Firearms Amendment Act 2010 (ACT)

Firearms Amendment Act 2010

A2010-51

An Act to amend the Firearms Act 1996

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

1. Name of Act

   This Act is the Firearms Amendment Act 2010.

2. Commencement

   This Act commences on the day after its notification day.

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

3. Legislation amended

   This Act amends the Firearms Act 1996.

4. New section 140A

   in part 8, insert

140ATemporary recognition of interstate category D licences—vertebrate pest animal control

(1)This section applies to an individual who—

(a)is a resident of a State or another Territory; and

(b)holds an interstate licence that corresponds to a category D licence; and

(c)is employed by or in, or authorised by, a government agency for the purpose of controlling vertebrate pest animals in the ACT (the relevant purpose); and

(d)tells the registrar in writing that he or she intends to come to the ACT for the relevant purpose.

(2)For the authorised period, the registrar must authorise the individual to possess or use, for the relevant purpose, a firearm of a kind to which the corresponding local licence applies.

(3)However, the registrar must refuse authorisation if—

(a)the registrar is not satisfied that—

(i)the individual has a special need to possess or use a category D firearm for the relevant purpose; and

(ii)the special need cannot be met in any other way; or

(b)the Minister does not approve the authorisation in writing.

(4)The authorisation is subject to compliance with any condition—

(a)prescribed by regulation; or

(b)that the Minister believes on reasonable grounds is in the public interest, stated in the approval.

(5)In this section:

authorised period means the period of 6 months starting on the later of—

(a)the day the individual comes to the ACT for the relevant purpose; or

(b)the day after the day the registrar gives the individual written notice of the authorisation under subsection (2).

1. Reviewable decisions
   Schedule 4, new items 32A and 32B

   insert

32A	140A (3)	refuse to authorise interstate licensee to possess or use category D firearm	interstate licensee refused authorisation
32B	140A (4)	authorise interstate licensee to possess or use category D firearm subject to condition required by Minister	interstate licensee

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 18 November 2010.

2. Notification

   Notified under the Legislation Act on 15 December 2010.

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 2010, which was passed by the Legislative Assembly on 7 December 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010