purposes of this Act a person may be taken not to be a fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a licence if the person—
(a)
has not complied with the requirements of this Act in relation to the safe handling, carriage or use of firearms; or
(b)
has been found guilty of an offence against this Act or corresponding legislation of another State or Territory of the Commonwealth; or
(c)
has been found guilty of an offence involving actual or threatened violence in this State or any other State or Territory of the Commonwealth or in any other part of the world; or
(ca)
has been found guilty of an offence prescribed by regulation; or
(d)
has been guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation in another State or Territory of the Commonwealth; or
(e)
is the subject, or has in the past been the subject, of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth.
(12)
Subsection (11) does not limit the grounds on which a person may be taken not to be a fit and proper person for the purposes of this Act.
(13)
In deciding whether a person is a fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a licence for the purposes of this Act, regard may be had to the reputation, honesty and integrity of the person and of people with whom the person associates.
(14)
For the purposes of this Act (other than Part 3 Division 2A), a person has possession of a firearm if—
(a)
the person has custody of the firearm or has the firearm in the custody of another; or
(b)
the person has and exercises access to the firearm; or
(c)
the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the firearm is found.
(15)
However, subsection (14)(c) does not apply if the person establishes that—
(a)
he or she did not know, and could not reasonably be expected to have known, that the firearm was on or in the premises, vehicle, vessel or aircraft; or
(b)
the firearm was in the lawful possession of another or he or she believed on reasonable grounds that the firearm was in the lawful possession of another.

5ACrown not bound

This Act does not apply to the Crown in right of this State or to the Crown in any other capacity.

Part 2AdministrationDivision 1The Registrar of Firearms6The Registrar

(1)
The Commissioner of Police is the Registrar of Firearms.
(2)
The Registrar may, by instrument in writing, delegate to any person any of the Registrar's powers and functions under this Act.
(3)
A delegation under this section is revocable at will, and does not prevent the exercise of any power or function by the Registrar.

(4)
The Registrar may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.

6ARegisters

(1)
The Registrar must maintain—
(a)
a register of licences issued under this Act; and
(b)
a register of firearms registered under this Act; and
(c)
a register of firearms prohibition orders issued under this Act.
(2)
If the Registrar is satisfied that a person has a proper interest in the contents of a register, the Registrar may permit that person to inspect the register, or portion of the register.
(3)
The register of firearms prohibition orders must be made available to the public by electronic or other means.
(4)
The Registrar may integrate a register maintained under this section with other law enforcement systems maintained in this State or elsewhere.

6BPower to require medical examination or report

(1)
The Registrar may, as reasonably required for the purposes of determining whether a person is a fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a licence for the purposes of this Act, require the person to—
(a)
submit to an examination by a health professional, or by a health professional of a class, specified by the Registrar; or
(b)
provide a medical report from a health professional, or from a health professional of a class, specified by the Registrar,
(including an examination or report that will require the person to submit to a blood test or some other prescribed procedure).
(2)
A person may be taken not to be a fit and proper person to have possession of a firearm or ammunition or to hold or have possession of a licence for the purposes of this Act, if the person fails to comply with a requirement made under subsection (1).
(3)
In this section—
health professional means—
(a)
a medical practitioner; or
(b)
a psychologist; or
(c)
a person of a class prescribed by regulation.

Division 2Firearms Review Committee7Establishment

(1)
The Firearms Review Committee is established.
(2)
The committee consists of six members, appointed by the Governor, of whom—
(a)
one must be a legal practitioner of at least seven years standing; and
(b)
one must be a person nominated by the Commissioner of Police; and
(c)
one must be a person who has, in the opinion of the Governor, wide experience in the use and control of firearms; and
(d)
one must be a medical practitioner; and
(e)
one must be a person who carries on the business of primary production and uses a firearm or firearms for the purposes of that business; and
(f)
one must be a person who has experience in the administration of, or in participating in, a competitive discipline using firearms being a discipline in which shooters compete at the Olympic Games or the Commonwealth Games.
(2a)
The committee must include at least two men and two women.
(3)
The Governor may appoint a member of the committee to preside at meetings of the committee.
(4)
The Governor may appoint a suitable person to be a deputy of any member of the committee, and such a person while acting in the absence of the member has all the powers, authorities, duties and obligations of that member.

8Quorum etc

(1)
Four members of the committee constitute a quorum of the committee and no business may be transacted by the committee unless a quorum is present.
(2)
A decision carried by a majority of votes cast by members at a meeting is a decision of the committee.
(3)
Each member present at a meeting has one vote on any question arising for decision and, if the votes are equal, the person presiding at the meeting may exercise a casting vote.

9Allowances and expenses

The members of the committee are entitled to such allowances and expenses as the Minister may determine.

10Procedure

(1)
Before the committee makes any decision upon a matter arising under this Act, it must allow the Registrar, and any other person with a direct interest in the matter, a reasonable opportunity to make representations orally or in writing to the committee.
(2)
In investigating any matter arising under this Act, the committee is not bound by the rules of evidence but may inform itself in any manner it thinks fit.
(3)
The committee must maintain the confidentiality of information provided to the committee by the Registrar that is classified by the Registrar as criminal intelligence.

Part 2AFirearms prohibition orders

10AInterim firearms prohibition order issued by police officer

(1)
Subject to subsection (2), a police officer may issue an interim firearms prohibition order against a person if the police officer suspects on reasonable grounds that—
(a)
possession of a firearm by the person would be likely to result in undue danger to life or property; or
(b)
the person is not a fit and proper person to possess a firearm.
(2)
If the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank.
(3)
An interim firearms prohibition order must be in a form approved by the Registrar.
(4)
For the purposes of this Act, an interim firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.
(5)
If a police officer proposes to issue an interim firearms prohibition order against a person, the officer may—
(a)
require the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and
(b)
if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—
(i)
so long as may be necessary for the order to be served on the person; or
(ii)
2 hours,
whichever is the lesser.
(6)
A person against whom an interim firearms prohibition order is issued must notify the Registrar in writing of an address for service.
(7)
An interim firearms prohibition order expires 28 days after the Registrar is notified in writing of the person's address for service.
(8)
The Registrar may, on his or her own initiative, revoke an interim firearms prohibition order by notice in writing served personally or by post on the person against whom it is issued.

10BFirearms prohibition order issued by Registrar

(1)
The Registrar may issue a firearms prohibition order against a person if satisfied that—
1. (a)
  —
  1. (i)
    possession of a firearm by the person would be likely to result in undue danger to life or property; or
  2. (ii)
    the person is not a fit and proper person to possess a firearm; and
2. (b)
  it is in the public interest to prohibit the person from possessing and using a firearm.
(2)
For the purposes of this Act, a firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.
(3)
A firearms prohibition order will be taken to be served on a person against whom an interim firearms prohibition order is in force if it is served by registered post on the person at the address for service notified to the Registrar by the person under section 10A.
(3a)
If a police officer has reason to believe that a firearms prohibition order applies to a person, but the order has not been served on the person, the officer may—
1. (a)
  require the person to remain at a particular place for—
  1. (i)
    so long as may be necessary for the order to be served on the person; or
  2. (ii)
    2 hours,
whichever is the lesser; and
1. (b)
  if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).
(4)
A firearms prohibition order served on a person must be accompanied by a notice setting out the Registrar's reasons for issuing the order.
(5)
If the decision to issue the order was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.
(6)
The Registrar may, on his or her own initiative or on application, revoke a firearms prohibition order by notice in writing served personally or by post on the person against whom it is issued.

10CEffect of firearms prohibition order

(1)
A person to whom a firearms prohibition order applies is disqualified from obtaining any licence or permit under this Act.
(2)
While a firearms prohibition order is in force against a person—
(a)
any licence or permit under this Act held by the person is suspended; and
(b)
section 31A does not apply.
(3)
A person against whom a firearms prohibition order is in force must not acquire, possess or use a firearm, firearm part or ammunition.
Maximum penalty:
(a)
in the case of a firearm—$75 000 or imprisonment for 15 years;
(b)
in the case of a firearm part or ammunition—$35 000 or imprisonment for 7 years.
(4)
If a firearms prohibition order comes into force against a person, the person must forthwith surrender to the Registrar all firearms, firearm parts and ammunition owned by the person.
Maximum penalty:
(a)
in the case of a firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of a firearm part or ammunition—$20 000 or imprisonment for 4 years.
(5)
A person against whom a firearms prohibition order is in force—
(a)
must not be present at—
(i)
the grounds of a firearms club or the range of a commercial range operator; or
(ii)
a place at which a person carries on the business of manufacturing, repairing, modifying or testing firearms, firearm parts or ammunition or buying, selling or hiring out, firearms, firearm parts or ammunition; or
(iii)
any other place of a kind prescribed by regulation; and
(b)
must not become a member of a firearms club; and
(c)
must not be in the company of a person who has a firearm on or about his or her person or under his or her immediate physical control.
Maximum penalty: $10 000 or imprisonment for 2 years.
(6)
It is a defence to prosecution for an offence against subsection (5)(c) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had a firearm on or about his or her person or under his or her immediate physical control.
(7)
A person against whom a firearms prohibition order is in force must not reside at premises on which there is a firearm, firearm part or ammunition.
Maximum penalty:
(a)
in the case of a firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of a firearm part or ammunition—$20 000 or imprisonment for 4 years.
(8)
It is a defence to prosecution for an offence against subsection (7) to prove that the person did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on the premises.
(9)
A person against whom a firearms prohibition order is in force must inform each other person of or over the age of 18 years who resides or proposes to reside at the same premises as the person of the fact that a firearms prohibition order is in force against the person and ask each such person whether or not he or she has or proposes to have a firearm, firearm part or ammunition on the premises.
Maximum penalty: $10 000 or imprisonment for 2 years.
(10)
A person must not supply a firearm, firearm part or ammunition to a person to whom a firearms prohibition order applies or permit such a person to gain possession of a firearm, firearm part or ammunition.
Maximum penalty:
(a)
in the case of a firearm—$75 000 or imprisonment for 15 years;
(b)
in the case of a firearm part or ammunition—$35 000 or imprisonment for 7 years.
(11)
A person who has a firearm on or about his or her person or under his or her immediate physical control must not be in the company of a person to whom a firearms prohibition order applies.
Maximum penalty: $10 000 or imprisonment for 2 years.
(12)
If a person to whom a firearms prohibition order applies resides at premises, a person who brings a firearm, firearm part or ammunition onto the premises or has possession of a firearm, firearm part or ammunition on the premises is guilty of an offence.
Maximum penalty:
(a)
in the case of a firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of a firearm part or ammunition—$20 000 or imprisonment for 4 years.
(13)
It is a defence to prosecution for an offence against subsection (10), (11) or (12) to prove that the person did not know, and could not reasonably be expected to have known, that a firearms prohibition order applies to the person.
(14)
For the purposes of this section—
(a)
if a person to whom a firearms prohibition order applies is on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a firearm, firearm part or ammunition is found on or in the premises, vehicle, vessel or aircraft, the person will be taken to possess the firearm, firearm part or ammunition unless it is proved that the person did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on or in the premises, vehicle, vessel or aircraft; and
(b)
a person will be taken to acquire a firearm if—
(i)
the person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of acquisition of the firearm; or
(ii)
the person knowingly provides or arranges finance for any step in that process; or
(iii)
the person knowingly provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management; and
(c)
a person will be taken to supply a firearm if—
(i)
the person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of supply of the firearm; or
(ii)
the person knowingly provides or arranges finance for any step in that process; or
(iii)
the person knowingly provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management.
(15)
The Registrar may exempt a person, unconditionally or subject to conditions, from a specified provision of this section and may vary or revoke an exemption by notice in writing served personally or by registered post on the holder of the exemption.

