Firearms Act 2015 (SA)

South Australia

Firearms Act 2015

An Act to provide for the control of firearms; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Firearms Act 2015.

3Principles and objects of Act

(1)
The underlying principles of this Act are—
(a)
to confirm firearm possession and use as 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, use, acquisition, supply and manufacture of firearms; and
(ii)
by promoting the safe and responsible storage, transport and use (whether for recreational or other purposes) of firearms; and
(c)
to facilitate a nationally consistent approach to the control of firearms.
(2)
The objects of this Act are as follows:
(a)
to ensure that the possession and use of automatic and self-loading firearms is permitted only in strictly limited circumstances;
(b)
to establish an integrated licensing and registration scheme for all firearms;
(c)
to require each person who possesses or acquires a firearm or ammunition under the authority of a licence or permit to have established a genuine reason to possess or acquire the firearm or ammunition;
(d)
to provide strict requirements that must be satisfied in relation to firearms and transactions and activities involving firearms, including requirements to ensure the safe and secure storage and transport of firearms;
(e)
to reduce the number of firearms that are in unlawful possession in the community through a general amnesty;
(f)
to prevent or restrict persons and organisations from accessing, possessing or using firearms for criminal purposes;
(g)
to minimise the risk of persons becoming victims of crimes involving the use or threatened use of firearms;
(h)
to minimise the risk of persons causing injury or harm (including psychological harm) to themselves or others by the use or threatened use of firearms.

4Interpretation

(1)
In this Act, unless the contrary intention appears—
accredited paint-ball employee means a person accredited in accordance with the regulations to possess or use a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds as an employee of the operator;
acquire means acquire through purchase, gift, loan or hire;
air gun—see section 5;
ammunition means ammunition suitable for use in a firearm, and includes—
(a)
an article consisting of a cartridge case fitted with a live primer and a projectile; and
(b)
an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile; and
(c)
live primers, propellants and blank cartridges; and
(d)
an article of a kind declared by the regulations to be ammunition,
but does not include—
(e)
inert blank cartridges; or
(f)
inert drill rounds; or
(g)
snap caps or other item designed to fit in the breech or chamber for the purpose of preventing damage to the firing pin; or
(h)
paint-balls; or
(i)
an article of a kind declared by the regulations not to be ammunition;
antique firearm—see section 5;
arms fair means an event involving the temporary display of firearms, firearms parts or ammunition for the purposes of sale or exhibition and to which the general public has access;
Australian citizen means an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;
automatic firearm—see section 5;
cartridge case means a container made of brass, plastic or other material that is designed to contain propellant, house a primer at the rear, hold 1 or more projectiles at the front and function as a gas seal during firing;
category A, category B, category C, category D, category H firearms—see section 5;
code of practice means a code of practice for the security, storage or transport of firearms and ammunition under Part 6;
collectors' club means a recognised firearms club that—
(a)
is established to foster the interests of persons who collect, or collect and display, firearms; and
(b)
does not include as part of its regular activities the shooting of firearms;
commercial range operator means a person who carries on the business of providing—
(a)
a shooting range (not being a shooting gallery) for use by members of the public; and
(b)
firearms for use by members of the public at the range;
company includes a body corporate;
company's principal nominee—see section 16;
company's secondary nominee—see section 16;
contravention includes failure to comply;
criminal intelligence means information relating to actual or suspected criminal activity (whether in South Australia or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;
criminal organisation has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;
dealer means a person—
(a)
who carries on the business of purchasing, selling or hiring out firearms, firearm parts or ammunition; or
(b)
who carries on the business of a pawnbroker or auctioneer and handles firearms, firearm parts or ammunition in the course of that business; or
(c)
who carries on the business of repairing, modifying or testing firearms or firearm parts; or
(d)
who carries on the business of holding or storing firearms or firearm parts for the purpose of repair, safekeeping or disposal;
director of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
firearm means—
(a)
a device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or
(b)
a device of a kind declared by the regulations to be a firearm,
and includes a receiver of a firearm and any device or devices which (whether or not rendered temporarily or permanently unusable) would, if in working order, or if assembled and in working order, be a firearm within the meaning of this definition but does not include—
(c)
an antique firearm; or
(d)
a device of a kind declared by the regulations not to be a firearm;
firearm part means a barrel, firing mechanism, magazine, cylinder, hammer, bolt, breech block or slide designed as, or reasonably capable of forming, part of a firearm;
firearm refurbishment permit means a permit issued under the regulations authorising a person who carries on the business of refurbishing firearms to possess firearms for the purpose of that business;
firearms club means a club for the benefit of enthusiasts who are interested in firearms generally or in a particular category of firearm;
firearms licence means a firearms licence in force under Part 2;
firearms prohibition order means an order in force under Part 8 (including an interim firearms prohibition order);
firing mechanism of a firearm means the mechanism of the firearm that is designed for the purpose of firing the firearm and includes a trigger mechanism or firing pin;
fit and proper person—see section 7;
foreign firearms dealer means a person who is authorised, under legislation of a jurisdiction outside this State, to carry on the business of a dealer by an instrument that is, in the opinion of the Registrar, equivalent to a licence authorising a person to carry on the business of a dealer under this Act;
foreign firearms dealer permit means a permit issued under the regulations authorising the display, purchase, sale or use of firearms, firearm parts or ammunition by a foreign firearms dealer at an arms fair;
foreign restraining order means a foreign intervention order within the meaning of the Intervention Orders (Prevention of Abuse) Act 2009 or a foreign restraining order within the meaning of the Summary Procedure Act 1921;
foreign theatrical armourer means a person whose usual place of residence is in another jurisdiction who is authorised to possess or use a firearm for the purpose of film, television or theatre production under the law of his or her usual place of residence;
foreign theatrical armourer permit means a permit issued under the regulations authorising a foreign theatrical armourer to possess or use a firearm for the purpose of film, television or theatre production in South Australia;
gift includes the transfer of ownership of a firearm to a beneficiary of a deceased estate in the distribution of the estate;
grounds of a recognised firearms club means grounds provided or arranged to be provided by or on behalf of a recognised firearms club for use by members of the club;
grounds of a recognised paint‑ball operator means grounds provided or arranged to be provided by or on behalf of a recognised paint‑ball operator for use by participants in an organised activity involving the use of paint‑ball firearms;
handgun—see section 5;
identifying mark of a firearm—see section 29;
interim firearms prohibition order—see section 43;
international visitor firearms permit means a permit issued under the regulations to authorise a person who is visiting, or who intends visiting, Australia—
(a)
to possess and use a firearm for the purpose of competitive shooting or hunting; or
(b)
to possess and use a firearm for the purpose of providing personal security services for a foreign dignitary or official; or
(c)
to possess and use a firearm for a purpose prescribed by the regulations;
licence means a firearms licence;
licensed dealer means the holder of a licence authorising the person to carry on the business of a dealer under this Act, or the holder of a licence under corresponding legislation of another State or Territory of the Commonwealth to carry on the business of a dealer;
licensee means the holder of a firearms licence;
loading mechanism of a firearm means all the parts of the firearm (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the firearm (if any);
loan, in relation to a firearm, includes any grant of the use of the firearm to a person on the understanding that it will be returned (other than under a hire agreement);
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
member, of a criminal organisation, includes an associate member or prospective member, however described;
owner of a firearm includes a person who has possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent;
paint-ball means a projectile primarily containing dye, paint or other marking substance designed to mark a person or object;
paint-ball firearm—see section 5;
paint‑ball operator means a person who carries on the business of providing or arranging for the provision of grounds for use by participants in an organised activity involving the use of paint‑ball firearms (but not involving the use of any other firearms);
participant, in a criminal organisation, has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;
permanent resident means a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;
possession—see section 6;
prescribed firearm—see section 5;
prohibited firearm accessory means an item, or an item of a class, prescribed by the regulations that may be fitted to or used in conjunction with a firearm;
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
public safety notice—see section 60;
pump action shotgun—see section 5;
purchase includes acquire by barter or exchange;
receiver of a firearm means the body or frame of the firearm that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the firearm;
recognised coach means a person recognised by a shooting club as being a fit and proper person to instruct others in the skills of using firearms;
recognised commercial range operator means a commercial range operator declared to be a recognised commercial range operator under the regulations;
recognised firearms club means a firearms club declared to be a recognised firearms club under the regulations;
recognised paint‑ball operator means a paint‑ball operator declared to be a recognised paint‑ball operator under the regulations;
refurbishing a firearm means bluing or chroming the firearm, or undertaking other processes in relation to the firearm, to enhance its appearance or structural integrity, but does not include repairing the firearm;
registered means registered under this Act;
Registrar—see Part 10;
relative of a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;
repealed Act means the Firearms Act 1977 repealed by this Act;
restricted firearm mechanism means a mechanism or other fitting—
(a)
that can be fitted to a firearm to convert it to an automatic firearm; or
(b)
that, when fitted to a suitable firearm, will enable the firearm to fire grenades or other explosive projectiles;
round means an unfired complete live cartridge;
sale includes the disposal of a firearm by barter or exchange;
self-loading firearm—see section 5;
shooting club means a recognised firearms club that includes amongst its regular activities the shooting of firearms;
shooting gallery means an indoor or outdoor gallery at which members of the public can use shooting gallery firearms that are attached to a shooting bench to shoot at stationary or moving targets;
shooting gallery firearm means—
(a)
a .177 calibre air gun; or
(b)
a handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant; or
(c)
a firearm of a prescribed kind;
sound moderator means a device designed or adapted to be attached to, or comprising part of, a firearm to muffle the report when the firearm is fired and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator;
spouse—a person is the spouse of another if they are legally married;
supply means supply through sale, gift, loan or hire;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2)
For the purposes of this Act, the capacity of a magazine that has been modified to reduce its capacity will only be regarded as having the reduced capacity, instead of its capacity as manufactured, if it has been modified in a manner approved by the Registrar.

