Firearms Regulation 2017 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)

See also—

Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020

Part 1Preliminary1Name of Regulation

This Regulation is the Firearms Regulation 2017.

2Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Firearms Regulation 2006, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation—

government agency means a Public Service agency (within the meaning of the Government Sector Employment Act 2013) or public authority.

local consent authority, in relation to any premises or place, means—

  • (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.

pistol club means a shooting club that conducts or organises approved pistol shooting competitions.

security guard means a person who—

  • (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.

shooting range includes a moveable shooting range.

the Act means the Firearms Act 1996.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2018 No 44, Sch 2.4 [1]; 2021 (314), Sch 1[1].

4Things declared not to be firearms

The following are declared not to be firearms for the purposes of the Act—

  • (a)

    a tool or device that is used to drive a stud, pin, dowel, screw, rivet, spike or other object against, into or through a substance by means of an explosive,

  • (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).

Part 2Licences and permits—general provisions5Offences that disqualify applicants(1)

For the purposes of sections 11 (5) (b) and 29 (3) (b) of the Act, the following offences are prescribed—

  • (a)Offences relating to firearms or weapons

    An offence relating to the possession or use of a firearm or any other weapon, or a firearm part or ammunition, 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, being an offence in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $2,200 or more, and 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 relating to public order or involving assaults against law enforcement officers

    Any of the following—

    • (i)

      an offence under Division 8A of Part 3 of the Crimes Act 1900,

    • (ii)

      an offence under Division 1 of Part 3A of the Crimes Act 1900,

    • (iii)

      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) or (ii),

    • (iv)

      an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii).

  • (d)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 on a person in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $500 or more, 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 subparagraph (ii) or (iii).

  • (e)Offences of a sexual nature

    An offence of a sexual nature, being—

    • (i)

      an offence under Division 10, 10A or 10B of Part 3 of the Crimes Act 1900, or

    • (ii)

      an offence under section 38, 38A, 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).

  • (f)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 included a term of imprisonment (whether or not suspended) for 3 months or more, a community service order for 100 hours or more of community service work, or a good behaviour bond.

  • (g)Offences involving robbery

    An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

  • (h)Offences relating to riot

    An offence under section 93B of the Crimes Act 1900 or any similar offence 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).

  • (i)Offences relating to affray

    An offence under section 93C of the Crimes Act 1900 or any similar offence 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).

  • (j)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).

  • (k)Offences involving organised criminal groups, consorting and recruitment

    An offence—

    • (i)

      committed under section 93T, 93X or 351A of the Crimes Act 1900, or

    • (ii)

      committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(1A)

In subclause (1)—

  • (a)

    a reference to a good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in NSW, and

  • (b)

    a reference to a term of imprisonment (whether or not suspended) includes a reference to an intensive correction order, but only if it was imposed in NSW.

(2)

For the purposes of sections 11 (5) (d) and 29 (3) (d) of the Act, the following offences are prescribed in respect of a person subject to a good behaviour bond—

  • (a)

    an offence referred to in subclause (1) (a), (c), (e) or (g)–(k),

  • (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 2008, 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.

(3)

For the purposes of sections 11(5)(d) and 29(3)(d) of the Act, the following offences are prescribed in respect of a person subject to a community correction order or a conditional release order—

  • (a)

    an offence referred to in subclause (1)(a), (c), (e) or (g)–(k),

  • (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 2008,

  • (c)

    an offence involving any of the following—

    • (i)

      the infliction of actual bodily harm on a person,

    • (ii)

      kidnapping or abduction,

    • (iii)

      stalking or intimidation,

    • (iv)

      fraud, dishonesty or stealing,

  • (d)

    an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in paragraph (c)(i)–(iii).

cl 5: Am 2019 No 20, Sch 1.12[1]–[3].

6Restriction on authority conferred by category H licence(1)

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.

Note—

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.

(2)

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.

Note—

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).

7

(Repealed)

cl 7: Rep 2021 (314), Sch 1[2].

8Term of licence(1)

In making an application for a category A, B, C, D (other than a category D licence referred to in the Act, section 21(2)) or H licence, or for a firearms collector licence that is to be part of a composite licence, the applicant may apply for a licence that will be in force for a period of 2 years (as an alternative to a period of 5 years).

(2)

For the purposes of section 21 (1) of the Act, the period of 2 years is prescribed in relation to any such licence.

(3)

A composite licence is a licence that authorises the licensee to possess firearms to which more than one category of licence applies.

(3A)

In making an application for a category D licence referred to in the Act, section 21(2), the applicant may apply for a licence for a period of 12 months, 2 years or 5 years.

(4)

This clause does not apply to a provisional pistol (business/employment) licence or a probationary pistol licence.

Note—

See section 21 of the Act for the period for which a licence referred to in subclause (4) is in force.

cl 8: Am 2022 No 19, Sch 2[1]–[3].

9Certification of requirements relating to safe keeping of firearms(1)

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.

(2)

The Commissioner may refuse to issue a permit to acquire a firearm unless the applicant has certified in the permit application that the applicant has arrangements in place for meeting the requirements of the Act and this Regulation in relation to the safe keeping of the firearm.

10Fingerprinting of applicants to confirm identity in particular cases(1)

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.

(2)

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 reasonably available in the circumstances.

(3)

The Commissioner is to ensure that any fingerprints that are obtained in accordance with a requirement under this clause, and any copies of them, are destroyed as soon as they are no longer needed in connection with the application to which they relate.

(4)

As soon as practicable after any fingerprints (or any copies of them) are destroyed in accordance with this clause, the Commissioner is to notify the applicant in writing that those fingerprints (and those copies, if any) have been destroyed.

11Mandatory grounds for refusal of permit for pistol(1)

The Commissioner must refuse to issue a permit authorising the possession or use of a 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).

(2)

However, subclause (1) 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.

(3)

If the Commissioner issues a permit pursuant to subclause (2) authorising a person to possess or use a pistol for a purpose referred to in subclause (2), the Commissioner must revoke any licence or permit that authorises the person to possess or use a rifle or shotgun.

12Discretionary grounds for refusal of permit(1)

The Commissioner may refuse to issue a permit to a person unless the person has successfully completed such firearms training and safety courses as the Commissioner considers to be appropriate in respect of the permit concerned.

(2)

The Commissioner may 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 the protection of any other person or for the protection of property.

13Lost, stolen or destroyed licence or permit

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 of that occurrence in writing or in such other manner as may be approved.

Maximum penalty—20 penalty units.

