Firearms Amendment Regulations (No. 4) 2009 (WA)
!200900201GG!
WESTERN 4417 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 6 NOVEMBER 2009 No. 201 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA
Firearms Act 1973
Firearms Amendment Regulations (No. 4) 2009
Made by the Governor in Executive Council.
1. Citation
These regulations are the Firearms Amendment Regulations
(No. 4) 2009.
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 12 November 2009.
3. Regulations amended
These regulations amend the Firearms Regulations 1974.
4. Regulation 2 amended
In regulation 2 insert in alphabetical order:
current firearm serviceability certificate means a
firearm serviceability certificate provided under
regulation 25A(2) that is current;
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firearms safety test means a written test, approved by
the Commissioner, about the Firearms Act 1973 and
firearm safety;
5. Regulation 3A amended
After regulation 3A(1) insert:
(2A) The Commissioner may refund part or all of a fee paid
under subregulation (1)(b) if the application is
unsuccessful.6. Regulation 3B amended
In regulation 3B(4) delete “the firearm for inspection.” and
insert:a current firearm serviceability certificate for the firearm.
7. Regulation 7 amended
(1) Delete regulation 7(1) and insert:
(1) An application for a licence is to be lodged by the
applicant in person at —
(a)
an Australia Post Office in Western Australia; or
(b)
the General Post Office in the capital city of any other State or a Territory; or
(c) a place approved by the Commissioner.
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(2) Delete regulation 7(3) to (7) and insert:
(3) An application for a licence is to be accompanied by —
(a)
a current firearm serviceability certificate for the firearm in respect of which the application is made; and
(b)
evidence, in a manner approved by the Commissioner, of the applicant’s identity; and
(c)
evidence in the form of Form 2 that the applicant has passed a firearms safety test conducted by the holder of a Dealer’s Licence or an officer of an approved shooting club or other approved organisation.
(4) After receiving an application the Commissioner may,
in writing, direct the applicant to arrange for the
firearm to which the application relates to be produced
for inspection at a police station specified in the
direction.(5) Where the application is for an addition to a licence
subregulation (3)(c) does not apply.
(3) In regulation 7(9) delete “his age or any other” and insert: any 8. Regulation 7B amended
In regulation 7B delete “licence,”.
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9. Regulation 9 replaced
Delete regulation 9 and insert:
9. Notification of certain events
(1) A holder of a licence, permit or approval must give the
Commissioner written notice of any of the following
events —
(a) a change of the holder’s name; (b) a change in the holder’s place of residence; (c)
a change in the storage arrangements for a firearm to which the licence, permit or approval relates.
(2) The notice referred to in subregulation (1) must be given no later than 21 days after the event occurs.
10. Regulation 18 amended
In regulation 18(1)(a) delete “abode” and insert:
place of residence
11. Regulation 20 replaced
Delete regulation 20 and insert:
20. Limits on premises identified in certain licences
(1) In this regulation — licence means — (a) a Dealer’s Licence; or
(b) a Repairer’s Licence; or
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(c) a Manufacturer’s Licence.
(2) Except as provided in subregulation (3), a licence must
identify only one premises as premises to which the
licence relates.(3) A Repairer’s Licence or a Manufacturer’s Licence
issued to a person who is a member of the Police Force
or an employee of the Department in connection with
the performance of the person’s duties must identify
one or more premises as premises to which the licence
relates.12. Regulation 25A inserted
After regulation 24 insert:
25A. Firearm serviceability certificates
(1) In this regulation — authorised person means —
(a) the holder of a Dealer’s Licence; or (b) the holder of a Repairer’s Licence; or (c) the holder of a Manufacturer’s Licence; or (d)
an officer of an approved shooting club or other approved organisation; or
(e) a member of the Police Force;
firearm serviceability certificate, in relation to a
firearm, means a certificate in the form of Form 3.
(2)
An authorised person, having examined a firearm, may provide a firearm serviceability certificate in respect of the firearm.
