Firearms Act 1996 (NSW)
An Act to provide for the regulation, control and registration of firearms; to repeal the Firearms Act 1989; to amend the Prohibited Weapons Act 1989; and for related purposes.
This Act is the Firearms Act 1996.
This Act commences on a day or days to be appointed by proclamation.
Different days may be appointed for the commencement of section 89 for the purpose of repealing different provisions of the Firearms Act 1989, or the Firearms Regulation 1990, on different days.
The underlying principles of this Act are—
(a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and
(b) to improve public safety—
(i) by imposing strict controls on the possession and use of firearms, and
(ii) by promoting the safe and responsible storage and use of firearms, and
(c) to facilitate a national approach to the control of firearms.
The objects of this Act are as follows—
(a) to prohibit the possession and use of all automatic and self-loading rifles and shotguns except in special circumstances,
(b) to establish an integrated licensing and registration scheme for all firearms,
(c) to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm,
(d) to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and supply of firearms,
(e) to ensure that firearms are stored and conveyed in a safe and secure manner,
(f) to provide for compensation in respect of, and an amnesty period to enable the surrender of, certain prohibited firearms.
(cf 1989 Act s 3, 1990 Reg cl 3)
In this Act—
(a) can propel, or is designed to propel, a projectile—
(i) by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive, or
(ii) by means of a spring, and
(b) is operated or designed for operation by means of a trigger or similar device.
(a) any article consisting of a cartridge case fitted with a primer and a projectile, or
(b) any article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile, or
(c) blank cartridges, airgun pellets, training cartridges or gas cartridges, or
(d) any other article prescribed by the regulations for the purposes of this definition.
(a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or
(b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or
(c) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.
(a) in the case of a revolver—the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder, or
(b) in any other case—the distance from the muzzle of the barrel to the point of the breech face (including the chamber) with the top slide forward and the breech face or bolt in a closed position,
and in either case includes an alteration of such kind as is approved by the Commissioner and that has been permanently attached to the barrel of the pistol.
(a) uses black powder to propel a projectile, and
(b) is not capable of being loaded with, or of discharging, breech-loaded metallic cartridges.
(a) who is a member of a shooting club approved by the Commissioner in accordance with the regulations, and
(b) who, in the opinion of the Commissioner, is the club armourer for that club.
(a) manufactures, acquires, supplies, tests, repairs or converts firearms or firearm parts, and
(b) possesses firearms or firearm parts for the purpose of doing anything referred to in paragraph (a),
and includes a theatrical armourer.
(a) an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, or
(b) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.
(a) is reasonably capable of being raised and fired by one hand, and
(b) does not exceed any dimension prescribed by the regulations.
(a) has custody of the firearm, or
(b) has the firearm in the custody of another person, or
(c) has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.
See also section 4A.
(a) offer for supply, receive for supply, have in possession for supply or expose or exhibit for supply,
(b) conduct negotiations for supply,
(c) consign or deliver for supply,
(d) cause or allow supply.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act—
(a) anything that would be a firearm if it did not have something missing from it, or a defect or obstruction in it, is taken to be a firearm, and
(b) any firearm that would be a prohibited firearm—
(i) if it did not have something missing from it, or a defect or obstruction in it, or
(ii) if it were not for the fact that something has been added to it,
is taken to be a prohibited firearm, and
(c) any collection of the component parts of a thing that if assembled would be a firearm or prohibited firearm (or would be a firearm or prohibited firearm if it did not have something missing from it, a defect or obstruction in it or something added to it) is taken to be a firearm or prohibited firearm (as appropriate).
For the purposes of this Act—
(a) if firearm parts are possessed, or being carried, by 2 or more persons, each of them is taken to be possessing or carrying the firearm, and
(b) a person who takes possession of anything under a hire-purchase agreement is taken to have acquired it and the person who possessed it immediately before parting with possession is taken to have supplied it.
Notes in the text of this Act (including bracketed matter in the headings to certain provisions) do not form part of the Act.
Without restricting the meaning of the word
(a) the firearm was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, or
(b) the person did not know and could not reasonably be expected to have known that the firearm was in or on the premises, or
(c) on the evidence before it, the person was not in possession of the firearm.
In this section,
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or licence holder, and by virtue of that interest or power is or will be able to exercise a significant influence over or with respect to the conduct of that business, or
(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or licence holder.
In this section—
(a) any interest in the capital or assets of the business, or
(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.
(a) to participate in any managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
In this Act,
(a) a pistol with a calibre of more than .38 inch,
(b) a self-loading pistol with a barrel length of less than 120 mm,
(c) a revolver with a barrel length of less than 100 mm,
but does not include any such kind of pistol that is a black powder pistol.
A prohibited pistol is not a prohibited firearm. Prohibited firearms are listed in Schedule 1 (see definition of
For the purposes of this Act, any pistol that would be a prohibited pistol—
(a) if it did not have something missing from it, or a defect or obstruction in it, or
(b) if it were not for the fact that something has been done to it (being something that, in the opinion of the Commissioner, is not in accordance with the recognised specifications for that pistol),
is taken to be a prohibited pistol.
This Act applies to an imitation firearm in the same way as it applies to a firearm, subject to the following—
(a) the Commissioner may not issue a licence authorising the possession or use of an imitation firearm (except to a firearms dealer) but may issue a permit authorising the possession or use of an imitation firearm,
(b) an imitation firearm is not required to be registered,
(c) the holder of a permit authorising the possession or use of an imitation firearm (a
possession or use permit ) is not required to be authorised by a permit to acquire an imitation firearm to which the possession or use permit applies.
For the purposes of the application (as provided by this section) of this Act to imitation firearms—
(a) an imitation firearm that is an imitation of a pistol is taken to be a pistol, and
(b) an imitation firearm that is an imitation of a prohibited firearm is taken to be a prohibited firearm.
Reference to a pistol includes a prohibited pistol. (See section 4C.)
In this section,
However, an imitation firearm does not include any such object that is produced and identified as a children’s toy.
(cf PW Act s 3 (4))
The regulations may amend Schedule 1—
(a) by adding the name or description of a firearm, or
(b) by amending a name or description of a prohibited firearm for the purpose of more accurately describing the firearm concerned.
(cf 1989 Act s 4, 1990 Reg cl 96A)
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as provided otherwise by this section).
A person is not guilty of an offence under this Act or the regulations only because of something done by the person while acting in the ordinary course of the person’s duties—
(a) as a police officer (or as a student police officer enrolled in the New South Wales Police Academy), or
(a1) as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or
(b) as a prison officer employed in Corrective Services NSW, Department of Justice, or
(c) as a police officer, or as a prison officer, of the Commonwealth, another State or a Territory, or
(d) as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged, or
(e) (Repealed)
(f) as, or under the authority of, the person in charge of a ship or an aircraft, but only for the purpose of having equipment of or on the ship or aircraft repaired or tested by a person authorised to do so by a licence.
A person is not guilty of an offence under section 7 or 7A only because of possessing a firearm or firearm part—
(a) that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator, or
(b) that has been seized by the person, under the authority of any Act or other law, in the course of the person’s duties as an employee or officer of a government agency or public authority, or
(c) while acting in the ordinary course of the person’s duties as a member (other than a police officer) of the Police Force.
A person who is a member of the Australian Navy Cadets, the Australian Cadet Corps or the Air Training Corps is not required to be the holder of a licence or permit to authorise the person to possess a firearm, but only while possessing it—
(a) for the purposes of activities of the Cadets or the Corps of which the person is a member, and
(b) in accordance with such guidelines as may be fixed by order of the Commissioner.
In this section—
(a) regulating organisations providing training, assessment or instruction in relation to possession or use of firearms, and
(b) providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and
(c) providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.
The State firearms regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent only that that section prevents the application of the State firearms regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to the use and possession of firearms regulated by this Act.
This section is taken to have had effect from 1 July 2011.
A person is exempt from any requirement under this Act to hold a licence or permit in respect of the possession of an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver.
A licence or permit will still be required to use any such firearm.
An antique firearm is not required to be registered. Accordingly, a person does not commit an offence under section 36 or 37 (2) in relation to an antique firearm.
A permit under section 31 to acquire a firearm is not required in the case of an antique firearm.
Sections 50, 50AA, 51 and 51A do not apply in relation to the supply or acquisition of an antique firearm or a firearm part for an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver or a firearm part for an antique revolver.
Sections 50 (b) and 51 (1) (b) (ii) and (1A) (b) (ii) do not apply in relation to the supply or acquisition of an antique revolver.
The possession of an antique firearm by a person in accordance with an exemption under this section is taken not to be possession for the purposes of section 51D.
In this section—
(a) in the case of a firearm other than a pistol—
(i) is not capable of discharging breech-loaded metallic cartridges, or
(ii) is a firearm the ammunition for which is determined by the Commissioner to be ammunition that is not commercially available, or
(b) in the case of a pistol—is not capable of discharging breech-loaded metallic cartridges.
Any determination by the Commissioner of the ammunition that is not commercially available for the purposes of this section must be published in the Gazette.
A person is exempt from any requirement under this Act to be authorised by a licence or permit to possess or use a firearm (other than a prohibited firearm) if the person possesses or uses the firearm only—
(a) at a shooting range approved by the Commissioner in accordance with the regulations and while under the supervision of a person who is authorised by a licence to possess or use a firearm of that kind, or
(b) while participating in a firearms safety training course approved by the Commissioner in accordance with the regulations and while under the supervision of a firearms instructor approved by the Commissioner in accordance with the regulations.
The level of supervision that is required for the purposes of this section is direct supervision so that the person supervising supervises one person only.
Any such exemption from the requirement to be authorised by a licence or permit to possess or use a firearm is subject to the requirements prescribed by the regulations.
