Firearms Amendment Regulations 2025 (WA)
Western Australia
Firearms Act 2024
Western Australia
Firearms Act 2024
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation on the day on which the
These regulations amend the
(1) In regulation 3 insert in alphabetical order:
(2) In regulation 3 in the definition of
large calibre handgun delete paragraph (a) and insert:(a) has a calibre of more than 0.38 inches but not more than 0.45 inches; and
At the beginning of Part 3 Division 2 Subdivision 2 insert:
(1) In this regulation —
(a) each of the following terms has the meaning given in the
Land Administration Act 1997 section 3 —
Crown land diversification lease managed reserve management body pastoral lease (b) each of the following terms has the meaning given in the
Native Title Act 1993 (Commonwealth) section 253 —
registered native title body corporate registered native title claimant (2) For the purposes of paragraph (c) of the definition of
authorised person in section 39(1) of the Act, each of the following is an authorised person —(a) for land covered by a determination in relation to which information is contained in the National Native Title Register under the
Native Title Act 1993 (Commonwealth) section 193(2) —(i) the registered native title body corporate in relation to the determination; and
(ii) any person entitled to give permission on behalf of the registered native title body corporate for a person to engage in hunting on the land;
(b) for land covered by a claim for which information is contained in the Register of Native Title Claims under the
Native Title Act 1993 (Commonwealth) section 186(1) — the registered native title claimant in relation to the claim;(c) for land that is the subject of a diversification lease — the holder of the diversification lease;
(d) for land that is the subject of a pastoral lease —
(i) the holder of the pastoral lease; and
(ii) any person entitled to give permission on behalf of the holder of the pastoral lease for a person to engage in hunting on the land;
(e) for a managed reserve under the
Land Administration Act 1997 section 46 —(i) the management body; and
(ii) any person entitled to give permission on behalf of the management body for a person to engage in hunting on the land;
(f) for Crown land that is vested in a person under a written law other than the
Land Administration Act 1997 — that person;(g) for Crown land to which none of paragraphs (a) to (f) applies — the body corporate that is continued under the
Land Administration Act 1997 section 7.
6. Regulation 72 amended
After regulation 72(6) insert:
(6A) The licensee must not allow a young person who is at least 12 years of age but under 16 years of age to participate in a paintball game conducted at the licensed premises unless a parent of the young person —
(a) gives written consent to the young person’s participation; and
(b) remains at the licensed premises while the young person is participating in the game.
(6B) The licensee must not allow a young person who is at least 16 years of age but under 18 years of age to participate in a paintball game conducted at the licensed premises unless a parent of the young person gives written consent to the young person’s participation.
After regulation 73(6) insert:
(7) The authorised person must not allow a young person who is at least 12 years of age but under 16 years of age to participate in a paintball game supervised by the authorised person at the licensed premises unless a parent of the young person —
(a) gives written consent to the young person’s participation; and
(b) remains at the licensed premises while the young person is participating in the game.
(8) The authorised person must not allow a young person who is at least 16 years of age but under 18 years of age to participate in a paintball game supervised by the authorised person at the licensed premises unless a parent of the young person gives written consent to the young person’s participation.
In regulation 131 insert in alphabetical order:
Delete regulation 140 and insert:
(1) This regulation imposes, under sections 186(1)(b) and 187(1)(a) of the Act, conditions on a Club Licence that apply to the licensed firearm club.
(2) The licensed firearm club must comply with the competition requirement that applies to the club under regulation 141, subject to regulation 142.
(3) The licensed firearm club must not allow a young person who is at least 12 years of age but under 16 years of age to use a club firearm at a licensed firearm range unless a parent of the young person —
(a) gives written consent for the young person to use the firearm; and
(b) remains at the licensed firearm range while the young person is using the firearm.
(4) The licensed firearm club must not allow a young person who is at least 16 years of age but under 18 years of age to use a club firearm at a licensed firearm range unless a parent of the young person gives written consent for the young person to use the firearm.
(5) The licensed firearm club must ensure that each authorised person for the licence complies with the conditions imposed under regulation 140A.
(1) This regulation imposes, under sections 186(2) and 187(1)(a) of the Act, conditions on the approval of an authorised person for a Club Licence.
