Firearms Act 1989 Firearms Regulation 1990 (1990-295) [GG No 68 of 25.5.1990] (NSW)

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FIREARMS ACT 1989 - REGULATION

(Firearms Regulation 1990)

NEW SOUTH WALES

[Published in Gazette No. 68 of 25 May 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Firearms Act 1989, has been pleased to make the Regulation set forth hereunder.

E. P. PICKERING

Minister For Police and Emergency Services.

PART 1 - PRELIMINARY

Citation

1. This Regulation may be cited as the Firearms Regulation 1990.

Commencement

2. (1) This Regulation commences on 1 July 1990, except as provided by subclause (2).

(2) Clauses 28 (2), 43, 46 (2), 49 (2) and (3), 51 (5), 52, 65 and 80-84 commence on 1 January 1991.

Definitions

3. (1) In this Regulation:

"approved" means approved for the time being under this

Regulation by the Commissioner;

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"Commissioner" means the Commissioner of Police;

"dealer" means a person who, in carrying on a business:

parts; or

manufactures, buys, sells or repairs firearms or firearm

exposes or offers firearms for sale; or

possesses firearms for the purpose of selling, transferring

or repairing them; or

possesses firearm parts for the purpose of selling,

transferring or repairing them, or of manufacturing

fir ear ms;

"permit" means a permit issued under clause 15 that is in force;

"prohibited article" and "prohibited weapon" have the same

meanings as in the Prohibited Weapons Act 1989;

"registration certificate" means a registration certificate issued

under clause 80 that is in force;

"target pistol" means a pistol of a class described in Schedule 1;
"the Act" means the Firearms Act 1989.

(2) References in this Regulation:

(a)	to firearms safety awareness courses, firearms safety tests and firearms law knowledge tests are references to courses and tests approved under clause 79; and
(b)	to the passing of any such test are references to meeting requirements set by the Commissioner for a person to be treated as having passed the test.

(3) A form approved under this Regulation by the Commissioner and containing any directions for its completion is required to be completed in accordance with those directions.

PART 2 - PRESCRIPTIONS FOR THE PURPOSES OF THE ACT
"Firearms" not to include certain items

4. The following are declared not to be firearms for the purposes of the Act:

(a)	an explosive-powered tool, as defined in the Construction Safety Act 1912; and
(b)	a heavy bench-mounted rifle used for experimental purposes and of a kind approved by the Commissioner; and

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(c) a spear gun.

Maximum size for a pistol

5. The greatest length overall for a pistol is 65 cms.

Shortened firearms

6. (1) For the purposes of section 14 (2) of the Act, a firearm is to be considered as having been shortened only if:

(a) in the case of a firearm which is a smooth bore shotgun or a combination smooth bore shotgun and rifle:

(i)         the length of the barrel, or, if it has more than one barrel, of the longer or longest barrel is less than 45 cms; or

(ii)        the length of the stock is less than 30 cms or it has no stock; and

(b) in the case of a firearm which is a rifle, not being a combination smooth bore shotgun and rifle or an air gun:

(i)         the length of the barrel or, if it has more than one barrel, of the longer or longest barrel is less than 40 cms; or

(ii)        the length of the stock is less than 30 cms or it has no stock; or

(iii)       the overall length is less than 80 cms; and

(c) in the case of a firearm which is an air gun:

(i)         the length of the barrel is less than 30 cms; or

(ii)        the length of the stock is less than 30 cms or it has no stock; or

(iii)       the overall length is less than 70 cms.

(2) For the purposes of this clause, the length of the stock of a firearm, if the firearm has one trigger, is to be measured from the front of the trigger or, if the firearm has more than one trigger, from the front of the rearmost trigger to the centre of the rear of the butt plate or stock.

(3) In this clause, "firearm" does not include a pistol or blank fire

pistol.

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Suspension of licence or permit

7. (1) For the purposes of section 35 (1) of the Act, any member of the Police Force having the rank of Constable or a more senior rank is a prescribed member of the Police Force.

(2) A notice of suspension of a licence or permit is to be in a form approved by the Commissioner.

(3) For the purposes of section 35 (3) of the Act, a permit:

(a)	may be suspended in the same way as a licence may be suspended under section 35 of the Act; and
(b)	has no effect for the period (not exceeding 28 days) specified in the notice suspending it.

Where and when appeal to be made

8. For the purposes of section 41 (2) of the Act, an appeal must be made within 21 days after the decision concerned was notified to the person entitled to appeal:

(a) except as provided otherwise by this Regulation - to the Local Court nearest to the place where the person normally resides; or

(b) if the appeal relates to, or to an application for:

(i)         a business pistol licence - to the Local Court nearest to the premises, specified in the application for the licence, of the bank or other corporation, or of the business, concerned; or

(ii)	a firearms dealer licence - to the Local Court nearest to the place where the dealer is carrying on or proposes to carry on business as a dealer; or

(iii)       approval of a pistol club - to the Local Court nearest to the shooting range used or proposed to be used by the members of the club as a pistol shooting range; or

(iv)       approval of a shooting range - to the Local Court nearest to the shooting range concerned.

Certificate evidence

9. For the purposes of section 55 (1) of the Act, the following offices are prescribed:

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(a)	the office of Principal Manager, Firearms Registry, Police Department;
(b)	the office of Officer in Charge, Firearms Registry, Police Department;
(c)	the office of any officer acting in either of the above positions, but only while the officer is so acting.

Person who may be delegated functions of the Commissioner

10. For the purposes of section 49 of the Act, the Principal Manager, Firearms Registry, Police Department, is prescribed.

PART 3 - GENERAL PROVISIONS RELATING TO LICENCES

AND PERMITS

Division 1 - Licences

Classes of licences

11. For the purposes of section 22 (1) of the Act, the classes of licences are as set out in Column 1 of Schedule 2.

Types of firearms

12. (1) For the purposes of section 22 (2) of the Act, the type or types of firearms for which licences of each class may be issued are as set out in Column 2 of Schedule 2.

(2) Despite subclause (1), pistols manufactured before 1946 (shown in Schedule 2 as a type of firearm for which a pistol collector licence may be issued) do not become a type of firearm prescribed for the purposes of section 22 (2) of the Act until 1 January 1991.

Authority conferred by certain licences

13. (1) Subject to their conditions, the authority conferred by licences is as set out in Column 3 of Schedule 2.

(2) A licence that authorises its holder to have possession of a firearm at a specified place or for a specified purpose also authorises its holder to have possession of the firearm while:

(a) taking it to the holder of a firearms dealer licence for the purpose of having it altered, maintained, tested or repaired and subsequently recovering it from that holder; and

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(b)	taking it to a member of the Police Force for the purpose of having it inspected and subsequently recovering it from such a member; and
(c)	taking it to such a holder or member for the purpose of surrendering it.

Prescribed conditions of licences

14. The prescribed conditions of licences are those set out in Schedule 3.

Division 2 - Permits

General power to issue permits

15. (1) The Commissioner may, under this clause, issue permits authorising:

(a)	the possession or use of firearms, in such circumstances as the Commissioner considers appropriate; or
(b)	the buying, selling or transfer of firearms in such circumstances as the Commissioner considers appropriate; or

(c) the possession of barrels for pistols; or
(d) the shortening of firearms; or
(e) the buying or selling of ammunition.

(2) A permit may be issued authorising any combination of the

things referred to in subclause (1) (a)-(e).

(3) In this clause, "firearm" does not include a prohibited weapon.

Restrictions on issue of permits

16. The provisions of section 25 of the Act (restrictions on issue of licences) apply in respect of the issue of permits in the same way as they apply in respect of the issue of licences.

Terms

17. Unless previously surrendered or revoked, a permit continues in force from the time of its issue for such term as is specified in the permit.

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Conditions

18. (1) A permit is subject to such conditions as the Commissioner thinks fit and are specified in the permit.

(2) All permits are subject to the condition that they cannot be transfer re d.

Division 3 - Applications for licences and permits

How applications are to be made

19. (1) The manner of making an application for a licence or for a permit is by lodging a completed written application in a form approved by the Commissioner together with the prescribed fee (if any) with the member of the Police Force in charge of the police station that is:

in the case of an application for a business pistol licence - nearest to the place at which the relevant business is carried on; or
in the case of any other application for a licence to authorise the possession of a pistol - nearest to the place of residence of the applicant; or

in the case of an application for a firearms collector licence, a firearms museum licence or a blank fire pistol licence - nearest to the place at which the applicant keeps or intends to keep the firearms to which the application relates; or

in the case of an application for a firearms dealer licence by an applicant in the capacity of a pistol club armourer - nearest to the place at which the applicant carries on or proposes to carry on the activities of a club armourer; or

in the case of any other application for a firearms dealer licence - nearest to the place at which the applicant carries on or

proposes to carry on the business of a dealer; or

in the case of an application for a shooter licence - nearest to
the usual place of residence of the applicant; or
in the case of an application for a permit - nearest to the place
of residence of the applicant.

(2) Despite subclause (1), an application may also be lodged at any other place approved by the Commissioner.

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(3) Each application for a licence must be lodged personally by the applicant.

"Cooling-off" period

20. For the purposes of section 24 (2) of the Act, the prescribed period is 28 days immediately following the day on which the application for the licence is lodged.

Offences that disqualify applicants

21. (1) For the purposes of section 25 (1) (b) of the Act, the prescribed offences are those specified in Schedule 4 and the period specified is 10 years.

(2) The offences specified in Schedule 4 are prescribed whether or not they are committed in New South Wales.

Grounds for refusal of licences and permits

22. (1) A licence or permit is not to be issued to an individual who is under the age of 18 years, except a minor's firearms permit or a minor's pistol permit.

(2) A business pistol licence is not to be issued if any person who will be authorised by the licence to have possession of the pistol to which it relates is under the age of 18 years.
(3) An initial shooter licence or a minor's firearms permit is not to be issued before 1 January 1991 unless the applicant has completed to the satisfaction of a member of the Police Force of at least the rank of Constable a written or an oral test:

administered at a police station by such a member of the Police

Force; and

concerned in the possession and use of the firearm or of

relating to the applicant's knowledge of safety procedures

firearms of the class to which the application relates.

(4) An initial shooter licence or minor's firearms permit is not to be issued on or after 1 January 1991 unless the applicant presents evidence satisfactory to the Commissioner that he or she has attended a firearms safety awareness course and passed such firearms safety and firearms law knowledge tests as are considered appropriate by the Commissioner.

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(5) The Commissioner may, in a particular case, refuse to issue a licence or permit unless the applicant (or any other person who will be authorised by the licence or permit to possess a firearm) has been fingerprinted to confirm his or her identity.

