Firearms Amendment Act 2004 (WA)

Western Australia

Firearms Amendment Act 2004

Western Australia

Firearms Amendment Act 2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
Part 2 — Amendments about

paintball

4.	Section 4 amended	3
5.	Section 8 amended	3
6.	Section 11A amended	4
7.	Section 23 amended	4
Part 3 — Amendments about

handguns and other matters

8.	Section 4 amended and consequential amendments	6
9.	Section 5B repealed	6
10.	Section 6 amended	7
11.	Section 8 amended	7
12.	Section 9A amended	8
13.	Section 11 amended	8
14.	Section 11A amended	10
15.	Section 15 amended and transitional provision	10
16.	Sections 15A and 15B inserted	12

15A.	Accredited societies of collectors	12
15B.	Information from accredited society of
collectors	12

17.

Section 18 amended

Firearms Amendment Act 2004

Contents

18.	Section 19 amended	14
19.	Section 19AA inserted	17

19AA.

Certain offences of lesser severity

20.	Section 21 amended	17
21.	Section 22AA inserted	18

22AA.

Dealing with certain undisclosed

information

22.	Section 23 amended	19
23.	Section 23A amended	22
24.	Section 23B amended	22
25.	Section 23BA inserted	23

23BA.

Disclosure of certain information by

approved club and organisation members

26.	Section 23D amended	25
27.	Section 31 amended	25
28.	Section 32 amended	26
29.	Section 34 amended	26
30.	Schedule 2 repealed	26
31.	Various penalties replaced	27

Western Australia

Firearms Amendment Act 2004

No. 69 of 2004

An Act to amend the Firearms Act 1973 and for related purposes.

[Assented to 8 December 2004]

The Parliament of Western Australia enacts as follows:

Firearms Amendment Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Firearms Amendment Act 2004.

2. Commencement

(1)

Except as provided in subsection (3), this Act comes into

operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

(3)

Sections 13 and 21 come into operation on the day on which

this Act receives the Royal Assent.

3. The Act amended

The amendments in this Act are to the Firearms Act 1973*.

[* Reprinted as at 11 August 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2002, Table 1, p. 146 and

Act No. 28 of 2003.]

Firearms Amendment Act 2004

Amendments about paintball

Part 2

s. 4

Part 2 — Amendments about paintball

4. Section 4 amended

Section 4 is amended by inserting in the appropriate

alphabetical positions the following definitions —

“

“paintball” means a game in which players attempt to shoot at one another with prescribed paintball guns using prescribed paintball pellets;

“paintball gun” means a firearm designed to discharge

or propel paintball pellets;

“paintball pellets” means pellets —

(a)	consisting primarily of a dye or a similar prescribed substance; and
(b)	designed to be discharged or propelled from a firearm;

”.

5. Section 8 amended

After section 8(1)(m) the following paragraphs are inserted —

“

(ma)	by a person who, at a venue that is approved and properly constructed and maintained for the playing of paintball, is in possession of, handles or uses a prescribed paintball gun or prescribed paintball pellets —

(i) with the permission of the owner of the paintball gun; or

(ii) if the owner of the paintball gun is an approved club or other approved organisation, as a member of that club or other organisation;

Firearms Amendment Act 2004

Part 2

Amendments about paintball

s. 6

(mb)	by a person who is in possession of prescribed paintball pellets;

”.

6. Section 11A amended

After section 11A(2)(d) the following paragraph is inserted—

“

(da)	in the case of a prescribed paintball gun, it is required by the person to conduct or engage in paintball in accordance with this Act;

”.

7. Section 23 amended

(1)	After section 23(5) the following subsection is inserted —

“

(5a)	Subsection (5)(c) does not apply to a paintball gun where the alteration is in accordance with the manufacturer’s design and is effected by the addition of a commercially produced product that does not alter the type or velocity of a projectile fired from the gun.

”.

(2)

Section 23(8) is amended by deleting “A person who,” and

inserting instead —

“ Except as provided in subsection (8a), a person who, ”.

