Firearms (Further Amendment) Act 2005 (Vic)
Firearms (Further Amendment) Act 2005
Act No. 78/2005
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of the Firearms Act 1996
3.Definitions
4.Offence to possess, carry or use paintball marker without a licence
5.Offence to possess, carry or use an unregistered paintball
marker6.Offences for certain types of handguns
7.Issue of longarm licences for paintball markers
8.Reasons for applying for longarm licence, category A or B
9.New section 13A inserted
13A.Reasons for applying for paintball marker licence
10.Conditions applying to longarm licences
11.Issue of handgun licences
12.Participation condition—general category handgun licence
13.Insertion of new section 16AA
16AA.Power of Chief Commissioner to modify
participation condition
14.General discretion of Chief Commissioner to refuse a
longarm licence15.Repeal of participation condition for junior licences
16.Category 1 firearms collectors licences
17.New section 21B inserted
21B.Issue of antique handgun collectors licences
18.Conditions applying to antique handgun collectors licences
19.Application for licence
20.Information which is required for an application for a
licence21.Offence not to comply with licence conditions
22.Application for renewal of licence
23.Insertion of new section 41A
41A.Continuation of licence during consideration of application for renewal
24.Insertion of new section 43A
43A.Variation of licence for failure to comply with participation condition
25.Insertion of Division heading
26.Disposal of surrendered or seized handguns
27.Amendment of Division heading
28.Exemptions from Part 2
29.Insertion of new section 54A
54A.Exemptions from certain licence conditions
30.Permits to display firearms or ammunition collections
31.Permits to possess, carry or use silencers or prescribed items
32.Permits to carry or use firearms held under a collectors
licence33.Substitution of section 58A
58A.Provisional general category handgun licences
34.Offence to carry on business of dealing in firearms
35.Application for dealers licence
36.Information in application by natural person
37.Information in application by body corporate
38.Renewal of dealers licences
39.Acquisition of paintball markers
40.Disposal of paintball markers
41.Acquisition of paintball markers from outside the State
42.Disposal of paintball markers outside the State
43.Offence to acquire a paintball marker without a permit
44.Permits to acquire
45.Application for permit to acquire
46.Record keeping requirements of clubs
47.Reports of clubs
48.Requirements as to club members
49.Endorsement of applications for permits to acquire
50.Requirements as to collector members of collector's clubs
51.Requirement to nominate officers
52.Use of firearm by person other than possessor
53.Offence to own a firearm without a licence to possess
54.Forfeited firearms
55.Application for duplicate licence
56.Power of Chief Commissioner to make approvals
57.Insertion of new section 179A
179A.Approved handgun target shooting matches
58.Disclosure of information
59.Notice of cancellation of provisional general category
handgun licence60.Indictable offence
61.Amendment of Schedule 2, special conditions on licences
62.Amendment of Schedule 3, exemptions
63.Amendment of Schedule 4
Part 3—Particular provisions for Handgun Security Guard Licences
64.Handgun security guard licences—over calibre weapons
65.New section 57A inserted
57A.Permit for holder of handgun security guard licence
to possess, carry or use restricted ammunition
66.Insertion of new section 210
210.Transitional provision—handgun security guard
licence
Part 4—Amendment of the Control of Weapons Act 1990
67.Exemptions from prohibited weapons and body armour
Part 5—Amendment of the Magistrates' Court
Act 1989
68.Amendment of Schedule 4 to the Magistrates' Court
Act 1989
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Endnotes
Firearms (Further Amendment) Act 2005
[Assented to 22 November 2005]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to amend the Firearms Act 1996 to make further provision in relation to firearms collectors, handguns, paintball gaming and other matters; and
(b)to amend the Control of Weapons Act 1990; and
(c)to amend the Magistrates' Court Act 1989.
2.Commencement
(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Sections 64 and 65 come into operation on 1 July 2008.
(3)Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision referred to in sub-section (3) does not come into operation before 1 October 2006, it comes into operation on that day.
