Firearms Regulations 2017 (SA)

South Australia

Firearms Regulations 2017

under the Firearms Act 2015

Part 1Preliminary1Short title

These regulations may be cited as the Firearms Regulations 2017.

3Interpretation

(1)
In these regulations, unless the contrary intention appears—
Act means the Firearms Act 2015;
captive bolt gun means a firearm designed to kill animals by firing a bolt that remains part of the firearm during and after firing;
contract shooter means a person who—
(a)
enters into formal engagements or contracts to shoot animals; or
(b)
satisfies the Registrar that the person is a contract shooter according to other requirements determined by the Registrar for the purposes of this definition;
deactivated firearm means a firearm that has been rendered permanently unusable in a manner stipulated by the Registrar;
dog retriever means a firearm designed to fire a projectile for a dog to retrieve;
enrolled nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing and midwifery profession as a nurse (other than as a student); and
(b)
in the enrolled nurses division of that profession;
firearms manufacturer means a person who carries on the business of manufacturing firearms or firearm parts;
gel ball means a hydrated superabsorbent polymer ball or other similar gel-like projectile designed to be fired or propelled from a gel blaster;
home-made firearm means a firearm that was manufactured in Australia by a person who was not authorised by a firearms licence, permit or other authorisation (whether under the Act or corresponding legislation of another State or Territory of the Commonwealth) to manufacture firearms and includes (without limitation)—
(a)
such a firearm manufactured by use of a milling machine; and
(b)
such a firearm, or such a firearm that contains a firearm part, manufactured by use of a 3D printer or 3D printer technology;
licence number, in relation to a firearms licence, or a corresponding authority issued under a law of another jurisdiction, means the numbers or characters that make up the identifying reference of the firearms licence or corresponding authority;
licence year of a licence means the 12 months from the beginning of the term of the licence or, if the term of the licence exceeds 12 months, each subsequent period of 12 months during the term of the licence;
nurse means a registered nurse or an enrolled nurse;
operator of a primary production business means—
(a)
a person who carries on a business of primary production; or
(b)
if the person who carries on a business of primary production is a company—a director of the company who resides on or near the land on which the business is carried on or visits the land frequently for the purposes of the business; or
(c)
a person employed to manage a business of primary production who resides on or near the land on which the business is carried on or visits the land frequently for the purposes of the business;
power head means a firearm (not being a captive bolt gun) designed to kill animals by striking the muzzle against the animal;
prescribed firearm—see regulation 7;
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing and midwifery profession as a nurse (other than as a student); and
(b)
in the registered nurses division of that profession;
regulated imitation firearm—see regulation 4;
rocket line launcher means a firearm that is designed to throw a rope, cable or line of any other kind;
RSL means the Returned & Services League of Australia (S.A. Branch) Incorporated or a sub-branch of the Returned & Services League of Australia (S.A. Branch) Incorporated;
underwater firearm means a firearm—
(a)
designed to fire projectiles by means of compressed air or other compressed gas; and
(b)
designed to be used underwater; and
(c)
kept solely for use underwater;
Very pistol means a handgun designed to fire signalling or emergency distress flares or pyrotechnic shells.
(2)
For the purposes of these regulations, unless the contrary intention appears, the length of the barrel of a firearm will be taken to be the distance from the breech face to the muzzle.
(3)
For the purposes of these regulations, in determining whether a regulated imitation firearm closely resembles another firearm, consideration must be given to—
(a)
the functionality of the firearm or device; and
(b)
the features, characteristics or components of the firearm (including, for example, the barrel length, the overall length or the magazine capacity of the firearm or device).

3ACertain articles excluded from definition of ammunition

Pursuant to paragraph (i) of the definition of ammunition in section 4(1) of the Act, gel balls are declared not to be ammunition.

