Firearms Amendment Act 2008 (ACT)

Case

Firearms Amendment Act 2008

A2008-25

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Firearms Act 1996

  1. Legislation amended—pt 2  3

  2. New sections 2 to 2B and part 1A heading  3

  3. Definitions for Act


    Section 4, definitions of acquire, airgun, ammunition, approved shooting range, authorised instructor, authorised member, chief police officer, composite entity, dealer’s licence, employee, endorsed, firearm, firearm part, firearms dealer, firearms prohibition order, genuine reason, occupier, possession, principal, prohibited firearm and prohibited pistol  5

  4. Section 4, definitions (as amended)  5

  5. Section 4, remainder  5

  6. Sections 4A to 6B  5

  7. Section 10  24

  8. Section 12  24

  9. Amnesty


    Section 13 (1)  26

  10. Section 14  27

  11. New section 15A  27

  12. Part 3 and division 3.1 headings  28

  13. Section 16  28

  14. Division 3.2 heading  31

  15. Section 17  33

  16. Authority conferred by licence—additional matters


    Section 18 (2)  34

  17. Sections 19 to 35  35

  18. Section 36  50

  19. Section 36A  52

  20. Section 36A (2) (b)  52

  21. Section 37  52

  22. Sections 38 to 44  52

  23. Division 3.3  94

  24. Part 4  101

  25. Part 5 heading  116

  26. Section 62  116

  27. Category A and B licence requirements


    Section 63  117

  28. Section 63 (1) penalty  117

  29. Category C, D and H licence requirements


    Section 64  118

  30. Section 64 (1) penalty  118

  31. Part 6 heading  118

  32. Sections 66 to 69  119

  33. Section 70 heading  128

  34. Section 70 (4) to (6)  128

  35. Security of displayed firearms


    Section 71 (2)  129

  36. Part 7  130

  37. Part 8 heading  144

  38. Sections 83 to 84B  146

  39. Section 93  150

  40. Restrictions where alcohol or other drugs concerned


    New section 97 (3)  152

  41. Sections 98 and 99  153

  42. Section 102  158

  43. Possession of firearm under another licence


    Section 105  159

  44. Section 110  159

  45. Firearms prohibition orders


    Part 9  159

  46. Sections 113 and 114  160

  47. Section 116  160

  48. Offences by corporations


    Section 122 (1) and note  161

  49. Section 124  162

  50. Regulation-making power


    Section 126 (2) (a)  164

  51. Section 126 (2) (b)  164

  52. New section 126 (2) (ja)  164

  53. Section 126 (2) (p)  164

  54. New section 126 (2A) and (2B)  165

  55. Section 128  165

  56. New part 20  167

  57. Schedule 1, item 4  175

  58. Schedule 1, new item 6A  175

  59. Schedule 1, item 8  175

  60. Schedule 1, item 11, column 2  175

  61. Schedule 1, item 13, column 2, paragraph (c)  175

  62. Schedule 1, item 14  176

  63. Schedule 1, item 15, column 2  176

  64. Schedule 1, item 17, column 2  176

  65. Schedule 1, new items 19 to 21  176

  66. Schedule 2  177

  67. New dictionary  205

Part 3Prohibited Weapons Act 1996

  1. Legislation amended—pt 3  214

  2. Section 3  214

  3. New part 1A  216

  4. New parts 1B to 1D  218

  5. Part 2 heading  223

  6. Sections 5 and 6  223

  7. New sections 6A and 6B  224

  8. Section 8  225

  9. Section 17  226

  10. Approved forms


    Section 18  227

  11. New part 5  227

  12. Schedule 1, new item 31  230

  13. Schedule 1  231

Part 4Prohibited Weapons Regulation 1997

  1. Legislation amended—pt 4  239

  2. Prohibited articles


    Section 4  239

Schedule 1Technical amendments  240

Part 1.1Firearms Act 1996  240

Part 1.2Prohibited Weapons Act 1996  242

Schedule 2Consequential amendments  246

Part 2.1Court Procedures Act 2004  246

Part 2.2Crimes (Sentence Administration) Regulation 2006       246

Part 2.3Domestic Violence and Protection Orders Act 2001       247

Part 2.4Fair Trading Act 1992  248

Part 2.5Spent Convictions Act 2000  248

Firearms Amendment Act 2008

A2008-25

An Act to amend the Firearms Act 1996 and the Prohibited Weapons Act 1996, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Firearms Amendment Act 2008.

  2. Commencement

    (1)This Act (other than a provision mentioned in subsection (2) or (3)) commences on a day fixed by the Minister by written notice.

    (2)Section 76 and section 81 commence on the day after this Act’s notification day.

    (3)The following provisions commence 1 year after this Act’s notification day:

    ·     section 71

    ·     section 72

    ·     section 82

    ·     part 4

    ·     schedule 1, amendments 1.14 and 1.16

    ·     schedule 2, amendment 2.4.

    (4)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to a provision mentioned in subsection (3).

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Part 2Firearms Act 1996

  1. Legislation amended—pt 2

    This part amends the Firearms Act 1996.

    NoteThe Act is also amended in sch 1.

  2. New sections 2 to 2B and part 1A heading

    insert

  3. Dictionary

    The dictionary at the end of this Act is part of this Act.

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

    For example, the signpost definition ‘explosive—see the Dangerous Substances Act 2004, section 73.’ means that the term ‘explosive’ is defined in that section and the definition applies to this Act.

    Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

·     offences against pt 3 (Firearms licences)

·     offences against pt 3C (Permits to acquire firearms)

·     offences against pt 4 (Registration of firearms and firearm users)

·     s 62 (Offence—failing to comply with storage requirements)

·     offences against pt 6 (Firearms dealers) (other than s 70 (1) to (3) and s 71)

·     offences against pt 7 (Enforcement)

·     offences against pt 8 (Offences) (other than s 80 to s 82, s 85 to s 92, s 94 to s 96, s 97 (1) and (2), s 100, s 101, s 103, s 104 and s 106 to s 109).

The Criminal Code, ch 2 sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1AImportant concepts

  1. Definitions for Act
    Section 4, definitions of     acquire, airgun, ammunition, approved shooting range, authorised instructor, authorised member, chief police officer, composite entity, dealer’s licence, employee, endorsed, firearm, firearm part, firearms dealer, firearms prohibition order, genuine reason, occupier, possession, principal, prohibited firearm and prohibited pistol

    omit

  2. Section 4, definitions (as amended)

    relocate to dictionary

  3. Section 4, remainder

    omit

  4. Sections 4A to 6B

    substitute

4AMeaning of firearm—Act

(1)In this Act:

firearm—

(a)means a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused; and

(b)includes—

(i)a blank fire firearm; and

(ii)an airgun; and

(iii)a paintball marker; and

(iv)something declared to be a firearm under section 5; and

(v)a modified item.

(2)However, firearm does not include—

(a)something prescribed by regulation not to be a firearm; or

(b)something declared not to be a firearm under section 5.

(3)In this section:

modified item means something that would be a firearm if—

(a)it did not have something missing from it, or a defect or obstruction; or

(b)something had not been added to it.

4ABMeaning of prohibited firearm—Act

(1)In this Act:

prohibited firearm—

(a)means—

(i)a firearm described in schedule 1; and

(ii)a firearm prescribed by regulation; and

(iii)something declared to be a prohibited firearm under section 5; and

(b)includes a modified firearm.

NoteA prohibited firearm includes a prohibited pistol (see sch 1, items 19 to 21).

(2)However, prohibited firearm does not include something declared not to be a prohibited firearm under section 5.

(3)A regulation may amend schedule 1 by—

(a)adding the name or description of a firearm; or

(b)amending a name or description of a firearm to more accurately describe the firearm; or

(c)omitting the name and description of a firearm.

(4)In this section:

modified firearm means a firearm that would be a prohibited firearm if—

(a)it did not have something missing from it, or a defect or obstruction; or

(b)something had not been added to it.

4ACMeaning of acquire—Act

(1)In this Act:

acquire, a firearm or ammunition, means—

(a)buy, accept, receive or otherwise take possession of the firearm or ammunition; but

(b)does not include take temporary possession of the firearm.

(2)In this section:

temporary possession of a firearm—a person takes temporary possession of a firearm—

(a)if the person is a licensed firearms dealer who has possession of the firearm to—

(i)repair, maintain or test it; or

(ii)store it for the person who gave it to the dealer; or

(b)if the person is a registered principal for, or registered user of, the firearm and the person has possession of the firearm; or

(c)if the person is authorised to possess or use the firearm under section 4BD (Authority to possess and use firearms temporarily) and the person has possession of the firearm; or

(d)if the firearm is a paintball marker, the person is authorised to possess, use or store the paintball marker under section 4BE (Paintball markers—authority to possess, use or store) and the person has possession of the paintball marker; or

(e)in any other circumstances prescribed by regulation.

4ADMeaning of dispose—Act

In this Act:

dispose, of a firearm, means sell, give away or otherwise transfer possession of the firearm.

4BMeaning of possession—Act

(1)For this Act, a person has possession of a firearm if the person—

(a)has the firearm on his or her person, including in something carried or worn by the person (physical possession); or

(b)has the firearm at premises owned, leased or occupied by the person; or

(c)otherwise has the care, control or management of the firearm.

Example—possession

Simon buys a firearm illegally.  He hands it to Penny to look after it for him while he appears in court.  Simon still has the care, control or management of the firearm and so has possession of the firearm.  Penny holds the firearm and also has possession of the firearm.

Note 1Premises includes vehicles (see dict).

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)Also, for this Act, a person has possession of a firearm if—

(a)part of the firearm is in the person’s possession; and

(b)other parts of the firearm are in the possession of 1 or more other people; and

(c)at least 1 of the other people is in possession of the other part or parts for an agreed purpose with the person; and

(d)the parts would make up the firearm if fitted together.

4BAEvidence of possession—firearms at premises

(1)For this Act, a person is not taken to have possession of a firearm only because the firearm is at premises owned, leased or occupied by the person if—

(a)the person does not know that the firearm is at the premises; or

Example

Stuart buys a house from Bob.  The house has ducted heating, and the old fireplace cannot be used.  Bob owns a firearm but, before moving out, he hides it in a cavity in the house’s chimney.  Stuart does not know that Bob hid the firearm in the chimney.  Stuart does not have possession of the firearm because he does not know that the firearm is in the chimney.