10DReport on first 2 years of operation of Part

(1)
The Minister must cause a report to be prepared under this section within 3 months after the second anniversary of the commencement of this Part.
(2)
The report must relate to the 2 years immediately following the commencement of this Part and specify—
(a)
the number of firearms prohibition orders issued; and
(b)
the number of firearms prohibition orders revoked; and
(c)
the number of reviews and appeals under Part 4A relating to firearms prohibition orders and the outcome of each review or appeal that has been completed or finally determined.
(3)
The Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.

Part 3Possession and trafficking of firearms and licensing of dealersDivision 1Possession and use of firearms11Possession and use of firearms

(1)
A person who has possession of a firearm without holding a firearms licence authorising possession of that firearm is guilty of an offence.
(2)
A person who has possession of a firearm, or who uses a firearm, for a purpose that is not authorised by a firearms licence held by that person is guilty of an offence.
(3)
If, in proceedings for an offence against subsection (2), the evidence gives rise to a reasonable inference that the purpose for which the defendant had possession of the firearm, or used the firearm, was not authorised by the licence, the onus shifts to the defendant to establish that the purpose for which he or she had possession of the firearm, or used the firearm, was authorised by the licence.
(4)
No offence is committed under this section in relation to a class A, B or H firearm by virtue of the fact that—
(a)
a person has possession of, or uses, the firearm on the range of a recognised commercial range operator or at a shooting gallery in the normal course of the operation of the commercial range operator or the shooting gallery if the commercial range or the gallery is under the supervision of a responsible person who holds a firearms licence authorising possession of that firearm;
(b)
a person has possession of, or uses, the firearm on the grounds of a recognised firearms club for the purpose of shooting in a manner authorised by the club provided that the person—
(i)
is not the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that is suspended; and
(ii)
has not been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; and
(iii)
is not prohibited from possessing or using a firearm by an order of a court whether in this State or any other State or Territory of the Commonwealth;
(ba)
a person has possession of, or uses, a paint-ball firearm on grounds of a recognised paint-ball operator while participating in an organised activity involving the use of paint-ball firearms (but no other firearms);
(c)
a person has possession of the firearm in the ordinary course of the business of carrying or storing goods;
(d)
a person has possession of, or uses, the firearm in the ordinary course of business as a licensed dealer in firearms.
(4a)
No offence is committed under this section in relation to a class C or D firearm by virtue of the fact that—
(a)
a person has possession of the firearm in the ordinary course of the business of carrying or storing goods; or
(b)
a person has possession of, or uses, the firearm in the ordinary course of business as a licensed dealer in firearms if his or her dealer's licence authorises dealing in that class of firearm.
(4b)
No offence is committed under this section in relation to a class A, B, C, D or H firearm or a prescribed firearm by virtue of the fact that a person has possession of the firearm if he or she has possession of it on behalf of the Crown.
(5)
No offence is committed under this section in relation to a firearm by virtue of the fact that—
(a)
a person has possession of the firearm as executor of the will, or administrator of the estate, of a deceased person;
(b)
a person has possession of the firearm—
(i)
as the administrator, committee, guardian or manager of the estate of a person who is unable to manage his or her affairs; or
(ii)
as the donee of an enduring power of attorney during a period of legal incapacity suffered by the donor of the power; or
(iii)
as the Official Trustee or the registered trustee of a bankrupt estate;
(c)
a person has possession of, or uses, the firearm in circumstances prescribed by regulation.
(6)
For the purposes of this section—
(a)
a person who handles a firearm—
(i)
in the presence, and with the consent, of a person who is the owner of the firearm and who is authorised by or under this Act to have possession of it; or
(ii)
in the premises of a licensed dealer in firearms for the purpose of inspecting the firearm,
does not have possession of the firearm;
(b)
a person who has possession of a self-loading rim fire rifle that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the rifle has possession of a class C firearm;
(c)
a person who has possession of a self-loading rim fire rifle and also has possession of a magazine with a capacity of more than ten rounds that can be fitted to the rifle has possession of a class D firearm even though the magazine is not fitted to the rifle;

(d)
a person who has possession of a self-loading or pump action shotgun that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the shotgun has possession of a class C firearm;
(e)
a person who has possession of a self-loading or pump action shotgun and also has possession of a magazine with a capacity of more than five rounds that can be fitted to the shotgun has possession of a class D firearm even though the magazine is not fitted to the shotgun.
(7)
Subject to this section, the maximum penalty for an offence against this section is as follows:
(a)
where the firearm is a prescribed firearm—$50 000 or imprisonment for 10 years;
(b)
where the firearm is a class C, D or H firearm—$35 000 or imprisonment for seven years;
(c)
where the firearm is any other kind of firearm—$20 000 or imprisonment for four years.
(7a)
The maximum penalty for an aggravated offence is as follows:
(a)
where the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;
(b)
where the firearm is a class C, D or H firearm—$50 000 or imprisonment for 10 years;
(c)
where the firearm is any other kind of firearm—$35 000 or imprisonment for 7 years.
(7b)
An offence against this section is an aggravated offence if it has been proved that—
(a)
the firearm to which the offence relates was loaded or in the immediate vicinity of a loaded magazine that could be attached to and used in conjunction with the firearm; or
(b)
the offender had the firearm concealed about the person.
(7d)
A firearm will be taken to be loaded if a round is in the breech or barrel of the firearm or in a magazine comprising part of or attached to the firearm.
(8)
A person who has not previously been found guilty of an offence against this section may, at the discretion of the prosecutor, be prosecuted for a summary offence against this section except where the firearm is a prescribed firearm, but on conviction of a summary offence against this section the maximum penalty is $10 000 or imprisonment for two years (and subsections (7a) to (7d) do not apply).

12Application for firearms licence

(1)
An application for a firearms licence—
(a)
must be made to the Registrar in the prescribed manner and form; and
(b)
must contain the prescribed information; and
(c)
must be accompanied by any certificates, declarations, references, reports or other documents required by the regulations or by the Registrar.
(2)
The Registrar may require an applicant—
(a)
to furnish such further information as may be necessary to enable the Registrar to determine the application; or
(b)
to verify by statutory declaration information furnished in relation to the application.
(3)
Subject to subsection (4), an application for a firearms licence cannot be made by a person under the age of 18 years.
(4)
An application for a firearms permit may be made by a person who has reached the age of 15 years but who has not reached the age of 18 years if that person is the spouse, child, brother, sister or employee of a person who holds a firearms licence and who carries on the business of primary production.
(4a)
A firearms permit may only authorise the possession and use of class A or B firearms registered in the name of the spouse, parent, brother, sister or employer of the licence holder and may only authorise use of the firearm for the purposes of the business of primary production carried on by that person.
(5)
The Registrar must not grant an application for a firearms licence unless satisfied—
(a)
as to the identity of the applicant (the Registrar may require the applicant to identify himself or herself in the same manner and to the same extent as could be required if the applicant were opening an account at an ADI); and
(ab)
as to the age and the residential and postal addresses of the applicant; and
(b)
that the applicant intends using the firearm, or a firearm of the class, to which the licence relates for the purpose or purposes endorsed on the licence in relation to that firearm or firearms of that class.
(5a)
The Registrar may refuse an application for a firearms licence if the applicant is not usually resident in the State.
(6)
Subject to this section, where an application for a firearms licence is properly made the Registrar may only refuse the application if—
(a)
—
(i)
the Registrar is not satisfied that the applicant is a fit and proper person to hold the licence applied for; or
(ii)
the proposed licence would authorise possession of a class C or D firearm and the Registrar would not be prepared to grant a permit to the applicant to acquire a firearm of that class; or
(iii)
the Registrar is not satisfied that the applicant will keep firearms in his or her possession secured in accordance with this Act; or
(iv)
the Registrar is satisfied that the applicant could not use any firearm for the purpose or one or more of the purposes to be endorsed on the licence; or
(v)
the Registrar is satisfied that the applicant could not use any firearm of the class or one or more of the classes to be endorsed on the licence in accordance with the conditions of the licence; or
(vi)
to grant the application would, in the Registrar's opinion, be contrary to the public interest.
(7)
An application for a firearms licence authorising possession of a prescribed firearm can only be granted if the Registrar is satisfied—
(a)
that the prescribed firearm will be used for a purpose authorised by the regulations; and
(b)
that the applicant is a fit and proper person to have possession of the prescribed firearm.
(7a)
If—
(a)
the Registrar refuses an application for a firearms licence on the ground that to grant the licence would, in the Registrar's opinion, be contrary to the public interest; and
(b)
the Registrar made the decision because of information that is classified by the Registrar as criminal intelligence,
the Registrar is not required to provide any reasons for the Registrar's decision to the applicant other than that the decision was made on public interest grounds under this section.
(7b)
An application for a collector's licence may be refused if the Registrar is not satisfied that—
(a)
the applicant has, or genuinely intends to acquire, a collection of firearms that has, or will have, significant commemorative, historical, investment or other value; or
(b)
—
(i)
in the case of an application for a new collector's licence (as distinct from the renewal of a licence)—the applicant has been an active member of a collectors' club for the preceding 12 months; or
(ii)
in the case of an application for renewal of a collector's licence—the applicant has been an active member of a collectors' club for each licence year of the licence.
(7c)
An application for a firearms licence authorising possession of class H firearms may be refused if—
(a)
the applicant was the holder of a firearms licence authorising possession of class H firearms that was, on application made by the person within the period of six months from the commencement of this subsection—
(i)
cancelled; or
(ii)
altered so that class H firearms ceased to be endorsed on it; and
(b)
not more than five years has elapsed since the end of that period.
(7d)
An application for renewal of a shooting club member's licence authorising possession of class H firearms may be refused if the Registrar is not satisfied that the applicant has been an active member of a shooting club for each licence year of the licence.
(8)
An application for a new firearms licence (as distinct from the renewal of a licence) must not be granted until at least 28 days after the application was made.
(9)
The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 90 days after it was made.
(10)
A firearms licence does not come into force until the prescribed application fee has been paid.
(11)
A person may hold a collector's licence and another firearms licence for other purposes at the same time.