14Application for duplicate licence or permit(1)

The Commissioner may, on being satisfied that a licence or permit has been lost, stolen, destroyed, defaced or mutilated, and after payment of the relevant fee specified in Part 11, issue a duplicate licence or permit.

(2)

(Repealed)

cl 14: Am 2021 (314), Sch 1[3].

15Requirement to notify Commissioner if reason for possessing firearm ceases(1)

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 after becoming aware that the licensee has ceased to have that genuine reason, notify the Commissioner of that fact in writing or in such other manner as may be approved.

Maximum penalty—50 penalty units.

(2)

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 after becoming aware that the permit holder has ceased to have that legitimate reason, notify the Commissioner of that fact in writing or in such other manner as may be approved.

Maximum penalty—50 penalty units.

(3)

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.

16Requirement to notify change of particulars other than address(1)

The holder of a licence or permit must, if there is any change in a particular (for example, the name of the holder) stated in the licence or permit—

  • (a)

    notify the Commissioner, in writing or in such other manner as may be approved, 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.

(2)

This clause extends to a change in the genuine reason for which the person was issued with a licence (including the removal of a genuine reason or the inclusion of an additional genuine reason).

(3)

This clause does not apply to a change in a licensee’s or permit holder’s place of residence.

Note—

Section 69 of the Act already requires the holder of a licence or permit to provide particulars of his or her change of address.

17Requirement to notify Commissioner of address where firearms are kept(1)

The holder of a licence or permit must, within 14 days after acquiring any firearm, give the Commissioner a notice in writing or in such other manner as may be approved—

  • (a)

    specifying the address of the premises on which the firearm is to be kept when not actually being used, and

  • (b)

    specifying particulars of the arrangements that have been made by the licence or permit holder for the safe keeping and storage of the firearm on those premises, and

  • (c)

    certifying in the approved form that those arrangements comply with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm.

Maximum penalty—50 penalty units.

(2)

Subclause (1) does not apply if the licence or permit holder has already provided the information and certificate referred to in that subclause to the Commissioner in connection with the application for the permit to acquire the firearm concerned.

(3)

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, give the Commissioner notice in writing or in such other manner as may be approved—

  • (a)

    specifying the address of the new premises on which the firearm is to be kept when not actually being used, and

  • (b)

    specifying particulars of the arrangements that have been made by the licence or permit holder for the safe keeping and storage of the firearm on those premises, and

  • (c)

    certifying that those arrangements comply with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm.

Maximum penalty—50 penalty units.

(4)

Subclause (3) 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.

18Renewal of licence or permit(1)

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 subsequent licence or permit).

(2)

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 that the licence or permit is due to expire on a specified date.

19Pending application for subsequent licence or permit(1)

If a person’s application for a subsequent licence or permit is made before the person’s current licence or permit expires but has not been dealt with before the current licence or permit expires, the authority conferred by the current licence or permit continues until such time as the person is notified of the issue of, or refusal of, the subsequent licence or permit.

(2)

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 current licence or permit ceases to have effect.

20Revocation of licence—licence not in the public interest

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.

21Revocation of permit—additional reasons(1)

A permit may be revoked by the Commissioner if—

  • (a)

    the Commissioner is satisfied that it is not in the public interest for the permit holder to continue to hold it, or

  • (b)

    the Commissioner is satisfied that the permit holder no longer has a legitimate reason for possessing or using the firearm or the ammunition to which the permit relates, or

  • (c)

    the permit holder becomes subject to an apprehended violence order.

(2)

The Commissioner may revoke a permit for any reason for which the permit holder would be required to be refused a permit of the same kind.

Note—

A permit that authorises a person to possess or use a firearm is automatically revoked if the holder of the permit becomes subject to a firearms prohibition order—see the Act, section 30(3A).

cl 21: Am 2021 (314), Sch 1[4] [5].

22Application for permit—proof of identity(1)

The Commissioner must refuse to issue a permit unless the applicant provides proof of his or her identity in accordance with the requirements under the Financial Transaction Reports Act 1988 of the Commonwealth that apply in respect of the opening of a bank account.

(2)

This clause does not apply in respect of the issue of a permit to a person who is currently the holder of a licence or permit under the Act.

23Photographs on permits(1)

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.

(2)

The photograph is to be obtained in accordance with arrangements determined by the Commissioner.

24Term of permit

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.

25Conditions of permit(1)

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.

(2)

A permit is subject to such conditions concerning the safe storage of the firearm to which the permit relates as may be determined by the Commissioner.

(3)

All permits are subject to the condition that they cannot be transferred to another person.

(4)

The holder of a permit must comply with any conditions to which the permit is subject.

Maximum penalty—50 penalty units.

26Recognition of interstate licences(1)

For the purposes of section 26 (1) of the Act, this clause prescribes purposes for which a resident of another State or Territory who holds a recognised licence is authorised to possess or use a firearm (in addition to the purpose of enabling the person to participate in a shooting competition approved by the Commissioner).

(2)

If the recognised licence is equivalent to a category A or category B licence, the person is authorised to possess or use a relevant firearm for the following additional purposes—

  • (a)

    any purpose established by the licensee (for the purposes of the recognised licence) as being the genuine reason for possessing or using the firearm,

  • (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.

(3)

If the recognised licence is equivalent to a category H licence, the person is authorised to possess or use a relevant firearm for the following additional purposes—

  • (a)

    practising in connection with a shooting competition approved by the Commissioner,

  • (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.

(4)

A resident of another State or Territory who is the holder of a recognised licence is exempt from the requirements of section 7 or 7A of the Act to be authorised to possess (but not use) a relevant firearm—

  • (a)

    while taking the firearm out of New South Wales after acquiring it from a licensed firearms dealer in New South Wales, or

  • (b)

    while travelling with the firearm through New South Wales, or

  • (c)

    while taking the firearm to a licensed firearms dealer in New South Wales for the purposes of selling the firearm or having it repaired, serviced or modified.

(5)

A resident of another State or Territory who—

  • (a)

    is licensed under the law of that other State or Territory 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.

(6)

In this clause—

recognised licence means a licence issued under the law in force in another State or Territory that is equivalent to a category A, category B or category H licence issued in this State.

relevant firearm means a firearm to which a category A, category B or category H licence issued in this State, that is equivalent to the recognised licence, applies.