(3)

After section 23(8) the following subsection is inserted —

“

(8a)	A player of a paintball game being conducted in accordance with a licence under this Act does not commit an offence under subsection (8) if the person points a paintball gun, named and identified in that licence, at another person while playing the game.

”.

Firearms Amendment Act 2004

Amendments about paintball

Part 2

s. 7

(4)	After section 23(11) the following subsections are inserted —

“

(12)

A person must not admit a minor under the age of

16 years to attend a venue where paintball is played

unless the minor is accompanied by his or her parent or

guardian.

Penalty: $1 000.

(13)

It is a defence to a charge of an offence against

subsection (12) for the person charged to prove that —

(a)	the person charged or that person’s employee or agent took all reasonable steps to ensure that a minor was not present in contravention of subsection (12);
(b)	the person charged or that person’s employee or agent believed on reasonable grounds that the minor was 16 years of age or older; or
(c)	the person charged or that person’s employee or agent believed on reasonable grounds that the person accompanying the minor was the minor’s parent or guardian.

”.

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 8

Part 3 — Amendments about handguns and

other matters

8. Section 4 amended and consequential amendments

(1)	Section 4 is amended by inserting in the appropriate alphabetical positions — “

“carry” includes to have on or about one’s person;

“Department” means the department of the Public

Service principally assisting in the administration of this Act;

“medical practitioner” means an individual who is

registered as a medical practitioner under the

Medical Act 1894;

”.

(2)	Section 5(4) is amended by deleting “Police Department” and inserting instead —
“ Department ”.
(3)	Sections 8(1)(d)(ii) and 23(7a)(a) are amended by deleting “Police Department of the Public Service” and inserting instead —
“ Department ”.

9. Section 5B repealed

Section 5B is repealed.

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 10

10. Section 6 amended

Section 6(3) is amended as follows:

(a)	by deleting “on conviction, to imprisonment for 5 years.” and inserting instead —

“

on conviction —

(a)	for a first offence, to imprisonment for 5 years;
(b)	for a subsequent offence, to imprisonment for 10 years.

”;

(b)	by deleting the summary conviction penalty clause and inserting instead —

“

Summary conviction penalty for a first offence:

Imprisonment for 3 years or a fine of $12 000.

”.

11. Section 8 amended

(1)	Before section 8(1)(n) the following paragraph is inserted —

“

(mc)	by a person who is in possession of, or carries, but does not use, an antique mechanism firearm;

”.

(2)	Section 8(2) is amended by inserting before the definition of “approved” —

“

“antique mechanism firearm” means a muzzle loading firearm (including a percussion lock handgun that is muzzle loading) manufactured

before 1900 that uses black powder to propel a

shot, bullet, or other missile except that it does not

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 12

include a breech loading firearm, a firearm with

revolving chambers or barrels, or a cannon;

”.

12. Section 9A amended

(1)

Section 9A(2) is amended by deleting “A Firearm Collector’s

Licence or an” and inserting instead —

“ An ”.

(2)

After section 9A(2) the following subsection is inserted —

“

(2a)

A Firearm Collector’s Licence is valid for a period of 3

years from the day on which it was issued or last

renewed unless that day was before the day on which

the Firearms Amendment Act 2003 section 12 came

into operation, in which case it is valid for a period of

5 years from the day on which it was issued or last

renewed.

”.

13. Section 11 amended

(1)	Section 11(3) is amended as follows:

(a)	by deleting “is satisfied that”;
(b)	in paragraph (a) by inserting before “at any time” —

“ is satisfied that ”;

(c)	by deleting “or” after paragraph (a);
(d)	in paragraph (b) by inserting before “the person fails” —

“ is satisfied that ”;

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 13

(e)	by deleting the full stop at the end of paragraph (b) and inserting instead —

“

; or

(c)	suspects, on the basis of an intelligence report or other information held in relation to the person, that the person is a threat to public safety.

”.