5Categories and types of firearms

(1)
Firearms are divided into the following categories for the purposes of this Act:
(a)
category A firearms consisting of the following:
(i)
air guns;
(ii)
paint‑ball firearms;
(iii)
rim fire rifles (not being self‑loading rifles);
(iv)
shotguns (not being self‑loading, pump action or lever action shotguns);
(v)
break action combination shotguns and rim fire rifles;
(b)
category B firearms consisting of the following:
(i)
muzzle loading firearms (not being handguns);
(ii)
revolving chamber rifles;
(iii)
centre fire rifles (not being self‑loading centre fire rifles);
(iv)
multiple barrel centre fire rifles that are not designed to hold additional rounds in a magazine;
(v)
break action combination shotguns and rifles (not being break action combination shotguns and rim fire rifles);
(va)
lever action shotguns having a magazine capacity of 5 rounds or less;
(vi)
all other firearms (not being prescribed firearms, handguns, self‑loading firearms, pump action shotguns or lever action shotguns having a magazine capacity of more than 5 rounds) that are not category A firearms;
(c)
category C firearms consisting of the following:
(i)
self‑loading rim fire rifles having a magazine capacity of 10 rounds or less;
(ii)
self‑loading shotguns having a magazine capacity of 5 rounds or less;
(iii)
pump action shotguns having a magazine capacity of 5 rounds or less;
(d)
category D firearms consisting of the following:
(i)
self‑loading rim fire rifles having a magazine capacity of more than 10 rounds;
(ii)
self‑loading centre fire rifles;
(iii)
self‑loading shotguns having a magazine capacity of more than 5 rounds;
(iv)
pump action shotguns having a magazine capacity of more than 5 rounds;
(v)
lever action shotguns having a magazine capacity of more than 5 rounds;
(e)
category H firearms consisting of handguns (not being prescribed firearms);
(f)
prescribed firearms consisting of the following:
(i)
automatic firearms;
(ii)
mortars, bazookas, rocket propelled grenades and similar military firearms designed to fire explosive projectiles;
(iii)
firearms designed to fire projectiles containing tear gas or any other lachrymatory substance or any nauseating substance or poison (but not firearms designed to tranquillise, immobilise or administer vaccines or other medicines to animals);
(iv)
firearms designed to have the appearance of other objects;
(v)
firearms of a kind declared by the regulations to be prescribed firearms.
(2)
In this Act—
air gun means a firearm (other than a handgun) designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant;
antique firearm means a firearm that—
(a)
was manufactured before 1900; and
(b)
is kept solely for curiosity, display, ornamental or investment purposes; and
(c)
is not used to fire projectiles; and
(d)
—
(i)
in the case of a firearm other than a category H firearm—
(A)
is designed to fire breech loading cartridges and is a firearm the ammunition for which is not ordinarily available for purchase by retail in Australia; or
(B)
is not designed to fire breech loading cartridges; or
(ii)
in the case of a category H firearm—is a handgun designed or altered to fire by means of a flintlock, matchlock, wheel‑lock or other system used prior to the use of percussion caps as a means of ignition;
automatic firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds automatically while the trigger is held in that position;
handgun means a firearm with a barrel length of less than 400 millimetres that is designed or adapted for aiming and firing from the hand and is reasonably capable of being carried concealed about the person;
paint‑ball firearm means an air gun designed to fire paint-balls;
pump action shotgun means a shotgun that is reloaded manually by moving the forward hand grip which is part of the loading mechanism of the gun backwards and then forwards;
self‑loading firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds by releasing the trigger and returning it to the firing position to fire each additional round, but does not include a shotgun that is a category A or B firearm that is not designed to hold additional rounds in a magazine.
(3)
For the purposes of this Act, a reference to a firearm of a particular category or kind includes—
(a)
a reference to a receiver of a firearm of that particular category or kind; and
(b)
a reference to a device that would, if in working order, or if assembled and in working order, be a firearm of that category or kind.
(4)
The regulations may amend the categories of firearms or definitions prescribed by this section, including by adding a new category or definition.

6Possession of firearms etc

(1)
This section applies to the following items:
(a)
a firearm;
(b)
a firearm part;
(c)
a prohibited firearm accessory;
(d)
a sound moderator;
(e)
a restricted firearm mechanism;
(f)
ammunition.
(2)
For the purposes of this Act (other than section 25), a person has possession of an item to which this section applies if—
(a)
the person has physical possession or control of the item or has the item in the physical possession or control of another; or
(b)
the person has and exercises access to the item; or
(c)
the person controls access to the item; or
(d)
the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the item is found.
(3)
However, subsection (2)(d) does not apply if the person proves that—
(a)
he or she did not know, and could not reasonably be expected to have known, that the item was on or in the premises, vehicle, vessel or aircraft; or
(b)
the item was in the lawful possession of another or he or she believed on reasonable grounds that the item was in the lawful possession of another.
(4)
For the purposes of this Act, if 2 or more persons who occupy or are present on or in the same premises, vehicle, vessel or aircraft, or are in each other's company, have different firearm parts in their physical possession or control which would constitute a firearm if assembled and in working order, each of the persons will be taken to possess the firearm.

7Fit and proper person

(1)
A person is not a fit and proper person for a purpose under this Act if—
(a)
the person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth; or
(b)
a firearms prohibition order applies to the person or a similar order under corresponding legislation of another State or Territory of the Commonwealth applies to the person.
(2)
A person who has a physical or mental illness, condition or disorder, or in relation to whom other circumstances exist, that would make it unsafe for him or her to possess a firearm or ammunition is not a fit and proper person for a purpose under this Act.
(3)
A person may be taken not to be a fit and proper person for a purpose under this Act if the person—
(a)
has not complied with the requirements of this Act in relation to the safe handling, use, storage or transport of firearms; or
(b)
has been found guilty of an offence under this Act, the repealed Act or corresponding legislation of another State or Territory of the Commonwealth; or
(c)
has been found guilty of an offence involving actual or threatened violence in South Australia or any other State or Territory of the Commonwealth or in any other part of the world; or
(d)
has been found guilty of an offence as prescribed by the regulations; or
(e)
has been found guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation of another State or Territory of the Commonwealth; or
(f)
is the subject, or has in the past been the subject, of—
(i)
an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or
(ii)
a foreign restraining order; or
(g)
has failed to comply with a requirement made under section 53.
(4)
In deciding whether a person is a fit and proper person for a purpose under this Act—
(a)
regard may be had to the reputation, honesty and integrity of the person, close associates of the person and any people with whom the person associates; and
(b)
regard must be had to—
(i)
any risk of the person using a firearm for an unlawful purpose; or
(ii)
any risk of the person using a firearm to harm himself or herself; or
(iii)
any risk that the person will cause injury or harm to another by the use or threatened use of a firearm; or
(iv)
any risk of the person failing to exercise continuous and responsible control over a firearm,
and, in that connection, regard may be had to the person's past behaviour, instability, intemperate habits, way of living or domestic circumstances.
(5)
A person may be taken not to be a fit and proper person for a purpose under this Act if the person has made a threat of violence, or stated the intention, or sought, to acquire or use a prescribed firearm or any firearm for an unauthorised purpose.
(6)
For the purposes of this Act, persons are close associates if—
(a)
1 is a relative of the other; or
(b)
they are in partnership; or
(c)
they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or
(d)
1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or
(e)
1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or
(f)
1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or
(g)
1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or
(h)
1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.
(7)
This section does not limit the grounds on which a person may be taken not to be a fit and proper person for a purpose under this Act.