13Provisions relating to firearms licences

(1)
A firearms licence may authorise possession of a particular firearm or firearms of a particular class, and must be endorsed by the Registrar with the purpose or purposes for which that firearm or firearms of that class may be used by the holder of the licence.
(2)
A firearms licence can only be endorsed with a purpose or purposes prescribed by regulation or approved by the Registrar pursuant to the regulations.
(2a)
Where a firearms licence is endorsed with the purpose of collecting and displaying firearms no other purpose may be endorsed on that licence.
(3)
A firearms licence that authorises possession of a prescribed firearm must be specially endorsed by the Registrar to that effect.
(3a)
A firearms licence does not authorise the possession and use of a firearm acquired by the holder of the licence on or after the commencement of the Firearms (Miscellaneous) Amendment Act 1996 if possession of the firearm was transferred to the holder in contravention of Division 2A.
(4)
Subject to this section, a firearms licence is subject to—
(a)
any licence conditions prescribed by the regulations; and
(b)
any licence conditions imposed by the Registrar.
(5)
The Registrar may impose licence conditions pursuant to subsection (4) on the grant or renewal of the licence or at any time during the term of the licence.
(6)
A licence condition imposed pursuant to subsection (4)(b) during the term of the licence does not operate until the Registrar has given the holder of the licence (either personally or by registered post) notice in writing of the condition.
(8)
The Registrar may, on his or her own initiative or on the application of the holder of a firearms licence—
(a)
extend or restrict the classes of firearms to which the licence relates;
(b)
vary or revoke a purpose endorsed on the licence pursuant to subsection (1) or endorse a further purpose or purposes on the licence;
(c)
vary or revoke a licence condition (including a condition to which the licence is subject by virtue of the regulations).
(8a)
Where the Registrar is considering taking action under subsection (8), he or she may require the holder of the licence—
(a)
to furnish such information as may be necessary or desirable to enable the Registrar to take that action; or
(b)
to verify, by statutory declaration, information already furnished to the Registrar.
Maximum penalty: $5 000.
(9)
An alteration under subsection (8) relating to a licence does not operate until the Registrar has given the holder of the licence (either personally or by registered post) notice in writing of the alteration or the licence has been appropriately endorsed.

Division 2Trafficking in firearms14Trafficking in firearms

(1)
Subject to this section, a person—
(a)
who—
(i)
acquires a firearm; or
(ii)
knowingly takes part in the acquisition of a firearm,
without being authorised to acquire the firearm by a permit under this Part (or under corresponding legislation in another State or Territory of the Commonwealth); or
(b)
who—
(i)
supplies a firearm; or
(ii)
knowingly takes part in the supply of a firearm,
to a person who is not authorised to acquire the firearm by a permit under this Part (or under corresponding legislation in another State or Territory of the Commonwealth),
is guilty of the offence of trafficking in firearms.
(2)
Subsection (1) does not apply to—
(a)
the acquisition of a firearm by a person in the ordinary course of carrying on business as a licensed dealer pursuant to the licence; or
(b)
the supply of a firearm to a person who acquires the firearm in the ordinary course of carrying on business as a licensed dealer pursuant to the licence.
(3)
It is a defence to prosecution for an offence against subsection (1) to prove that—
(a)
the acquisition or supply was in circumstances (prescribed by or under section 11) in which the person who acquired the firearm was not required to hold a licence authorising possession of the firearm; or
(b)
in the case of the acquisition of a firearm—the owner of the firearm carried on a business and the firearm was temporarily acquired for the purposes of the business from the owner by a person who was—
(i)
the holder of a licence authorising the possession and use of the firearm; and
(ii)
an employee, or in the case of a primary production business, a relative, of the owner; or
(c)
in the case of the supply of a firearm—the owner of the firearm carried on a business and the firearm was temporarily supplied for the purposes of the business by the owner to a person who was—
(i)
the holder of a licence authorising the possession and use of the firearm; and
(ii)
an employee, or in the case of a primary production business, a relative, of the owner; or
(d)
in the case of a class A or B firearm or, subject to subsection (4), a class H firearm, the acquisition or supply was pursuant to a written agreement between the owner of the firearm and the person who acquired the firearm that the person would only use the firearm for a purpose or purposes specified in the agreement and would return the firearm to the owner within 28 days; or
(e)
the acquisition or supply was in circumstances prescribed for the purposes of this subsection by regulation.
(4)
The defence under subsection (3)(d) is not available in the case of a class H firearm—
(a)
if—
(i)
the person who acquired the firearm was the holder of a shooting club member's licence; and
(ii)
the firearm—
(A)
is a self‑loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120 mm; or
(B)
is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100 mm; or
(C)
has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or
(D)
is of more than .38 calibre; or
(b)
if the person who acquired the firearm was the holder of a shooting club member's licence and had held the licence for less than 6 months; or
(c)
if—
(i)
the person who acquired the firearm was the holder of a shooting club member's licence and had held the licence for 6 months or more but less than 12 months; and
(ii)
acquisition of the firearm resulted in the person having possession of a class H firearm or class H firearms other than—
(A)
one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun; or
(B)
one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short); or
(C)
one .177 calibre air pistol and one centre fire handgun.
(5)
For the purposes of this section—
(a)
a person takes part in the acquisition of a firearm if—
(i)
the person takes, or participates in, any step, or causes any step to be taken, in the process of acquisition of the firearm; or
(ii)
the person provides or arranges finance for any step in that process; or
(iii)
the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management; and
(b)
a person takes part in the supply of a firearm if—
(i)
the person takes, or participates in, any step, or causes any step to be taken, in the process of supply of the firearm; or
(ii)
the person provides or arranges finance for any step in that process; or
(iii)
the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management.
(6)
Subject to this section, the maximum penalty for a first offence against this section that involves only 1 firearm is as follows:
(a)
if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;
(b)
if the firearm is a class C, D or H firearm—$50 000 or imprisonment for 10 years;
(c)
if the firearm is any other kind of firearm—$35 000 or imprisonment for 7 years.
(7)
Subject to this section, the maximum penalty for—
(a)
a first offence against this section that involves more than 1 firearm; or
(b)
a subsequent offence against this section,
is imprisonment for 20 years.
(8)
In determining whether an offence against this section is a first or subsequent offence for the purposes of subsection (6) or (7), a court must treat—
(a)
a previous offence against section 14 or 14A of this Act (as in force from time to time before the commencement of this section), or an offence against a corresponding previous enactment, substantially similar to the offence in subsection (1); and
(b)
a previous offence involving the unlawful acquisition or supply of a firearm against corresponding legislation in another State or Territory of the Commonwealth (whether committed before or after the commencement of this section),
as a previous offence.
(9)
A person who has not previously been found guilty of an offence against this section may, at the discretion of the prosecutor, be prosecuted for a summary offence against this section except where the offence involves a prescribed firearm, but on conviction of a summary offence against this section the maximum penalty is $10 000 or imprisonment for 2 years.

Division 2AAPermit for acquisition of firearm15Application for permit

(1)
An application for a permit authorising the acquisition of a firearm—
(a)
must be made to the Registrar in the prescribed manner and form; and
(b)
must contain the prescribed information.
(2)
The Registrar may require an applicant—
(a)
to furnish such further information as may be necessary to enable the Registrar to determine the application; or
(b)
to verify by statutory declaration information furnished in relation to the application.
(3)
Subject to subsections (4) and (4a) a permit authorising the acquisition of a firearm can only be granted—
(a)
after the expiration of 28 days after the application for the permit was made; and
(b)
if the applicant holds a firearms licence that authorises possession of the firearm.
(4)
The Registrar may grant a permit before the expiration of 28 days after the application for the permit was made if the Registrar is satisfied that it is safe to do so and that there are special reasons for doing so.
(4a)
If the applicant for a permit is the owner of a registered firearm of the same class as that to be acquired under the permit, the Registrar must grant the permit as soon as practicable after receiving the application.
(5)
A licence, to the extent that it authorises possession of a firearm for the purposes of employment by a person carrying on the business of guarding property is not sufficient for the purposes of subsection (3)(b) to justify the granting of a permit to acquire a firearm.
(8)
The period for which a permit remains in force must be set out in the permit.