27Licences or permits held by government agencies and their employees(1)

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 (licensed employees), 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 licensed employees when not in the possession of licensed employees while 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 a licensed employee, and

  • (c)

    not allow any firearm in the agency’s possession 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)

    notify the Commissioner within 7 days in writing or in such other manner as may be approved if any licensed employee (unless employed on a casual basis) ceases to be employed in or by the agency, and

  • (e)

    ensure that each firearm that is used by any licensed employee is inspected once every 3 months by some competent person to ascertain its working condition, and

  • (f)

    cause each such firearm to be serviced at least once a year by a licensed firearms dealer.

Maximum penalty—50 penalty units.

(2)

A licensed employee 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 employee is authorised to retain possession of the firearm in accordance with subclause (4).

Maximum penalty—50 penalty units.

(3)

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 (such as in the case where the person was required to travel unexpectedly in connection with the person’s employment).

(4)

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.

(5)

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 licensed employee to return the firearm to the employer’s store of firearms, and

  • (b)

    the firearm will be stored in accordance with the requirements of Part 4 of the Act.

(6)

A licensed 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 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.

(7)

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.

(8)

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.

(9)

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 least annually, such continuing firearms safety training courses as may be approved.

Maximum penalty—20 penalty units.

(10)

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.

(11)

Clause 80 (Special conditions on licence issued to armed security guard) applies to licensed employees in the same way as that clause applies to security guards.

(12)

Clause 82 (Requirements relating to carriage of pistols and shotguns) applies, in the same way as that clause applies to armed 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.

(13)

Clause 87 (Registers to be kept by security guard employers) applies to government agencies and their licensed employees in the same way as that clause applies to security firms and their employees.

28Direct supervision of provisional pistol (business/employment) licensees

For the purposes of section 16C (2) (d) of the Act, the holder of a provisional pistol (business/employment) licence (the provisional licensee) is under the direct supervision of a natural person referred to in that paragraph (the competent person) if—

  • (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.

28ALicences and permits extend to authorise sighting in, patterning and related activities(1)

The authority conferred by a licence or permit that authorises the use of a firearm by a person extends to include the use of a firearm by the person for the purposes of any of the following activities—

  • (a)

    sighting in the firearm (including sight alignment and including patterning of a shotgun),

  • (b)

    tuning of the firearm (including the adjusting or aligning of a shotgun),

  • (c)

    familiarisation with or testing of ammunition,

  • (d)

    practising on stationary targets (or moving targets in the case of a shotgun) but only for the purposes of an activity referred to in paragraphs (a)–(c).

(2)

This clause authorises the use of a firearm on any land on which use of the firearm is not otherwise unlawful and is not limited to use at an approved shooting range.

(3)

This clause does not authorise—

  • (a)

    the use of a firearm to participate in shooting activities conducted by a shooting club at an approved shooting range except the specific 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, or

  • (c)

    the use of a pistol in a way that is not otherwise authorised by or under the Act.

(4)

For the removal of doubt, this clause does not prevent a person who is the holder of a licence or permit from using a firearm at an approved shooting range pursuant to the exemption conferred by section 6B of the Act.

cl 28A (previously cl 33): Renumbered 2021 (314), Sch 1[6]. Am 2021 (314), Sch 1[7].

28BRequirements relating to safety and storage(1)

The holder of a licence or permit must not store a firearm in a dwelling unless it is an inhabited dwelling.

Maximum penalty—50 penalty units if it is established beyond reasonable doubt that the firearm concerned was a prohibited firearm or pistol, or 20 penalty units in any other case.

(2)

The holder of a licence or permit must not store a firearm on premises other than a dwelling unless—

  • (a)

    the premises are in a proximity to an inhabited dwelling that allows the premises to be easily observed by the holder of the licence or permit, or by a person on behalf of the holder of the licence or permit, from the inhabited dwelling, or

  • (b)

    the holder is a licensed firearms dealer and the premises are commercial premises from which the holder carries on the business of, or at which the holder carries on activities as, a firearms dealer, or

  • (c)

    the requirements of subclause (3) are complied with.

Maximum penalty—50 penalty units if it is established beyond reasonable doubt that the firearm concerned was a prohibited firearm or pistol, or 20 penalty units in any other case.

(3)

For the purposes of subclause (2)(c), the requirements are as follows—

  • (a)

    the firearm must be—

    • (i)

      stored in a safe of an approved type, and

    • (ii)

      fitted with a trigger or barrel lock that prevents the firearm from being discharged, and

    • (iii)

      secured individually on, or in, a locked device within the safe,

  • (b)

    the safe must be fitted with an alarm of an approved type that is monitored off-site,

  • (c)

    the premises on which the firearm is stored must have an intruder alarm and duress facilities that are monitored off-site and are of an approved type.

(4)

In this clause—

inhabited dwelling, in relation to the storage of a firearm by the holder of a licence or permit, means—

  • (a)

    a dwelling that is the principal place of residence of a person, whether or not the person is the holder of the licence or permit, or

  • (b)

    a dwelling at which a person resides while the firearm is stored there, whether or not the person is the holder of the licence or permit.

permit means a permit that authorises the possession of a firearm.

cl 28B: Ins 2021 (314), Sch 1[8].

Part 3Licences—additional provisions29Sport/target shooting

A licence that is issued for the genuine reason of sport/target shooting is subject to the following conditions (in addition to any other conditions to which the licence is subject)—

  • (a)

    the licensee must comply with any applicable requirements of Part 10 (Participation requirements for club members),

  • (b)

    the licence does not authorise the use of a firearm except at a shooting range approved under Part 8.

cl 29: Am 2021 (314), Sch 1[9].

30Recreational hunting/vermin control—persons who are not members of approved hunting clubs(1)

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 permission to shoot on rural land, the applicant must produce with the application as evidence of the permission—

  • (a)

    written permission to shoot on the land, or

  • (b)

    a statutory declaration verifying that permission to shoot on the land has been given.

(2)

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 the licensee has the permission of the owner or occupier of that other land (or of an officer of the agency concerned) to shoot on that other land.

(3)

Any permission to shoot on rural land (including any statutory declaration verifying that permission has been given) must describe the land to which the permission relates and the type of game to be shot.

(4)

If a licensee has 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 for inspection by the police officer or authorised officer, as evidence of the permission, written permission or a statutory declaration by the person verifying that permission has been given, or

  • (b)

    if it is not in the licensee’s immediate possession—produce that evidence 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.

(5)

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.

(6)

The Commissioner may approve alternative means for producing evidence of permission to shoot on rural land for the purposes of this clause and producing evidence by any such approved alternative means satisfies a requirement of this clause for the production of that evidence.

(7)

In this clause—

authorised officer, in relation to rural land on which permission to shoot has been given, means an officer of the relevant agency (as referred to in the genuine reason of recreational hunting/vermin control) that has the care, control or management of the land.

