Firearms Amendment Regulations 2024 (Vic)
Firearms Amendment Regulations 2024
S.R. No. 125/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6New Part 6A inserted
7New regulations 28A and 28B inserted
8New Schedule 5A inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 125/2024
Firearms Act 1996
Firearms Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 6 November 2024
Responsible Minister:
ANTHONY CARBINES
Minister for Police
ANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Firearms Regulations 2018, as a result of the enactment of the Firearms and Control of Weapons (Machetes) Amendment Act 2024—
(a)to make further provision for the service of firearm prohibition orders; and
(b)to prescribe particulars and information to be included in reports made under the Firearms Act 1996; and
(c)to prescribe the form of a service search warrant issued under the Firearms Act 1996; and
(d)to prescribe other minor and related matters.
2Authorising provision
These Regulations are made under section 191 of the Firearms Act 1996.
3Commencement
These Regulations come into operation on 13 November 2024.
4Principal Regulations
In these Regulations, the Firearms Regulations 2018[1] are called the Principal Regulations.
5Definitions
For regulation 4 of the Principal Regulations substitute—
"4 Definitions
In these Regulations—
FPO reference number, in relation to a firearm prohibition order, means a unique number or code that identifies that particular order;
President has the same meaning as in the Children, Youth and Families Act 2005;
the Act means the Firearms Act 1996.".
6New Part 6A inserted
After Part 6 of the Principal Regulations insert—
"PART 6A—FIREARM PROHIBITION ORDERS
19APowers and duties regarding detained individual—other information to be given to an individual detained under section 112ZD of the Act
For the purposes of section 112ZE(3)(a) of the Act, the other prescribed information is the following—
(a)the effect of section 112ZY(b) of the Act;
(b)the date and time and the place at which the police officer—
(i)stopped the individual under section 112ZA(1)(a) of the Act; and
(ii)gave a direction to the individual under section 112ZC(1) of the Act; and
(iii)detained the individual under section 112ZD of the Act;
(c)if the individual is under the age of 18 years, the telephone number for the appropriate legal service specified in section 112ZF(2) of the Act;
(d)the contact details to request a record under section 112ZZD(1) of the Act.
19BMagistrate may issue service search warrant—prescribed form
The prescribed form for a service search warrant issued under section 112ZG of the Act is Form 1 of Schedule 5A.
19CMatters to be stated in service search warrant—other prescribed information
For the purposes of section 112ZI(g) of the Act, the other prescribed information is the information that is required to be included in the service search warrant as set out in the form of the warrant in Form 1 of Schedule 5A.
19DRequirements if individual detained under warrant—other information to be given to an individual
For the purposes of section 112ZS(3)(a) of the Act, the other prescribed information is the following—
(a)the date and time and the place at which the police officer detained the individual under the service search warrant;
(b)if the individual is under the age of 18 years, the telephone number for the appropriate legal service specified in section 112ZT(2) of the Act;
(c)the contact details to request a record under section 112ZZD(2) of the Act.
19EDuty to make records concerning service direction determinations—reasons for decision
For the purposes of section 112ZZA(1) of the Act, the prescribed particulars are the following—
(a)the FPO reference number;
(b)the date the service direction determination is made;
(c)the first of the days referred to in section 112Y(b) and (c) of the Act;
(d)if, in the affidavit supporting the application, it is claimed that—
(i)the individual is avoiding service, that fact; or
(ii)it was not possible to ascertain the residential address of the individual, that fact;
(e)the information referred to in section 174E(3)(i) of the Act that is known to the Chief Commissioner;
(f)if the individual is under the age of 18 years when the service direction determination is made, a brief description of the exceptional circumstances;
(g)a copy of the affidavit supporting the application;
(h)if the determination is made under delegation, the class of the delegate referred to in section 112F of the Act who made the determination;
(i)any other information that the Chief Commissioner considers appropriate.
19FDuty to make records concerning service direction determinations—record of detention or holding in custody
(1)For the purposes of section 112ZZA(3) of the Act, the prescribed particulars are those set out in subregulations (2), (3) and (4).