15AReasons for refusal of permit

(1)
Subject to this section the Registrar may refuse an application for a permit to acquire a firearm of any class if he or she is satisfied that—
(a)
the firearm is particularly dangerous by reason of its design, construction or any other factor; or
(b)
the firearm can easily be converted to an automatic firearm; or
(c)
the firearm is, by reason of its size or any other factor, more readily concealed than other firearms of the same class and is for that, or any other reason, particularly suited to unlawful use; or
(d)
the applicant has in the past acquired a firearm that he or she has failed to produce to the Registrar for registration in accordance with this Act or has been guilty of any other offence against this Act.
(2)
Subject to this Act, where the application is for a permit to acquire a class B firearm and the application is properly made the Registrar may only refuse the application if—
(a)
the Registrar is of the opinion that the applicant does not have a genuine reason for acquiring the firearm; or
(b)
the Registrar is entitled to refuse the application under subsection (1).
(3)
The Registrar must refuse an application for a permit to acquire a class C firearm unless—
(a)
the following requirements are satisfied:
(i)
the applicant—
(A)
must carry on the business of primary production; or
(B)
must be an employee of a person who carries on the business of primary production and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; or

(C)
must be a relative of a person who carries on that business and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; and
(ii)
the Registrar must be satisfied that the applicant needs the firearm for the purposes of that business and that there is no satisfactory alternative to using a firearm of that class; and
(iii)
if the application is for a self-loading rifle—the applicant does not have possession of any other self-loading rifle; and
(iv)
if the application is for a self-loading shotgun—the applicant does not have possession of any other self-loading shotgun or a pump action shotgun; and
(v)
if the application is for a pump action shotgun—the applicant does not have possession of any other pump action shotgun or a self-loading shotgun; or
(b)
the following requirements are satisfied:
(i)
the applicant is a member of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and is also a member of a recognised firearms club affiliated with either of those associations; and
(ii)
the Registrar is satisfied that the applicant needs the firearm for the purpose of an activity of the club conducted in accordance with the rules of the Australian Clay Target Association Incorporated and in accordance with regulations under this Act; or
(c)
the Registrar could, in accordance with subsection (4), grant a permit to the applicant to acquire a class D firearm; or
(d)
requirements prescribed by regulation for the purposes of this paragraph are satisfied.
(4)
The Registrar must refuse an application for a permit to acquire a class D firearm unless—
(a)
he or she is satisfied that—
(i)
the applicant gains his or her livelihood wholly or partly from professional shooting; and
(ii)
the applicant needs the firearm to destroy animals in the course of professional shooting; or
(b)
requirements prescribed by regulation for the purposes of this paragraph are satisfied.
(4a)
Subject to this Act, where the application is for a permit to acquire a class H firearm and the application is properly made the Registrar may only refuse the application if—
(a)
the Registrar is of the opinion that the firearm is not genuinely required by the applicant for a purpose for which the applicant is authorised by a firearms licence to possess or use such a firearm; or
(b)
the Registrar is entitled to refuse the application under subsection (1), (4b) or (4c).
(4b)
Subject to the regulations, the Registrar may refuse an application for a permit to acquire a class H firearm for use as a member of a shooting club—
(a)
if the firearm—
(i)
is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or
(ii)
is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or
(iii)
has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or
(iv)
is of more than .38 calibre; or
(b)
if the applicant is the holder of a shooting club member's licence and has held the licence for less than six months; or
(c)
if—
(i)
the applicant is the holder of a shooting club member's licence and has held the licence for six months or more but less than 12 months; and
(ii)
acquisition of the firearm to which the application relates would result in the applicant having possession of a class H firearm or class H firearms other than—
(A)
one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun; or
(B)
one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short); or
(C)
one .177 calibre air pistol and one centre fire handgun.
(4c)
The Registrar may refuse an application for a permit to acquire a class H firearm for the purpose of collection and display if—
(a)
the firearm was manufactured after 1946; and
(b)
the Registrar is not satisfied that the applicant meets the requirements of the regulations as to the kind of collector who may be granted a permit to acquire class H firearms manufactured after that year.
(4d)
In determining whether an applicant meets the requirements of the regulations referred to in subsection (4c), the Registrar must have regard to any certificate lodged by the applicant that has been prepared and signed by an office holder of the collectors' club of which the applicant is a member (being an office holder nominated by the club for the purpose) stating that the applicant meets those requirements and setting out details in support of that statement.
(4e)
Subsections (4b) and (4c) do not apply in relation to muzzle-loading handguns or percussion cap and ball handguns.

Division 2ATransfer of possession of firearms15BTransfer of possession

(1)
The owner of a firearm may only transfer possession of the firearm to another person—
(a)
if he or she is selling, giving, lending or hiring the firearm to the other person and transfers possession in accordance with subsection (9); or
(b)
if the firearm is a class A, B or H firearm and is lent pursuant to a written or oral agreement between the owner and borrower that the borrower will only use the firearm for a purpose or purposes specified in the agreement and will return the firearm to the owner within 10 days; or
(c)
if the other person is a licensed dealer in firearms and possession is transferred—
(i)
to enable the dealer to repair, modify or test the firearm or to display the firearm on behalf of the owner for the purpose of sale; or
(ii)
to the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or
(d)
if the owner of the firearm carries on the business of primary production and possession of the firearm is transferred temporarily to an employee or relative of the owner for the purposes of that business; or
(e)
if the owner of the firearm carries on the business of guarding property and possession of the firearm is transferred temporarily to an employee of the owner for the purposes of that business; or
(f)
in circumstances (prescribed by or under section 11) in which the person acquiring possession is not required to hold a licence authorising the possession and use of the firearm; or
(g)
in circumstances authorised by regulation.
(2)
Subsections (1)(a) and (9) do not apply in relation to the sale of a firearm if the person selling or purchasing the firearm is a licensed dealer in firearms acting in the normal course of carrying on the business of dealing in firearms pursuant to his or her licence.
(3)
Subsections (1)(a) and (9) do not apply in relation to the hiring of a firearm that is owned and is hired to another person by a licensed dealer in firearms acting in the normal course of carrying on the business of dealing in firearms pursuant to his or her licence.
(4)
When—
(a)
selling, lending or hiring a firearm to another person on his or her own behalf; or
(b)
selling, giving, lending or hiring a firearm as agent for the owner of the firearm,
a licensed dealer in firearms may, subject to subsection (5), only transfer possession of the firearm to the person purchasing, borrowing or hiring the firearm or receiving it as a gift (or, where that person is a company, to a nominee of the company) and must not—
(c)
transfer possession of the firearm to another person on that person's behalf; or
(d)
consign the firearm to Australia Post or any other carrier for delivery to that person.
(5)
Subsection (4) does not apply in relation to the sale, lending or hiring of a firearm by a licensed dealer in firearms to another licensed dealer pursuant to his or her licence.
(5a)
A person must not transfer possession of a class H firearm to another person under subsection (1)(b)—
(a)
if—
(i)
the other person is the holder of a shooting club member's licence; and
(ii)
the firearm—
(A)
is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or
(B)
is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or
(C)
has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or
(D)
is of more than .38 calibre; or
(b)
if the other person is the holder of a shooting club member's licence and has held the licence for less than six months; or
(c)
if—
(i)
the other person is the holder of a shooting club member's licence and has held the licence for six months or more but less than 12 months; and
(ii)
transfer of the firearm would result in the other person having possession of a class H firearm or class H firearms other than—
(A)
one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun; or
(B)
one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short); or
(C)
one .177 calibre air pistol and one centre fire handgun.
(6)
A person must not transfer possession of a firearm under subsection (1)(b) unless—
(a)
immediately before transferring possession he or she has inspected the firearms licence held by the person who is to borrow the firearm and is satisfied that the borrower is authorised to possess the firearm and use it for the agreed purpose or purposes; and
(b)
he or she believes on reasonable grounds that the borrower will not use the firearm for any other purpose.
(7)
A person must not transfer possession of a firearm under subsection (1)(d) or (e) or under circumstances prescribed by regulation unless he or she is satisfied, on reasonable grounds, that the person to whom possession is transferred is authorised by a firearms licence to possess and use the firearm for the purpose or purposes for which the firearm is transferred.
(8)
A person who borrows a firearm under subsection (1)(b) must return it to the owner within 10 days.
(9)
When selling, giving, lending or hiring a firearm to another person, the owner, or former owner, of the firearm may only transfer possession of the firearm to the other person—
(a)
if—
(i)
the owner, or former owner, and the person acquiring possession are together in the presence of a prescribed person and the transfer is witnessed by the prescribed person; and
(ii)
the owner, or former owner, and the person acquiring possession, provide the prescribed person with the information, and produce the licences and permit necessary to enable the prescribed person to comply with his or her obligations under this Division; or
(b)
through the agency of a licensed dealer.
(10)
Where the owner or the person acquiring the firearm is a company, the requirements of subsection (9) are satisfied if a nominee of the company attends before a prescribed person on behalf of the company.
(11)
A person must not accept the transfer of possession of a firearm unless possession is transferred to him or her in accordance with this section.
(12)
A person to whom possession of a firearm is transferred under subsection (1) who is not the owner of the firearm must not (unless authorised by or under this Act) transfer possession of the firearm to any other person except the owner of the firearm.
(13)
A person who contravenes or fails to comply with a provision of this section is guilty of an offence.
Maximum penalty:
Where the offence is committed in relation to a prescribed firearm or a class C, D or H firearm—$10 000 or imprisonment for two years.
Where the offence is committed in relation to any other kind of firearm—$5 000 or imprisonment for one year.
(14)
In this section—
prescribed person means—
(a)
a police officer; or
(b)
a licensed dealer in firearms; or
(c)
a responsible officer of a recognised firearms club authorised by the Registrar to witness the transfer of possession of a firearm under this Division; or
(d)
a Public Service employee authorised by the Registrar to witness the transfer of possession of a firearm under this Division.

15CObligations of prescribed person

(1)
A prescribed person who witnesses the transfer of possession of a firearm for the purposes of this Division must—
(a)
satisfy himself or herself by inspecting the relevant permit and licence that the person acquiring the firearm is entitled to acquire and possess it; and
(b)
record—
(i)
the name and address of the person transferring and the person acquiring the firearm and the number of each of their firearms licences; and
(ii)
the class, make, calibre and serial number or other identification of the firearm; and
(iii)
where the firearm is lent or hired—the duration and the terms of the loan or hire; and
(iv)
such other information as is prescribed by regulation; and
(c)
provide the Registrar with the information recorded under paragraph (b) within one month after possession of the firearm is transferred.
(2)
If a prescribed person is unable to comply with subsection (1) because a person refuses or fails to produce a licence or permit for inspection or to provide information required by subsection (1)(b), the prescribed person must prepare and submit a report to the Registrar setting out such information as the Registrar requires in relation to the matter.
(3)
A prescribed person may refuse to witness the transfer of possession of a firearm as required by this Division if he or she is not first paid the fee prescribed by regulation.
(4)
A licensed dealer in firearms or a responsible officer of a recognised firearms club authorised by the Registrar to witness the transfer of possession of a firearm for the purposes of this Division who contravenes or fails to comply with a requirement of this section is guilty of an offence.
Maximum penalty: $5 000.
(5)
In this section—
prescribed person has the same meaning as in section 15B.