8Application of Act

(1)
This Act (other than section 51) does not apply to the Crown in right of this State or to the Crown in any other capacity.
(2)
Subject to subsection (3), this Act does not apply to—
(a)
(international visitor firearms permits) the possession or use of a firearm by a person who holds an international visitor firearms permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(b)
(foreign theatrical armourer permits) the possession or use of a firearm by a person who holds a foreign theatrical armourer permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(c)
(foreign firearms dealer permits) the possession or use of a firearm, a firearm part or ammunition by a person who holds a foreign firearms dealer permit, provided that the person's possession or use of the firearm, firearm part or ammunition is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(d)
(firearm refurbishment permits) the possession of a firearm by a person who holds a firearm refurbishment permit, provided that the person's possession of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(e)
(shooters at commercial ranges or shooting galleries) a person's possession or use of a category A, B or H firearm on the range of a recognised commercial range operator, or of a shooting gallery firearm at a shooting gallery, in the ordinary course of the operation of the range or gallery, provided that the operator of the range or gallery holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the range or at the gallery is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or
(f)
(adult shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 18 years of age or more on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that the person's possession or use of the firearm on the grounds is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or
(g)
(junior shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 10 years of age or more but under the age of 18 years on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that—
(i)
the person is a member of a shooting club; and
(ii)
the person is (with the consent of his or her parent or guardian) with, and is under the continuous supervision of, a recognised coach who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(h)
(accredited paint‑ball employee) a person's possession or use of a paint‑ball firearm as an employee of a recognised paint‑ball operator on the grounds of the paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the person is an accredited paint‑ball employee; or
(i)
(paint‑ball shooters) the possession or use of a paint‑ball firearm by a person 10 years of age or more on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the grounds is under the supervision of—
(i)
the operator; or
(ii)
a person who is engaged as an employee in the business of the operator; or
(j)
(transport and storage businesses) a person's possession of a firearm (other than a prescribed firearm), in the ordinary course of the business of transporting or storing goods (other than as a dealer), except that the person carrying on the business must comply with the requirements of this Act relating to the transport or storage of firearms, firearm parts or ammunition; or
(k)
(executors, administrators etc) a person's possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent, provided that the person—
(i)
provides the Registrar, not more than 28 days after coming into possession of the firearm, with written notice in a form approved by the Registrar giving details of the firearm and the circumstances in which the firearm has come into the person's possession; and
(ii)
ensures that the transport or storage of the firearm is in compliance with the requirements of this Act relating to the transport or storage of firearms; and
(iii)
disposes of the firearm, as soon as practicable but in any event within 28 days of the person coming into its possession, to a person authorised under this Act to have possession of it or by surrendering it to the Registrar; or
(l)
(inspecting dealer's stock) a person's handling of a firearm—
(i)
at the premises of a licensed dealer; or
(ii)
in the presence of a licensed dealer or a person who holds a foreign firearms dealer permit at an arms fair,
for the purpose of inspecting the firearm; or
(m)
(testing dealer's stock) a person's possession or use of a firearm that the person is considering acquiring from a licensed dealer or a person who holds a foreign firearms dealer permit, for the purpose of testing the firearm, provided that—
(i)
the possession and use occurs in the presence, and under the supervision, of the licensed dealer or person holding the foreign firearms dealer permit; and
(ii)
the person holds a firearms licence authorising possession of the category of firearm; and
(iii)
the possession and use occurs—
(A)
at a place approved by the Registrar for the purposes of this paragraph; or
(B)
in the case of a category A, B or H firearm—on the range of a recognised commercial range operator if the use of the category of firearm is permitted by, and is in accordance with, the rules of the recognised commercial range operator and the conditions of the approval of the range of the commercial range operator; or
(C)
in the case of a category A, B, C or H firearm—on the grounds of a shooting club if the use of the category of firearm is permitted by, and is in accordance with, the rules of the club and the conditions of the approval of the grounds of the club; or
(n)
(handling in presence of owner) a person's handling of a firearm in the presence, and with the consent, of another who holds a firearms licence authorising possession of the firearm and is the registered owner of the firearm or an employee or agent of the registered owner of the firearm; or
(o)
(safety training) a person's possession or use of a firearm for the purpose of training or an examination in the safe handling, use, storage and transport of firearms if the person is with, and is under the continuous supervision of, a person authorised by the Registrar to conduct the training or examination; or
(p)
(supervised use) the possession or use of a category A, B or H firearm by a person 18 years of age or more (other than as an employee of a licensed dealer) if the person is with, and is under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(q)
(supervised use by 14 to 18 year‑olds) the possession or use of a category A, B or H firearm by a person 14 years of age or more but under the age of 18 years if—
(i)
the person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and
(ii)
the person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(r)
(supervised use by 10 to 14 year‑olds) the possession or use of a category A firearm or an air handgun by a person 10 years of age or more but under the age of 14 years if—
(i)
the person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and
(ii)
the person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(s)
(possession on behalf of Crown) the possession of a firearm by a person on behalf of the Crown.
(3)
A person is not excluded from the application of this Act under subsection (2) if the person—
(a)
is suspended from holding a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth; or
(b)
has been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; or
(c)
is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or
(d)
handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm.
(4)
If this Act does not apply to the possession or handling of a firearm by a person in circumstances referred to in subsection (2), this Act does not apply to the acquisition of the firearm by the person in those circumstances.
(5)
The regulations may exempt, or empower the Registrar to exempt, classes of persons or firearms from the application of this Act or provisions of this Act, absolutely or subject to conditions.
(6)
The Registrar may exempt a specified person, absolutely or subject to conditions, from specified provisions of this Act and may vary or revoke an exemption by written notice served personally or by registered post on the holder of the exemption.
(7)
In this section—
air handgun means a handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant.

Part 2Possession and use of firearms and firearms dealersDivision 1Requirement for licence9Possession and use of firearms

(1)
A person who has possession of a firearm without holding a firearms licence authorising possession of the firearm is guilty of an offence.
(2)
A person who has possession of or uses a firearm for a purpose that is not authorised by a firearms licence held by the person is guilty of an offence.
(3)
If, in proceedings for an offence under subsection (2), the evidence gives rise to a reasonable inference that the purpose for which the defendant had possession of or used the firearm was not authorised by the licence, the onus shifts to the defendant to establish that the purpose for which he or she had possession of or used the firearm was authorised by the licence.
(4)
Subject to this section, the maximum penalty for an offence under this section is as follows:
(a)
if the firearm is a prescribed firearm—$50 000 or imprisonment for 10 years;
(b)
if the firearm is a category C, D or H firearm—$35 000 or imprisonment for 7 years;
(c)
if the firearm is any other category of firearm—$20 000 or imprisonment for 4 years.
(5)
The maximum penalty for an aggravated offence is as follows:
(a)
if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;
(b)
if the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years;
(c)
if the firearm is any other category of firearm—$35 000 or imprisonment for 7 years.
(6)
A person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.
(7)
An offence under this section is an aggravated offence if it has been proved that—
(a)
the firearm to which the offence relates was—
(i)
loaded (irrespective of whether the offender knew that it was loaded); or
(ii)
in the immediate vicinity of ammunition suitable for use in the firearm; or
(b)
the offender had the firearm concealed about his or her person; or
(c)
the offender committed the offence in connection with, or at the same time as, an act or omission that would, if proved, constitute a prescribed offence against the Controlled Substances Act 1984.
(8)
For the purposes of this section—
(a)
a person who has possession of a self‑loading rim fire rifle that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the rifle will be taken to have possession of a category C firearm; and
(b)
a person who has possession of a self‑loading rim fire rifle and also has possession of a magazine with a capacity of more than 10 rounds that can be fitted to the rifle will be taken to have possession of a category D firearm even though the magazine is not fitted to the rifle; and
(c)
a person who has possession of a self‑loading or pump action shotgun that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the shotgun will be taken to have possession of a category C firearm; and
(d)
a person who has possession of a self‑loading or pump action shotgun and also has possession of a magazine with a capacity of more than 5 rounds that can be fitted to the shotgun will be taken to have possession of a category D firearm even though the magazine is not fitted to the shotgun; and
(e)
a firearm will be taken to be loaded if a round is in the breech, barrel or chamber of the firearm or in a magazine comprising part of or attached to the firearm.

10Dealers

(1)
A person who carries on the business of a dealer in South Australia without holding a firearms licence authorising the person to carry on that business is guilty of an offence.
Maximum penalty: $35 000 or imprisonment for 7 years.
(2)
For the purposes of this section, a person who purchases or sells more than 20 firearms or more than 20 firearm parts in any 12 month period will be taken to be carrying on the business of a dealer in respect of the firearms or firearm parts purchased or sold in excess of 20 in that period unless it is proved that the person was not carrying on such a business.

(3)
Subsection (2) does not apply if all the firearms purchased or sold in a 12 month period were the subject of 1 or more transactions entered into on the same day at an auction.
(4)
For the purposes of this section, a person who purchases or sells more than 50 000 rounds of ammunition in any 12 month period will be taken to be carrying on the business of a dealer in respect of the ammunition purchased or sold in excess of 50 000 rounds in that period unless it is proved that the person was not carrying on such a business.
(5)
Subsection (4) does not apply—
(a)
in relation to a recognised firearms club; or
(b)
if all the ammunition purchased or sold in a 12 month period was the subject of 1 or more transactions entered into on the same day at an auction.

11Employment of persons by licensed dealers

(1)
If a licensed dealer employs a disqualified person in the business of the dealer, the dealer and the disqualified person are each guilty of an offence.
Maximum penalty: $35 000 or imprisonment for 7 years.
(2)
It is a defence to a charge against a licensed dealer for an offence under subsection (1) to prove that the dealer did not know, and could not reasonably be expected to have known, that the person employed in the business of the dealer was in fact a disqualified person.
(3)
It is a defence to a charge against a person employed in the business of a dealer for an offence under subsection (1) to prove that the person did not know, and could not reasonably be expected to have known, that he or she was disqualified from being employed in the business.
(4)
If a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to firearms, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person—
(a)
to carry on the business of a dealer; or
(b)
to possess and use firearms as an employee of a licensed dealer.
Maximum penalty: $35 000 or imprisonment for 7 years.
(5)
If a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to ammunition, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person to possess and use firearms, or to possess ammunition, as an employee of a licensed dealer.
Maximum penalty: $35 000 or imprisonment for 7 years.
(6)
Subsection (4) does not apply to the employment by a licensed dealer of the holder of a firearm refurbishment permit for the purposes of undertaking processes authorised by the permit in the ordinary course of the dealer's business under the licence.
(7)
In this section—
disqualified person—a person is a disqualified person for the purposes of this section if—
(a)
a firearms licence held by the person (whether under this Act or the repealed Act) has, within the preceding 5 years, been cancelled; or
(b)
an application for a licence or permit made by the person under this Act or the repealed Act within the preceding 5 years was refused on the ground—
(i)
that the applicant was not a fit and proper person to hold the licence or permit; or
(ii)
that to grant the licence or permit would be contrary to the public interest; or
(c)
the person has, within the preceding 5 years, been found guilty of—
(i)
an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or
(ii)
an offence under this Act or the repealed Act; or
(iii)
an offence as prescribed by the regulations; or
(d)
the person is the subject of—
(i)
a firearms prohibition order; or
(ii)
an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or
(iii)
a foreign restraining order; or
(iv)
a control order under the Serious and Organised Crime (Control) Act 2008; or
(e)
the person is a member of, or a participant in, a criminal organisation;
employ a person includes engage the person as an agent.