(6) In this clause, "initial shooter licence" means a shooter licence applied for by a person who has not held a shooter licence within the last 28 days (or such longer period as the Commissioner may allow in a particular case) before the application was lodged.

Division 4 - Supplementary provisions

Licence or permit to be signed

23. A person to whom a licence or permit is issued must,
immediately after receiving the licence or permit, write his or her usual

signature in ink in the space provided for it on the licence or permit,

unless that signature was in that space when the licence or permit was
issued.

Maximum penalty: 2 penalty units.

Lost, stolen or destroyed licence or permit

24. A person to whom a licence or permit has been issued must, within 7 days after becoming aware that the licence or permit has been lost, stolen, destroyed, defaced or mutilated, notify the Commissioner in writing of that occurrence.

Maximum penalty: 20 penalty units.

Application for a duplicate licence or permit

25. (1) The Commissioner may, on being satisfied that a licence or permit has been lost, stolen, destroyed, defaced or mutilated, and after payment of the appropriate prescribed fee (if any), issue a duplicate licence or permit.

(2) An application for a duplicate licence or permit must be made in a form approved by the Commissioner and lodged with the Firearms Registry.

Change of particulars of licence or permit holder

26. (1) The holder of a licence or permit must, within 7 days of the date of the change, notify the Commissioner in writing of any change in:

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(a) the usual residential address of the holder; or

(b) any other particular (such as the name of the holder) stated in the licence or permit.

(2) If a change required to be so notified relates to any particular stated in the licence or permit, the holder must:

(a)	when notifying the change, pay the prescribed fee for altering the particular and the issue of a replacement licence or permit; and
(b)	within 7 days after receiving the replacement licence or permit, surrender the original licence or permit at the police station nearest to the usual place of residence of the holder.

Maximum penalty: 20 penalty units.

Revocation of licence or permit

27. (1) A licence or permit may be revoked if the Commissioner considers that it is not in the public interest for the person to whom it was issued to continue to hold it.

(2) The Commissioner may revoke a permit for any other reason the Commissioner considers sufficient.

PART 4 - ADDITIONAL PROVISIONS RELATING TO

PARTICULAR LICENCES AND PERMITS

AND THEIR HOLDERS

Division 1 - Collector licences

Additional restrictions on issue of pistol collector licences

28. (1) A pistol collector licence is not to be issued unless the Commissioner is satisfied that the applicant:

(a) has acquired or proposes to acquire the pistol or pistols of the kind to which the licence will relate; and

(b) has adequate facilities for the safe keeping of those pistols.

(2) A pistol collector licence that authorises the possession of pistoIs

that are not antique pistols is not to be issued unless the Commissioner

is satisfied that:

(a) the applicant has been a member of a collecting society, approved by the Commissioner, for a period of not less than 12 months; and

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(b)	the premises at which the collection is to be stored are suitable for that purpose and adequate provision has been made for the safe keeping of the pistols by means of safes or strongrooms or otherwise; and
(c)	the premises are suitably and adequately secured against unauthorised entry.

Duties of licensees

29. (1) In this clause, "collector licence" means a pistol collector licence or a firearms museum licence.

(2) The holder of a collector licence must:

(a)	keep at the premises specified in the licence as the place at which the holder may keep pistols or, where the holder has under paragraph (d) notified the Commissioner that he or she is keeping pistols at another place, at that other place, a record showing particulars of the pistols kept by him or her and of any pistol acquired or disposed of by him or her; and
(b)	within 7 days, furnish to the Firearms Registry a written notice, in a form approved by the Commissioner, containing particulars of any pistol acquired or disposed of by the holder; and
(c)	on demand made on the holder, at any time at the place at which he or she is required to keep the record referred to in paragraph (a), by a member of the Police Force:

(i)         produce the record to that member and permit him or her to make copies of any entries in it; and

(ii)        produce to that member all pistols in the possession of the holder; and

(d) within 7 days after changing his or her ordinary place of residence or the place at which he or she keeps any pistols, notify to the Commissioner particulars of the change in the form approved by the Commissioner.

Maximum penalty 20 penalty units.
(3) A person required to keep a record under this clause must,

whether or not he or she has ceased to be the holder of a collector licence, keep the record until the expiration of a period of 3 years after the Commissioner has certified in writing that (to the best of the Commissioner's knowledge) the record is complete.

Maximum penalty 20 penalty units.
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(4) The requirements of this clause relate only to pistols to which the collector licence concerned relates.

Form of collector's record

30. In this Part, a reference to a record is a reference to a record of a kind and kept in a form approved by the Commissioner.

Division 2 - Dealer licences

Additional requirement for applications for firearms dealer licences

31. An application for a firearms dealer licence is to contain a request that the licence applied for be issued to the applicant:

(a) on the applicant's own behalf; or

(b) on behalf of another person by whom he or she is or will be employed as the person in charge of a place at which the other person carries on or proposes to carry on the business of a dealer.

Additional restrictions on issue of licences

32. (1) A firearms dealer licence that authorises its holder to carry on business at specified premises is not to be issued unless the Commissioner is satisfied that:

(a) the applicant, not being an applicant in the capacity of a club armourer:

(i)         is carrying on or proposes to carry on the business of a dealer at those premises; or

(ii)        is or is to be employed by a dealer as the person in charge of a place at which that dealer is carrying on or proposes to carry on that business; and

(b) the applicant, being an applicant in the capacity of a club armourer, is:

(i)         if the application is for a licence that authorises dealing in pistols, a member of an approved pistol club; or

(ii)        if the application is for a firearms dealer licence that does not authorise dealing in pistols, a member of a club formed and conducted for the purpose of

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promoting the sport of shooting with firearms, other

than pistols,

and is the sole armourer for that club; and
the applicant, not being an applicant in the capacity of a club
armourer, is a fit and proper person to carry on the business of
a firearms dealer, or to be employed as referred to in paragraph
(a) (ii) and can be trusted to carry on that business or to carry
out his or her duties when so employed, as the case may be,
without danger to the public safety or to the peace; and
the applicant, being an applicant in the capacity of a club
armourer, is a fit and proper person to act as a club armourer
and can be trusted to carry out his or her duties as club
armourer without danger to the public safety or to the peace;

and

dealer:

if the licence is to be issued to the applicant on behalf of a

(i)         if the dealer is a natural person - that dealer; or

(ii) if the dealer is a firm, partnership or corporation - each member of that firm or partnership or each director, within the meaning of the Companies (New South Wales) Code, of that corporation,

would, if he or she were to be the applicant for a firearms dealer licence of the same kind as is specified in the application, be granted that licence; and

(f) those premises are suitable for carrying on the business of a dealer who deals in pistols or of a dealer who does not deal in pistols or for carrying out the duties of a club armourer, as the case may require.

(2) In considering whether or not premises are suitable as referred

to in subclause (1) (f), the Commissioner is required to have regard to:

(a)	the nature of the activities proposed to be conducted on the premises; and
(b)	whether adequate provision has been made for the safe keeping of firearms by means of safes or strongrooms or otherwise; and

(c) the security of the premises against unauthorised entry; and

(d) where the licence is not to be issued subject to a condition prohibiting the testing of firearms on the premises - whether an

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efficient bullet recovery box or bullet stop is provided in the
premises.

(3) The Commissioner is required to impose a condition on a firearms dealer licence specifying the premises in respect of which the licence is issued.

Endorsement of licences

33. If a firearms dealer licence is issued to an applicant on behalf of another person, the Commissioner is required to endorse on the licence a statement to the effect that the licence is so issued.

Change of premises

34. (1) The holder of a firearms dealer licence may apply to the Commissioner to change the premises to which the licence relates.

(2) Any such application is to be made in a form approved by the Commissioner and accompanied by the prescribed inspection fees.

(3) After taking into account the same relevant matters as would have to be considered in assessing an application for a firearms dealer licence, the Commissioner may approve or refuse the application.

(4) A refusal may be made on any of the grounds on which an application for a firearms dealer licence may be refused.

(5) If the application is approved, the Commissioner is to impose a new condition on the licence changing the premises at which the business is to be carried on.

Record of firearms

35. (1) The holder of a firearms dealer licence must ensure that all dealings with firearms authorised by the licence are recorded in accordance with this clause.

Maximum penalty 50 penalty units.

(2) Each record must contain the following particulars for each

purchase, receipt, sale or transfer of a firearm or spare barrel for a

firearm by the dealer concerned from or to another person:

(a) the name and residential address of the other person; and

(b) the number of the licence or permit authorising the other person to carry out the transaction; and

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(c)	if that licence is held by a third person, the name and residential address of the third person; and
(d)	for each firearm or spare barrel for a pistol that is or has been in the possession of the dealer:

(i)         the dates of its initial purchase or receipt by the dealer and of its subsequent sale or transfer out of the possession of the dealer; and

(ii)        the name and residential address of the person who initially gave possession of it to the dealer; and

(iii)       when it is sold or transferred out of the possession of the dealer - its make, serial number, calibre and type.

(3) An entry required to be made in a record concerning the purchase, receipt, sale or transfer of a firearm is entered in accordance with this clause only if it is made within 24 hours of the transaction concerned.

(4) A record must be of a kind and kept in a form approved by the Commissioner.

(5) If the holder of a firearms dealer licence ceases to hold such a licence, the former holder must:

continue to keep the then current record of transactions for at

least 3 years after that time; and

make a record of the disposition of all stock held at that time, have that record certified by the Commissioner as complete (to

the best of the Commissioner’s knowledge) and keep that

record of disposition for at least 3 years after that time.

Maximum penalty: 50 penalty units.
(6) A person required to ensure a record is kept or to keep a record

under this clause must, on demand made by a member of the Police

Force at any time:

produce the record to that member and permit that member to
inspect and make copies of any entries in it; and
produce to that member all firearms and spare barrels for

firearms in the possession of that person; and

furnish to that member any information in that person’s possession with respect to any firearm or spare barrel for a

firearm that has been manufactured, purchased or received

under the authority of the person’s firearms dealer licence, or

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that the person has in his or her possession or has sold or otherwise transferred or repaired under the authority of the licence.

Maximum penalty 20 penalty units.

(7) Any person making an alteration to an entry in a record required

to be kept under this clause must do so by interlineation or striking out

and not by erasure.

Maximum penalty: 50 penalty units.

(8) This clause does not apply so as to require a holder of a firearms

dealer licence to keep a record of any firearm (not being a pistol):

(a)	imported into the State by the dealer to whom the licence relates for the purpose of its sale to another dealer; or
(b)	purchased by that dealer, otherwise than by importation into the State, by way of wholesale for sale to another dealer; or

(c) sold by the dealer by way of wholesale to another dealer,

if the firstmentioned dealer keeps alternative records relating to the importation, purchase or sale, as the case may be, and those records are of a kind and kept in a form approved by the Commissioner.