4Certain devices declared to be firearms

(1)
Pursuant to paragraph (b) of the definition of firearm in section 4(1) of the Act, the following are declared to be firearms:
(a)
a regulation imitation firearm;
(b)
a gel blaster.
(2)
A regulated imitation firearm is a device that—
(a)
can be adapted to function as a firearm with a moderate exercise of effort and skill; and
(b)
is constructed of material (or materials) of sufficient strength such that it would, if it were adapted to function as a firearm, be capable of sustaining the firing of ammunition, paint‑balls, gel balls, airgun pellets or other similar projectiles,
but does not include an item determined by the Registrar under subregulation (3) not to be a regulated imitation firearm.
(3)
The Registrar may, on application or on the Registrar's own initiative, determine that a particular device is not a regulated imitation firearm.
(4)
The Registrar may, by notice in the Gazette, declare an item of a specified class to be a regulated imitation firearm (and such a notice has effect according to its terms despite subregulation (2)).
(5)
The Registrar may, by subsequent notice in the Gazette, vary or revoke a notice made under this regulation.

5Certain devices excluded from definition of firearm

(1)
Pursuant to paragraph (d) of the definition of firearm in section 4(1) of the Act, a device designed for the purposes of children's play (a children's toy) that fires toy projectiles is declared not to be a firearm.
(2)
For the avoidance of doubt, a children's toy does not include—
1. (a)
  a device known as, or that is similar to, a BB gun; or
2. (b)
  a device known as, or that is similar to, an Airsoft gun; or
3. (c)
  a device that is a regulated imitation firearm; or
4. (d)
  a device that is a gel blaster.

6Prohibited firearm accessories

(1)
For the purposes of the definition of prohibited firearm accessory in section 4(1) of the Act, an item to which this regulation applies is prescribed.
(2)
This regulation applies to an item, being an accessory, that is designed, or may be adapted, to enable a firearm, when the item is fitted to or used in conjunction with the firearm (and whether the item is used on its own or in conjunction with another item), to have any of the following capabilities:
(a)
burst fire operation;
(b)
bump fire operation;
(c)
semi‑automatic operation;
(d)
fully automatic operation,
other than—
(e)
an item possessed by a person for the purposes of altering a firearm in accordance with the written approval of the Registrar under section 38 of the Act; or
(f)
a restricted firearm mechanism possessed by a person in accordance with the written approval of the Registrar under section 39 of the Act.
(3)
In this regulation—
bump fire operation means a method of firing a firearm that utilises the recoil of the firearm to cause rapid depressions of the trigger so as to fire multiple rounds in rapid succession;
burst fire operation means a method of firing a firearm that enables the firing of a predetermined number of multiple rounds by a single depression of the trigger;
fully automatic operation means a method of firing a firearm such that, following the firing of a round on the depression of the trigger, the firearm continues to fire 1 or more rounds automatically while the trigger is held in that position;
semi‑automatic operation means a method of firing a firearm such that, following the firing of a round on the depression of the trigger, the firearm automatically loads a further round thereby allowing the rapid firing of another round on another depression of the trigger.

7Prescribed firearms

(1)
Pursuant to section 5(1)(f)(v) of the Act, the following firearms are declared to be prescribed firearms:
(a)
firearms having 1 or more barrels of less than 330 millimetres in length (but not handguns, air guns, power heads or paint-ball firearms);
(b)
shotguns having 1 or more barrels of less than 400 millimetres in length;
(c)
air guns (other than paint‑ball firearms) having 1 or more barrels of less than 250 millimetres in length;
(d)
firearms having an overall length of less than 750 millimetres (but not handguns, power heads or paint-ball firearms);
(e)
paint-ball firearms having an overall length of less than 160 millimetres;
(f)
firearms (but not handguns) designed to be reduced in overall length by folding, telescoping or any other means to a length of less than 750 millimetres and then to be capable of being fired;
(g)
home-made firearms of any kind or category;
(h)
firearms (other than handguns) that have been permanently modified by reducing the length of the barrel to less than 400 millimetres—
(i)
in contravention of section 38(2) of the Act or section 27AA(1)(b) of the repealed Act; or
(ii)
in contravention of a provision of legislation of another State or Territory of the Commonwealth that corresponds, or substantially corresponds, to either of those sections;
(i)
regulated imitation firearms that closely resemble a firearm referred to in a preceding paragraph or section 5(1)(f)(i) to (iv) (inclusive) of the Act, or that do not closely resemble such a firearm or a firearm of category A, B, C, D or H;
(j)
receivers of firearms referred to in a preceding paragraph.
(2)
When determining the overall length of a paint-ball firearm other than a gel blaster for the purposes of subregulation (1)(e), the gas cylinder and the hose connecting the cylinder to the firearm (if any) is to be excluded.