This section does not apply in relation to a person who is under the age of 12 years.
(cf 1989 Act s 5, APMC 3)
A person must not possess or use a pistol or prohibited firearm unless the person is authorised to do so by a licence or permit.
Maximum penalty—imprisonment for 14 years.
Reference to a pistol includes a prohibited pistol.
Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person—
(a) uses a pistol or prohibited firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the pistol or prohibited firearm, or
(b) contravenes any condition of the licence.
If, on the trial for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 7A, it may find the person not guilty of the offence but guilty of an offence under section 7A, and the accused is liable to punishment accordingly.
A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.
Maximum penalty—imprisonment for 5 years.
Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person—
(a) uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or
(b) contravenes any condition of the licence.
(cf 1989 Act s 21, APMC 1, 3, 4)
The categories of licences, the firearms to which they apply, and the authority they confer, are as follows—
• Category A licence Firearms to which the licence applies: • air rifles
• rimfire rifles (other than self-loading)
• shotguns (other than pump action, lever action or self-loading)
• shotgun/rimfire rifle combinations.
All prohibited firearms are excluded from this licence category.
Authority conferred by the licence: The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.
• Category B licence Firearms to which the licence applies: • muzzle-loading firearms (other than pistols)
• centre-fire rifles (other than self-loading)
• shotgun/centre-fire rifle combinations
• lever action shotguns with a magazine capacity of no more than 5 rounds.
All prohibited firearms are excluded from this licence category.
Authority conferred by the licence: The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.
• Category C licence (prohibited except for limited purposes) Firearms to which the licence applies: • self-loading rimfire rifles with a magazine capacity of no more than 10 rounds
• self-loading shotguns with a magazine capacity of no more than 5 rounds
• pump action shotguns with a magazine capacity of no more than 5 rounds.
Any firearm referred to in item 6, 10 or 11 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.
Authority conferred by the licence: Authorises the licensee (and any employee of the licensee who is eligible to be issued with a licence and who is authorised by the Commissioner in writing, but only while carrying out duties in connection with the licensee’s farming or grazing activities) to possess or use—
(a) no more than one registered self-loading rimfire rifle with a magazine capacity of no more than 10 rounds that is specified in the licence, and
(b) no more than one registered shotgun to which the licence applies that is specified in the licence,
but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm and only on land used for primary production that is owned or occupied by the licensee or that immediately adjoins that land (provided the licensee has the written permission of the owner or occupier of that adjoining primary production land to possess or use the firearm on that land).
However, the number of firearms authorised under this licence category may be increased if a special need for more than one such rifle, or for more than one such shotgun, is established by the licensee to the satisfaction of the Commissioner (for example because of the size of the rural property concerned, or because the licensee is involved with more than one rural property).
• Category D licence (prohibited except for official purposes) Firearms to which the licence applies: • self-loading centre-fire rifles
• self-loading rimfire rifles with a magazine capacity of more than 10 rounds
• self-loading shotguns with a magazine capacity of more than 5 rounds
• pump action shotguns with a magazine capacity of more than 5 rounds
• lever action shotguns with a magazine capacity of more than 5 rounds
• any firearm to which a category C licence applies.
Any firearm referred to in item 5, 6, 9 or 10 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.
Authority conferred by the licence: The licensee is authorised to possess or use a registered firearm to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.
However, in the case of a licensee who is a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the authority conferred by the licence is restricted as follows—
(a) the licensee is authorised to possess or use no more than 3 registered firearms to which the licence applies,
(b) the licensee is authorised to use a firearm to which the licence applies only on the rural property specified in the licence.
• Category H licence (pistols) Firearms to which the licence applies: • pistols (including blank fire pistols and air pistols).
Prohibited firearms are excluded from this licence category.
Authority conferred by the licence: The licensee is authorised to possess or use a registered pistol, but only for the purpose established by the licensee as being the genuine reason for having the licence.
In the case of a category H (sport/target shooting) licence, the licensee is authorised to possess or use a registered pistol only for the purposes of participating in competitive shooting activities that are approved by the Commissioner.
A category H (sport/target shooting) licence does not authorise the possession or use of a prohibited pistol.
Despite the provisions referred to above in relation to this licence category, a category H licence authorises the possession or use of an antique revolver within the meaning of section 6A. However, a category H (sport/target shooting) licence does not authorise the possession or use of any such antique revolver that is a prohibited pistol.
• Firearms dealer licence Firearms to which the licence applies: • the kinds of firearms specified in the licence.
Authority conferred by the licence: In the case of a firearms dealer other than a club armourer or a theatrical armourer, authorises the licensee and (subject to the conditions of the licence and the regulations)—
(a) employees or directors of the corporation specified in the licence, or
(b) employees of the partnership so specified, or
(c) employees of the individual so specified,
who are eligible to be issued with a licence and who are authorised in writing by the Commissioner, to possess, manufacture, convert, acquire, supply, repair, maintain or test, in the course of carrying on the business of a firearms dealer, and only at the premises specified in the licence, any firearm to which the licence applies, and to possess, manufacture, acquire or supply ammunition for those firearms.
In the case of a club armourer, authorises the licensee to possess, manufacture, convert, acquire, supply, repair, maintain or test in the licensee’s capacity as a club armourer, and only at the premises specified in the licence, the firearms to which the licence applies, and to possess, manufacture, acquire or supply ammunition for those firearms.
The authority conferred by a firearms dealer licence issued to a club armourer is restricted to carrying out the person’s duties as club armourer for the club concerned.
In the case of a theatrical armourer, authorises the licensee to possess, use, manufacture, convert, acquire, supply, repair, maintain or test firearms (and blank cartridges for those firearms) in the licensee’s capacity as a theatrical armourer.
The authority conferred by a firearms dealer licence issued to a theatrical armourer extends to any employee of the licensee who is authorised in writing by the Commissioner.
• Firearms collector licence Firearms to which the licence applies: • the kinds of firearms specified in the licence.
Except as otherwise provided by this Act, post-1946 pistols are excluded from this licence category.
Any prohibited firearm (other than those firearms to which a category C licence or category D licence applies) is excluded from this licence category.
Authority conferred by the licence: The licensee is authorised to possess the firearms to which the licence applies for the purpose of a firearms collection.
The regulations may prescribe sub-categories in respect of category H licences and firearms dealer licences, and specify the authority conferred by each such sub-category.
The authority conferred by a licence is subject to this Act and the regulations.
(cf 1989 Act s 21 (2), APMC 1 (b), 3, 4)
A licence that authorises the licensee to have possession of a firearm also authorises the licensee to have possession of the firearm while—
(a) taking it to a licensed firearms dealer for the purpose of—
(i) selling it, or
(ii) having it converted, maintained, tested or repaired and subsequently recovering it from the dealer, and
(b) taking it to a police officer for the purpose of having it inspected and subsequently recovering it from a police officer, and
(c) taking it to a police officer for the purpose of surrendering it.
Subject to the regulations and except as provided by section 17A, a category C or category D licence does not authorise the possession or use of a prohibited firearm for the purposes of any shooting competition.
A firearms collector licence does not authorise the possession of ammunition for any firearm that is part of the firearms collection to which the licence relates.
(cf 1989 Act s 23, APMC 4, 5)
An application for a licence must be made in an approved manner and the fee prescribed by the regulations for the application must be paid when the application is made or as otherwise approved.
An applicant for a licence must—
(a) if the applicant is a natural person, be of or above the age of 18, and
(b) provide proof of the applicant’s identity in accordance with the requirements under the Financial Transaction Reports Act 1988 of the Commonwealth that apply in respect of the opening of a bank account, and
(c) provide such other particulars or documents as may be prescribed by the regulations.
An applicant, at the time of applying for a licence, is to be provided with the following—
(a) information concerning any firearms safety training course that is required by the regulations to be completed by the applicant,
(b) information concerning the firearm storage and safety requirements under this Act.
Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a licence.
Only persons of or above the age of 18 can apply for (and be issued with) a licence. However under section 32, minor’s firearms permits are available for certain minors (ie persons under 18 but who are of or above the age prescribed by the regulations). These permits authorise minors to possess and use firearms, under the supervision of a licence holder, for the purpose of receiving safe instruction in the use of firearms, and for competing in shooting events in the case of a minor’s target pistol permit.
(cf 1989 Act s 25, APMC 4, 5, 6)
The Commissioner may issue a licence in respect of an application, or refuse any such application.
A licence must not be issued until after the end of the period of 28 days following the day on which the application is made.
Subsection (2) does not apply if the application is for the renewal of a licence (including the renewal of a category A or B licence that involves the addition of either of those licence categories to the previous licence).
A licence must not be issued unless—
(a) the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace, and
(b) in the case of a person who has never held a licence (including a firearms licence under a previous Act), the applicant has completed, to the satisfaction of the Commissioner, such firearms training and safety courses as are prescribed by the regulations in respect of the licence concerned, and
(c) the Commissioner is satisfied that the storage and safety requirements set out in Part 4 are capable of being met by the applicant, and
(d) the Commissioner is satisfied that the person to whom the licence is to be issued is a resident of this State or is about to become a resident of this State.
Despite subsection (3) (b), the Commissioner may require an applicant for a licence to complete such firearms training and safety courses as are approved by the Commissioner in relation to the category of licence concerned.
Without limiting the generality of subsection (3) (a), a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of—
(a) the applicant’s way of living or domestic circumstances, or
(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or
(c) the applicant’s intemperate habits or being of unsound mind.
A licence must not be issued to a person who—
(a) is under the age of 18, or
(b) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or
(c) is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or
(c1) is subject to a serious domestic abuse prevention order or who has, at any time within 10 years before the application for the licence was made, been subject to a serious domestic abuse prevention order, other than an order that has been revoked, or
(d) is subject to one of the following in relation to an offence prescribed by the regulations—
(i) a good behaviour bond, whether entered into in New South Wales or elsewhere,
(ii) a community correction order imposed in New South Wales,
(iii) a conditional release order imposed in New South Wales, or
(e) is subject to a firearms prohibition order, or
(f) is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.
