Firearms (Miscellaneous) Amendment Act 2013 (SA)

South Australia

Firearms (Miscellaneous) Amendment Act 2013

An Act to amend the Firearms Act 1977.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Firearms (Miscellaneous) Amendment Act 2013.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

1. (1)

   Section 5(1), after the definition of prescribed firearm insert:

   prohibited firearm accessory means an item, or an item of a class, prescribed by the regulations that may be fitted to or used in conjunction with a firearm;

2. (2)

   Section 5(1), definition of silencer—delete the definition and substitute:

   silencer means a device designed or adapted to be attached to, or comprising part of, a firearm to muffle the report when the firearm is fired and includes baffles, tubes or other parts that when fitted together would comprise a silencer;

Section 10B—after subsection (3) insert:

1. (3a)

   If a police officer has reason to believe that a firearms prohibition order applies to a person, but the order has not been served on the person, the officer may—

   1. (a)

      require the person to remain at a particular place for—

      1. (i)

         so long as may be necessary for the order to be served on the person; or

      2. (ii)

         2 hours,

   whichever is the lesser; and

   1. (b)

      if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).

Heading to Part 3—delete the heading and substitute:

Part 3—Possession and trafficking of firearms and licensing of dealers

1. (1)

   Section 11(7b)—delete subsection (7b) and substitute:

   1. (7b)

      An offence against this section is an aggravated offence if it has been proved that—

      1. (a)

         the firearm to which the offence relates was loaded or in the immediate vicinity of a loaded magazine that could be attached to and used in conjunction with the firearm; or

      2. (b)

         the offender had the firearm concealed about the person.

2. (2)

   Section 11(7c)—delete subsection (7c)

Heading to Part 3 Division 2—delete the heading and substitute:

Division 2—Trafficking in firearms

Sections 14 and 14A—delete the sections and substitute:

14—Trafficking in firearms

1. (1)

   Subject to this section, a person—

   1. (a)

      who—

      1. (i)

         acquires a firearm; or

      2. (ii)

         knowingly takes part in the acquisition of a firearm,

   without being authorised to acquire the firearm by a permit under this Part…