Division 2Categories of licence and authorised purposes12Licence categories and authorised purposes

(1)
A firearms licence may authorise the licensee to—
(a)
possess a particular firearm, or firearms of a particular category, for a purpose authorised under the licence; or
(b)
possess firearms of a particular category, firearm parts or ammunition for the purpose of carrying on the business of a dealer or as an employee of a dealer; or
(c)
manufacture firearms or firearm parts.
(2)
For the purposes of this Act, the regulations—
(a)
may set out the categories of firearms licence that may be granted under the Act; and
(b)
may prescribe the category or categories of firearms the possession or use of which may be authorised in respect of each category of licence; and
(c)
may—
(i)
prescribe the purpose for which possession or use of a firearm may be authorised in respect of each category of licence; or
(ii)
authorise the Registrar to determine the purpose for which possession or use of a firearm may be authorised in respect of a particular category of licence.
(3)
Nothing prevents a person from holding more than 1 category of firearms licence.
(4)
Nothing prevents a firearms licence from being constituted of more than 1 category of licence, provided that a firearms licence authorising the purpose of collecting, or collecting and displaying, firearms does not authorise any other purpose.
(5)
A firearms licence may—
(a)
indicate the purpose for which a firearm may be possessed under the licence by specifying on the licence document the particular purpose of the licence (for example, by specifying "Category 1"); and
(b)
indicate the firearms that may be possessed under the licence by specifying on the licence document the particular category of firearms (for example, by specifying "Category A").

Division 3General provisions relating to licences13Division applies to initial grant and renewal

The provisions of this Division apply in relation to both the initial grant of a licence and the renewal of a licence.

14Applications for licences

(1)
An application for a firearms licence—
(a)
must be made to the Registrar in the manner and form approved by the Registrar; and
(b)
must be accompanied by any documents required under this Act or by the Registrar; and
(c)
must be accompanied by the application fee prescribed by the regulations.
(2)
The Registrar may require an applicant to furnish any information the Registrar requires to determine the application.
(3)
Subject to this Act and any exception allowed under the regulations, an application for a firearms licence cannot be made by a natural person under the age of 18 years.
(4)
Subject to any exception allowed under the regulations, if a person's firearms licence has been cancelled by the Registrar under section 20(6) or (7), an application for a firearms licence cannot be made by the person before the expiration of 3 years after the day on which the cancellation takes effect.

15Grant of licences

(1)
The Registrar may only refuse an application for a firearms licence if the Registrar is not satisfied—
(a)
that the applicant has made the application in accordance with this Act and met the requirements of the Registrar in connection with the application; or
(b)
that the applicant is a fit and proper person to hold the licence; or
(c)
that the applicant has a genuine reason to possess a firearm to which the application relates; or
(d)
that the applicant could use a firearm to which the application relates for the purpose that would be authorised by the licence; or
(e)
that the applicant has, in respect of any licence held by the applicant (whether under this Act or the repealed Act), complied with or satisfied the requirements of this Act or the repealed Act (as the case requires) or the conditions of the licence; or
(f)
that the applicant will comply with or satisfy the requirements of this Act or the conditions of the licence; or
(g)
in the case of an application to be a licensed dealer—
(i)
that the applicant is to be primarily responsible for the management of the business that would be carried on under the licence; or
(ii)
that the applicant has, or in the case of an applicant that is a company, the director or directors together have, sufficient business knowledge and experience and financial resources for the purpose of properly conducting the business that would be carried on under the licence; or
(iii)
that the premises at which the applicant proposes carrying on the business are appropriate for the purpose; or
(h)
in the case of an application for a licence authorising the holder to possess and use firearms as an employee of a licensed dealer—that the applicant is not a disqualified person within the meaning of section 11; or
(i)
in the case of an application by a natural person—
(i)
that the applicant has established his or her identity, date of birth and residential and postal addresses (the Registrar may require the applicant to provide evidence of identity in the same manner as would be required for the opening of an account at an ADI); or
(ii)
that the applicant is an Australian citizen or permanent resident usually resident in South Australia; or
(iii)
that the applicant has successfully completed training in the safe handling, use, storage and transport of firearms as required under the regulations; or
(j)
that he or she would be prepared to grant a permit to the applicant to acquire a firearm of a category that the applicant would be authorised to possess by the licence if it were granted; or
(k)
that the applicant meets a requirement prescribed by the regulations; or
(l)
that to grant the licence would be in the public interest.
(2)
For the purposes of subsection (1)(c), a person has a genuine reason to possess a firearm if the person genuinely intends to possess or use the firearm for a purpose that would be authorised under the licence if it were granted.
(3)
A person does not have a genuine reason to possess a firearm if—
(a)
the person intends possessing or using it for the purpose of personal protection or the protection of another; or
(b)
the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be authorised under the licence if it were granted.
(4)
Subsection (3) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of a firearm.
(5)
An application for a firearms licence must not be granted if the applicant has been found guilty of a prescribed offence within the 5 years immediately preceding the application.
(6)
If the Registrar refuses an application for renewal of a firearms licence, the Registrar must, by written notice served personally or by registered post on the licensee, notify the licensee of the refusal within 28 days of the decision to refuse the application.
(7)
If—
(a)
the Registrar refuses an application for a firearms licence on the ground that the Registrar is not satisfied that to grant the licence would be in the public interest; and
(b)
the Registrar made the decision because of information that is classified by the Registrar as criminal intelligence,
the Registrar is not required to provide any reasons for the Registrar's decision to the applicant other than that the decision was made on public interest grounds under this section.
(8)
Subject to the regulations, an application for a firearms licence (other than renewal of a licence) must not be granted until at least 28 days have elapsed from the date of the application.
(9)
The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 6 months after it was made.
(10)
A firearms licence does not come into force until any licence fee required to be paid under this Act has been paid.

16Nominees of licensed companies

(1)
It is a condition of a firearms licence that is held by a company that the company must have a person (the company's principal nominee) who—
(a)
has been approved by the Registrar in accordance with the regulations; and
(b)
holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and
(c)
is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia; and
(d)
exercises control on behalf of the company over the firearms in the possession of the company under its licence; and
(e)
keeps a record of the firearms in the possession of the company under its licence, as required by the Registrar.
(2)
The Registrar may, in accordance with the regulations, approve persons (the company's secondary nominees) to assist the principal nominee in exercising the powers and performing the functions of the principal nominee, subject to such limitations and conditions as the Registrar thinks fit.
(3)
A person may only be approved as a company's secondary nominee if the person—
(a)
holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and
(b)
is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia.
(4)
A company's secondary nominee is subject to the direction of the company's principal nominee in assisting the principal nominee.
(5)
In assisting a company's principal nominee in the exercise of his or her powers or the performance of his or her functions, the company's secondary nominee must not, without reasonable excuse, fail to comply with any reasonable direction of the principal nominee.
Maximum penalty: $5 000.
(6)
The Registrar may, in accordance with the regulations, revoke an approval under this section.

17Term and renewal of licence

(1)
Subject to this Act, a firearms licence remains in force—
(a)
in the case of a licence that only authorises the possession or use of category A, B or C firearms or a licence that authorises the holder to carry on the business of a dealer—for a term not exceeding 5 years; or
(b)
in the case of any other licence—for a term not exceeding the term prescribed by the regulations (which must not exceed 5 years).
(2)
A licence may be renewed from time to time.

18Limitations and conditions of licences

(1)
A firearms licence does not authorise the possession and use of a firearm acquired by the licensee if possession of the firearm was obtained by the licensee in contravention of Part 3.
(2)
A firearms licence is subject to the following conditions:
(a)
the licensee must, whenever required to do so by the Registrar, provide the Registrar with information relating to—
(i)
any firearm registered in the licensee's name or in his or her possession; or
(ii)
the licensee's use of such a firearm; or
(iii)
a matter relevant to whether the licensee is a fit and proper person to hold the licence;
(b)
the licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar;
(c)
the licensee must allow a police officer to inspect, at any reasonable time, the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms.
(3)
A firearms licence is subject to (in addition to the limitations and conditions prescribed by other provisions of this Act)—
(a)
any limitations or conditions prescribed by the regulations; and
(b)
any limitations or conditions imposed by the Registrar.