A licence must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that—
(a) the person is a risk to public safety, and
(b) the issuing of the licence would be contrary to the public interest.
The Commissioner is not, under this or any other Act or law, required to give any reasons for not issuing a licence on the grounds referred to in subsection (5A).
Except in the case of a firearms dealer licence or where the applicant’s genuine reason is business or employment, a licence must not be issued to a person who is not a natural person.
Despite any other provision of this section, the Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.
The regulations may provide other mandatory or discretionary grounds for refusing the issue of a licence.
(cf APMC 3, 1990 Reg cl 22A)
The Commissioner must not issue a licence that authorises the possession and use of a firearm unless the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm.
An applicant does not have a genuine reason for possessing or using a firearm if the applicant intends to possess or use the firearm for any of the following reasons—
(a) personal protection or the protection of any other person,
(b) the protection of property (other than in circumstances constituting a genuine reason as set out in the Table to this section).
Subsection (2) does not limit the reasons which the Commissioner may be satisfied are not genuine reasons for the purposes of justifying the possession or use of a firearm.
Subject to this Act, an applicant for a licence has a genuine reason for possessing or using a firearm if the applicant—
(a) states that he or she intends to possess or use the firearm for any one or more of the reasons set out in the Table to this section, and
(b) is able to produce evidence to the Commissioner that he or she satisfies the requirements specified in respect of any such reason.
The applicant must be a current member of a shooting club approved by the Commissioner in accordance with the regulations, and which conducts competitions or activities requiring the use of the firearm for which the licence is sought.
The applicant must—
(a) be the owner or occupier of rural land, or
(b) produce proof of permission given by the owner or occupier of rural land, or by an officer or employee of the National Parks and Wildlife Service, the Department of Primary Industries and Regional Development or other authority prescribed by the regulations, to shoot on rural land, or
(b1) produce proof of permission given by a land manager within the meaning of the Forestry Act 2012 to shoot on land in respect of which the land manager is authorised to exercise functions as land manager under that Act, or
(c) be a current member of a hunting club approved by the Commissioner in accordance with the regulations.
The regulations may provide for the manner and form in which any such permission is to be given, the extent to which it operates, and how it is to be produced as evidence by the applicant. A person does not, so long as the person is authorised to give permission to shoot on land referred to in paragraph (b) or (b1), incur any liability merely because the person gives the applicant permission to shoot on the land concerned.
The applicant must—
(a) be a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and
(b) state that he or she intends to use the firearm solely in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned).
The applicant must be—
(a) a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land, or
(b) a person employed by or in, or authorised by, a government agency prescribed by the regulations that has functions relating to the control or suppression of vertebrate pest animals, or
(c) a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and who is participating in an authorised campaign conducted by or on behalf of a government agency or public authority to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis.
The applicant must demonstrate that it is necessary in the conduct of the applicant’s business or employment to possess or use the firearm for which the licence is sought.
The applicant must be employed or engaged in a rural occupation that requires the possession or use of the firearm for which the licence is sought.
The applicant must be—
(a) a person who, under the Prevention of Cruelty to Animals Act 1979, is an appointed officer employed by an approved charitable organisation, or
(b) a veterinary practitioner, or
(c) a person who is employed in the Department of Primary Industries and Regional Development or is a member of staff of Local Land Services and who has responsibility for animal welfare, or
(d) an owner, transporter, drover or other handler of animals who may need to destroy animals to avoid suffering.
The applicant must—
(a) be a current member of a collectors’ society or club approved by the Commissioner in accordance with the regulations, and
(b) provide a written statement by that collectors’ society or club confirming that the applicant’s firearms collection has a genuine commemorative, historical, thematic or financial value.
(cf APMC 3 (c))
Subject to the regulations, the Commissioner must not issue a category B licence to any person unless the person, in addition to establishing a genuine reason for being issued with the licence, produces evidence to the satisfaction of the Commissioner that there is a special need for the person to possess or use a firearm to which licence category B applies.
(cf APMC 3 (c))
Except as provided by section 17A, the Commissioner must not issue a category C licence to any person unless—
(a) the genuine reason established by the person for being issued with the licence is primary production (or such other genuine reason as may be prescribed by the regulations), and
(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which licence category C applies, and
(c) the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A or category B licence).
(cf APMC 3 (c))
The Commissioner must not issue a category D licence to any person unless—
(a) the genuine reason established by the person for being issued with the licence is that of vertebrate pest animal control, and
(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which a licence category D applies, and
(c) in the case of a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A, category B or category C licence, or by engaging the services of a professional contract shooter).
(cf APMC 3 (c), 1989 Act s 21 re pistols)
The Commissioner must not issue a category H licence to any person unless—
(a) the genuine reason established by the person for being issued with the licence is any one or more of the following—
(i) sport/target shooting,
(ii) business or employment,
(iii) firearms collection, and
(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a pistol.
For the purposes of subsection (1),
The Commissioner must not issue a category H (sport/target shooting) licence (other than a probationary pistol licence) to a person unless—
(a) the person has previously been issued with a probationary pistol licence, and
(b) the probationary pistol licence has expired, and
(c) the application for the category H (sport/target shooting) licence is supported by a written statement by the secretary or other relevant office holder of the pistol shooting club of which the person is a member confirming that the person has complied with the conditions specified in section 16A (2).
Subsection (2) does not apply in relation to a person if the person has previously held a category H (sport/target shooting) licence.
The Commissioner must not issue a category H (business/employment) licence (other than a provisional pistol (business/employment) licence) to a person who has never held such a licence unless—
(a) the person has previously been issued with a provisional pistol (business/employment) licence, and
(b) the provisional pistol (business/employment) licence has expired.
The Commissioner must not issue a provisional pistol (business/employment) licence to a person unless—
(a) the person indicates that he or she intends to be employed by an approved master licensee specified in the application for the licence for the term of the licence, and
(b) the approved master licensee has verified to the satisfaction of the Commissioner that the master licensee intends the employment to continue for the term of the licence.
A category H (sport/target shooting) licence that is issued to a person who has never held such a licence is to be issued as a probationary pistol licence.
A probationary pistol licence is subject to the following conditions—
(a) for the first 6 months of the term of the licence, the licensee must not possess or use a pistol except—
(i) while on the premises of a pistol shooting club and under the supervision of a person who is the holder of a category H (sport/target shooting) licence that is not a probationary pistol licence, and
(ii) in connection with the requirement referred to in paragraph (b),
(b) the licensee must, by the end of that 6-month period, have completed to the satisfaction of the Commissioner a firearm training and safety training course conducted by the pistol shooting club of which the licensee is a member.
The supervision of a person for the purposes of this section is to be as required by the regulations.
If—
(a) the holder of a probationary pistol licence applies for a category H (sport/target shooting) licence before the term of the probationary pistol licence expires, and
(b) the application has not been dealt with by the time the probationary pistol licence expires,
the authority conferred by the probationary pistol licence continues until such time as the person is notified of the issue of, or refusal of, the category H (sport/target shooting) licence.
This section does not limit the conditions to which a probationary pistol licence is subject.
In this section—
(a) a self-loading pistol with a barrel length of less than 120 mm, or
(b) a revolver with a barrel length of less than 100 mm,
that, in the opinion of the Commissioner, is of a distinctive size or shape and is used in International Shooting Sport Federation competition events, but that is not otherwise a prohibited pistol.
The Commissioner may issue a category H (sport/target shooting) licence (referred to in this section as a
For the avoidance of doubt, a special pistol licence is a type of category H (sport/target shooting) licence, and any requirements under this Act or the regulations that apply to or in respect of a category H (sport/target shooting) licence apply to or in respect of a special pistol licence.
A category H (business/employment) licence that is issued to a person who has never held such a licence is to be issued as a provisional pistol (business/employment) licence.
Without limiting section 19, a provisional pistol (business/employment) licence is subject to the following conditions—
(a) the licensee must, before possessing or using a pistol, complete to the satisfaction of the Commissioner an approved firearms training course conducted by the employer,
(b) the licensee must, in addition to the training referred to in paragraph (a), complete—
(i) such further training within 3 months of being granted the licence as is determined by the Commissioner, and
(ii) such other training as may be required by the Commissioner during the term of the licence,
(c) the licensee must hold a class 1F licence issued under section 11 of the Security Industry Act 1997,
(d) for the first 6 months of the term of the licence, the licensee must not possess or use a pistol unless the licensee is under the direct supervision (as determined in accordance with the regulations) of a natural person who has continuously held, for a period of more than 12 months—
(i) a category H (business/employment) licence that is not a provisional pistol (business/employment) licence, and
(ii) a class 1F licence under the Security Industry Act 1997.
The licence may also be subject to other conditions—see section 19.
The Commissioner must revoke a provisional pistol (business/employment) licence if the Commissioner is satisfied that the licensee has failed to comply with a condition under this section.
If the holder of a provisional pistol (business/employment) licence contravenes the condition referred to in subsection (2) (d), the person who is (at the time of the contravention) the master licensee who is the employer of the licensee is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—200 penalty units, or
(b) in the case of an individual—100 penalty units.
If—
(a) the holder of a provisional pistol (business/employment) licence applies for a category H (business/employment) licence before the term of the provisional pistol (business/employment) licence expires, and
(b) the application has not been dealt with by the time the provisional pistol (business/employment) licence expires,
the authority conferred by the provisional pistol (business/employment) licence continues until such time as the person is notified of the issue of, or refusal of, the category H (business/employment) licence.