31Recreational hunting/vermin control—approved hunting clubs

A licence that is issued for the genuine reason of recreational hunting/vermin control is subject to the condition that the licensee must comply with any applicable requirements of Part 10 (Participation requirements for club members).

Note—

Participation requirements for club members only apply if membership of the club is the sole ground on which the licensee has established that genuine reason.

32Members of approved hunting clubs—restriction on authority conferred by licence(1)

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 possess and use a firearm—

  • (a)

    to participate in shooting activities conducted by the approved hunting club, but only on rural land on which the club has permission to shoot given by the owner or occupier of the land or by an authorised officer, or

  • (b)

    to participate in shooting activities other than those conducted by the approved hunting club, but only on rural land on which the licensee has permission to shoot given by the owner or occupier of the land or by an authorised officer.

(2)

If an approved hunting club has 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 to the officer who made the demand or to another police officer or authorised officer nominated by the officer as soon as practicable (but not more than 48 hours) after the demand is made, as evidence of the permission, written permission or a statutory declaration by the person verifying that permission has been given.

Maximum penalty—20 penalty units.

(3)

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 for inspection by the police officer or authorised officer, as evidence of the permission, written permission or a statutory declaration by the person verifying that permission has been given, or

  • (b)

    if it is not in the licensee’s immediate possession—produce that evidence 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—20 penalty units.

(4)

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.

(5)

Any permission to shoot on rural land (including any statutory declaration verifying that permission has been given) must describe the land to which the permission relates and the type of game to be shot.

(6)

The Commissioner may approve alternative means for producing evidence of permission to shoot on rural land for the purposes of this clause and producing evidence by any such approved alternative means satisfies a requirement of this clause for the production of that evidence.

(7)

In this clause—

authorised officer, in relation to rural land on which permission has been given to shoot, means an officer of the relevant agency (as referred to in the genuine reason of recreational hunting/vermin control) that has the care, control or management of that land.

33

(Renumbered as clause 28A)

(Renumbered as clause 28A)

cl 33: Renumbered as cl 28A, 2021 (314), Sch 1[6].

34Recreational hunting/vermin control—prescribed authority

The Regulatory Authority within the meaning of the Game and Feral Animal Control Act 2002 is prescribed as an authority for the purposes of the genuine reason of recreational hunting/vermin control.

35Vertebrate pest animal control—prescribed government agencies

The following government agencies are prescribed for the purposes of the genuine reason of vertebrate pest animal control—

  • (a)

    the Department of Planning and Environment,

  • (b)

    the Department of Regional NSW,

  • (c)

    Local Land Services,

  • (d)

    Border Fence Maintenance Board.

cl 35: Am 2021 (314), Sch 1[10]; 2022 No 19, Sch 2[4].

36Firearms collections(1)

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 comply with any applicable requirements of Part 10 (Participation requirements for club members).

(2)

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.

(3)

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.

(4)

Despite subclauses (2) and (3), 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.

(5)

For the purposes of subclauses (2) and (3), 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.

(6)

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.

(7)

The standards set out in subclause (6) are in addition to the requirements of section 39 of the Act.

(8)

The authority conferred by a firearms collector licence extends to authorise the display of firearms in a firearms collection at a meeting of an approved collectors’ society or club.

Note—

A firearms collector licence also authorises the exhibition of firearms in a firearms collection at an arms fair conducted pursuant to an arms fair permit under Part 6.

37Arrangements for inspection of firearms

A licensee must make all reasonable efforts to accommodate any reasonable request by the Commissioner to enter an arrangement under section 19 (2) (c) of the Act.

Maximum penalty—50 penalty units.

38

(Repealed)

cl 38: Rep 2021 (314), Sch 1[11].

Part 4Firearms dealers—special provisions39Additional restrictions in relation to issuing firearms dealer licences(1)

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 as a genuine commercial enterprise at those premises, and

  • (b)

    those premises are suitable for carrying on the business of a firearms dealer, and

  • (c)

    any consent or approval of the local consent authority that is required for the use of the premises for the purposes of the business of a firearms dealer has been granted.

(2)

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.

(3)

This clause does not apply to the issue of a firearms dealer licence for a club armourer or theatrical armourer.

40Theatrical armourers(1)

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, with supervision to be as required by clause 156.

(2)

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.

(3)

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 the register and make copies of any entry in it.

Maximum penalty—50 penalty units.

41Authority conferred by firearms dealer licence extends to certain employees(1)

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, and

  • (c)

    the employee is, at all times when acting under the authority of a firearms dealer licence, supervised by the firearms dealer or by an employee of the firearms dealer who is over the age of 18 years and to whom the authority conferred by the firearms dealer’s licence extends.

(2)

If the business premises of a licensed firearms dealer are situated within 50 kilometres of another State or Territory, the authority conferred by the firearms dealer 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.

42Offences that prevent persons from being involved in firearms dealing business(1)

For the purposes of section 44A (3) (b) of the Act, the following offences are prescribed—

  • (a)Offences relating to firearms or weapons

    An offence relating to the possession or use of a firearm or any other weapon, or a firearm part or ammunition, 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, being an offence in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $2,200 or more, and 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 relating to public order or involving assaults against law enforcement officers

    Any of the following—

    • (i)

      an offence under Division 8A of Part 3 of the Crimes Act 1900,

    • (ii)

      an offence under Division 1 of Part 3A of the Crimes Act 1900,

    • (iii)

      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) or (ii),

    • (iv)

      an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii).

  • (d)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 on a person in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $500 or more, 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 subparagraph (ii) or (iii).

  • (e)Offences of a sexual nature

    An offence of a sexual nature, being—

    • (i)

      an offence under Division 10, 10A or 10B of Part 3 of the Crimes Act 1900, or

    • (ii)

      an offence under section 38, 38A, 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).

  • (f)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 included a term of imprisonment (whether or not suspended) for 3 months or more, a community service order for 100 hours or more of community service work, or a good behaviour bond.

  • (g)Offences involving robbery

    An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

  • (h)Offences relating to riot

    An offence under section 93B of the Crimes Act 1900 or any similar offence 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).

  • (i)Offences relating to affray

    An offence under section 93C of the Crimes Act 1900 or any similar offence 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).

  • (j)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).

  • (k)Offences involving organised criminal groups, consorting and recruitment

    An offence—

    • (i)

      committed under section 93T, 93X or 351A of the Crimes Act 1900, or

    • (ii)

      committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(1A)

In subclause (1)—

  • (a)

    a reference to a good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in NSW, and

  • (b)

    a reference to a term of imprisonment (whether or not suspended) includes a reference to an intensive correction order, but only if it was imposed in NSW.