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(3) A firearm serviceability certificate remains current for
a period of 3 months commencing on the date it is
provided.
13. Regulation 25 replaced
Delete regulation 25 and insert:
25. Delegations
In respect of a type of firearm set out in an item in the
Table, the Commissioner’s functions set out in that
item may be performed by an officer of the Police
Force set out in that item.Table
Item Type of Functions Officer who firearm may perform function
1. Firearm Grant a permit Any officer described in without Schedule 2 conditions 2. Firearm Issue a Firearm An officer described in Licence employed in the Schedule 2 without Department to conditions
carry out licensing functions in
respect of
firearms
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Item Type of Functions Officer who firearm may perform function
3. Firearm or Grant a permit Any officer ammunition or approval, or holding the rank other than a issue a licence, of senior firearm of without sergeant or category D conditions holding a
commissionGrant a permit under the Police or approval, or Act 1892 issue a licence, section 6 and with employed in the conditions Department to Refuse to grant carry out a permit or licensing approval, or functions in issue a licence respect of
firearms4. Firearm of Issue a licence Assistant Category D without Commissioner conditions of Police
responsible forIssue a licence licensing with functions in conditions respect of Refuse to issue firearms a licence
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14. Regulation 26 amended
(1) In regulation 26(1) delete “(2a)” and insert: (2a), (2BB) (2) After regulation 26(2BA) insert: (2BB) This regulation does not apply to the holder of a
Dealer’s Licence who is authorised by the
Commissioner to acquire the firearm for the purpose of
selling it —
(a) to a person referred to in subregulation (2); or (b) to the holder of a licence for the firearm.
(3) After regulation 26(3) in the Table after the seventh item insert: a “forward venting” blank firing imitation firearm
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15. Schedule 1 amended
(1) In Schedule 1 delete Forms 1 to 5 and insert: 1. Application for licence
Western Australia Application for licence Firearms Act 1973 Section 1. Type of application 1. What type of licence are you applying for?
1. Firearms 2. Collectors1 3. Corporate1 4. Dealers
5. Repairers 6. Manufacturers 7. Ammunition Collector
Note 1: A person authorised as an agent by a business or company applying for a
licence should complete Sections 2 and 3 as if that person was the applicant.2. Is this application for an original or additional licence?
Original As part of your application you must provide your original firearms awareness certificate.
Additional
Section 2. Details of applicant
3. Your name
Family name All given names 4. Residential address
Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue, Court)
Suburb/Town/Locality State Postcode
4426 GOVERNMENT GAZETTE, WA 6 November 2009 Firearms Amendment Regulations (No. 4) 2009
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Yes
No You cannot proceed with this application. Please contact Police
Licensing Services on 1300 171 011.6. Is your postal address the same as your residential address?
Yes Go to question 8. No Complete your postal address below. 7. Postal address
Unit number/Lot number/Floor level/ Street Number PO Box/RMB/Locked Bag
Street name Street type in full (e.g. Road, Avenue,
Court)
Suburb/Town/Locality State Postcode 8. Is the address above your permanent postal address?
Yes
No You cannot proceed with this application. Please contact Police
Licensing Services on 1300 171 011.9. 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 10.
Family Name All given names Family Name All given names Family Name All given names
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10. Have you lived at any other address during the last 2 years?
Yes Complete details of each address below.
No Go to question 11. Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue,
Court)Suburb/Town/Locality
State Postcode Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue, Court) Suburb/Town/Locality
State Postcode
11. Details of birth
Place of birth (Suburb/Town/Locality)
Country of birth
Date of birth
NOTE: If you are under 18 years of age you may not apply for a licence.
12. Have you ever lived outside WA?
Yes Please provide details of where and when below. No Go to question 13.
4428 GOVERNMENT GAZETTE, WA 6 November 2009 Firearms Amendment Regulations (No. 4) 2009
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Male Female 14. Do you have a WA Driver’s Licence? Yes Licence number
No Go to question 15.