A provisional pistol (business/employment) licence is automatically revoked if the licensee ceases to be employed during the term of the licence by the approved master licensee specified in the application for the licence as required by section 16 (5).
(cf APMC 3 (c))
The regulations may specify the sort of evidence that may be produced in order to satisfy the Commissioner of a special need for the purposes of sections 13–16. However, nothing in this section is taken to limit the Commissioner’s discretion in determining whether any such special need has been demonstrated.
The Commissioner may issue a category C licence (referred to in this section as a
The authority conferred by a special category C licence is subject to the following restrictions—
(a) the shotgun to which the licence relates must not be loaded at any one time with more than 2 rounds,
(b) the shotgun may only be used for shooting at clay targets, and for associated training programs, while on a shooting range that is approved under the regulations.
An applicant for a special category C licence must be a person who, immediately before 15 November 1996—
(a) was in lawful possession of a self-loading or pump action shotgun used for shooting clay targets, and
(b) was a member of a shooting club affiliated with the Australian Clay Target Association.
Alternatively, an applicant must provide, to the Commissioner’s satisfaction, a written statement issued on behalf of a shooting club approved by the Commissioner, and which is affiliated with the Australian Clay Target Association (or such other body as may be approved by the Commissioner), to the effect that the applicant—
(a) is a current member of that club, and
(b) because of physical reasons such as lack of strength or dexterity, needs to have a self-loading or pump action shotgun in order to participate in clay target shooting competitions.
A statement under subsection (4) must be supported by such documents as may be required by the Commissioner.
Without limiting the conditions to which a category C licence is subject, a special category C licence issued under this section is subject to the condition that the licensee must, during each compliance period, participate in no less than the number of clay target shooting competitions required by the regulations. A
For the avoidance of doubt, a special category C licence is a type of category C licence, and any requirements under this Act or regulations that apply to or in respect of a category C licence apply to or in respect of a special category C licence.
The Commissioner must not issue a firearms dealer licence if the Commissioner—
(a) is of the view that a person who (in the opinion of the Commissioner) is or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a firearms dealer licence, or
(b) is not satisfied that the applicant is to be the person primarily responsible for the management of the business to be carried on under the authority of the licence.
The Commissioner may issue a firearms collector licence that authorises a person to possess a post-1946 pistol if—
(a) the person produces evidence to the Commissioner that the person has been a member of a collectors’ society or club for at least one year, and
(b) the application for the licence is supported by a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the person is a member confirming that the part of the person’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.
See also the Table to section 12 which provides that one of the requirements for the genuine reason of firearms collection is that the applicant for the licence must be a current member of an approved collectors’ society or club.
(cf APMC 4, 1989 Act s 26A, 1990 Reg cll 22B, 23)
A licence is to be in any one or more forms approved by the Commissioner. The manner and form in which the information referred to in subsection (2) is to be specified in the licence, or recorded, is to be determined by the Commissioner from time to time (including, for example, by way of magnetic strip or other electronic means).
A licence must—
(a) contain a recent photograph of the person to whom it is issued (such photograph being obtained in accordance with arrangements determined by the Commissioner), and
(b) bear the signature of the licensee, and
(c) specify the licence category, and
(d) specify (except in the case of a firearms dealer licence) the registered firearm or firearms to which the licence relates, and
(e) specify the genuine reason for which the person was issued with the licence, and
(f) (Repealed)
(g) specify (in the case of a firearms dealer licence) the premises where the firearm is authorised to be kept, and
(h) contain a reference to the requirements under this Act relating to the storage and safe keeping of the firearm, and
(i) contain such other detail as may be prescribed by the regulations.
A person to whom a licence is issued must, immediately after receiving the licence, write the person’s usual signature in ink in the space provided for it on the licence (unless the licence already bears the licensee’s signature).
Maximum penalty—20 penalty units.
(cf 1989 Act ss 21, 28, APMC 4 (b), 9 (c))
A licence may be issued by the Commissioner subject to such conditions as the Commissioner thinks fit to impose.
Without limiting subsection (1), each licence is subject to the following conditions—
(a) the licensee must comply with the relevant safe keeping and storage requirements under this Act,
(b) the licensee must not permit any other person to possess or use any firearm in the licensee’s possession if that other person is not authorised to possess or use the firearm,
(c) the licensee must, in accordance with such arrangements as are agreed on by the licensee and the Commissioner, or, in the case of a licensed firearms dealer, at any reasonable time, permit inspection by a police officer (or such other person as may be prescribed by the regulations) of the licensee’s facilities in respect of the storage and safe keeping of the firearms in the licensee’s possession,
(d) the licensee must not possess, at any one time, any amount of ammunition that exceeds the amount (if any) prescribed by the regulations, unless authorised in writing by the Commissioner,
(e) the licence cannot be transferred to another person.
A licence is subject to such other conditions as may be prescribed by the regulations.
Without limiting the conditions to which a firearms collector licence may be subject, any such licence is subject to the following conditions—
(a) any prohibited firearm (being a firearm to which a category D licence applies) that is part of the collection must be rendered permanently inoperable in a manner prescribed by the regulations,
(b) any other firearm that is part of the collection, and that was manufactured after 1900 or that is a prohibited pistol, must be rendered temporarily inoperable by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container of a type approved by the Commissioner, or by using a trigger lock of a type approved by the Commissioner,
(c) any prohibited firearm (being a firearm to which a category C or category D licence applies) that is part of the collection can only be supplied—
(i) to a licensed firearms dealer who is authorised to possess those types of prohibited firearms, or
(ii) through a licensed firearms dealer to the holder of a firearms collector licence who is authorised to possess those types of prohibited firearms,
(d) any prohibited firearm (being a firearm to which a category C licence or category D licence applies) that is intended to be part of the collection can only be acquired from a licensed firearms dealer or through a licensed firearms dealer from the holder of a firearms collector licence,
(e) any firearm that is part of the collection can only be kept on premises approved by the Commissioner, and must be stored in accordance with the standards prescribed by the regulations for the purposes of this section,
(f) in the case of a licence that was in force immediately before the commencement of this paragraph—a post-1946 pistol can only be kept as part of the collection if—
(i) the licensee has been a member of a collectors’ society or club since 20 December 2002, and
(ii) the licensee provides the Commissioner with a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the licensee is a member confirming that the part of the licensee’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.
Without limiting the conditions to which a category D licence may be subject, a category D licence that is issued to a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control is subject to the following conditions—
(a) the licensee must, on the expiry of the period for which the licence is in force, return the firearm to the licensed firearms dealer from whom it was acquired, or otherwise deal with the firearm in accordance with arrangements approved by the Commissioner,
(b) the licensee can use the firearm only in the circumstances specified in the licence (for example, for airborne culling).
(cf APMC 4, 1989 Act s 27)
Except as provided by this section, a licence continues in force from the time it is issued for a period of 5 years (or such shorter period as may be prescribed by the regulations), unless it is sooner surrendered or revoked or otherwise ceases to be in force.
A category D licence issued to a person referred to in section 12, Table, the matter relating to Reason: vertebrate pest animal control, paragraph (c) continues in force until the earlier of the following—
(a) the period of 12 months, 2 years or 5 years as specified in the licence,
(b) the licence is surrendered, revoked or otherwise ceases to be in force.
The following types of licence continue in force for a period of 12 months from the time the licence is issued unless the licence is sooner surrendered or revoked or otherwise ceases to be in force—
(a) provisional pistol (business/employment) licence,
(b) probationary pistol licence.
(cf APMC 6, 1989 Act s 35)
The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice—
(a) stating that the licence is suspended and the reasons for suspending it, and
(b) requesting that the person provide the Commissioner with reasons why the licence should not be revoked.
If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required—
(a) to state the reasons for the suspension, or
(b) to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.
The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.
A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.
(cf APMC 6, 1989 Act s 35A)
A licence that authorises a person to possess or use a firearm is automatically suspended on the making of an interim apprehended violence order against the person.
The licence is suspended until the order is confirmed or revoked.
(cf APMC 6, 1989 Act s 36, 1990 Reg cl 27)
A licence that authorises a person to possess or use a firearm is automatically revoked if the licensee becomes subject to a firearms prohibition order, an apprehended violence order or a serious domestic abuse prevention order.
The Commissioner must revoke a licence that is held for the purpose of employment as an armed security guard (within the meaning of the Security Industry Act 1997) if—
(a) the licensee has failed to undertake any firearm safety training required under this Act or the regulations, or
(b) in the case of a licensee who holds a class 1F licence or a visitor permit authorising the licensee to carry out security activities of a kind authorised by a 1F licence under the Security Industry Act 1997—the 1F licence or visitor permit is revoked under that Act or the licensee contravenes any condition of the firearms licence under this Act.
A licence may be revoked—
(a) for any reason for which the licensee would be required to be refused a licence of the same kind, or
(b) if the licensee—
(i) supplied information which was (to the licensee’s knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or
(ii) contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or
(iii) contravenes any condition of the licence, or
(c) if the Commissioner is of the opinion that the licensee is no longer a fit and proper person to hold a licence, or
(c1) if the Commissioner is satisfied that the licensee, through any negligence or fraud on the part of the licensee, has caused a firearm to be lost or stolen, or
(d) for any other reason prescribed by the regulations.
If the Commissioner revokes a licence because the licence holder would be refused a licence on the grounds referred to in section 11 (5A), the Commissioner is not, under this or any other Act or law, required to give any reasons for revoking the licence on those grounds.
The Commissioner of Police may revoke a licence by serving personally or by post on the licensee a notice stating that the licence is revoked and the reason for revoking it.
The revocation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice.
The Commissioner may, by serving a further notice on the holder of a licence, cancel a notice revoking a licence before the notice takes effect.