(2)

For the purposes of section 44A (3) (e) of the Act, the following offences are prescribed in respect of a person subject to a good behaviour bond—

  • (a)

    an offence referred to in subclause (1) (a), (c), (e) or (g)–(k),

  • (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 2008, 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.

(3)

For the purposes of section 44A(3)(e) of the Act, the following offences are prescribed in respect of a person subject to a community correction order or a conditional release order—

  • (a)

    an offence referred to in subclause (1)(a), (c), (e) or (g)–(k),

  • (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 2008,

  • (c)

    an offence involving any of the following—

    • (i)

      the infliction of actual bodily harm on a person,

    • (ii)

      kidnapping or abduction,

    • (iii)

      stalking or intimidation,

    • (iv)

      fraud, dishonesty or stealing,

  • (d)

    an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in paragraph (c)(i)–(iii).

cl 42: Am 2019 No 20, Sch 1.12[1] [2] [4].

43Requirement for public liability insurance

A licensed firearms dealer who conducts the business of a firearms dealer at retail premises that are open to the public must obtain and maintain an insurance policy that is in an approved form and that provides cover for public liability incurred in connection with the carrying on of the business of a firearms dealer, being a policy that provides for cover for an amount of not less than $10,000,000.

Maximum penalty—50 penalty units.

44Change of premises(1)

The holder of a firearms dealer licence may apply to the Commissioner to change the premises to which the licence relates.

(2)

Any such application is to be made in the approved form and be accompanied by the relevant fee specified in Part 11 for inspecting the new premises.

(3)

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.

(4)

The application may be refused on any of the grounds on which an application for a firearms dealer licence may be refused.

(5)

If the application is approved, the Commissioner is to issue a replacement licence to give effect to the change of premises to which the licence relates.

45Recording of firearms and parts transactions

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.

46Recording of ammunition transactions

For the purposes of section 45A (2) (e) and (3) (b) of the Act, the record of each supply and of each acquisition of ammunition by a licensed firearms dealer must contain the following particulars—

  • (a)

    the quantity of ammunition supplied or acquired,

  • (b)

    the name of the manufacturer (or the brand) of the ammunition and a full description of the calibre of the ammunition.

47Storage of ammunition

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.

48Requirement to check stock on arrival

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 after the delivery.

Maximum penalty—50 penalty units.

49Inspection of certain firearms(1)

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.

(2)

A licensed firearms dealer must comply with any such requirement.

Maximum penalty—50 penalty units.

50Advertising by licensed firearms dealers

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.

51Notice of unidentified firearms or barrels

A licensed firearms dealer who acquires possession of a firearm or firearm barrel that is not numbered (or is not numbered clearly) must notify the Commissioner in writing or in such other manner as may be approved of the possession of the firearm or barrel within 7 days after acquiring it.

Maximum penalty—50 penalty units.

52Death of firearms dealer(1)

Following the death of a licensed firearms dealer (the dealer), the person responsible for the dealer’s business must—

  • (a)

    notify a police officer of the death of the dealer as soon as practicable (and in any event within 14 days) after the person becomes the person responsible for the dealer’s business, and

  • (b)

    permit access by a police officer at any reasonable time to the premises on which the dealer’s business was carried on (the dealer’s business premises), and

  • (c)

    permit access by a police officer at any reasonable time to any records kept by the dealer for the purposes of the Act and allow the police officer to make copies of any such records, and

  • (d)

    make any firearm, firearm part or ammunition on the dealer’s business premises available for inspection by a police officer at the dealer’s business premises at any reasonable time, and

  • (e)

    comply with any direction of a police officer for ensuring the safe keeping and proper storage in accordance with the Act of any firearm, firearm part or ammunition on the dealer’s business premises.

Maximum penalty—50 penalty units.

(2)

The person responsible for the dealer’s business is the executor or administrator of the estate of the dealer or any other person who takes control of the dealer’s business or possession of the dealer’s business premises following the death of the dealer.

(3)

A person is not required to notify the death of the dealer as required by this clause if another person has notified the death in compliance with this clause.

Part 5Minors’ firearms permits—special provisions53Minor’s firearms permit—minimum age

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.

54Minor’s firearms permit—continuation of authority past 18th birthday

For the purposes of section 32 (8) of the Act, the period of 3 months is prescribed.

55Recognition of interstate minor’s firearms permits(1)

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.

(2)

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.

(3)

A person to whom this clause applies is not authorised to use a firearm unless the person is under the supervision of another person who is authorised to use that firearm with supervision of the person to be as required by clause 156.

56Exemption relating to probationary pistol licences

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.

Part 6Additional types of permits57Permit to acquire non-prohibited firearm when leaving Australia(1)

The Commissioner may, on application by a person who is about to leave Australia, issue a permit authorising the person to acquire a firearm other than a prohibited firearm.

(2)

The Commissioner must not issue a permit under this clause unless satisfied that the applicant is about to leave Australia.

(3)

A permit under this clause—

  • (a)

    authorises the holder of the permit to acquire and possess the firearm to which the permit relates but only authorises possession of the firearm by having the firearm in the custody of a licensed firearms dealer or customs authority, and

  • (b)

    does not authorise the holder of the permit to use the firearm, and

  • (c)

    remains in force, unless sooner surrendered or revoked, until the expiration of 7 days from the date of its issue.

(4)

In this clause, customs authority means a person exercising functions under the Customs Act 1901 of the Commonwealth.

58Heirloom permit(1)

The Commissioner may, on application by a person who has acquired a firearm as an heirloom, issue a permit (an heirloom permit) authorising the person to possess the firearm.

(2)

The Commissioner must not issue an heirloom permit unless the Commissioner is satisfied that the firearm concerned—

  • (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.

(3)

An heirloom permit authorises the holder of the permit to possess, but not use, a firearm to which it relates.

(4)

An heirloom permit does not authorise the possession of any ammunition.

(5)

A person cannot hold more than one heirloom permit at any one time and an heirloom permit cannot authorise possession of more than 3 firearms (with a matched pair of firearms considered to be single firearm for this purpose).

59Museum firearms permit(1)

The Commissioner may, on application by a person on behalf of a public museum containing a collection of firearms, issue a permit (a museum firearms permit) authorising the possession of those firearms and any related ammunition by the person.

(2)

A museum firearms permit authorises the permit holder and an authorised museum officer to possess the firearms and ammunition 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.