19Breach of conditions

A licensee who fails to comply with a condition of the licence is guilty of an offence.
Maximum penalty:
(a)
if the condition relates to a category C, D or H firearm or a prescribed firearm—$20 000 or imprisonment for 4 years;
(b)
in any other case—$10 000 or imprisonment for 2 years.

20Variation, cancellation and suspension of licences

(1)
The Registrar may, on the Registrar's own initiative or on application, vary a firearms licence at any time—
1. (a)
  by varying the firearms to which the licence relates (but subject to the limitations and conditions prescribed by or under this Act); or
2. (b)
  by imposing a limitation or condition of the licence or varying or revoking a limitation or condition of the licence (other than a limitation or condition prescribed by or under this Act); or
3. (c)
  by varying, revoking or adding a purpose for which a firearm may be possessed under the licence.
(2)
An application for variation of a licence—
1. (a)
  must be made to the Registrar in the manner and form approved by the Registrar; and
2. (b)
  must be accompanied by any documents required under this Act or by the Registrar; and
3. (c)
  must be accompanied by the application fee prescribed by the regulations.
(3)
If an application for variation of a licence concerns the category of firearms to which the licence relates or the purpose for which the applicant may possess firearms, the Registrar may require the applicant to proceed instead by way of application for a licence under section 14.
(4)
The variation of a licence during the term of the licence does not operate until the Registrar has given the licensee (either personally or by registered post) written notice of the variation.
(5)
If the Registrar is considering variation of a licence, the Registrar may require the licensee to furnish any information the Registrar requires for the purpose.
(6)
The Registrar may, by written notice served personally or by registered post on the licensee, cancel a firearms licence—
1. (a)
  if satisfied that the licensee obtained the licence improperly; or
2. (b)
  if satisfied that the licensee has not used a firearm for the purpose authorised by the licence; or
3. (c)
  if satisfied that the licensee has failed to comply with or satisfy the requirements of this Act or the conditions of the licence; or
4. (d)
  on any ground on which the Registrar might refuse an application by the licensee for such a licence.
(7)
The Registrar must, by written notice served personally or by registered post on the licensee, cancel a firearms licence if the licensee is found guilty of an offence prescribed by the regulations for the purposes of section 15(5) committed after the commencement of this subsection.
(8)
The Registrar may, by written notice served personally or by registered post on a licensee, suspend the licence pending an investigation as to whether grounds exist for action against the licensee.
(9)
If grounds exist for cancelling a licence (other than the grounds referred to in subsection (7)), the Registrar may instead, by written notice served personally or by registered post on the licensee, limit the firearms that may be possessed or used by the licensee under the licence.
(10)
A notice served on a licensee varying or cancelling the licence under this section must set out the Registrar's reasons for the action.
(11)
Subsection (10) does not apply in relation to the variation or cancellation of a licence on application.
(12)
If the Registrar varies or cancels a licence under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.
(13)
The Registrar may, on the application of a licensee, cancel the licence.
(14)
The Registrar may, on his or her own initiative or on application by a person whose licence is suspended, revoke the suspension.
(15)
If—
1. (a)
  a licence held by a person has been cancelled or suspended and the person was authorised by the licence to use a firearm—
  1. (i)
    as a member of a recognised firearms club; or
  2. (ii)
    in the course of his or her employment; or
2. (b)
  a licence held by a person has been varied and, as a result, the person is no longer authorised to use a firearm—

1. 1. (i)
    as a member of a recognised firearms club; or
  2. (ii)
    in the course of his or her employment,

the Registrar must, after serving notice under subsection (16), inform the club or the person's employer (or both) of the cancellation, suspension or variation of the licence.

(16)
The Registrar must serve notice on the holder or former holder of a licence that the Registrar intends to inform the person's club or employer (or both) of the cancellation, suspension or variation of the licence.
(17)
The Registrar is not subject to any civil or criminal liability in respect of action taken by the Registrar under subsection (15).

21Surrender of firearms etc when licence cancelled, suspended etc

(1)
If, under this Part or in prescribed circumstances, a person's firearms licence is cancelled or suspended or an application by a person for renewal of a firearms licence is refused, the person must surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person—
1. (a)
  if served personally with notice of the cancellation, suspension or refusal—immediately; or
2. (b)
  if served with notice of the cancellation, suspension or refusal by registered post—within 7 days of service of the notice.

Maximum penalty:
(a)
in the case of a firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of a firearm part, sound moderator or ammunition—$20 000 or imprisonment for 4 years.

(2)
If the firearms that may be possessed or used by a licensee under a firearms licence are limited under section 20 then the licensee must—
1. (a)
  if served personally with notice of the variation of the licence, immediately surrender to the Registrar—
  1. (i)
    any firearm, possession or use of which is no longer authorised by the licence; and
  2. (ii)
    any associated firearm parts, sound moderators and ammunition,
owned by or in the possession of the person; or
1. (b)
  if served with notice of the variation of the licence by registered post, within 7 days of service of the notice, surrender to the Registrar—
  1. (i)
    any firearm, possession or use of which is no longer authorised by the licence; and
  2. (ii)
    any associated firearm parts, sound moderators or ammunition,
owned by or in the possession of the person.

Maximum penalty:
(a)
in the case of a firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of a firearm part, a sound moderator or ammunition—$20 000 or imprisonment for 4 years.

(3)
A person who is required to surrender a firearm under this section must not use the firearm for any purpose before surrendering it in accordance with this section.

Maximum penalty:
(a)
in the case of a prescribed firearm or a category C, D or H firearm—$50 000 or imprisonment for 10 years;
(b)
in the case of any other kind of firearm—$20 000 or imprisonment for 4 years.

(4)
In this section—

associated firearm part, sound moderator and ammunition means any firearm part, sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which is no longer authorised by the firearms licence, but does not include a firearm part, a sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which continues to be authorised by the person's licence.

Part 3Acquisition, supply and transfer of possession of firearms22Trafficking in firearms

(1)
Subject to this section, a person who acquires a firearm is guilty of an offence unless—
(a)
the person is authorised to acquire the firearm by a permit under this Part (or under corresponding legislation of another State or Territory of the Commonwealth); and
(b)
there is compliance with the prescribed process for acquisition of the firearm.
(2)
If a person acquires a firearm in contravention of subsection (1), the following persons are each guilty of an offence:
(a)
the person who supplied the firearm;
(b)
a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of acquisition or supply of the firearm;
(c)
a person who knowingly provided or arranged finance for a step in the process of acquisition or supply of the firearm;
(d)
a person who knowingly provided the premises in which a step in the process of acquisition or supply of the firearm was taken, or allowed a step in the process of acquisition or supply of the firearm to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.
(3)
Subsection (1) does not apply to the acquisition of a firearm by a licensed dealer in the ordinary course of the dealer's business under the licence.
(4)
Subsection (1)(b) does not apply to the acquisition of a firearm from a licensed dealer in the ordinary course of the dealer's business under the licence, including the acquisition of a firearm from a licensed dealer as the agent of the owner of the firearm.
(5)
It is a defence to a charge of an offence under subsection (1) or (2) to prove—
(a)
that the acquisition was pursuant to—
(i)
an oral loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 10 days; or
(ii)
a written loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 28 days; or
(b)
in the case of a category A, B or H firearm, that—
(i)
the acquisition was pursuant to—
(A)
an oral loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 10 days; or
(B)
a written loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 28 days; and
(ii)
the owner had, immediately before delivering the firearm to the licensee, inspected the person's licence and was satisfied that the person was authorised by the licence to possess the firearm for the agreed purpose; and
(iii)
the owner had no reason to believe that the licensee would breach the agreement; and
(iv)
in the case of a written agreement—the owner and the licensee each made and retained a written record relating to the licensee's acquisition of the firearm in accordance with the regulations; or
(c)
the acquisition was in circumstances prescribed for the purposes of this subsection by the regulations.
(6)
A person who acquires a firearm pursuant to an oral agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 10 days.
Maximum penalty:
(a)
if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;
(b)
if the offence is committed in relation to any other kind of firearm—$5 000 or imprisonment for 1 year.
(7)
A person who acquires a firearm pursuant to a written agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 28 days.
Maximum penalty:
(a)
if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;
(b)
if the offence is committed in relation to any other kind of firearm—$5 000 or imprisonment for 1 year.
(8)
The regulations may make provision for, or in relation to, the retention, production and inspection of written agreements referred to in subsection (5)(a) and (b).
(9)
If a firearm is acquired by or from a licensed dealer in the ordinary course of the dealer's business under the licence (including from a licensed dealer as the agent of the owner of the firearm), the licensed dealer is guilty of an offence if the dealer fails to comply with the requirements prescribed by the regulations for the purposes of this subsection.
(10)
Subject to this section, the maximum penalty for a first offence against subsection (1), (2) or (9) that involves only 1 firearm is as follows:
(a)
in the case of an aggravated offence—
(i)
if the firearm is a prescribed firearm, or a category C, D or H firearm—$100 000 or imprisonment for 20 years;
(ii)
if the firearm is a category A or B firearm—$50 000 or imprisonment for 10 years;
(b)
in any other case—
(i)
if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;
(ii)
if the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years;
(iii)
if the firearm is any other category of firearm—$35 000 or imprisonment for 7 years.
(11)
Subject to this section, the maximum penalty for—
(a)
a first offence against subsection (1), (2) or (9) that involves more than 1 firearm; or
(b)
a subsequent offence against subsection (1), (2) or (9),
is imprisonment for 20 years.
(12)
A person who has not previously been found guilty of an offence against subsection (1), (2) or (9) may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the offence involves a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.
(13)
For the purposes of subsections (10), (11) and (12), a previous offence against—
(a)
the repealed Act; or
(b)
corresponding legislation in another State or Territory of the Commonwealth (whether committed before or after the commencement of this section),
involving the unlawful acquisition or supply of a firearm is to be regarded as a previous offence against subsection (1), (2) or (9).
(14)
An offence against subsection (2)(a) or (9) is an aggravated offence if it has been proved that the person to whom the firearm was supplied by the defendant was under the age of 18 years.