15. Contact details
Telephone
Home Work Mobile Email address
Section 3. History of applicant
16. In the last 5 years have you been treated for any medical condition that could effect your fitness to hold a firearms licence or regularly used prescription medication or other drugs?
Yes Please provide details below.
No Go to question 17. 17. Do you have any physical or mental condition that could effect your fitness to hold a firearms licence?
Yes Please provide details below.
No Go to question 18.
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18. Do you have a current firearms licence under the WA Firearms Act 1973?
Yes Firearms licence number Expiry date No Go to question 19.
19. Have you previously held a firearms licence under the WA Firearms Act 1973?
Yes Firearms licence number Last year held (If not known indicate ‘unknown’.) No Go to question 20. 20. Have you ever had a firearms licence or application refused or cancelled or been disqualified from holding a firearms licence?
Yes Please provide details including where, when and why below. No Go to question 21.
21. Have you ever been convicted of an offence in Australia or overseas?
Yes Please provide details of all charges, including locations, below. No Go to question 22. 22. Have you ever been found guilty of an offence without a conviction being recorded in Australia or overseas?
Yes Please provide details of all charges, including locations, below. No Go to question 23.
4430 GOVERNMENT GAZETTE, WA 6 November 2009 Firearms Amendment Regulations (No. 4) 2009
r. 15 23. Do you have any outstanding charges against you in Australia or overseas? Yes Please provide details of all charges, including locations, below.
No Go to question 24. 24. Are you currently or have you ever been bound by a Violence Restraining Order (WA) or equivalent order in Australia or overseas?
Yes Please provide details, including locations, below.
No Go to question 25.
25. Are you applying for a licence as a business or company?
Yes Please provide the name of the business or company below and an
agents nomination form confirming that you have the authority to make
the application on behalf of the business or company. No Business or company name
You will be contacted by WA Police to provide additional information about
your business or company.
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Declaration of applicant
I certify that all of the information in this application and in every attachment to it is true and correct. I know it is an offence to provide incorrect or misleading information.
Disclaimer and privacy notice — Australia Post is acting as an agent for the Government of Western Australia and collects your information to identify you in accordance with requirements under Australian law. Your details will be forwarded to the Government of Western Australia and may also be disclosed to government agencies such as Centrelink. Subject to certain exceptions you may request access to your personal information. If access is denied, the law says we must tell you why.
DO NOT SIGN UNTIL YOU LODGE THIS FORM AT AUSTRALIA POST.
Your signature must be witnessed by the Australia Post verifier.Applicant’s signature
Date
Australia Post use only
I confirm that I have sighted original documentation that verifies the applicant’s identity and that the applicant has provided the required documents.
Verifier’s name
Verifier’s signature
Date
Work Centre Code
Comments
4432 GOVERNMENT GAZETTE, WA 6 November 2009 Firearms Amendment Regulations (No. 4) 2009
r. 15 You must complete Sections 5 and 6 if your application includes the licensing of a firearm.
Section 5. Firearms included in application
26. How many firearms are you applying to licence in this application?
Please attach a firearm serviceability certificate for each firearm to which this
application relates.
If you are applying to licence 1 to 5 firearms in this application complete
questions 27 to 34 for each firearm.If you are applying to licence more than 5 firearms in this application complete questions 27 to 34 for 5 of the firearms. WA Police will contact you regarding the other firearms.
27. What category of firearm are you applying to licence in this application? (The category can be found on the firearm serviceability certificate.)
A or B You cannot use this application to apply for firearms in any category
other than A or B. A separate application should be completed for
firearms in categories other than A or B.
C You cannot use this application to apply for firearms in any category
other than C. A separate application should be completed for firearms
in categories other than C. E You cannot use this application to apply for firearms in any category
other than E. A separate application should be completed for firearms
in categories other than E. H You cannot use this application to apply for firearms in any category
other than H. A separate application should be completed for firearms
in categories other than H.