8Firearms not within the definition of handgun

Pursuant to section 5(4) of the Act, the definition of handgun in section 5(2) of the Act does not include a paint-ball firearm with a barrel of less than 400 millimetres.

8ADefinition of paint‑ball firearm to include gel blasters

Pursuant to section 5(4) of the Act, the definitions prescribed by section 5 of the Act are amended as follows:
(a)
Section 5(2)—after the definition of automatic firearm insert:
gel blaster means an air gun designed to fire or propel hydrated superabsorbent polymer balls or other similar gel-like projectiles by means of compressed air or other compressed gas and includes, without limitation, a device known as a gel blaster;
(b)
Section 5(2), definition of paint‑ball firearm—after "paint‑balls" insert:
or a gel blaster

9Categories of firearms expanded to include imitation firearms

Pursuant to section 5(4) of the Act, the definitions of category A, B, C, D and H firearms and prescribed firearms in section 5(1) of the Act are amended so that, if a regulated imitation firearm closely resembles a firearm of a particular category, the category will be taken to encompass the regulated imitation firearm.

10Prescribed offences – fit and proper person

Schedule 2 Part 1 sets out the offences for the purposes of section 7(3)(d) of the Act.

11Prescribed offences—possession and use of firearms – aggravated offence

Schedule 2 Part 2 sets out the offences against the Controlled Substances Act 1984 for the purposes of section 9(7)(c) of the Act.

12Prescribed offences – disqualification of employment of person by licensed dealer

Schedule 2 Part 3 sets out the offences for the purposes of section 11(7)(c)(iii) of the Act.

Part 2LicencesDivision 1Licence categories13Licence categories

For the purposes of section 12 of the Act, the following categories of firearms licence are prescribed:
category 1 (shooting club) licences
category 2 (target shooting) licences
category 3 (hunting) licences
category 4 (paint‑ball shooting) licences
category 5 (primary production) licences
category 6 (security guard) licences
category 7 (contract shooter) licences
category 8 (commercial range) licences
category 9 (shooting gallery) licences
category 10 (collector) licences
category 11 (dealer) licences
category 12 (miscellaneous) licences.

Division 2Special provisions relating to licence categories14Category 1 (shooting club) licences

