Firearms Regulation 2006 (NSW)
This Regulation is the Firearms Regulation 2006.
This Regulation commences on 1 September 2006.
This Regulation replaces the Firearms (General) Regulation 1997 which is repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation:
(a) the local council in whose area (within the meaning of the Local Government Act 1993) the premises or the place is, or will be, situated, or
(b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council—that person or body.
(a) is employed to carry on a security activity referred to in section 4 (1) (c) of the Security Industry Act 1997, and
(b) is the holder of a class 1F licence under that Act.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes in the text of this Regulation do not form part of this Regulation.
The following are declared not to be firearms for the purposes of the Act:
(a) an explosive-powered tool within the meaning of Part 9.2 of the Occupational Health and Safety Regulation 2001,
(b) a heavy bench-mounted rifle of an approved kind that is used for experimental purposes,
(c) a tool designed to be used to split or break rock or concrete by means of the firing of an explosive cartridge, such as the tool known as the “Boulder Buster”,
(d) an industrial tool designed to be used in the mining and steel industries to remove refractory material (eg slag) from kilns or for other similar purposes, such as the tool known as the “Slag Buster Kiln Gun”,
(e) a captive bolt gun of the kind designed for use in an abattoir in the humane killing of livestock,
(f) any piece of artillery manufactured before 1946:
(i) that has been rendered permanently inoperable, and
(ii) the breech, chamber and barrel of which have been permanently sealed, and
(iii) that is on permanent display in a public place for memorial or commemorative purposes,
(g) cannon and field guns:
(i) that have been constructed as pieces of military ordnance, and
(ii) that have a calibre of more than 25 millimetres, and
(iii) that have been rendered permanently inoperable, and
(iv) the breech, chamber and barrel of which have been permanently sealed,
(h) a firearm designed to be used for life saving or distress signalling purposes (such as line-throwing guns or the “Very” type of firearm),
(i) a firearm designed to be used in film, television or theatrical productions for the purposes of breaking glass or ceramic articles and that is only capable of firing a projectile over a short range (such as the firearm known as the “Trunion” gun),
(j) a firearm designed to be used to train dogs by firing retrievable projectiles (such as the firearm known as the “Turner Richards Dummy Launcher”),
(k) a tool designed to discharge a nail, spike or other fastener into or through material by means of compressed air or carbon dioxide (such as a nail gun).
For the purposes of sections 11 (5) (b) and 29 (3) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales:
(a) Offences relating to firearms or weapons An offence relating to the possession or use of a firearm, or any other weapon, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(b) Offences relating to prohibited drugs etc An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008, in respect of which the penalty imposed was imprisonment for 6 months or more, or a penalty of $2,200 or more, or both, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(c) Offences involving violence An offence committed under the law of any Australian or overseas jurisdiction, being:
(i) an offence involving the infliction of actual bodily harm upon a person in respect of which the penalty imposed was imprisonment for 28 days or more, or a penalty of $200 or more, or both, or
(ii) an offence involving kidnapping or abduction, or
(iii) an offence involving stalking or intimidation, or
(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii).
(d) Offences of a sexual nature An offence of a sexual nature, being:
(i) an offence under Division 10 of Part 3 of the Crimes Act 1900, or
(ii) an offence under section 38, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in subparagraph (i), or
(iii) an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900, or
(iv) an offence under section 11G of the Summary Offences Act 1988, or
(v) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)–(iv), or
(vi) any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)–(iv), or
(vii) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(vi).
(e) Offences involving fraud, dishonesty or stealing An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed was imprisonment for 3 months or more.
(f) Offences involving robbery An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).
(g) Offences relating to terrorism An offence relating to terrorism, being:
(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or
(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).
(h) Offences involving organised criminal groups and recruitment An offence committed under section 93IK, 93T or 351A of the Crimes Act 1900.
For the purposes of sections 11 (5) (d) and 29 (3) (d) of the Act, the following offences are prescribed regardless of whether they are committed in New South Wales:
(a) an offence referred to in subclause (1) (a), (d) or (f)–(h),
(b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2002, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),
(c) an offence committed under the law of any Australian or overseas jurisdiction, being:
(i) an offence involving the infliction of actual bodily harm upon a person, or
(ii) an offence involving kidnapping or abduction, or
(iii) an offence involving stalking or intimidation, or
(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii),
(d) an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing.
The genuine reason of business or employment does not, in relation to a category H licence or an application for such a licence, include business or employment that constitutes any other genuine reason.
Section 16 of the Act provides that a category H licence must not be issued unless the genuine reason established by the applicant is sport/target shooting, business or employment or firearms collection. The genuine reasons specified in section 12 of the Act are each mutually exclusive.
Accordingly, a category H licence issued to a person who has established business or employment as the genuine reason for being issued with the licence does not authorise the possession or use of a registered pistol for a purpose that is a genuine reason other than business or employment.
For example, the licensee is not authorised to use the pistol for the purposes of:
(a) hunting (including the control or suppression of vermin or pest animals) or fishing, or
(b) farming or grazing activities (including the destruction of diseased or injured animals).
For the purposes of section 10 (1) of the Act, the manner of making an application for a licence is by sending or lodging the application in the approved form to or at the Firearms Registry of the NSW Police Force or such other place as may be approved.
In making an application for a category A, B, C, D or H licence (other than a category D licence referred to in section 21 (2) of the Act, a provisional pistol (business/employment) licence or a probationary pistol licence) or for a firearms collector licence that is part of a composite licence as referred to in clause 99 (3), the applicant may apply for a licence that will be in force for a period of 2 years only.
For the purposes of section 21 (1) of the Act, the period of 2 years is prescribed in relation to any such licence.
This clause does not apply in relation to an application for a subsequent licence to which clause 8A applies.
This clause applies to a licence (
The period for which a subsequent licence is to be issued is as follows:
(a) 1 year if the applicant satisfies the approved criteria for issuing a licence for that period,
(b) 2 years if the applicant satisfies the approved criteria for issuing a licence for that period,
(c) 3 years if the applicant satisfies the approved criteria for issuing a licence for that period,
(d) 4 years if the applicant satisfies the approved criteria for issuing a licence for that period.
Any such period is prescribed for the purposes of section 21 (1) of the Act in relation to the subsequent licence concerned.
The Commissioner may refuse to issue a licence unless the applicant has certified in the licence application that the applicant is aware of, and understands, the requirements of the Act and this Regulation in relation to the safe keeping of firearms to which the licence applies.
The Commissioner may refuse to issue a permit to acquire a firearm unless the applicant has certified in the permit application that the applicant is able to comply with the requirements of the Act and this Regulation in relation to the safe keeping of the firearm.
The Commissioner may:
(a) require an applicant for a licence or permit to consent to having his or her fingerprints taken by a police officer in order to confirm the applicant’s identity, and
(b) refuse to issue the applicant with a licence or permit unless the applicant has been fingerprinted in accordance with any such requirement.
A requirement under subclause (1) may only be made if:
(a) there is a reasonable doubt as to the applicant’s identity, and
(b) proof of the applicant’s identity cannot be confirmed by any other means that are available in the circumstances.
The Commissioner is to ensure that any fingerprints that are obtained in accordance with a requirement under subclause (1), and any copies of them, are destroyed as soon as they are no longer needed in connection with the application to which they relate.
As soon as practicable after any fingerprints (or any copies of them) are destroyed in accordance with subclause (3), the Commissioner is to notify the applicant in writing that those fingerprints (and those copies, if any) have been destroyed.
The Commissioner may refuse to issue a permit unless the applicant has completed such firearms training and safety courses as the Commissioner considers to be appropriate in respect of the permit concerned.
The Commissioner must, except in such cases as the Commissioner (at the request of the Commonwealth Government) considers appropriate, refuse to issue a permit authorising the possession or use of a firearm if the Commissioner is satisfied that the applicant intends to possess or use the firearm for personal protection (or for the protection of any other person) or the protection of property.
Without limiting the operation of subclause (2), the Commissioner must refuse to issue a permit authorising the possession or use of a registered pistol if the Commissioner is satisfied that the applicant intends to possess or use the pistol for the purposes of:
(a) hunting (including the control or suppression of vermin or pest animals) or fishing, or
(b) farming or grazing activities (including the destruction of diseased or injured animals).
However, subclause (3) does not apply in relation to an applicant if the Commissioner is satisfied, on production of such evidence as the Commissioner may require, that the applicant has a medical condition or disability that prevents the applicant from using a rifle or shotgun for the purposes referred to in that subclause.
A person to whom a licence or permit has been issued must, within 14 days after becoming aware that the licence or permit has been lost, stolen, destroyed, defaced or mutilated, notify the Commissioner in writing of that occurrence.
Maximum penalty: 20 penalty units.
The Commissioner may, on being satisfied that a licence or permit has been lost, stolen, destroyed, defaced or mutilated, and after payment of the fee specified in clause 99 (1) (o), issue a duplicate licence or permit.
An application for a duplicate licence or permit is to be made by sending or lodging the approved form for the application to or at the Firearms Registry of the NSW Police Force or such other place as may be approved.
If a licensee’s genuine reason for possessing or using a firearm under the authority of a licence can no longer be established by the licensee, the licensee must, within 14 days of ceasing to have that genuine reason, notify the Commissioner in writing of that fact.