Additional duties of dealers

36. (1) A dealer (not being a dealer whose sole business, in relation to firearms, is the importation of firearms into the State and the sale of those firearms to other dealers only) must affix and keep affixed to each pistol in the dealer’s possession a label showing the entry number for that pistol as entered in the record required to be kept under this Division and the identifying number (if any) of that pistol.

Maximum penalty 10 penalty units.

(2) Subclause (1) does not apply to a pistol acquired:

(a) for repair purposes only from the holder of a licence or permit authorising the holder to have possession of the pistol; or

(b) pursuant to section 11 of the Act.
(3) When notice in writing is served on a dealer by the

Commissioner, the dealer must furnish to the Commissioner, within such time as is specified in the notice and in the form provided by the Commissioner, such particulars relating to the acquisition, disposition and possession by the dealer of any pistols, blank fire pistols or spare barrels for pistols as are required by the notice.

Maximum penalty 20 penalty units.

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(4) A dealer who acquires a pistol, a spare barrel for a pistol, a blank fire pistol or a firearm designed for use in tranquillising, immobilising or administering vaccines to animals must:

(a)	immediately the form is complete or, if the form is not complete within 7 days after the entry is made, no later than at the expiration of those 7 days, notify particulars of that acquisition to the Commissioner in a form approved by the Commissioner for the purpose; and
(b)	for a period of 5 days after the time of acquisition, retain that firearm in the same condition as it was when acquired.

Maximum penalty: 10 penalty units.
(5) A dealer:

(a) who disposes of a pistol or spare barrel; or

(b) who disposes of a blank fire pistol or a firearm designed for use in tranquillising, immobilising or administering vaccines to animals,

must, within 7 days after that disposal, notify particulars of that disposal to the Commissioner in a form approved by the Commissioner for the purpose.

Maximum penalty 10 penalty units.
(6) Subclause (5) does not apply to a pistol or other firearm disposed

of to the holder of a licence or permit authorising the holder to possess the pistol or other firearm if the pistol or other firearm was delivered to the dealer for repair purposes only.

(7) A dealer must, within 24 hours after becoming aware of the loss, theft or destruction of any pistol or spare barrel for a pistol that was in the possession of the dealer, notify the Commissioner of that loss, theft or destruction in the form approved by the Commissioner for the purpose.

Maximum penalty 20 penalty units.

(8) The holder of a firearms dealer licence must, within 7 days after

changing his or her place of residence, notify the Commissioner of the

change of residence.

Maximum penalty 10 penalty units.

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(9) A dealer bv whom or on whose behalf a firearms dealer licence
is held	must ensure that a pistol or spare barrel displayed in any part
of the	premises to which the licence relates:
(a)	is under the immediate supervision and control of the dealer or an employee of the dealer; and
(b)	is not displayed to the public unless reasonable precautions are taken to prevent it from being stolen.

Maximum penalty 50 penalty units.

(10) A dealer must keep each record, required by this Regulation to

be kept by the dealer, in a place of safe keeping other than a place of

safe keeping in which pistols are kept.

Maximum penalty 50 penalty units.

Security of displayed firearms

37. A dealer who displays firearms on the dealer's premises, not being firearms under the immediate supervision and control of the dealer or the dealer's employees, must ensure that those firearms are secured in such a manner as would reasonably prevent their removal otherwise than by the dealer or those employees.

Maximum penalty 10 penalty units.

Interstate transactions between dealers

38. (1) The holder of a firearms dealer licence is exempt from the requirements of section 7 of the Act (with respect to any firearm the holder is authorised by the licence to possess) for the purposes of any transaction between the holder and the holder of a corresponding licence outside New South Wales.

(2) In this clause, "corresponding licence" means an instrument that, in the opinion of the Commissioner, is the equivalent of a firearms dealer licence in a place outside New South Wales.

Division 3 - Pistol licences

Restriction on issue: generally

39. (1) The Commissioner may refuse to issue a pistol licence unless the pistol for which the licence is required is first produced for inspection to a member of the Police Force specified by the Commissioner.

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(2) In this clause, "pistol licence" means any licence authorising the possession of a pistol.

Restriction on issue: blank fire pistol licences

40. (1) The Commissioner is not to issue a blank fire pistol licence unless satisfied that the applicant does not intend to use the blank fire pistol otherwise than solely for the purposes of:

(a) sporting events; or
(b) stage presentations; or

(c) film or television productions,

or for any other purpose approved in writing by the Commissioner.

(2) When the Commissioner issues a blank fire pistol licence, the Commissioner is required to give the holder of the licence written notice of the purpose for which the blank fire pistol is to be used.

Restriction on issue: business pistol licences

41. unless satisfied that each officer, within the meaning of the
Companies (New South Wales) Code, of the corporation
concerned, each member of the partnership concerned or, in
the case of a sole trader, the applicant concerned would, if he
or she were to apply for a pistol licence on his or her own behalf,

The Commissioner is not to issue a business pistol licence: if the application for the licence was made by a person who

intends to use or carry the pistol at a shooting gallery.

Business pistol licences: change of holder

42. (1) Where an application for a business pistol licence:

(a) is made by a person in the capacity of a manager of a bank or other business; and

(b) a business pistol licence is issued pursuant to the application,

the Commissioner is required to endorse on that licence that it is issued
to the person in that capacity.

(2) If a business pistol licence has been issued to the manager of a
bank or other business in respect of a pistol, the manager or officer in
charge from time to time of the office of the bank or business at which

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the pistol is for the time being kept is, for the purposes of this
Regulation, to be taken to be the holder of the licence.

(3) If there is a change in the holder of a business pistol licence because of the operation of this clause, the new holder must, within 14 days after the event that caused the change, lodge with the Commissioner a notice in the form approved by the Commissioner of the occurrence of that event.

Maximum penalty 10 penalty units.

(4) A business pistol licence may be revoked by the Commissioner

if any holder of the licence for the time being is convicted of an offence

under subclause (3).

Approval of employees etc

43. (1) The holder for the time being of a business pistol licence must keep the Commissioner informed of the name and date of birth of each of the persons intended to have access to, possession of or use of each pistol to which the licence relates.

(2) Such a holder must notify the Commissioner of any changes concerning the persons who are to have such access, possession or use within 14 days of the change occurring.

(3) The Commissioner may approve, or refuse to approve, of a person whose particulars have been notified to the Commissioner under this clause for the purpose of the person’s having access to and possession of, and using, the pistol or pistols to which the licence relates.

(4) The Commissioner may revoke any such approval for such reason as to the Commissioner appears sufficient.

Records

44. The holder for the time being of a business pistol licence, a blank fire pistol licence or a club pistol licence must:

(a) keep a book, in a form approved by the Commissioner:

(i)         the headings of which on each page are machine printed; and

(ii)        the pages of which are bound by sewing or in such other manner as will prevent any page being readily removed; and

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(iii)       each page of which is machine numbered consecutively, and

at the time of any transfer from, and the return to, the holder of a pistol to which the licence relates, enter or cause to be entered in black or blue ink in the book such details as are at that time appropriate; and

make any alteration to an entry in the book by interlineation or
striking out and not by erasure; and

retain the book or cause it to be retained for 3 years after the Maximum penalty 50 penalty units.

completion of the last entry in it.

Safe keeping of records

45. The holder of any licence authorising the holder to have possession of one or more pistols must keep each record or book, required by this Regulation to be kept, in a place of safe keeping other than a place of safe keeping in which pistols or spare barrels are kept.

Maximum penalty 50 penalty units.

Restrictions on issue: club pistol licences

46. (1) The Commissioner is not to issue a club pistol licence unless satisfied:

(a)	that the applicant for the licence is the captain, secretary or holder of another office of an approved pistol club or a member of such a club nominated by the club to be the holder of a club pistol licence for the benefit of club members; and
(b)	that each member of the club would, if he or she were to apply for a target pistol licence or a junior shooter’s target pistol permit, be granted that licence or permit.

(2) The Commissioner is not to issue registration certificates relating to a club pistol licence authorising the use of more target pistols than the Commissioner considers adequate and reasonable to meet the needs of the club.

Club pistol licences: change of holder 47. (1) If an application for a club pistol licence:

(a) is made by a person in the capacity of captain, secretary or holder of another office of an approved pistol club, and

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(b) a club pistol licence is issued pursuant to the application,

the Commissioner is required to endorse on the licence that it is issued
to the person in that capacity.

(2) If a club pistol licence has been issued to the captain, secretary or holder of another office of an approved pistol club, the captain, secretary or holder of the other office of the club for the time being is, for the purposes of this Regulation, to be taken to be the holder of the licence.

(3) If there is a change in the holder of a club pistol licence because of the operation of this clause, the new holder must, within 14 days after the event that caused the change, lodge with the Commissioner a notice in the form approved by the Commissioner of the occurrence of that event.

Maximum penalty 20 penalty units.

(4) A club pistol licence may be revoked by the Commissioner if any

holder of the licence for the time being is convicted of an offence under

subclause (3).

Authority conferred by club pistol licences

48. (1) The Commissioner may approve of members of a pistol club
having possession of, and using, the target pistol or target pistols to
which a club pistol licence held by a member of the pistol club relates.
(2) Each member for the time being notified to the Commissioner
and approved by the Commissioner for the purposes of this clause is

authorised by the club pistol licence concerned to have possession of,

and to use, the target pistol or target pistols concerned while:

(a)	participating in pistol target shooting as a member of the club at an approved pistol shooting range under the supervision of a person holding office as a range officer of the club; and
(b)	complying with any conditions of the licence applicable to its holder.

Restriction on issue: target pistol licences

49. (1) The Commissioner is not to issue a target pistol licence to a person who is not a member of an approved pistol club.

(2) The Commissioner is not to issue registration certificates relating

to a target pistol licence authorising the use of more target pistols than

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the Commissioner considers adequate and reasonable to meet the
needs of the holder of the licence.

(3) Despite subclause (2), the Commissioner is not to issue registration certificates that will result in a single target pistol licence authorising the use of more than 15 target pistols unless:

(a)	the New South Wales Amateur Pistol Association Incorporated recommends to the Commissioner that the member concerned has a genuine need to possess more than 15 target pistols; and
(b)	the Commissioner is of the opinion that approval to possess more than 15 target pistols is warranted.

(4) Nothing in this clause prevents a member of a pistol club approved by the Commissioner or an interstate pistol club from applying for and being issued with a personal pistol licence otherwise than in the capacity of such a member.

Division 4 - Permits

Permit to purchase a pistol

50. A permit to purchase a pistol may be issued so as to authorise:

(a) the possession of the pistol after it has been purchased; or

(b) the shortening of a firearm that is not a pistol so that the firearm becomes the pistol to which the permit relates.