__________________
Part 2—Amendment of the Firearms Act 1996
3.Definitions
(1)In section 3(1) of the Firearms Act 1996—
(a)insert the following definitions—
' "antique handgun" means a handgun that was manufactured before 1 January 1900 that uses percussion as a means of ignition;
"antique handgun collectors licence" means a licence issued under section 21B;
"black powder handgun" means a handgun that—
(a)uses black powder to propel a projectile; and
(b)is not capable of being loaded with or discharging breech-loaded metallic cartridges;
"handgun security guard licence" means a handgun licence issued under section 15(1)(a) for the occupation of security guard;
"handgun target shoot" means a handgun target shoot that complies with section 16(8);
"handgun target shooting licence" means a handgun licence issued under section 15(1)(b) for target shooting;
"junior handgun target shooting licence" means a junior licence issued for the purposes of receiving instruction in the use of handguns or engaging in sport or target shooting competitions;
"paintball" means a projectile that primarily consists of a dye or similar substance designed to mark a person or object;
"paintball marker" means a firearm that is designed to discharge a paintball;
"paintball marker licence" means a licence issued under section 9(6);
"percussion" means a means of ignition in a firearm in which metallic chemical compounds or fulminates are used to ignite the main powder charge;
"provisional general category handgun licence" means a provisional licence issued under section 58A;
"restricted ammunition", in relation to a handgun, means any ammunition for use in the handgun that—
(a)is not factory manufactured; or
(b)is not recommended by the manufacturer of the handgun as being appropriate for that handgun; or
(c)is a magnum load or a full metal case projectile;
"single shot antique handgun" means an antique handgun that is a black powder handgun that is capable of firing one shot only before requiring reloading;';
(b)for the definition of "approved handgun target shooting match" substitute—
' "approved handgun target shooting match" means a competitive target shooting match that is approved by the Chief Commissioner that is organised by an approved handgun target shooting club and that takes place at an approved shooting range;';
(c)in the definition of "airgun" omit "and paintball gun";
(d)in the definition of "firearms collectors licence", for "section 21 or section 21A;" substitute "section 21, 21A or 21B;".
(2)In section 3(4)(b) of the Firearms Act 1996, after "as a means of ignition" insert "(other than a single shot antique handgun)".
4.Offence to possess, carry or use paintball marker without a licence
After section 6(5) of the Firearms Act 1996 insert—
"(5A)A non-prohibited person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence issued under this Part.
Penalty:120 penalty units or 2 years imprisonment.".
5.Offence to possess, carry or use an unregistered paintball marker
After section 6A(3) of the Firearms Act 1996 insert—
"(4)A non-prohibited person must not possess, carry or use a paintball marker that is not registered.
Penalty:For a first offence, 120 penalty units or 2 years imprisonment;
For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.".
6.Offences for certain types of handguns
(1)For the heading to section 7A of the Firearms Act 1996 substitute—
"Offences for certain types of handguns".
(2)In section 7A(1) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence".
(3)In section 7A(2) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence".
(4)In section 7A(3)(a) of the Firearms Act 1996, omit "a prescribed class of".
(5)In section 7A(4) of the Firearms Act 1996, for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence".
(6)In section 7A(5) of the Firearms Act 1996—
(a)in paragraph (a), omit "a prescribed class of";
(b)in paragraph (c), after "to which the applicant belongs" insert "or at which the applicant intends to use the handgun".
(7)For section 7A(6) of the Firearms Act 1996 substitute—
"(6)This section does not apply to a black powder handgun.
(7)This section does not apply to a person who is the holder of a handgun target shooting licence—
(a)who possesses, carries or uses a general category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, on an approved shooting range for the purpose of determining whether or not to purchase the handgun or apply for an authorisation under this section for the handgun; or
(b)who possesses, carries or uses a general category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, in an approved handgun target shooting match at an approved shooting range as the result of the malfunction of another handgun being used by that person in that match; or
(c)who possesses, carries or uses a general category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, for the purposes of instructing another person in the use of the handgun; or
(d)who possesses a general category handgun, that is of a class to which sub-section (1)(a), (b) or (c) applies, for the purposes of storing the handgun.".
7.Issue of longarm licences for paintball markers
After section 9(5) of the Firearms Act 1996 insert—
"(6)The Chief Commissioner may licence a person to possess, carry or use a registered paintball marker for the reason specified in the licence.".
8.Reasons for applying for longarm licence, category A or B
(1)For section 10(2)(a)(ii) of the Firearms Act 1996 substitute—
"(ii)the applicant must engage in sport or target shooting only at a place which is authorised by or under this Act as a place at which sport or target shooting using category A or B longarms may take place;".
(2)After section 10(2)(b)(i) of the Firearms Act 1996 insert—
"(ia)the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; or".
9.New section 13A inserted
After section 13 of the Firearms Act 1996 insert—
"13A.Reasons for applying for paintball marker licence
The Chief Commissioner must not issue a paintball marker licence unless the applicant can demonstrate that the licence is required for the purpose of engaging in activities that require the use of paintball markers at a location approved by the Chief Commissioner.".
10.Conditions applying to longarm licences
After section 14(4) of the Firearms Act 1996 insert—
"(5)A paintball marker licence is subject to—
(a)the general conditions specified in items 1, 2 and 3 of Schedule 1; and
(b)any other conditions imposed on the licence or category of licence by the Chief Commissioner.".
