Firearms Amendment Regulations (No. 3) 2011 (WA)
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POLICE
PO301*
Firearms Act 1973
Firearms Amendment Regulations (No. 3) 2011
Made by the Lieutenant-Governor and Administrator in Executive
Council.1. Citation
These regulations are the Firearms Amendment Regulations
(No. 3) 2011.2. 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 3BA inserted
After regulation 3A insert:
3BA. Alternative application procedure for certain
licences(1) In this regulation — application means an application made under this
regulation.(2) Subject to subregulations (3), (4) and (5), a person may
apply under this regulation (instead of under
regulation 3A) for a licence if —
(a)
the licence sought is a Firearm Licence, a Firearm Collector’s Licence or an Ammunition Collector’s Licence; and
(b)
the person previously held a licence (the previous licence) of that kind; and
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(c) the previous licence last expired under section 9A of the Act during the period beginning on 31 May 2008 and ending on 16 May 2011; and
(d) the person failed to renew the previous licence after it last expired; and (e) the Commissioner did not, during the period referred to in paragraph (c), serve the person with a notice under section 19A(2) of the Act in respect of that failure to renew; and
(f)
the previous licence has been expired for more than 12 months.
(3) An application for a Firearm Licence or Firearm
Collector’s Licence cannot be made in respect of a
firearm that, on the day on which the previous licence
last expired, was not named and identified in the
previous licence.(4)
An application for an Ammunition Collector’s Licence cannot be made in respect of a quantity of ammunition exceeding the quantity (if any) that, on the day on
which the previous licence last expired, was specified
in the previous licence.(5) An application cannot be made after 90 days after the
day on which the Firearms Amendment Regulations
(No. 3) 2011 regulation 4 comes into operation.(6) Regulation 7(1) and (3) do not apply to an application. (7)
An application must be sent by post, or delivered, to the Western Australia Police Licensing Enforcement Division, 297 Hay Street, East Perth, Western
Australia 6004. (8) An application must —
(a) be in the form of Form 2A; and (b) be accompanied by — (i) the fee in Schedule 1A item 1(a), 2(a) or 8(a) (as the case requires); and
(ii) if under regulation 7A(1b) the applicant is also to be taken to have applied for the issue of an Extract of Licence — the fee in Schedule 1A item 10.
(9) The Commissioner may refund all or part of a fee paid
under subregulation (8) if an application is
unsuccessful.(10) To avoid doubt, regulation 3A does not apply to an
application.
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5. Schedule 1 amended
After Schedule 1 Form 1 insert:
2A. Application for licence under r. 3BA Western Australia Application for licence under Firearms Act 1973 Firearms Regulations 1974 r. 3BA1 Section 1. Type of application and details of previous licence
1. What type of licence are you applying for? (Tick only one)
1. Firearm Licence
2. Firearm Collector’s Licence
3. Ammunition Collector’s Licence
2. Details of the Firearm Licence, Firearm Collector’s Licence or Ammunition Collector’s Licence you previously held under the Firearms Act 1973:
Previous licence number Date of last expiry If you are applying for a Firearm Licence or a Firearm Collector’s
Licence go to question 3.
If you are applying for an Ammunition Collector’s Licence go to
question 4.3. Attachment 1 lists the details of each firearm named and identified in your previous Firearm Licence or Firearm Collector’s Licence as at the date of its last expiry.2
Are you applying for a licence for each firearm listed in Attachment 1?
Yes
No Please specify below (by reference to the Serial No.) each
firearm listed in Attachment 1 for which you are not applying
for a licence in this application.
Section 2. Details of applicant
4. Your name
Family name All given names 5. Residential address
Unit number/Lot number/ Street Number Floor level
Street name Street type in full (e.g. Road, Avenue, Court)
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Suburb/Town/Locality State Postcode 6. Is the address above your permanent residential address?
Yes
No
7. Is your postal address the same as your residential address?
Yes Go to question 9.
No Complete your postal address below.
8. Postal address
Unit number/Lot number/ Street Number Floor level/PO Box/RMB/
Locked Bag
Street name Street type in full (e.g. Road,
Avenue, Court)
Suburb/Town/Locality State Postcode 9. Is the address above your permanent postal address?
Yes
No
10. Have you been known by any other name(s)?
Yes Please provide the other names that you have been known by
below.