(cf APMC 4 (b), 1989 Act s 38)
If a licence is suspended, revoked or otherwise ceases to be in force, the person to whom it was issued must immediately surrender to a police officer—
(a) any firearm in the person’s possession, and
(b) the licence.
Maximum penalty—50 penalty units or imprisonment for 2 years, or both.
A police officer is authorised to seize any firearm in the possession of a person if that person’s licence is suspended, revoked or otherwise ceases to be in force. A police officer is also authorised to seize the licence itself.
This section does not apply in relation to a licence that has expired if the authority conferred by the licence continues to have effect (as provided by the regulations) pending the determination of an application for a subsequent licence.
(cf APMC 4 (c), 1990 Reg cll 93, 93A)
A person who—
(a) is a resident of another State or Territory, and
(b) is the holder of the equivalent of a category A, category B or category H licence issued under the law in force in that State or Territory,
is exempt from the requirements of section 7 or 7A of this Act to be authorised to possess or use a firearm of a kind to which a corresponding category A, category B or category H licence issued in this State applies, but only for the purpose of enabling the person to participate in a shooting competition approved by the Commissioner (or for such other purposes as may be prescribed by the regulations).
A person who is a resident of another State or Territory, and is the holder of the equivalent of a category C licence issued under the law in force in that State or Territory, is—
(a) in the case of a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of enabling the person to use the firearm in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned), or
(b) in the case of a person who is a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of controlling vertebrate pest animals on rural land, or
(c) in the case of a person who is participating in a recognised clay target shooting competition—is exempt from the requirements of section 7 or 7A to be authorised to possess or use a self-loading or pump action shotgun, but only for the purpose of enabling the person to participate in the competition and only if the person complies with the restrictions set out in section 17A (2).
(cf APMC 4 (d))
A resident of another State or a Territory who is the holder of the equivalent of a category A or category B licence issued under the law in force in that State or Territory may notify the Commissioner in writing that he or she intends to reside on a permanent basis in this State.
If the Commissioner is notified in accordance with subsection (1), the equivalent of the category A or category B licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 3 months from the time the person notified the Commissioner or until the person’s application for a licence under this Act is granted or refused (whichever is sooner).
If a resident of another State or a Territory who is the holder of the equivalent of a category C, category D or category H licence notifies the Commissioner in writing that the person intends to reside in this State, the equivalent of the category C, category D or category H licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 7 days from the time the person notified the Commissioner.
After the expiry of any such 7 day period, any person—
(a) who has duly notified the Commissioner in accordance with subsection (3), and
(b) who applied for a licence before the expiry of that period,
does not, while the person’s application for a licence is being determined by the Commissioner, commit an offence under section 7 or 7A in respect of the possession of a firearm.
(cf APMC 3 (b), 7, 1990 Reg cl 15)
The Commissioner may issue permits for any one or more of the following purposes—
(a) to authorise a person to acquire a firearm,
(b) to authorise the possession or use of firearms by minors in accordance with section 32,
(c) to authorise the possession or use of firearms in such circumstances as may be prescribed by the regulations (including film or theatrical productions or other artistic purposes),
(d) to authorise the acquisition or supply of firearms in such circumstances as may be prescribed by the regulations,
(e) to authorise the shortening or conversion of firearms,
(f) to authorise the use of a firearm (being a firearm to which a category A, category B or category H licence applies) that is part of a licensed firearms collection in order to test it, or on a special occasion as specified in the permit,
(g) to authorise the possession or use of firearms in such circumstances as the Commissioner considers appropriate,
(h) to authorise anything else that is required by this Act or the regulations to be authorised by a permit.
(cf APMC 4 (a), 1990 Reg cl 16)
A permit must not be issued unless the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace.
The Commissioner must not issue a permit that authorises the possession or use of a firearm unless the Commissioner is satisfied that the applicant has a legitimate reason for possessing or using the firearm.
Without limiting the generality of subsection (1), a permit must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of—
(a) the applicant’s way of living or domestic circumstances, or
(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or
(c) the applicant’s intemperate habits or being of unsound mind.
Subject to this Division, a permit must not be issued to a person who—
(a) is under the age of 18, or
(b) has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or
(c) is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the permit was made, been subject to an apprehended violence order (other than an order that has been revoked), or
(c1) is subject to a serious domestic abuse prevention order or who has, at any time within 10 years before the application for the permit was made, been subject to a serious domestic abuse prevention order, other than an order that has been revoked, or
(d) is subject to one of the following in relation to an offence prescribed by the regulations—
(i) a good behaviour bond, whether entered into in New South Wales or elsewhere,
(ii) a community correction order imposed in New South Wales,
(iii) a conditional release order imposed in New South Wales, or
(e) is subject to a firearms prohibition order, or
(f) is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.
A permit must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that—
(a) the person is a risk to public safety, and
(b) the issuing of the permit would be contrary to the public interest.
The Commissioner is not, under this or any other Act or law, required to give reasons for not issuing a permit on the grounds referred to in subsection (3A).
Despite any other provision of this section, the Commissioner may refuse to issue a permit if the Commissioner considers that issue of the permit would be contrary to the public interest.
In this clause—
An existing permit is taken to be a firearms dealer licence issued under this Act authorising the licence holder to carry on business as a theatrical armourer.
The conditions to which the existing permit was subject are taken to be conditions imposed on the firearms dealer licence concerned. Any such conditions may be varied or revoked in accordance with this Act.
Any such licence continues in force, unless it is sooner surrendered or revoked under this Act, for the remainder of the term for which the existing permit was issued.
In this Part,
A permit issued in respect of a prohibited weapon referred to in clause 3 (2) of Schedule 1 to the Weapons Prohibition Act 1998 (as in force immediately before the repeal of that subclause by the amending Act) is taken to be a permit issued in respect of an imitation firearm under this Act and continues in force (unless it is sooner suspended, revoked or otherwise ceases to be in force) for the remainder of the term for which it was issued.
A determination by the Commissioner in respect of ammunition that is not commercially available and made under section 6A (as in force immediately before the substitution of that section by the amending Act) is taken to be a determination made under section 6A as so substituted.
Part 7 of this Act (as substituted by the Firearms and Criminal Groups Legislation Amendment Act 2013) extends to a firearms prohibition order in force immediately before that substitution.
In this Part—
A person in whose name a lever action shotgun was registered immediately before the commencement of this clause and whose possession of the shotgun was authorised at that time by a category A licence (referred to in this Part as the person’s
(a) if the person is not the holder of a category B licence, the person is deemed to be the holder of a special category B licence for the shotgun but only while the person’s existing category A licence (or any renewal of that licence) is in force,
(b) if the shotgun is a category D shotgun and the person is not the holder of a category D licence but is the holder of a category B licence (including a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies.
A
However, a special category B licence does not authorise the licensee to possess or use a category D shotgun at any time when the person holds a category D licence that authorises the possession or use of the shotgun and that is not subject to any condition imposed by the Commissioner under section 19 (1).
A special category B licence that a person is deemed to hold is revoked if the person is granted a category B licence (not being a special category B licence) that authorises the possession or use of a lever action shotgun that the special category B licence applied to.
A permit issued before the commencement of this clause that authorises a person to acquire a shotgun does not authorise the person to acquire a lever action shotgun after the commencement of this clause unless the person is—
(a) the holder of a category B licence (not being a special category B licence) in the case of acquisition of a category B shotgun, or
(b) the holder of a category D licence in the case of acquisition of a category D shotgun but only if the category D licence will authorise the possession or use of the shotgun once acquired.
Note. A category D licence may be subject to a limit on the number of firearms that the licensee is authorised to possess or use and so may not authorise the acquisition of another category D firearm.
A person has the benefit of the transitional arrangements of this clause only for the particular shotgun registered in the name of the person immediately before the commencement of this clause and only while the shotgun remains registered in the name of the person. A person loses the benefit of the transitional arrangements for a shotgun if it is supplied to another person or is lost, stolen or destroyed. The same principles apply to the transitional arrangements under clause 31 for a shotgun that a person has registered in their name in another jurisdiction immediately before the commencement of the interstate recategorisation amendments.
A resident of another State or Territory in whose name a lever action shotgun was registered under the interstate law immediately before the commencement of the interstate recategorisation amendments and whose possession of the shotgun was authorised at that time under the interstate law by an interstate category A licence is subject to the following provisions in respect of that particular shotgun—
(a) sections 26 (Recognition of interstate licences for certain purposes) and 27 (Interstate residents moving to this State) apply to the person as if the firearms to which a category A or B licence issued in this State apply include the shotgun concerned but only while the shotgun remains registered in the name of the person under the interstate law,
(b) if the shotgun is a category D shotgun and a category B licence is issued to the person under this Act (not being a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies but only while the shotgun remains registered in the name of the person under this Act,
(c) a category B licence issued to the person under this Act does not apply to the shotgun (despite paragraph (b)) if a category D licence issued to the person under this Act applies to the shotgun.
Regulations under clause 1 may include provisions that are inconsistent with this clause.
In this clause—
The Commissioner may issue a licence as a special category B licence to a person who is deemed to hold a special category B licence, with the licence to specify details of the shotgun (or each shotgun) for which it is issued.
The Commissioner may provide to a person a statement in writing certifying that a category B licence held by the person (including a special category B licence) is deemed under this Part to apply to a specified category D shotgun. The statement may be provided by being included in the category B licence concerned or separately.
The Commissioner may waive payment of any fee that would otherwise be payable in respect of the issue of a category B or category D licence to a person who has the benefit of any transitional arrangements under this Part.
The regulations are taken to have always been authorised to provide for the issue of a permit (a
The following provisions apply to a spear fishing powerhead permit issued or purporting to have been issued before the commencement of this clause—
(a) the permit is validated to the extent of any invalidity arising from inconsistency between the regulations and another law,
(b) the permit operated only for the purposes of this Act and did not authorise a contravention of any other law,
(c) if the permit is in force immediately before the commencement of this clause it is revoked on the commencement of this clause.