11.Issue of handgun licences
(1)In section 15(1)(c) of the Firearms Act 1996, for "regulations." substitute "regulations;".
(2)After section 15(1)(c) of the Firearms Act 1996 insert—
"(d)for possessing or carrying a general category handgun, for carriage and use by the holder of a junior handgun target shooting licence in accordance with the licence of that holder.".
(3)In section 15(2) of the Firearms Act 1996—
(a)in paragraph (c), for "purpose." substitute "purpose;";
(b)after paragraph (c) insert—
"(d)for the purpose specified in sub-section (1)(d), the applicant must demonstrate that the person who carries and uses the general category handgun is the holder of a junior licence.".
(4)After section 15(3) of the Firearms Act 1996 insert—
"(4)In issuing a handgun security guard licence under this section the Chief Commissioner—
(a)must not issue the licence for more than one general category handgun; and
(b)where the holder of the licence is employed as a security guard, must not issue the licence for a handgun that is not registered to the person who employs the holder as a security guard.".
12.Participation condition—general category handgun licence
(1)In section 16(2) of the Firearms Act 1996, for "If the holder of a general category handgun licence is authorised to possess, carry or use a general category handgun for the reason of target shooting" substitute "If a person is the holder of a handgun target shooting licence".
(2)In section 16(3) of the Firearms Act 1996—
(a)for paragraph (a) substitute—
"(a)a person is the holder of a handgun target shooting licence; and";
(b)in paragraph (c) and paragraph (d) omit "competitive".
(3)In section 16(5) of the Firearms Act 1996—
(a)for paragraph (a) substitute—
"(a)a person is the holder of a handgun target shooting licence; and";
(b)in paragraph (c), for "competitive approved handgun target shooting matches" substitute "handgun target shoots";
(c)in paragraphs (d)(i) and (d)(ii) omit "competitive".
(4)In section 16(8) of the Firearms Act 1996, omit "and section 19".
(5)After section 16(8) of the Firearms Act 1996 insert—
"(8A)If, in any calendar year, the holder of a handgun target shooting licence—
(a)holds the licence for less than the calendar year; or
(b)holds the licence in respect of a specified class of handguns for less than the calendar year—
the conditions applying to the licence under this section as to participation in approved handgun target shooting matches and handgun target shoots apply proportionately, based on whole calendar months, for that year, after rounding down to the nearest whole number of such matches and shoots.".
(6)After section 16(9) of the Firearms Act 1996 insert—
"(10)For the purposes of this section, an approved handgun target shooting match or a handgun target shoot that takes place on more than one day is to be taken to be, for each day on which the match or shoot takes place, a separate match or shoot.
(11)This section (other than sub-section (1)) does not apply to—
(a)the holder of a handgun target shooting licence, where that person does not possess a handgun under that licence; or
(b)a person, where that person possesses and carries a handgun under a licence issued under section 15(1)(d); or
(c)the holder of a handgun target shooting licence which is not a natural person.".
13.Insertion of new section 16AA
After section 16A of the Firearms Act 1996 insert—
"16AA.Power of Chief Commissioner to modify participation condition
(1)The Chief Commissioner may on application by the holder of a handgun target shooting licence, vary the number of approved target shooting matches or handgun target shoots that the holder is required to participate in under this Act, if the Chief Commissioner is satisfied that—
(a)the holder of the licence was unable to participate in such matches or shoots for reasons outside the holder's control; or
(b)the holder of the licence was unable to complete any such match or shoot that he or she was participating in—
(i)for reasons outside the holder's control; and
(ii)where the person officiating at the match or shoot reasonably believed that the holder of the licence endeavoured as best he or she could to complete his or her participation.
(2)An application under this section must be in the form approved by the Chief Commissioner.".
14.General discretion of Chief Commissioner to refuse a longarm licence
After section 17(c)(iii) of the Firearms Act 1996 insert—
"(iiia)in the case of an applicant for a paintball marker licence, that the applicant has satisfactorily completed a paintball safety course approved by the Chief Commissioner; and".
15.Repeal of participation condition for junior licences
Sections 19(2) and 19(3) of the Firearms Act 1996 are repealed.
16.Category 1 firearms collectors licences
In section 21(1)(b) of the Firearms Act 1996, for "before 1 January 1947" substitute "on or after 1 January 1900 but no later than 31 December 1946".
17.New section 21B inserted
After section 21A of the Firearms Act 1996 insert—
"21B.Issue of antique handgun collectors licences
(1)The Chief Commissioner may licence a person to possess or carry antique handguns for the purpose of collecting any such handguns.