Minor's firearms permit

51. (1) An application for a minor’s firearms permit must be lodged personally by the applicant.

(2) The applicant must be of or above the age of 10 and under the age of 18 years.

(3) The application must contain the written consent of a parent or guardian of the applicant to the issue of the permit.

(4) A minor’s firearms permit authorises the person to whom it is

issued	to possess and use a firearm but only
(a)	under the personal supervision of the holder of a shooter licence for the firearm or of a person authorised by order of the Commissioner to supervise the use by persons under the age of 18 years of firearms of the kind concerned; and

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(b) for the purpose of the minor's receiving instruction in the safe use of the firearm.

(5) A minor's firearms permit, unless sooner surrendered or revoked, expires on the permit holder's eighteenth birthday.

(6) In this clause "firearm" does not include a prohibited weapon, a pistol or a blank fire pistol.

Junior shooter's target pis toll permit 52. (1) An application for a junior shooter's target pistol permit must

be lodged personally by the applicant.

(2) The applicant must be of or above the age of 10 and under the age of 18 years.

(3) The application must contain the written consent of a parent or guardian of the applicant to the issue of the permit.

(4) A junior shooter's target pistol permit authorises the person to whom it is issued to possess and use a target pistol, but only

(a)	under the personal supervision of the holder of a target pistol licence; and
(b)	for the purpose of the minor's receiving instruction in the safe use of the pistol or competing in events approved by the New South Wales Amateur Pistol Association Incorporated.

(5) A junior shooter's target pistol permit, unless sooner surrendered or revoked, expires on the permit holder's eighteenth birthday.

(6) In this clause, "pistol" includes a spare barrel for a pistol, but does not include a prohibited weapon.

Non-resident shooter permit

53. (1) An application for a non-resident shooter permit may be made by a person who is not a resident of New South

(2) The application may be lodged at any police station in New South Wales.

(3) A non-resident shooter permit authorises its holder to possess and use a firearm without being the holder of a shooter licence.

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Non-resident target shooter permit

54. (1) An application for a non-resident target shooter permit may be made by a person who is not a resident of New South Wales.

(2) The application may be lodged at any police station in New South Wales.

(3) The Commissioner is not to issue such a permit unless satisfied that the applicant has been invited by an approved pistol or firearms club to participate in target shooting at an approved pistol or firearms shooting range.

(4) A non-resident target shooter permit authorises its holder to possess and use the firearm, firearms or type of firearms specified in the permit, but only for the purpose of participating at an approved pistol or firearms shooting range.

(5) ln this clause, "approved pistol or firearms club" includes a club outside New South Wales approved for the time being by the Commissioner.

Non-resident permit to purchase a firearm

55. (1) An application for a non-resident permit to purchase a
firearm may be made by a resident of another State or a Territory.

(2) The Commissioner is not to issue such a permit in respect of a firearm unless the applicant for the permit has produced to the Commissioner a certificate purporting to be signed by a member of the Police Force of the State or Territory in which the applicant ordinarily resides certifying that the applicant is entitled to have possession of the firearm in that State or Territory.

(3) A non-resident permit to purchase a firearm authorises its holder to do either of the following:

(a)	to purchase in New South Wales a firearm specified in the permit from a person so specified;
(b)	to purchase in New South Wales a firearm specified in the permit from a person so specified and to have the firearm in his or her possession in New South Wales for such period as may be specified in the permit.

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Auctioneer's firearms permit

56. (1) The holder of an auctioneer’s licence under the Auctioneers
and Agents Act 1941 may apply for an auctioneer’s firearms permit.

(2) An auctioneer’s firearms permit authorises its holder to possess

a firearm, but only if:

(a)	the holder also holds an auctioneer’s licence under the Auctioneers and Agents Act 1941; and
(b)	the holder possesses the firearm in the ordinary course of his or her business as an auctioneer; and
(c)	the firearm is a firearm specified, or of a kind specified, in the

permit.

(3) A person to whom an auctioneer’s firearms permit has been issued must, within 7 days after the sale or other disposal of each firearm for possession of which the permit was required, enter particulars of the firearm, and of the person to whom it was sold or otherwise disposed of, in a form approved by the Commissioner, and forward that form to the Commissioner.

Maximum penalty 20 penalty units.

Permit to purchase firearm on leaving Australia

57. (1) An application may be made for a permit to purchase a firearm by a person who is about to leave Australia.

(2) The Commissioner is not to issue such a permit unless satisfied that the applicant is about to leave Australia.

(3) Any such permit authorises its holder to purchase and possess (but not to use) the firearm to which it relates.

(4) Any such permit, unless sooner surrendered or revoked, remains in force until the expiration of 7 days from the date of its issue or the purchase of the firearm to which the permit relates, whichever first occurs.

Collector’s permit to carry a firearm

58. (1) The holder of a pistol collector licence may apply for the issue
of a permit to carry a firearm in respect of which the licence was issued.

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(2) The Commissioner may issue such a permit by endorsing on the applicant’s licence the authority granted by the permit or by issuing a separate permit.

(3) Any such permit authorises its holder to possess the pistol to which it relates, but only while carrying it in accordance with the conditions of the permit.

(4) Any such permit, unless sooner surrendered or revoked, remains in force for the same period for which the licence on which the permit is endorsed or to which it relates remains in force.

Permit for tranquilliser firearms

59. (1) An application may be made for a tranquilliser firearms

permit.

(2) A tranquilliser firearms permit authorises its holder and any other person specified in the permit for the purpose to possess, use, sell or otherwise give possession of the tranquilliser firearms to which it relates, but only in the normal course of the person’s occupation.

(3) In this clause, "tranquilliser firearms" means firearms designed for use in tranquillising, immobilising or administering vaccines or other medicines to animals.

PART 5 - PISTOL CLUBS

Approval of pis tol clubs

60. (1) An application for approval of a pistol club may be made by

the secretary or captain or any member of the club by lodging with the Commissioner an application in duplicate in the form approved by the Commissioner together with:

(a) a certificate given by the applicant in a form so approved setting out the full name, date of birth and residential address of each member of the club; and

(b) 3 copies of the rules of the club.

(2) The Commissioner may grant the approval either

unconditionally or subject to such conditions as the Commissioner

thinks fit or may reject the application.

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(3) The Commissioner is not to grant an approval unless:

(a) the club concerned consists of 10 or more members; and

(b)	the club is affiliated with the New South Wales Amateur Pistol Association Incorporated and that Association recommends the granting of the approval; and
(c)	the Commissioner is satisfied that each member of the club would, if he or she were to apply for a target pistol licence and, in the case of a member under the age of 18 years, were of or above the age of 18 years, be granted a target pistol licence.

Revocation of approval of a pistol club

61. (1) The Commissioner may revoke an approval of a pistol club for any reason which seems to the Commissioner sufficient.

(2) Without limiting that discretion, the Commissioner may revoke such an approval if satisfied that:

(a) the number of active members of the club is less than 10; or

(b)	the club is not being conducted with proper regard to the preservation of the public safety or the peace; or
(c)	any conditions to which the approval is subject have not been complied with; or
(d)	the secretary or captain or any member of the club has been convicted of an offence under the Act, the Prohibited Weapons Act 1989, the Firearms and Dangerous Weapons Act 1973 or the regulations under any of those Acts or an offence under a foreign firearms law, being an offence of which the Commissioner was not aware when the approval was granted.

(3) Revocation of an approval takes effect when mitten notice of it is served personally or by post on the applicant for the approval or on the secretary or captain for the time being of the club concerned.

Conditions of approval of a pistol club

62. (1) Conditions of an approval of a pistol club may relate to: (a) the control, administration or management of the club; and (b) the preservation of the public safety and the peace.

(2) The Commissioner may vary or revoke any conditions subject to which an approval has been granted or attach to any approval additional conditions of the kind referred to in subclause (1).

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(3) Any such variation, revocation or additional condition takes effect when written notice of it is served personally or by post on the applicant for the approval or on the secretary or captain for the time being of the club concerned.

Appeals concerning club approvals

63. (1) The secretary or captain or a member of a club may appeal to a Local Court constituted by a Magistrate sitting alone against:

(a)	the refusal or failure of the Commissioner to grant an approval under this Part; or
(b)	the conditions imposed by the Commissioner on any such approval.

(2) Any such appeal must be made:

(a)	within 21 days after the person was first notified of the decision appealed against; or
(b)	in the case of a failure to grant an approval, within 21 days after the expiration of 60 days from the day on which the application for the approval was duly lodged.

(3) The appeal must be made to the Local Court nearest to the shooting range used or proposed to be used by the club.

Notice of membership changes

64. (1) The secretary for the time being of an approved pistol club must, within 14 days of the date of the change, notify the Commissioner in writing of any change:

(a)	in the membership of the club (in which case the full name, date of birth and residential address of each new or former member is to be notified); or
(b)	in the name or usual residential address of any member of the club (in which case the full name or address of the member concerned is to be notified).

(2) If there is no secretary for the time being of an approved pistol club, the captain of the club must comply with the requirements of this clause.

Maximum penalty 20 penalty units.

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Team managers

65. (1) Approved pistol clubs may each nominate up to 4 club members who are not under 21 years of age and who hold target pistol licences to act as team managers for the purpose of conveying club and other target pistols to and from authorised ranges for use in competition shooting.

(2) Nominations must be submitted by the clubs concerned to the New South Wales Amateur Pistol Association Incorporated for a recommendation by that Association to the Commissioner.

(3) The Commissioner may, by notice served on a club member so recommended, confirm that the member may act as a team manager for the purposes of this clause and may, by a further notice so served, revoke that confirmation.

(4) A club pistol licence issued for the benefit of an approved pistol club and a target pistol licence held by a member of the club each authorises a member of the club whose acting as team manager is confirmed for the time being under this clause to have possession of the target pistols to which the licence relates, but only for the purpose of conveying them as referred to in subclause (1).

(5) A member who has possession of a target pistol for that purpose must take all reasonable precautions to ensure that the pistol is conveyed safely and must comply with the conditions of the licence held for the pistol as if the member were the holder of the licence.

Maximum penalty 50 penalty units.

PART 6 - SHOOTING RANGES

Approval of shooting ranges

66. (1) An application for approval of a shooting range as a pistol shooting range or firearms shooting range is made by lodging an application in the form approved by the Commissioner, accompanied by the prescribed fee:

(a)	in the case of a fixed range - at the police station nearest to the proposed site of the range; or
(b)	in the case of a movable range - at the police station nearest to the applicant's usual place of residence.

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(2) Subject to this section, the Commissioner may approve the range as a pistol shooting range or a firearms shooting range either unconditionally or subject to such conditions as the Commissioner thinks fit.