(b)someone else who is authorised to possess the firearm—

(i)is also at the premises; or

(ii)has the care, control or management of the firearm; or

Example—par (b) (i)

Charlotte is giving Bruce a lift in her car to a shooting range.  Bruce is licensed and has his registered firearm with him.  Charlotte is not in possession of the firearm because Bruce is authorised to possess the firearm and he is in the car.

Example—par (b) (ii)

Isabel and Roy share a house.  Roy is licensed and stores his registered firearm in the house.  Isabel does not have access to the firearm and has nothing to do with it.  Isabel is not in possession of the firearm even when Roy, the person authorised to possess the firearm, is not at the house, because Roy is the person who has the care, control or management of the firearm.

Note 1Premises includes vehicles (see dict).

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(c)someone else who is not authorised to possess the firearm has the care, control or management of the firearm; or

(d)the trier of fact is otherwise satisfied that the person was not in possession of the firearm.

(2)To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a matter mentioned in subsection (1) has the evidential burden in relation to the matter.

4BBEvidence of possession—care, control or management of firearm

(1)To work out whether a person has the care, control or management of a firearm for this Act, each of the following must be considered:

(a)whether the person knows about the firearm;

(b)whether the person can use or dispose of the firearm;

(c)whether the person can control or prevent someone else from using or having physical possession of the firearm.

(2)In this section:

physical possession—see section 4B (1) (a).

4BCTaking possession under credit contract

(1)For this Act—

(a)a person who takes possession of a thing under a credit contract is taken to have acquired it; and

(b)the person who possessed the thing immediately before parting with possession is taken to have disposed of it.

(2)In this section:

credit contract—see the Credit Act 1985, dictionary.

4BDAuthority to possess and use firearms temporarily

(1)A person is authorised to possess or use a firearm if—

(a)the person is a licensee to whom the firearm is lent by someone else (the lender) during a shooting or paintball competition; and

(b)the licensee is licensed to use a firearm of the same kind as the firearm lent; and

(c)the lender is a licensee; and

(d)the lender is present while the person to whom the firearm is lent has possession of the firearm.

(2)A person is authorised to possess or use a firearm if—

(a)the person has possession of the firearm on an approved shooting range to receive instruction in the use of the firearm; and

(b)the person is under the immediate supervision of an authorised instructor; and

(c)either—

(i)the firearm is owned by the authorised instructor; or

(ii)the firearm is owned by an approved club, and the authorised instructor is a registered user of the firearm.

(3)A person is authorised to possess or use an airgun if the person—

(a)has possession of it for shooting at a shooting gallery, show, fair or amusement centre; and

(b)is under the immediate supervision of—

(i)the registered owner or a registered user of, or the registered principal for, the airgun; or

(ii)for an airgun owned by someone from a State or another Territory who holds a licence or permit (however described) (an interstate licence) in force under the law of the State or Territory that authorises the use or possession of the airgun—the owner or someone employed by the owner who holds an interstate licence.

(4)A person is authorised to possess or use a firearm in any other circumstances prescribed by regulation.

4BEPaintball markers—authority to possess, use or store

(1)This section applies in relation to the possession or use of a paintball marker in the ACT at an approved paintball range operated by the paintball range operator for the range.

(2)The paintball range operator, and an adult employee of the operator, are authorised to possess or use the paintball marker if the possession is in the course of the operation of the paintball range or the employee’s employment.

(3)An adult is authorised to possess or use the paintball marker if—

(a)the marker is in the person’s possession with the knowledge and approval of the paintball range operator or an adult employee of the operator; and

(b)the person is taking part in a paintball activity conducted by the operator.

(4)A person who is 16 or 17 years old (a young participant) is authorised to possess or use the paintball marker if the possession or use is in accordance with—

(a)the requirements stated in subsection (3) (a) and (b); and

(b)the written consent of a responsible person for the young participant.

NoteA responsible person for a young participant is a person with parental responsibility for the participant (see dict).

(5)The paintball range operator is authorised to store, for the holder of a paintball marker licence, a registered paintball marker held under the licence.

NoteSee s 63 (Offence—storage requirements for category A, category B and paintball marker licences).

4BFMeaning of close associate of firearms dealer etc—Act

(1)For this Act, an entity is a close associate of a licensed firearms dealer if—

(a)the entity—

(i)holds or will hold a financial interest, or is or will be entitled to exercise a relevant power, in the dealer’s business; and

(ii)is able, or will be able, to exercise significant influence in relation to the conduct of the business because of the interest or power; or

(b)the entity holds or will hold a relevant position in the dealer’s business.

(2)In this section:

exercise a power includes exercise the power for someone else.

financial interest, in relation to a business, means—

(a)a share in the capital of the business; or

(b)an entitlement to receive income derived from the business, however the entitlement arises.

hold a position includes hold the position for someone else.

licensed firearms dealer includes an applicant for a firearms dealer licence.

power means a power exercisable—

(a)by voting or otherwise; and

(b)alone or with others.

relevant position, in a business, means a position (however described) whose holder takes part in the management of the business.

relevant power, in relation to a business, means a power—

(a)to take part in a directorial, managerial or executive decision for the business; or

(b)to elect or appoint a person to a relevant position in the business.

4BGAssessing suitability of individuals

(1)This section applies if the registrar is deciding an individual’s suitability in relation to—

(a)an authorisation mentioned in section 14 (b) (Authorised instructors and club members); or

(b)an application under this Act; or

(c)the cancellation of a licence; or

(d)whether the individual is a prohibited person under section 66B (Meaning of prohibited person for licensed firearms dealers).

NoteThe registrar must or may decide an individual’s suitability in relation to the following applications and licences:

·     applications for adult firearms licences (see s 22), firearms dealer licences (see s 30), minors firearms licences (see s 42H) and composite entity firearms licences (see s 42Y);

·     cancellation of adult firearms licences (see s 41), minors firearms licences (see s 42R) and composite entity firearms licences (see s 42ZN).

(2)In making the decision, the registrar—

(a)must consider any discretionary criteria under section 4BH that apply to the individual; and

(b)must—

(i)consider whether any of the mandatory criteria under section 4BI are satisfied in relation to the individual; and

(ii)if 1 or more criteria are satisfied—decide that the individual is not suitable.

4BHAssessing suitability of individuals—discretionary criteria

(1)For section 4BG, the following are the discretionary criteria in relation to an individual:

(a)whether the registrar believes on reasonable grounds that, because of the individual’s physical or mental health, the individual may not handle firearms responsibly;

Note 1Under s 20, the registrar may require the applicant for an adult firearms licence to give the registrar stated further information or documents that the registrar reasonably needs to decide the application.  This could include a document that is a consent to the disclosure of personal health information (see s 20 (3)).

Note 2See also s 42F (Minors firearms licences—requirement for further information etc) and s 42W (Composite entity firearms licences—requirement for further information etc).

(b)whether, during the 10 years before the day the registrar decides the individual’s suitability, the individual has—

(i)been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or

(ii)been subject to a protection order or corresponding order that has been revoked; or

(iii)been subject to an interim protection order or corresponding order; or

(iv)been convicted or found guilty of an offence (other than a prescribed offence)—

(A)against this Act or a corresponding law; or

(B)in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

NoteA conviction does not include a spent conviction—see the Spent Convictions Act 2000, s 16 (c) (i).

(v)given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or

(vi)had his or her licence or permit suspended or cancelled;

(c)whether the registrar believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm;

NoteThe Minister may make guidelines about the making of decisions about the public interest under this paragraph (see s 12A).

(d)any other criteria prescribed by regulation.

(2)In this section:

law enforcement agency means each of the following:

(a)the Australian Federal Police;

(b)the police service or force of a State, another Territory or a foreign country;

(c)the Australian Customs Service;

(d)the Australian Crime Commission;

(e)the Commonwealth CrimTrac Agency;

(f)the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State or Territory;

(g)the New South Wales Crime Commission or a similar entity established under the law of another State or Territory;

(h)an entity prescribed by regulation.

prescribed offence means—

(a)an offence—

(i)against this Act or a corresponding law; or

(ii)in the ACT or elsewhere involving violence, drugs, alcohol or weapons; and

(b)an offence punishable by imprisonment for longer than 1 year.

4BIAssessing suitability of individuals—mandatory criteria

(1)For section 4BG, the following are the mandatory criteria in relation to an individual:

(a)for an application for a licence other than a composite entity firearms licence—the registrar believes on reasonable grounds that the individual may not personally exercise continuous and responsible control over a firearm because of the individual’s way of living or domestic circumstances;

(b)within the 10 years before the day the registrar decides the individual’s suitability, the individual has been—

(i)subject to a protection order or corresponding order (other than an order that has been revoked or successfully appealed against); or

NoteSuccessfully appealed against—see the dictionary.

(ii)subject to an order under this Act or a corresponding law that prohibits the person from possessing or using a firearm (other than an order that has been successfully appealed against); or

(iii)convicted or found guilty of a prescribed offence in the ACT or elsewhere;

(c)the individual is not suitable because of a reason prescribed by regulation.

(2)In this section:

prescribed offence—see section 4BH (2).

4BJApproval of courses etc by registrar

(1)The registrar may approve the following for this Act:

(a)a firearms training course;

(b)a shooting competition;

(c)a paintball competition;

(d)an event involving firearms.

(2)An approval under this section is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Part 1BOperation of Act

4CGovernment-owned firearms

For this Act, a firearm owned by the Territory, a State or another Territory for which the head of a government agency is responsible, is taken to be owned by the agency.

NoteThe head of the agency is the principal for the firearm (see s 42U).

4DPeople responsible for certain actions etc

For this Act—

(a)a thing done for a composite entity is taken to have been done by the entity; and

(b)a thing done in relation to a principal or employee of a composite entity is taken to have been done in relation to the entity.

Note Composite entity and principal—see s 42U.

4EPeople exempt from Act etc

(1)A person mentioned in schedule 2, part 2.2, column 2 is exempt from this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the person.

(2)A person mentioned in schedule 2, part 2.3, column 2 does not commit an offence against this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the person.