15DWhat constitutes possession of a firearm

(1)
For the purposes of this Division, the owner, or a person to whom the owner has transferred possession, of a firearm has possession of the firearm (and therefore has not transferred possession for the purposes of this Division) while it is in his or her physical possession or is under his or her control.
(2)
Without limiting subsection (1), a firearm will be taken to be in the physical possession or under the control of the owner or a person to whom the owner has transferred possession—
(a)
while he or she is handling the firearm or the firearm is under his or her control; or
(b)
while the firearm is—
(i)
on premises at which the owner or other person usually resides or premises at which the owner or other person is for the time being residing; or
(ii)
in a vehicle, vessel or aircraft in which the owner or other person is for the time being travelling or residing; or
(c)
where the firearm is used by the owner or other person in the course of carrying on a business—while the firearm is on premises at which that business is carried on; or
(d)
while the firearm is in the physical possession or under the control of an employee of the owner of the firearm or other person in the course of that employment; or
(e)
while the firearm is in the possession of a person on behalf of the owner or other person in the normal course of the firstmentioned person carrying on the business of carrying or storing goods; or
(f)
in any other circumstances prescribed by regulation.

Division 3Dealing in firearms and ammunition16Requirement for dealer's licence

A person who carries on the business of dealing in firearms or ammunition or both in this State without holding a dealer's licence granted under this Act authorising the carrying on of that business is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for two years.

17Dealer's licence

(1)
An application for a dealer's licence—
(a)
must be made to the Registrar in the prescribed manner and form; and
(b)
must contain the prescribed information; and
(c)
must be accompanied by any certificates, declarations, references, reports or other documents required by the regulations or by the Registrar; and
(d)
must be accompanied by the prescribed fee.
(2)
The Registrar may require an applicant—
(a)
to furnish such further information as may be necessary to enable the Registrar to determine the application; or
(b)
to verify by statutory declaration information furnished in relation to the application.
(3)
Subject to this section, where an application for a dealer's licence is properly made, the Registrar may only refuse the application if—
(a)
the Registrar is not satisfied that—
(i)
the applicant is a fit and proper person to hold such a licence; or
(ia)
a close associate of the applicant is a fit and proper person to be a close associate of the holder of such a licence; or
(ib)
the applicant is to be the person primarily responsible for the management of the business intended to be carried on under such a licence; or
(ii)
the premises at which the applicant intends carrying on the business of dealing in firearms or ammunition is appropriate for that purpose; or
(b)
the applicant is not usually resident in this State.
(3a)
A dealer's licence does not authorise dealing in class C or D firearms unless it is endorsed to that effect.
(4)
A dealer's licence is subject to—
(a)
a condition that the licensee must not deal in prescribed firearms; and
(b)
any conditions prescribed by the regulations; and
(c)
any conditions imposed by the Registrar.
(4a)
The Registrar may impose licence conditions pursuant to subsection (4) on the grant or renewal of the licence or at any time during the term of the licence.
(4b)
A licence condition imposed pursuant to subsection (4)(c) during the term of the licence does not operate until the Registrar has given the holder of the licence (either personally or by registered post) notice in writing of the condition.
(4c)
The Registrar may, on his or her own initiative or on the application of the holder of a dealer's licence, vary or revoke a licence condition.
(4d)
A variation or revocation of a licence condition under subsection (4c) does not operate until the Registrar has given the holder of the licence (either personally or by registered post) notice in writing of the variation or revocation.
(5)
A dealer's licence that authorises dealing in ammunition but not firearms must be endorsed to that effect.
(6)
A dealer's licence cannot be granted to a person under the age of 18.

18Records

A dealer who—
(a)
fails to keep prescribed records in relation to the firearms or ammunition in which the dealer deals; or
(b)
fails to submit prescribed returns to the Registrar in accordance with the regulations,
is guilty of an offence.
Maximum penalty: $5 000.

Division 4Licences19Term and renewal of licence

(1)
Subject to this Act a firearms licence remains in force—
(a)
in the case of a licence that authorises the possession or use of prescribed firearms or class D or H firearms—for a term not exceeding one year;
(b)
in the case of a licence that only authorises the possession or use of Class A, B or C firearms—for a term not exceeding five years.
(1a)
Subject to this Act a dealer's licence remains in force for a term not exceeding five years.
(2)
A licence may be renewed from time to time.
(3)
An application for renewal of a licence—
(a)
must be made to the Registrar in the prescribed manner and form; and
(b)
must contain the prescribed information; and
(c)
must be accompanied by any certificates, declarations, references, reports or other documents required by the regulations or by the Registrar; and
(d)
must be accompanied by the prescribed fee.
(4)
The Registrar may require an applicant for renewal of a licence—
(a)
to furnish such further information as may be necessary to enable the Registrar to determine the application; or
(b)
to verify by statutory declaration information furnished in relation to the application.
(5)
The provisions of this Part that apply in relation to the determination of an application for a new licence apply in relation to the determination of an application for renewal of the licence.

19ALicences to include photographs

(1)
All licences granted, renewed varied or replaced under this Act must include a photograph of the holder of the licence.
(2)
The Registrar may require the applicant for the grant or renewal of a licence or the holder of a licence that is to be varied or replaced—

The Firearms Act 1977 repealed the following:

Firearms Act 1958
Pistol Licence Act 1929
Pistol Licence Act Amendment Act 1965
Pistol Licence Act Amendment Act 1971
Pistol Licence Act Amendment Act (No. 2) 1971

Legislation amended by principal Act

The Firearms Act 1977 amended the following:

Statute Law Revision Act 1975
Statute Law Revision Act (No. 2) 1975

Principal Act and amendments

Year	No	Title	Assent	Commencement
1977	26	Firearms Act 1977	12.5.1977	1.1.1980 (including ss 11 & 13) (Gazette 6.12.1979 p1896)
1986	60	Firearms Act Amendment Act 1986	23.10.1986	23.10.1986 (Gazette 23.10.1986 p1412)
1988	87	Firearms Act Amendment Act 1988	1.12.1988	1.9.1993 (Gazette 24.6.1993 p2047)
1993	13	Firearms (Miscellaneous) Amendment Act 1993	25.3.1993	1.9.1993: s 2
1996	70	Firearms (Miscellaneous) Amendment Act 1996	22.8.1996	9.9.1996 (Gazette 5.9.1996 p1058)
1996	(208)	Regulations varying the Firearms Regulations 1993 (Gazette 5.9.1996 p1077)	—	9.9.1996: r 2
1997	30	Statutes Amendment (References to Banks) Act 1997	12.6.1997	Pt 8 (s 10)—3.7.1997 (Gazette 3.7.1997 p4)
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 24)—1.7.1999: being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No.1) 1999 of the Commonwealth as the transfer date for the purposes of that Act
2003	37	Firearms (COAG Agreement) Amendment Act 2003	29.9.2003	1.10.2003: s 2
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 36 (s 104)—1.6.2007 (Gazette 26.4.2007 p1352)
2008	15	Firearms (Firearms Prohibition Orders) Amendment Act 2008	12.6.2008	Pt 2 (ss 4—38) & Sch 2 (cll 1—10)—27.11.2008 (Gazette 27.11.2008 p5277)
2009	85	Intervention Orders (Prevention of Abuse) Act 2009	10.12.2009	Sch 1 (cl 15 & 16)—9.12.2011 (Gazette 20.10.2011 p4269)
2012	19	Statutes Amendment (Criminal Intelligence) Act 2012	24.5.2012	Pt 3 (ss 6 & 7)—12.7.2012 (Gazette 12.7.2012 p3110)
2013	92	Firearms (Miscellaneous) Amendment Act 2013	5.12.2013	7.2.2014 (Gazette 30.1.2014 p422)