(3) The Commissioner is not to grant such an approval unless:

(a) the applicant is of good character and repute; and

(b)	the shooting range meets the standards set by the Commissioner; and
(c)	except in the case of a movable range, the range is, in the opinion of the Commissioner, situated at a suitable location; and

(d) the applicant has control over the use of the shooting range. (4) An approval under this clause remains in force until revoked.

Revocation of approval of a shooting range

67. (1) The Commissioner may revoke an approval of a shooting range for any reason which to the Commissioner seems sufficient.

(2) Without affecting the generality of subclause (1), the Commissioner may revoke such an approval if satisfied that:

(a)	the shooting range is not being conducted with proper regard to the preservation of the public safety or the peace; or
(b)	any conditions attached to the approval by the Commissioner have not been complied with; or
(c)	the person to whom the approval was granted has been convicted of an offence under the Act, the Prohibited Weapons Act 1989, the Firearms and Dangerous Weapons Act 1973 or the regulations under any of those Acts or an offence under a foreign firearms law, being an offence of which the Commissioner was not aware when the approval was granted.

(3) Revocation of an approval takes effect when written notice of it is served personally or by post on the applicant for the approval or on the person having control for the time being of the shooting range concerned.

Conditions of approval of a shooting range

68. (1) An approval may be given subject to such conditions relating

to the control, administration, management or use of a shooting range

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and the preservation of the public safety and the peace as the
Commissioner thinks fit.

(2) The Commissioner may vary or revoke any conditions subject to which an approval has been granted or attach to any such approval additional conditions of the kind referred to in subclause (1).

(3) Any such variation, revocation or additional condition takes effect when written notice of it is served personally or by post on the applicant for the approval or on the person having control for the time being of the shooting range concerned.

Appeals concerning shooting range approvals

69. (1) A person may appeal to a Local. Court constituted by a Magistrate sitting alone against:

(a)	the refusal or failure of the Commissioner to grant an approval under this Part; or
(b)	the conditions imposed by the Commissioner on any such approval.

(2) Any such appeal must be made:

(a)	within 21 days after the person was first notified of the decision appealed against; or
(b)	in the case of a failure to grant an approval, within 21 days after the expiration of 60 days from the day on which the application for the approval was duly lodged.

(3) The appeal must be made to the Local Court nearest to the shooting range concerned or, in the case of a movable shooting range, nearest to the applicant’s usual place of residence.

Use of unapproved shooting ranges prohibited

70. (1) A person must not use a pistol on a shooting range that is not for the time being an approved pistol shooting range.

(2) A person must not use a firearm (not being a pistol) on a shooting range that is not for the time being an approved pistol shooting range or an approved firearms shooting range.

(3) A person must not possess or use a firearm on a shooting range (being a range that is the subject of an approval under this Part) in contravention of any condition to which the approval is for the time being subject.

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(4) A person must not permit another person to contravene any other provision of this clause.

(5) In this clause, "shooting range" includes a movable shooting

range. Maximum penalty: 50 penalty units.

PART 7 - PERSONS ENGAGED IN THE SECURITY

(PROTECTION) INDUSTRY

Definitions

71. (1) In this Part:

"security guard" means a person who, by way of carrying on a

business or in the course of his or her employment:
(a) acts as a bodyguard; or
(b) patrols, protects, watches or guards any property,
and is required to be licensed under the Security (Protection)
Industry Act 1985.

(2) In this Part, a reference to the carriage, possession or use of a firearm by a person is a reference only to the carriage, possession or use of the firearm by the person in the course of the person's business or employment.

Restrictions relating to firearms and ammunition

72. (1) A security guard must not:

(a) carry any firearm, other than a pistol or shotgun; or

(b) while carrying a firearm, carry any ammunition, other than the ammunition recommended by the manufacturer of the firearm as appropriate for the firearm and containing the manufacturer's recommended explosive material load.

(2) A security guard must not carry a shotgun except:

(a)	while performing duty in an armoured car or similar vehicle; or
(b)	while on enclosed land before entering, or after leaving, an armoured car or similar vehicle.

Maximum penalty 20 penalty units.

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Safe carriage of pistols

73. A security guard who carries a pistol must observe the following requirements:

(a)	the pistol must be carried in a holster worn by the person; and
(b)	the shape and size of the holster is to be consistent with, and suitable for, the shape and size of the weapon to be carried; and
(c)	the holster, when worn in conjunction with a belt, must be secured firmly to the belt; and
(d)	if the holstered pistol is concealed by clothing, the holster may be designed to allow free access to the pistol, but otherwise the holster must be designed with a thumb-break safety strap and with the trigger not exposed or alternatively with a covering flap so as to conceal the weapon from view; and
(e)	any such holster worn by a security guard other than a holster with a complete covering flap must be of a type approved by the Commissioner.

Maximum penalty 20 penalty units.

Safe storage of firearms

74. (1) Except as provided by subclauses (3) and (4):

(a)	an employer of security guards must keep in a store firearms with which employees are issued at all times when the employees are not on duty and
(b)	a security guard must return the firearm to the employer’s store of weapons at the end of any period of duty in which the employee has carried it.

(2) The employer must make provision for the storage of the firearms so as to ensure that they are secured in such a manner as would reasonably prevent their removal otherwise than by the employer or an authorised employee.

(3) Despite subclause (13, an employee may, with the ernployer’s permission, retain possession of a pistol between periods of duty, but only if the employer is satisfied that the pistol will be stored in such a manner as would reasonably prevent its removal otherwise than by, or with the authority of, the employee.

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(4) An employee may retain possession of a pistol between periods of duty only if:

while the employee is at work or at home and the pistol is not being stored in accordance with this regulation or the employee is making the journey from one such place to the other, it is carried by the employee or on the employee’s person; and
while the employee is at home and the pistol is not being so carried, it is stored at the employee’s home in accordance with such security measures as may from time to time be notified to the employer by the Commissioner.

The security measures notified under subclause (4) are not (except to the extent that the Commissioner may see fit in a particular
case) to be more stringent than the measures for the time being
required in respect of the storage of pistols by persons holding licences
under the Act.

(6) If an employer permits an employee to retain possession of a pistol between periods of duty, the employer must sight the pistol at least once a fortnight (or, if the employer is a body corporate, cause it to be so sighted by an officer of the employer).

(7) This clause applies to ammunition in the same way as it applies to firearms.

Maximum penalty 20 penalty units.

Record of weapons to be kept by security employers

75. (1) An employer of security guards must keep in an approved

form:

(a)	a register in which are kept particulars of acquisition of firearms by, and of disposal of firearms and ammunition by, the employer; and
(b)	a register in which are kept particulars of the names of all employees who are to be issued with firearms and of the periods for which they have on issue each firearm possessed by the employer.

(2) The employer must ensure that each register is maintained in a book of not less than 100 pages in the following manner:

the headings of each page are to be machine printed;

a manner that will prevent any

the pages are to be bound in

page being readily removed;

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each page is to be machine numbered consecutively;
entries are to be made in black or blue ink and any alteration
to an entry shall be made by interlineation or striking out and
not by erasure;
no page is to be extracted.
The employer must:
ensure that each register is kept in a place of safe keeping (not
being a place in which any firearms are kept) at the place of
business of the employer; and
ensure that each register is preserved for not less than 3 years
after its completion; and
ensure that an appropriate entry is made in the register referred
to in subclause (1) (a) within 24 hours of the acquisition,
disposal or servicing of a pistol, shotgun or spare barrel; and
ensure that an appropriate entry is made in the register referred
to in subclause (1) (b) when any pistol, shotgun, spare barrel or
ammunition is transferred from the store of weapons of the
employer to the custody of an employee and when it is returned

to the store of weapons; and

upon request made at any time by a member of the Police Force, immediately produce any such register to the member

and permit the member to inspect, and make copies of any

entry contained in, the register.
Maximum penalty: 20 penalty units.

Maintenance of firearms

76. (1) An employer of security guards must cause each firearm issued to an employee to be inspected once every 3 months by some competent person to ascertain its working condition.

(2) A person who:
(a) carries on the business of a security guard; or

employs security guards in the course of carrying on a business,

must cause each firearm used in the business to be serviced at least
once a year by a gunsmith.

(b)

Maximum penalty: 20 penalty units.

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Training

77. (1) A security guard who is employed by another person, who is required to carry a pistol and who does not hold a pistol licence must, before entering into duty that involves having custody of a pistol, undertake a pistol safety test conducted by the employer, being a test set or approved by the Commissioner.

(2) A security guard who carries a firearm must undertake shooting
practice, of a kind approved by the Commissioner, at least once a year.
(3) An employer of security guards must ensure that subclause (2)

is complied with by the persons employed as security guards by the

employer.

Maximum penalty 20 penalty units.

PART 8 - MISCELLANEOUS

Fees 78. (1) The fees prescribed in Schedule 5 are payable for the matters

to which they relate.

(2) The Commissioner may refuse to provide any service (such as the
issuing of a licence or permit, or the carrying out of an inspection) for
which a fee is prescribed until the fee has been paid for the service.
(3) The Commissioner may, for such reason as the Commissioner

considers sufficient, waive or wholly or partly refund a fee that would

otherwise be payable or has been paid.

(4) A pensioner (within the meaning of paragraph (a) or (b) of the definition of "pensioner" in section 3 (1) of the Motor Vehicles Taxation Act 1988) is exempt from the requirement to pay a fee for a shooter licence.

(5) A person whose principal or only occupation is the business of a primary producer is exempt from the requirement to pay a fee for a shooter licence, but only if the firearms for which the licence is sought are intended to be used solely in connection with farming or grazing activities on land occupied by the person.

(6) A person is exempt from the requirement to pay a fee for a minor's firearms permit.

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(7) An applicant for, and a holder of, a pistol licence that authorises only the possession and use of a firearm (such as a Very pistol) designed for firing distress flares only is exempt from any requirement to pay a fee in respect of the licence.

Firearms safety training course and testing

79. (1) The Commissioner may approve firearms safety awareness courses and approve as instructors for those courses persons certified by the New South Wales Shooting Association to be accredited fire arms safety instructors.

(2) A person approved as an instructor for any such course ceases to be so approved if the person ceases to be the holder of a shooter licence that authorises the person to possess firearms to which the course relates.

(3) The Commissioner may approve firearms safety tests and firearms law knowledge tests.

(4) A person who:

(a)	dishonestly attempts to obtain a certificate or any other document that purports to be evidence of the person’s having passed a firearms safety test or firearms law knowledge test; or
(b)	knowingly is in possession of any such certificate or other document that has been dishonestly obtained and attempts to use it, or uses it, for a dishonest purpose; or

(c) dishonestly issues any such certificate or other document,

is guilty of an offence.

Maximum penalty 20 penalty units.