(2)The Chief Commissioner must not issue a licence under sub-section (1) unless the applicant—
(a)is and has been, for at least 6 months, a member of an approved firearms collectors club that deals with the classes of firearms the person proposes to collect; and
(b)can demonstrate that the firearms collected will be of obvious and significant commemorative, historical, investment or thematic value; and
(c)is a member of an approved firearms collectors club, a nominated officer of which has endorsed the application, on behalf of the club.".
18.Conditions applying to antique handgun collectors licences
(1)In the heading to section 22 of the Firearms Act 1996 omit "category 1 and category 2".
(2)In section 22(1) of the Firearms Act 1996 omit "category 1 and category 2".
(3)In section 22(2) of the Firearms Act 1996 omit "category 1 and category 2".
19.Application for licence
In section 31(2) of the Firearms Act 1996, omit "and verified by a statutory declaration".
20.Information which is required for an application for a licence
(1)In section 32(1)(b) of the Firearms Act 1996, after "firearms collectors licence" insert "(other than an antique handgun collectors licence)".
(2)In section 32(2)(c)(ii) of the Firearms Act 1996, after "fingerprints" insert "(other than in the case of an application for an antique handgun collectors licence)".
(3)In section 32(3)(c)(ii) of the Firearms Act 1996, after "fingerprints" insert "(other than in the case of an application for an antique handgun collectors licence)".
21.Offence not to comply with licence conditions
After section 36(3) of the Firearms Act 1996 insert—
"(3A)A person who is the holder of a paintball marker licence must comply with any conditions to which the licence is subject.
Penalty:60 penalty units or 12 months imprisonment.".
22.Application for renewal of licence
In section 41(3) of the Firearms Act 1996, paragraph (b) is repealed.
23.Insertion of new section 41A
After section 41 of the Firearms Act 1996 insert—
"41A.Continuation of licence during consideration of application for renewal
If a licence holder has applied for renewal of a licence under section 41 and that application has not been determined before the date of expiry of the licence, the licence is deemed to continue in force, on and from that date, until the determination of the application.".
24.Insertion of new section 43A
After section 43 of the Firearms Act 1996 insert—
'43A.Variation of licence for failure to comply with participation condition
(1)If—
(a)the holder of a handgun target shooting licence has failed to comply with section 16(5)(c); and
(b)the Chief Commissioner has not cancelled the holder's licence for that failure to comply—
the Chief Commissioner may vary the licence by imposing a condition that the licence does not authorise the holder to possess, carry or use the relevant class of handgun for the period specified in the variation by the Chief Commissioner, or, if no period is specified, the period of 12 months.
(2)In this section "relevant class of handgun" means the class of handgun in respect of which the licence holder failed to comply with section 16(5)(c).
(3)The holder of a handgun target shooting licence whose licence has been varied under sub-section (1) may apply to the Committee for a review of the decision of the Chief Commissioner to vary the licence.'.
25.Insertion of Division heading
After section 52 of the Firearms Act 1996 insert—
"Division 9A—Surrender and Seizure of Firearms etc.".
26.Disposal of surrendered or seized handguns
After section 53A(3) of the Firearms Act 1996 insert—
"(4)If a person has surrendered a handgun or ammunition under this section or if a handgun or ammunition has been seized from a person under this section, that person must dispose of that handgun or ammunition to a licensed firearms dealer within 56 days of service of the notice from the Chief Commissioner under section 52A.".
27.Amendment of Division heading
In the heading to Division 10 of Part 2 of the Firearms Act 1996, for "and Permits" substitute ", Permits and Provisional Licences".
28.Exemptions from Part 2
For section 54(2) of the Firearms Act 1996 substitute—
"(2)If a person receives instruction in the use of a general category handgun in accordance with the exemption set out in item 4 or 5A of Schedule 3, the person who gives the instruction, must, on each occasion on which that person gives that instruction, so notify the Chief Commissioner on the form approved by the Chief Commissioner.".
29.Insertion of new section 54A
After section 54 of the Firearms Act 1996 insert—
"54A.Exemptions from certain licence conditions
(1)The Chief Commissioner may exempt the holder of a handgun target shooting licence from being required to comply with a condition specified in section 16(2), (3) or (5), if the Chief Commissioner is satisfied that the person is unable to do so because—
(a)the person has a temporary physical incapacity; or
(b)the person is to be absent from the State for a substantial period of time; or
(c)for any other reasonable reason.
(2)An exemption under this section remains in force for the period specified by the Chief Commissioner in the exemption.
(3)In granting an exemption under this section the Chief Commissioner must determine whether the handguns to which the exemption applies are to be stored, during the period for which the exemption remains in force—
(a)by the holder of the licence; or
(b)by another person in accordance with a permit under section 121A.".