23Permits to acquire firearms

(1)
An application for a permit to acquire a firearm—
(a)
must be made to the Registrar in the manner and form approved by the Registrar; and
(b)
must be accompanied by any documents required under this Act or by the Registrar; and
(c)
must be accompanied by the application fee prescribed by the regulations.
(2)
The Registrar may require an applicant to furnish any information the Registrar requires to determine the application.
(3)
Subject to this section, the Registrar may only refuse an application for a permit to acquire a firearm if—
(a)
the applicant has not made the application in accordance with this Act or has not met the requirements of the Registrar in connection with the application; or
(b)
the applicant does not hold a firearms licence that authorises possession of the firearm; or
(c)
the Registrar is not satisfied that the applicant is a fit and proper person to acquire the firearm; or
(d)
the Registrar is not satisfied that the applicant has—
(i)
a genuine reason to acquire the firearm; and
(ii)
a genuine need to acquire the firearm that cannot be met by a firearm already in the possession of the applicant; or
(e)
the Registrar is not satisfied that the applicant, being a licensee, could use the firearm for the purpose authorised by the licence; or
(f)
the Registrar is not satisfied that the applicant, being a licensee, will comply with or satisfy a condition of the licence or a requirement of this Act relevant to the firearm; or
(g)
the Registrar is of the opinion that the firearm is particularly dangerous, or is otherwise unsuitable for the purpose for which it is intended to be used, by reason of its design, construction or any other factor; or
(h)
the Registrar is of the opinion that the firearm could easily be converted to an automatic firearm; or
(i)
the Registrar is of the opinion that, by reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use; or
(j)
the applicant has in the past acquired a firearm that he or she failed to produce to the Registrar for registration in accordance with this Act or the repealed Act; or
(k)
the applicant has been found guilty of an offence under this Act or the repealed Act; or
(l)
the Registrar is not satisfied that the applicant meets a requirement prescribed by the regulations.
(4)
A licence granted to a person in order that the person may possess a firearm for use as an employee in a business carried on by another is not sufficient for the purposes of subsection (3)(b) to justify the granting of a permit to acquire a firearm.
(5)
For the purposes of subsection (3)(d)(i), a person has a genuine reason to acquire a firearm if the person genuinely intends to possess or use the firearm for a purpose authorised by a licence held by the applicant.
(6)
A person does not have a genuine reason to acquire a firearm if—
(a)
the person intends possessing or using it for the purpose of personal protection or the protection of another; or
(b)
the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose is not authorised by the licence held by the person.
(7)
Subsection (6) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the acquisition of a firearm.
(8)
Subsection (3)(d)(ii) does not apply to—
(a)
a category A firearm; or
(b)
a firearm that has been rendered unusable in a manner stipulated in the regulations or by the Registrar; or
(c)
a firearm, or a firearm of a kind, prescribed by the regulations.
(9)
Subject to subsection (10), an application for a permit must not be granted until at least 28 days have elapsed from the date of the application.
(10)
An application for a permit may be granted before 28 days have elapsed from the date of the application if—
(a)
the applicant is the owner of a registered firearm of the same category as the firearm to which the application relates; or
(b)
the Registrar is satisfied that it is safe to do so and that there are special reasons for doing so.
(11)
The period for which a permit remains in force must be specified in the permit.

24Cancellation of permit

(1)
The Registrar may, by written notice served personally or by registered post on the holder of a permit under this Part, cancel the permit—
(a)
if the holder of the permit has failed to comply with a provision of this Act; or
(b)
if satisfied that the holder of the permit obtained the permit improperly; or
(c)
on any ground on which the Registrar might refuse an application by the holder of the permit for the permit.
(2)
A notice served on the holder of a permit cancelling the permit under this section must set out the Registrar's reasons for the cancellation.
(3)
If the Registrar cancels a permit under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.

25Transfer of possession of firearms

(1)
The owner of a firearm may only transfer possession of the firearm to another person—
(a)
if he or she is selling, giving, lending or hiring the firearm to the other person; or
Note—
For circumstances in which it is lawful for a person to sell, give, lend or hire a firearm to another person, see section 22.
(b)
if the other person is a licensed dealer in firearms and possession is transferred—
(i)
to enable the dealer to repair, modify or test the firearm, or to display the firearm on behalf of the owner for the purpose of sale; or
(ii)
to the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or
(c)
in circumstances in which this Act does not apply to the possession or handling of the firearm by the person under section 8(2); or
(d)
in circumstances authorised by regulation.
(2)
A person must not accept the transfer of possession of a firearm unless possession is transferred to him or her in circumstances referred to in subsection (1).
(3)
A person to whom possession of a firearm is transferred in circumstances referred to in subsection (1) who is not the owner of the firearm must not (unless authorised by or under this Act) transfer possession of the firearm to any other person except the owner of the firearm.
(4)
A person who contravenes a provision of this section is guilty of an offence.
Maximum penalty:
(a)
if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;
(b)
if the offence is committed in relation to any other kind of firearm—$5 000 or imprisonment for 1 year.
(5)
The regulations may make provision in relation to what constitutes, or does not constitute, possession of a firearm, or transfer of possession of a firearm, for the purposes of this section, including by prescribing circumstances in which a person will, or will not, be taken to be in possession of, or to have transferred possession of, a firearm.
(6)
In this section—
giving a firearm to a person means transferring ownership of the firearm to the person as a gift.

Part 4Registration of firearms26Application of Part

This Part does not apply to—
(a)
a firearm in the possession of a licensed dealer in the ordinary course of the person's business under the licence; or
(b)
a firearm in the possession of a person in prescribed circumstances; or
(c)
a receiver in the possession of a person in whose name a firearm of which the receiver forms part is registered (whether the firearm is assembled or disassembled).

27Requirement to register firearms

(1)
A person is guilty of an offence if the person has possession of an unregistered firearm.
(2)
It is a defence to a charge of an offence under subsection (1) to prove that the firearm came into the defendant's possession lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered by the time of the alleged offence.
(3)
A person who is the owner of a firearm is guilty of an offence if the firearm is not registered in the person's name.
(4)
Subsection (3) does not apply to—
(a)
the owner of a firearm if the registration of the firearm is cancelled under section 30(6); or
(b)
a person who is the owner of a firearm by virtue of his or her possession of the firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent.
(5)
It is a defence to a charge of an offence under subsection (3) to prove that ownership of the firearm passed to the defendant lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered in the defendant's name by the time of the alleged offence.
(6)
The maximum penalty for an offence under this section is as follows:
(a)
if the firearm is a prescribed firearm—$35 000 or imprisonment for 7 years;
(b)
if the firearm is a category C, D or H firearm—$20 000 or imprisonment for 4 years;
(c)
if the firearm is any other category of firearm—$10 000 or imprisonment for 2 years.

28Registration of firearms

(1)
An application for registration of a firearm—
(a)
must be made to the Registrar in the manner and form approved by the Registrar; and
(b)
must be accompanied by any documents required by the Registrar; and
(c)
must be accompanied by the fee prescribed by the regulations.
(2)
The Registrar may require an applicant to furnish any information the Registrar requires to determine the application.
(3)
The Registrar may only refuse an application for registration of a firearm if the Registrar is satisfied that—
(a)
acquisition of the firearm by the applicant was not authorised by a permit in contravention of this Act; or

(b)
by leaving it for the person at his or her place of residence or, in the case of a company, at the company's registered office, with someone apparently over the age of 16 years;
(c)
by serving it by registered post on the person or an agent of the person at his or her last known address;
(d)
by transmitting it by fax or email to a fax number or email address provided by the person to the Registrar for the purpose (in which case the notice or document will be taken to have been given or served at the time of transmission).
(2)
Service by post is effected by addressing, prepaying and posting the notice or document and service will be taken to have occurred when the notice or document, or notice that the notice or document is available for collection, would be delivered in the ordinary course of post.

78Regulations

(1)
The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)
Without limiting the generality of subsection (1), the regulations may—
(a)
make provision for the making of applications for, and the grant, variation and cancellation of, and the imposition of conditions or limitations on, permits and other authorisations granted under the regulations; and
(b)
make provision in relation to mandatory reporting and other obligations of medical practitioners, employers, licensees, firearm owners and other specified persons in relation to prescribed matters or circumstances; and
(c)
make provision for procedures, specifications and requirements in respect of applications for, and granting and revocation of, approval of company nominees; and
(d)
make provision in relation to the advertising of firearms for sale; and
(e)
make provision with respect to the keeping of records and other documents or the furnishing of information and documents (including by electronic means) to the Registrar; and
(f)
regulate the keeping and form of registers; and
(g)
prescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees for the purposes of this Act; and
(h)
without derogating from the power to declare that a contravention of a code of practice is of a particular category under Part 6—
(i)
prescribe expiation fees not exceeding $1 250 for alleged offences under this Act; and
(ii)
prescribe fines not exceeding $5 000 for offences against the regulations.
(3)
A regulation under this Act may confer discretionary powers.
(4)
The regulations may be of general application or vary in their application according to prescribed factors.
(5)
The regulations may include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences against this Act or the regulations.
(6)
A regulation under this Act may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or specified regulations.
(7)
A provision referred to in subsection (6) may, if the regulations so provide, take effect from a day that is earlier than the day on which the regulation is made but, in such a case, the provision does not operate so as—
(a)
to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or
(b)
to impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation.