(1)
Subject to this regulation, a category 1 (shooting club) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use as, or by a member of, a shooting club.
(2)
A category 1 (shooting club) licence must be limited to category A, B, C or H firearms (or a combination of such categories).
(3)
A category 1 (shooting club) licence is subject to the following conditions:
(a)
the licensee must be a shooting club or a person who is a member of a shooting club for each licence year of the licence;
(b)
the licensee must, within 28 days of becoming a member of a shooting club, notify the Registrar of that fact and the contact details of the club;
(c)
a firearm may only be used under the licence for hunting in the course of activities of a shooting club if the use of the firearm for that purpose is authorised under a category 3 (hunting) licence;
(d)
in the case of a licence authorising the licensee to possess a category C firearm for use as a member of a shooting club—
(i)
the licensee must be a member of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and an active member of a shooting club affiliated with either of those associations for each licence year of the licence; and
(ii)
the firearm may only be used for the purpose of an activity of the shooting club conducted in accordance with the rules of the Australian Clay Target Association Incorporated; and
(iii)
either—
(A)
the licensee must have a special need for the firearm that cannot be met by a firearm of any other category because of the licensee's lack of strength or dexterity, or because of some other physical characteristic (as supported by such evidence or documents as may be required by the Registrar); or
(B)
the licensee was a person who, immediately before 15 November 1996, was a member of a shooting club affiliated with the Australian Clay Target Association and was, at that time, in lawful possession of a self-loading or pump action shotgun used for competitive clay target shooting;
(e)
in the case of a licence authorising the licensee to possess a category H firearm for use as a member of a shooting club—
(i)
the licensee must be an active member of a shooting club for each licence year of the licence; and
(ii)
the licensee may only possess a category H firearm if the licensee has held a category 1 (shooting club) licence authorising the possession of a category H firearm for 6 months or more; and
(iii)
unless the licensee has held a category 1 (shooting club) licence authorising the possession of a category H firearm for 12 months or more, the licensee is limited to the possession of handguns as follows:
(A)
one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun;
(B)
one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short);
(C)
one .177 calibre air pistol and one centre fire handgun; and
(iv)
subject to subregulations (4) and (5), the licensee may not possess—
(A)
a self‑loading handgun (other than a revolver) with a barrel length of less than 120 mm; or
(B)
a revolver or single shot handgun in either case with a barrel length of less than 100 mm; or
(C)
a handgun with a manufactured or a modified magazine or cylinder capacity of more than 10 rounds; or
(D)
a handgun of more than .38 calibre; and
(v)
the licensee must use at least 1 handgun of each of the following kinds in the licensee's possession on at least 4 occasions in each licence year of the licence at shooting club organised shoots:
(A)
air or gas operated handguns;
(B)
.22 calibre rim fire handguns (long rifle or short);
(C)
centre fire handguns of not more than .38 calibre;
(D)
handguns of more than .38 calibre (if the licensee is allowed possession of such handguns under these regulations).
(4)
Despite a restriction on barrel length set out in subregulation (3)(e)(iv), a category 1 (shooting club) licence may authorise the possession of a category H firearm with a shorter barrel if the Registrar is satisfied that the firearm is a visually distinctive and highly specialised target pistol.
(5)
Despite the restriction on firearms of not more than .38 calibre in subregulation (3)(e)(iv)(D), a category 1 (shooting club) licence may authorise the possession of a category H firearm of more than .38 calibre if the Registrar is satisfied that the firearm is not of more than .45 calibre and is required for shooting events of the kind known as metallic silhouette or single (western) action.
(6)
Subregulation (3)(e) does not apply to muzzle‑loading handguns or percussion cap and ball handguns.
(7)
A person 12 years of age or more and under the age of 18 years may be granted a category 1 (shooting club) licence subject to the following additional conditions and limitations:
(a)
the person must need the licence in order to participate in a competition or competitions held in another State or Territory of the Commonwealth or in another country;
(b)
the licence may only be granted for a term not exceeding 3 years;
(c)
the person may not apply for a permit authorising the acquisition of a firearm.
(8)
Pursuant to section 15(8) of the Act, a licence may be granted to a person referred to in subregulation (7) before 28 days have elapsed from the date of the application for the licence.
(9)
For the purposes of this regulation, the barrel length of a category H firearm is to be measured as follows:
(a)
in the case of a revolver, the length is to be measured from the muzzle to the breech end immediately in front of the cylinder;
(b)
in the case of any other category H firearm, the length is to be measured from the muzzle to the breech face (including where the chamber is incorporated in the barrel);
(c)
if the firearm is self‑loading, the measurement must be taken when the slide is forward and the breech face or bolt is in a closed position;
(d)
any alteration to the barrel that is permanently attached is to be included in the portion measured.
(10)
For the purposes of subregulations (3)(d)(i) and (3)(e)(i), a person is an active member of a shooting club for a 12 month period if the person is—
(a)
in the case of a member whose firearms licence authorises the use of category C firearms—a member of the club who has participated in shooting club organised competitive shooting matches for category C firearms on at least 4 occasions during the 12 months; or
(b)
in the case of a member whose firearms licence authorises the use of category H firearms—a member of the club who has participated in shooting club organised competitive shooting matches for category H firearms on at least 6 occasions during the 12 months; or
(c)
a member of the club who satisfies the Registrar that the member failed to meet the requirements of paragraph (b) during the 12 months, due to the member's ill health or employment obligations or some other reason accepted by the Registrar.