30.Permits to display firearms or ammunition collections
(1)In section 56(1) of the Firearms Act 1996, after "firearms collectors licence" insert "(other than an antique handgun collectors licence)".
(2)After section 56(5) of the Firearms Act 1996 insert—
"(5A)The conditions that the Chief Commissioner may impose on a permit under this section may include conditions for or with respect to—
(a)the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and
(b)the length or term of the permit and any related matters.".
31.Permits to possess, carry or use silencers or prescribed items
After section 57(3) of the Firearms Act 1996 insert—
"(3A)The conditions that the Chief Commissioner may impose on a permit granted under this section may include conditions for or with respect to—
(a)the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and
(b)the length or term of the permit and any related matters.".
32.Permits to carry or use firearms held under a collectors licence
After section 58(2) of the Firearms Act 1996 insert—
"(2A)The conditions that the Chief Commissioner may impose on a permit granted under this section may include conditions for or with respect to—
(a)the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and
(b)the length or term of the permit and any related matters.".
33.Substitution of section 58A
For section 58A of the Firearms Act 1996 substitute—
'58A.Provisional general category handgun licences
(1)The Chief Commissioner may grant a provisional licence to a member of an approved handgun target shooting club (who does not hold a handgun target shooting licence) to carry or use the classes of general category handguns specified in the provisional licence at approved handgun target shooting matches and handgun target shoots.
(2)The Chief Commissioner must not grant a provisional licence under this section—
(a)if the applicant is a prohibited person; or
(b)unless the Chief Commissioner is satisfied that the applicant is a fit and proper person to hold such a licence; or
(c)in the case of an applicant who is of or over 12 years of age and under 18 years of age, unless—
(i)the applicant has the written consent of his or her parent or guardian; or
(ii)the person who is to provide the instruction to the applicant has the consent of the applicant's parent or guardian; or
(d)for any other prescribed reason.
(3)A provisional licence under this section remains in force for a period of no less than 6 months and no more than 12 months (as specified by the Chief Commissioner in the licence).
(4)A provisional licence under this section may not be renewed.
(5)A provisional licence under this section is subject to the condition that the holder of the licence must, within 3 months of the grant of the licence, complete a course in handgun safety approved by the Chief Commissioner.
(6)A provisional licence under this section that authorises the carriage or use of a controlled handgun is subject to the condition that the handgun must not be carried or used except for the purpose of the holder of the licence making a decision as to whether to, in the course of applying for a general category handgun licence for the reason of target shooting—
(a)purchase the handgun; and
(b)make an application to the Chief Commissioner for an authorisation under section 7A for the handgun.
(7)The Chief Commissioner may impose any conditions on a provisional licence under this section that the Chief Commissioner thinks fit.
(8)The conditions that the Chief Commissioner may impose on a provisional licence granted under this section may include conditions for or with respect to the circumstances in which the Chief Commissioner may cancel or suspend the licence and any other matters related to any such cancellation or suspension.
(9)An application for a provisional licence under this section must be in the form approved by the Chief Commissioner.
(10)An applicant for a provisional licence under this section must pay the prescribed fee for such a licence.
(11)The holder of a provisional licence must comply with the provisional licence.
Penalty:120 penalty units or 2 years imprisonment.
(12)In this section—
"controlled handgun" means a handgun that is of a class to which section 7A(1) applies.'.
34.Offence to carry on business of dealing in firearms
In section 59(1) of the Firearms Act 1996, after "category A or B longarms" insert "or paintball markers".
35.Application for dealers licence
In section 63(2) of the Firearms Act 1996, omit "and verified by a statutory declaration".
36.Information in application by natural person
In section 64(aa) of the Firearms Act 1996, omit ", verified by a statutory declaration".
37.Information in application by body corporate
In section 65(d)(i) of the Firearms Act 1996, omit ", verified by a statutory declaration".
38.Renewal of dealers licences
In section 72 of the Firearms Act 1996—
(a)in sub-section (3), paragraph (b) is repealed;
(b)in sub-section (4A)(a), omit ", verified by a statutory declaration".
39.Acquisition of paintball markers
After section 95(1) of the Firearms Act 1996 insert—
"(1A)A person who is not a licensed firearms dealer must not acquire a paintball marker from a person who is not a licensed firearms dealer, unless the person who is acquiring the paintball marker engages a licensed firearms dealer as his or her agent in the transaction.
Penalty:120 penalty units or 2 years imprisonment.".
40.Disposal of paintball markers
After section 96(1) of the Firearms Act 1996 insert—
"(1A)A person who is not a licensed firearms dealer must not dispose of a paintball marker to a person who is not a licensed firearms dealer, unless the person who is disposing of the paintball marker engages a licensed firearms dealer as his or her agent in the transaction.