(3)

The Commissioner must not issue a museum firearms permit unless the applicant can demonstrate that the collection of firearms contained in the public museum has a genuine commemorative, historical, thematic or financial value.

(4)

A museum firearms permit is subject to the following conditions—

  • (a)

    any pistol or any prohibited firearm that is part of the collection must be rendered permanently inoperable,

  • (b)

    any other 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,

  • (c)

    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 and ammunition in the collection and the facilities for the storing and safe keeping of those firearms and ammunition,

  • (c1)

    in the case of ammunition to which the permit applies, the conditions set out in clause 74(3),

  • (d)

    such conditions as may be imposed by the Commissioner concerning the security of the public museum and the storage of the firearms and ammunition in the collection.

(5)

Any special arrangements approved under subclause (4) (b) do not operate so as to allow the actual firing of the firearm concerned.

(5A)

Subclause (4)(a) does not require pistols or prohibited firearms that are part of, or become part of, the collection of a public museum to be rendered permanently inoperable if—

  • (a)

    the public museum holds a museum firearms permit for the collection, and

  • (b)

    the Commissioner has, by notice in writing, granted the permit holder an exemption under this paragraph (a museum exemption).

(5B)

The Commissioner may grant a museum exemption if satisfied that it is reasonable in the circumstances.

(5C)

The museum exemption may be granted unconditionally or subject to conditions and may be amended or revoked at any time.

(5D)

The Commissioner may revoke the museum exemption if satisfied the exemption is no longer reasonable in the circumstances.

(5E)

Subclause (4)(b) applies to any pistol or any prohibited firearm that is part of the collection of the public museum at any time during which a museum exemption is in force in respect of the museum.

(6)

In this clause—

authorised museum officer means a person who—

  • (a)

    is employed in, or who is otherwise engaged in the operation of, the public museum, and

  • (b)

    has been nominated by the permit holder, and

  • (c)

    is eligible to be issued with a permit, and

  • (d)

    is authorised in writing by the Commissioner.

public museum means a non-profit making institution that—

  • (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.

cl 59: Am 2019 (427), Sch 1 [1]–[7]; 2021 (314), Sch 1[12].

60Production permit for firearms used in film, television or theatrical productions(1)

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 (a theatrical permit) in connection with the production.

(2)

A theatrical permit authorises the permit holder to possess and use the firearms to which the permit relates, but only in connection with the production concerned.

Note—

A theatrical permit is not limited to a firearm provided to the permit holder by a theatrical armourer and extends to a firearm that the permit holder acquires themselves. A permit to acquire is required to acquire a firearm.

(3)

The authority conferred by a theatrical permit 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 supervision of the permit holder with that supervision to be as required by clause 156.

(4)

The Commissioner must not issue a theatrical permit 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).

(5)

Any firearm to which a theatrical permit 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 only blank cartridges to be used in the firearm.

(6)

A theatrical permit is subject to the condition that only blank cartridges may be used in any firearm to which the permit relates.

(7)

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 theatrical 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.

Note—

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 (that person must then obtain a theatrical 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.

61International visitors competition permit(1)

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,

  • (g)

    a restraining order under the Restraining Orders Act 1997 of Western Australia,

  • (h)

    a protection order under the Family Violence Act 2016 of the Australian Capital Territory,

  • (i)

    a domestic violence order under the Domestic and Family Violence Act of the Northern Territory.

(2)

For the purposes of the definition of interim apprehended violence order in section 4 (1) of the Act, the following orders are prescribed—

  • (a)

    a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland,

  • (b)

    an interim restraint order under the Justices Act 1959 of Tasmania or an interim family violence order under the Family Violence Act 2004 of Tasmania,

  • (c)

    an interim order under the Family Violence Protection Act 2008 of Victoria,

  • (d)

    an interim order under the Family Violence Act 2016 of the Australian Capital Territory.

cl 143: Am 2021 (314), Sch 1[44] [45].

144Firearms safety training courses(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

145Advertising supply of firearms

For the purposes of section 54 (b) of the Act, the licence or permit number of the supplier is prescribed in relation to an advertisement for the supply of a firearm.

146Restrictions on supply and acquisition of firearms(1)

The arrangements referred to in sections 51 (2) (a) and (2A) (a) and 51A (2) (a) of the Act for supplying a firearm through a licensed firearms dealer are as follows—

  • (a)

    the supply 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 supply as the dealer would otherwise be required to make under section 45 of the Act.

(2)

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 supply or acquisition 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 receiver and the supplier.

147Commercial transportation of firearms—prescribed safety requirements

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.

148Non-commercial transportation of prohibited firearms and pistols—prescribed safety requirements(1)

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 (for example, 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.

(2)

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, or an employee of or contractor to a primary producer,

  • (b)

    a person employed in or by—

    • (i)

      the Department of Planning, Industry and Environment, or

    • (ii)

      (Repealed)

    • (iii)

      Local Land Services, or

    • (iv)

      the Border Fence Maintenance Board.

cl 148: Am 2021 (314), Sch 1[46].

149Requirements for non-commercial transportation of Category A and B firearms(1)

A person who transports a firearm to which a category A or category B licence applies and that the person possesses under the authority of a category A, category B or firearms collector licence must convey the firearm in accordance with the following requirements—

  • (a)

    the firearm must be conveyed in a manner that ensures compliance with section 39 of the Act,

  • (b)

    the firearm must not be loaded with any ammunition while it is being conveyed,

  • (c)

    while the firearm is being conveyed in a vehicle it must not be visible from outside the vehicle.

(2)

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 or an employee of a primary producer,

  • (b)

    a person employed in or by—

    • (i)

      the Department of Planning, Industry and Environment, or

    • (ii)

      (Repealed)

    • (iii)

      Local Land Services, or

    • (iv)

      the Border Fence Maintenance Board.

(3)

This clause does not apply to a firearm that is being used while it is being conveyed in a vehicle.

cl 149: Am 2021 (314), Sch 1[47].

150Inspections of certain firearms(1)

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 (other than an heirloom permit) that authorises the possession of any prohibited firearm or pistol.

(2)

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 36 (Firearms collections)) 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.

(3)

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.

151Numbering of firearms and spare barrels(1)

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.

(2)

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.

(3)

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 numerals not less than 2 mm in height, in the following manner—

  • (a)

    in the case of a firearm—by stamping or, with the approval of the Commissioner, by engraving the number on the frame or receiver of the firearm,

  • (b)

    in the case of a spare barrel—by stamping or engraving the number on the outer surface.

Maximum penalty (subclause (3)): 20 penalty units.