(3)A person mentioned in schedule 2, part 2.4, column 2 does not commit an offence against this Act in relation to a firearm in the circumstances mentioned in column 3 for the person.

(4)To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a circumstance mentioned in schedule 2, part 2.2, part 2.3 or part 2.4, column 3 has the evidential burden in relation to the circumstance.

(5)For this section, a person is exempt from, or does not commit an offence against, this Act including because of an exception or immunity under a Commonwealth law.

Note 1This Act can only bind the Crown in right of the Commonwealth if regulations under the Australian Capital Territory (Self-Government) Act 1988, s 28 allow it to do so.

Note 2A regulation may also exempt a person from this Act (see s 126 (2) (p)).

Part 1CUnregulated firearms

4GMeaning of unregulated firearm—Act

In this Act:

unregulated firearm—a thing is an unregulated firearm if—

(a)the thing is designed, made or altered to be used as a firearm; and

(b)the only practical use of the thing is as a firearm; and

(c)the thing is not a prohibited firearm; and

(d)the possession or use of the thing is not authorised under this Act.

4HUnregulated firearms—seizure by police

A police officer may seize a thing if the police officer believes on reasonable grounds that the thing is an unregulated firearm and that the seizure is necessary—

(a)because the thing would pose a risk to the safety of anyone if used; and

(b)to prevent the thing from being used or concealed, lost or destroyed.

4IUnregulated firearms—receipt for seizure

(1)A police officer who seizes a thing under section 4H must give a receipt for the thing to the person from whom it was seized.

(2)If, for any reason, it is not practicable to comply with subsection (1), the police officer must leave the receipt, secured conspicuously, at the premises where it was seized (the place of seizure).

(3)The receipt must include the following:

(a)a description of the thing seized;

(b)an explanation of why the thing was seized;

(c)the police officer’s name, and how to contact the officer;

(d)if the thing is removed from the place of seizure under section 4J—the address of the place to which the thing is removed.

4JUnregulated firearms—examination

(1)A police officer who seizes a thing under section 4H (Unregulated firearms—seizure by police) may remove the thing from the premises where it was seized to another place for examination or processing, for not longer than 7 days (the 7-day period).

(2)A police officer may apply to the Magistrates Court for an extension of the 7‑day period if the officer believes on reasonable grounds that the thing cannot be examined or processed within that time.

(3)The police officer must, if practicable, give notice of the application to the person from whom the thing was seized, and the person is entitled to be heard on the application.

(4)The court may order the extension if satisfied on reasonable grounds that the thing cannot be examined or processed within the 7-day period.

(5)If a thing is moved to another place under this section, the police officer must, if practicable, tell the person from whom the thing was seized (or the person’s representative) the results of the examination or processing.

4KUnregulated firearms—access to things seized

A person who would, apart from the seizure, be entitled to inspect a thing seized under section 4H (Unregulated firearms—seizure by police) may inspect it.

4LUnregulated firearms—review of decision to seize

(1)The registrar must review each seizure under section 4H (Unregulated firearms—seizure by police) and order the return of the thing to the person from whom it was seized if—

(a)when seized, the thing was not—

(i)an unregulated firearm; or

(ii)a prohibited firearm; or

(b)within 30 days after the day of seizure, the thing is not a prohibited firearm; or

(c)the registrar has no reasonable grounds to believe that the thing is connected with an offence against any of the following:

(i)this Act;

(ii)the Prohibited Weapons Act 1996;

(iii)the Crimes Act 1900;

(iv)the Criminal Code;

(v)another law prescribed by regulation.

(2)If a thing is ordered to be returned under subsection (1) to the person from whom it was seized, but it cannot be returned, the Territory must pay reasonable compensation to the owner of the thing for its loss.

(3)In this section:

offence includes an offence that there are reasonable grounds for believing has been, is being or will be, committed.

4MUnregulated firearms—forfeiture

(1)A thing seized under section 4H (Unregulated firearms—seizure by police) is forfeited to the Territory if there is no requirement under section 4L—

(a)to return the thing to the person from whom it was seized; or

(b)to pay compensation for the thing.

(2)A thing forfeited to the Territory may be destroyed or otherwise disposed of as the chief executive directs.

Part 1DDeclarations about firearms

  1. Firearms declarations by registrar

    (1)The registrar may, in accordance with any guidelines under section 12A (Minister’s guidelines), do any of the following:

    (a)declare something to be a firearm;

    (b)declare an unregulated firearm to be a prohibited firearm;

    (c)declare that something is not a firearm or prohibited firearm.

    (2)A declaration remains in force for 3 months beginning on the day after the day the declaration is notified under the Legislation Act.

    (3)A declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (4)The registrar must also publish the declaration in a daily newspaper circulating in the ACT.

  2. Effect of certain declarations

    A person does not commit an offence against this Act in relation to the possession or use of a thing that is the subject of a declaration under section 5 (1) (a) or (b) if the elements of the offence happen less than 2 days after the day the declaration is notified under the Legislation Act.

  3. Section 10

    substitute

  4. Delegation by registrar

    The registrar may delegate the registrar’s functions under this Act to a police officer.

    Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    Note 2In particular, the delegation must be in writing (see Legislation Act, s 232).

  5. Section 12

    substitute

  6. Reports and recommendations

    The registrar must report to the Minister on any matter referred by the Minister to the registrar for report.

12AMinister’s guidelines

(1)The Minister may make guidelines for this Act.

(2)Without limiting subsection (1), the Minister may make guidelines about the making of the following decisions by the registrar:

(a)a decision about the public interest under section 4BH (1) (c) (Assessing suitability of individuals—discretionary criteria);

(b)a decision under section 4BJ (Approval of courses etc by registrar);

(c)a decision under section 5 (Firearms declarations by registrar);

(d)a decision under this Act whether it is in the public interest to—

(i)issue a licence; or

(ii)put a condition on a licence; or

(iii)suspend a licence;

(e)a decision about an authorisation under any of the following sections:

(i)section 14 (Authorised instructors and club members);

(ii)section 36 (1) (e) (Adult firearms licences—conditions);

(iii)section 42N (1) (b) (Minors firearms licences—conditions);

(iv)section 42ZK (1) (f) (Composite entity firearms licences—conditions);

(v)section 42ZQB (1) (e) (Temporary international firearms licences—conditions);

(vi)section 98A (Offence—sale of ammunition by licensed firearms dealers);

(vii)section 98B (Offence—sale of ammunition by authorised club members);

(viii)section 99 (Offence—acquiring ammunition);

(ix)section 102 (Offences—defacing, altering and removing identification marks);

(f)a decision about an approval under any of the following sections:

(i)section 80 (Discharge etc of firearm—public places etc);

(ii)section 81 (1) (b) (Discharge of firearm—general);

(iii)section 100 (Modification of firearms).

(3)The registrar must comply with any guidelines about the making of decisions by the registrar.

(4)Also, without limiting subsection (1), the Minister may make guidelines about the following:

(a)the safe storage of firearms on premises;

NotePremises includes vehicles (see dict).

(b)making firearms inoperable;

(c)the operation of shooting ranges;

(d)the operation of paintball ranges;

(e)the correction of records required to be kept by licensed firearms dealers under this Act.

(5)A guideline is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  1. Amnesty
    Section 13 (1)

    omit

    section 16 (Offence of unauthorised possession or use of firearms)

    substitute

    section 16 (Offence—unauthorised possession or use of prohibited firearms) or section 16AA (Offence—unauthorised possession or use of firearms other than prohibited firearms)

  2. Section 14

    substitute

  3. Authorised instructors and club members

    The registrar may, in writing, authorise—

    (a)a licensee to give instruction in the use of firearms if the licensee has completed an approved firearms training course; or

    (b)a member of an approved club to sell ammunition if the registrar is satisfied on reasonable grounds that the member is suitable.

    NoteFor when an individual is or is not suitable, see s 4BG.

  4. New section 15A

    in part 2, insert

15ARegistrar’s approval to possess ammunition as collector

(1)A person may apply to the registrar for approval to possess ammunition.

Note 1If a form is approved under s 125A for this provision, the form must be used.

Note 2A fee may be determined under s 125 for this provision.

(2)The registrar must approve the application unless prevented from doing so by subsection (3).

(3)The registrar must not approve the application unless satisfied on reasonable grounds that—

(a)the applicant is a collector of ammunition; and

(b)the collection of ammunition does not, and will not, consist of more rounds of ammunition that are identical as to the following than the registrar considers reasonable in the interests of public safety:

(i)manufacturer;

(ii)date of manufacture;

(iii)calibre or type;

(iv)if the ammunition bears a cartridge headstamp—headstamp.

  1. Part 3 and division 3.1 headings

    substitute

Part 3Firearms licences

Division 3.1               Requirement for licence etc

  1. Section 16

    substitute

  2. Offence—unauthorised possession or use of prohibited firearms

    A person commits an offence if the person—

    (a)possesses or uses—

    (i)10 or more prohibited firearms; or

    (ii)3 or more prohibited firearms, but less than 10 prohibited firearms; or

    (iii)1 or 2 prohibited firearms; and

    (b)is not authorised by a licence, permit or otherwise under this Act to possess or use each of the firearms.

    Maximum penalty:

    (a)for paragraph (a) (i)—imprisonment for 20 years; or

    (b)for paragraph (a) (ii)—imprisonment for 14 years; or

    (c)    for paragraph (a) (iii)—imprisonment for 10 years.

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

16AAOffence—unauthorised possession or use of firearms other than prohibited firearms

(1)A person commits an offence if the person—

(a)possesses or uses—

(i)10 or more firearms; or

(ii)3 or more firearms, but less than 10 firearms; or

(iii)1 or 2 firearms; and

(b)is not authorised by a licence, permit or otherwise under this Act to possess or use each of the firearms.

Maximum penalty:

(a)for subsection (1) (a) (i)—imprisonment for 20 years; or

(b)for subsection (1) (a) (ii)—imprisonment for 7 years; or

(c)    for subsection (1) (a) (iii)—imprisonment for 5 years.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(2)In this section:

firearm does not include a prohibited firearm.

16ABAlternative verdicts—unauthorised possession or use of firearms

(1)This section applies if, in a prosecution for an offence against section 16 (Offence—unauthorised possession or use of prohibited firearms), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 16AA.