Penalty:120 penalty units or 2 years imprisonment.".
41.Acquisition of paintball markers from outside the State
After section 99(1) of the Firearms Act 1996 insert—
"(1A)If a licensed firearms dealer is acquiring a paintball marker from a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not take possession of that firearm from any person other than a person who holds a licence in that place which corresponds with a dealers licence.
Penalty:60 penalty units or 12 months imprisonment.".
42.Disposal of paintball markers outside the State
After section 100(1) of the Firearms Act 1996 insert—
"(1A)If a licensed firearms dealer is disposing of a paintball marker to a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not give possession of that firearm to any person other than a person who holds a licence in that place which corresponds with a dealers licence.
Penalty:60 penalty units or 12 months imprisonment.".
43.Offence to acquire a paintball marker without a permit
After section 102(1) of the Firearms Act 1996 insert—
"(1A)A person must not acquire a paintball marker unless that person has a permit to acquire that firearm.
Penalty:60 penalty units or 12 months imprisonment.".
44.Permits to acquire
In section 104(1) of the Firearms Act 1996—
(a)in paragraph (e)—
(i)for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence";
(ii)after sub-paragraph (ii) insert—
"(iii)a black powder handgun that is muzzle loading, if the applicant has not already acquired such a handgun; or";
(b)in paragraph (f), for "a general category handgun licence for the reason of target shooting" substitute "a handgun target shooting licence".
45.Application for permit to acquire
In section 106(2) of the Firearms Act 1996, omit "and verified by statutory declaration".
46.Record keeping requirements of clubs
After section 123B(1) of the Firearms Act 1996 insert—
"(1A)In relation to any handgun target shoot conducted by an approved handgun target shooting club, the club must keep a record of—
(a)the time and place of the shoot; and
(b)details of any handgun used by each person participating in the shoot; and
(c)the name and handgun licence number of each person participating in the shoot.".
47.Reports of clubs
(1)For the heading to section 123C of the Firearms Act 1996 substitute—
"Approved handgun target shooting clubs—reporting requirements".
(2)In section 123C(1) of the Firearms Act 1996—
(a)in paragraph (a), after "during the year" insert "and of all the handgun target shoots conducted by the club during the year";
(b)in paragraph (c)(iii)—
(i)after "approved handgun target shooting match" insert "and each handgun target shoot";
(ii)after "such match" insert "and shoot";
(c)in paragraph (c)(iv)—
(i)after "approved handgun target shooting match" insert "and each handgun target shoot";
(ii)after "such match" insert "and shoot";
(d)after paragraph (c) insert—
"Penalty:20 penalty units.".
(3)For section 123C(2)(b) of the Firearms Act 1996 substitute—
"(b)in the prescribed form.".
48.Requirements as to club members
After section 123D(1) of the Firearms Act 1996 insert—
"(1A)An approved handgun target shooting club must take the prescribed measures to ensure that any holder of a provisional general category handgun licence whose provisional licence has been suspended or cancelled does not take part in any handgun target shooting match conducted by the club.".
49.Endorsement of applications for permits to acquire
In section 123G(1)(d) of the Firearms Act 1996, after "the club" insert "or another approved handgun target shooting club".
50.Requirements as to collector members of collector's clubs
(1)In section 123L(b) of the Firearms Act 1996—
(a)for "must not admit a person as a member of the club" substitute "must not have a person as a collector member of the club";
(b)in sub-paragraph (iv), for "at any time in the 5 years immediately preceding the application, the applicant" substitute "at any time in the 5 years immediately preceding the person becoming a collector member of the club, the person".
(2)At the end of section 123L of the Firearms Act 1996 insert—
'(2)In this section, "collector member of the club" means a member of the club who collects firearms.'.
51.Requirement to nominate officers
In section 123N(1) of the Firearms Act 1996, for "an approval under this Part" substitute "an approval under Division 1 or 2 of this Part".
52.Use of firearm by person other than possessor
After section 127(1) of the Firearms Act 1996 insert—
"(1A)A person who possesses a paintball marker must not permit that firearm to be carried or used by any person who is not—
(a)so authorised by a licence under Part 2; or
(b)exempted by this Act from the requirement to be so authorised.
Penalty:60 penalty units or 12 months imprisonment.".
53.Offence to own a firearm without a licence to possess
After section 135(3) of the Firearms Act 1996 insert—
"(4)A person must not own a paintball marker unless that person is authorised by a licence under this Act to possess the paintball marker.
Penalty:60 penalty units or 12 months imprisonment.".