Provisions amended

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Long title	amended by 87/1988 s 3	1.9.1993
amended by 13/1993 Sch	1.9.1993
Pt 1
ss 2, 3 and 4	deleted by 87/1988 s 19 (Sch)	1.9.1993
s 5
s 5(1)
to acquire	inserted by 37/2003 s 4(1)	1.10.2003
active member	inserted by 37/2003 s 4(1)	1.10.2003
air gun	inserted by 13/1993 s 3(a)	1.9.1993
amended by 70/1996 s 3(a)	9.9.1996
air rifle	inserted by 13/1993 s 3(a)	1.9.1993
ammunition	inserted by 87/1988 s 4(a)	1.9.1993
amended by 13/1993 s 3(b)	1.9.1993
antique firearm	inserted by 37/2003 s 4(2)	1.10.2003
automatic firearm	inserted by 87/1988 s 4(a)	1.9.1993
capacity of a magazine	inserted by 15/2008 s 4(1)	27.11.2008
carry on a business	inserted by 15/2008 s 4(1)	27.11.2008
class A firearms	inserted by 70/1996 s 3(b)	9.9.1996
amended by 37/2003 s 4(3)	1.10.2003
class B firearms	inserted by 70/1996 s 3(b)	9.9.1996
amended by 37/2003 s 4(4)	1.10.2003
amended by 208/1996 r 8	9.9.1996
class C firearms	inserted by 70/1996 s 3(b)	9.9.1996
amended by 37/2003 s 4(5)	1.10.2003
class D firearms	inserted by 70/1996 s 3(b)	9.9.1996
amended by 37/2003 s 4(6)	1.10.2003
class H firearms	inserted by 70/1996 s 3(b)	9.9.1996
close associate	inserted by 15/2008 s 4(2)	27.11.2008
collectors' club	inserted by 37/2003 s 4(7)	1.10.2003
collector's licence	inserted by 70/1996 s 3(b)	9.9.1996
commercial range operator	inserted by 70/1996 s 3(b)	9.9.1996
the consultative committee or the committee	deleted by 15/2008 s 4(3)	27.11.2008
criminal intelligence	inserted by 37/2003 s 4(8)	1.10.2003
amended by 19/2012 s 6	12.7.2012
dangerous firearm	deleted by 70/1996 s 3(c)	9.9.1996
dealer	amended by 87/1988 s. 4(b), (c)	1.9.1993
amended by 37/2003 s 4(9), (10)	1.10.2003
District Court	inserted by 15/2008 s 4(4)	27.11.2008
domestic partner	inserted by 43/2006 s 104(1)	1.6.2007
firearm	amended by 87/1988 s 4(d)	1.9.1993
(b) deleted by 87/1988 s 4(d)	1.9.1993
amended by 37/2003 s 4(11), (12)	1.10.2003
firearm part	inserted by 37/2003 s 4(13)	1.10.2003
firearms club	inserted by 87/1988 s 4(e)	1.9.1993
firearms licence	substituted by 70/1996 s 3(d)	9.9.1996
firearms permit	inserted by 70/1996 s 3(d)	9.9.1996
firearms prohibition order	inserted by 15/2008 s 4(5)	27.11.2008
Firearms Review Committee or committee	inserted by 15/2008 s 4(5)	27.11.2008
firing mechanism	inserted by 70/1996 s 3(d)	9.9.1996
fit and proper person	inserted by 15/2008 s 4(6)	27.11.2008
to give	inserted by 70/1996 s 3(d)	9.9.1996
grounds of a recognised firearms club	inserted by 15/2008 s 4(7)	27.11.2008
grounds of a recognised paint-ball operator	inserted by 15/2008 s 4(7)	27.11.2008
handgun	inserted by 70/1996 s 3(d)	9.9.1996
amended by 37/2003 s 4(14)	1.10.2003
interim firearms prohibition order	inserted by 15/2008 s 4(8)	27.11.2008
licence	inserted by 60/1986 s 3(a)	23.10.1986
substituted by 87/1988 s 4(f)	1.9.1993
licence year	inserted by 37/2003 s 4(15)	1.10.2003
licensed dealer	inserted by 70/1996 s 3(e)	9.9.1996
loading mechanism	inserted by 70/1996 s 3(e)	9.9.1996
owner	substituted by 70/1996 s 3(f)	9.9.1996
paint-ball firearm	inserted by 13/1993 s 3(c)	1.9.1993
paint-ball operator	inserted by 13/1993 s 3(c)	1.9.1993
possession of a firearm	inserted by 15/2008 s 4(9)	27.11.2008
pistol	inserted by 13/1993 s 3(c)	1.9.1993
deleted by 70/1996 s 3(g)	9.9.1996
prescribed firearm	inserted by 70/1996 s 3(g)	9.9.1996
prohibited firearm accessory	inserted by 92/2013 s 4(1)	7.2.2014
pump action shotgun	inserted by 70/1996 s 3(g)	9.9.1996
to purchase	inserted by 87/1988 s 4(g)	1.9.1993
receiver	inserted by 70/1996 s 3(h)	9.9.1996
amended by 15/2008 s 4(10)	27.11.2008
recognised commercial range operator	inserted by 70/1996 s 3(h)	9.9.1996
recognised firearms club	inserted by 87/1988 s 4(h)	1.9.1993
recognised paint-ball operator	inserted by 13/1993 s 3(d)	1.9.1993
recognised rifle, pistol or gun club	deleted by 87/1988 s 4(h)	1.9.1993
relative	inserted by 70/1996 s 3(i)	9.9.1996
amended by 43/2006 s 104(2)	1.6.2007
restricted firearm	inserted by 13/1993 s 3(e)	1.9.1993
deleted by 70/1996 s 3(j)	9.9.1996
the repealed Firearms Act	deleted by 87/1988 s 19 (Sch)	1.9.1993
the repealed Pistol Licence Act	deleted by 87/1988 s 4(i)	1.9.1993
rifle	inserted by 37/2003 s 4(16)	1.10.2003
round	inserted by 70/1996 s 3(j)	9.9.1996
self-loading firearm	inserted by 87/1988 s 4(i)	1.9.1993
amended by 13/1993 s 3(f)	1.9.1993
substituted by 70/1996 s 3(k)	9.9.1996
to sell	inserted by 87/1988 s 4(i)	1.9.1993
shooting club	inserted by 37/2003 s 4(17)	1.10.2003
shooting club member's licence	inserted by 37/2003 s 4(17)	1.10.2003
shooting gallery	inserted by 70/1996 s 3(l)	9.9.1996
shotgun	inserted by 37/2003 s 4(18)	1.10.2003
silencer	substituted by 87/1988 s 4(j)	1.9.1993
amended by 13/1993 s 3(g)	1.9.1993
substituted by 92/2013 s 4(2)	7.2.2014
special firearms permit	inserted by 60/1986 s 3(b)	23.10.1986
substituted by 87/1988 s 4(k)	1.9.1993
deleted by 13/1993 s 3(h)	1.9.1993
spouse	inserted by 70/1996 3(m)	9.9.1996
substituted by 43/2007 s 104(3)	1.6.2007
to supply	inserted by 37/2003 s 4(19)	1.10.2003
s 5(1a)	inserted by 15/2008 s 4(11)	27.11.2008
s 5(2)	amended by 87/1988 s 19 (Sch)	1.9.1993
substituted by 70/1996 s 3(n)	9.9.1996
s 5(3)	inserted by 87/1988 s 4(l)	1.9.1993
amended by 70/1996 s 3(o)	9.9.1996
amended by 37/2003 s 4(20)—(22)	1.10.2003
s 5(4)	inserted by 87/1988 s 4(l)	1.9.1993
s 5(5)	inserted by 87/1988 s 4(l)	1.9.1993
amended by 70/1996 s 3(p)	9.9.1996
s 5(6)	inserted by 87/1988 s 4(l)	1.9.1993
amended by 13/1993 s 3(i)	1.9.1993
s 5(7) and (8)	inserted by 13/1993 s 3(j)	1.9.1993
s 5(9) and (10)	inserted by 70/1996 s 3(q)	9.9.1996
s 5(11)	inserted by 70/1996 s 3(q)	9.9.1996
amended by 15/2008 s 4(12), (13)	27.11.2008
amended by 85/2009 Sch 1 cl 15	9.12.2011
s 5(12)	inserted by 70/1996 s 3(q)	9.9.1996
s 5(13)—(15)	inserted by 15/2008 s 4(14)	27.11.2008
s 5A	inserted by 13/1993 s 4	1.9.1993
amended by 70/1996 s 4	9.9.1996
Pt 2 Div 1
s 6
s 6(1)—(3)	amended by 13/1993 Sch	1.9.1993
s 6(4)	inserted by 37/2003 s 5	1.10.2003
ss 6A and 6B	inserted by 15/2008 s 5	27.11.2008
Pt 2 Div 2
heading	substituted by 15/2008 s 6	27.11.2008
s 7
s 7(1)	substituted by 13/1993 Sch	1.9.1993
amended by 15/2008 s 7(1)	27.11.2008
s 7(2)	amended by 13/1993 Sch	1.9.1993
amended by 70/1996 s 5(a), (b)	9.9.1996
amended by 15/2008 s 7(2)	27.11.2008
s 7(2a)	inserted by 70/1996 s 5(c)	9.9.1996
s 7(3)	substituted by 15/2008 s 7(3)	27.11.2008
s 7(4)	amended by 13/1993 Sch	1.9.1993
s 8
s 8(1)	amended by 13/1993 Sch	1.9.1993
amended by 70/1996 s 6(a)	9.9.1996
amended by 15/2008 s 8	27.11.2008
s 8(2)	amended by 13/1993 Sch	1.9.1993
substituted by 70/1996 s 6(b)	9.9.1996
s 8(3)	inserted by 70/1996 s 6(b)	9.9.1996
s 9	substituted by 87/1988 s 19 (Sch)	1.9.1993
amended by 15/2008 s 9	27.11.2008
s 10
s 10(1)	amended by 13/1993 Sch	1.9.1993
amended by 15/2008 s 10	27.11.2008
s 10(2)	amended by 15/2008 s 10	27.11.2008
s 10(3)	inserted by 37/2003 s 6	1.10.2003
amended by 15/2008 s 10	27.11.2008
Pt 2A	inserted by 15/2008 s 11	27.11.2008
s 10B
s 10B(3a)	inserted by 92/2013 s 5	7.2.2014
Pt 3 before substitution by 87/1988	amended by 60/1986 ss 4—6	23.10.1986
Pt 3	substituted by 87/1988 s 5	1.9.1993
heading	substituted by 92/2013 s 6	7.2.2014
Pt 3 Div 1
s 11
s 11(4)	amended by 13/1993 s 5	1.9.1993
amended by 70/1996 s 7(a), (b)	9.9.1996
amended by 37/2003 s 7(1)	1.10.2003
s 11(4a) and (4b)	inserted by 70/1996 s 7(c)	9.9.1996
s 11(5)	amended by 70/1996 s 7(d)	9.9.1996
s 11(6)	inserted by 70/1996 s 7(e)	9.9.1996
s 11(7)	inserted by 70/1996 s 7(e)	9.9.1996
amended by 37/2003 s 7(2)—(4)	1.10.2003
amended by 15/2008 s 12(1)	27.11.2008
s 11(7a)	inserted by 15/2008 s 12(2)	27.11.2008
s 11(7b)	inserted by 15/2008 s 12(2)	27.11.2008
substituted by 92/2013 s 7(1)	7.2.2014
s 11(7c)	inserted by 15/2008 s 12(2)	27.11.2008
deleted by 92/2013 s 7(2)	7.2.2014
s 11(7d)	inserted by 15/2008 s 12(2)	27.11.2008
s 11(8)	inserted by 37/2003 s 7(5)	1.10.2003
amended by 15/2008 s 12(3), (4)	27.11.2008
s 12