(2)	Section 11 is amended —

(a)

of the State Administrative Tribunal (Conferral of

Jurisdiction) Amendment and Repeal Act 2004 has come

into operation, by inserting after subsection (4) the

if, when this Act receives the Royal Assent, section 369 “

(4a)	The Commissioner is not required under this Act or any other Act or law to disclose information relied on under subsection (3)(c) unless the disclosure is required under the State Administrative Tribunal Act 2004.

”;

(b)

otherwise, by inserting after subsection (4) the following “

(4a)	The Commissioner is not required under this Act or any other Act or law to disclose information relied on under subsection (3)(c) unless the disclosure is required under section 22AA.

”.

(3)	If, when this Act receives the Royal Assent, section 365 of the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 has not come into operation,

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 14

when that section comes into operation section 11(4a) is

amended by deleting “section 22AA.” and inserting instead —

“ the State Administrative Tribunal Act 2004. ”.

14. Section 11A amended

Section 11A(2)(c) is amended by inserting before

“permission” —

“ written ”.

15. Section 15 amended and transitional provision

(1)

Section 15(1) is amended by deleting “heirloom, or sentimental”

and inserting instead —

“ or heirloom ”.

(2)

After section 15(2) the following subsections are inserted —

“

(3)	For the purposes of this Act, a handgun manufactured after 1946 can form part of a genuine firearm collection only if —

(a)	it is owned by a person who is, in the opinion of the Commissioner, a student of arms as defined in subsection (4); and
(b)	the handgun is within the scope of that person’s interest as a student of arms.

(4)	In subsection (3) —
“student of arms” means a person who can be shown

to have a prolonged and genuine interest in the

study, preservation, or collection of firearms.

(5)	In considering whether a firearm has significant commemorative value, the Commissioner has to take into account any special significance that the firearm, or any firearm or firearms of the same kind as that

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 15

firearm or of a related kind, has to a particular event in

history.

(6)	In considering whether a firearm has significant historical value, the Commissioner has to take into account any special significance that the firearm, or any firearm or firearms of the same kind as that firearm or of a related kind, has to a particular period in history.
(7)	In considering whether a firearm has significant thematic value, the Commissioner has to take into account any special significance that the firearm, or any firearm or firearms of the same kind as that firearm or of a related kind, has to the development, manufacture, or use of firearms.
(8)	In considering whether a firearm has significant heirloom value to a particular person, the Commissioner has to take into account any special significance that the firearm has because it was owned or possessed by a direct or indirect member of that person’s family.
(9)	In considering whether or not it would be appropriate for a person to obtain, or continue to hold, a Firearm Collector’s Licence, the Commissioner may take into account any information provided about that person by
a person or body designated under section 15A as an accredited society of collectors.

”.

(3)

The amendments made by this section do not affect the validity

of a licence or permit that a person already holds under the

Firearms Act 1973 on the day on which this section comes into

operation, but on or after that day the grant, issue, or renewal of

a licence or permit has to be in accordance with that Act as

amended by this section.

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 16

16. Sections 15A and 15B inserted

After section 15 the following sections are inserted —

“

15A.

Accredited societies of collectors

(1)

The Commissioner may, in writing, designate a person or body, whether incorporated or unincorporated, as an accredited society of collectors for the purposes of this Act.

(2)

For a person or body to be an accredited society of

collectors one of its purposes has to be to facilitate the

study, preservation, or collection of —

(a) handguns in particular; or

(b) handguns and other firearms.

(3)

The regulations may specify other requirements for a

person or body to be an accredited society of

collectors.

(4)

The Commissioner may, by notice in writing given to

an accredited society of collectors, cancel its

designation as an accredited society of collectors for

the purposes of this Act.

15B.

Information from accredited society of collectors

(1)	If an accredited society of collectors expels any of its members, it is required to notify the Commissioner in writing of the expulsion of the member, identifying the
member and the reason for the expulsion.
Penalty: Imprisonment for 2 years or a fine of $8 000.
(2)	The notification may include information that the Commissioner might consider relevant to the question of whether or not the member who is expelled is a fit and proper person to hold a Firearm Collector’s Licence.