No Go to question 11.
Family Name All given names Family Name All given names Family Name All given names 11. Date of birth
12. Contact details
Telephone
Home Work Mobile Email address
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Section 3. History of applicant
13. In the last 5 years have you been treated for any medical condition that
could affect your fitness to hold a licence under the Firearms Act 1973 or
regularly used prescription medication or other drugs?
Yes Please provide details below.
No Go to question 14.
14. Do you have any physical or mental condition that could affect your fitness to hold a licence under the Firearms Act 1973?
Yes Please provide details below.
No Go to question 15.
You must complete Sections 4 and 5 if your application includes the licensing of a firearm.
Section 4. Firearms included in application
15. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, is your reason for wanting to possess the
firearm the same reason you had for possessing the firearm when youfirst applied for your previous licence?
Yes Go to question 17.
No Go to question 16.
16. In respect of each firearm listed in Attachment 1 for which you are applying for a licence, what is your current reason for wanting to possess the firearm?
Club use You must provide a club support letter
confirming that you are a member of an
approved shooting club or association. Recreational/Hunt/Shoot You must provide evidence that you
have written permission from a
landowner to hunt or shoot on his or
her land. Occupational use — You must provide evidence confirming
Primary producer that you are the owner of land on which
the firearm will be used. Occupational use — You must provide evidence confirming Nominee of primary that you have permission of the producer primary producer to use the firearm on
land owned by the primary producer. Occupational use — Other You must provide an occupational
support document.
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Collector
In respect of each firearm listed in Attachment 1 for which you are applying for a licence, what is your current reason for wanting to possess the
firearm? Significant commemorative value
Significant historical value
Significant heirloom value
Significant thematic value
Please provide further details about your
selected reason in support of yourapplication below.
Is the firearm a handgun?
Yes Was the handgun manufactured
after 1946?
Yes Are you a student of
arms? Yes No
No Please provide further details
about the firearm below.
Other use Please provide details of the other use below. 17. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, is your need to possess the firearm the same
need you had in respect of the firearm when you first applied for yourprevious licence?
Yes Go to question 19.
No Go to question 18.
18. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, what is your current need for the firearm?
19. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, are you applying to be the sole licensee for the
firearm?
Yes Go to question 20.
No In respect of each firearm for which you will not be the sole
licensee, please select the option below that will describe you.
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Primary owner Please provide the name of the
co-user and licence number of the
co-user (if known).Family name
Given names
Licence number
Co-user
Please provide the name of the primary owner and the licence number of the primary owner (if
known). Family name
Given names
Licence number
Section 5. Storage arrangements for firearms included in application
20. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, are your storage arrangements for the firearm
the same storage arrangements you had when you first applied for yourprevious licence?
Yes Go to section 6.
No Go to question 21.
21. In respect of each firearm listed in Attachment 1 for which you are
applying for a licence, please provide details of your storage
arrangements for the firearm:
The address where my firearms are stored is —
my residential address
as set out below
Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road,
Avenue, Court)Suburb/Town/Locality
State Postcode
5 July 2011 GOVERNMENT GAZETTE, WA 2833 Section 6. Statutory declaration by applicant
I,
[name, address and occupation of person making the declaration]
sincerely declare that all of the information provided by me in this application
and in every attachment to it is true and correct.
This declaration is true and I know that it is an offence to make a declaration
knowing that it is false in a material particular.
This declaration is made under the Oaths, Affidavits and Statutory
Declarations Act 2005 at [place] on [date] by —
[Signature of person making the declaration]
in the presence of —
[Signature of authorised witness][Name of authorised witness and qualification as such a witness]
Attachment 1 — Firearms named and identified in previous Firearm
Licence or Firearm Collector’s Licence
(Attach to Form 2A for an application for Firearm Licence or FirearmCollector’s licence)
Firearm 1 details
Serial Nos. Primary Secondary Manufacturer and
modelAction type Calibre Notes to Form 2A —
1. If there is not enough space for any details required, put the details on a separate piece of paper and attach it to this form.
2. You cannot make an application under r. 3BA in respect of a firearm that is not listed in Attachment 1.
By Command of the Lieutenant-Governor and Administrator,
PETER CONRAN, Clerk of the Executive Council.
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