(2) The authorised person must not allow a young person who is at least 12 years of age but under 16 years of age to use a club firearm at a licensed firearm range unless a parent of the young person —
(a) gives written consent for the young person to use the firearm; and
(b) remains at the licensed firearm range while the young person is using the firearm.
(3) The authorised person must not allow a young person who is at least 16 years of age but under 18 years of age to use a club firearm at a licensed firearm range unless a parent of the young person gives written consent for the young person to use the firearm.
(1) Delete regulation 143(4)(b) and insert:
(b) must be made by the potential club member, unless the potential club member is under 18 years of age in which event it must be made by a parent of the potential club member; and
(2) Delete regulation 143(5) and insert:
(5) The potential club member, or a parent of the potential club member, commits an offence if the potential club member or parent makes a declaration under subregulation (3)(b) that they know is false or misleading in a material particular.
Penalty for this subregulation: a fine of $5 000.
After regulation 156(5) insert:
(6) The licensee must not allow a young person who is at least 12 years of age but under 16 years of age to use a firearm at the licensed firearm range unless a parent of the young person —
(a) gives written consent for the young person to use the firearm; and
(b) remains at the licensed firearm range while the young person is using the firearm.
(7) The licensee must not allow a young person who is at least 16 years of age but under 18 years of age to use a firearm at the licensed firearm range unless a parent of the young person gives written consent for the young person to use the firearm.
(8) The licensee must ensure that each authorised person for the licence complies with the conditions imposed under regulation 156A.
After regulation 156 insert:
(1) This regulation imposes, under sections 186(2) and 187(1)(a) of the Act, conditions on the approval of an authorised person for a Range Licence.
(2) The authorised person must not allow a young person who is at least 12 years of age but under 16 years of age to use a firearm at the licensed firearm range unless a parent of the young person —
(a) gives written consent for the young person to use the firearm; and
(b) remains at the licensed firearm range while the young person is using the firearm.
(3) The authorised person must not allow a young person who is at least 16 years of age but under 18 years of age to use a firearm at the licensed firearm range unless a parent of the young person gives written consent for the young person to use the firearm.
After regulation 157(3) insert:
(3A) Also, if the visitor is a young person, the required information includes the name and date of birth of the parent referred to in regulation 156(6) or (7).
In regulation 184(2)(a) delete “licensee under,” and insert:
holder of,
Delete regulation 211(3) and insert:
(3) The authority conferred by a Government Entity Licence for the possession of a firearm under subregulation (2) includes the use of the firearm.
(1) Delete regulation 241(3)(a) and insert:
(a) must be made by the unverified person, unless the unverified person is under 18 years of age in which event it must be made by a parent of the unverified person; and
(2) Delete regulation 241(6) and insert:
(6) An unverified person, or a parent of an unverified person, commits an offence if the unverified person or parent makes a declaration under this regulation that they know is false or misleading in a material particular.
Penalty for this subregulation: a fine of $5 000.
(1) Delete regulation 243(3)(a) and insert:
(a) must be made by the unverified person, unless the unverified person is under 18 years of age in which event it must be made by a parent of the unverified person; and
(2) Delete regulation 243(6) and insert:
(6) An unverified person, or a parent of an unverified person, commits an offence if the unverified person or parent makes a declaration under this regulation that they know is false or misleading in a material particular.
Penalty for this subregulation: a fine of $5 000.
After Part 8 Division 3 insert:
(1) A person may request, in the approved manner and approved form, that the Commissioner grant the person an exemption to enable the person to use a specified safe, or a safe of a specified type, instead of a Grade V safe for the purposes of this Part (including Schedules 5 and 6), and the Commissioner may grant the exemption.
Note for this subregulation:
See regulation 278B for the effect of the exemption.
(2) However, the Commissioner must not grant the exemption unless the Commissioner is satisfied that, as the case requires —
(a) the specified safe is equivalent to a Grade V safe; or
(b) all safes of the specified type are equivalent to a Grade V safe.
(3) The Commissioner may grant the exemption subject to conditions.
(4) Without limiting subregulation (3), the Commissioner may impose a condition under that subregulation that limits the exemption —
(a) to specified circumstances, a specified location, a specified time period or specified firearms or related things; or
(b) in any other way.