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 17

(3)	An accredited society of collectors that is requested at any time to do so may provide to the Commissioner any information that the Commissioner might consider relevant to —

(a)	the question of whether, for the purposes of this Act, a firearm would be, or form part of, a genuine firearm collection; or
(b)	the question of whether a person is a fit and proper person to hold a Firearm Collector’s Licence.

(4)

Neither an accredited society of collectors that gives

the Commissioner any notification or information

under this section nor a person involved in the giving

of that notification or information is liable in civil or

criminal proceedings because of the giving, or the

person’s involvement in the giving, of the notification

or information in accordance with this section if it was

in good faith.

”.

17. Section 18 amended

Section 18(4) is amended as follows:

(a)	in paragraph (a), by deleting “a Firearm Collector’s Licence or”;
(b)	by inserting after paragraph (a) a paragraph as follows —

“

(aa)	a Firearm Collector’s Licence that is to remain in force for a period of less than 3 years is the prescribed fee reduced proportionately by one thirty-sixth for each month or portion of a
month;

”.

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 18

18. Section 19 amended

(1)	Section 19(1) is amended as follows:

(a)	by deleting “an offence” and inserting instead —

“ a crime ”;

(b)	by deleting “subsection (1aa)” and inserting instead —

“ subsection (1ae) or section 19AA ”;

(c)	by deleting the penalty clause.

(2)	After section 19(1) the following subsections are inserted —

“

(1aa)

A person who is guilty of a crime under subsection (1)

committed in circumstances referred to in

subsection (1)(a) is liable, on conviction, to

imprisonment for 14 years if at the time of the offence

the person was selling 3 or more firearms without a

licence or permit entitling the person to sell any of

them.

(1ab)

A person who is guilty of a crime under

subsection (1) —

(a)	committed in circumstances where the person was carrying both a firearm that is a subject of the offence and —

(i)	defined in the Misuse of Drugs

a prohibited drug or prohibited plant, as possession of that drug or plant under that Act; or

(ii) an amount of money equal to or greater than the prescribed amount,

is liable, on conviction, to imprisonment for

14 years;

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 18

(b)	committed in circumstances where the person was in possession of 3 or more firearms without a licence or permit entitling the person to be in possession of any of them, is liable, on conviction, to imprisonment for 10 years unless subsection (1aa) applies.

(1ac)	Unless subsection (1aa) or (1ab) applies, a person who is guilty of a crime under subsection (1) committed in relation to a firearm is liable, on conviction, to
imprisonment for 7 years if —

(a)	at the time of the offence the offender —

(i) had been refused, or was disqualified from holding, a licence or permit referred to in subsection (1); or

(ii) had had a licence or permit referred to in subsection (1) revoked,

in relation to the firearm or a firearm of the

same kind;

(b)	the firearm was a handgun or a prescribed firearm;
(c)	at the time of the offence, any number or identification mark which was on the firearm had been defaced or removed; or
(d)	the firearm had been altered from the design or characteristics of its original manufacture.

Summary conviction penalty for a crime under

subsection (1) committed in any of the

circumstances described in this subsection:

Imprisonment for 3 years or a fine of $12 000.

(1ad)

Unless subsection (1aa), (1ab) or (1ac) applies, a

person who commits a crime under subsection (1) is

liable, on conviction, to imprisonment for 5 years.

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 18
Summary conviction penalty: Imprisonment for 3 years

or a fine of $12 000.

”.

(3)	Section 19(1aa) is amended by deleting the subsection designation “(1aa)” and inserting instead —
“ (1ae) ”.
(4)	Section 19(1a) is amended by deleting “subsection (1)” and inserting instead —
“ subsection (1ac)(a) ”.
(5)	Section 19(2) is amended by deleting the penalty clause and inserting instead — “

Penalty:

(a)

if the firearm concerned was a handgun or a

prescribed firearm, imprisonment for

5 years;

(b)

in any other case, imprisonment for 3 years

or a fine of $12 000.