Schedule 1—Transitional provisions

Part 15—Transitional provisions

25—Interpretation

In this Part—
transition period means the period of 12 months from the commencement of this clause.

26—Licences continued

(1)
A firearms licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a firearms licence of the corresponding category issued under this Act that—
(a)
authorises the possession and use of the same firearms or categories of firearms for the same purpose or purposes as the licence under the repealed Act; and
(b)
is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.
(2)
A firearms licence that authorised the licensee to act as a dealer's assistant in force under the repealed Act immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence, or for 12 months following that commencement, whichever is the lesser period, as if it were a licence under this Act that—
(a)
authorises the licensee to possess and use firearms, or to possess ammunition, only as an employee of a licensed dealer; and
(b)
authorises the possession and use of firearms, firearm parts or ammunition for the purpose of the business of a licensed dealer, being firearms, firearm parts or ammunition of the same categories or kinds as the licensee was authorised to possess and use by the licence under the repealed Act; and
(c)
is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.
(3)
Subject to this Act, section 11(5) does not apply, until the end of the transition period, in respect of a person who, immediately before the commencement of this clause, was an employee of a licensed dealer authorised under the repealed Act to deal in ammunition only, and who, immediately after the commencement of this clause has access to ammunition in the course of his or her employment with that dealer.
(4)
A dealer's licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a licence that—
(a)
authorises the licensee to carry on the business of a dealer; and
(b)
authorises the possession and use of firearms, firearm parts and ammunition for the purpose of the business of the dealer, being firearms, firearm parts and ammunition of the same categories or kinds as the dealer was authorised to deal in by the licence under the repealed Act; and
(c)
is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

27—Firearms permits

A firearms permit in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a firearms licence under this Act that—
(a)
authorises, for the purpose only of use in a primary production business, the possession of the same firearms or categories of firearms as the firearms permit under the repealed Act; and
(b)
is subject to the conditions and limitations applicable to a licence under this Act that authorises the possession and use of firearms for the purpose of primary production, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

28—Permits to acquire firearms continued

A permit to acquire a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a corresponding permit issued under this Act.

29—Registration of firearms continued

Registration of a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were registration of the firearm under this Act.

30—Registration of prescribed firearms

Section 27 does not apply, during the transition period, to a prescribed firearm in the possession of the holder of a firearms licence that authorised possession of the prescribed firearm under the repealed Act immediately before the commencement of that period.
31—Possession, use and registration of firearms that were not firearms under repealed Act
(1)
If a device that is a firearm within the meaning of this Act was not a firearm within the meaning of the repealed Act—
(a)
this Act does not apply, during the transition period, to the possession or use of the device; and
(b)
section 27(3) does not apply, during the transition period, to the owner of the device.
(2)
Despite sections 14(1)(c) and 28(1)(c)—
(a)
no application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm was, under the repealed Act, a deactivated firearm and—
(i)
the applicant was in lawful possession of the firearm before the commencement of this clause; and
(ii)
the application is made before the end of the transition period; and
(b)
no application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm is a firearm within the meaning of this Act but was not a firearm within the meaning of the repealed Act because it was not designed to be carried by hand and—
(i)
the applicant was in lawful possession of the firearm before the commencement of this clause; and
(ii)
the application is made before the end of the transition period; and
(iii)
the Registrar is satisfied that the applicant is—
(A)
a museum to which access is permitted to the public, whether for free or on payment of money; or
(B)
the RSL or a sub-branch of the RSL; or
(C)
a genuine collector of firearms of historical or other significance and genuinely has possession of the firearm for that purpose; and
(c)
no application fee is payable in relation to an application for renewal of a licence authorising possession of a firearm made after the end of the transition period if, under paragraph (a) or (b), no application fee was payable in relation to the application for the grant of the licence in respect of that firearm.
(3)
If an application for a licence, or for the renewal of a licence, to which subclause (2) applies also includes an application for authorisation to possess a firearm that does not fall within the ambit of that subclause, then that subclause does not operate to preclude the requirement for payment of an application fee in respect of the application insofar as it relates to the additional firearm.
(4)
In this clause—
deactivated firearm means a device that was not a firearm for the purposes of the repealed Act because it had been rendered unusable in a manner stipulated in the regulations under that Act or by the Registrar;
RSL means the Returned & Services League of Australia (S.A. Branch) Incorporated.

32—Permits to acquire ammunition continued

A permit to acquire ammunition in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a permit to possess ammunition issued under this Act, subject to the condition and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

33—Recognised firearms clubs and their grounds

(1)
A firearms club that is a recognised firearms club, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the club were a recognised firearms club under this Act.
(2)
An approval of grounds of a recognised firearms club in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

34—Commercial range operators and their ranges

(1)
A commercial range operator who is a recognised commercial range operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised commercial range operator under this Act.
(2)
An approval of a range of a recognised commercial range operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the range under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

35—Paint‑ball operators and their grounds

(1)
A paint‑ball operator who is a recognised paint‑ball operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised paint‑ball operator under this Act.
(2)
An approval of grounds of a recognised paint‑ball operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

36—Accredited paint‑ball employees

A person who possesses or uses a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations as an employee of the operator for the purposes of the business of the operator is not, during the transition period, required to be an accredited paint‑ball employee in order for section 8(2)(h) to operate in relation to the person.

37—Continuation of applications

(1)
An application for a firearms licence, or for renewal of a firearms licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, made under Part 2 Division 3 of this Act for a firearms licence of the corresponding category under this Act and is to be dealt with accordingly.
(2)
An application for a dealer's licence, or for renewal of a dealer's licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, authorising the licensee to carry on the business of a dealer made under Part 2 Division 3 of this Act and is to be dealt with accordingly.
(3)
An application for registration of a firearm made under Part 4 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for registration of a firearm made under Part 4 of this Act and is to be dealt with accordingly.
(4)
An application for a permit authorising the acquisition of a firearm made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to acquire a firearm made under Part 3 of this Act and is to be dealt with accordingly.
(5)
An application for a permit entitling the holder to acquire ammunition made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to possess ammunition made under Part 5 of this Act and is to be dealt with accordingly.
(6)
An application for recognition of a firearms club, paint-ball operator or commercial range operator made to the Minister under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for recognition of a firearms club, paint-ball operator or commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly.
(7)
An application for approval of the grounds of a recognised firearms club or recognised paint-ball operator, or for approval of the range of a recognised commercial range operator, made to the Registrar under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval of the grounds of the firearms club or paint-ball operator, or for approval of the range of the commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly.
(8)
An application for the approval of the Registrar made under section 27AA of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval made under section 38 of this Act and is to be dealt with accordingly.
(9)
If an application within the ambit of this clause satisfies the requirements of the provision of the repealed Act under which it was made, the application will be taken to satisfy the requirements of the provision of this Act under which it is to be taken to have been made subject to any requirements of the Registrar to furnish information he or she requires to determine the application.
(10)
The regulations may make further provision in relation to the manner in which applications made under the repealed Act that are not finally determined on the commencement of this clause are to be dealt with by the Registrar.

38—Application for renewal of licence

(1)
Section 15(5) does not apply to an application for renewal of a firearms licence under this Act where the applicant has been found guilty of a prescribed offence if the offence was committed before the commencement of this clause.
(2)
In this clause—
prescribed offence means an offence prescribed for the purposes of section 15(5).

39—Firearms prohibition orders continued

(1)
A firearms prohibition order or interim firearms prohibition order that applies to or is in force against a person, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if it were such an order under this Act.
(2)
An exemption given by the Registrar under section 10C(15) of the repealed Act and in force immediately before the commencement of this clause continues as if it were an exemption given by the Registrar under section 45(17).

40—Company nominees

(1)
A person appointed by a company, under the revoked regulations, to have control of the company's firearms at the place at which they are kept by the company will be taken to be the company's principal nominee until the end of the day on which the transition period expires or until a person is approved as the company's principal nominee under this Act, whichever occurs first.
(2)
In this clause—
revoked regulations means the Firearms Regulations 2008 as in force immediately before the commencement of this clause.
41—Certain other permits, acts and proceedings continued in effect
(1)
An international visitor firearms permit in force, under the regulations under the repealed Act, immediately before the commencement of this clause continues in force for the balance of the term of the permit, subject to this Act, as if it were a corresponding permit issued under the regulations under this Act, subject to the conditions and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.
(2)
An exemption, approval, authorisation or consent given under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act, subject to the conditions and limitations applicable to the exemption, approval, authorisation or consent under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.

(3)
A requirement, request or agreement made under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act.