Registration certificates

88. (1) The Commissioner may issue to the holder of a licence one or more registration certificates specifying a pistol or pistols to which the. licence relates.

(2) The Commissioner may, by written notice served on the holder of a licence, cancel any registration certificate issued to the holder.

(3) While a permit to purchase a pistol or pistols issued to the holder of a licence is in force, the permit is to be taken to be a registration certificate issued to the holder for the pistol or pistols specified in the permit.

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(4) In this clause, "licence" means:

(a)	a personal pistol licence, a business pistol licence, a club pistol licence, a target pistol licence or a blank fire pistol licence; or
(b)	a firearms collector licence or a firearms museum licence authorising its holder to possess pistols.

Lost, stolen or destroyed registration certificates
81. A person to whom a current registration certificate has been issued must, within 7 days after becoming aware that the certificate has been lost, stolen, destroyed, defaced or mutilated, notify the Commissioner in writing of that occurrence.

Maximum penalty 20 penalty units.

Application for duplicate registration certificate

82. (1) The Commissioner may, on being satisfied that a registration certificate has been lost, stolen, destroyed, defaced or mutilated, and after payment of the appropriate prescribed fee (if any), issue a duplicate registration certificate.

(2) An application for a duplicate registration certificate must be made in a form approved by the Commissioner and lodged with the Firearms Registry.

Change of particulars on registration certificate

83. (1) The holder for the time being of a licence for which a registration certificate has been issued must, within 7 days of the date of the change, notify the Commissioner in writing of any change in:

(a) the usual place of residence of the holder; or

(b) any other particular (such as the name of the holder) stated in the registration certificate.

(2) If a change required to be so notified relates to a particular stated

registration certificate, the holder must:
when notifying the change, pay the prescribed fee for altering
the particulars and the issue of a replacement registration
certificate; and
within 7 days after receiving the replacement registration

certificate, surrender the original registration certificate at the police station nearest to the usual place of residence of the holder.

Maximum penalty 20 penalty units.

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Annual inspections of pistols

84. (1) The holder of a personal pistol licence or a business pistol licence that in either case only authorises the holder to possess less than 10 pistols must ensure that, in accordance with a notice served on the holder by the Commissioner:

(a)	every such pistol is presented annually for inspection at a police station together with the prescribed fee; and
(b)	a certificate of inspection is obtained by the holder at each such time from a member of the Police Force for every such pistol.

Maximum penalty 20 penalty units.
(2) The holder of a business pistol licence that authorises its holder

to possess 10 or more pistols or of a club pistol licence or a target pistol licence must ensure that, in accordance with a notice served on the holder by the Commissioner:

(a)	each pistol to which the licence relates is inspected annually by a person approved by the Commissioner; and
(b)	a certificate of inspection is made out and returned to the Commissioner.

Maximum penalty 20 penalty units.

(3) The holder of a firearms dealer licence or of a pistol collector licence (other than a pistol collector licence that authorises only the possession of antique pistols) must ensure that, in accordance with a notice served on the holder by the Commissioner:

(a)	each pistol to which the licence relates is inspected annually by a member of the Police Force at the premises to which the licence relates; and
(b)	a certificate of inspection is obtained at every such time by the holder from a member of the Police Force for each such pistol.

Maximum penalty 20 penalty units.

(4) The holder of a pistol collector licence that authorises only the possession of antique pistols or of a firearms museum licence must ensure that, in accordance with a notice served on the holder by the Commissioner:

(a) each pistol to which the licence relates is inspected each 3 years by a member of the Police Force at the premises to which the licence relates; and

1990 - No. 295

(b) a certificate of inspection is obtained at each such time by the holder from a member of the Police Force for each such pistol.

(5) Nothing in this clause prevents the charging of a prescribed fee for the carrying out of an inspection or the giving of a certificate by a member of the Police Force.

(6) A notice served on the secretary or captain of an approved pistol club is to be taken to have been served on each member of the club for the purposes of this clause.

Maximum penalty 20 penalty units.

(7) A person required to have a pistol or pistols inspected under this clause must, when the pistol or pistols are produced for inspection, also produce for inspection each pistol barrel possessed by the person, whether or not it is a spare barrel.

Pistols and spare barrels for pistols - lost, stolen or destroyed

85. The holder of any licence or permit authorising the holder to have possession of one or more pistols must, within 24 hours after becoming aware of the loss, theft or destruction of any pistol or spare barrel to which the licence or permit relates that was in the possession of the holder, notify the member of the Police Force in charge of a police station in a form approved by the Commissioner of that loss, theft or destruction.

Maximum penalty 50 penalty units.

Pistols and spare barrels for pistols - notice of acquisition, sale or disposal

86. Any person who acquires, sells or otherwise disposes of a pistol or a spare barrel for a pistol must notify the Commissioner within 7 days of the transaction in a form approved by the Commissioner.

Maximum penalty 20 penalty units.

Use of mail for forwarding pistols

87. (1) A person must not forward a pistol or spare barrel for a pistol to another person by mail unless:

(a) the address to which the pistol or spare barrel is forwarded is outside New South Wales; and

1990 - No. 295

(b) the pistol or spare barrel is forwarded by registered mail; and
(c) the other person would not, because of:

(i)         receiving the pistol or spare barrel; or

(ii)        being in possession of the pistol or spare barrel,

at the place to which it is forwarded, be guilty of any offence
under any law which applies at that place.

(2) A person must not request another person, whether the other person is within or outside New South Wales when the request is made, to forward a pistol or spare barrel by mail to an address in New South Wales, whether or not the request is made in writing or in connection with the purchase by the person of the pistol or spare barrel.

(3) A person shall be considered as having made such a request if the person accepts an offer made by another person within or outside New South Wales to forward a pistol or spare barrel by mail to an address within New South Wales.

(4) In this clause, "spare barrel" means a spare barrel for a pistol.

Maximum penalty (subclauses (1) and (2)): 20 penalty units.

Numbering of pistols and spare barrels

88. (1) The Commissioner may, by notice in writing served on a person who has possession of a pistol or spare barrel, allot a number in respect of the pistol or spare barrel.

(2) A person (including the holder of a dealer's licence) must not have possession of a pistol or spare barrel or a blank fire pistol in respect of which a number has been allotted by the Commissioner in accordance with this clause unless that number has been imprinted on it in the following manner:

(a)	in the case of an antique pistol - by engraving the number in either a concealed or an exposed position; or
(b)	in the case of a pistol (not being an antique pistol) or a blank fire pistol - by stamping or, with the approval of the Commissioner, by engraving the number in an exposed position on the frame of the pistol; or
(c)	in the case of a spare barrel - by stamping or engraving on the outer surface,

1990 - No. 295

in numerals not less than 2 millimetres in height, on a metal part of the

pistol, spare barrel or blank fire pistol, as the case may be.

Maximum penalty 20 penalty units.

(3) A person is not guilty of an offence under this clause in respect

of having possession of a pistol:

(a)	if the person did not know and had no reason to suspect that a number had been allotted by the Commissioner in respect of the pistol; or
(b)	if the person, being a pistol dealer, replaces a barrel which is so damaged or worn as to require its replacement, and that barrel and all particulars as required in relation to that replacement are supplied in writing to the Commissioner within 28 days of replacing it.

Notice of unidentified pistol or spare barrel

89. A dealer who has, or acquires, possession of a pistol or spare barrel for a pistol which is not separately numbered or not clearly numbered must immediately notify the Commissioner in writing of the possession of that pistol or spare barrel.

Maximum penalty 20 penalty units.

Advertising by licensees

90. (1) The holder of a licence authorising the possession of a firearm is guilty of an offence if the number of the licence is not stated or displayed in each advertisement relating to firearms or firearm parts that is authorised or displayed by the holder.

(2) A dealer is guilty of an offence if the number of the firearms dealer licence that relates to the dealer is not stated or displayed in each advertisement relating to the business of the dealer that is authorised or displayed by the dealer.

Maximum penalty 10 penalty units.

Spearguns
91. (1) A person under the age of 14 years must not purchase, sell or otherwise transfer, carry or use a speargun or have a speargun in his or her possession.

Maximum penalty 10 penalty units.
1990 - No. 295

(2) A person must not sell or otherwise transfer a speargun to a person under the age of 14 years.

Maximum penalty 20 penalty units.

(3) A person is not guilty of an offence under this clause arising out

anything done by the person as an employee of the holder of a

firearms dealer licence or of a common carrier or warehouseman if the thing is done in the ordinary course of his or her employment; or

carrying or using a speargun or having possession of a speargun

if the person ordinarily resides with, or is an employee of, a person carrying on business on any land as a farmer, grazier, orchardist or agriculturalist and does so on that land; or

transferring a speargun to a person under the age of 14 years,

who, because of paragraph (b), is not guilty of an offence by
having possession of the speargun.

Applications for renewal

92. (1) This clause applies to a person only if:

(a) the person has duly made an application under the Act or this Regulation for:

(i)         a licence for a firearm or for a firearms dealer licence for premises (being a licence referred in this clause as the further licence); or

(ii)        approval of a shooting range as a pistol shooting range or as a firearms shooting range or of a club as a pistol club (being the approval referred to in this subclause as the further approval); and

(b) the licence or approval applied for has not been issued or refused.

(2) A person to whom this clause applies is exempt from any requirement of the Act or this Regulation:

(a) to hold, for the firearm, firearms or premises to which the person’s earlier licence related, a licence of the same type as the earlier licence; or

1990 - No. 295

(b) to have approval for use of the shooting range or for the club to which the person’s earlier approval related for the same purpose as was permitted by the earlier approval,

from the expiry of the earlier licence or earlier approval until the person is notified of the issue of or refusal of the further licence ox further approval.

Interstate shooters

93. A person who is a resident of:
(a) the State of Victoria, South Australia or Western Australia; or
(b) the Australian Capital Territory or the Northern Territory,

is exempt from any requirement made by the Act to be the holder of a current shooter licence if the person is the holder of a current shooter’s licence (or an instrument conferring equivalent authority) issued under the law in force in that State or Territory.

Pistols acquired for bank use

94. (1) An employee of a bank who is over the age of 18 years is exempt from the requirements made by sections 5 and 6 of the Act to be authorised by a licence or permit to possess or purchase a pistol that:

(a) is bought by the employee in the ordinary course of his or her duties as an employee of the bank; and

(b) has not been taken into use by the bank.
(2) A bank is exempt from the requirement made by section 5 of the

Act to be authorised by a licence or permit to possess a pistol that is held in secure storage by the bank but has not been taken into use.

Exemptions relating to government agencies

95. Persons specified in Schedule 6 are exempt from the requirements made by section 5 of the Act to be authorised by a licence or permit to possess or use a firearm set out in that Schedule in respect of them, but only in the circumstances prescribed in that Schedule.