Maximum penalty: 50 penalty units.
If a permit holder’s legitimate reason for possessing or using a firearm to which the permit relates can no longer be established by the holder, the permit holder must, within 14 days of ceasing to have that reason, notify the Commissioner in writing of that fact.
Maximum penalty: 50 penalty units.
A reference in subclause (2) to a permit holder’s legitimate reason for possessing or using a firearm includes a reference to the circumstances in respect of which the holder possesses or uses the firearm under the authority of the permit.
A person does not commit an offence under this clause if the person demonstrates that he or she did not know, or could not reasonably be expected to have known, that the genuine reason, or legitimate reason, established by the person for possessing or using a firearm under the authority of the licence or permit had ceased to exist.
The holder of a licence or permit must, if there is any change in a particular (eg the name of the holder) stated in the licence or permit:
(a) notify the Commissioner in writing of the change within 14 days after the change occurs, and
(b) if a replacement licence or permit is issued to the holder—surrender the original licence or permit at the police station nearest to the usual place of residence of the holder within 14 days after receiving the replacement licence or permit.
Maximum penalty: 20 penalty units.
This clause does not apply to a change in a licensee’s or permit holder’s place of residence.
Section 69 of the Firearms Act 1996 already requires the holder of a licence or permit to provide particulars of his or her change of address.
The holder of a licence or permit must, within 14 days of acquiring any firearm, notify the Commissioner in writing of:
(a) the address of the premises on which the firearm is to be kept when not actually being used, and
(b) the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.
Maximum penalty: 50 penalty units.
Subclause (1) does not apply if the licence or permit holder has already provided the information referred to in that subclause to the Commissioner in connection with the application for the permit to acquire the firearm concerned.
If there is any change in the address of the premises on which the holder of a licence or permit keeps any firearm, the holder of the licence or permit must, within 14 days after the change occurs, notify the Commissioner in writing of:
(a) the address of the new premises on which the firearm is to be kept, and
(b) the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.
Maximum penalty: 50 penalty units.
Subclause (2) does not affect any requirement under section 69 of the Act to notify the Commissioner of a change of address in relation to a place of residence.
A licence or permit may be renewed by making an application, in accordance with the Act and this Regulation, for a new licence or permit (referred to in this Regulation as a
At least 60 days before the date on which a licence or permit is due to expire, the Commissioner is to notify the licence or permit holder in writing that the licence or permit is due to expire on the date specified in the notice.
If:
(a) a person applies for a subsequent licence or permit before the term of the person’s current licence or permit expires (referred to in this clause as the
old licence or permit ), and
(b) the application has not been dealt with by the time the old licence or permit expires,
the authority conferred by the old licence or permit continues until such time as the person is notified of the issue of, or refusal of, the subsequent licence or permit.
If the applicant fails to collect the subsequent licence or permit in accordance with the approved arrangements within 60 days (or such longer period as may be approved in any particular case) of being notified of its issue:
(a) the subsequent licence or permit is taken to have been surrendered by the applicant, and
(b) any authority conferred by the old licence or permit ceases to have effect.
The Commissioner may revoke a licence if the Commissioner is satisfied that it is not in the public interest for the licensee to continue to hold the licence.
In accordance with section 30 (4) (b) of the Act, a permit may be revoked if the Commissioner considers that it is not in the public interest for the person to whom the permit is issued to continue to hold it.
The Commissioner must revoke a permit if the Commissioner is satisfied that the person to whom the permit is issued no longer has a legitimate reason for possessing or using the firearm (or the ammunition) to which the permit relates.
For the purposes of section 30 (1) of the Act, the manner of making an application for a permit is by sending or lodging the application in the approved form to or at the Firearms Registry of the NSW Police Force or such other place as may be approved.
Without limiting clause 10, the Commissioner may refuse to issue a permit unless the applicant provides proof of his or her identity to the satisfaction of the Commissioner.
A permit must, if the Commissioner so determines in the case of any particular permit or class of permit, contain a recent photograph of the person to whom it is issued.
The photograph is to be obtained in accordance with arrangements determined by the Commissioner.
Except in the case of a minor’s firearms permit, a permit continues in force, unless it is sooner surrendered or revoked or otherwise ceases to be in force, from the date on which it is issued for a period of 5 years, or such shorter period as may be specified under the Act or this Regulation (or as may be determined by the Commissioner) for the permit.
A permit is subject:
(a) to such conditions as the Commissioner thinks fit to impose and as are specified in the permit, and
(b) to such conditions as may be specified in this Regulation in relation to the permit.
Without limiting the conditions to which a permit may be subject, a permit may be subject to such conditions concerning the safe storage of the firearm to which the permit relates as may be determined by the Commissioner.
All permits are subject to the condition that they cannot be transferred to another person.
For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category A or category B licence is authorised to possess and use a firearm of the relevant kind without the authority of a licence under the Act, but for the following purposes only:
(a) recreational hunting/vermin control,
(b) vertebrate pest animal control,
(c) practising in connection with an approved shooting competition referred to in section 26 (1) of the Act,
(d) taking fish for sale in accordance with the Fisheries Management Act 1994,
(e) supervising a person who, in accordance with section 6B (1) (a) of the Act, possesses or uses a firearm at an approved shooting range.
For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category H licence is authorised to possess and use a firearm of the relevant kind without the authority of a licence under the Act, but for the following purposes only:
(a) practising in connection with an approved shooting competition referred to in section 26 (1) of the Act,
(b) supervising a person who, in accordance with section 6B (1) (a) of the Act, possesses or uses a firearm at an approved shooting range.
For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category A, category B or category H licence is authorised to possess, but not use, a firearm of the relevant kind without the authority of a licence under the Act, but only so as to authorise possession of the firearm:
(a) after buying it from a licensed firearms dealer in New South Wales, or
(b) while travelling through New South Wales, or
(c) while taking it to a licensed firearms dealer in New South Wales for the purposes of selling the firearm or having it repaired or serviced.
For the purposes of section 26 (1) of the Act, an interstate resident who:
(a) is licensed, under the law of the other State or Territory in which he or she resides, to carry on security activities referred to in section 4 (1) (c) of the Security Industry Act 1997, and
(b) is authorised to possess and use a pistol or shotgun under the law of that other State or Territory for the purposes of business or employment,
is authorised to possess and use the pistol or shotgun in New South Wales but only while carrying on those security activities.
For the purposes of this clause, a firearm is
If a licence or permit is held by a government agency authorising the agency to possess firearms, and persons who are authorised by separate licences or permits to possess or use firearms for business or employment purposes are employed in or by the agency, the agency (or its chief executive officer) must:
(a) except as provided by this clause, keep in safe storage all firearms authorised to be possessed by those employees when they are not on duty, and
(b) in addition to the requirements set out in Part 4 of the Act, ensure that any firearm required to be kept in safe storage is secured in such a manner as would reasonably prevent its removal otherwise than by an authorised employee, and
(c) must not allow any firearm in the agency’s possession (including any firearms that have been acquired by the agency) to be possessed or used by an employee who is not authorised to possess or use the firearm by a licence or permit issued to the employee, and
(d) must notify the Commissioner in writing within 7 days if any employee (unless employed on a casual basis) who is the holder of a licence or permit authorising possession or use of a firearm ceases to be employed in or by the agency, and
(e) ensure that each firearm in respect of which each employee holds a licence or permit is inspected once every 3 months by some competent person to ascertain its working condition, and
(f) must cause each such firearm to be serviced at least once a year by an appropriately qualified person.
Maximum penalty: 50 penalty units.
A person who is employed in or by a government agency must, at the end of any period of duty, return any firearm in the employee’s possession to his or her employer’s store of firearms unless the person is authorised to retain possession of the firearm in accordance with subclause (4).
Maximum penalty: 50 penalty units.
A person does not commit an offence under subclause (2) if:
(a) the person has not been on duty at his or her ordinary place of work, and
(b) it was not reasonably practicable, for reasons of distance or public safety, to return the firearm to the employer’s store of firearms, and
(c) it was not reasonably practicable in the circumstances for an authorisation under subclause (4) to be obtained (eg because the person was required to travel unexpectedly in connection with the person’s employment).
The Commissioner may authorise in writing any person who is employed in or by a government agency to retain possession of a firearm that the employee is authorised to possess between periods of duty as an employee.
The Commissioner must not authorise possession of a firearm between periods of duty unless the Commissioner is satisfied that:
(a) it is not practicable in the circumstances for the employee to return the firearm to the employer’s store of firearms, and
(b) the firearm will, as far as is reasonably practicable in the circumstances, be stored in accordance with the requirements of Part 4 of the Act.
An employee’s authorisation to retain possession of a firearm between periods of duty is subject to the following requirements:
(a) the firearm may only be carried by the employee:
(i) when travelling directly to or from work or in the course of a work-related journey, or
(ii) in accordance with approved arrangements that have been made by the government agency concerned,
(b) the firearm must be stored:
(i) at the employee’s place of residence, or
(ii) in accordance with approved arrangements that have been made by the government agency concerned,
(c) the employee must, as far as is reasonably practicable in the circumstances, comply with the requirements of Part 4 of the Act,
(d) the employee must permit a police officer to inspect, at any reasonable time, the arrangements for the safe-keeping of the firearm.