15Category 2 (target shooting) licences

(1)
Subject to this regulation, a category 2 (target shooting) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in target shooting.
(2)
A category 2 (target shooting) licence must be limited to category A or B firearms (or both such categories).

16Category 3 (hunting) licences

(1)
Subject to this regulation, a category 3 (hunting) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in hunting.
(2)
A category 3 (hunting) licence must be limited to category A or B firearms (or both such categories).

17Category 4 (paint‑ball shooting) licences

(1)
A category 4 (paint‑ball shooting) licence authorises the licensee to possess paint‑ball firearms for the purpose only of—
(a)
use in the business of a recognised paint‑ball operator as the operator of the business; or
(b)
use on the grounds of a recognised paint‑ball operator who holds a licence under this regulation in the ordinary course of paint‑ball shooting operations on the grounds.
(2)
A category 4 (paint‑ball shooting) licence held by a person under subregulation (1)(b) is subject to the condition that the use of the paint‑ball firearm must be under the supervision of a recognised paint‑ball operator who holds a licence under subregulation (1)(a) or an accredited paint‑ball employee engaged as an employee in the business of the operator.

18Category 5 (primary production) licences

(1)
Subject to this regulation, a category 5 (primary production) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in a primary production business.
(2)
A category 5 (primary production) licence must be limited to category A, B, C or H firearms (or a combination of such categories).
(3)
A category 5 (primary production) licence is subject to the following conditions:
(a)
the licensee must be—
(i)
the operator of a primary production business; or
(ii)
a person who is engaged in such a business as an employee or relative of the operator;
(b)
in the case of a licence authorising the possession of a category C firearm—
(i)
the licensee must be—
(A)
the operator of a primary production business; or
(B)
a person who is engaged in such a business as an employee or relative of the operator and lives on or near the land on which the business is carried on, or frequently visits the land for the purposes of the business; and
(ii)
the licensee must have a special need for the firearm in the business that cannot be met by a firearm of any other category; and
(iii)
the category C firearm must, when not in use for the purposes of the business, be kept at the licensee's principal place of residence; and
(iv)
the licensee may not possess, under the licence, more than—
(A)
1 self‑loading rifle; and
(B)
1 shotgun that is either a self‑loading or pump action shotgun;
(c)
the licensee may only possess or use a category H firearm for the purpose of the business of primary production on a property that—
(i)
is at least 15 000 hectares in area; or
(ii)
was specified in a firearms licence granted under the repealed Act that—
(A)
was purportedly granted to a person for a term expiring on or after 27 September 2002; and
(B)
authorised the person to use a class H firearm on the property in relation to carrying on the business of primary production or in the course of employment by a person who carries on such a business.
(4)
A person 15 years of age or more may hold a category 5 (primary production) licence as an employee or relative of the operator of a primary production business, but if the person is under 18 years of age—
(a)
the licence must be limited to category A or B firearms (or a combination of such categories); and
(b)
the person may not apply for a permit authorising the acquisition of a firearm.

19Category 6 (security guard) licences

(1)
A category 6 (security guard) licence authorises the licensee to possess category H firearms for the purpose only of use in the business of guarding property.
(2)
A category 6 (security guard) licence is subject to the following conditions:
(a)
the licensee must be—
(i)
a person carrying on the business of guarding property; or
(ii)
a person who is engaged in such a business as an employee of the person carrying on the business;
(b)
the licensee must hold an appropriate licence in force under the Security and Investigation Industry Act 1995.
(3)
A category 6 (security guard) licence expires if the licensee ceases to hold an appropriate licence in force under the Security and Investigation Industry Act 1995.