”.

(6)	Section 19(4) is amended as follows:

(a)	by deleting paragraph (a);
(b)	by deleting “dealing in,”;
(c)	by deleting “on conviction, to imprisonment for 5 years.” and inserting instead —

“

on conviction —

(a)	in the case of the manufacture of a handgun, to imprisonment for 14 years;
(b)	in any other case, to imprisonment for 5 years.

”;

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 19

(d)	by deleting the summary conviction penalty and inserting instead —

“

Summary conviction penalty except in the case of the

manufacture of a handgun: Imprisonment for

2 years or a fine of $8 000.

”.

19. Section 19AA inserted

Before section 19A the following section is inserted —

“

19AA.

Certain offences of lesser severity

(1)

If a person who has been the holder of a Firearm

Licence, Firearm Collector’s Licence, or Ammunition

Collector’s Licence does, while that licence has

expired but is still capable of being renewed under

section 9A, anything that is an offence under this Act

but would not have been an offence if the licence had

been renewed immediately after its expiry, that offence

is not an indictable offence but is triable summarily and

is punishable by a fine of $2 000 instead of the penalty

that would otherwise apply for the offence.

(2)

If a person commits an offence under section 19(1) and the only firearm or ammunition concerned is, or is for, a prescribed paintball gun, that offence is not an

indictable offence but is triable summarily and is

punishable by a fine of $2 000 instead of the penalty

that would otherwise apply for the offence.

”.

20. Section 21 amended

Section 21(2) is amended in the penalty clause by deleting

“12 months or a fine of $4 000.” and inserting instead —

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 21

“ 18 months or a fine of $6 000. ”.

21. Section 22AA inserted

(1)	If, when this Act receives the Royal Assent, section 365 of the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 has not come into operation, the following section is inserted after section 22 —

“

22AA.

Dealing with certain undisclosed information

(1)

If a magistrate or the firearms appeals tribunal

proposes to determine an appeal under section 22, the

Commissioner must ensure that the magistrate or

tribunal is provided with all information to which the

Commissioner had regard in making the decision that

is the subject of the appeal.

(2)

The magistrate or firearms appeals tribunal may order that the information to which subsection (1) applies is not to be disclosed to the appellant, the appellant’s

representative or any other person if, on an application

by the Commissioner, the magistrate or tribunal is

satisfied that the disclosure —

(a) might prejudice —

(i) the safety of a person;

(ii) the effectiveness of investigation or prosecution of a person for an offence under this Act; or

(iii) the proper administration of this Act;

(b)	might reveal the identity of a police officer acting as an undercover officer; or
(c)	might otherwise be contrary to the public interest.

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 22

(3)	An application under subsection (2) may be made without notice to the appellant and may be heard and determined in the absence of the appellant.
(4)	The room or place in which the magistrate or the firearms appeals tribunal hears and determines an application under subsection (2) is not to be regarded
as an open court, and the magistrate or tribunal may order that no person is to be in the room or place without the magistrate’s or tribunal’s permission.
(5)	The reasons for the decision of the magistrate or the firearms appeals tribunal on an appeal under section 22 must not disclose the content or source of information that is the subject of an order made under subsection (2).

”.

(2)	If, when this Act receives the Royal Assent, section 369 of the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 has not come into operation, when that section comes into operation section 22AA is repealed.

22. Section 23 amended

(1)

Section 23(1) is amended in the penalty clause by deleting

“12 months or a fine of $4 000.” and inserting instead —

“ 18 months or a fine of $6 000. ”.

(2)

Section 23(2) is amended in the penalty clause as follows:

(a)	in paragraph (a) by deleting “18 months or a fine of $6 000;” and inserting instead —

“ 2 years or a fine of $8 000; ”;

(b)	in paragraph (b) by deleting “12 months or a fine of $4 000.” and inserting instead —

“ 18 months or a fine of $6 000. ”.