(2)For the purposes of subregulation (1), the following particulars are set out in relation to each individual detained under Division 6 of Part 4A of the Act—
(a)the date and time and the place at which the police officer stopped the individual under section 112ZA(1)(a) of the Act;
(b)the name and address that the individual gave in response to the direction given under section 112ZA(1)(b) of the Act;
(c)the direction given to the individual under section 112ZC(1) of the Act;
(d)any reason given by the individual for refusing or failing to comply with the direction given under section 112ZC(1) of the Act;
(e)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZF of the Act.
(3)For the purposes of subregulation (1), the following particulars are set out in relation to each individual held in custody under Division 6 or 7 of Part 4A of the Act—
(a)the date and time and the place at which the individual was taken into custody;
(b)if the police officer used force to apprehend or detain the individual, details of the force used;
(c)if the individual was transferred to another place under section 112ZE(1) of the Act—
(i)the date and time that the individual was transferred from the place at which the individual was detained; and
(ii)the place to which the individual was transferred.
(4)For the purposes of subregulation (1), the following particulars are set out in relation to each individual detained under Division 6 of Part 4A of the Act and each individual held in custody under Division 6 or 7 of Part 4A of the Act—
(a)the FPO reference number;
(b)the name and date of birth of the individual;
(c)if the individual is known to be a person with a special vulnerability, the general nature of that special vulnerability;
(d)the date and time that the individual was informed that they are free to go;
(e)in the event that the individual was at a police station or other safe place when informed that they are free to go—
(i)if the individual was taken to a place agreed with the police officer, that fact;
(ii)if the police officer made a determination under section 112ZX(3) of the Act, that determination;
(iii)if the individual was taken to a place determined by the police officer, that fact;
(iv)if the individual refused to be taken to a place determined under section 112ZX(3) of the Act—
(A)that fact; and
(B)any reason given by the individual for refusing to be taken to that place;
(f)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—
(i)that fact; and
(ii)the date and time that the individual was taken into custody.
19GDuty to make records concerning service search warrants
(1)For the purposes of section 112ZZB(4) of the Act, the prescribed particulars are those set out in subregulations (2), (3), (4) and (5).
(2)For the purposes of subregulation (1), the following particulars are set out in relation to each search carried out under a service search warrant—
(a)the FPO reference number;
(b)the court reference number of the service search warrant;
(c)the name, rank, registered number and address of the police officer who executed the warrant;
(d)the name and address of any person who assisted with the execution of the warrant;
(e)the reason why the police officer believed, before executing the warrant, that the individual named in the warrant was at the premises to be entered and searched;
(f)the date and time that the warrant was executed;
(g)if the police officer or person assisting did not comply with section 112ZO(1) of the Act, that fact;
(h)the name and address of any person given a copy of the execution copy of the warrant, if the person gave their name and address;
(i)if the individual named in the warrant was found on the premises, that fact;
(j)if the individual named in the warrant was not found on the premises, that fact;
(k)the date and time that the search was completed;
(l)the date and time that the police officer and any person assisting the police officer left the premises.
(3)For the purposes of subregulation (1), the following particulars are set out in relation to any property that was broken open, unlocked, damaged or destroyed during the execution of a service search warrant—
(a)a description of the property;
(b)a description of any damage done to the property;
(c)if the property is a vehicle, the make, model, colour and registration number (if any) of the vehicle.
(4)For the purposes of subregulation (1), the following particulars are set out in relation to an individual detained under a service search warrant or held in custody under section 112ZS of the Act—
(a)the date and time that the individual was detained;
(b)if the police officer used force to apprehend or detain the individual, details of the force used;
(c)if the individual was held in custody at the premises, that fact;
(d)if the individual was transferred to another place under section 112ZS(1) of the Act—
(i)the date and time that the individual was transferred from the premises; and
(ii)the place to which the individual was transferred;
(e)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZT of the Act;
(f)the date and time that the individual was informed that they are free to go;
(g)if the individual was taken to a place agreed with the police officer, that fact;
(h)if the police officer made a determination under section 112ZX(3) of the Act, that determination;
(i)if the individual was taken to a place determined by the police officer, that fact;
(j)if the individual refused to be taken to a place determined under section 112ZX(3) of the Act—
(i)that fact; and
(ii)any reason given by the individual for refusing to be taken to that place;
(k)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—
(i)that fact; and
(ii)the date and time that the individual was taken into custody;
(l)if the individual escaped from custody, that fact.