This clause applies to the amendments made to sections 11(5), 29(3) and 44A of this Act and clauses 5, 42 and 129 of the Firearms Regulation
2017 by the Justice
Legislation Amendment Act (No 2) 2019 (the
Any licence or permit that would have been validly issued or not issued during the transitional period if the eligibility amendments had been in force at the relevant time is taken to have been validly issued or not issued (as the case requires).
Subclause (2) does not affect the validity of any decision made during the transitional period to issue or refuse to issue a licence or permit if the decision would have been valid even without the eligibility amendments.
To avoid doubt, the eligibility amendments extend to an application for a licence or permit made, but not finally determined, before the commencement of this clause.
In this clause—
The Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced on 24 September 2018. It included transitional provisions that converted good behaviour bonds into community correction orders and conditional release orders.
This clause applies if—
(a) a person legally acquires a self-loading centre-fire rifle or a self-loading shotgun under this Act, and
(b) self-loading centre-fire rifles or self-loading shotguns of that type are subsequently adapted for military purposes.
The person’s self-loading centre-fire rifle or self-loading shotgun is not a prohibited firearm under Schedule 1, item 5 or 6 while the rifle or shotgun remains in the person’s possession.
Firearms Act 1996 No 46. Assented to 28.6.1996. Date of commencement (Parts 2–5, 7 and 8, secs 50, 51, 53, 54, 56–60, 62, 63, 65, 68–71, 78, 89 and 90, Sch 2 and Part 2 of Sch 3 excepted), 23.8.1996, sec 2 (1) and GG No 97 of 23.8.1996, p 4735; date of commencement of Parts 2–5, 7 and 8, secs 50, 51, 53, 54, 56–60, 62, 63, 65, 68–71, 89 and 90, Sch 2 and Part 2 of Sch 3, 1.7.1997, sec 2 (1) and GG No 40 of 18.4.1997, p 1994; date of commencement of sec 78, 1.10.1996, sec 2 (1) and GG No 110 of 27.9.1996, p 6517. This Act has been amended as follows—
No 135 | Firearms Amendment Act 1996. Assented to 16.12.1996. Date of commencement of Sch 1 [1]–[4], [48], [57]–[70], 20.12.1996, sec 2 and GG No 150 of 20.12.1996, p 8525; date of commencement of Sch 1 [5]–[47], [49]–[56] and [71]–[76], 1.7.1997, sec 2 and GG No 40 of 18.4.1997, p 1993. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55. Assented to 2.7.1997. Date of commencement of Sch 2.6, assent, sec 2 (2). | |
No 77 | Administrative Decisions Legislation Amendment Act 1997. Assented to 10.7.1997. Date of commencement of Sch 5.13, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 969. | |
No 48 | Administrative Decisions Tribunal Legislation Amendment Act 1998. Assented to 29.6.1998. Date of commencement of Sch 2.6, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 970. | |
No 149 | Crimes Legislation Further Amendment Act 1998. Assented to 8.12.1998. Date of commencement, 8.2.1999, sec 2 and GG No 15 of 5.2.1999, p 391. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.24, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487. | |
No 24 | Firearms Amendment (Trafficking) Act 2001. Assented to 19.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4438. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 47 | Firearms Amendment (Public Safety) Act 2002. Assented to 4.7.2002. Date of commencement, 15.7.2002, sec 2 and GG No 116 of 12.7.2002, p 5222. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.14, assent, sec 2 (2). | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 107 | Security Industry Amendment Act 2002. Assented to 29.11.2002. Date of commencement of Sch 2.2 [1] and [2], 31.1.2003, sec 2 and GG No 33 of 31.1.2003, p 599; date of commencement of Sch 2.2 [3], 28.2.2003, sec 2 and GG No 33 of 31.1.2003, p 599. | |
No 36 | Firearms Amendment (Prohibited Pistols) Act 2003. Assented to 22.7.2003. Date of commencement, 1.10.2003, sec 2 and GG No 154 of 26.9.2003, p 9516. | |
No 38 | Occupational Health and Safety Amendment (Dangerous Goods) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.7, 1.9.2005, sec 2 and GG No 110 of 1.9.2005, p 6395. | |
No 85 | Crimes Legislation Further Amendment Act 2003. Assented to 5.12.2003. Date of commencement of Sch 5, 14.2.2004, sec 2 and GG No 12 of 16.1.2004, p 163. | |
No 87 | Veterinary Practice Act 2003. Assented to 5.12.2003. Date of commencement of Sch 3.11, 1.9.2006, sec 2 (1) and GG No 111 of 1.9.2006, p 7064. | |
No 92 | Firearms and Crimes Legislation Amendment (Public Safety) Act 2003. Assented to 10.12.2003. Date of commencement, 15.12.2003, sec 2 and GG No 196 of 12.12.2003, p 11174. | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 1.15, assent, sec 2 (2). | |
No 11 | Road Transport (General) Act 2005. Assented to 14.4.2005. Date of commencement of Sch 3.14, 30.9.2005, sec 2 (1) and GG No 120 of 30.9.2005, p 7674. | |
No 63 | Security Industry Amendment Act 2005. Assented to 1.7.2005. Date of commencement of sec 4, 1.9.2007, sec 2 and GG No 98 of 3.8.2007, p 5339. | |
No 73 | Crimes Amendment (Apprehended Violence) Act 2006. Assented to 27.10.2006. Date of commencement of Sch 3.14, 12.3.2007, sec 2 and GG No 41 of 9.3.2007, p 1711. | |
No 82 | Firearms Amendment (Good Behaviour Bonds) Act 2006. Assented to 27.10.2006. Date of commencement, assent, sec 2. | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.12, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 80 | Crimes (Domestic and Personal Violence) Act 2007. Assented to 7.12.2007. Date of commencement, 10.3.2008, sec 2 and GG No 30 of 7.3.2008, p 1429. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2 and 3, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 2.24, assent, sec 2 (2). | |
No 66 | Firearms Amendment Act 2008. Assented to 1.7.2008. Date of commencement, 3 months after the date of assent (ie 1.10.2008), sec 2. | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.9, 1.1.2009, sec 2 (1). | |
No 113 | Security Industry Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 2.1, 1.1.2010, sec 2 and GG No 13 of 16.1.2009, p 291. | |
No 119 | Crimes (Domestic and Personal Violence) Amendment Act 2008. Assented to 10.12.2008. Date of commencement, assent, sec 2. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.16, 17.7.2009, sec 2 (2). | |
No 40 | Weapons and Firearms Legislation Amendment Act 2010. Assented to 15.6.2010. Date of commencement, 9.7.2010, sec 2 and 2010 (351) LW 9.7.2010. | |
No 92 | Firearms Legislation Amendment Act 2010. Assented to 4.11.2010. Date of commencement, 3 months after the date of assent, sec 2 (1). | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). | |
No 34 | Firearms Amendment (Ammunition Control) Act 2012. Assented to 5.6.2012. Date of commencement of Sch 1 [1] and [4], 4.3.2013, sec 2 and 2013 (70) LW 1.3.2013; date of commencement of Sch 1 [2] and [3], 8.4.2013, sec 2 and 2013 (70) LW 1.3.2013. | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.10, 6.7.2012, sec 2 (1). | |
No 49 | Security Industry Amendment Act 2012. Assented to 25.6.2012. Date of commencement of Sch 2.1 [2], assent, sec 2 (1); date of commencement of Sch 2 [1] and [3]–[7], 1.11.2012, sec 2 (2). | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.9, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 56 | Police Legislation Amendment (Special Constables) Act 2013. Assented to 23.8.2013. Date of commencement, 1.12.2014, sec 2 and 2014 (750) LW 28.11.2014. | |
No 68 | Security Industry Amendment (Licences) Act 2013. Assented to 18.9.2013. Date of commencement, 9.12.2013, sec 2 and 2013 (675) LW 6.12.2013. | |
No 74 | Firearms and Criminal Groups Legislation Amendment Act 2013. Assented to 23.10.2013. Date of commencement, 1.11.2013, sec 2 and 2013 (623) LW 1.11.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1). | |
No 63 | Firearms and Weapons Prohibition Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement, assent, sec 2. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. |
Date of commencement of Sch 3, 7.7.2017, sec 2 (3); date of commencement of Sch 4, 7 days after assent, sec 2 (1). | ||
No 26 | Firearms and Weapons Legislation Amendment Act 2017. Assented to 27.6.2017. Date of commencement of Sch 1, 1.11.2017, sec 2 and 2017 (294) LW 30.6.2017. | |
No 44 | Paintball Act 2018. Assented to 21.8.2018. Date of commencement, 1.7.2019, sec 2 and 2019 (274) LW 28.6.2019. | |
No 20 | Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019. Date of commencement of Sch 1.11, 19.3.2020, sec 2(2) and 2020 (97) LW 19.3.2020. | |
No 19 | Firearms Legislation Amendment Act 2022. Assented to 6.6.2022. Date of commencement, assent, sec 2. | |
No 51 | Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. | |
No 59 | Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024. Assented to 27.9.2024. Date of commencement of Sch 2.5, 29.9.2025, sec 2(b) and 2024 (622) LW 13.12.2024. | |
No 15 | Justice Legislation Amendment (Miscellaneous) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
No 62 | Justice Legislation Amendment (Miscellaneous) Act (No 2) 2025. Assented to 28.10.2025. Date of commencement of Sch 9, assent, sec 2(c). |
This Act has also been amended by regulations made under sec 5.