54.Forfeited firearms
In section 152(b)(ii) of the Firearms Act 1996, for "approved for that purpose by the Minister" substitute "approved by the Minister for the purpose of retaining possession of firearms forfeited to the Crown for forensic or other law enforcement purposes".
55.Application for duplicate licence
In section 178(1) of the Firearms Act 1996, omit "and accompanied by a statutory declaration".
56.Power of Chief Commissioner to make approvals
In section 179(1) of the Firearms Act 1996, after "firearms safety courses," insert "paintball safety courses,".
57.Insertion of new section 179A
After section 179 of the Firearms Act 1996 insert—
"179A.Approved handgun target shooting matches
(1)For the purposes of this Act, on application by an approved handgun target shooting club, the Chief Commissioner may approve handgun target shooting matches to be conducted by the club, if the Chief Commissioner is satisfied that the matches will be conducted by the approved club at an approved shooting range.
(2)On making an approval under sub-section (1), the Chief Commissioner must cause the approval to be published in the Government Gazette.".
58.Disclosure of information
(1)In section 181(1) of the Firearms Act 1996, for "Except to the extent necessary to perform duties under this Act" substitute "Except to the extent necessary for the purposes of the administration of this Act".
(2)In section 181(2) of the Firearms Act 1996—
(a)in paragraph (e), for "application." substitute "application;";
(b)after paragraph (e) insert—
"(f)any other information that is necessary to enable the club to perform its functions under this Act.".
59.Notice of cancellation of provisional general category handgun licence
In section 181A(1) of the Firearms Act 1996—
(a)in paragraph (b), for "or suspension." substitute "or suspension; or";
(b)after paragraph (b) insert—
"(c)a provisional general category handgun licence, the Chief Commissioner must inform any approved handgun target shooting club of which the holder is a member of that cancellation or suspension.".
60.Indictable offence
In section 189A of the Firearms Act 1996, for "6A(1), (2) and (3)" substitute "6A(1), (2), (3) and (4)".
61.Amendment of Schedule 2, special conditions on licences
(1)After item 1(7) of Schedule 2 to the Firearms Act 1996 insert—
"(8)If the holder of the licence has obtained the licence for the reason of hunting or sport or target shooting, the licence is subject to the condition that the holder must not—
(a)possess, carry or use a detachable magazine with a capacity greater than 10 shots in combination with a pump or lever action centre fire rifle; or
(b)possess, carry or use a detachable magazine with a capacity greater than 15 shots in combination with a bolt action centre fire rifle; or
(c)possess, carry or use a detachable magazine with a capacity greater than 15 shots in combination with a pump, lever or bolt action rimfire rifle—
unless the Chief Commissioner is satisfied that the holder should be able to possess, carry or use such a magazine in combination with such a firearm for the purposes of participating in an event approved by the Chief Commissioner.".
(2)After item 3(2) of Schedule 2 to the Firearms Act 1996 insert—
"(3)Item 3(2)(b) does not apply to a person to whom item 4 or 5A of Schedule 3 applies, if the person is carrying or using a general category handgun owned by an approved handgun target shooting club that is located at the approved shooting range at which the instruction is taking place.".
(3)After item 5(11) of Schedule 2 to the Firearms Act 1996 insert—
"(12)Items 5(5) and (6) do not apply to an antique handgun collectors licence.
(13)The holder of an antique handgun collectors licence must take all reasonable measures to ensure the secure storage of the firearms while in carriage for the purposes of display or on display.".
62.Amendment of Schedule 3, exemptions
(1)In column 1 of item 4 of Schedule 3 to the Firearms Act 1996—
(a)for paragraph (b) substitute—
"(b)for the purposes of obtaining a general category handgun licence for a reason set out in section 15(1)—";
(b)for "two previous occasions" substitute "nine previous occasions".
(2)After item 5B in Schedule 3 to the Firearms Act 1996 insert—
"
5C. Any person. When possessing or carrying a firearm in the course of his or her duties as a supervisor, competition judge or range officer at an approved shooting range.
".
(3)After item 6 in Schedule 3 to the Firearms Act 1996 insert—
"
6A. A non-prohibited person who is of or over the age of 18 years. When using or carrying a paintball marker for the purpose of and when engaging in activities that require the use of paintball markers at a location approved by the Chief Commissioner.
".
63.Amendment of Schedule 4
For item 3(2) of Schedule 4 to the Firearms Act 1996 substitute—
"(2)If—
(a)in the case of an antique handgun, more than 15 antique handguns are stored on the premises where the handgun is stored; or
(b)in any other case, more than 5 firearms are stored on the premises where the firearm is stored—
the premises must be fitted with an effective alarm system of a class approved by the Chief Commissioner.".