(5)For the purposes of subregulation (1), the following particulars are set out in relation to the exercise of power under Division 5 of Part 4A of the Act at any premises entered under a service search warrant—
(a)if the police officer exercised a power under section 112Q of the Act at the premises—
(i)that fact; and
(ii)the make, model, colour and registration number (if any) of any vehicle, vessel or aircraft searched;
(b)if the police officer exercised a power under section 112R of the Act at the premises, that fact;
(c)if the police officer exercised a power under section 112S of the Act at the premises—
(i)that fact; and
(ii)the number of persons searched.
19HRecords to be given to the IBAC
For the purposes of section 112ZZC(1) of the Act, the following particulars are the prescribed particulars as to the records kept under Division 9 of Part 4A of the Act—
(a)for a record concerning a service direction determination, the particulars referred to in regulation 19E, other than a copy of the affidavit supporting the application for the determination;
(b)for a record concerning the detention or holding in custody of an individual, the particulars referred to in regulation 19F;
(c)for a record concerning a service search warrant, the particulars referred to in regulation 19G.
Note
The written report containing the prescribed particulars as to the records kept under Division 9 of Part 4A of the Act may be provided to the IBAC by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
19ICertain persons may request records—execution of service search warrants
(1)For the purposes of section 112ZZD(2) of the Act, the prescribed particulars are those set out in subregulations (2), (3) and (4).
(2)For the purposes of subregulation (1), the following particulars are set out for a request by the individual to whom the firearm prohibition order applied or a person with parental responsibility for the individual to whom the firearm prohibition order applied—
(a)if the individual named in the warrant was found on the premises, that fact;
(b)if the individual named in the warrant was not found on the premises, that fact;
(c)the date and time that the search was completed;
(d)if the individual named in the warrant was detained under the warrant or held in custody under section 112ZS of the Act—
(i)the date and time that the individual was detained; and
(ii)if the police officer used force to apprehend or detain the individual, details of the force used; and
(iii)if the individual was held in custody at the premises, that fact; and
(iv)if the individual was transferred to another place under section 112ZS(1) of the Act—
(A)the date and time that the individual was transferred from the premises; and
(B)the place to which the individual was transferred; and
(v)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZT of the Act; and
(vi)the date and time that the individual was informed that they are free to go; and
(vii)if the police officer made a determination under section 112ZX(3) of the Act, that determination; and
(viii)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—
(A)that fact; and
(B)the date and time that the individual was taken into custody; and
(ix)if the individual escaped from custody, that fact;
(e)if the police officer exercised a power under section 112R of the Act at the premises, that fact.
(3)For the purposes of subregulation (1), the following particulars are set out for a request by a person with a legal or equitable interest in property that was broken open, unlocked, damaged or destroyed during the execution of the warrant—
(a)a description of the property;
(b)a description of any damage done to the property.
(4)For the purposes of subregulation (1), the following particulars are set out for a request by any person referred to in section 112ZZD(2) of the Act, in addition to any particulars set out in subregulation (2) or (3) for a request by that person—
(a)the court reference number of the service search warrant;
(b)the date and time that the warrant was executed;
(c)if the police officer or person assisting did not comply with section 112ZO(1) of the Act, that fact;
(d)the date and time that the search was completed;
(e)if the police officer exercised a power under section 112Q of the Act at the premises, that fact;
(f)if the police officer exercised a power under section 112S of the Act at the premises, that fact;
(g)the date and time that the police officer and any person assisting the police officer left the premises.".
7New regulations 28A and 28B inserted
After regulation 28 of the Principal Regulations insert—
"28A Information to be included in annual report of the IBAC
For the purposes of section 172(2)(c) of the Act, the prescribed particulars are each of the following matters that were reviewed by the IBAC during the period to which the report relates—
(a)a decision to make a service direction determination;
(b)a direction given to an individual under section 112ZC(1) of the Act;
(c)the detention of an individual under section 112ZD of the Act;
(d)the transfer of an individual to a police station or other safe place under section 112ZE(1) of the Act;
(e)an application for a service search warrant;
(f)the execution of a service search warrant;
(g)the service of a firearm prohibition order on a person in detention;
(h)the exercise of any other power or the performance of any other duty or function under Part 4A or 10A of the Act by the Chief Commissioner, a police officer or a person assisting a police officer.