(2)The trier of fact may find the defendant guilty of the offence against section 16AA, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

16ACOffence—contravention of condition by licensee etc

(1)A person commits an offence if the person—

(a)possesses or uses a prohibited firearm; and

(b)is authorised by a licence or permit to possess or use the firearm; and

(c)contravenes a condition of the licence or permit.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

(2)A person commits an offence if the person—

(a)possesses or uses a firearm (other than a prohibited firearm); and

(b)is authorised by a licence or permit to possess or use the firearm; and

(c)contravenes a condition of the licence or permit.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

(3)Subsections (1) and (2) do not apply to a condition that the licensee or permit-holder must allow a police officer to enter to inspect facilities if—

(a)the contravention involved refusing to allow a police officer to enter or inspect facilities; and

(b)the refusal was reasonable in all the circumstances.

  1. Division 3.2 heading

    substitute

Division 3.2               Licensing schemes—general

16ADefinitions of some licences—Act

In this Act:

adult firearms licence means a licence issued to an adult under division 3.2A.

composite entity firearms licence means a licence issued to a composite entity under division 3.2C.

minors firearms licence means a licence issued to a child under division 3.2B.

temporary international firearms licence means a licence issued under division 3.2D.

16BOffence—notice of lost, stolen and destroyed licences

A licensee commits an offence if—

(a)the licence is lost, stolen or destroyed; and

(b)the licensee knows about the loss, theft or destruction; and

(c)the licensee fails to tell the registrar about the loss, theft or destruction within 7 days after the day the licensee becomes aware of the loss, theft or destruction.

Maximum penalty:  10 penalty units.

16COffence—failing to surrender firearms when licence suspended or cancelled

A person commits an offence if—

(a)the person’s licence is suspended or cancelled; and

(b)the person intentionally or negligently fails to surrender any firearm in the person’s possession to a police officer—

(i)if the police officer is present and asks the person for the firearm, and the person has the firearm—immediately; or

(ii)as soon as possible after the day the person is given notice of the suspension or cancellation; or

(iii)if a longer time is stated in the notice—within the time stated in the notice.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

16DOffence—failure to give up suspended or cancelled licence

A person commits an offence if—

(a)the person’s licence is suspended or cancelled; and

(b)the person intentionally or negligently fails to give the licence to a police officer—

(i)if the police officer is present and asks the person for the licence, and the person has the licence—immediately; or

(ii)as soon as possible after the day the person is given notice of the suspension or cancellation; or

(iii)if a longer time is stated in the notice—within the time stated in the notice.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

16EPolice may seize firearms under suspended and cancelled licences

(1)A police officer may seize any firearm in a person’s possession if a licence held by the person is suspended or cancelled.

(2)When the suspension of a licence ends, a police officer must return any firearm seized under this section to the licensee if—

(a)the licence is in force or has not been further suspended; or

(b)possession of the firearm is not otherwise prohibited under this Act.

16FLicence renewals to be treated as fresh applications

To remove any doubt, this Act applies to an application for the renewal of a licence as if it were an application for a new licence.

  1. Section 17

    substitute

  2. Licence categories, kinds and authority conferred by licence

    (1)The categories of licences, the kinds of licences, the firearms to which they apply, and the possession or use they authorise, are set out in schedule 3.

    (2)In addition to the firearms mentioned in schedule 3, column 3 that are excluded from category C and D licences, a regulation may prescribe other firearms that are excluded from the category.

    (3)A regulation may prescribe subcategories of category H licences.

    (4)The possession or use authorised by a licence is subject to any regulation.

    (5)The registrar may declare the category of a firearm if—

    (a)the firearm does not have a category under this Act; or

    (b)it is not clear to which category the firearm belongs.

    NoteCategory, of firearm—see the dictionary.

    (6)A declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (7)The registrar must also publish the declaration in a daily newspaper published and circulating in the ACT.

  3. Authority conferred by licence—additional matters
    Section 18 (2)

    substitute

    (2)A licence (other than a firearms dealer licence or paintball marker licence) that authorises the licensee to use a firearm also authorises the licensee, in accordance with this Act or another territory law, to acquire, possess or use the calibre of ammunition made for use in the firearm.

    Note 1A licensee must not possess, at any one time, an amount of ammunition that is more than the amount (if any) prescribed by regulation, unless authorised in writing by the registrar (see s 36, s 42N, s 42ZK or s 42ZQB).

    Note 2A licensee must not acquire ammunition unless the amount of ammunition that is acquired at any one time is not more than the amount (if any) prescribed by regulation (see s 99).

    (2A)Unless a regulation prescribes otherwise, a category C licence does not authorise the possession or use of a prohibited firearm for a shooting competition.

  4. Sections 19 to 35

    substitute

Division 3.2A            Licensing scheme—adult firearms licences

  1. Adult firearms licences—applications

    (1)An adult may apply to the registrar for an adult firearms licence.

    Note 1If a form is approved under s 125A for this provision, the form must be used.

    Note 2A fee may be determined under s 125 for this provision.

    (2)The application must—

    (a)provide evidence of the applicant’s identity in accordance with the requirements under the Financial Transaction Reports Act 1988 (Cwlth) that apply in relation to the opening of a bank account; and

    (b)contain the information prescribed by regulation; and

    (c)be accompanied by the documents prescribed by regulation.

19AAdult firearms licences—registrar to tell applicant about training etc

On receiving an application for an adult firearms licence, the registrar must give the applicant information about—

(a)any approved firearms training courses that must be completed by the applicant; and

(b)the firearm storage and safety requirements under this Act.

  1. Adult firearms licences—requirement for further information etc

    (1)This section applies to an application for an adult firearms licence.

    (2)The registrar may give the applicant a written notice requiring the applicant to give the registrar stated further information or documents that the registrar reasonably needs to decide the application.

    (3)Without limiting subsection (2), if the registrar believes on reasonable grounds that the applicant’s mental health may affect the applicant’s ability to handle firearms responsibly, the registrar may ask the applicant to consent to the disclosure to the registrar of personal health information about the applicant from a health record relating to the applicant.

    NoteThe Health Records (Privacy and Access) Act 1997 contains provisions about the consent, access to the information and limitations on the use or disclosure of the information (see s 13A and sch 1, principle 10, cl 2 (c), 7 and 8).  In particular, sch 1, principle 10, cl 7 provides that the consent must be in writing and name the health service provider who made the health record.

    (4)If the applicant does not comply with subsection (2) (other than in relation to the consent mentioned in subsection (3)), the registrar may refuse to consider the application further.

    (5)In this section:

    health record—see the Health Records (Privacy and Access) Act 1997, dictionary.

    personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.

  2. Adult firearms licences—decision

    On an application for an adult firearms licence, the registrar must issue the licence unless prevented from doing so by this Act.

    Note 1For when the registrar must refuse to issue an adult firearms licence, see s 22 and s 24 to s 30A.

    Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

  3. Adult firearms licences—refusal

    (1)The registrar must refuse to issue an adult firearms licence to an applicant for the licence unless satisfied on reasonable grounds—

    (a)about the applicant’s identity; and

    (b)that the applicant is suitable; and

    NoteFor when an individual is or is not suitable, see s 4BG.

    (c)that the applicant has a genuine reason for possessing or using a firearm; and

    (d)that the applicant will comply with part 5 (Safe storage of firearms) in relation to each registered firearm held under the licence; and

    (e)that—

    (i)the applicant is, or is about to become, a resident of the ACT; or

    (ii)in accordance with section 23, it would be necessary for the applicant to possess or use the firearm in the lawful course of business or employment in the ACT; and

    (f)that each registered firearm held under the licence will be stored in the ACT.

    (2)The registrar must also refuse to issue the licence if—

    (a)the applicant is not an adult; or

    (b)for an application other than a renewal—the applicant holds a licence of the category applied for; or

    (c)for an application for a licence other than a category D licence—the applicant has not completed each approved firearms training course for the category of licence applied for; or

    (d)for an application for a category D licence—the applicant is not accredited by an entity approved by the registrar; or

    (e)the registrar believes on reasonable grounds that it would be contrary to the public interest to issue the licence.

    NoteThe Minister may make guidelines about the making of a decision whether it is in the public interest to issue a licence (see s 12A).

    (3)The approval of an entity under subsection (2) (d) is a notifiable instrument.

    Note A notifiable instrument must be notified under the Legislation Act.

22AAdult firearms licences—categories

An adult firearms licence must be issued in 1 of the following categories:

(a)category A;

(b)category B;

(c)category C;

(d)category D;

(e)category H;

(f)collectors;

(g)heirlooms;

(h)firearms dealer;

(i)paintball marker.

22BWhen adult firearms licences may be issued

The registrar must not issue an adult firearms licence earlier than 28 days after the day the application for the licence is made.

  1. Adult firearms licences—genuine reasons to possess or use firearms

    (1)An applicant for an adult firearms licence has a genuine reason to possess or use a firearm if the registrar is satisfied that the applicant intends to possess or use the firearm for 1 or more of the reasons mentioned in table 23, column 2.

    (2)The applicant must produce evidence (including evidence of a kind, if any, mentioned in table 23, column 3) of the requirements mentioned in column 3 in relation to the applicant’s genuine reason if asked to do so by the registrar.

    (3)If the applicant does not comply with subsection (2), the registrar may refuse to consider the application further.

Table 23

column 1

item

column 2

genuine reason

column 3

requirements
1 sport or target shooting

1.1      For an applicant to whom section 36A (Adult firearms licences—special conditions for category H licences for sport or target shooting) applies—the applicant is a member of an approved shooting club that conducts competitions or activities requiring the use of the firearm for which the licence is sought.