(5) If the Commissioner makes a decision under subregulation (1), the Commissioner must give the person a written notice setting out —
(a) the decision; and
(b) if the decision is to refuse to grant the exemption — the reasons for the decision; and
(c) if the decision is to grant the exemption subject to conditions under subregulation (3) — the conditions.
(1) If the Commissioner grants an exemption to a person under regulation 278A, this Part (including Schedules 5 and 6 but not this Division) applies in relation to the person as if a reference to a Grade V safe included, as the case requires —
(a) the specified safe; or
(b) any safe of the specified type.
(2) However, subregulation (1) applies —
(a) only if the person complies with any conditions to which the exemption is subject under regulation 278A(3); and
(b) without limiting paragraph (a), subject to any conditions that limit the exemption as referred to in regulation 278A(4).
19. Part 13 Divisions 4 and 5 inserted
At the end of Part 13 insert:
(1) In this Division —
(2) The Commissioner may replace the transitional authority number for a transitional authority with a new number which then becomes the transitional authority number for the transitional authority.
(3) If the Commissioner replaces a transitional authority number under subregulation (2), the Commissioner must notify the holder of the transitional authority as soon as practicable.
(1) In this regulation —
(a) that holds a transitional authority that replaces an approval of the club under the 1973 Act section 11A(2)(a); or
(b) that otherwise operates under the authority of a transitional authority.
(2) In sections 33 and 34 of the Act, a reference to a licensed firearm club includes a transitional shooting club.
(3) In section 329(2)(c) of the Act, the reference to a shooting club that holds a Club Licence includes a transitional shooting club.
(4) The requirement of regulation 20(2) can be met by way of a letter, in the approved form, that is from an authorised office bearer of a transitional shooting club and that complies with subregulation (5).
(5) The letter must —
(a) state the name of the transitional shooting club; and
(b) state any transitional authority number for the transitional authority —
(i) that is held by the transitional shooting club; or
(ii) under the authority of which the transitional shooting club otherwise operates;
and
(c) state the name and contact details of the authorised office bearer; and
(d) confirm that the applicant is a member of the transitional shooting club; and
(e) confirm that the transitional shooting club arranges for members to participate in shooting competitions in a shooting discipline relevant to the firearm to which the application relates.
(6) Regulation 20(3) applies for the purposes of subregulations (4) and (5) as if a reference to the licensed firearm club were to the transitional shooting club.
(7) For the purposes of regulation 20(5), a letter from a transitional shooting club in accordance with subregulations (4) and (5) counts as a letter from a licensed firearm club.
(8) In regulations 21(2), 22(3)(b)(i) and 215(2)(a)(i), a reference to a licensed firearm club includes a transitional shooting club.
(9) For the purposes of regulation 24(3) and (6)(a)(ii) and (b)(ii), the following count as membership of a handgun club —
(a) membership before commencement day of either of the following if, at the time of membership, the shooting club arranged for members to participate in shooting competitions in a shooting discipline in which handguns are used —
(i) a shooting club approved under the 1973 Act section 11A(2)(a);
(ii) a shooting club that was otherwise operating under the authority of a 1973 Act authority;
(b) membership on or after commencement day of a transitional shooting club if, at the time of membership, the transitional shooting club arranged for members to participate in shooting competitions in a shooting discipline in which handguns are used.
(10) In regulation 26(4)(a)(i), the reference to a registered shooting competition includes a shooting competition conducted by a transitional shooting club if —
(a) the shooting competition is held at a licensed firearm range or transitional firearm range; and
(b) before the shooting competition is held, the transitional shooting club registers it with the Commissioner in the approved manner and approved form.
(11) In regulation 143(1)(c)(ii), if the potential club member holds a transitional authority, the reference to the authority number includes the transitional authority number for the transitional authority.
(12) In regulation 143(2)(c), if the person giving the character reference holds a transitional authority, the reference to the authority number includes the transitional authority number for the transitional authority.
(13) In regulation 145(2)(a), if the participant holds a transitional authority, a reference to the authority number includes the transitional authority number for the transitional authority.
(14) In regulation 148(1)(b)(ii), if the member holds a transitional authority, the reference to the authority number includes the transitional authority number for the transitional authority.