An authorisation under this clause remains in force for such time as is specified in the authorisation unless it is sooner revoked by the Commissioner.
The Commissioner may revoke any such authorisation if the Commissioner is satisfied that:
(a) the requirements of subclause (6) have not been complied with, or
(b) it is in the public interest to do so.
In addition to the firearms safety training courses required in connection with an application for a licence or permit, any person who is employed in or by a government agency and who is authorised to possess or use a firearm for business or employment purposes must undertake, at such times as may be determined by the Commissioner, such continuing firearms safety training courses as may be approved.
Maximum penalty: 20 penalty units.
The government agency that employs such a person (or in which the person is employed) must:
(a) ensure that subclause (9) is complied with by any such employee, and
(b) report to the Commissioner when those persons have completed the required training.
Maximum penalty: 20 penalty units.
Clause 76 applies, in the same way as that clause applies to security guards, to any person:
(a) who is employed in or by a government agency, and
(b) who is authorised to possess or use a pistol for business or employment purposes,
while the person is carrying the pistol.
Clause 81 applies to a government agency in the same way as that clause applies to a person who employs security guards.
For the purposes of section 16C (2) (d) of the Act, the holder of a provisional pistol (business/employment) licence (the
(a) the provisional licensee receives detailed written instructions (which may, for example, be in the form of standard operating procedures, employment policies or an employment procedure manual) from the master licensee who is the employer of the provisional licensee on the work to be performed, and
(b) the provisional licensee performs tasks that are part of an overall work routine that is documented, and
(c) the provisional licensee is subject to regular personal progress checks, in writing, by a nominated supervisor on the work being performed, and
(d) the provisional licensee is as far as practicable in the line of sight of the competent person, and
(e) the competent person is able to immediately render assistance to the provisional licensee if required, and
(f) there is at least the same number of competent persons as provisional licensees on premises at which provisional licensees are carrying out security activities of a kind authorised by their class 1F licence under the Security Industry Act 1997.
A licence that is issued for the genuine reason of sport/target shooting is subject to the condition that the licensee must, as a current member of an approved shooting club, comply with clause 96 (1) (a) or (b).
Subclause (1) does not limit the conditions to which any such licence may be subject.
If an applicant for a licence (not being a member of an approved hunting club) proposes to establish recreational hunting/vermin control as a genuine reason for being issued with the licence and, in order to do so, is required to produce proof of the permission to shoot on rural land, the applicant must produce with the application:
(a) the permission in writing, or
(b) a statutory declaration verifying that the permission has been given,
as evidence that the permission has been given.
During the term of a licence issued to an applicant referred to in this clause, the licensee may lawfully possess or use a firearm (as authorised by the licence) on land other than the land specified in respect of the application if:
(a) the licensee has been given the written permission of the owner or occupier of that other land (or of an officer of the agency concerned) to shoot on that other land, or
(b) the licensee has been given permission, as verified by statutory declaration, by that owner, occupier or agency to shoot on that other land.
Any permission to shoot on rural land (including any statutory declaration verifying that any such permission has been given) must describe the land to which the permission relates and the type of game to be shot.
If a licensee has been given permission to shoot on rural land, the licensee must, on demand made at any time by a police officer or an authorised officer for that land:
(a) produce the permission for inspection by the police officer or authorised officer, or
(b) if it is not in the licensee’s immediate possession—produce the permission, as soon as practicable (but not more than 48 hours) after the demand is made, to the officer who made the demand or to another police officer or authorised officer nominated by the officer who made the demand.
Maximum penalty (subclause (4)): 20 penalty units.
A person commits an offence under subclause (4) only if the police officer or authorised officer, when making the demand, explains to the person that failure to comply with the demand is an offence.
In this clause:
A licence that is issued for the genuine reason of recreational hunting/vermin control to a member of an approved hunting club is subject to the condition that the licensee must, as a current member of the approved hunting club concerned, comply with clause 96 (1) (c), but only if membership of the club is the sole ground on which the licensee has established that genuine reason.
Subclause (1) does not limit the conditions to which any such licence may be subject.
If a licensee who is a member of an approved hunting club has established recreational hunting/vermin control as a genuine reason for being issued with the licence, the licence authorises the member to use a firearm:
(a) to participate in shooting activities conducted by the approved hunting club, but only on the land for which:
(i) the club has been given the written permission of the owner or occupier (or of an officer of an agency referred to in the genuine reason of recreational hunting/vermin control) to shoot the game described in the permission, or
(ii) the club has been given permission, as verified by statutory declaration, by such owner, occupier or agency to shoot the game described in the statutory declaration, or
(b) to participate in shooting activities other than those approved by the approved hunting club, but only on the land for which:
(i) the licensee has been given the written permission of the owner or occupier (or of an officer of an agency referred to in the genuine reason of recreational hunting/vermin control) to shoot the game described in the permission, or
(ii) the licensee has been given permission, as verified by statutory declaration, by such owner, occupier or agency to shoot the game described in the statutory declaration.
If an approved hunting club has been given permission under subclause (1) (a) for its members to shoot on rural land, the member of the club who is for the time being responsible for the shooting activities conducted by the club on that land must, on demand made at any time by a police officer or authorised officer for that land, produce the permission, as soon as practicable (but not more than 48 hours) after the demand is made, to the officer who made the demand or to another police officer or authorised officer nominated by the officer.
Maximum penalty: 20 penalty units.
If a licensee has been given permission under subclause (1) (b) to shoot on rural land, the licensee must, on demand made at any time by a police officer or authorised officer for that land:
(a) produce the permission for inspection by the police officer or authorised officer, or
(b) if it is not in the licensee’s immediate possession—produce the permission, as soon as practicable (but not more than 48 hours) after the demand is made, to the officer who made the demand or to another police officer or authorised officer nominated by the officer.
Maximum penalty: 20 penalty units.
A person commits an offence under subclause (2) or (3) only if the police officer or authorised officer, when making the demand, explains to the person that failure to comply with the demand is an offence.
In this clause:
The authority conferred by a licence issued for the genuine reason of recreational hunting/vermin control, primary production, vertebrate pest animal control or animal welfare extends to the use of a firearm by the licensee at an approved shooting range, on such occasions as may reasonably be required, for the purposes of:
(a) sighting in the firearm, which includes the sight alignment or tuning of the firearm, familiarisation with or testing of ammunition and practising on targets, or
(b) in the case of a shotgun—patterning the shotgun, which includes the adjusting or aligning of the shotgun, familiarisation with or testing of ammunition and practising on stationary or moving clay targets.
Nothing in this clause authorises:
(a) the holder of a licence referred to in this clause to participate in competitions or activities conducted by a shooting club that require the use of a firearm (except those activities referred to in subclause (1)), or
(b) the use of a shooting range otherwise than in accordance with the approval of the shooting range, including any conditions subject to which the approval was granted.
It is a condition of the approval of a shooting range under Part 8 that the holder of a shooting range approval:
(a) is to ensure that any person using the shooting range under this clause is supervised while doing so by a person appointed by the holder of the approval, and
(b) is to cause the name and licence number of the person using the shooting range under this clause to be recorded, and
(c) is to make any such records available for inspection by a police officer or the Commissioner.
Subclause (3) extends to an approval in force as at the commencement of this clause.
The Game Council is prescribed as an authority for the purposes of the genuine reason of recreational hunting/vermin control.
The following government agencies are prescribed for the purposes of the genuine reason of vertebrate pest animal control:
(a) the Department of Primary Industries,
(b) the Department of Environment and Conservation,
(c) Local Land Services,
(d) the Wild Dog Destruction Board.
For the purposes of section 17A (6) of the Act, the prescribed number of clay target shooting competitions is 4.
In accordance with section 8 (3) of the Act, the only type of licence that authorises a person to possess a firearm in respect of which the genuine reason of firearms collection has been established is a firearms collector licence.
Without limiting the conditions to which a firearms collector licence may be subject, any such licence is subject to the condition that the licensee must, as a current member of an approved collectors’ society or collectors’ club, comply with clause 96 (1) (d).
In accordance with section 20 (a) of the Act, a firearms collector licence is subject to the condition that any prohibited firearm (being a rifle to which a category D licence applies) that is part of the collection must be rendered permanently incapable of being fired in the following manner:
(a) a bore diameter mild steel rod must be inserted into the barrel of the firearm extending for the full length of the barrel,
(b) the steel rod must be fully welded to:
(i) the muzzle and finished flush, and
(ii) the chamber of the firearm (if applicable),
(c) the barrel must be welded to the receiver to prevent the barrel from being removed,
(d) the firing pin must be removed and the firing pin hole welded closed,
(e) any internal springs or components that can be removed without detracting from the external appearance of the firearm must be removed,
(f) any trigger of the firearm must be welded in a fixed position to prevent the trigger from working,
(g) the internal components of the firearm must (if possible) be welded to prevent the firearm from working,
(h) any bolts and external hammers must be welded in a fixed position,
(i) any other mechanism or action in respect of the firearm must be welded in a closed position to prevent the firearm from working.