Sec 3 | Am 2013 No 74, Sch 1 [1]. |
Sec 4 | Am 1996 No 135, Sch 1 [1] [2]; 2001 No 24, Sch 1 [1]–[4]; 2002 No 47, Sch 1 [1] [2]; 2003 No 36, Sch 1 [1]; 2003 No 38, Sch 2.7; 2007 No 80, Sch 2.14 [1] [2]; 2008 No 66, Sch 1 [1] [2]; 2008 No 119, Sch 2.4 [1] [2]; 2010 No 40, Sch 2 [1]; 2012 No 49, Sch 2.1 [1]; 2013 No 74, Sch 1 [2]–[7]; 2017 No 26, Sch 1 [1]; 2018 No 44, Sch 2.3 [1]; 2019 No 20, Sch 1.11[1]; 2024 No 59, Sch 2.5[1]. |
Secs 4A, 4B | Ins 2001 No 24, Sch 1 [5]. |
Sec 4C | Ins 2003 No 36, Sch 1 [2]. |
Sec 4D | Ins 2010 No 40, Sch 2 [2]. Am 2012 No 42, Sch 1.10 [1]; 2017 No 26, Sch 1 [2] [3]. |
Sec 6 | Am 1996 No 135, Sch 1 [3] [4]; 2003 No 85, Sch 5 [1]; 2008 No 62, Sch 2.24 [1] [2]; 2013 No 56, Sch 3.2 [1]; 2017 No 22, Sch 4.15 [1]. |
Sec 6AA | Ins 2012 No 49, Sch 2.1 [2]. |
Sec 6A | Ins 2008 No 66, Sch 1 [3]. Subst 2010 No 40, Sch 2 [3]. Am 2013 No 74, Sch 1 [8] [9]. |
Sec 6B | Ins 2008 No 66, Sch 1 [3]. Am 2017 No 26, Sch 1 [4] [5]. |
Sec 7 | Am 2001 No 24, Sch 1 [6]; 2002 No 47, Sch 2 [1]; 2003 No 85, Sch 5 [2]–[5]; 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [6]. |
Sec 7A | Ins 2003 No 85, Sch 5 [6]. |
Sec 8 | Am 1996 No 135, Sch 1 [5]–[17]; 2001 No 24, Sch 1 [7]; 2002 No 47, Sch 1 [3] [4]; 2003 No 36, Sch 1 [3] [4]; 2004 No 91, Sch 1.15; 2008 No 66, Sch 1 [4] [5]; 2010 No 92, Sch 1 [1] [2]; 2013 No 74, Sch 1 [11]–[13]; 2017 No 26, Sch 1 [7]–[11]; 2022 No 19, Sch 1[1]. |
Sec 9 | Am 1996 No 135, Sch 1 [18] [19]; 2002 No 47, Sch 1 [5]. |
Sec 10 | Am 2015 No 63, Sch 1 [1]; 2017 No 26, Sch 1 [12]. |
Sec 11 | Am 1996 No 135, Sch 1 [20]–[22]; 2001 No 24, Sch 1 [8]; 2002 No 47, Sch 1 [6]–[8]; 2006 No 82, Sch 1 [1]; 2008 No 66, Sch 1 [6]; 2017 No 26, Sch 1 [13] [14]; 2019 No 20, Sch 1.11[2]; 2024 No 59, Sch 2.5[2]. |
Sec 12, Table | Am 1996 No 135, Sch 1 [23]–[27]; 2003 No 36, Sch 1 [5]; 2003 No 87, Sch 3.11; 2007 No 82, Sch 1.9 [1] [2]; 2008 No 112, Sch 6.9; 2012 No 96, Sch 4.9 [1]–[3]; 2013 No 51, Sch 7.15; 2013 No 56, Sch 3.2 [2]; 2017 No 22, Sch 4.15 [2] [3]; 2024 No 51, Sch 5.6; 2025 No 15, Sch 5. |
Sec 14 | Am 1996 No 135, Sch 1 [28]. |
Sec 15 | Am 1996 No 135, Sch 1 [29]. |
Sec 16 | Am 2003 No 36, Sch 1 [6]; 2012 No 49, Sch 2.1 [3] [4]. |
Sec 16A | Ins 2003 No 36, Sch 1 [7]. Am 2017 No 26, Sch 1 [15]. |
Sec 16B | Ins 2003 No 36, Sch 1 [7]. |
Sec 16C | Ins 2012 No 49, Sch 2.1 [5]. Am 2013 No 68, Sch 2. |
Sec 17A | Ins 1996 No 135, Sch 1 [30]. Am 2008 No 66, Sch 1 [7]; 2017 No 26, Sch 1 [16]. |
Sec 17B | Ins 2001 No 24, Sch 1 [9]. |
Sec 17C | Ins 2003 No 36, Sch 1 [8]. |
Sec 18 | Am 1996 No 135, Sch 1 [31]–[33]. |
Sec 20 | Subst 1996 No 135, Sch 1 [34]. Am 2003 No 36, Sch 1 [9] [10]; 2013 No 74, Sch 1 [14] [15]. |
Sec 20A | Ins 1996 No 135, Sch 1 [35]. |
Sec 21 | Am 1996 No 135, Sch 1 [36] [37]; 2003 No 36, Sch 1 [11] [12]; 2012 No 49, Sch 2.1 [6]; 2022 No 19, Sch 1[2]. |
Sec 22 | Am 2006 No 73, Sch 3.14 [1] [2]; 2007 No 80, Sch 2.14 [3] [4]; 2010 No 40, Sch 2 [4]. |
Sec 24 | Am 1997 No 77, Sch 5.13 [1]; 2002 No 107, Sch 2.2 [1]; 2003 No 36, Sch 1 [13]; 2005 No 63, sec 4; 2008 No 113, Sch 2.1 [1] [2]; 2010 No 40, Sch 2 [5]; 2012 No 49, Sch 2.1 [7]; 2024 No 59, Sch 2.5[3]. |
Sec 25 | Am 2010 No 40, Sch 2 [6] [7]; 2012 No 42, Sch 1.10 [2]. |
Sec 26 | Am 1996 No 135, Sch 1 [38]; 2003 No 85, Sch 5 [1]. |
Sec 27 | Am 2003 No 85, Sch 5 [1]. |
Sec 28 | Am 1996 No 135, Sch 1 [39]; 2013 No 74, Sch 1 [16]. |
Sec 29 | Am 2001 No 24, Sch 1 [10]; 2002 No 47, Sch 1 [9] [10]; 2006 No 82, Sch 1 [2]; 2017 No 26, Sch 1 [17]–[19]; 2019 No 20, Sch 1.11[2]; 2024 No 59, Sch 2.5[4]. |
Sec 30 | Am 2007 No 82, Sch 1.9 [3]; 2010 No 40, Sch 2 [8]–[10]; 2010 No 119, Sch 2.21; 2012 No 42, Sch 1.10 [3]; 2013 No 74, Sch 1 [17] [18]; 2015 No 63, Sch 1 [2]; 2017 No 26, Sch 1 [20]. |
Sec 31 | Am 1996 No 135, Sch 1 [40]; 2003 No 36, Sch 1 [14]; 2008 No 66, Sch 1 [8]; 2010 No 92, Sch 1 [3]. |
Sec 31A | Ins 2008 No 66, Sch 1 [9]. Am 2010 No 92, Sch 1 [4]. |
Sec 32 | Am 1996 No 135, Sch 1 [41]–[43]; 2017 No 26, Sch 1 [21]–[25]. |
Sec 34 | Am 2008 No 62, Sch 2.24 [1]. |
Sec 36 | Am 1996 No 135, Sch 1 [44]; 2002 No 47, Sch 2 [2]; 2009 No 56, Sch 1.16; 2013 No 74, Sch 1 [10] [19]–[21]; 2015 No 63, Sch 1 [3]; 2017 No 26, Sch 1 [26] [27]. |
Sec 37 | Am 2001 No 112, Sch 3.6 [1]; 2013 No 74, Sch 1 [8] [22]. |
Sec 39 | Am 2017 No 26, Sch 1 [28]. |
Sec 42 | Am 2017 No 26, Sch 1 [29] |
Sec 42A | Ins 2002 No 107, Sch 2.2 [2]. Am 2008 No 113, Sch 2.1 [3]. |
Sec 43 | Am 1996 No 135, Sch 1 [45] [46]; 2001 No 24, Sch 1 [11]. Subst 2002 No 47, Sch 1 [11]. |
Sec 44 | Subst 2001 No 24, Sch 1 [12]. Am 2001 No 112, Sch 3.6 [2]. |
Sec 44A | Ins 2001 No 24, Sch 1 [12]. Am 2006 No 82, Sch 1 [3]; 2017 No 26, Sch 1 [30] [31]; 2019 No 20, Sch 1.11[3]; 2024 No 59, Sch 2.5[5]. |
Sec 45 | Am 2001 No 24, Sch 1 [13]–[17]; 2001 No 112, Sch 3.6 [3]; 2002 No 53, Sch 2.14; 2010 No 92, Sch 1 [5]; 2013 No 74, Sch 1 [8] [9] [22] [23]. |
Sec 45A | Ins 2012 No 34, Sch 1 [1]. Am 2013 No 74, Sch 1 [9] [22]–[26]; 2017 No 26, Sch 1 [32]. |
Sec 47 | Am 2010 No 92, Sch 1 [6] [7]. |
Sec 48 | Am 2001 No 112, Sch 3.6 [1]. |
Sec 49 | Am 2001 No 24, Sch 1 [11]; 2013 No 74, Sch 1 [20]. |
Sec 50 | Am 2001 No 24, Sch 1 [18]; 2002 No 47, Sch 2 [3]; 2013 No 74, Sch 1 [10] [20]; 2015 No 63, Sch 1 [4]; 2017 No 26, Sch 1 [33]. |
Sec 50AA | Ins 2003 No 92, Sch 2 [1]. Am 2013 No 74, Sch 1 [10] [20]; 2015 No 63, Sch 1 [5]; 2017 No 26, Sch 1 [34]. |