(1) In this regulation —
(2) In sections 33, 49(3), 74(1)(b) and (c), 110(1) and 329(2)(b) of the Act, a reference to a licensed firearm range includes a transitional firearm range.
(3) A licence that authorises the use of a firearm at a transitional firearm range by virtue of subregulation (2) authorises that use only with the permission of the person who holds the transitional firearm range authority in respect of the transitional firearm range.
Note for this subregulation:
This subregulation is based on section 81(1) of the Act.
(4) In regulations 52(8)(c)(ii), 57(b) and (c), 97(4), 105(3), 133(3)(a), 139(1), 140(3) and (4), 140A(2) and (3), 141(2)(a)(ii), 209(4)(e), 210(2), 215(2)(a)(i), 248(1) and (2) and 249(1) and (2), a reference to a licensed firearm range includes a transitional firearm range.
(5) In regulation 57(c), the reference to section 81 of the Act includes subregulation (3) of this regulation.
(6) In regulation 132(1)(d) and (2)(a), a reference to a licensee under a Range Licence includes a holder of a transitional firearm range authority.
(7) In regulation 157(3)(a), if the visitor holds a transitional authority, a reference to the authority number includes the transitional authority number for the transitional authority.
(1) In sections 42(1) and 329(2)(e) of the Act, a reference to a Paintball Business Licence includes a transitional authority.
(2) The requirement of regulation 42(1) can be met by way of a letter, in the approved form, that is from the holder of a transitional authority and that complies with subregulation (3).
(3) The letter must —
(a) state the name of the holder of the transitional authority; and
(b) state the transitional authority number for the transitional authority; and
(c) confirm that the applicant has participated in at least 3 paintball games conducted under the authority of the transitional authority within the last 6 months.
(4) In regulation 43(3), the reference to licensed premises for a Paintball Business Licence includes any premises at which the conduct of paintball games is authorised under a transitional authority.
(5) In regulation 71(1)(b) —
(a) a reference to a Paintball Licence includes a transitional authority; and
(b) in relation to a transitional authority, the reference to its authority number is to its transitional authority number.
(6) If the licensee under a Paintball Business Licence holds a transitional authority, neither regulation 72(2) nor regulation 73(2) prevents the conduct of paintball games under the authority of the transitional authority at premises at which the conduct of paintball games is authorised under the transitional authority.
(7) In regulation 73(4), the reference to a Paintball Licence includes a transitional authority.
(8) In regulation 215(2)(a)(ii), the reference to a Paintball Business Licence includes a transitional authority.
(1) For the purposes of regulation 118(2), membership before commencement day of an accredited society of collectors under the 1973 Act section 15A counts as membership of an approved society of firearm collectors.
(2) In regulation 128(1)(c)(ii), the reference to the authority number of any licence or permit includes the transitional authority number for any transitional authority.
(3) In regulation 130(1)(b)(ii), if the member holds a transitional authority, the reference to the authority number includes the transitional authority number for the transitional authority.
(1) In this regulation —
(a) a Dealer’s Licence under the 1973 Act section 16F; or
(b) a Repairer’s Licence under the 1973 Act section 16G; or
(c) a Manufacturer’s Licence under the 1973 Act section 16H;
(2) Section 329 of the Act applies as if the definition of
firearm trade premises in subsection (1) included any premises that are the transitional trade premises for a transitional trade authority.(3) In regulation 172(3), a reference to a Trade Licence includes a transitional trade authority.
(4) In regulations 174(3)(d)(ii), 181(3)(a) and 183(3)(a) —
(a) a reference to a licence or permit includes a transitional authority; and
(b) in relation to a transitional authority, a reference to its authority number is to its transitional authority number.
(5) A transitional authority, other than a transitional trade authority, is a non‑Trade authority for the purposes of regulation 184.
In regulations 245(2)(d) and 246(1)(c), if the trainee holds a transitional authority, the reference to the authority number includes the transitional authority number for the transitional authority.
(1) In regulation 294(1), the 2
nd reference to a licence or permit includes a transitional authority.(2) In regulation 297(e) —
(a) a reference to a licence or permit includes a transitional authority; and
(b) in relation to a transitional authority, the reference to its authority number is to its transitional authority number.