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Part 3	Amendments about handguns and other matters
s. 22

(3)	Section 23(3) is amended as follows:

(a)	in paragraph (a) by inserting after “handgun” —

“ or a prescribed firearm ”;

(b)	in paragraph (a) by deleting “5 years;” and inserting instead —

“ 7 years; ”;

(c)	in paragraph (b) by deleting “18 months or a fine of $6 000.” and inserting instead —

“ 4 years or a fine of $16 000. ”;

(d)	by deleting the summary conviction penalty provision and inserting instead —

“

Summary conviction penalty:

(a)

in a case to which paragraph (a) applies:

Imprisonment for 3 years or a fine of $12

000;

(b)

in a case to which paragraph (b) applies: Imprisonment for 2 years or a fine of $8 000.

”.

(4)	Section 23(5) is amended as follows:

(a)	by deleting “an indictable offence” and inserting instead —

“ a crime ”;

(b)	in paragraph (d) by inserting after “handgun” —

“ or was modified in a prescribed manner ”;

(c)	in paragraph (d) by deleting “5 years;” and inserting instead —

“ 7 years; ”;

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 22

(d)	by deleting paragraph (e) and inserting instead —

“

(e)	otherwise, on conviction to imprisonment for 4 years or a fine of $16 000.

”;

(e)	by deleting the summary conviction penalty provision and inserting instead —

“

Summary conviction penalty:

(a)

in a case to which paragraph (d) applies:

Imprisonment for 3 years or a fine of $12

000;

(b)

in a case to which paragraph (e) applies: Imprisonment for 2 years or a fine of $8 000.

”.

(5)	Section 23(6) is amended in the penalty clause by deleting “18 months or a fine of $6 000.” and inserting instead —
“ 7 years. ”.
(6)	Section 23(7) is amended in the penalty clause by deleting “12 months or a fine of $4 000.” and inserting instead —
“ 3 years or a fine of $12 000. ”.
(7)	Section 23(8) is amended in the penalty clause by deleting “2 years or a fine of $8 000.” and inserting instead —
“ 3 years or a fine of $12 000. ”.
(8)	Section 23(9) is amended by deleting the penalty clause and inserting instead — “

Penalty:

(a)	for a first offence, a fine of $2 000;

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 23

(b)	for a subsequent offence, imprisonment for

12 months or a fine of $4 000.

”.

(9)

Section 23(9a) is amended in the penalty clause by deleting

“2 years or a fine of $8 000.” and inserting instead —

“ 3 years or a fine of $12 000. ”.

23. Section 23A amended

Section 23A is amended as follows:

(a)	by inserting after “19(1)” —

“ to which section 19AA applies ”;

(b)	by deleting “23(5)(c),”.

24. Section 23B amended

(1)	Section 23B(1) is amended as follows:

(a)	by deleting “medical practitioner” in both places where it occurs and inserting instead —

“ health professional ”;

(b)	in paragraph (b) by inserting before “a person” — “

in the case of a medical practitioner or

registered nurse,

”.

(2)

Section 23B(2) is amended by deleting “medical practitioner”

and inserting instead —

“ health professional ”.

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 25

(3)	After section 23B(2) the following subsection is inserted —

“

(3)	In this section —
“health professional” means —

(a)	a medical practitioner;
(b)	a registered psychologist as defined in the Psychologists Registration Act 1976;
(c)	a registered nurse;
(d)	a prescribed class of social worker; or
(e)	a prescribed class of professional counsellor;

“registered nurse” means a person registered under

Part 3 of the Nurses Act 1992.

”.

25. Section 23BA inserted

After section 23B the following section is inserted —

“

23BA.