1.2      For any other applicant—the applicant is an active member of an approved shooting club that conducts competitions or activities requiring the use of the firearm for which the licence is sought.
2 recreational hunting or vermin control on rural land

2.1      For recreational hunting or vermin control on rural land—

        (a)     the applicant has the permission of the owner or occupier of the land to shoot on the land; or

        (b)     the applicant—

  (i)     is an active member of an approved hunting club; and

  (ii)     intends to use the firearm solely to take part in recreational hunting activities conducted by the club; and

                   (iii)     proves that the main objects of the club are to conduct recreational hunting activities requiring the use of the firearm for which the licence is sought; and

                   (iv)     proves that the club has the permission of the owner or occupier of the land to conduct those activities on the land.
2.2      For recreational hunting or vermin control on land within a reserved area under the Nature Conservation Act 1980—the applicant has the permission of an officer of the ACT Parks and Conservation Service or ACT Forests or another authority prescribed by regulation, to shoot on the land.
3 primary production

The applicant—

        (a)     is a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production; and

        (b)     intends to use the firearm solely in relation to farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned).
4 vertebrate pest animal control

The applicant is—

        (a)     a professional contract shooter employed in controlling vertebrate pest animals on rural land; or

        (b)     a person employed by or in, or authorised by, a government agency prescribed by regulation that has functions relating to the control or suppression of vertebrate pest animals; or

        (c)     a person whose occupation is the business of a primary producer, or who is the owner, lessee, or manager of land used for primary production, and who is taking part in an authorised campaign conducted by or on behalf of a government agency to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis.
5 business or employment The applicant needs to possess or use the firearm for which the licence is sought in the conduct of the applicant’s business or employment.
6 occupational requirements relating to rural purposes The applicant is employed in a rural occupation that requires the possession or use of the firearm for which the licence is sought.
7 animal welfare

The applicant is—

        (a)     an officer of the Royal Society for the Prevention of Cruelty to Animals; or

        (b)     a veterinary surgeon; or

        (c)     a person employed by or within an administrative unit with responsibility for animal welfare; or

        (d)     an owner, transporter, drover or other handler of animals who may need to destroy an animal to avoid it suffering.
8 firearms collection

8.1      For a licence that authorises the applicant to collect pistols manufactured after 1946—the applicant proves (by producing written evidence from the approved collectors club of which the applicant is a member) that—

        (a)     the applicant has been a member of the club for at least 1 year; and

        (b)     the collection has a thematic structure; and

        (c)     the applicant researches or studies firearms; and

        (d)     the members of the club collect firearms of the kind for which the licence is sought; and

        (e)     the licence application is supported by the club.

8.2      For a licence that authorises the applicant to collect any other kind of firearms—

        (a)     the applicant is a member of an approved collectors club; and

        (b)     the collection has a genuine historical or thematic structure or a genuine commemorative or investment value; and

        (c)     the members of the club collect firearms of the kind for which the licence is sought; and

        (d)     the licence application is supported by the club.
9 heirloom possession The applicant wants to possess a firearm that is an heirloom.
10 paintball activity The applicant wants to possess or use a paintball marker for paintball activities.

23AAdult firearms licences—no genuine reason to possess or use firearms

An applicant for an adult firearms licence does not have a genuine reason to possess or use a firearm if the applicant intends to possess or use the firearm for—

(a)personal protection or the protection of anyone else; or

(b)the protection of property (other than in circumstances constituting a reason of a kind mentioned in table 23, column 2).

  1. Adult firearms licences—restriction on issue of category B licences

    Unless a regulation prescribes otherwise, the registrar must not issue a category B licence to an adult unless the adult, in addition to establishing a genuine reason to possess or use a firearm, produces evidence that satisfies the registrar that the adult has a special need to possess or use a firearm to which a category B licence applies.

  2. Adult firearms licences—restriction on issue of category C licences

    The registrar must not issue a category C licence to an adult unless—

    (a)the genuine reason established by the adult to possess or use a firearm is primary production (or another genuine reason prescribed by regulation); and

    (b)the adult produces evidence that satisfies the registrar that—

    (i)the adult has a special need to possess or use a firearm to which a category C licence applies; and

    (ii)the special need cannot be met in any other way (whether by the authority given by a category A or category B licence or otherwise).

  3. Adult firearms licences—restriction on issue of category D licences

    (1)The registrar must not issue a category D licence to an adult unless—

    (a)the genuine reason established by the adult to possess or use a firearm is vertebrate pest animal control; and

    (b)the adult produces evidence that satisfies the registrar that the adult has a special need to possess or use a firearm to which a category D licence applies; and

    (c)for an adult mentioned in table 23, item 4, column 3, paragraph (c)—the adult produces evidence that satisfies the registrar that the special need cannot be met in any other way (whether by the authority given by a category B or category C licence, by engaging a professional contract shooter or otherwise); and

    (d)the Minister authorises the issue in writing.

    (2)The Minister’s authority may be given on the condition that the licence is issued subject to a stated condition that the Minister believes on reasonable grounds is in the public interest.

    (3)If a guideline mentioned in section 12A (2) (d) (ii) is in force, the guideline applies in relation to subsection (2) as if the Minister were the registrar.

  1. Adult firearms licences—restriction on issue of category H licences

    The registrar must not issue a category H licence to an adult unless—

    (a)the adult has established 1 or more of the following genuine reasons to possess or use a firearm:

    (i)sport or target shooting;

    (ii)business or employment;

    (iii)firearms collection; and

    (b)the adult produces evidence that satisfies the registrar that the adult has a special need to possess or use a pistol; and

    (c)if the adult’s only genuine reason to possess or use a firearm is sport or target shooting—the adult gives the registrar written evidence from an approved shooting club of which the adult is a member that the licence application is supported by the club.

  2. Adult firearms licences—restriction on issue of collectors licences

    The registrar must not issue a collectors licence to an adult unless satisfied on reasonable grounds that the adult collects firearms.

  3. Adult firearms licences—restrictions on issue of heirlooms licence

    The registrar must not issue an heirlooms licence to an adult—

    (a)for more than 1 firearm or a matched pair of firearms; and

    (b)unless satisfied on reasonable grounds that the firearm or matched pair is—

    (i)an heirloom; and

    (ii)permanently inoperable.

  4. Adult firearms licences—restrictions on issue of firearms dealer licences

    The registrar must not issue a firearms dealer licence to an adult unless satisfied on reasonable grounds that—

    (a)an individual who is, or will be, a close associate of the adult is suitable; and

    NoteFor when an individual is or is not suitable, see s 4BG.

    (b)the adult will be the person primarily responsible for the management of the business to be carried on under the licence.

30AAdult firearms licences—restrictions on issue of paintball marker licences

The registrar must not issue a paintball marker licence to an adult unless satisfied on reasonable grounds that the adult has taken part in at least 4 paintball competitions.

NoteSection 4BE (Paintball markers—authority to possess, use or store) provides that an adult is authorised to possess or use a paintball marker without a licence in certain circumstances.

  1. Adult firearms licences—form

    An adult firearms licence must—

    (a)state the licensee’s name; and

    (b)contain a recent photograph of the licensee; and

    (c)contain the licensee’s signature; and

    (d)state the licence category; and

    (e)for a firearms dealer licence, collectors licence or heirlooms licence—state the category of firearm for which the licence is issued; and

    (f)state the date the licence ends; and

    (g)for a licence other than a firearms dealer licence or paintball marker licence—state the calibre of ammunition the licensee is authorised to acquire or possess; and

    (h)state the genuine reason established by the licensee to possess or use a firearm to which the licence applies; and

    (i)for a category D licence—state the circumstances when the firearm may be used; and

    (j)contain any other particulars prescribed by regulation.

  2. Adult firearms licences—replacements

    (1)The registrar may issue a replacement adult firearms licence to the licensee if satisfied on reasonable grounds that the licence (the original licence) has been lost, stolen or destroyed.

    NoteA fee may be determined under s 125 for this provision.

    (2)If the registrar issues the replacement licence, the registrar must—

    (a)record in the register that the original licence has been lost, stolen or destroyed; and

    (b)not later than 48 hours after making the record, tell all licensed firearms dealers in writing that the original licence has been recorded as lost, stolen or destroyed.

    NoteIt is an offence to fail to tell the registrar about a lost, stolen or destroyed licence (see s 16B).

  3. Section 36

    substitute

  4. Adult firearms licences—conditions

    (1)An adult firearms licence is subject to each of the following conditions:

    (a)the licensee must comply with part 5 (Safe storage of firearms) in relation to each registered firearm held under the licence;

    (b)the licensee must not allow someone else to possess or use a firearm in the licensee’s possession if the other person is not authorised to possess or use the firearm;

    (c)the licensee must store each registered firearm held under the licence at the registered premises for the firearm;

    NoteRegistered premises are premises in the ACT (see dict).

    (d)the licensee must allow a police officer to enter premises to inspect the licensee’s facilities for storing firearms in the licensee’s possession;

    NoteFor a police officer’s powers on entry under a licence condition, see s 75B (Powers on entry—condition).

    (e)the licensee must not possess, at any one time, an amount of ammunition that is more than the amount (if any) prescribed by regulation, unless authorised in writing by the registrar;

    (f)the licence cannot be transferred to someone else;

    (g)any other condition prescribed by regulation.

    (2)For subsection (1) (d), a police officer may enter premises—

    (a)not more than twice each year, unless the entry is under part 7 (Enforcement); and

    (b)only if the licensee is present; and

    (c)only between 7 am and 7 pm; and

    (d)as prescribed by regulation (if any).

    (3)An adult firearms licence is also subject to any condition that the registrar believes on reasonable grounds is in the public interest.

    Note 1The Minister may make guidelines about the making of a decision whether it is in the public interest to put a condition on a licence (see s 12A).

    Note 2If the registrar puts a condition on a licence under this section, the registrar must give written notice of the decision to the licensee (see s 114).

36AAAdult firearms licences—special conditions of category D licences

Each category D licence is subject to the following conditions:

(a)the licensee may use the firearm only in the circumstances stated in the licence;

Example—stated circumstances

for airborne culling

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b)the licensee must—

(i)store the firearm with a licensed firearms dealer (other than a club armourer) as soon as practicable after the day the licence ends; or

(ii)otherwise deal with the firearm in accordance with arrangements approved by the registrar.

  1. Section 36A

    omit everything before subsection (2), substitute

36AAdult firearms licences—special conditions for category H licences for sport or target shooting

(1)This section applies to an adult if the adult—

(a)is issued with a category H licence (the new licence) for the genuine reason of sport or target shooting; and

(b)has never held a category H licence before being issued with the new licence.

