Firearms Amendment Regulations 2010 (WA)

4184 GOVERNMENT GAZETTE, WA 31 August 2010

P0301*

Firearms Act 1973

Firearms Amendment Regulations 2010

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Firearms Amendment Regulations 2010.
2.	Commencement These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3. Regulations amended
These regulations amend the Firearms Regulations 1974.

4.           Regulation 2 amended

(1) In regulation 2:

(a) delete "In these" and insert:

intention appears.

(1) In these

(b)	insert in alphabetical order:
Act means the Firearms Act 1973; calibre has a meaning affected by subregulation (2);

(2) At the end of regulation 2 insert:

(2) A reference in these regulations to a specific calibre is
a reference to the calibre in inches, unless the contrary

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5.            Regulation 26B amended

In regulation 26B(4) in the Table:

(a) delete "7.62 x 39 calibre" and insert:

7.62 mm calibre

(b) after "(Romanian make) rifle" insert: designed for ammunition with a case length of 39 mm

6.            Schedule 3 amended

(1) In Schedule 3 delete the heading "Category A" and the headings

"sub-category" and "description" and insert:

Division 1 - Category A

1.             Category A firearms

Each firearm described in the Table is a category A firearm.

Table

Sub-category Description

(2) In Schedule 3 delete the heading "Category B" and the headings
"sub-category" and "description" and insert:

Division 2 - Category B

2.             Category B firearms

Each IThearm described in the Table is a category B firearm.

Table

Sub-category Description

(3) In Schedule 3 delete the heading "Genuine need test for
category B" and the passage that begins with "The applicant" and
ends with "required." and insert:

3.             Genuine need test for category B

To satisfy the genuine need test for category B the applicant must satisfy the Commissioner that a firearm of category A would be inadequate or unsuitable for the purpose for which the firearm is required.

4186 GOVERNMENT GAZETTE, WA 31 August 2010

(4) In Schedule 3 delete the heading "Category C" and the headings
"sub-category" and "description" and insert:

Division 3— Category C

4.             Category C firearms

Each firearm described in the Table is a category C firearm.

Table

Sub-category Description

(5) In Schedule 3 delete the heading "Genuine need test for
category C" and the passage that begins with "The applicant" and
ends with "required." and insert:

5.             Genuine need test for category C

To satisfy the genuine need test for category C the applicant must satisfy the Commissioner that a firearm of category A or B would be inadequate or unsuitable for the purpose for which the firearm is required.

(6) In Schedule 3 delete the heading "Restri ctions for category C"
and insert:

6.             Restrictions for category C

(7) In Schedule 3 delete the heading "Category D" and the headings

"sub-category" and "description" and insert:

Division 4— Category D

7.             Category D firearms

Each firearm described in the Table is a category D firearm.

Table

Sub-category Description

(8) In Schedule 3 delete the heading "Genuine need test for

category D" and the passage that begins with "The applicant" and
ends with "purposes." and insert:

8.             Genuine need test for category D

To satisfy the genuine need test for category D the applicant must satisfy the Commissioner that the firearm is required for Commonwealth or State government purposes.

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(9) In Schedule 3 delete the heading "Category E" and the headings

"sub-category" and "description" and insert:

Division 5 - Category E

9.             Category E firearms

Each firearm described in the Table is a category E firearm.

Table

Sub-category Description

(10) In Schedule 3 delete the heading "Category H" and the headings

"sub-category" and "description" and insert:

Division 6 Category H

10. Category If firearms
Each firearm described in the Table is a category H firearm.

Table

Sub-category Description

(11) In Schedule 3 delete the heading "Genuine need test for

category H" and subclause (1) under that heading and insert:

11.           Genuine need test for category H

(1) To satisfy the genuine need test for category H the applicant

must satisfy the Commissioner -
(a)	that a firearm of category A, B or C would be inadequate or unsuitable for the purpose for which the firearm is required; or
(b)	if the firearm required is of category Hi and is a revolver described in clause 12(7A)(b) -

(i)      that the applicant is an individual referred to in clause 12(1)(ba) and is involved in mustering or yarding cattle that are grazed on the pastoral lease; and

(ii)      that the firearm is required when mustering or yarding the cattle to deal with any animals (whether cattle or not) that are dangerous to people.

4188 GOVERNMENT GAZETTE, WA 31 August 2010

(12) In Schedule 3 under the heading "Genuine need test for

category H":

(a) in subclause (2) delete paragraph (b) and "or" after it

and paragraph (c) and insert:

(b)	recreational shooting, unless the person is a person described in clause 12(1)(a) and requires the firearm for a purpose described in that paragraph; or
(c)	destroying stock or vermin in circumstances other than those described in subclause (1 )(b)(ii).

(b) after paragraph (a) insert:

or

(13) In Schedule 3 delete the heading "Restri ctions for category H"

and insert:

12.           Restrictions for category H

(14) In Schedule 3 under the heading "Restri ctions for category H" in

subclause (1):

(a) after paragraph (a) insert:

(ba) it is for a firearm of category Hi, and is granted or

issued to an individual who either -

(i)      holds a pastoral lease, whether alone or with one or more other persons, on which cattle are grazed for commercial purposes; or

(ii)      is nominated by the person or persons who

hold such a pastoral lease and is approved by the Commissioner,

but not to more than one such person, for the

purpose described in clause 1 1(1)(b)(ii); or

(b) after paragraphs (a), (b) and (c) insert:

or

(15) In Schedule 3 under the heading "Restri ctions for category H"
after subclause (6) insert:

(7A) Under subclause (1 )(ba) one individual cannot be granted an

approval or permit or issued a licence -

(a) for more than one firearm of category Hi; or

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(b) for a firearm of category H1 other than one that —

(i)      is a revolver; and

(ii)      has a calibre of 0.38 or more and not more than 0.45; and

(iii)      has a barrel length of 100 mm or more;

or

(c) unless it is subject to a condition that the firearm

must not be used except on a pastoral lease.

(7B) Under subclause (1)(ba)(ii) a person who holds 2 or more
pastoral leases may nominate one individual for each lease
and may nominate the same individual for more than one

lease.

(16) In Schedule 3 under the heading "Restrictions for category H" in

subclause (7):

(a) insert in alphabetical order:
pastoral lease means, as the case requires —

(a)	a pastoral lease of Crown land granted under the Land Administration Act 1997 section 101 or continued under section 143 of that Act; or
(b)	the land to which such a lease applies.

(b) in the definition of barrel length delete "position." and

insert:

position;

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.