In accordance with section 20 (a) of the Act, a firearms collector licence is subject to the condition that any prohibited firearm (being a shotgun to which a category D licence applies) that is part of the collection must be rendered permanently incapable of being fired in the following manner:
(a) a bore diameter mild steel rod must be inserted into the barrel of the firearm for a distance of 5 cm,
(b) the steel rod must be welded flush to the muzzle,
(c) a 5 cm long steel plug must be inserted into the chamber and fully welded flush,
(d) the barrel must be welded to the receiver to prevent the barrel from being removed.
Despite subclauses (3) and (4), any such prohibited firearm may be rendered permanently incapable of being fired by being sectionalised (that is, by milling away the external parts of the firearm to expose its internal mechanisms) in an approved manner.
For the purposes of subclauses (3) and (4), and in addition to the requirements of those subclauses:
(a) any welding required to be done must:
(i) be substantial and, wherever practicable, not be done by way of spot welding, and
(ii) be done by way of gas metal arc, gas tungsten arc, manual arc electrode or gas fusion with steel wire, and
(b) if a firearm has a component of a non-ferrous composition that cannot be satisfactorily welded but is required to be welded, that component may be glued and pinned to prevent it from working, and
(c) the barrel of a firearm that is constructed of material unsuitable for welding may be plugged with a mild steel rod and welded by gas brazing or a similar method, and
(d) any nipple of a firearm must be welded so that it is blocked.
For the purposes of section 20 (e) of the Act, the following standards are prescribed for the storage of firearms in a firearms collection:
(a) any ammunition for any firearm (whether or not forming part of the collection) must not be kept in the area or room in which the firearms are stored, unless the ammunition is stored in a separate locked container,
(b) the area or room in which the firearms are stored must be part of a permanent building with secure locks on all entrances,
(c) the area or room must have solid walls that provide a substantial barrier to forced entry,
(d) any window in the area or room must be covered by a security screen,
(e) doors leading into the area or room must be made of solid material or be reinforced by steel,
(f) each such door must be fitted with a “dead latch” type lock, or be fitted with a hasp/barrel bolt and padlock,
(g) door hinges must be concealed or the hinge pins must be welded to prevent them from being punched out,
(h) if the firearms are to be displayed outside of their locked containers at any time, the licence holder must be physically present in the area or room at that time.
The standards set out in subclause (7) are in addition to the requirements of Part 4 of the Act.
The holder of a firearms dealer licence may apply to the Commissioner to change the premises to which the licence relates.
Any such application is to be made in the approved form and be accompanied by the fee specified in clause 99 (1) (r) for inspecting the new premises.
After taking into account the same relevant matters as would have to be considered in assessing an application for a firearms dealer licence, the Commissioner may approve or refuse the application.
A refusal may be made on any of the grounds on which an application for a firearms dealer licence may be refused.
If the application is approved, the Commissioner is to impose a new condition on the licence changing the premises at which the business is to be carried on.
In addition to the authority conferred under the Act, a firearms dealer licence issued to a theatrical armourer authorises:
(a) the licensee and any authorised employee of the licensee to instruct and supervise actors and other persons involved in a film, television or theatrical production in the possession and use of firearms for the purposes of the production, and
(b) the actors and other persons involved in the production to possess and use the firearms, but only while under the supervision and control of the licensee or authorised employee of the licensee.
A firearms dealer licence issued to a theatrical armourer is subject to the following conditions:
(a) any firearm used in the production must be maintained in a safe working condition,
(b) the licensee must comply with any requirements determined by the Commissioner in relation to the safe keeping of firearms that the licensee is authorised to possess,
(c) the licensee must ensure that any employee who is authorised by the Commissioner to possess or use firearms under the licence is properly trained in the safe handling of firearms and is suitably qualified to carry out the functions of a theatrical armourer.
The licensee must, while acting under the authority conferred by subclause (1):
(a) keep in the approved form a register in which particulars of the following matters are kept:
(i) the types, and registration numbers, of firearms authorised under the licence,
(ii) the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,
(iii) the periods for which any firearm was removed from safe storage, and
(b) ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and
(c) ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and
(d) if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.
Maximum penalty: 50 penalty units.
For the purposes of section 45 (1) (b) of the Act, each record required to be made and kept by a licensed firearms dealer under that section is to be sent to the Commissioner within 7 days of the record being made. A record can be sent by electronic means.
For the purposes of section 45A (2) (e) and (3) (b) of the Act, the record of each sale and of each purchase of ammunition by a licensed firearms dealer must contain the following particulars:
(a) the quantity of ammunition sold or purchased,
(b) the name of the manufacturer (or the brand) of the ammunition and a full description of the calibre of the ammunition.
A firearms dealer licence that authorises a firearms dealer to carry on business at specified premises must not be issued unless the Commissioner is satisfied that:
(a) the applicant is carrying on or proposes to carry on the business of a firearms dealer at those premises, and
(b) those premises are suitable for carrying on the business of a firearms dealer.
In considering whether or not premises are suitable for such purposes, the Commissioner is to have regard to the following:
(a) the nature of the activities proposed to be conducted on the premises,
(b) the kinds of firearms to which the licence relates,
(c) whether adequate provision has been made for the safe keeping of firearms by means of a safe or strongroom or otherwise,
(d) the security of the premises against unauthorised entry,
(e) in the case of a licence that authorises the testing of firearms on the premises—whether an efficient bullet recovery box or bullet stop is provided on the premises.
A licensed firearms dealer must ensure that any ammunition for any firearm that the dealer is authorised to possess under the licence is stored in a restricted area that is not easily accessible by the public.
Maximum penalty: 50 penalty units.
A licensed firearms dealer must, if the dealer has ordered a supply of firearms to be sent to the dealer:
(a) check whether all of the firearms have been delivered to the dealer, and
(b) if any firearms are missing from the delivery—notify the Commissioner within 24 hours of the delivery.
Maximum penalty: 50 penalty units.
The Commissioner may require a licensed firearms dealer to make all firearms that are in the possession of the dealer available for inspection, at any reasonable time, by a police officer at the premises to which the licence relates.
A licensed firearms dealer must:
(a) comply with any such requirement, and
(b) pay the fee specified in clause 99 (1) (r) for the inspection.
Maximum penalty: 50 penalty units.
A licensed firearms dealer must, in any advertisement relating to the business of the firearms dealer that is displayed by or on behalf of the dealer, state or display the number of the firearms dealer’s licence.
Maximum penalty: 50 penalty units.
A licensed firearms dealer who acquires possession of a firearm, or a spare barrel that is capable of taking and discharging ammunition for that firearm, that is not numbered (or is not numbered clearly) must notify the Commissioner in writing of the possession of the firearm or spare barrel within 7 days of acquiring it.
Maximum penalty: 50 penalty units.
The authority conferred by a firearms dealer licence extends to an employee of the licensed firearms dealer despite the employee being under the age of 18 years, but only if:
(a) the employee would otherwise be eligible to be issued with a licence, and
(b) the employee has, in accordance with section 8 of the Act, been authorised in writing by the Commissioner to do the things that the licensed firearms dealer is authorised to do under the licence.
If the premises of a licensed firearms dealer are situated within 50 kilometres of another State or Territory, the authority conferred by the licence extends to a person who is a resident of that other State or Territory and who is employed by the dealer to work at those premises, but only if the person would otherwise be eligible to be issued with a licence.
For the purposes of section 44A (3) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales:
(a) Offences relating to firearms or weapons An offence relating to the possession or use of a firearm, or any other weapon, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(b) Offences relating to prohibited drugs etc An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2002, in respect of which the penalty imposed was imprisonment for 6 months or more, or a penalty of $2,200 or more, or both, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).
(c) Offences involving violence An offence committed under the law of any Australian or overseas jurisdiction, being:
(i) an offence involving the infliction of actual bodily harm upon a person in respect of which the penalty imposed was imprisonment for 28 days or more, or a penalty of $200 or more, or both, or
(ii) an offence involving kidnapping or abduction, or
(iii) an offence involving stalking or intimidation, or
(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii).
(d) Offences of a sexual nature An offence of a sexual nature, being:
(i) an offence under Division 10 of Part 3 of the Crimes Act 1900, or
(ii) an offence under section 38, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in subparagraph (i), or
(iii) an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900, or
(iv) an offence under section 11G of the Summary Offences Act 1988, or
(v) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)–(iv), or
(vi) any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)–(iv), or
(vii) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(vi).
(e) Offences involving fraud, dishonesty or stealing An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed was imprisonment for 3 months or more.
(f) Offences involving robbery An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).
(g) Offences relating to terrorism An offence relating to terrorism, being:
(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or
(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).
(h) Offences involving organised criminal groups and recruitment An offence committed under section 93IK, 93T or 351A of the Crimes Act 1900.
For the purposes of section 44A (3) (e) of the Act, the following offences are prescribed regardless of whether they are committed in New South Wales:
(a) an offence referred to in subclause (1) (a), (d) or (f)–(h),
(b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2002, committed under:
(i) the law of any Australian jurisdiction, or
(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),
(c) an offence committed under the law of any Australian or overseas jurisdiction, being:
(i) an offence involving the infliction of actual bodily harm upon a person, or
(ii) an offence involving kidnapping or abduction, or
(iii) an offence involving stalking or intimidation, or
(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii),
(d) an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing.
