Firearms Amendment Regulation 2013 (No 1) (ACT)

Firearms Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-29

The Australian Capital Territory Executive makes the following regulation under the Firearms Act 1996.

Dated 22 November 2013.

Simon Corbell

Minister

Andrew Barr

Minister

Firearms Amendment Regulation 2013 (No 1)

Subordinate Law SL2013-29

made under the

Firearms Act 1996

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

Part 2Firearms Act 1996

4            Schedule 1, new item 17A  2

Part 3Firearms Regulation 2008

5            New section 16A  3

6            Section 17, note  3

7           Section 20  3

8            New section 41 (h)  3

9            Table 68, item 1, column 3  4

10          New section 73A  4

Part 1Preliminary

1. Name of regulation

   This regulation is the Firearms Amendment Regulation 2013 (No 1).

2. Commencement

   (1)This regulation, other than section 9, 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)).

   (2)Section 9 commences on a day fixed by the Minister by written notice.

   NoteIf a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This regulation amends the Firearms Act 1996 and the Firearms Regulation 2008.

   NoteThe Firearms Act 1996, s 7 (3) allows the Act, sch 1 to be amended by regulation.

Part 2Firearms Act 1996

1. Schedule 1, new item 17A

   insert

17A

a firearm that—

(a)    is—

(i)    a smoothbore shotgun; or

(ii)    a rifle, including a combination smoothbore shotgun and rifle but not including an airgun; or

(iii)    an airgun mentioned in section 250 (2) (c); and

(b)    has no stock;

other than a firearm—

(c)    whose owner has the registrar’s written approval under section 250 (2) to modify the firearm so that it has no stock; and

(d)    that the registrar is satisfied under section 251 has been modified in accordance with the approval

Part 3Firearms Regulation 2008

1. New section 16A

   insert

16ACategory C licences, genuine reason vertebrate pest animal control—Act, s 64 (a)

The genuine reason of vertebrate pest animal control is prescribed.

1. Section 17, note

   substitute

   NoteThe Act, s 64 restricts the issue of category C licences to adults who establish certain genuine reasons.  The applicant must also produce evidence satisfying the registrar of the special need to possess or use a category C firearm and that that special need cannot be met in any other way.

2. Section 20

   omit everything before subsection (2), substitute

3. Adult licence condition, category C or H licences—Act, s 73 (1) (g)

   (1)This section applies to a category C or category H licence if the genuine reason for possessing or using the firearm is sport or target shooting.

4. New section 41 (h)

   insert

   (h)if the registered owner has the registrar’s written approval under the Act, section 250 (2) to modify the firearm—

   (i)details of the approval, including when it expires under the Act, section 250 (5); and

   (ii)if the firearm is modified—

   (A)the date the registrar decides under the Act, section 251 whether the firearm has been modified in accordance with the approval; and

   (B)the registrar’s decision.

5. Table 68, item 1, column 3

   omit

   4 activities

   substitute

   4 shooting activities

6. New section 73A

   in part 15, insert

73AMinimum dimensions for firearms—Act, sch 1, item 17

(1)The following minimum dimensions are prescribed:

(a)for a firearm that is a smoothbore shotgun, a combination smoothbore shotgun and rifle or an airgun mentioned in the Act, section 250 (2) (c) (Modification of firearms)—

(i)in relation to the length of the barrel or, if it has more than 1 barrel, of the longer or longest barrel—400mm; or

(ii)in relation to the length of the stock—300mm; or

(iii)in relation to the overall length of the firearm—700mm;

(b)for a firearm that is a rifle, other than a combination smoothbore shotgun and rifle or an airgun—

(i)in relation to the length of the barrel or, if it has more than 1 barrel, of the longer or longest barrel—400mm; or

(ii)in relation to the length of the stock—300mm; or

(iii)in relation to the overall length of the firearm—800mm.

(2)However, subsection (1) does not apply in relation to a firearm if—

(a)the firearm’s owner has the registrar’s written approval under the Act, section 250 (2) to modify the firearm to have a dimension that is less than a minimum dimension mentioned in subsection (1); and

(b)the registrar is satisfied under the Act, section 251 (Approval of modifications) that the firearm has been modified in accordance with the approval.

(3)In this section:

length of the stock—see the Act, section 250 (1).

Endnotes

1. Notification

   Notified under the Legislation Act on 25 November 2013.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2013