  1. Section 36A (2) (b)

    substitute

    (b)the licensee must complete each approved firearms training course for the licence;

  2. Section 37

    omit everything before paragraph (a), substitute

  3. Adult firearms licences—special conditions for collectors licences

    A collectors licence is subject to the following conditions:

  4. Sections 38 to 44

    substitute

  5. Adult firearms licences—special conditions for paintball marker licences

    A paintball marker licence is subject to the condition that the licensee must not use a registered paintball marker held under the licence in the ACT other than at an approved paintball range operated by the paintball range operator for the range.

  6. Adult firearms licences—period in force

    (1)An adult firearms licence begins on the day it is issued and remains in force, subject to this Act—

    (a)for 5 years; or

    (b)if a shorter period is prescribed by regulation—for the shorter period prescribed; or

    (c)for a category D licence—until the date (the end date) decided by the registrar.

    (2)The end date must not be more than 12 months after the day the licence begins.

    Example—s (1)

    An adult firearms licence is issued on 1 January 2009.  It ends on 31 December 2013 (at the end of that day).

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  7. Adult firearms licences—immediate suspension

    (1)This section applies if the registrar—

    (a)is considering whether a ground for cancellation of a licence exists under—

    (i)section 41 (Adult firearms licences—cancellation generally); or

    (ii)section 42 (Adult firearms licences—cancellation of category H licences); and

    (b)believes on reasonable grounds that it is in the public interest to suspend the licence until the registrar decides whether to cancel the licence on the ground.

    Note 1The Minister may make guidelines about the making of a decision whether it is in the public interest to suspend a licence (see s 12A).

    Note 2If the registrar suspends a licence under this section, the registrar must give written notice of the decision to the licensee (see s 114).

    (2)The registrar’s notice of the suspension must—

    (a)include a statement about the effect of subsections (3) and (4); and

    (b)state that the licensee may, before the end of a stated period, give the registrar written reasons why the licence should remain in force.

    NoteSee s 42A (Adult firearms licences—when suspension or cancellation takes effect).

    (3)The suspension ends when the earliest of the following happens:

    (a)the registrar gives the licensee a written notice revoking the suspension;

    (b)if the licence is cancelled under this Act or another territory law, or suspended (the later suspension) under another provision of this Act or another territory law—the cancellation or later suspension takes effect;

    (c)12 weeks have elapsed after the day the suspension takes effect.

    (4)The licensee is not authorised to possess or use any firearm (not only firearms held under the licence) during the suspension.

40AAdult firearms licences—mandatory suspension

(1)The registrar must suspend an adult firearms licence if the registrar believes on reasonable grounds that the licensee has been charged with, committed or threatened to commit—

(a)a domestic violence offence; or

(b)an offence against a law of a State or another Territory corresponding to a domestic violence offence.

Note 1Domestic violence offence—see the dictionary.

Note 2A licence is automatically suspended under the Domestic Violence and Protection Orders Act 2001, s 57 (Firearms and interim orders) if the Magistrates Court makes an interim protection order unless the court orders otherwise. Under that section, the Magistrates Court may also order seizure of the licence, and seizure and detention of firearms and ammunition, for the period of the interim order.

Note 3A licence is also automatically suspended under the Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and emergency orders) if a judicial officer makes an emergency order. Under that section, the officer may also order seizure of the licence, and seizure and detention of firearms and ammunition, for the period of the emergency order.

Note 4If the registrar suspends a licence under this section, the registrar must give written notice of the decision to the licensee (see s 114).

(2)The registrar’s notice of the suspension must—

(a)include a statement about the effect of subsections (3) and (4); and

(b)state that the licensee may, before the end of a stated period, give the registrar written reasons why the licence should remain in force.

(3)The suspension ends when the earliest of the following happens:

(a)the registrar gives the licensee a written notice revoking the suspension;

(b)if the licence is cancelled under this Act or another territory law, or suspended (the later suspension) under another provision of this Act or another territory law—the cancellation or later suspension takes effect;

(c)12 weeks have elapsed after the day the suspension takes effect.

(4)The licensee is not authorised to possess or use any firearm (not only firearms held under the licence) during the suspension.

  1. Adult firearms licences—cancellation generally

    (1)The registrar must cancel an adult firearms licence—

    (a)if, had the licensee been applying for the licence held, the registrar would be required to refuse to issue the licence; or

    NoteFor when the registrar must refuse to issue an adult firearms licence, see s 22 and s 24 to s 30A.

    (b)if satisfied on reasonable grounds that the licensee—

    (i)gave information that was (to the licensee’s knowledge) false or misleading in a material particular in relation to the application for the licence; or

    (ii)has contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (iii)has contravened a condition of the licence; or

    (c)if satisfied on reasonable grounds that the licensee is not suitable; or

    NoteFor when an individual is or is not suitable, see s 4BG.

    (d)for any other reason prescribed by regulation.

    (2)Subsection (1) (b) (iii) does not apply to a condition that the licensee must allow a police officer to enter premises to inspect facilities if—

    (a)the contravention involved refusing to allow a police officer to enter the premises or inspect the facilities; and

    (b)the refusal was reasonable in all the circumstances.

    Note 1If the registrar cancels a licence under this section, the registrar must give written notice of the decision to the licensee (see s 114).

    Note 2A licence is automatically cancelled under the Domestic Violence and Protection Orders Act 2001, s 38 (Firearms and final orders) if the Magistrates Court makes a final protection order unless the court orders otherwise. Under that section, the Magistrates Court may also order seizure of the licence, firearms and ammunition.

  2. Adult firearms licences—cancellation of category H licences

    The registrar must cancel a category H licence issued for the genuine reason of sport or target shooting if satisfied on reasonable grounds that the licensee stops being an active member of an approved shooting club.

42AAdult firearms licences—when suspension or cancellation takes effect

(1)This section applies if the registrar suspends or cancels a licence under this division.

(2)The suspension or cancellation takes effect on—

(a)the day notice of the suspension or cancellation is given to the licensee; or

(b)if the notice of the suspension or cancellation states a later date of effect—the stated date.

NoteFor how documents may be served, see the Legislation Act, pt 19.5.

Division 3.2B            Licensing scheme—minors firearms licences

42DChildren prohibited from owning firearms

A child must not own a firearm.

42EMinors firearms licences—applications

(1)A child may apply to the registrar for a minors firearms licence if the child—

(a)is at least the age prescribed by regulation; and

NoteA child is under 18 years old (see Legislation Act, dict, pt 1, def child).

(b)has completed each approved firearms training course for the licence; and

(c)is a member of an approved shooting club.

Note 1If a form is approved under s 125A for this provision, the form must be used.

Note 2A fee may be determined under s 125 for this provision.

(2)The application must—

(a)provide evidence of the applicant’s identity in accordance with the requirements under the Financial Transaction Reports Act 1988 (Cwlth) that apply in relation to the opening of a bank account; and

(b)contain the information prescribed by regulation; and

(c)be accompanied by the documents prescribed by regulation.

(3)The applicant must personally lodge the application in the presence of a responsible person for the applicant.

(4)The application must contain the written consent of a responsible person for the applicant to the issue of the licence.

NoteA responsible person for an applicant is a person with parental responsibility for the applicant (see dict).

42FMinors firearms licences—requirement for further information etc

(1)This section applies to an application for—

(a)a minors firearms licence; or

(b)an extension under section 42O  (Minors firearms licences—period in force).

(2)The registrar may give the applicant a written notice requiring the applicant to give the registrar stated further information or documents that the registrar reasonably needs to decide the application.

(3)Without limiting subsection (2), if the registrar believes on reasonable grounds that the applicant’s mental health may affect the applicant’s ability to handle firearms responsibly, the registrar may ask the applicant to consent to the disclosure to the registrar of personal health information about the applicant from a health record relating to the applicant.

NoteThe Health Records (Privacy and Access) Act 1997 contains provisions about the consent, access to the information and limitations on the use or disclosure of the information (see s 13A and sch 1, principle 10, cl 2 (c), 7 and 8).  In particular, sch 1, principle 10, cl 7 provides that the consent must be in writing and signed by a parent or legally appointed guardian of the applicant, or someone else with parental responsibility for the applicant, and name the health service provider who made the health record.

(4)If the applicant does not comply with subsection (2) (other than in relation to the consent mentioned in subsection (3)), the registrar may refuse to consider the application further.

(5)In this section:

health record—see the Health Records (Privacy and Access) Act 1997, dictionary.

personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.

42GMinors firearms licences—decision

On an application for a minors firearms licence, the registrar must issue the licence unless prevented from doing so by this Act.

Note 1For when the registrar must refuse to issue a minors firearms licence, see s 42H.

Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

42HMinors firearms licences—refusal

(1)The registrar must refuse to issue a minors firearms licence to an applicant for the licence unless satisfied on reasonable grounds—

(a)about the applicant’s identity; and

(b)that the applicant is suitable; and

NoteFor when an individual is or is not suitable, see s 4BG.

(c)that the applicant has a genuine reason for possessing or using a firearm; and

NoteGenuine reasons for possessing or using firearms for minors firearms licences are dealt with in s 42K.

(d)that the applicant is, or is about to become, a resident of the ACT; and

(e)that the application is made in accordance with section 42E.

(2)The registrar must also refuse to issue the licence if—

(a)the applicant holds a licence of the category applied for; or

(a)because the thing would pose a risk to the safety of anyone if used; and

(b)to prevent the thing from being used or concealed, lost or destroyed.

4EUnregulated weapons—receipt for seizure

(1)A police officer who seizes a thing under section 4D must give a receipt for the thing to the person from whom it was seized.

(2)If, for any reason, it is not practicable to comply with subsection (1), the police officer must leave the receipt, secured conspicuously, at the premises where it was seized (the place of seizure).

(3)The receipt must include the following:

(a)a description of the thing seized;

(b)an explanation of why the thing was seized;

(c)the police officer’s name, and how to contact the officer;

(d)if the thing is removed from the place of seizure under section 4F—the address of the place to which the thing is removed.

4FUnregulated weapons—examination

(1)A police officer who seizes a thing under section 4D (Unregulated weapons—seizure by police) may remove the thing from the premises where it was seized to another place for examination or processing, for not longer than 7 days (the 7-day period).

(2)A police officer may apply to the Magistrates Court for an extension of the 7‑day period if the officer believes on reasonable grounds that the thing cannot be examined or processed within that time.