s 12(1)	(d) deleted by 70/1996 s 8(a)	9.9.1996
s 12(3)	substituted by 13/1993 s 6(a)	1.9.1993
substituted by 70/1996 s 8(b)	9.9.1996
s 12(4)	substituted by 70/1996 s 8(b)	9.9.1996
s 12(4a)	inserted by 70/1996 s 8(b)	9.9.1996
s 12(5)	substituted by 13/1993 s 6(b)	1.9.1993
amended by 70/1996 s 8(c)	9.9.1996
amended by 30/1997 s 10	3.7.1997
amended by 33/1999 Sch (item 24)	1.7.1999
s 12(5a)	inserted by 13/1993 s 6(b)	1.9.1993
s 12(6)	amended by 70/1996 s 8(d)	9.9.1996
(b) deleted by 15/2008 s 13	27.11.2008
s 12(7)	amended by 13/1993 s 6(c)	1.9.1993
amended by 70/1996 s 8(e)	9.9.1996
s 12(7a)—(7d)	inserted by 37/2003 s 8(1)	1.10.2003
s 12(8)—(11)	inserted by 70/1996 s 8(f)	9.9.1996
s 13
s 13(2a)	inserted by 70/1996 s 9(a)	9.9.1996
s 13(3)	amended by 70/1996 s 9(b)	9.9.1996
s 13(3a)	inserted by 70/1996 s 9(c)	9.9.1996
s 13(4)	amended by 15/2008 s 14(1)	27.11.2008
(c) deleted by 15/2008 s 14(2)	27.11.2008
s 13(6)	amended by 70/1996 s 9(d)	9.9.1996
amended by 15/2008 Sch 2 cl 1	27.11.2008
s 13(7)	deleted by 13/1993 s 7(a)	1.9.1993
s 13(8)	amended by 13/1993 s 7(b), (c)	1.9.1993
s 13(8a)	inserted by 70/1996 s 9(e)	9.9.1996
s 13(9)	inserted by 13/1993 s 7(d)	1.9.1993
amended by 15/2008 s 14(3)	27.11.2008
Pt 3 Div 2
heading	substituted by 70/1996 s 10	9.9.1996
substituted by 92/2013 s 8	7.2.2014
s 14 before substitution by 92/2013	amended by 13/1993 s 8	1.9.1993
substituted by 70/1996 s 11	9.9.1996
substituted by 37/2003 s 9	1.10.2003
s 14(7)	amended by 15/2008 s 15	27.11.2008
s 14	substituted by 92/2013 s 9	7.2.2014
s 14A before deletion by 92/2013	inserted by 37/2003 s 9	1.10.2003
s 14A(7)	amended by 15/2008 s 16	27.11.2008
s 14A	deleted by 92/2013 s 9	7.2.2014
Pt 3 Div 2AA
heading	inserted by 92/2013 s 10	7.2.2014
s 15
s 15(1)	amended by 13/1993 s 9(a)	1.9.1993
amended by 70/1996 s 12(a)	9.9.1996
s 15(3)	amended by 13/1993 s 9(b)	1.9.1993
substituted by 70/1996 s 12(b)	9.9.1996
amended by 15/2008 s 17(1)	27.11.2008
s 15(4)	substituted by 70/1996 s 12(b)	9.9.1996
s 15(4a)	inserted by 13/1993 s 9(c)	1.9.1993
deleted by 70/1996 s 12(b)	9.9.1996
inserted by 15/2008 s 17(2)	27.11.2008
s 15(5)	amended by 13/1993 s 9(d)	1.9.1993
substituted by 70/1996 s 12(b)	9.9.1996
s 15(6) and (7)	deleted by 70/1996 s 12(b)	9.9.1996
s 15A	inserted by 70/1996 s 13	9.9.1996
s 15A(2)	amended by 37/2003 s 10(1)	1.10.2003
s 15A(4a)—(4e)	inserted by 37/2003 s 10(2)	1.10.2003
s 15A(5) and (6)	deleted by 15/2008 s 18	27.11.2008
Pt 3 Div 2A	inserted by 70/1996 s 14	9.9.1996
s 15B
s 15B(5a)	inserted by 37/2003 s 11	1.10.2003
s 15B(9)	amended by 15/2008 s 19(1)—(3)	27.11.2008
s 15B(10)	amended by 15/2008 s 19(4)	27.11.2008
s 15B(14)	inserted by 15/2008 s 19(5)	27.11.2008
s 15C
s 15C(1)	amended by 15/2008 s 20(1)	27.11.2008
s 15C(2)	amended by 15/2008 s 20(2), (3)	27.11.2008
s 15C(3)	amended by 15/2008 s 20(4)	27.11.2008
s 15C(4)	amended by 15/2008 s 20(5)	27.11.2008
s 15C(5)	inserted by 15/2008 s 20(6)	27.11.2008
Pt 3 Div 3
s 16	substituted by 70/1996 s 15	9.9.1996
s 17
s 17(3)	amended by 70/1996 s 16(a)	9.9.1996
amended by 15/2008 s 21(1), (2)	27.11.2008
s 17(3a)	inserted by 70/1996 s 16(b)	9.9.1996
amended by 37/2003 s 12	1.10.2003
s 17(4)	substituted by 13/1993 s 10	1.9.1993
amended by 70/1996 s 16(c)	9.9.1996
amended by 15/2008 s 21(3)	27.11.2008
(d) deleted by 15/2008 s 21(4)	27.11.2008
s 17(4a)	inserted by 13/1993 s 10	1.9.1993
s 17(4b)	inserted by 13/1993 s 10	1.9.1993
amended by 15/2008 s 21(5)	27.11.2008
s 17(4c)	inserted by 13/1993 s 10	1.9.1993
s 17(4d)	inserted by 13/1993 s 10	1.9.1993
amended by 15/2008 s 21(6)	27.11.2008
s 17(4e)	inserted by 13/1993 s 10	1.9.1993
deleted by 15/2008 s 21(7)	27.11.2008
s 18	amended by 70/1996 s 17	9.9.1996
Pt 3 Div 4
s 19
s 19(1)	substituted by 70/1996 s 18	9.9.1996
s 19(1a)	inserted by 70/1996 s 18	9.9.1996
s 19A	inserted by 70/1996 s 19	9.9.1996
s 20
s 20(1)	s 20 amended and redesignated as s 20(1) by 13/1993 s 11	1.9.1993
amended by 15/2008 s 22(1)—(4)	27.11.2008
s 20(1a)	inserted by 70/1996 s 20(a)	9.9.1996
amended by 15/2008 s 22(5)	27.11.2008
s 20(1b)	inserted by 70/1996 s 20(a)	9.9.1996
substituted by 15/2008 s 22(6)	27.11.2008
s 20(2)	inserted by 13/1993 s 11(b)	1.9.1993
amended by 15/2008 s 22(7)—(9)	27.11.2008
s 20(3)	inserted by 13/1993 s 11(b)	1.9.1993
substituted by 70/1996 s 20(b)	9.9.1996
s 20(3a) and (3b)	inserted by 37/2003 s 13	1.10.2003
s 20(4)	inserted by 13/1993 s 11(b)	1.9.1993
s 20(5)—(7)	inserted by 70/1996 s 20(c)	9.9.1996
s 20A	inserted by 13/1993 s 12	1.9.1993
substituted by 70/1996 s 21	9.9.1996
deleted by 15/2008 s 23	27.11.2008
s 21	amended by 70/1996 s 22	9.9.1996
s 21A	amended by 70/1996 s 23	9.9.1996
s 21AB	inserted by 13/1993 s 13	1.9.1993
s 21AB(3)	inserted by 70/1996 s 24	9.9.1996
Pt 3 Div 5
s 21B
s 21B(1)	amended by 70/1996 s 25(a)	9.9.1996
s 21B(2a)	inserted by 70/1996 s 25(b)	9.9.1996
s 21B(5)	amended by 70/1996 s 25(c)	9.9.1996
s 21B(6)	amended by 13/1993 s 14	1.9.1993
s 21B(7)	substituted by 70/1996 s 25(d)	9.9.1996
s 21B(8)	inserted by 70/1996 s 25(d)	9.9.1996
s 21BA	inserted by 70/1996 s 26	9.9.1996
s 21BA(1)	amended by 15/2008 s 24(1), Sch 2 cl 2	27.11.2008
s 21BA(2)	amended by 15/2008 s 24(2), Sch 2 cl 2	27.11.2008
s 21BB	inserted by 70/1996 s 26	9.9.1996
Pt 3 Div 6 before substitution by 15/2008
s 21C	deleted by 70/1996 s 27	9.9.1996
s 21D
s 21D(1)	amended by 13/1993 s 15	1.9.1993
amended by 70/1996 s 28	9.9.1996
amended by 37/2003 s 14	1.10.2003
s 21E	inserted by 37/2003 s 15	1.10.2003
Pt 3 Div 6	substituted by 15/2008 s 25	27.11.2008
s 21C	s 26A inserted by 87/1988 s 9	1.9.1993
s 26A redesignated as s 21C by 15/2008 s 28	27.11.2008
s 21D	s 26B inserted by 13/1993 s 19	1.9.1993
s 26B redesignated as s 21D by 15/2008 s 28	27.11.2008
s 21E	s 26BA inserted by 70/1996 s 35	9.9.1996
s 26BA redesignated as s 21E by 15/2008 s 28	27.11.2008
s 21F	s 26C inserted by 13/1993 s 19	1.9.1993
s 26C redesignated as s 21F by 15/2008 s 28	27.11.2008
s 21F(8)	s 26C(8) amended by 70/1996 s 36	9.9.1996
s 26C(8) redesignated as s 21F(8) by 15/2008 s 28	27.11.2008
s 21G	s 26D inserted by 70/1996 s 37	9.9.1996
s 26D redesignated as s 21G by 15/2008 s 28	27.11.2008
Pt 4
s 22	amended by 60/1986 s 7	23.10.1986
amended by 87/1988 s 6	1.9.1993
amended by 13/1993 s 16, Sch	1.9.1993
amended by 70/1996 s 29	9.9.1996
amended by 37/2003 s 16	1.10.2003
s 23
s 23(1) and (2)	amended by 13/1993 Sch	1.9.1993
s 23(3) and (4)	inserted by 13/1993 s 17	1.9.1993
s 23(5)	inserted by 70/1996 s 30	9.9.1996
s 24
s 24(2)	amended by 13/1993 Sch	1.9.1993
deleted by 70/1996 s 31	9.9.1996
inserted by 37/2003 s 17	1.10.2003
s 24(3)	inserted by 13/1993 s 18	1.9.1993
s 24A	inserted by 70/1996 s 32	9.9.1996
s 24A(5)	amended by 15/2008 Sch 2 cl 3	27.11.2008
s 24A(7)	substituted by 15/2008 s 26	27.11.2008
s 24B	inserted by 37/2003 s 18	1.10.2003
s 24B(1)	amended by 15/2008 Sch 2 cl 4	27.11.2008
s 25
s 25(1)	amended by 13/1993 Sch	1.9.1993
(a) deleted by 70/1996 s 33(a)	9.9.1996
s 25(1a)	inserted by 70/1996 s 33(b)	9.9.1996
s 25(2)	substituted by 87/1988 s 19 (Sch)	1.9.1993
amended by 70/1996 s 33(c)	9.9.1996
s 25(3)	inserted by 87/1988 s 7	1.9.1993
deleted by 37/2003 s 19	1.10.2003
s 25(4)	inserted by 87/1988 s 7	1.9.1993
amended by 70/1996 s 33(d)	9.9.1996
deleted by 37/2003 s 19	1.10.2003
s 26	substituted by 87/1988 s 8	1.9.1993
amended by 70/1996 s 34	9.9.1996
Pt 4A	inserted by 15/2008 s 27	27.11.2008
s 26C
s 26C(5)	substituted by 19/2012 s 7	12.7.2012
s 26C(6)—(10)	deleted by 19/2012 s 7	12.7.2012
Pt 5
s 26A—see s 21C
s 26B—see s 21D
s 26BA—see s 21E
s 26C—see s 21F
s 26D—see s 21G
s 27 before substitution by 15/2008
s 27(1) and (2)	amended by 13/1993 Sch	1.9.1993
s 27	substituted by 15/2008 s 29	27.11.2008
s 27(1)	amended by 92/2013 s 11(1)	7.2.2014
s 27(4)	amended by 92/2013 s 11(2)	7.2.2014
s 27(5)	substituted by 92/2013 s 11(3)	7.2.2014
ss 27AA and 27AAB	inserted by 92/2013 s 12	7.2.2014
ss 27A and 27B	inserted by 15/2008 s 29	27.11.2008
s 28
s 28(1)	amended by 13/1993 Sch	1.9.1993
substituted by 70/1996 s 38(a)	9.9.1996
s 28(2)	amended by 13/1993 Sch