152Shortened firearms(1)

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.

(2)

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.

(3)

In this clause, firearm does not include a pistol or blank fire pistol.

(4)

This clause does not apply to such kinds of firearms as the Commissioner determines.

153Spear guns(1)

A person who is under the age of 14 years must not—

  • (a)

    acquire or supply a spear gun, or

  • (b)

    use a spear gun, or

  • (c)

    have a spear gun in the person’s possession.

Maximum penalty—10 penalty units.

(2)

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 direct supervision of a person who is of or above the age of 18 years.

(3)

A person must not supply a spear gun to a person under the age of 14 years.

Maximum penalty—20 penalty units.

(4)

In this clause—

spear gun means a spear gun having an overall length (being the length of the spear gun when it is not loaded with a spear) of at least 45 cm.

154Prescribed decisions for purposes of applications to Civil and Administrative Tribunal under section 75 (1) (g)(1)

The following decisions are prescribed for the purposes of section 75 (1) (g) of the Act—

  • (a)

    a decision of the Commissioner under clause 44 (Change of premises) refusing an application to change the premises to which a firearms dealer licence relates,

  • (b)

    a decision of the Commissioner under Part 8 (Approval of shooting ranges) 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 (Approval of clubs) 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.

(2)

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.

155Offence of trespassing on a shooting range

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.

156Supervision requirements(1)

This clause applies to supervision for the purposes of sections 16A and 32 of the Act and any provision of this Regulation that provides for supervision to be as required by this clause.

(2)

The following requirements apply to supervision to which this clause applies—

  • (a)

    a person being supervised must at all times be in the direct line of sight of the supervisor and the supervisor must at all times be ready and able to give directions and render immediate assistance to a person being supervised,

  • (b)

    supervision is to be at a level that the supervisor reasonably considers to be adequate taking into account relevant factors under this clause.

(3)

The following factors are relevant factors to be taken into account in deciding what is an adequate level of supervision—

  • (a)

    the general competency of persons being supervised,

  • (b)

    the proficiency with firearms of persons being supervised,

  • (c)

    the number of persons being supervised and the number who are actively engaged in shooting,

  • (d)

    the effect of the landscape and range configuration on the ability of the supervisor to maintain direct line of sight observation of persons being supervised and to give directions and render immediate assistance.

157Commissioner authorised to disclose licence information to employers

If a licence that has been issued to a person for the genuine reason of business or employment is suspended or revoked or otherwise ceases to be in force, the Commissioner may disclose that information to the employer (if any) of the person.

157ARepeal of Schedule 2(1)

Schedule 2 is repealed on the day that is 24 months after the day on which the Firearms Amendment (COVID-19) Regulation 2020 commences, except as provided in subclause (2).

(2)

Parts 2 and 4 of Schedule 2 are repealed on the day that is 12 months after the day on which the Firearms Amendment (COVID-19) Regulation 2020 commences.

(3)

Anything done, or omitted to be done, pursuant to a provision of Schedule 2, or any modification of a period of time by a provision of Schedule 2, remains as legally effective after the repeal of that provision as it was before the repeal.

cl 157A: Ins 2020 (146), Sch 1[1].

158Savings(1)

Any act, matter or thing that, immediately before the repeal of the Firearms Regulation 2006, had effect under that Regulation (the repealed Regulation), continues to have effect under this Regulation.

(2)

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 provision 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 the corresponding provision of this Regulation.

(3)

A change (resulting from the making of this Regulation or any subsequent amendment to this Regulation) to the grounds on which the issue of a licence or permit under the Act must be refused does not affect the issue of a licence or permit before the change takes effect.

158ASavings provision on repeal of clause 125

A person who was exempt from the requirements of the Act, section 7 or 7A under clause 125 immediately before its repeal by the Firearms Amendment Regulation 2021 continues to be exempt, despite the repeal, until the person ceases to meet the requirements for the exemption under that clause as in force immediately before its repeal.

Example—

A person ceases to meet the requirements for the exemption under clause 125 (now repealed) if the person—

  • (a)

    ceases to hold an interstate licence, or

  • (b)

    ceases to be a resident of NSW as a result of being posted to a position in NSW or being required to reside in NSW as a condition of the person’s employment.

cl 158A: Ins 2021 (314), Sch 1[48].

158BExemption—military self-loading centre-fire rifles(1)

This clause applies to a person (the licensee) if, immediately before the commencement of this clause—

  • (a)

    the licensee held a category D licence, and

  • (b)

    a military self-loading centre-fire rifle was registered in the licensee’s name.

(2)

The licensee is exempt from the requirements of the Act, section 7 or 7A to be authorised to possess or use the military self-loading centre-fire rifle.

(3)

The exemption in this clause authorises the licensee to possess or use the military self-loading centre-fire rifle only—

  • (a)

    if the genuine reason for possessing or using the military self-loading centre-fire rifle is vertebrate pest animal control, and

  • (b)

    if there is a special need for the person to possess or use the military self-loading centre-fire rifle, and

  • (c)

    for a person referred to in the Act, section 12, Table, “Reason: vertebrate pest animal control”, paragraph (c)—if the special need cannot be met by any other means, and

  • (d)

    to the extent that the licensee complies with all other requirements of the Act, this Regulation and the category D licence as if the military self-loading centre-fire rifle were a firearm to which the licence applied.

(4)

The exemption in this clause ceases to apply—

  • (a)

    if the licensee’s category D licence is suspended or revoked, or

  • (b)

    if registration of the military self-loading centre-fire rifle in the licensee’s name is cancelled, or

  • (c)

    if the licensee’s category D licence expires but is renewed—at the end of the day that is the first anniversary of the renewal day for the licence, except if the exemption ceases to apply before the day because of paragraph (a) or (b).

(5)

To avoid doubt, this clause does not exempt the licensee from complying with any other requirements of the Act or this Regulation in relation to the military self-loading centre-fire rifle.

(6)

In this clause—

military self-loading centre-fire rifle means a self-loading centre-fire rifle of a kind that is designed or adapted for military purposes.

Note—

A military self-loading centre-fire rifle is a prohibited firearm under the Act, Schedule 1, item 5.

cl 158B: Ins 2021 (314), Sch 1[48]. Am 2021 (648), Sch 1[4].

Schedule 1Penalty notice offences

For the purposes of section 85A of the Act—

  • (a)

    each offence specified in this Schedule is an offence for which a penalty notice may be issued, and

  • (b)

    the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.