(3)The police officer must, if practicable, give notice of the application to the person from whom the thing was seized, and the person is entitled to be heard on the application.

(4)The court may order the extension if satisfied on reasonable grounds that the thing cannot be examined or processed within the 7-day period.

(5)If a thing is moved to another place under this section, the police officer must, if practicable, tell the person from whom the thing was seized (or the person’s representative) the results of the examination or processing.

4GUnregulated weapons—access to things seized

A person who would, apart from the seizure, be entitled to inspect a thing seized under section 4D (Unregulated weapons—seizure by police) may inspect it.

4HUnregulated weapons—review of decision to seize

(1)The registrar must review each seizure under section 4D (Unregulated weapons—seizure by police) and order the return of the thing to the person from whom it was seized if—

(a)when seized, the thing was not—

(i)an unregulated weapon; or

(ii)a prohibited weapon; or

(b)within 30 days after the day of seizure, the thing is not a prohibited weapon; or

(c)the registrar has no reasonable grounds to believe that the thing is connected with an offence against any of the following:

(i)this Act;

(ii)the Firearms Act 1996;

(iii)the Crimes Act 1900;

(iv)the Criminal Code;

(v)another law prescribed by regulation.

(2)If a thing is ordered to be returned under subsection (1) to the person from whom it was seized, but it cannot be returned, the Territory must pay reasonable compensation to the owner of the thing for its loss.

(3)In this section:

offence includes an offence that there are reasonable grounds for believing has been, is being or will be, committed.

4IUnregulated weapons—forfeiture

(1)A thing seized under section 4D (Unregulated weapons—seizure by police) is forfeited to the Territory if there is no requirement under section 4H—

(a)to return the thing to the person from whom it was seized; or

(b)to pay compensation for the thing.

(2)A thing forfeited to the Territory may be destroyed or otherwise disposed of as the chief executive directs.

Part 1CMinister’s guidelines

4KMinister’s guidelines

(1)The Minister may make guidelines about the making of a decision by the registrar under section 4L.

(2)The registrar must comply with any guidelines under this section.

(3)A guideline is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 1DDeclarations about prohibited articles and weapons

4LProhibited articles and weapons declarations by registrar

(1)The registrar may, in accordance with any guidelines under section 4K (Minister’s guidelines), do any of the following:

(a)declare something to be a prohibited article;

(b)declare an unregulated weapon to be a prohibited weapon;

(c)declare that something is not a prohibited article or prohibited weapon.

(2)A declaration remains in force for 3 months beginning on the day after the day the declaration is notified under the Legislation Act.

(3)A declaration is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(4)The registrar must also publish the declaration in a daily newspaper circulating in the ACT.

4MEffect of certain declarations

A person does not commit an offence against this Act in relation to the possession or use of a thing that is the subject of a declaration under section 4L (1) (a) or (b) if the elements of the offence happen less than 2 days after the day the declaration is notified under the Legislation Act.

  1. Part 2 heading

    substitute

Part 2Offences

  1. Sections 5 and 6

    substitute

  2. Offence—unauthorised possession or use of prohibited weapons

    A person commits an offence if the person—

    (a)possesses or uses a prohibited weapon; and

    (b)is not authorised by a permit, or otherwise under this Act, to possess or use the weapon.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

  3. Offence—unauthorised possession or use of prohibited articles

    A person commits an offence if the person—

    (a)possesses or uses a prohibited article; and

    (b)is not authorised by a permit, or otherwise under this Act, to possess or use the article.

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

  4. New sections 6A and 6B

    insert

6ADeclarations about authorised possession and use of laser pointers

(1)The registrar may, in accordance with any guidelines under section 6B, declare that the possession or use of a laser pointer is authorised.

Note 1A power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48.)

Note 2A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

(2)A declaration may provide for the authorisation—

(a)to apply generally or in a particular case; or

(b)to be conditional.

(3)A declaration is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(4)In this section:

laser pointer means a prohibited weapon that is a hand-held article, commonly known as a laser pointer, designed or adapted to emit a laser beam with an accessible emission level of greater than 1mW.

6BGuidelines for declarations under section 6A

(1)The Minister may make guidelines about the making of a declaration under section 6A.

(2)The registrar must comply with any guidelines under this section.

(3)A guideline is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  1. Section 8

    substitute

  2. Offence—disposal of prohibited weapons and articles by unauthorised holders

    (1)A person commits an offence if—

    (a)the person has possession of a prohibited weapon or prohibited article; and

    (b)the person is not, or is no longer, authorised by a permit or otherwise under this Act to possess the weapon or article; and

    (c)within 7 days after the day the person comes into possession of, or is no longer authorised to possess, the weapon or article, the person fails—

    (i)to surrender the weapon or article to a police officer; or

    (ii)to dispose of the weapon or article to someone who is authorised by a permit to possess it.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    (2)A person does not contravene any other provision of this Act because the person—

    (a)disposed of or surrendered a prohibited weapon or prohibited article in accordance with this section; or

    (b)accepted a prohibited weapon or prohibited article under this section.

  3. Section 17

    substitute

  4. Evidentiary provisions

    A certificate signed by the registrar stating the following is evidence of the matter stated:

    (a)at a stated time or during a stated period, a stated person was, or was not, the holder of a stated permit (or of a permit for a stated prohibited weapon or prohibited article);

    (b)a permit was or was not, on a day or during a stated period, subject to a stated condition.

17ADetermination of fees

(1)The Minister may determine fees for this Act.

NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

  1. Approved forms
    Section 18

    omit

    Minister

    substitute

    registrar

  2. New part 5

Part 5Transitional

  1. Definitions—pt 5

    In this part:

    commencement day means the day 1 year after the day the Firearms Amendment Act 2008 is notified.

    dispose, of a prohibited weapon or article, means sell, give away or otherwise transfer possession of the weapon or article.

    pre-commencement Act means this Act as in force at any time before the commencement day.

  2. Pre-commencement Act—permitted weapons and articles generally

    (1)This section applies to a weapon or article that—

    (a)is not, before the commencement day, a prohibited weapon or prohibited article; and

    (b)will be, on the commencement day, a prohibited weapon or prohibited article.

    (2)A person may apply to the registrar for a permit for the weapon or article at any time before the commencement day.

    (3)For an application mentioned in subsection (2), section 9 (Permits), section 13 (Surrender of cancelled permit) and section 14 (Review of decisions) apply as if the weapon or article were a prohibited weapon or prohibited article.

    (4)The person is exempt from any fee that would otherwise be payable to the registrar for—

    (a)the application; and

    (b)if a permit is issued to the person—the issue of the permit.

    (5)A person may before the commencement day—

    (a)surrender the weapon or article to a police officer; or

    (b)dispose of the weapon or article to someone who is authorised by a permit to possess it.

    (6)A weapon or article surrendered under this section—

    (a)is forfeited to the Territory; and

    (b)may be destroyed or otherwise disposed of as the chief executive directs.

  3. Pre-commencement Act—permitted weapons and articles—late application for permit

    (1)This section applies if—

    (a)a person applies under section 51 for a permit for a weapon or article during the period beginning 30 days before the commencement day; and

    (b)the registrar has not decided whether to issue or refuse to issue the permit before the commencement day.

    (2)The person does not commit an offence against this Act in relation to the possession or use of the weapon or article if the elements of the offence happen—

    (a)during the period the registrar is deciding; and

    (b)if the registrar decides to refuse to issue the permit—during the period of 7 days (the 7-day period) beginning on the day after the day the person receives notice of the registrar’s decision.

    (3)A person mentioned in subsection (2) (b) may, during the 7-day period—

    (a)surrender the weapon or article to a police officer; or

    (b)dispose of the weapon or article to someone who is authorised by a permit to possess it; or

    (c)if the person decides to apply to the AAT for a review of the decision of the registrar to refuse to issue the permit—ask the registrar to store the weapon or article until the application, and any subsequent appeal, are finally decided.

    (4)If the person’s application or appeal is successful, the weapon or article must be returned to the person.

    (5)If the person’s application or appeal is not successful, the weapon or article is taken to be surrendered to the registrar.

    (6)A weapon or article surrendered under this section—

    (a)is forfeited to the Territory; and

    (b)may be destroyed or otherwise disposed of as the chief executive directs.

  4. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Firearms Amendment Act 2008.

    (2)A regulation may modify this part to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)A regulation under subsection (2) has effect despite anything else in this Act or another territory law.

  5. Expiry—pt 5

    This part expires 1 year after the commencement day.

  6. Schedule 1, new item 31

    insert

31 Hand-held articles, commonly known as laser pointers, designed or adapted to emit a laser beam with an accessible emission level of greater than 1mW.