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Part 3—Particular provisions for Handgun Security Guard Licences
64.Handgun security guard licences—over calibre weapons
In section 15(4) of the Firearms Act 1996—
(a)in paragraph (b), for "guard." substitute "guard; and";
(b)after paragraph (b) insert—
"(c)must not issue, unless the Chief Commissioner reasonably believes that there is an exceptional and legitimate reason for doing so, a licence for a handgun that is—
(i)a semi-automatic handgun with a calibre of more than ·40 inch; or
(ii)a revolver or single shot handgun with a calibre of more than ·38 inch.".
65.New section 57A inserted
After section 57 of the Firearms Act 1996 insert—
"57A.Permit for holder of handgun security guard licence to possess, carry or use restricted ammunition
(1)The holder of a handgun security guard licence must not possess, carry or use any restricted ammunition for any handgun he or she possesses, carries or uses under the licence unless that person does so under and in accordance with a permit issued under this section.
Penalty:60 penalty units or 12 months imprisonment.
(2)The Chief Commissioner may grant a permit to the holder of a handgun security guard licence to possess, carry or use restricted ammunition.
(3)The Chief Commissioner must not grant a permit under this section unless the Chief Commissioner reasonably believes that there is an exceptional and legitimate reason for doing so.
(4)The conditions that the Chief Commissioner may impose on a permit granted under this section may include conditions for or with respect to—
(a)the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and
(b)the length or term of the permit and any related matters.
(5)An application for a permit must be in the form approved by the Chief Commissioner.
(6)The applicant must pay the prescribed fee for such a permit.
(7)The holder of the permit must comply with the permit.
Penalty:60 penalty units or 12 months imprisonment.".
66.Insertion of new section 210
After section 209 of the Firearms Act 1996 insert—
"210.Transitional provision—handgun security guard licence
(1)A handgun security guard licence in force immediately before the commencement of this section, is to be taken (on and from that commencement) not to authorise the possession, carriage or use of—
(a)a semi-automatic handgun with a calibre of more than ·40 inch; or
(b)a revolver or single shot handgun with a calibre of more than ·38 inch; or
(c)restricted ammunition for any handgun possessed, carried or used under the licence—
unless the holder of the licence has obtained an authority under this section.
(2)A handgun security guard licence issued on or after the commencement of this section and before 1 July 2008 does not authorise the possession, carriage or use of—
(a)a semi-automatic handgun with a calibre of more than ·40 inch; or
(b)a revolver or single shot handgun with a calibre of more than ·38 inch; or
(c)restricted ammunition for any handgun possessed, carried or used under the licence—
unless the holder of the licence has obtained an authority under this section.
(3)The holder of a handgun security guard licence issued before 1 July 2008, may apply to the Chief Commissioner for an authority to possess, carry or use—
(a)a semi-automatic handgun with a calibre of more than ·40 inch; or
(b)a revolver or single shot handgun with a calibre of more than ·38 inch; or
(c)restricted ammunition for any handgun possessed, carried or used under the licence.
(4)On application by a person under sub-section (3), the Chief Commissioner may authorise the person to possess, carry or use—
(a)a semi-automatic handgun with a calibre of more than ·40 inch; or
(b)a revolver or single shot handgun with a calibre of more than ·38 inch; or
(c)restricted ammunition for any handgun possessed, carried or used under the licence.
(5)In granting an authorisation under this section, the Chief Commissioner may have regard to any matter the Commissioner considers relevant.
(6)An authorisation under this section remains in force until 1 July 2008 or any earlier date specified by the Chief Commissioner in the authorisation and may not be renewed.
(7)An application for an authorisation under this section must be in the form approved by the Chief Commissioner.
(8)The Chief Commissioner may impose any conditions on an authorisation under this section that the Chief Commissioner thinks fit.".
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Part 4—Amendment of the Control of Weapons Act 1990
67.Exemptions from prohibited weapons and body armour
At the end of section 8B of the Control of Weapons Act 1990 insert—
"(2)An exemption under sub-section (1)—
(a)must not be granted in respect of prohibited persons; and
(b)if granted in respect of a class of person or persons identified by a particular description, does not apply to any prohibited person who is a member of that class or who satisfies that description (as the case requires).".
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Part 5—Amendment of the Magistrates' Court Act 1989
68.Amendment of Schedule 4 to the Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act 1989, in item 49BA for "and (3)" substitute
", (3) and (4)".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 5 October 2005
Legislative Council: 20 October 2005
The long title for the Bill for this Act was "to amend the Firearms Act 1996 to make further provision in relation to firearms collectors, handguns, paintball gaming and other matters, and to amend the Control of Weapons Act 1990 and the Magistrates' Court Act 1989 and for other purposes."
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