Disclosure of certain information by approved club

and organisation members

(1)	If an officer of an approved shooting club or approved organisation is of the opinion that —

(a)	a person who is a member of the club or organisation is not a fit and proper person to possess, carry or use a firearm; and
(b)	the person has a licence under this Act or intends to apply for a licence under this Act or possesses or intends to possess a firearm,

the officer is to communicate to the Commissioner that

opinion and the grounds on which it was formed.

(2)	Where a person’s application for membership or renewal of membership of an approved shooting club

Firearms Amendment Act 2004

Part 3

Amendments about handguns and other matters

s. 25

or approved organization is refused or, following a

grant or renewal a person’s membership is cancelled,

an officer is to notify the Commissioner and give the

reasons for that decision.

(3)	A decision made by the Commissioner is not liable to be questioned or annulled by reason only that it was made in full or partial reliance on information provided under subsection (1) or (2) and it is subsequently shown that the information was factually incorrect but, in any such case, the Commissioner must reconsider the decision when so requested by the person affected adversely and the extent to which the decision should, or might, be varied as a result of the correction of those factual errors.
(4)	Nothing done by an officer of an approved organisation or approved shooting club in good faith in accordance with this section gives rise to a criminal or civil action or remedy.
(5)	In this section —
“approved organisation” means an organisation

approved under section 11A(2)(b);

“approved shooting club” means a shooting club

approved under section 11A(2)(a);

“officer”, in relation to an approved shooting club or

approved organisation —

(a)	that is a body corporate which is a corporation as defined in section 57A of the Corporations Act 2001 of the Commonwealth, has the meaning given to that term in section 82A of that Act; and
(b)	that is not such a body corporate, means any person (by whatever name called) who is

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 26

concerned in or takes part in the management

of the club or organisation,

but does not include an employee of the club or

organisation unless the employee is involved in its

management.

”.

26. Section 23D amended

(1)	After section 23D(1) the following subsection is inserted —

“

(1a)	An offender may be punished summarily under this section for an offence under this Act triable on indictment if, after the provision of this Act in respect to which the offender is charged, a summary conviction penalty is specified for the offence.

”.

(2)	Section 23D(2) is amended as follows:

(a)	by inserting after “triable on indictment” —

“

for which the person may be punished

summarily under this section,

”;

(b)

by deleting all of the subsection after “liable on summary conviction to” and inserting instead —

“ the summary conviction penalty specified for the

offence. ”.

27. Section 31 amended

(1)	After section 31(2) the following subsection is inserted —

Firearms Amendment Act 2004

Part 3	Amendments about handguns and other matters
s. 28

“

(2a)	A person who compiles, maintains, furnishes or produces a record under section 31(2) knowing it to be incorrect or misleading commits an offence.

”.

(2)	Section 31(4) is amended by inserting after “(2)” —
“ , (2a), ”.

28. Section 32 amended

Section 32 is amended by deleting the penalty clause and

inserting instead —

“

Penalty:

(a)	for a first offence, a fine of $4 000;
(b)	for a subsequent offence, imprisonment for

2 years or a fine of $8 000.

”.

29. Section 34 amended

After section 34(2)(e) the following paragraph is inserted —

“

(ea)	enabling the Commissioner to require a holder of a Dealer’s Licence to provide to the Commissioner information about any other persons who are involved in the management of, or have a financial interest in, any business conducted under the licence;

”.

30. Schedule 2 repealed

Schedule 2 is repealed.

Firearms Amendment Act 2004

Amendments about handguns and other matters	Part 3
s. 31

31. Various penalties replaced

Each provision listed in the first column of the Table to this

section is amended by deleting the amount set out in the second

column of the Table and inserting instead the amount set out in

the third column of the Table.

Table

Section	Delete	Insert
19(5)	$1 000	$2 000
23(10)	$1 000	$2 000
23(10a)	$1 000	$2 000
23(11)	$1 000	$2 000
24(6)	$2 000	$4 000
30(4)	$1 000	$4 000
30A(3)	$1 000	$2 000
30B(2)	$1 000	$2 000
31(4)	$2 000	$4 000
34(3)(d)	$1 000	$2 000