28BChief Commissioner report on Part 4A matters
For the purposes of section 174E(3)(j) of the Act, the other prescribed information is the following—
(a)the FPO reference number for each firearm prohibition order to which information set out in section 174E(1) of the Act relates;
(b)the number of applications for a firearm prohibition order that were made in the period;
(c)for each firearm prohibition order that was served in the period—
(i)the date the order was served; and
(ii)the expiry date of the order;
(d)any other information that the Chief Commissioner considers appropriate.
Note
The written report on matters in Part 4A of the Act may be provided to the IBAC by electronic communication in accordance with the ElectronicTransactions (Victoria) Act 2000.".
8New Schedule 5A inserted
After Schedule 5 to the Principal Regulations insert—
"Schedule 5A—Forms relating to firearm prohibition orders
FORM 1
Regulations 19B and 19C
SERVICE SEARCH WARRANT
Firearms Act 1996—section 112ZG
Court ref:
FPO reference number:
Name of individual:
[name of individual to whom firearm prohibition order applies]
Date of birth:
Premises that may be searched:
[set out full address or description of premises where search will be conducted for the individual]
This warrant is issued to:
[name, rank and no.]
of
[agency and address].
This warrant authorises a police officer together with any assistants the police officer considers necessary:
oto break and enter the premises named or described in this warrant;
oto search the premises named or described in this warrant for the individual named in this warrant.
This warrant also authorises a police officer only:
oto detain the individual named in this warrant, using the force reasonably necessary to do so (including the force reasonably necessary to apprehend the individual to be detained), for the purposes of serving the firearm prohibition order that applies to the individual.
This warrant may be executed, on or before the date that it ceases to have effect:
oat any time and on any day of the week;
oduring the hours of [time] and [time] on any day of the week;
oat any time on [specify the day or days of the week on which the warrant may be executed];
oduring the hours of [time] and [time] on [specify the day or days of the week on which the warrant may be executed].
This warrant ceases to have effect at the end of the day on [insert the date of a day that is no later than 28 days after the issue of the warrant].
THIS WARRANT IS PART OF A
CIVIL PROHIBITION ORDER SCHEME
This warrant is a warrant to break and enter the premises named or described in the warrant for the purpose of searching for an individual to whom a firearm prohibition order applies and serving that order on the individual.
If the individual cannot be found on the premises, the police officer executing this warrant together with any assistants must leave the premises immediately after completing the search for the individual.
If the individual is found on the premises, the police officer executing this warrant must serve the firearm prohibition order as soon as practicable after finding the individual named in this warrant.
*Detention under warrant:
[For a warrant that confers authority on a police officer under section 112ZG(1)(c) of the Act, include the following 3 paragraphs—]
*The police officer executing this warrant may detain the individual named in this warrant for the purposes of serving the firearm prohibition order that applies to the individual.
*The police officer executing this warrant is authorised by section 112ZS of the Firearms Act 1996:
(a)to hold the individual in custody at the premises named or described in this warrant; or
(b)to transfer the individual to a police station or other safe place to be held in custody for the purpose of serving the firearm prohibition order, if the order cannot be safely served on the individual at the premises.
*AN INDIVIDUAL DETAINED UNDER THIS WARRANT MAY BE HELD IN CUSTODY UNTIL THE FIRST OF THE FOLLOWING—
(I)THE FIREARM PROHIBITION ORDER IS SERVED ON THE INDIVIDUAL;
(II)THE PERIOD OF 2 HOURS AFTER THE INDIVIDUAL IS DETAINED EXPIRES.
Subject to Division 5 of Part 4A of the Firearms Act 1996, the police officer executing this warrant together with any assistants must leave the premises named or described in this warrant immediately after—
(a)if the individual named in this warrant cannot be found on the premises, the search for the individual is completed; or
(b)if the individual named in this warrant is found on the premises—
[if this warrant does not authorise detention of the individual—]
*the firearm prohibition order is served.
[if this warrant authorises detention of the individual—]
*the firearm prohibition order is served or the individual is detained.
Division 5 of Part 4A of the Firearms Act 1996 authorises a police officer to conduct searches without warrant or consent in specified circumstances.
This warrant is subject to the following conditions:
[insert any conditions here]
Issued at: [time] *am/*pm on [date] at [place]
*Magistrate/*President: [name]
Signature:
*Delete if not applicable.".
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ENDNOTES
[1] Reg. 4: S.R. No. 114/2018 as amended by S.R. No. 58/2022.
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