For the purposes of section 32 (2) (a) of the Act, the age of 12 years is prescribed as the minimum age for the holder of a minor’s firearms permit.
For the purposes of section 32 (8) of the Act, the period of 3 months is prescribed.
This clause applies to any person who:
(a) is of or above the age of 12 years (but is under the age of 18 years), and
(b) is a resident of another State or Territory, and
(c) is the holder of the equivalent of a minor’s firearms permit issued under the law in force in that other State or Territory.
A person to whom this clause applies is authorised to possess and use a firearm without the authority of a minor’s firearms permit under the Act, but only for the purposes of:
(a) competing in an approved event, or
(b) receiving safe instruction in the use of the firearm.
A person to whom this clause applies is not authorised to use a firearm unless the person is under the direct supervision of another person who is authorised to use that firearm.
Section 16A of the Act does not apply in relation to a person who:
(a) has applied for a category H (sport/target shooting) licence, and
(b) is the holder of a minor’s target pistol permit (as referred to in section 32 (4) of the Act) at the time of applying for the licence, and
(c) has held the permit for a period of at least 12 months.
The Commissioner may, on application by a person who is about to leave Australia, issue a permit authorising the person to purchase a firearm (other than a prohibited firearm).
The Commissioner must not issue a permit under this clause unless satisfied that the applicant is about to leave Australia.
A permit under this clause:
(a) authorises the holder of the permit to purchase and possess, but not use, the firearm (other than a prohibited firearm) to which the permit relates, and
(b) remains in force, unless sooner surrendered or revoked, until the expiration of 7 days from the date of its issue or the purchase of the firearm to which the permit relates, whichever first occurs.
The Commissioner may, on application by a person who has acquired a firearm as an heirloom, issue a permit authorising the person to possess the firearm.
The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that the firearm:
(a) was inherited by the applicant within the period of 6 months before the application for the permit was made or such other period as may be approved in any particular case, and
(b) has been rendered permanently inoperable.
A permit under this clause authorises the holder of the permit to possess, but not use, the firearm to which it relates.
A permit under this clause does not authorise the purchase of any ammunition.
The authority conferred by a permit under this clause applies only to a single firearm or to a matched pair of firearms.
(Repealed)
The Commissioner may, on application by a person on behalf of a public museum containing a collection of firearms, issue a permit authorising the possession of those firearms by any person who is employed in, or who is otherwise engaged in the operation of, the public museum.
A permit under this clause authorises any such person to possess the firearms to which the permit applies, but only while on the premises of the public museum or for purposes reasonably connected with the operation of the public museum.
The Commissioner must not issue a permit under this clause unless the applicant can demonstrate that the collection of firearms contained in the public museum has a genuine commemorative, historical, thematic or financial value.
A permit under this clause is subject to the following conditions:
(a) that any firearm that is part of the collection must (unless the Commissioner approves of special arrangements that permit the technology or functioning of the firearm to be demonstrated when it is on display) be rendered temporarily inoperable:
(i) by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container that is of an approved type, or
(ii) by using a trigger lock of an approved type,
(b) that the person in charge of the public museum concerned must, in accordance with such arrangements as are agreed on by the person and the Commissioner, permit inspection by a police officer (or such other person as may be approved) of the museum, the firearms in the collection and the facilities for the storing and safe keeping of those firearms,
(c) such conditions as may be imposed by the Commissioner concerning the security of the public museum and the storage of the firearms in the collection.
Any special arrangements approved under subclause (4) (a) do not operate so as to allow the actual firing of the firearm concerned.
In this clause:
(a) has a written constitution that states the museum’s charter, goals and policies, and
(b) has a stated acquisition policy, and
(c) acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and
(d) is sufficiently financed to enable the conduct and development of the museum, and
(e) has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and
(f) is regularly open to the public.
The Commissioner may, on application by a person on behalf of a film, television or theatrical production that will involve firearms, issue the person with a permit in connection with the production.
A permit issued under this clause authorises the permit holder to possess and use the firearms to which the permit relates, but only in connection with the production concerned.
The authority conferred by a permit issued under this clause also authorises any other person directly involved in the production who:
(a) has been nominated by the permit holder, and
(b) is eligible to be issued with a permit, and
(c) is authorised in writing by the Commissioner,
to possess and use a firearm to which the permit relates for the purposes of the production concerned, but only while under the direct supervision of the permit holder.
The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that:
(a) the production concerned requires the possession or use of the firearms for which the permit is sought, and
(b) the applicant has adequate training in relation to the security and safe handling of the firearms, and
(c) the applicant’s main duty in connection with the production concerned is that of controlling, and being responsible for the security and safe handling of, the firearms, and
(d) adequate security will be maintained over the firearms at all times, and
(e) the permit holder will supervise all handling of the firearms by those persons authorised under subclause (3).
Any firearm to which a permit under this clause relates:
(a) must be maintained in a safe condition, and
(b) must be certified, by a licensed theatrical armourer who is proficient in firearms modification, as being a firearm the chamber of which has been modified to allow blank cartridges designed only for that particular firearm.
A permit under this clause is subject to the condition that only blank cartridges may be used with any firearm to which the permit relates.
The permit holder must:
(a) keep in the approved form a register in which particulars of the following matters are kept:
(i) the types, and registration numbers, of firearms authorised under the permit,
(ii) the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,
(iii) the periods for which any firearm was removed from safe storage, and
(b) ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and
(c) ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and
(d) if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.
Maximum penalty: 50 penalty units.
A producer intending to involve firearms in a production may either:
(a) appoint a person to control, and be responsible for the security and safe handling of, the firearms concerned (which person must then obtain a permit under this clause), or
(b) employ a licensed theatrical armourer to instruct and supervise the actors and other persons associated with the production in the possession and use of the firearms concerned.
(Repealed)
The Commissioner may, on application by or on behalf of a person:
(a) who is not a resident of Australia, and
(b) who is visiting, or who is intending to visit, New South Wales for the purpose of competing in a competition involving firearms,
issue a permit authorising the person to possess and use a firearm for that purpose.
A permit under this clause may be issued to a person before the person arrives in New South Wales.
In addition to the requirements of clause 21, an application for a permit under this clause must contain the following details:
(a) the applicant’s name, date of birth and home address in the country in which the applicant ordinarily resides,
(b) the applicant’s passport number, country of issue and date of expiry,
(c) the number of the applicant’s visa (if any) and date of expiry,
(d) the number of the applicant’s firearms licence (if any), its country of issue and date of expiry,
(e) if the applicant is not the holder of a firearms licence—a certificate signed by a competent authority in the applicant’s country of residence to the effect that the applicant is lawfully entitled to possess, carry and use in that country the type of firearm for which the permit is sought,
(f) the make, model, calibre, action and serial number of the firearm for which the permit is sought,
(g) if the applicant intends to import more than one firearm into Australia—details of the special need for the additional firearm,
(h) the dates and locations of the competitions in Australia in which the permit holder intends to participate,
(i) the intended period of the applicant’s stay in Australia.
A permit under this clause cannot authorise the possession or use of any prohibited firearm (other than a paint-ball gun, or a self-loading or pump action shotgun used in clay target shooting competitions).
A permit under this clause authorises the holder of the permit to possess and use the firearm to which it relates only for the purposes of competing in the competition and for related purposes that are connected with the competition.
A permit under this clause continues in force (unless it is sooner surrendered or revoked) from the date on which it is issued for a period of 3 months.
A person referred to in clause 54 (1) who is the holder of a permit issued and in force under the law in force in another State or a Territory, being a permit of the kind referred to in clause 54, is:
(a) exempt from the requirement under the Act to hold a licence or permit authorising possession or use of the firearm to which the permit relates, but only for the purpose of:
(i) competing in New South Wales in a competition involving that firearm, or
(ii) engaging in activities that are connected with that competition, and
(b) exempt from the requirement under the Act to hold a licence or permit authorising possession (but not use) of the firearm to which the permit relates if the person is visiting New South Wales before or after competing in a competition involving that firearm in that other State or Territory.
The Commissioner may, on application by a person, issue a permit authorising the person (and any other person specified in the permit who would be eligible to be issued with a permit) to possess or use the tranquilliser firearm to which the permit relates. Any such permit is referred to as a
The Commissioner must not issue a tranquilliser firearm permit unless the Commissioner is satisfied that the possession or use of the tranquilliser firearm to which the permit relates is a necessary part of the occupation of the person or persons who will be authorised to possess or use it.
A tranquilliser firearm permit authorises the holder of the permit (or such other person specified in the permit) to possess and use the tranquilliser firearm only in the normal course of the person’s occupation or for the purposes of undertaking an approved training course in relation to the use of that firearm.
In this clause:
The Commissioner may, on application by a person, issue a permit authorising the holder of the permit:
(a) to conduct organised activities involving the use of paint-ball guns, and
(b) to possess paint-ball guns for the purposes of enabling other persons to participate in those activities.
The Commissioner must not issue any such permit (referred to as a
(a) that the conduct of those activities on the premises specified in the application has been approved by local consent authority, and
(b) those activities will be conducted with proper regard to the preservation of public safety.