Exemption relating to prohibited weapons

96. A person who is authorised to have possession of or to use a
firearm by a permit under the Prohibited Weapons Act 1989 is exempt

1990 - No. 295

from the requirement to be authorised by a licence or permit under the

Act to possess or use the firearm.

Exemption relating to approved ranges
97. A member of a firearms club approved by the Commissioner is exempt from the requirement made by section 5 of the Act to be authorised by a licence or permit to possess or use a firearm (not being a pistol or prohibited weapon) if the member does so:

while participating in firearms target shooting at an approved

firearms range as a member of the club; and

who is the holder of a shooter licence that authorises the other

while under the supervision of another person holding office as a range officer appointed by an approved firearms club and

person to possess and use the firearm.

Firearms amnesties

98. If the Minister, by order published in the Gazette, declares that any firearms or ammunition may be surrendered:

(a) at any police station or other nominated place; and
(b) during a specified period,,

a person is, during that period, exempt from any requirement of the Act to hold a licence or permit authorising possession of the firearm or ammunition, but only for the purpose of surrendering any such firearm or ammunition in accordance with such guidelines as may be fixed by the Commissioner with the approval of the Minister.

Transitional arrangements for certain pistol licences

99. (1) This clause applies to a licence that is in force and that was issued for the purpose of authorising the possession, or the possession and use, of a pistol specified in the licence, being a licence issued:

(a)	before 1 July 1990, under the Firearms and Dangerous Weapons Act 1973; or
(b)	on or after 1 July 1990, but before 1 January 1991, under the Firearms Act 1989.

(2) For the purposes of Schedule 2:

(a) a pistol specified in a licence to which this clause applies is to be taken to be specified in a current registration certificate issued to the holder of the licence; and

1990 - No. 295

(b) the purpose which the holder of the licence stated in the application for the licence as the purpose for which possession, or possession and use, of the pistol was required is to be taken to be the purpose for which the pistol may be possessed, or possessed and used, specified in such a certificate of registration.

SCHEDULE 1 - CLASSES OF TARGET PISTOLS

(Cl. 3)

1.      Air or gas operated pistols, being air or gas operated pistols suitable for precision target shooting of a calibre of 4.5 mm fitted with a rear sight adjustable both laterally and vertically by precision adjusting devices.

2.     Centre fire pistols, being centre fire pistols suitable for precision target shooting of a calibre from 6 mm-11.43 mm inclusive.

3.      Muzzle loading pistols, being muzzle loading wheel lock, flint lock or percussion cap pistols suitable for precision target shooting of a calibre from 7.6 mm-19.05 mm inclusive, but not including:

(a) an antique pistol, as defined in Schedule 2; or
(b) a multi-barrelled pistol; or
(c) a pistol with a barrel length less than 10 cm.

4.     Rimfire pistols, being rimfire pistols suitable for precision target shooting of a calibre of 5.6 mm.

1990 - NO. 295

SCHEDULE 2 - AUTHORITY CONFERRED BY LICENCES

(Cll. 11-13)

Column 1	Column 2	Column 3
Classes of	Type or types of	Authority conferred

licences firearms

Personal pistol

Pistols

Authorises the holder to possess

licences

and use the pistol or pistols specified in current registration certificates issued to the holder, but

only for the purpose so specified for

each pistol concerned

Business pistol

Pistols

Authorises the holder and (subject

licences

to the conditions of the licence):

(a)	employees and officers of the corporation specified on the licence; or
(b)	employees and partners of the partnership so specified; or

(c) employees of the individual so

specified,

who are eligible to be applicants for pistol licences (and who are approved for the time being by the Commissioner for the purpose of having access to and possession of, and using, the pistol or pistols) to possess and use the pistol or pistols specified in current registration certificates issued to the holder, but

only for the purpose so specified	for
each pistol	concerned

Club	pistol	Target pistols	Authorises the holder and (subject
licences	to this Regulation and the conditions of the licence) each member of the approved pistol club that is specified in the conditions of or on the licence to possess and use, for the purpose of target shooting, the target pistol or target pistols specified in current registration
certificates issued to the holder

1990 - No. 295

Column 1	Column 2	Column 3
Classes of	Type or types of	Authority conferred

licences firearms

Target pistol	Target pistols	Authorises the holder to possess
licences	and use, for the purpose of target shooting, the target pistol or target pistols specified in current registration certificates issued to the holder
Scientific pistol	Pistols	Authorises the holder and em-
licences	ployees of any corporation, partnership or individual specified on the licence who are eligible to be applicants for pistol licences to possess and use pistols for the purposes relating to research specified on the licence
Blank fire pistol	Blank fire pistols	Authorises the holder and, with
licences	the consent of the holder, other persons to possess and use the pistol or pistols specified in current registration certificates issued to the holder, but only for the purpose so specified for each pistol concerned
Pistol collector	*1. Antique pistols	Authorises the holder to possess, at
licences	#2. Pistols rnanufac-	the premises for the time being

tured before 1946	notified to the Commissioner for the purpose, the pistol or pistols specified in current registration certificates issued to the holder
If it authorises the holder to possess an antique pistol, also authorises the holder to possess the pistol while carrying it between those specified premises and other premises at which

1990 - NO. 295

Column 1	Column 2	Column 3
Classes of	Type or types of	Authority conferred

licences firearms

(a)	a meeting of a club for antique firearm collectors is held; or
(b)	an exhibition of antique firearms is held; or
(c)	research is to be conducted concerning the pistol, but only if the other premises are specified in the licence of another holder of a firearms collector licence,

and to possess the pistol while it is at the other premises for the purposes of the meeting, exhibition or research

Shooter licences	All firearms (except	Authorises the holder (and, for the
pistols or prohibited	purpose of shooting at an approved
weapons)	movable shooting range, any other person under the personal supervision of the holder) to possess and use, for any lawful purpose,
firearms (except pistols or
prohibited weapons)
Firearms dealer	1. Pistols	Authorises the holder (and, if such a
licences	2. All firearms	licence is endorsed as issued on be-

(except pistols or	half of another person, the other
prohibited	person) and, when acting in the
weapons)	course of their employment, employees of the holder (or of any such other person) when under the immediate supervision of the holder to possess, use, manufacture, buy, sell, transfer or repair (in the course of carrying on a business), at the premises specified in the conditions of or on the licence:

1990 - NO. 295

Column 1 Column 2 Column 3

Classes of Type or types of	Authority conferred
licences	firearms

(a)	if the licence specifies it was issued for pistols - the pistol or pistols specified in current registration certificates issued to the holder; and
(b)	if the licence specifies it was issued for other firearms - any firearms (except pistols or prohibited weapons)

Firearms museum All firearms (except Authorises the holder to

prohibited weapons) possess, at the premises specified on the licence, any firearms (except prohibited weapons)

NOTES:

* Antique pistols means pistols manufactured before 1900:

(a)	that are not capable of discharging breech-loaded cartridges; or
(b)	for which, in the opinion of the Commissioner of Police, ammunition is not commercially available.

# Pistol collector licences for pistols many actuated before 1946 (other than

antique pistols) will not be issued before 1 January 1991.

SCHEDULE 3 - PRESCRIBED CONDITIONS OF LICENCES

(Cl. 14)

Business pistol licences

The licence does not authorise anyone under the age of 18 years to possess or use a pistol to which it relates.

Target pistol licences

The licence does not authorise anyone under the age of 48 years to possess or use a target pistol to which it relates.

1990 - NO. 295

Blank fire pistol licences

Only blank ammunition may be used in the pistol to which the licence relates.

The pistol must not be used for any purpose other than a purpose notified to the holder by the Commissioner of Police.

The licensee is not to part with possession of the pistol for more than 24 hours at any one time, except when leaving it with a member of the Police Force or a licensed dealer.

Firearms dealer licences

The licence does not authorise anyone under the age of 18 years to possess, use, manufacture, buy, sell, transfer or repair a pistol.

SCHEDULE 4 - DISQUALIFYING OFFENCES

(Cl. 21)

Offences relating to narcotics

1. (1) An offence under the Drug Misuse and Trafficking Act 1985, being an offence committed in respect of a prohibited plant or prohibited drug within the meaning of that Act.

(2) An offence committed before the commencement of the Drug Misuse and Trafficking Act 1985 under the Poisons Act 1966 or the regulations under the latter Act, being an offence committed in respect of a restricted substance prescribed for the purposes of the Poisons Act 1966 or in respect of:

(a) a drug of addiction; or
(b) a prohibited drug; or

(c) a prohibited plant,

within the meaning of the Poisons Act 1966.

(3) An offence committed outside New South Wales which, if the offence had been committed within New South Wales, would be an offence prescribed by subclause (1) or (2).

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Offences involving violence

2. An offence committed within or outside New South Wales by a person, being an offence:

(a) in the course of the commission of which the person Wilfully caused .or attempted wilfully to cause actual bodily harm to another person; and

(b) in respect of which:

(i)        the person has been sentenced to penal servitude or imprisonment for not less than 28 days or for the term of the person’s life; or

(ii)        a penalty of not less than $200 has been imposed upon the person.

Other offences under Australian Acts
3. Any offence committed within or outside New South Wales under any of the following Acts, and which relates to the possession or use of firearms:

Commonwealth

Air Navigation Act 1920
Crimes Act 19314
Crimes (Aircraft) Act 1963
Crimes (Hijacking of Aircraft) Act 1972
Crimes (Protection of Aircraft) Act 1973
National Parks and Wildlife Conservation Act 1975
Wildlife Protection (Regulation of Exports and Imports) Act 1982

New South Wales

Crimes Act 1900
Forestry Act 1916

National Parks and Wildlife Act 1974

Northern Territory

Criminal Code Act 1983

Firearms Act (No. 2) 1979

Queensland

The Criminal Code
Firearms and Offensive Weapons Act 1979
National Parks and Wildlife Act 1975

1990 - NO. 295

South Australia

Criminal Law Consolidation Act 1935
Firearms Act 1977

National Parks and Wildlife Act 1972

Tasmania

Criminal Code Act 1924
Firearms Act 1932

National Barks and Wildlife Act 1970

Victoria

Crimes Act 1958
Firearms Act 1958
National Parks Act 1975

Wildlife Act 1975

Western Australia

Conservation and Land Management Act 1984
The Criminal Code

Firearms Act 1973

Offences under foreign laws

4. Any offence committed under a law of a State, Territory or country outside Australia which relates to the possession or use of firearms or of any articles or devices which are prohibited articles or prohibited weapons.