28. What is the firearm serviceability certificate number for the firearm?
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29. What is the most relevant reason for applying for a licence for this 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 that you are Primary producer the owner of land on which the firearm will be
used. Occupational use — You must provide evidence confirming that you Nominee of primary have permission of the primary producer to use the producer firearm on land owned by the primary producer. Occupational use — You must provide an occupational support Other document.
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Collector What is the reason for applying for a licence for
this firearm? Significant commemorative value Significant historical value Significant heirloom value Significant thematic value Please provide further details about your selected reason in support of your application 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.
30. What is your need for this firearm?
Please provide information relating to your need for this particular firearm below.
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31. Are you applying to be the sole licensee for this firearm?
Yes Go to question 32. No Please select the option below that describes you.
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
Club armourer Please provide the name of the club or
association for which you are the armourer.
You must provide a club support letter that
nominates you as the club armourer.
Name of club or association
4436 GOVERNMENT GAZETTE, WA 6 November 2009 Firearms Amendment Regulations (No. 4) 2009
r. 15 32. How do you intend to obtain this firearm?
Purchase from dealer
Private sale
Co-use with owner
Transferred ownership
Club owned
33. Is this firearm currently licensed in WA?
Yes Please provide the current licence number. No Please indicate which of the following best describes this firearm. Imported from outside Australia Interstate transfer Currently unlicensed
Other Please provide details below.
Section 6. Storage arrangements for this firearm
34. Is this application for an original licence?
Yes If your application is successful you will be asked to provide a statutory
declaration relating to your storage arrangements for the firearm. No
Are your storage arrangements sufficient to store the firearms and ammunition for which you already have a licence and this firearm?
Yes Please complete the details of storage arrangements below.
No You cannot proceed with this application. Please
contact Police Licensing Services on 1300 171 011.
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Details of storage arrangements for current firearms
My storage arrangements comply with the Firearms Act 1973 and the Firearms
Regulations 1974. I have the following —
A lockable cabinet or container that meets the minimum specification set
out in the Firearms Regulations 1974 Schedule 4. Other storage facilities described below.
The address where my licensed 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
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2. Firearm awareness certificate
Western Australia Firearm awareness certificate Firearms Act 1973 Section 1. Details of person to whom certificate is issued
Family name All given names Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue,
Court)Suburb/Town/Locality
State Postcode Section 2. Details of assessor Family name All given names Name of association/club/dealer conducting the test
Address of association/club/dealer
Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue,
Court)Suburb/Town/Locality
State Postcode Licence number of association/club/dealer
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Assessor’s position in organisation
Certification
I certify that on ……./……../………. the person named in section 1 above successfully completed in my presence a firearm safety test in accordance with the requirements set out in the Firearms Act 1973 and the Firearms Regulations 1974.
Signature of assessor Date How many attempts were made to complete the test? 3. Firearm serviceability certificate
Western Australia Firearm serviceability certificate Firearms Act 1973 Certificate No. Firearm details Manufacturer Model Firearm type Firearm category Ammunition type Calibre Loading method Primary Serial No. Secondary Serial
No.Magazine type Magazine
capacityIs the firearm a Barrel length handgun (handguns only)
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Licensing details of firearm
1. Current owner of firearm
Family name All given names Unit number/Lot number/ Street Number Floor level
Street name Street type in full (e.g. Road, Avenue,
Court)
Suburb/Town/Locality State Postcode Dealer licence No. (if any)
2.
Is the firearm to be imported into WA? Yes/No 3.
Is this firearm currently licensed in WA? Yes/No If yes, please provide licence number below.