A paint-ball game permit is subject to the following conditions:
(a) such conditions as may be imposed by the Commissioner concerning the safe keeping of paint-ball guns,
(b) that the holder of the permit must permit the inspection at any time of the premises specified in the permit by a police officer (or such other person as may be approved).
The holder of a paint-ball game permit is authorised to conduct activities involving the use of paint-ball guns, and to possess paint-ball guns, but only on the premises specified in the permit.
A person (other than the holder of a paint-ball game permit) who possesses or uses a paint-ball gun on the premises specified in a permit under this clause is not required to hold a licence or permit authorising the possession or use of the paint-ball gun.
The exemption provided by subclause (5) only applies while the person is in possession of, or while the person is using, the paint-ball gun on the premises specified in a paint-ball game permit.
A paint-ball game permit is subject to the condition that the holder of the permit must not allow a person to use a paint-ball gun (other than a paint-ball gun provided by the holder) on the premises specified in the permit unless the holder of the permit has seen the person’s paint-ball gun permit.
The Commissioner may, on application by a person, issue a permit (referred to as a
A paint-ball gun permit authorises the holder of the permit to possess a paint-ball gun, but does not authorise the use of a paint-ball gun except on premises specified in a paint-ball game permit.
A paint-ball gun permit is subject to such conditions as may be specified in the permit with respect to the safe keeping and storage of a paint-ball gun to which the permit relates.
A person who is a resident of another State or Territory and is the holder of the equivalent of a paint-ball gun permit issued under the law in force in that other State or Territory is exempt from the requirement of the Act to be authorised by a permit to possess a paint-ball gun otherwise than on premises specified in a paint-ball game permit. However, nothing in this subclause authorises any such person to use a paint-ball gun otherwise than on premises specified in a paint-ball game permit.
The Commissioner may, on application by a person, issue a permit (referred to as a
(a) to conduct organised safari tours that involve firearms to which a category A or category B licence applies, and
(b) to possess and use those firearms for the purposes of any such organised safari tour.
A safari tour permit does not authorise the possession or use of any firearm other than firearms to which a category A or category B licence applies.
A safari tour permit is subject to the condition that the permit holder must obtain the permission of the owner of any land on which hunting activities are proposed to be carried out under the authority of the permit before those activities are carried out.
The Commissioner may, on application by or on behalf of a person:
(a) who is not a resident of Australia, and
(b) who is visiting, or who is intending to visit, New South Wales for the purpose of participating:
(i) in a specified organised safari tour conducted by the holder of a safari tour permit, or
(ii) in hunting activities organised by an approved hunting club,
issue a permit authorising the person to possess and use a firearm to which a category A or category B licence applies for that purpose.
A permit under this clause may be issued to a person before the person arrives in New South Wales.
An application for a permit under this clause must demonstrate, to the Commissioner’s satisfaction, that the person to whom the application relates is authorised, under the law of the country in which the person ordinarily resides, to possess and use firearms to which a category A or category B licence applies.
A permit under this clause authorises the holder of the permit to possess and use firearms to which a category A or category B licence applies, but only in connection with:
(a) the organised safari tour specified in the permit, or
(b) the organised hunting activities of the approved hunting club concerned.
The Commissioner may, on application by a person who is the secretary (or other relevant office holder if there is no secretary) of a historical re-enactment organisation, issue a permit authorising the organisation to organise and conduct historical re-enactment events involving firearms. Any such permit is referred to in this clause as a
A historical re-enactment organiser’s permit also authorises any person who is the holder of a licence to use any firearm:
(a) that is not a prohibited firearm, and
(b) that the person is authorised to possess or use under a licence,
for the purposes of participating in any historical re-enactment event conducted under the authority of a historical re-enactment organiser’s permit.
A reference in subclause (2) to a licence includes a reference to a licence that:
(a) is issued under the law in force in another State or Territory authorising the possession and use of a firearm, and
(b) is the equivalent of a licence issued under the Act.
The secretary (or other relevant office holder if there is no secretary) of a historical re-enactment organisation must, in relation to an application for a historical re-enactment organiser’s permit, provide the Commissioner with the following information:
(a) the location of the event,
(b) (Repealed)
(c) the kinds of firearms that are to be present at the event,
(d) the security measures that will be put in place at the event.
The secretary (or other relevant office holder if there is no secretary) of a historical re-enactment organisation holding a re-enactment organiser’s permit must notify the police officer in charge of a police station that is nearest to the place at which the relevant historical re-enactment event is to take place about the event not more than 7 days before the event takes place.
A historical re-enactment organiser’s permit does not authorise the use of ammunition with any firearm to which the permit relates. However, blank cartridges may be used with any such firearm to which the permit relates if the historical re-enactment event to which the permit relates is being carried out:
(a) in front of an invited viewing audience, or
(b) at a place away from public view and hearing.
A historical re-enactment organiser’s permit may be issued in relation to historical re-enactment events held on one or more days or held on a periodic basis.
(Repealed)
The Commissioner may, on application by a person, issue a permit authorising the person to possess and use a muzzle-loading black powder cannon.
The Commissioner is not to issue a permit under this clause unless the Commissioner is satisfied that the applicant for the permit is a member of a historical society or club whose purpose includes the preservation and demonstration of historical weapons.
A permit under this clause authorises the holder of the permit to possess and use, on behalf of the historical society or club concerned, a muzzle-loading black powder cannon but only for the purposes of preserving and displaying it and of demonstrating its use.
The Commissioner may approve a person or a class of persons for the purposes of this clause.
The Commissioner may at any time revoke a person’s approval by posting a notice of revocation to the person at the address of the person last known to the Commissioner.
Subject to subclauses (2) and (3), this Part applies (with necessary modifications) to any firearm frame or firearm receiver in the same way as it applies to a firearm.
The following provisions do not apply in relation to firearm frames and firearm receivers:
(a) clause 102 (c),
(b) clause 104 (1) (d) and (f),
(c) clause 106 (d) and (f),
Clause 102 (d) applies to firearm frames and firearm receivers as if the date “1 July 1997” were “1 July 2001”.
An inspector appointed under Part 4 of the Explosives Act 2003 who possesses or uses a prohibited firearm referred to in item 15 of Schedule 1 to the Act is not, while acting in the ordinary course of the inspector’s duties, required to hold a licence or permit authorising possession or use of the firearm.
An officer of the Department of Environment and Conservation or the Department of Primary Industries who possesses or uses a shotgun, or a prohibited firearm referred to in item 15 of Schedule 1 to the Act, that:
(a) is capable of propelling a bird net or other type of net, or
(b) is capable of discharging incendiary shells used for the purposes of authorised back-burning and bushfire hazard reduction programs,
is not, while acting in the ordinary course of the officer’s duties, required to hold a licence or permit authorising possession or use of the firearm.
The exemption provided by section 6B of the Act (to the extent that it applies to persons who possess or use a firearm at an approved shooting range) extends to any such person while the person is under the direct supervision of a person who is authorised to possess or use a firearm of that kind by a licence issued under the law in force in another State or Territory.
The purpose of this clause is to prescribe requirements relating to the exemption under section 6B of the Act of persons from the requirement to be authorised by a licence or permit to possess or use a firearm.
It is a condition of the approval under clause 87 of a shooting range that a club or range official must ensure that each person who, in accordance with section 6B (1) (a) of the Act, possesses or uses a firearm at the shooting range but who is not authorised by a licence or permit to do so completes and signs a form containing the following questions before the person uses any firearm at the shooting range:
(a) Have you, in New South Wales or elsewhere:
(i) been refused or prohibited from holding a firearms licence or permit or had a firearms licence or permit suspended, cancelled or revoked?
(ii) been the subject of a firearms prohibition order?
(iii) within the last 10 years, been convicted of an offence involving firearms, weapons, prohibited drugs, robbery, violence or terrorism?
(iv) within the last 10 years, been convicted of an offence of a sexual nature?
(v) within the last 10 years, been the subject of a family law or domestic violence order or an apprehended violence order (other than an order that was revoked)?
(b) Are you currently, in New South Wales or elsewhere:
(i) subject to a good behaviour bond?
(ii) subject to an interim apprehended violence order?
(iii) suffering from any mental illness or other disorder that may prevent you from using a firearm safely?
It is a condition of the approval under clause 122 (4) of a person to be an instructor for a firearms safety training course that the person must ensure that each person who, in accordance with section 6B (1) (b) of the Act, possesses or uses a firearm while participating in the course but who is not authorised by a licence or permit to do so, completes and signs a form containing the questions set out in subclause (2) before the person uses any firearm as part of the course.
It is a condition of any such approval referred to in subclause (2) or (3) that the club or range official, or the instructor, as the case requires, must:
(a) prevent a person from possessing or using a firearm at the shooting range, or as part of the course, if the person has answered “Yes” to any of the questions set out in subclause (2), and
(b) record the name, address and date of birth of each person who possesses or uses a firearm at the shooting range, or as part of the course, in accordance with section 6B of the Act, and
(c) make available for inspection, by the Firearms Registry of the NSW Police Force, any record made under paragraph (b) and any completed and signed forms under subclause (2) or (3).
Without limiting the operation of subclause (4) (a), if the person concerned has answered “Yes” to any of the questions set out in subclause (2), the club or range official, or the instructor, as the case requires, must prevent the person from possessing or using a firearm at the shooting range or as part of the course.