  1. Schedule 1

    substitute

Schedule 1Prohibited weapons

(see s 4A)

Part 1.1Prohibited bladed weapons

column 1

item

column 2

description
1

a flick knife or other similar device that has a blade folded or recessed into the handle which opens automatically by—

(a)     gravity or centrifugal force; or

(b)     pressure applied to a button, spring or device in or attached to the handle of the device
2

a sheath knife or other similar device that has a sheath that withdraws into the handle by—

(a)     gravity or centrifugal force; or

(b)     pressure applied to a button, spring or device in or attached to the handle of the device
3

a dagger or other similar device, that has a sharp-pointed stabbing instrument—

(a)     that can be concealed on the person; and

(b)     that—

(i)      has a flat blade with cutting edges (whether serrated or non-serrated) along the length of both sides; or

(ii)     has a needle-like blade, the cross section of which is elliptical or has three or more sides; and

(iii)     is not a sword or bayonet

Example

Urban Skinner push dagger

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
4

a butterfly knife, balisong or other similar device that consists of a blade (whether single-edged or multi-edged) or spike that—

(a)     fits within 2 handles attached to the blade or spike by transverse pivot points; and

(b)     can be opened by gravity or centrifugal force
5

a star knife or other similar device that—

(a)     consists of 2 or more angular points, blades or spikes that spreads out about a central axis point; and

(b)     is designed to spin around the knife’s central axis point in flight when thrown at a target  

6

a trench knife or other similar device that—

(a)     consists of a blade (whether single-edged or multi-edged) or spike; and

(b)     is fitted with a handle made of a hard substance; and

(c)     is either made or modified to be fitted over the knuckles of the hand of the user—

(i)      to protect the knuckles; and

(ii)     to increase the effect of a punch or blow
7 a knife that can discharge a blade as a projectile by a spring mechanism or other means (known as a ballistic knife)
8 a blade, knife or axe that is either made or modified to be thrown
9 a claw (known as a hand or foot claw) made or modified to be attached to or worn on the hand or foot to cause injury to someone else

Part 1.2Prohibited hand weapons

column 1

item

column 2

description
1

a knuckle-duster or other similar device, made or modified to be fitted over the knuckles of the hand of the user—

(a)     to protect the knuckles; and

(b)     to increase the effect of a punch or other blow
2 a sap glove or other weighted glove (including a fingerless glove) made or modified to be used as a weapon
3 a studded glove, or other similar hand covering, that incorporates protrusions designed to puncture or bruise the skin
4

a mace or other similar device (other than a ceremonial mace made for use solely as a symbol of authority on ceremonial occasions) that—

(a)     can cause injury; and

(b)     consists of a club or staff fitted with a flanged or spiked head
5 a flail or other similar device consisting of a staff or handle that has fitted to 1 end, by any means, a freely swinging part armed with spikes or studded with any protruding matter
6 a whip, the lash of which is comprised completely or partly of metal
7 a cat-o’-nine-tails or other similar device whether or not it has 9 lashes
8 nunchakus or kung-fu sticks or other similar device
9

a side-handled baton or other similar device that—

(a)     consists of a baton, staff or rod; and

(b)     is made of a hard substance; and

(c)     has fitted to 1 side a handle (whether or not permanently fixed)
10

an extendable or telescopic baton, made or modified so that the length of the baton extends by—

(a)     gravity; or

(b)     centrifugal force; or

(c)     pressure applied to a button, spring or device in or attached to the handle of the baton

Part 1.3Prohibited missile weapons

column 1

item

column 2

description
1 a spear gun with an overall length of less than 45cm when unloaded
2

a hunting sling, catapult or sling shot made or modified for use with, or a component part of which is, a brace that—

(a)     fits or rests on the forearm or other part of the body; and

(b)     supports the wrist or forearm against the tension of the material used to propel a projectile

Example

a Saunders ‘falcon’ hunting sling

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
3 a crossbow or other similar device manufactured on or after  1 January 1900
4

a blow gun, blow-pipe or dart projector that consists of a pipe or tube through which a dart or other device can be projected by—

(a)     the exhaled breath of the user; or

(b)     the use of an elasticised band; or

(c)     means other than by an explosive
5

a shark dart or other similar device designed to expel, on or after contact, a gas or other substance that can cause bodily harm

Example

a Farallon shark dart

Part 1.4Other prohibited weapons

column 1

item

column 2

description
1

an explosive, incendiary, irritant or poison gas—

(a)     bomb; or

(b)     grenade; or

(c)     rocket with a propellant charge of more than 100g; or

(d)     missile with an explosive or incendiary charge of more than 7g; or

(e)     mine
2

a device or apparatus made or modified for use with a gas or liquid, if the device or apparatus is—

(a)     capable of killing or incapacitating someone; or

(b)     made or modified to kill or incapacitate someone
3 A flame thrower or any other device of military design that can propel ignited incendiary fuel
4

A hand-held or other electric device designed to administer an electric shock on contact, other than a piece of medical equipment or electric prod designed exclusively for use with animals

Example—hand-held electric device

a taser self-defence weapon

Examples—other electric device

1    a taxi protection cushion system

2    a super safety suitcase

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5 a thing made or intended as a defence or antipersonnel spray that can discharge by any means an irritant (other than an irritant matter mentioned in item 6) in liquid, powder, gas or chemical form
6

a thing made or intended as a defence or antipersonnel spray that can discharge by any means an irritant in liquid, powder, gas or chemical form, including but not limited to the following:

(a)     chloroacetophenone, known as CN;

(b)     orthochlorobenzalmalononitrile, known as CS;

(c)     dypenylaminechloroarsone, known as DM or Adamsite;

(d)     oleoresin capsicum, known as OC
7

an acoustic or light-emitting antipersonnel device made or modified—

(a)     to cause permanent or temporary incapacity or disability to a person; or

(b)     to otherwise physically disorientate a person
8 hand-held articles, commonly known as laser pointers, designed or adapted to emit a laser beam with an accessible emission level of greater than 1mW

Schedule 2Prohibited articles

(see s 4B)

column 1

item

column 2

description
1 an article commonly known as soft body armour
2

a modified article of clothing, accessory or adornment a purpose of which is to disguise or conceal a weapon

Examples—modified articles

1    a walking stick containing a sword

2    a riding crop containing a stiletto

3    a Bowen knife belt

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
3 an article or device intended for use to muffle, reduce or stop the noise created by firing a firearm
4 equipment made or modified to make a smoke screen
5 a trip flare
6 a rimfire magazine with a capacity of more than 15 rounds
7 a pistol magazine with a capacity of more than 10 rounds
8 a centre-fire self-loading rifle magazine, or shotgun magazine, with a capacity of more than 5 rounds
9 a shotgun tubular magazine extension to extend the capacity of a shotgun magazine to more than 5 rounds
10 a device that converts a firearm so it can fire in a fully automatic condition
11 a folding, detachable, telescopic or collapsible stock

Part 4Prohibited Weapons Regulation 1997

  1. Legislation amended—pt 4

    This part amends the Prohibited Weapons Regulation 1997.

  2. Prohibited articles
    Section 4

    omit


Schedule 1Technical amendments

(see s 3 and s 70)

Part 1.1Firearms Act 1996

[1.1]Long title

substitute

An Act to provide for the regulation, control and registration of firearms

[1.2]Section 1

substitute

  1. Name of Act

    This Act is the Firearms Act 1996.

[1.3]Section 7

omit

, in writing,

[1.4]Section 7, new notes

insert

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

[1.5]Section 8, new note

insert

NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and function).

[1.6]Section 9

omit

[1.7]Section 11

omit

[1.8]Section 15 (2)

substitute

(2)The registrar may approve the club.

NoteAn approval is a disallowable instrument (see s (6)).

[1.9]Section 123

omit

[1.10]Sections 125 and 125A

substitute

  1. Determination of fees

    (1)The Minister may determine fees for this Act.

    NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

    (2)A determination is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

125AApproved forms

(1)The registrar may approve forms for this Act.

(2)If the registrar approves a form for a particular purpose, the approved form must be used for that purpose.

NoteFor other provisions about forms, see the Legislation Act, s 255.

(3)An approved form is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

[1.11]Schedule 1, heading

omit

(see s 4)

substitute

(see s 4AB)

[1.12]Firearms Act 1996—renumbering

renumber provisions when Act next republished under Legislation Act

Part 1.2Prohibited Weapons Act 1996

[1.13]Section 1

substitute

  1. Name of Act

    This Act is the Prohibited Weapons Act 1996.

[1.14]New section 2

insert

  1. Dictionary

    The dictionary at the end of this Act is part of this Act.

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

    For example, the signpost definition, ‘firearm—see the Firearms Act 1996, section 4A.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act.

    Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

[1.15]New sections 2A and 2B

insert

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

2BOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

·     s 5 (Offence—unauthorised possession or use of prohibited weapons)

·     s 6 (Offence—unauthorised possession or use of prohibited articles)

·     s 8 (Offence—disposal of prohibited weapons and articles by unauthorised holders).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[1.16]New dictionary

insert

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     AAT

·     ACT

·     corrections officer

· Criminal Code

·     exercise

·     function

·     police officer

·     registrar of firearms

·     under.

connected with an offence, for part 1B (Unregulated weapons)—see section 4CA.

dispose, of a prohibited weapon or article, means sell, give away or otherwise transfer possession of the weapon or article.

firearm—see the Firearms Act 1996, section 4A.

permit means a permit under part 3.

possession—see section 3.

premises means the whole or any part of any land, building or other structure, vehicle, vessel, aircraft or place.

prohibited article—see section 4B.

prohibited weapon—see section 4A.

registrar means the registrar of firearms.

unregulated weapon—see section 4C.

Schedule 2Consequential amendments

Part 2.1Court Procedures Act 2004

[2.1]Section 40, definition of firearm

substitute

firearm—see the Firearms Act 1996, section 4A.

[2.2]Dictionary, definition of firearm

substitute

firearm, for part 5 (Court security)—see the Firearms Act 1996, section 4A.

Part 2.2Crimes (Sentence Administration) Regulation 2006

[2.3]Dictionary, definition of firearm

substitute

firearm—see the Firearms Act 1996, section 4A.

[2.4]Dictionary, definitions of prohibited article and prohibited weapon

substitute

prohibited article—see the Prohibited Weapons Act 1996, section 4B.

prohibited weapon—see the Prohibited Weapons Act 1996, section 4A.

Part 2.3Domestic Violence and Protection Orders Act 2001

[2.5]Section 3, notes

substitute

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘firearm—see the Firearms Act 1996, section 4A.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

[2.6]Section 9 (2), definition of domestic violence offence, paragraph (e) (i)

substitute

(i)section 53 (Offence—unregistered firearms);

[2.7]Dictionary, definitions of ammunition, firearm and firearms licence

substitute

ammunition—see the Firearms Act 1996, dictionary.

firearm—see the Firearms Act 1996, section 4A.

firearms licence—see the Firearms Act 1996, dictionary, definition of licence.

Part 2.4Fair Trading Act 1992

[2.8]Section 26 (2) (e)

substitute

(e)carrying a firearm or prohibited weapon;

[2.9]New section 26 (3)

insert

(3)In this section:

firearm—see the Firearms Act 1996, section 4A.

prohibited weapon—see the Prohibited Weapons Act 1996, section 4A.

Part 2.5Spent Convictions Act 2000

[2.10]Section 19 (5)

substitute

(5)Section 16 does not apply in relation to the making of a decision under the Firearms Act 1996 about a person’s suitability.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 10 April 2008.

  2. Notification

    Notified under the Legislation Act on 15 July 2008.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Firearms Amendment Bill 2008, which was passed by the Legislative Assembly on 3 July 2008.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2008

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