Details of person inspecting firearm
Family name All given names Unit number/Lot number/Floor level Street Number Street name Street type in full (e.g. Road, Avenue,
Court)Suburb/Town/Locality
State Postcode Licence number of association/club/dealer
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Declaration
I am —
a licensed firearm dealer
a licensed firearm manufacturer
a licensed firearm repairer
an authorised member of an approved club
a Police Officer
I certify that I have examined the firearm described above and confirm that (please mark each relevant box).
the details of the firearm are correctly described
the firearm is fitted with an effective trigger guard
the firearm is in complete condition without missing parts or components
the firearm has no visible flaws or defects that could effect its operation
the firearm is fitted with stocks/grips that are serviceable
the firearm has a trigger mechanism that does not operate when a force of one kg is
exerted on the mechanism
the firearm is fitted with an appropriate safety mechanism
Signature Date
(2) In Schedule 1 delete Form 22 and insert: 22. Storage statement (r. 11C)
Western Australia Storage statement (statutory Firearms Act 1973 declaration) Person making statutory declaration Name Surname Given names Occupation
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Date of birth
Home address
Postcode
Statutory declaration
I, the person described above, sincerely declare as follows —
To ensure that any firearm or ammunition in my possession is stored in accordance with the Firearms Regulations 1974 r. 11A, I have —
A lockable cabinet or container described below that at least meets the
specifications described in Schedule 4 of those regulations. A separate lockable metal container described below that is securely affixed to
the above cabinet or container, in which to store ammunition.Description of storage arrangements — Other storage facilities as follows — The storage facilities are located at —
Unit number/Lot number/ Street Number Floor level Street name Street type in full (e.g. Road, Avenue,
Court)Suburb/Town/Locality
State Postcode
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Proof of purchase/fitting of the storage facilities is attached. Photographs of the storage facilities including the anchor points of the cabinet or
container are attached.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 on 20 by —
Signature
in the presence of this authorised witness —
Witness’s signatureName
Qualification as authorised witness
16. Schedule 1A replaced
Delete Schedule 1A and insert:
Schedule 1A — Fees
[r. 2]
Item Fee for Fee ($) 1. Application for firearm licence (r. 3A, 3B) —
(a) by person without such a licence 153.00 (b) by person renewing such a licence 41.50
(c) by person with such a licence wanting licence
for one or more additional firearms 66.00
2. Application for firearm collector’s licence (r. 3A, 3B) —
(a) by person without such a licence 222.00
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Item Fee for Fee ($)
(b) by person renewing such a licence 41.50 (c) by person with such a licence wanting licence for one or more additional firearms 66.00 3. Application for corporate licence (r. 3A, 3B) —
(a) by person without such a licence 373.00 (b) by person renewing such a licence 104.00
(c) by person with such a licence wanting licence
for one or more additional firearms 66.00
4. Application for dealer’s licence (r. 3A, 3B) —
(a) by person without such a licence 373.00 (b) by person renewing such a licence 96.00 5. Application for repairer’s licence (r. 3A, 3B) —
(a) by person without such a licence 373.00 (b) by person renewing such a licence 73.00 6. Application for manufacturer’s licence (r. 3A, 3B) —
(a) by person without such a licence 373.00 (b) by person renewing such a licence 73.00 7. Application for shooting gallery licence (r. 3A, 3B) —
(a) by person without such a licence 242.00 (b) by person renewing such a licence 77.00 8. Application for ammunition collector’s licence (r. 3A, 3B) —
(a) by person without such a licence 227.00 (b) by person renewing such a licence 64.00 9. Application for permit under s. 17 of the Act, per
month or part of a month for which permit issued 53.00 10.
Extract of Licence (r. 7A) 19.00
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Item Fee for Fee ($) 11. Duplicate of licence (r. 8) 30.00 12. Replacement for an Extract of Licence (r. 8) 19.00 13. Police custody of firearm, per year or part of year (r. 11) 134.00 17. Schedule 3 amended
In Schedule 3 under the heading Restrictions for Category H in
subclause (4)(b) delete “Shot”.” and insert:Action”.
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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