Maximum penalty: 50 penalty units.
The club or range official, or the instructor, as the case requires, must ensure that the person who is possessing or using a firearm at the shooting range, or as part of the course, does so only while under direct supervision as required by section 6B (1) of the Act.
Maximum penalty: 50 penalty units.
The record under subclause (4) (b) must also include details of the photo identification of the person concerned or, if the person is a minor, details of the photo identification of a parent or guardian of the minor and a copy of the parent’s or guardian’s written consent to the minor possessing or using the firearm.
If a person who is possessing or using a firearm at the shooting range in accordance with section 6B (1) (a) of the Act is an overseas resident visiting the State (an
(a) the date on which the overseas tourist used the shooting range,
(b) the name of the person who supervised the overseas tourist at the shooting range.
A reference in subclause (7) to the photo identification of a person is, if the person is an overseas tourist, taken to be a reference to the person’s passport.
In this clause:
(a) in the case of a club within the meaning of Part 9—a member of the club who has been authorised for the purposes of this clause by the secretary or other relevant office holder of the club, or
(b) in the case of a shooting range—a person authorised for the purposes of this clause by the holder of the approval of the range under Part 8.
(Repealed)
Any police officer who is in possession of a service firearm while the police officer is not on duty as a police officer is exempt from the requirement under the Act to be authorised by a licence or permit to possess the firearm during any such period.
The exemption under this clause is subject to the police officer complying with such guidelines as may be issued by the Commissioner with respect to the off-duty possession of service firearms by police officers.
In this clause:
A student police officer, or a person undertaking student police training through the New South Wales Police College, who possesses or uses a firearm is not, while acting in the ordinary course of the student’s or person’s duties or training, required to hold a licence or permit authorising possession or use of the firearm.
A custodial officer (however described) of the Commonwealth, or of another State or a Territory, who possesses or uses a firearm is not, while acting in the ordinary course of the officer’s duties, required to hold a licence or permit authorising possession or use of the firearm.
A licensed firearms dealer is exempt from the requirements of section 65A of the Act in respect of a sale of ammunition unless the ammunition is for a pistol.
Ammunition is considered to be for a pistol if:
(a) the ammunition is of a calibre that is generally used only in pistols, or
(b) the sale is to a person who is the holder of a licence or permit for a pistol (and is not the holder of a licence or permit for any other type of firearm that takes the ammunition).
A club armourer for a shooting club is exempt from the requirements of section 65A of the Act in respect of the sale of ammunition by the armourer at the premises of the club to a person (whether or not a member of the club), but only if it is a condition of the sale that the ammunition:
(a) is only used by the person at the premises of the club in a competitive shooting match conducted by the club on the day of the sale, and
(b) is not removed from those premises.
A person is not required to be authorised by a permit to possess or use an imitation of an antique firearm (other than an imitation of an antique revolver).
In this clause,
A person is not required to be authorised by a permit to acquire, supply (including advertise for supply), possess or use an imitation firearm that is a biathlon or modern pentathlon laser target shooting device if:
(a) the person is of or above the age of 18 years, and
(b) the person is or has been a participant, athlete, coach or official involved in a biathlon or modern pentathlon event, training session or competition, and
(c) the purpose of the acquisition, supply (including the advertisement for supply), possession or use is to enable the person to participate in the sport of biathlon or modern pentathlon.
A person is not required to be authorised by a permit to possess or use an imitation firearm that is a biathlon or modern pentathlon laser target shooting device if:
(a) the person is under the age of 18 years, and
(b) the person is or has been a participant, athlete, coach or official involved in a biathlon or modern pentathlon event, training session or competition, and
(c) the possession or use is under the supervision of a person referred to in subclause (1), and
(d) the purpose of the possession or use is to enable the person to participate in the sport of biathlon or modern pentathlon.
A parent, guardian or coach of a person referred to in subclause (2) is not required to be authorised by a permit to acquire or possess an imitation firearm that is a biathlon or modern pentathlon laser target shooting device if the purpose of the acquisition or possession is to enable the other person to participate in the sport of biathlon or modern pentathlon.
In this clause,
In this Part:
A person is exempt during the amnesty period from the possession restrictions of the Act in respect of a firearm or related article while in possession of the firearm or related article at a police station or participating dealer, or while proceeding to a police station or participating dealer, for the purposes of surrendering the firearm or related article.
In this clause,
This clause does not apply to a person who is subject to a firearms prohibition order or to a weapons prohibition order under the Weapons Prohibition Act 1998.
The surrender of a firearm or related article during the amnesty period does not constitute a supply of the firearm or related article.
The Commissioner may publish information and advice about how a person should go about surrendering a firearm or related article during the amnesty period.
A person is exempt during the amnesty period from the possession restrictions of the Act in respect of a firearm while in possession of the firearm at a participating dealer, or while proceeding to a participating dealer, for the purposes of supplying the firearm to the participating dealer.
Supply of a firearm can be by sale, gift or otherwise.
A person is exempt during the amnesty period from the supply restrictions of the Act in respect of the supply of a firearm to a participating dealer during the amnesty period.
This clause does not apply to a person who is subject to a firearms prohibition order.
A person is exempt during the amnesty period from the possession restrictions of the Act in respect of a firearm while in possession of the firearm at a participating dealer, or while proceeding to a participating dealer, for the purposes of applying for registration of the firearm during the amnesty period.
A person is exempt from the possession restrictions of the Act in respect of a firearm that the person has in the custody of a participating dealer from the time the firearm is taken into the custody of the participating dealer until an application for registration of the firearm is made, but only if the application is made within 24 hours after the firearm is taken into the custody of the participating dealer and is made during the amnesty period.
A person is exempt from the possession restrictions of the Act in respect of a firearm while an application for registration of the firearm made during the amnesty period is pending, but only if:
(a) the application is made by a participating dealer or by a person who holds an appropriate licence or permit for the firearm, or
(b) the application (referred to in this clause as an
unlicensed person application ) is made by a person in conjunction with an application by the person for an appropriate licence or permit for the firearm and at all times when those applications are pending the firearm is held in the custody of a participating dealer.
If an unlicensed person application is granted, the transfer of possession of the firearm to the applicant from the custody of the participating dealer in whose custody the firearm is held is deemed (for the purposes of provisions of the Act relating to the supply and acquisition of firearms) to constitute the supply of the firearm by the participating dealer and the acquisition of the firearm by the applicant.
This requires the applicant to have a permit to acquire the firearm.
After a firearm has been registered in the name of a participating dealer pursuant to an application for registration made during the amnesty period, a person is exempt from the possession restrictions of the Act in respect of the firearm while the person has the firearm in the custody of the participating dealer during or after the end of the amnesty period.
An application is
An application can be pending after the end of the amnesty period so long as the application was made during the amnesty period.
This clause does not apply to a person who is subject to a firearms prohibition order.
In this clause:
A participating dealer is exempt from section 51A (Restrictions on acquiring firearms) of the Act during the amnesty period.
A participating dealer who comes into possession of an unregistered firearm that has been surrendered is exempt from the possession restrictions of the Act in respect of the firearm while complying in respect of the firearm with any directions of the Commissioner as to how a participating dealer must deal with such a firearm.
For the purposes of the definition of
For the purposes of the definition of
(a) an injunction under section 68B or 114 of the Family Law Act 1975 of the Commonwealth,
(b) a protection order under the Domestic and Family Violence Protection Act 1989 of Queensland,
(c) a restraining order under the Summary Procedure Act 1921 of South Australia,
(d) a domestic violence restraining order under the Domestic Violence Act 1994 of South Australia,
(e) a restraint order under the Justices Act 1959 of Tasmania,
(f) a family violence intervention order under the Family Violence Protection Act 2008 of Victoria,
(g) a restraining order under the Restraining Orders Act 1997 of Western Australia,
(h) a protection order under the Domestic Violence and Protection Orders Act 2001 of the Australian Capital Territory,
(i) a domestic violence order under the Domestic and Family Violence Act of the Northern Territory.
For the purposes of the definition of
(a) a temporary protection order under the Domestic and Family Violence Protection Act 1989 of Queensland,
(b) an interim restraint order under the Justices Act 1959 of Tasmania,
(c) an interim intervention order under the Crimes (Family Violence) Act 1987 of Victoria,
(d) an interim protection order under the Domestic Violence and Protection Orders Act 2001 of the Australian Capital Territory.
Except as provided by subclause (2), the firearms safety training courses that are prescribed for the purposes of the Act are as follows:
(a) for firearms other than pistols—the course known as the Firearms Licence Qualification Course or any other approved course conducted by or on behalf of an approved person or body,
(b) for pistols—an approved course conducted by or on behalf of an approved pistol club.
In the case of firearms to be used by security guards or employees of a government agency, an approved firearms safety accreditation course is prescribed for the purposes of the Act.
The relevant course to be completed by applicants in respect of particular categories of licences or types of permits is to be determined by the Commissioner.
The Commissioner may approve:
(a) persons to be instructors for such courses on such terms as the Commissioner may determine, and
(b) instructors to use registered firearms, that the instructor is authorised to use under a licence, for the purposes of conducting such courses.