42—Suspension of licences and permits

The suspension of a licence or permit under the repealed Act in operation immediately before the commencement of this clause continues to operate from that commencement, subject to this Act, as if the licence or permit had been suspended under this Act.

43—Reviews and appeals

(1)
A decision of the Firearms Review Committee under the repealed Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal.
(2)
A right to seek a review under the repealed Act in existence (but not yet exercised) before the relevant day, with the effect that the relevant proceedings would have been commenced before the Firearms Review Committee, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(3)
Any proceedings before the Firearms Review Committee under the repealed Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(4)
The Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before the Firearms Review Committee, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the Firearms Review Committee that may be relevant to proceedings before the Tribunal; and
(c)
adopt or make any decision, direction or order in relation to proceedings before the Firearms Review Committee before the relevant day (including so as to make a decision, direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(5)
Nothing in this clause affects a right to appeal to the District Court under section 26C of the repealed Act in force immediately before the relevant day against a decision of the Firearms Review Committee or the Registrar made or given before the relevant day.
(6)
Nothing in this clause affects any proceedings before the District Court commenced before the relevant day.
(7)
The Firearms Review Committee is dissolved by force of this subclause.
(8)
A member of the Firearms Review Committee holding office when subclause (7) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subclause at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(9)
In this clause—
Firearms Review Committee means the Firearms Review Committee established under the repealed Act;
relevant day means the day on which this Part comes into operation.

44—Acts Interpretation Act applies

The Acts Interpretation Act 1915 applies to the repeal of the Firearms Act 1977 and the enactment of this Act, except to the extent of any inconsistency with the provisions of this Schedule.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Firearms Act 2015 repealed the following:
Firearms Act 1977
Legislation amended by principal Act
The Firearms Act 2015 amended the following:
Bail Act 1985
Correctional Services Act 1982
Criminal Law Consolidation Act 1935
Criminal Law (High Risk Offenders) Act 2015
Criminal Law (Sentencing) Act 1988
Cross-border Justice Act 2009
Intervention Orders (Prevention of Abuse) Act 2009
Protective Security Act 2007
Security and Investigation Industry Act 1995
Sheriff's Act 1978
Summary Offences Act 1953
Young Offenders Act 1993
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2015
46
Firearms Act 2015
17.12.2015
1.7.2017 (Gazette 27.6.2017 p2619)
2017
27
Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017
18.7.2017
Pt 2 (ss 4—6)—18.7.2017: s 2
2017
53
Statutes Amendment (Sentencing) Act 2017
28.11.2017
Pt 12 (s 21)—30.4.2018 (Gazette 6.2.2018 p612)
2021
44
Firearms (Miscellaneous) Amendment Act 2021
25.11.2021
24.12.2021 (Gazette 23.12.2021 p4618)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
18.7.2017
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
18.7.2017
s 5
s 5(1)
amended by 44/2021 s 4(1)—(4)
24.12.2021
Pt 2
s 12
s 12(1)
amended by 27/2017 s 4
18.7.2017
Pt 3
s 22
s 22(10)
substituted by 44/2021 s 5(1)
24.12.2021
s 22(14)
inserted by 44/2021 s 5(2)
24.12.2021
Pt 6
heading
amended by 27/2017 s 5
18.7.2017
Pt 8
s 45
s 45(16)
amended by 27/2017 s 6
18.7.2017
Pt 10
s 57
s 57(5)
amended by 53/2017 s 21(1), (2)
30.4.2018
Pt 12
s 66A
inserted by 44/2021 s 6
24.12.2021
Sch 1
Pts 1—14
omitted under Legislation Revision and Publication Act 2002
18.7.2017
Transitional etc provisions associated with Act or amendments
Firearms (Miscellaneous) Amendment Act 2021, Sch 1
1—Transitional provisions—lever action shotguns
(1)
The following provisions apply to and in respect of a person in whose name a category B lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day:
(a)
registration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category B firearm;
(b)
if the firearms licence held by the person immediately before the relevant day does not authorise the person to possess a category B firearm, then the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category B lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day but only for such time as the licence (or any renewal of the licence) is in force under the Act.
(2)
The following provisions apply to and in respect of a person in whose name a category D lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day:
(a)
the registration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category D firearm;
(b)
if the firearms licence held by the person authorises the person to possess a category D firearm for the purpose for which the category D lever action shotgun was authorised immediately before the relevant day, the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category D lever action shotgun for that purpose but only for such time as the licence (or any renewal of the licence) is in force under the Act;
(c)
for the purposes of paragraph (b)—
(i)
in the case of a person who holds a category 7 (contract shooter) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 20(3) of the Regulations does not apply in respect of the category D lever action shotgun; and
(ii)
in the case of a person who holds a category 10 (collector) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 23(3) of the Regulations applies in respect of the category D lever action shotgun;
(d)
if the firearms licence held by the person does not authorise the possession of a category D firearm, or the possession of a category D firearm for the purpose for which the lever action shotgun was authorised immediately before the relevant day, then the person will, subject to the Act and any conditions of the licence, be taken to be the holder of a category 12 (miscellaneous) licence that authorises possession of the specified category D lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day;
(e)
regulation 25(11) of the Regulations does not apply in respect of a category 12 (miscellaneous) licence held by a person by virtue of the operation of paragraph (d).
(3)
To avoid doubt—
(a)
a person only has the benefit of the transitional arrangements under this clause in respect of a particular lever action shotgun registered in the name of the person immediately before the commencement of this clause and only while the lever action shotgun remains registered in the name of the person; and
(b)
a person loses the benefit of the transitional arrangements under this clause in respect of that lever action shotgun if its ownership is transferred to another person or it is lost, stolen or destroyed.
(4)
A permit to acquire a firearm in force before the relevant day that authorises a person to acquire a lever action shotgun does not authorise the person to acquire a lever action shotgun on or after the relevant day (and may be cancelled by the Registrar under section 24 of the Act) unless the person is the holder of—
(a)
in the case of the acquisition of a category B lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category B firearm for the purpose for which the shotgun is being acquired; or
(b)
in the case of the acquisition of a category D lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category D firearm for the purpose for which the shotgun is being acquired.
Note—
It is a condition of a category 7 (contract shooter) licence under regulation 20(3) and a category 12 (miscellaneous) licence under regulation 25(11) of the Regulations that authorise possession of a category D firearm that the licensee must have a special need for the firearm that cannot be met by a firearm of any other category and so may not authorise the possession of the category D lever action shotgun (and thus its acquisition under the permit).
(5)
The Registrar may, at the discretion of the Registrar—
(a)
require a person to provide to the Registrar a specified certificate of registration or firearms licence in order for the certificate or licence to be updated in accordance with the operation of this clause; and
(b)
issue (or re‑issue) a certificate of registration to a person in whose name a lever action shotgun is registered to reflect the change in category of firearm effected by the amendments to the Act by this Act; and
(c)
issue (or re‑issue) a firearms licence held by the person so that the endorsement on the licence reflects the fact that a person is taken to be authorised to possess a specified lever action shotgun, or possess the lever action shotgun for a specified purpose, in accordance with the provisions of this clause; and
(d)
issue a category 12 (miscellaneous) licence to a person who is taken to hold the licence under this clause that specifies the category D lever action shotgun in respect of which it is issued.
(6)
Fees that would otherwise be payable in respect of the registration or variation of registration of a firearm, or the granting or variation of a firearms licence, for the purposes of this clause are not payable by a person who has the benefit of any transitional arrangements under this clause.
(7)
In this clause, unless the contrary intention appears—
Act means the Firearms Act 2015;
category B lever action shotgun means a lever action shotgun with a magazine capacity of 5 rounds or less;
category D lever action shotgun means a lever action shotgun with a magazine capacity of more than 5 rounds;
Registrar means the Registrar of Firearms under the Act;
Regulations means the Firearms Regulations 2017;
relevant day means the day on which this clause comes into operation.
Historical versions
18.7.2017
30.4.2018

Year	No	Title	Assent	Commencement
2015	46	Firearms Act 2015	17.12.2015	1.7.2017 (Gazette 27.6.2017 p2619)
2017	27	Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017	18.7.2017	Pt 2 (ss 4—6)—18.7.2017: s 2
2017	53	Statutes Amendment (Sentencing) Act 2017	28.11.2017	Pt 12 (s 21)—30.4.2018 (Gazette 6.2.2018 p612)
2021	44	Firearms (Miscellaneous) Amendment Act 2021	25.11.2021	24.12.2021 (Gazette 23.12.2021 p4618)

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	18.7.2017
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	18.7.2017
s 5
s 5(1)	amended by 44/2021 s 4(1)—(4)	24.12.2021
Pt 2
s 12
s 12(1)	amended by 27/2017 s 4	18.7.2017
Pt 3
s 22
s 22(10)	substituted by 44/2021 s 5(1)	24.12.2021
s 22(14)	inserted by 44/2021 s 5(2)	24.12.2021
Pt 6
heading	amended by 27/2017 s 5	18.7.2017
Pt 8
s 45
s 45(16)	amended by 27/2017 s 6	18.7.2017
Pt 10
s 57
s 57(5)	amended by 53/2017 s 21(1), (2)	30.4.2018
Pt 12
s 66A	inserted by 44/2021 s 6	24.12.2021
Sch 1
Pts 1—14	omitted under Legislation Revision and Publication Act 2002	18.7.2017