20Category 7 (contract shooter) licences

(1)
Subject to this regulation, a category 7 (contract shooter) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use as a contract shooter.
(2)
A category 7 (contract shooter) licence must be limited to category A, B, C or D firearms (or a combination of such categories).
(3)
A category 7 (contract shooter) licence authorising the possession of a category C or D firearm is subject to the condition that the licensee must have a special need for the firearm as a contract shooter that cannot be met by a firearm of any other category.

21Category 8 (commercial range) licences

(1)
Subject to this regulation, a category 8 (commercial range) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in the business of a recognised commercial range operator.
(2)
A category 8 (commercial range) licence must be limited to category A, B or H firearms (or a combination of such categories).
(3)
A category 8 (commercial range) licence is subject to the condition that the licensee must be—
(a)
a recognised commercial range operator; or
(b)
a person who is engaged in the business of a recognised commercial range operator as an employee of the operator.

22Category 9 (shooting gallery) licences

(1)
Subject to this regulation, a category 9 (shooting gallery) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in the business of operating a shooting gallery.
(2)
A category 9 (shooting gallery) licence must be limited to—
(a)
category A firearms that are .177 calibre air guns; or
(b)
category H firearms that are handguns designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant; or
(c)
a combination of such firearms.
(3)
A category 9 (shooting gallery) licence is subject to the following conditions:
(a)
the licensee must be—
(i)
a person carrying on the business of operating a shooting gallery; or
(ii)
a person who is engaged in such a business as an employee of the person carrying on the business;
(b)
the licensee must ensure that any firearm used in the course of the business of operating a shooting gallery under the licence is securely attached to a shooting bench in a manner approved by the Registrar.

23Category 10 (collector) licences

(1)
Subject to this regulation, a category 10 (collector) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of collecting or collecting and displaying the firearms.
(2)
Subject to subregulation (3), a category 10 (collector) licence must be limited to category A, B, C, D or H firearms (or a combination of such categories).
(3)
A category 10 (collector) licence may not authorise possession of a category D firearm unless the firearm is a deactivated firearm.
(4)
An applicant for the initial grant of a category 10 (collector) licence must have been an active member of a collectors' club for the preceding 12 months.
(5)
A category 10 (collector) licence is subject to the following conditions:
(a)
the licensee must be an active member of a collectors' club for each licence year of the licence;
(b)
the licensee must, within 28 days of becoming a member of a collector's club, notify the Registrar of that fact and the contact details of the club;
(c)
the licensee must have, or genuinely intend to acquire, a collection of firearms that has, or will have, significant commemorative, historical, investment or other value and each firearm in the licensee's possession under the licence must contribute to the value of the collection;
(d)
if a licensee possesses a regulated imitation firearm under the licence, the licensee must not, without the approval of the Registrar, alter the firearm in a manner that would enable it to function as a firearm;
(e)
the licensee must ensure that each firearm in the licensee's possession under the licence that was manufactured after 1900 is kept secured—
(i)
by locking the bolt, breech block or firing pin of the firearm in a container kept separately from the firearm; or
(ii)
by immobilising the trigger of the firearm by means of a trigger lock; or
(iii)
in some other manner approved by the Registrar;
(f)
the licensee must ensure that—
(i)
no firearm in the licensee's possession under the licence is fired without the written approval of the Registrar; and
(ii)
any firearm fired with the approval of the Registrar is fired in accordance with any conditions of the approval;
(g)
the licensee must not have possession of any ammunition that can be used in a firearm in the licensee's possession (excluding ammunition for use in a firearm that the licensee may possess and use under a lawful authority other than the category 10 (collector) licence) unless—
(i)
the person has the approval of the Registrar under paragraph (f)(i); and
(ii)
the person holds a permit to possess the ammunition under section 32 of the Act for the purposes of that approval;
(h)
the licensee may not possess a category H firearm that was manufactured after 1946 unless the licensee is a genuine student of arms who—
(i)
has been an active member of a collectors' club for at least the preceding 2 years; and
(ii)
has a significant collection of handguns with a proper thematic structure; and
(iii)
has provided displays or published articles to advance the body of knowledge of firearms history and development.
(6)
In determining whether a person meets the requirements referred to in subregulation (5)(h), the Registrar must have regard to any certificate lodged by the person that has been prepared and signed by an office holder of the collectors' club of which the applicant is a member (being an office holder nominated by the club for the purpose) stating that the applicant meets those requirements and setting out details in support of that statement.
(7)
Subregulation (5)(h) does not apply in relation to muzzle‑loading handguns or percussion cap and ball handguns.
(8)
For the purposes of this regulation, a person is an active member of a collectors' club for a 12 month period if the person is—
(a)
a member of the club who has attended at least 4 meetings of the club during the 12 months; or
(b)
a member of the club who has made a personal contribution (not being a financial contribution) to the club during the 12 months in a manner and to an extent that satisfies the Registrar that the person should be regarded as an active member of the club.
(9)
For the purposes of satisfying the requirements of subregulation (8)(a), a person may attend a meeting of a club by teleconference, audio conference or video conference or by other electronic means, provided that the person physically attends at least 1 meeting of the club in the 12 month period.