A person approved as an instructor for any such course ceases to be so approved if the person ceases to be the holder of a licence or permit that authorises the person to possess firearms to which the course relates.
A person who:
(a) dishonestly attempts to obtain a certificate or any other document that purports to be evidence of the person having passed a firearms safety training course, or
(b) knowingly is in possession of any such certificate or other document that has been dishonestly obtained and attempts to use it, or uses it, for a dishonest purpose, or
(c) dishonestly issues any such certificate or other document,
is guilty of an offence.
Maximum penalty (subclause (6)): 20 penalty units.
For the purposes of section 54 (b) of the Act, the licence or permit number of the seller is prescribed in relation to an advertisement for the sale of a firearm.
The arrangements referred to in sections 51 (2) (a) and (2A) (a) and 51A (2) (a) of the Act for selling a firearm through a licensed firearms dealer are as follows:
(a) the sale must be conducted at the licensed firearms dealer’s place of business or at such other place as may be approved,
(b) the firearms dealer must make the same records in respect of the sale as the dealer would otherwise be required to make under section 45 of the Act.
For the purposes of sections 51 (2) (b) and (2A) (b) and 51A (2) (b) of the Act, a licensed firearms dealer is not reasonably available for the purposes of the sale or purchase of a firearm if the nearest location of a licensed firearms dealer’s place of business is more than 100 km from the ordinary place of residence of both the buyer and the seller.
For the purposes of section 56 of the Act, the following safety requirements are prescribed:
(a) the firearm must be stored in:
(i) a secured locked container secured to the vehicle, or
(ii) a locked compartment within the vehicle,
and must not be able to be seen while it is being conveyed,
(b) all reasonable precautions must be taken to ensure that the firearm is not lost or stolen while it is being conveyed.
For the purposes of section 57 of the Act, the following safety requirements are prescribed:
(a) the firearm must not be loaded with any ammunition while it is being conveyed, and it must be kept separate from any ammunition,
(b) while the firearm is being conveyed:
(i) it must be rendered temporarily incapable of being fired (eg by removing the bolt or the firing mechanism or by using a restraining device such as a trigger lock), or
(ii) it must be kept in a locked container that is properly secured to, or is within, the vehicle being used for transporting the firearm.
This clause does not apply to the following persons if, during the course of conveyance, there is a reasonable likelihood that the firearm will be required for the purpose of killing vermin or stock:
(a) a primary producer,
(b) an employee of a primary producer,
(c) a member of staff of the Department of Primary Industries, the Department of Environment and Conservation, Local Land Services or the Wild Dog Destruction Board.
This clause applies to the following:
(a) a category C, category D or category H licence,
(b) a firearms collector licence, firearms museum permit or RSL display permit that authorises the possession of any prohibited firearm or pistol,
(c) a permit that authorises the possession of any prohibited firearm or pistol (other than a permit under clause 50 authorising the possession of a firearm acquired as an heirloom).
The holder of a licence or permit to which this clause applies must, in accordance with a notice served on the holder by the Commissioner, ensure:
(a) that any prohibited firearm or pistol to which the licence or permit relates (other than a firearm that has been rendered permanently incapable of being fired in accordance with clause 34) is inspected at a reasonable time by a police officer or other approved person, and
(b) that a certificate of inspection by the person making the inspection is furnished to the Commissioner.
Maximum penalty: 20 penalty units.
(Repealed)
A person who is required to have a firearm inspected under this clause must, when the firearm is produced for inspection, also produce for inspection any barrel (whether or not it is a spare barrel) in the person’s possession that is capable of taking and discharging ammunition for the firearm.
The fee specified in clause 99 (1) (r) is payable for any inspection by a police officer under this clause.
The Commissioner may, by notice in writing served on a person who has possession of a firearm or a spare barrel that is capable of taking and discharging ammunition for that firearm, allot a number in respect of the firearm or spare barrel.
The Commissioner is not to allot such a number unless the Commissioner is of the opinion that there is no other unique number that could be used to sufficiently identify the firearm or spare barrel.
A person (including a licensed firearms dealer) must not have possession of a firearm or spare barrel in respect of which a number has been allotted by the Commissioner in accordance with this clause unless that number has been imprinted on it in the following manner:
(a) in the case of a firearm—by stamping or, with the approval of the Commissioner, by engraving the number in an exposed position on the firearm, or
(b) in the case of a spare barrel—by stamping or engraving the number on the outer surface,
in numerals not less than 2 mm in height on a metal part of the firearm or spare barrel.
Maximum penalty (subclause (3)): 20 penalty units.
A person does not commit an offence under subclause (3) in respect of having possession of a firearm:
(a) if the person did not know and had no reason to suspect that a number had been allotted by the Commissioner in respect of the firearm, or
(b) if the person, being a licensed firearms dealer, replaces a barrel that is so damaged or worn as to require its replacement, and all particulars as required in relation to that replacement are supplied in writing to the Commissioner within 24 hours of replacing it.
For the purposes of section 62 (2) of the Act, a firearm is to be considered as having been shortened only if:
(a) in the case of a firearm that is a smooth bore shotgun or a combination smooth bore shotgun and rifle:
(i) the length of the barrel, or, if it has more than one barrel, of the longer or longest barrel is less than 45 cm, or
(ii) the length of the stock is less than 30 cm or it has no stock, and
(b) in the case of a firearm that is a rifle, not being a combination smooth bore shotgun and rifle or an air gun:
(i) the length of the barrel or, if it has more than one barrel, of the longer or longest barrel is less than 40 cm, or
(ii) the length of the stock is less than 30 cm or it has no stock, or
(iii) the overall length is less than 80 cm, and
(c) in the case of a firearm that is an air gun:
(i) the length of the barrel is less than 30 cm, or
(ii) the length of the stock is less than 30 cm or it has no stock, or
(iii) the overall length is less than 70 cm.
For the purposes of this clause, the length of the stock of a firearm, if the firearm has one trigger, is to be measured from the front of the trigger or, if the firearm has more than one trigger, from the front of the rearmost trigger to the centre of the rear of the butt plate or stock.
In this clause,
This clause does not apply to such kinds of firearms as the Commissioner determines.
A person who is under the age of 14 years must not:
(a) buy, sell or otherwise transfer a spear gun, or
(b) use a spear gun, or
(c) carry or have a spear gun in the person’s possession.
Maximum penalty: 10 penalty units.
A person who is of or above the age of 12 years (but under the age of 14 years) does not commit an offence under subclause (1) (b) or (c) if the person is using, carrying or in possession of the spear gun while under the personal supervision of a person who is of or above the age of 18 years.
A person must not sell or otherwise transfer a spear gun to a person under the age of 14 years.
Maximum penalty: 20 penalty units.
In this clause:
The following decisions are prescribed for the purposes of section 75 (1) (g) of the Act:
(a) a decision of the Commissioner under clause 35 refusing an application to change the premises to which a firearms dealer licence relates,
(b) a decision of the Commissioner under Part 8 refusing or failing to grant an approval under that Part,
(c) a decision of the Commissioner under Part 8 imposing conditions on an approval under that Part (or varying any such condition),
(d) a decision of the Commissioner under Part 8 revoking an approval under that Part,
(e) a decision of the Commissioner under Part 9 refusing or failing to grant an approval under that Part,
(f) a decision of the Commissioner under Part 9 imposing conditions on an approval under that Part,
(g) a decision of the Commissioner under Part 9 revoking an approval under that Part.
The persons who may make an application to the Civil and Administrative Tribunal under section 75 (1) (g) of the Act in relation to the decisions referred to in subclause (1) (e)–(g) are limited to a secretary or other relevant office holder of the club concerned.
A person must not enter a shooting range unless the person:
(a) is the owner or occupier of the shooting range or has the permission of the owner or occupier to enter the range, or
(b) does so with a reasonable excuse or for a lawful purpose.
Maximum penalty: 50 penalty units.
(Repealed)
Each offence created by a provision specified in Column 1 of Schedule 1 is a prescribed offence for the purposes of section 85A of the Act.
The penalty specified in Column 2 of Schedule 1 opposite any such provision specified in Column 1 of that Schedule is the amount of penalty prescribed for the offence concerned if dealt with under section 85A of the Act.
Any act, matter or thing that had effect under the Firearms (General) Regulation 1997 immediately before the repeal of that Regulation is taken to have effect under this Regulation.
Without limiting subclause (1):
(a) any permit issued by the Commissioner under a provision of the repealed Regulation and in force immediately before the repeal of that Regulation is taken to be a permit in force under the corresponding provisions of this Regulation, and
(b) any approval granted by the Commissioner under a provision of the repealed Regulation and in force immediately before its repeal is taken to be an approval in force under corresponding provisions of this Regulation.
(Clause 133A)
Column 1 | Column 2 |
Section 45 (3) | 220 |
Section 47 (1) | 550 |
Section 47 (4) | 550 |
Section 59 | 220 |
Section 68 | 550 |
Section 69 | 550 |
Clause 12 | 220 |
Clause 14 | 550 |
Clause 15 | 220 |
Clause 16 | 550 |
Clause 28 (4) | 220 |
Clause 30 | 220 |
Clause 97 | 220 |
Clause 105 | 220 |
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