Column 1

Column 2

Provision of the ActPenalty

Section 39 (1)

$550

Section 40 (1)

$220

Section 41 (1)

$550

Section 45

$220

Section 45A

$220

Section 46 (1)

$550

Section 47 (1)–(6)

$550

Section 48

$550

Section 59

$220

Section 68

$550

Section 69

$550

Provision of this RegulationPenalty

Clause 13 (Lost, stolen or destroyed licence or permit)

$220

Clause 15 (Requirement to notify Commissioner if reason for possessing firearm ceases)

$550

Clause 16 (Requirement to notify change of particulars other than address)

$220

Clause 17 (Requirement to notify Commissioner of address where firearms are kept)

$550

Clause 28B (Requirements relating to safety and storage)

$550

Clause 30 (4) (Recreational hunting/vermin control—persons who are not members of approved hunting clubs)

$220

Clause 32 (2) or (3) (Members of approved hunting clubs—restriction on authority conferred by licence)

$220

Clause 103 (Club member must notify change in personal details)

$220

Clause 120 (Requirement to notify Commissioner when moving interstate)

$220

sch 1: Am 2021 (314), Sch 1[49].

Schedule 2

(Repealed)

sch 2: Ins 2020 (146), Sch 1[2]. Am 2017 (442), cl 157A(2). Rep 2017 (442), cl 157A(1).

Historical notesTable of amending instruments

Firearms Regulation 2017 (442). LW 25.8.2017. Date of commencement, 1.9.2017, cl 2. This Regulation has been amended by cl 157A(1) and (2) of this Regulation and as follows—

2018

(352)

Firearms Amendment (Amnesty) Regulation 2018. LW 29.6.2018.

Date of commencement, 1.7.2018, cl 2.

No 44

Paintball Act 2018. Assented to 21.8.2018.

Date of commencement, 1.7.2019, sec 2 and 2019 (274) LW 28.6.2019.

2019

(427)

Firearms Amendment (Museum Firearms Permits) Regulation 2019. LW 30.8.2019.

Date of commencement, on publication on LW, cl 2.

No 20

Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019.

Date of commencement of Sch 1.12, 19.3.2020, sec 2(2) and 2020 (97) LW 19.3.2020.

2020

(146)

Firearms Amendment (COVID-19) Regulation 2020. LW 15.4.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 2.15, 11.12.2020, sec 2(3).

2021

(314)

Firearms Amendment Regulation 2021. LW 25.6.2021.

Date of commencement of Sch 1[1]–[25] and [43]–[49], on publication on LW, cl 2(1); date of commencement of Sch 1[26]–[42], 1.7.2021, cl 2(2).

(648)

Firearms Amendment (Exemptions and Compliance Requirements) Regulation 2021. LW 5.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

No 19

Firearms Legislation Amendment Act 2022. Assented to 6.6.2022.

Date of commencement, assent, sec 2.

(796)

Firearms Amendment (Approval of Club) Regulation 2022. LW 16.12.2022.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 3

Am 2018 No 44, Sch 2.4 [1]; 2021 (314), Sch 1[1].

Cl 5

Am 2019 No 20, Sch 1.12[1]–[3].

Cl 7

Rep 2021 (314), Sch 1[2].

Cl 8

Am 2022 No 19, Sch 2[1]–[3].

Cl 14

Am 2021 (314), Sch 1[3].

Cl 21

Am 2021 (314), Sch 1[4] [5].

Cl 28A (previously cl 33)

Renumbered 2021 (314), Sch 1[6]. Am 2021 (314), Sch 1[7].

Cl 28B

Ins 2021 (314), Sch 1[8].

Cl 29

Am 2021 (314), Sch 1[9].

Cl 33

Renumbered as cl 28A, 2021 (314), Sch 1[6].

Cl 35

Am 2021 (314), Sch 1[10]; 2022 No 19, Sch 2[4].

Cl 38

Rep 2021 (314), Sch 1[11].

Cl 42

Am 2019 No 20, Sch 1.12[1] [2] [4].

Cl 59

Am 2019 (427), Sch 1 [1]–[7]; 2021 (314), Sch 1[12].

Cl 61

Am 2018 No 44, Sch 2.4 [2].

Cll 63, 64

Rep 2018 No 44, Sch 2.4 [3].

Cl 73

Am 2021 (314), Sch 1[13] [14].

Cl 89

Am 2021 (648), Sch 1[1] [2].

Cl 91

Am 2021 (314), Sch 1[15].

Cl 92

Am 2021 (314), Sch 1[16].

Cl 94

Am 2021 (314), Sch 1[17] [18].

Cl 97

Am 2021 (314), Sch 1[19]; 2022 (796), sec 3.

Cl 105A

Ins 2021 (648), Sch 1[3].

Cl 113

Am 2018 No 44, Sch 2.4 [4].

Cl 115

Am 2021 (314), Sch 1[20].

Cl 124

Am 2021 (314), Sch 1[21] [22].

Cl 125

Rep 2021 (314), Sch 1[23].

Cl 127

Am 2021 (314), Sch 1[24].

Cl 129

Am 2019 No 20, Sch 1.12[5]; 2020 No 30, Sch 2.15; 2021 (314), Sch 1[25].

Cl 137

Am 2018 (352), Sch 1 [1] [2]; 2021 (314), Sch 1[26] [27].

Cl 137A

Ins 2018 (352), Sch 1 [3].

Cl 138

Am 2018 (352), Sch 1 [4]; 2021 (314), Sch 1[28] [29].

Cl 139

Am 2018 (352), Sch 1 [5]; 2021 (314), Sch 1[29]–[32].

Cl 140

Am 2018 (352), Sch 1 [6]; 2021 (314), Sch 1[28] [29] [33]–[38].

Cl 141

Am 2018 (352), Sch 1 [7]; 2021 (314), Sch 1[39]–[41].

Cl 141A

Ins 2018 (352), Sch 1 [8]. Rep 2021 (314), Sch 1[42].

Cl 141B

Ins 2021 (314), Sch 1[43].

Cl 143

Am 2021 (314), Sch 1[44] [45].

Cl 148

Am 2021 (314), Sch 1[46].

Cl 149

Am 2021 (314), Sch 1[47].

Cl 157A

Ins 2020 (146), Sch 1[1].

Cl 158A

Ins 2021 (314), Sch 1[48].

Cl 158B

Ins 2021 (314), Sch 1[48]. Am 2021 (648), Sch 1[4].

Sch 1

Am 2021 (314), Sch 1[49].

Sch 2

Ins 2020 (146), Sch 1[2]. Am 2017 (442), cl 157A(2). Rep 2017 (442), cl 157A(1).

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