24Category 11 (dealer) licences

(1)
Subject to this regulation, a category 11 (dealer) licence authorises the licensee to possess and use firearms, firearm parts and ammunition of a category or kind specified on the licence for the purpose only of the business of a dealer.
(2)
A category 11 (dealer) licence may not apply to prescribed firearms or firearm parts suitable only for use in prescribed firearms.
(3)
A category 11 (dealer) licence authorises the licensee to carry on the business of a dealer if it bears the statement "licensed dealer".
(4)
A category 11 (dealer) licence authorises possession of ammunition but not firearms or firearm parts if it bears the statement "ammunition only".
(5)
A category 11 (dealer) licence authorises the licensee to possess and use firearms, or possess ammunition, only as an employee of a licensed dealer if it bears the statement "employee only".
(6)
A category 11 (dealer) licence is subject to—
(a)
except as provided for in subregulation (7), a condition that the licensee may only have possession of a firearm, firearm part or ammunition under the licence at the premises specified in the licence; and
(b)
a condition that the licensee must not, when those premises are open to the public, leave any firearm, firearm part or ammunition unattended in any area of the premises to which the public has access; and
(c)
in the case of a licensed dealer, the following conditions:
(i)
the dealer must keep records relating to the dealer's business in accordance with these regulations and allow a police officer, on request, to inspect the records;
(ii)
the dealer must provide returns relating to the dealer's business to the Registrar in accordance with these regulations;
(iii)
the dealer must identify, in a manner approved by the Registrar, each firearm owned or held by the dealer in the course of the dealer's business;
(iv)
the dealer must, whenever required to do so by the Registrar or a police officer, provide the Registrar or the officer with information relating to a firearm that is, or has been, in the possession of the dealer in the course of the dealer's business;
(v)
the dealer must ensure that, when supplying a firearm to another (not being a licensed dealer), the firearm is delivered directly to the person, or in the case of a company, to the company's principal nominee or secondary nominee and not to any agent or carrier;
(vi)
the dealer must—
(A)
within 24 hours, unless the dealer has a reasonable excuse for not doing so, provide an oral report to a police officer; and
(B)
within 7 days, give the Registrar written notice, in a form approved by the Registrar,
of the theft, loss or destruction of a firearm owned or held by the dealer in the course of the dealer's business or the theft or loss of a sound moderator or ammunition owned or held by the dealer in the course of the business;
(vii)
the dealer must not deal in restricted firearm mechanisms;
(viii)
the dealer must, during the hours that members of the public have access to the dealer's premises, display a copy of the licence (excluding any photograph) in the premises in a position in which it is likely to be seen and read by members of the public.
(7)
A dealer may possess a firearm, firearm part or ammunition under the licence other than at the premises specified in the licence—
(a)
for the purpose of testing or repairing a firearm; or
(b)
for the purpose of exhibiting and selling a firearm, firearm part or ammunition by auction; or
(c)
in the case of a category A, B or H firearm or a firearm part for a category A, B or H firearm—for the purpose of exhibiting or selling firearms or firearm parts at an arms fair, provided that the dealer does not exhibit 2 or more identical firearms or firearm parts; or
(d)
for the purpose of exhibiting or selling ammunition at an arms fair, provided that the dealer does not exhibit more than 50 rounds of identical ammunition.