Sec 50A | Ins 2002 No 47, Sch 1 [12]. Am 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [35]. |
Sec 50B | Ins 2013 No 74, Sch 1 [27]. Am 2017 No 26, Sch 1 [36]. |
Sec 51 | Subst 2001 No 24, Sch 1 [19]. Am 2002 No 47, Sch 2 [4]–[8]; 2013 No 74, Sch 1 [8] [10] [19] [28]–[31]; 2017 No 26, Sch 1 [37] [38]. |
Sec 51A | Ins 2001 No 24, Sch 1 [19]. Am 2002 No 47, Sch 2 [9]; 2013 No 74, Sch 1 [8] [10] [20] [32]; 2017 No 26, Sch 1 [39]. |
Sec 51B | Ins 2001 No 24, Sch 1 [19]. Am 2003 No 92, Sch 2 [2]; 2013 No 74, Sch 1 [8] [33] [34]. |
Sec 51BA | Ins 2003 No 92, Sch 2 [3]. Am 2013 No 74, Sch 1 [8] [10] [19] [28]–[31]; 2015 No 63, Sch 1 [6]; 2017 No 26, Sch 1 [40]. |
Sec 51BB | Ins 2003 No 92, Sch 2 [3]. Am 2013 No 74, Sch 1 [8] [33]. |
Sec 51C | Ins 2001 No 24, Sch 1 [19]. |
Sec 51CA | Ins 2013 No 74, Sch 1 [35]. |
Sec 51D | Ins 2002 No 47, Sch 1 [13]. Am 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [41]. |
Sec 51E | Ins 2003 No 36, Sch 1 [15]. Am 2017 No 26, Sch 1 [42]. |
Secs 51F, 51G | Ins 2015 No 63, Sch 1 [7]. |
Sec 51H | Ins 2015 No 63, Sch 1 [8]. |
Sec 51I | Ins 2017 No 26, Sch 1 [43]. |
Sec 52 | Am 1996 No 135, Sch 1 [47] [48]; 2001 No 112, Sch 3.6 [4]; 2008 No 66, Sch 1 [10]; 2013 No 74, Sch 1 [9]. |
Sec 53 | Am 1996 No 135, Sch 1 [49]; 2008 No 66, Sch 1 [11]. |
Sec 54 | Am 1996 No 135, Sch 1 [50]; 2013 No 74, Sch 1 [8]. |
Sec 56 | Subst 1996 No 135, Sch 1 [51]. |
Sec 57 | Am 1996 No 135, Sch 1 [52]; 2017 No 26, Sch 1 [44]. |
Sec 58 | Am 2003 No 36, Sch 1 [16] [17]. |
Sec 60 | Am 2003 No 36, Sch 1 [18]. |
Sec 61 | Am 2013 No 74, Sch 1 [19]. |
Sec 62 | Am 2002 No 47, Sch 2 [10]; 2013 No 74, Sch 1 [19]; 2015 No 63, Sch 1 [9]; 2017 No 26, Sch 1 [45]. |
Sec 63 | Am 2002 No 47, Schs 1 [14], 2 [11]; 2003 No 36, Sch 1 [19]; 2015 No 63, Sch 1 [10]; 2017 No 26, Sch 1 [46] [47]. |
Sec 64 | Am 2002 No 47, Sch 2 [12]; 2013 No 74, Sch 1 [19]. |
Sec 65 | Am 1996 No 135, Sch 1 [53]–[56] (am 1997 No 55, Sch 2.6); 2001 No 24, Sch 1 [11] [20]; 2001 No 112, Sch 3.6 [4]; 2012 No 34, Sch 1 [2]; 2013 No 74, Sch 1 [20] [23] [36]; 2017 No 26, Sch 1 [48]–[50]. |
Sec 65A | Ins 2012 No 34, Sch 1 [3]. Am 2013 No 74, Sch 1 [19] [37] [38]; 2017 No 26, Sch 1 [51]. |
Sec 66 | Am 2002 No 47, Sch 2 [13]. Subst 2015 No 63, Sch 1 [11]. |
Sec 67 | Am 2017 No 26, Sch 1 [52]. |
Sec 70 | Am 2002 No 47, Sch 2 [14]; 2013 No 74, Sch 1 [10]; 2015 No 63, Sch 1 [12]; 2017 No 26, Sch 1 [53]. |
Sec 71 | Am 2003 No 92, Sch 2 [4] [5]; 2014 No 88, Sch 2.23. |
Sec 71A | Ins 2003 No 92, Sch 2 [6]. |
Sec 72 | Subst 2001 No 24, Sch 1 [21]. Am 2002 No 47, Sch 2 [15]; 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [54]. |
Part 6A | Ins 2002 No 47, Sch 1 [15]. Rep 2002 No 103, Sch 4.35. |
Sec 72A | Ins 2002 No 47, Sch 1 [15]. Am 2005 No 11, Sch 3.14. Rep 2002 No 103, Sch 4.35. |
Secs 72B–72E | Ins 2002 No 47, Sch 1 [15]. Rep 2002 No 103, Sch 4.35. |
Part 7 | Subst 2013 No 74, Sch 1 [39]. |
Sec 73 | Subst 2013 No 74, Sch 1 [39]. |
Sec 74 | Am 2002 No 47, Sch 2 [16]. Subst 2013 No 74, Sch 1 [39]. Am 2017 No 26, Sch 1 [55] [56]. |
Secs 74A, 74B | Ins 2013 No 74, Sch 1 [39]. |
Part 8, heading | Subst 1997 No 77, Sch 5.13 [2]. Am 2013 No 95, Sch 2.59 [1]. |
Part 8 | Subst 1997 No 77, Sch 5.13 [2]. |
Sec 75 | Subst 1997 No 77, Sch 5.13 [2]. Am 1998 No 48, Sch 2.6 [1] [2]; 2002 No 47, Sch 1 [16]; 2013 No 74, Sch 1 [40]; 2013 No 95, Sch 2.59 [2]–[8]; 2024 No 59, Sch 2.5[6]; 2025 No 62, Sch 9. |
Secs 76, 77 | Rep 1997 No 77, Sch 5.13 [2]. |
Sec 78 | Am 1996 No 135, Sch 1 [57]–[60]. Subst 2003 No 36, Sch 1 [20]. Am 2006 No 94, Sch 3.12. Rep 2007 No 82, Sch 1.9 [4]. Ins 2017 No 26, Sch 1 [57]. |
Sec 78A | Ins 1996 No 135, Sch 1 [61]. Subst 2003 No 36, Sch 1 [21]. Rep 2007 No 82, Sch 1.9 [4]. Ins 2017 No 26, Sch 1 [57]. |
Sec 79 | Am 1996 No 135, Sch 1 [62]–[64]. Subst 2003 No 36, Sch 1 [22]. |
Sec 79A | Ins 2003 No 36, Sch 1 [23]. |
Sec 80 | Am 1998 No 149, Sch 2.8; 2002 No 107, Sch 2.2 [3]; 2007 No 82, Sch 1.9 [5]; 2007 No 94, Sch 3. |
Sec 81 | Am 2002 No 47, Sch 1 [17]; 2008 No 62, Sch 2.24 [1]; 2013 No 74, Sch 1 [41]; 2017 No 22, Sch 4.15 [4]. |
Sec 82A | Ins 2003 No 36, Sch 1 [24]. Am 2003 No 85, Sch 5 [1]. |
Sec 84 | Am 1999 No 94, Sch 4.24; 2001 No 24, Sch 1 [22]; 2001 No 121, Sch 2.116 [1] [2]; 2002 No 47, Sch 1 [18] [19]; 2003 No 36, Sch 1 [25]; 2003 No 85, Sch 5 [1]; 2003 No 92, Sch 2 [7] [8]; 2007 No 94, Sch 2; 2013 No 74, Sch 1 [42] [43]; 2015 No 63, Sch 1 [13]. |
Sec 85 | Am 2001 No 121, Sch 2.116 [3]; 2007 No 94, Sch 2. |
Sec 85A | Ins 2008 No 66, Sch 1 [12]. Subst 2017 No 22, Sch 3.24. |
Sec 87 | Am 2003 No 92, Sch 2 [9]. |
Sec 88 | Am 1996 No 135, Sch 1 [65]–[67]; 2001 No 24, Sch 1 [23]; 2003 No 36, Sch 1 [26] [27]; 2007 No 82, Sch 1.9 [6]. |
Sec 90 | Rep 1999 No 85, Sch 4. |
Sec 93 | Ins 2001 No 24, Sch 1 [24]. |
Sch 1 | Am 1996 No 135, Sch 1 [68]; GG No 108 of 17.7.1998, p 5491; 2010 No 40, Sch 2 [11]; 2017 No 26, Sch 1 [58]; 2018 No 44, Sch 2.3 [2] [3]; 2022 No 19, Sch 1[3]. |
Sch 2 | Rep 1999 No 85, Sch 4. |
Sch 3 | Am 1996 No 135, Sch 1 [69]–[76]; 2001 No 24, Sch 1 [25] [26]; 2002 No 47, Sch 1 [20] [21]; 2003 No 36, Sch 1 [28] [29]; 2003 No 85, Sch 5 [1]; 2003 No 92, Sch 2 [10] [11]; 2008 No 66, Sch 1 [13] [14]; 2010 No 40, Sch 2 [12] [13]; 2010 No 92, Sch 1 [8]; 2012 No 34, Sch 1 [4]; 2013 No 74, Sch 1 [44]; 2017 No 26, Sch 1 [59]; 2019 No 20, Sch 1.11[4]; 2022 No 19, Sch 1[4]. |
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