1990 - NO. 295

SCHEDULE 5 - FEES

(Cl. 78)

PART 1 - LICENCES, PERMITS AND DUPLICATES ISSUED

FOR FIXED TERMS BEFORE 1 JANUARY 1991

TYPE OF LICENCE APPLICATION

FEE

$

Personal pistol licence	27 (per pistol)
Business pistol licence	54 (per pistol)
Pistol collector licence
(restricted to antique pistols)	25
Club pistol licence	11 (per pistol)
Target pistol licence	11 (per pistol)
Blank fire pistol licence	11 (per pistol)
Shooter licence
3 year term	25
1 year term	10

Firearms dealer licence (not authorising dealing in pistols)

held as dealer	217
held on behalf of dealer	325
held as club armourer	22

Firearms dealer licence (authorising dealing in pistols)

held as dealer	220
held on behalf of dealer	325
held as club armourer	22
TYPE OF PERMIT	APPLICATION

FEE

$

Permit for tranquilliser firearms 22 (per firearm)

1990 - No. 295

Other permits	25
DUPLICATES	FEE $
Shooter licence	5
Pistol licence	2
Minor’s permit	1
Other permits	2

1990 - NO. 295

PART 2 - LICENCES, PERMITS AND DUPLICATES ISSUED

WITHOUT FIXED TERMS ON OR AFTER 1 JANUARY 1991

AND APPROVALS AND INSPECTIONS

TYPE OF LICENCE APPLICATION

FEE

$

Personal pistol licence	50
Business pistol licence	500

Pistol collector licence

restricted to antique pistols	50
not restricted to antique pistols	50
Club pistol licence	100
Target pistol licence	50
Scientific pistol licence	200
Blank fire pistol licence
for use in a business	200
not for use in a business	50
Shooter licence	50
Firearms	dealer licence

held	as dealer	1000
held	on behalf of dealer	1500
held	as club armourer	100
Firearms	museum licence	100

TYPE OF PERMIT APPLICATION

FEE

$

Permit for tranquilliser firearms

for use in a business	200
not for use in a business	100
Other permits	25
TYPE OF APPROVAL	APPLICATION

FEE
$

1990 - NO. 295

Approval of a shooting range 100

DUPLICATES FEE

$

Duplicate of a licence, permit or approval 10

* INSPECTIONS FEE

$

Inspection of less than 10 pistols at a police station 30 (per
annum)

Inspection of firearms and premises (if firearms not required to be produced at police station) payable by

holder of pistol collector licence not restricted to	100 (per
antique pistols or of firearms dealer licence	annum)
holder of pistol collector licence restricted to antique	50 (per 3
pistols	years)
Inspection of firearms and premises subject to firearms	50 (per 3
museum licence	years)
Inspection of firearms range in accordance with conditions	100 (per
of approval	annum)

* NOTE: No separate inspection fee is payable for initial issue of a licence or

approval.

SCHEDULE 6 - EXEMPTIONS RELATING TO GOVERNMENT
AGENCIES

(Cl. 95)

Department of Agriculture and Fisheries

1. (1) Inspectors under the Stock Diseases Act 1923: possession and use of captive bolt pistols, but only for the purpose of exercising or performing their functions under that Act (such as the destruction of diseased stock).

(2) Inspectors under the Apiaries Act 1985: possession and use of shotguns, but only for the purpose of taking samples of blossom from trees in connection with evaluation of honey production.

1990 - NO. 295

Department of Industrial Relations and Employment

2. Inspectors under the Dangerous Goods Act 1975: possession and use of starting pistols, but only for the purpose of demonstrating or testing them while exercising or performing their functions as such inspectors.

Department of School Education

3. Security officers employed by the Department of School Education: possession and use of pistols, but only for the purpose of exercising or performing their functions as such security officers.

Forestry Commission of New South Wales

4. Officers of the Forestry Commission of New South Wales: possession and use of firearms, but only for the purpose of shooting vermin, clearing overhead hazards, firing incendiaries or collecting seed while exercising or performing their functions as such officers.

National Parks and Wildlife Service

5. Officers of the National Barks and Wildlife Service:

(a)	possession and use of rifles, shotguns and pistols, but only for the purposes of feral animal control, and fire and wildlife management, while exercising or performing their functions as such officers; and
(b)	possession of firearms as a consequence of their lawful seizure by such officers, but only for the purpose of surrendering them to a member of the Police Force.

Pastures Protection Boards

6. Officers of Pastures Protection Boards: possession and use of rifles and shotguns, but only for the purpose of exercising or performing their functions as such officers (for example, by destroying diseased stock or vermin).

Police Department

7. (1) Student police officers employed in the Police Department: possession and use of pistols and rifles, but only for the purpose of training as police officers.

1990 - NO. 295

(2) Security officers employed by the Police Department: possession and use of pistols, but only for the purpose of exercising or performing their functions as such security officers.

Water Board

8. (1) Security officers employed by the Water Board: possession and use of pistols, but only for the purpose of exercising or performing their functions as such security officers.

(2) Rangers employed by the Water Board: possession and use of rifles, but only for the purpose of destroying vermin within the Board's catchment areas while exercising or performing their functions as such rangers.

Zoological Parks Board

9. Officers employed by the Zoological Parks Board: possession and use of pistols, rifles and net guns, but only for the purpose of pest control, culling of animals, veterinarian work or the recapture or destruction of escaped animals while exercising or performing their functions as such officers.

NOTE

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1.     Citation

2.     Commencement

3. Definitions
PART 2 - PRESCRIPTIONS FOR THE PURPOSES OF THE ACT

4.      "Firearms" not to include certain items

5.     Maximum size for a pistol

4.     Shortened firearms

7.     Suspension of licence or permit

8.     Where and when appeal to be made

9.     Certificate evidence

10.     Person who may be delegated functions of the Commissioner

1990 - No. 295

PART 3 - GENERAL PROVISIONS RELATING TO LICENCES
AND PERMITS
Division 1 - Licences

11.     Classes of licences

12.    Types of firearms

13.    Authority conferred by certain licences

14.     Prescribed conditions of licences

Division 2 - Permits

15.     General power to issue permits

16.     Restrictions on issue of permits

17.     Terms

18.    Conditions

Division 3 - Applications for licences and permits

19.     How applications are to be made

20.     "Cooling-off' period

21.     Offences that disqualify applicants

22.     Grounds for refusal of licences and permits

Division 4 - Supplementary provisions

23.     Licence or permit to be signed

24.     Lost, stolen or destroyed licence or permit

25.     Application for a duplicate licence or permit

26.     Change of particulars of licence or permit holder

27.    Revocation of licence or permit

PART 4 - ADDITIONAL PROVISIONS RELATING TO PARTICULAR

LICENCES AND PERMITS AND THEIR HOLDERS

Division 1 - Collector licences

28.    Additional restrictions on issue of pistol collector licences

29.     Duties of licensees

30.    Form of collector's record

Division 2 - Dealer licences

31.     Additional requirement for applications for firearms dealer licences

32.     Additional restrictions on issue of licences

33.     Endorsement of licences

34.     Change of premises

35.     Record of firearms

36.     Additional duties of dealers

37.    Security of displayed firearms

38.    Interstate transactions between dealers

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Division 3 - Pistol licences

39.     Restriction on issue: generally

40.    Restriction on issue: blank fire pistol licences

41.     Restriction on issue: business pistol licences

42.     Business pistol licences: change of holder

43.     Approval of employees etc.

44.     Records

45.     Safe keeping of records

46.     Restrictions on issue: club pistol licences

47.     Club pistol licences: change of holder

48.     Authority conferred by club pistol licences

49.    Restriction on issue: target pistol licences

Division 4 - Permits

50.    Permit to purchase a pistol

51.    Minor’s firearms permit

52.     Junior shooter’s target pistol permit

53.     Non-resident shooter permit

54.     Non-resident target shooter permit

55.     Non-resident permit to purchase a firearm

56.     Auctioneer’s firearms permit

57.    Permit to purchase firearm on leaving Australia

58.     Collector’s permit to carry a firearm

59.     Permit for tranquilliser firearms

PART 5 - PISTOL CLUBS

GO.	Approval of pistol clubs
61.	Revocation of approval of a pistol club
62.	Conditions of approval of a pistol club
63.	Appeals concerning club approvals
64.	Notice of membership changes
65.	Team managers

PART 6 - SHOOTING RANGES

66.     Approval of shooting ranges

67.     Revocation of approval of a shooting range

68.     Conditions of approval of a shooting range

69.     Appeals concerning shooting range approvals

70.     Use of unapproved shooting ranges prohibited

PART 7 - PERSONS ENGAGED IN THE SECURITY (PROTECTION)

INDUSTRY

71.   Definitions

72.    Restrictions relating to firearms and ammunition

73.     Safe carriage of pistols

74.     Safe storage of firearms

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75.     Record of weapons to be kept by security employers

76.     Maintenance of firearms

77.    Training

PART 8 - MISCELLANEOUS

78.     Fees

79.     Firearms safety training course and testing

80.     Registration certificates

81.     Lost, stolen or destroyed registration certificates

82      Application for duplicate registration certificates

83.     Change of particulars on registration certificates

84.     Annual inspections of pistols

85.     Pistols and spare barrels for pistols - lost, stolen or destroyed

86.     Pistols and spare barrels for pistols - notice of acquisition, sale or disposal

87.     Use of mail for forwarding pistols

88.     Numbering of pistols and spare barrels

89.     Notice of unidentified pistol or spare barrel

90.     Advertising by licensees

91.     Spearguns

92.     Applications for renewal

93.     Interstate shooters

94.     Pistols acquired for bank use

95.     Exemptions relating to government agencies

96.    Exemption relating to prohibited weapons

97.     Exemption relating to approved ranges

98.     Firearms amnesties

99.    Transitional arrangements for certain pistol licences

SCHEDULE 1 - CLASSES OF TARGET PISTOLS
SCHEDULE 2 - AUTHORITY CONFERRED BY LICENCE§
SCHEDULE 3 - PRESCRIBED CONDITIONS OF LICENCES
SCHEDULE 4 - DISQUALIFYING OFFENCES
SCHEDULE 5 - FEES

SCHEDULE 6 - EXEMPTIONS RELATING TO GOVERNMENT AGENCIES

EXPLANATORY NOTE

The object of this Regulation is to provide administrative detail so that the Firearms Act 1989 may commence.

The Regulation also:

(a)	requires reports to be made about the loss, theft or destruction of licences or permits issued under that Act or the Regulation; and
(b)	provides for the approval of pistol clubs and shooting ranges; and
(c)	regulates the possession and use of firearms by persons engaged in the Security (protection) industry; and

1990 - NO. 295

(d)	provides for the approval of firearms safety awareness courses by the Commissioner of Police; and
(e)	requires the annual inspection of pistols and the numbering of pistols and spare barrels for pistols; and
(f)	empowers the Minister to declare firearms amnesties during which firearms and ammunition may be surrendered at police stations.