1.9.1993
amended by 70/1996 s 38(b)	9.9.1996
s 29	substituted by 60/1986 s 8	23.10.1986
amended by 13/1993 s 20	1.9.1993
substituted by 70/1996 s 39	9.9.1996
s 29A	inserted by 70/1996 s 39	9.9.1996
s 29A(1) and (2)	substituted by 92/2013 s 13	7.2.2014
s 29A(2a)—(2d)	inserted by 92/2013 s 13	7.2.2014
s 29B	inserted by 70/1996 s 39	9.9.1996
deleted by 37/2003 s 20	1.10.2003
s 29B	inserted by 92/2013 s 14	7.2.2014
s 29C	inserted by 70/1996 s 39	9.9.1996
s 30
s 30(1)	substituted by 87/1988 s 10	1.9.1993
substituted by 15/2008 s 30(1)	27.11.2008
s 30(1aa)	inserted by 15/2008 s 30(1)	27.11.2008
s 30(1a)	inserted by 70/1996 s 40(a)	9.9.1996
amended by 15/2008 Sch 2 cl 5	27.11.2008
s 30(2)	amended by 13/1993 Sch	1.9.1993
amended by 70/1996 s 40(b)	9.9.1996
amended by 15/2008 Sch 2 cl 5	27.11.2008
s 30(3)	amended by 13/1993 Sch	1.9.1993
substituted by 70/1996 s 40(c)	9.9.1996
amended by 15/2008 s 30(2), Sch 2 cl 5	27.11.2008
s 30(4)	inserted by 70/1996 s 40(c)	9.9.1996
amended by 15/2008 Sch 2 cl 5	27.11.2008
s 31
s 31(1)	substituted by 87/1988 s 11(a)	1.9.1993
amended by 70/1996 s 41(a)—(c)	9.9.1996
amended by 15/2008 Sch 2 cl 6	27.11.2008
s 31(2)	amended by 87/1988 s 11(b)	1.9.1993
amended by 13/1993 Sch	1.9.1993
s 31(3)	inserted by 70/1996 s 41(d)	9.9.1996
s 31A	inserted by 87/1988 s 12	1.9.1993
substituted by 13/1993 s 21	1.9.1993
s 31A(1)	amended by 70/1996 s 42(a), (b), (d)	9.9.1996
(c) deleted by 70/1996 s 42(c)	9.9.1996
s 31A(3)	amended by 70/1996 s 42(e)	9.9.1996
s 31A(4)	amended by 70/1996 s 42(f)	9.9.1996
s 32
s 32(a1)	inserted by 15/2008 s 31(1)	27.11.2008
s 32(1)	amended by 87/1988 s 13(a)	1.9.1993
amended by 13/1993 s 22(a), Sch	1.9.1993
amended by 70/1996 s 43(a), (b)	9.9.1996
amended by 15/2008 s 31(2), Sch 2 cl 7(1), (2)	27.11.2008
amended by 85/2009 Sch 1 cl 16(1)	9.12.2011
s 32(1aa)	inserted by 70/1996 s 43(c)	9.9.1996
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
substituted by 92/2013 s 15(1)	7.2.2014
s 32(1ab)	inserted by 70/1996 s 43(c)	9.9.1996
amended by 37/2003 s 21(1)	1.10.2003
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
s 32(1ac)	inserted by 92/2013 s 15(2)	7.2.2014
s 32(1a)	inserted by 13/1993 s 22(b)	1.9.1993
amended by 70/1996 s 43(d)	9.9.1996
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
amended by 85/2009 Sch 1 cl 16(2)	9.12.2011
s 32(2)	amended by 87/1988 s 13(b)	1.9.1993
amended by 13/1993 s 22(c), Sch	1.9.1993
amended by 70/1996 s 43(g)	9.9.1996
amended by 37/2003 s 21(2)	1.10.2003
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
amended by 92/2013 s 15(3)	7.2.2014
s 32(2a)	inserted by 70/1996 s 43(e)	9.9.1996
amended by 37/2003 s 21(3), (4)	1.10.2003
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
s 32(3)	amended by 13/1993 s 22(d), Sch	1.9.1993
substituted by 70/1996 s 43(f)	9.9.1996
amended by 37/2003 s 21(5), (6)	1.10.2003
amended by 15/2008 Sch 2 cl 7(1), (2)	27.11.2008
amended by 92/2013 s 15(4), (5)	7.2.2014
s 32(3a)	inserted by 15/2008 s 31(3)	27.11.2008
amended by 92/2013 s 15(6), (7)	7.2.2014
s 32(3b)	inserted by 15/2008 s 31(3)	27.11.2008
amended by 92/2013 s 15(8)	7.2.2014
s 32(3c)	inserted by 92/2013 s 15(9)	7.2.2014
s 32(4)	amended by 13/1993 s 22(e), Sch	1.9.1993
amended by 70/1996 s 43(g)	9.9.1996
amended by 37/2003 s 21(7)	1.10.2003
amended by 92/2013 s 15(10)	7.2.2014
s 33	substituted by 87/1988 s 19 (Sch)	1.9.1993
amended by 70/1996 s 44	9.9.1996
amended by 15/2008 s 32, Sch 2 cl 8	27.11.2008
s 34	amended by 60/1986 s 9	23.10.1986
amended by 87/1988 s 14	1.9.1993
amended by 13/1993 Sch	1.9.1993
substituted by 70/1996 s 45	9.9.1996
s 34(1)	amended by 37/2003 s 22	1.10.2003
amended by 92/2013 s 16(1)	7.2.2014
s 34(2)	amended by 37/2003 s 22	1.10.2003
amended by 92/2013 s 16(2)—(4)	7.2.2014
s 34(3)	amended by 37/2003 s 22	1.10.2003
amended by 92/2013 s 16(5)	7.2.2014
s 34AA	inserted by 13/1993 s 23	1.9.1993
amended by 15/2008 Sch 2 cl 9	27.11.2008
s 34A	inserted by 87/1988 s 15	1.9.1993
s 34A(1)	amended by 13/1993 s 24(a), (b)	1.9.1993
amended by 70/1996 s 46(a), (b)	9.9.1996
amended by 37/2003 s 23	1.10.2003
amended by 15/2008 s 33(1)—(4)	27.11.2008
amended by 92/2013 s 17(1)	7.2.2014
s 34A(2)	amended by 13/1993 s 24(c), (d)	1.9.1993
amended by 70/1996 s 46(c)	9.9.1996
amended by 37/2003 s 23	1.10.2003
amended by 15/2008 s 33(5), (6)	27.11.2008
amended by 92/2013 s 17(2)	7.2.2014
s 34A(3)	inserted by 15/2008 s 33(7)	27.11.2008
substituted by 92/2013 s 17(3)	7.2.2014
s 34A(4)	inserted by 15/2008 s 33(7)	27.11.2008
s 35	amended by 13/1993 Sch	1.9.1993
substituted by 70/1996 s 47	9.9.1996
s 35(1)	amended by 37/2003 s 24	1.10.2003
amended by 92/2013 s 18	7.2.2014
s 35(2)	amended by 37/2003 s 24	1.10.2003
amended by 15/2008 s 34(1)	27.11.2008
s 35(4)	amended by 15/2008 s 34(2)	27.11.2008
s 35(5)	inserted by 15/2008 s 34(3)	27.11.2008
ss 35A	inserted by 70/1996 s 48	9.9.1996
ss 35B	inserted by 70/1996 s 48	9.9.1996
amended by 15/2008 s 35	27.11.2008
ss 35C and 35D	inserted by 70/1996 s 48	9.9.1996
s 36	amended by 13/1993 s 25, Sch	1.9.1993
amended by 70/1996 s 49	9.9.1996
amended by 37/2003 s 25	1.10.2003
amended by 15/2008 s 36(1), (2)	27.11.2008
ss 36A	inserted by 70/1996 s 50	9.9.1996
ss 36B	inserted by 70/1996 s 50	9.9.1996
s 36B(1)	amended by 15/2008 Sch 2 cl 10	27.11.2008
s 37	substituted by 87/1988 s 16	1.9.1993
substituted by 70/1996 s 51	9.9.1996
s 38 before deletion by 15/2008 s 37
s 38(1)	substituted by 87/1988 s 19 (Sch)	1.9.1993
substituted by 13/1993 Sch	1.9.1993
deleted by 70/1996 s 52	9.9.1996
s 38	deleted by 15/2008 s 37	27.11.2008
s 39
s 39(2)	amended by 87/1988 s 17(a), (c)	1.9.1993
(f) deleted by 87/1988 s 17(b)	1.9.1993
amended by 13/1993 s 26	1.9.1993
amended by 70/1996 s 53(a)—(e)	9.9.1996
amended by 15/2008 s 38(1)—(4)	27.11.2008
s 39(3)	inserted by 70/1996 s 53(f)	9.9.1996
Sch	inserted by 87/1988 s 18	1.9.1993
amended by 13/1993 s 27	1.9.1993
substituted by 70/1996 s 54	9.9.1996
deleted by 37/2003 s 26	1.10.2003
Sch 1	inserted by 37/2003 s 26	1.10.2003

Historical versions

Reprint No 1—1.7.1991
Reprint No 2—1.9.1993
Reprint No 3—9.9.1996
Reprint No 4—3.7.1997
Reprint No 5—1.7.1999
1.10.2003
1.6.2007
27.11.2008
9.12.2011
12.7.2012