In regulations 287(b)(ii) and 290(b)(ii), if the person holds a transitional authority for, or in relation to, the firearm or related thing, the reference to the authority number includes the transitional authority number for the transitional authority.
(1) In sections 212(1), 219(1), 222(1), 226(1), 229(1), 232(1), 235(1), 238(1), 241, 242, 243, 244, 245(1), 246(1), 247(1), 248(1), 252, 253, 254(1), 255(1), 260(1), 261(1), 285(a), 286(a) and 287(a) of the Act, a reference to a licence or permit includes a transitional authority and a 1973 Act exemption.
(2) In regulations 257(b) and (c)(ii) and 258(b) —
(a) a reference to an authorised net cannon user includes a person who is authorised under a transitional authority, or a 1973 Act exemption, to possess a net cannon (as defined in regulation 256); and
(b) a reference to a licence or permit includes a transitional authority and a 1973 Act exemption.
(3) In regulations 257(c), 258(c) and 259(b), a reference to a licensee under a Trade Licence includes the holder of a transitional trade authority and any other person acting under the authority of the transitional trade authority.
Notes for this regulation:
1. See section 413 of the Act for the authority conferred by a transitional authority on and from commencement day. This regulation does not limit that authority.
2. See section 421(2) of the Act for the authority conferred by a 1973 Act exemption for the period of 12 months starting on commencement day (subject to regulation 324). This regulation does not limit that authority.
(1) In this regulation —
(2) Section 362 of the Act applies with the following modifications —
(a) as if the definition of
licensed firearm premises in subsection (1) included the following —(i) business premises of the holder of a transitional corporate authority;
(ii) premises of a transitional shooting club;
(iii) premises of a transitional firearm range;
(iv) premises that are the transitional trade premises for a transitional trade authority;
(b) as if, in subsection (2)(b) and (d), a reference to the Act included the 1973 Act, or any provision of the 1973 Act, as it continues to apply on or after commencement day under Part 16 of the Act, this Part or the
Interpretation Act 1984 section 37;(c) as if, in subsection (2)(d), the reference to a licence included a transitional authority.
(1) This regulation limits, under section 421(3) of the Act, the operation of section 421(2) of the Act.
(2) Section 421(2) of the Act does not confer any authority on a person who is a prohibited person or disqualified person.
The reference in section 417(1) of the Act to the provisions of the Act that require or authorise the cancellation or suspension of a firearm authority includes a reference to section 326(1) of the Act.
(1) In this regulation —
(a) the 1973 Act section 30(3);
(b) the 1973 Act section 31(2);
(c) the
Firearms Regulations 1974 regulation 17;(d) the
Firearms Regulations 1974 regulation 18;(e) the
Firearms Regulations 1974 regulation 19;(f) the
Firearms Regulations 1974 regulation 19A.(2) On and after commencement day, a former records provision continues to apply in relation to transactions or other events that occurred, or other matters that arose, before commencement day as if the 1973 Act and the
Firearms Regulations 1974 were still in force.(3) For the purposes of subregulation (2), a person who holds a 1973 Act authority that ceases to have effect under section 425 of the Act is taken to continue to hold the 1973 Act authority while the holder of —
(a) a transitional authority that replaces the 1973 Act authority; or
(b) a firearm authority that replaces that transitional authority.
(4) The
Firearms Regulations 1974 regulations 18(1)(c) and 19(3), as they continue to apply under subregulation (2), do not apply in relation to a calendar month that begins on or after commencement day.(5) A person commits an offence if the person fails to comply with a former records provision as it continues to apply under subregulation (2).
Penalty for this subregulation: a fine of the lesser of the following —
(a) $5 000;
(b) the maximum fine under the 1973 Act (including the
Firearms Regulations 1974 ) that would have applied in respect of the failure to comply had the failure occurred on the day before commencement day.(6) A person commits an offence if the person compiles, maintains, furnishes or produces a record under the 1973 Act section 31(2), as it continues to apply under subregulation (2), knowing that the record is incorrect or misleading.
Penalty for this subregulation: a fine of $4 000.
Note for this subregulation:
This subregulation is based on the 1973 Act section 31(2a).
In Schedule 3 in categories A and B delete “that has a magazine capacity of not more than 10 rounds and”.
K. COLLERAN, Clerk of the Executive Council
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