25Category 12 (miscellaneous) licences

(1)
Subject to this regulation, a category 12 (miscellaneous) licence authorises the licensee to possess a particular firearm or firearms of a category specified on the licence—
(a)
for a purpose approved by the Registrar; or
(b)
for 1 or more of the following purposes:
(i)
use in the provision of training in respect of the safe handling, carriage and use of firearms;
(ii)
the collection, or collection and display, of firearms in museums;
(iii)
the collection, or collection and display, of firearms by the RSL;
(iv)
the collection, or collection and display, of firearms to which, and in circumstances in which, a category 10 (collectors) licence does not apply;
(v)
use by the Royal Zoological Society of South Australia Incorporated in relation to the operation of its zoos;
(vi)
use by a veterinary surgeon registered under the Veterinary Practice Act 2003 for the purpose of the humane destruction of animals;
(vii)
use on land by persons who maintain the land for conservation purposes;
(viii)
use in film, television or theatre productions;
(ix)
use in historical re-enactments;
(x)
use in commemorative and ceremonial events;
(xi)
the purpose of the business of a firearms manufacturer.
(2)
The Registrar may not approve a purpose under this regulation that consists of or involves the protection of property.
(3)
The purpose or purposes for which the licensee is authorised to possess a firearm under a category 12 (miscellaneous) licence must be specified on the licence.
(4)
A category 12 (miscellaneous) licence may apply to any firearms, including prescribed firearms, deactivated firearms and regulated imitation firearms.
(5)
A category 12 (miscellaneous) licence may not authorise possession of a regulated imitation firearm or deactivated firearm of a particular category unless it is specifically endorsed to that effect.
(6)
A category 12 (miscellaneous) licence that authorises the manufacture of firearms or firearm parts must be specifically endorsed to that effect.
(7)
The Registrar may refuse an application for a category 12 (miscellaneous) licence authorising the holder of the licence to manufacture firearms or firearm parts for the purpose of the business of a firearms manufacturer if the Registrar is not satisfied that the person has sufficient knowledge, skills and expertise to manufacture firearms or firearm parts.
(8)
A category 12 (miscellaneous) licence authorising the holder of the licence to manufacture firearms or firearm parts is subject to the following conditions:
(a)
the licensee must be—
(i)
a person carrying on the business of manufacturing firearms or firearm parts; or
(ii)
a person who is engaged in such a business as an employee of the person carrying on the business;
(b)
the licence may not apply to prescribed firearms or firearm parts for prescribed firearms;
(c)
the licensee must not carry on the business of purchasing or selling firearms, firearms parts or ammunition, or repairing, modifying or testing firearms or firearm parts, unless the person is authorised to do so under a category 11 (dealer) licence.
(9)
It is a condition of a category 12 (miscellaneous) licence that authorises possession of a regulated imitation firearm that the licensee must not, without the approval of the Registrar, alter the firearm in a manner that would enable it to function as a firearm.
(10)
A category 12 (miscellaneous) licence may only authorise a person other than a museum or the RSL to possess, for the purpose of collection, or collection and display, a prescribed firearm of a kind not designed to be carried by hand and that has not been deactivated if—
(a)
the firearm was in the lawful possession of the person before the commencement of this regulation; and
(b)
the person registered the firearm in the person's name before the end of the transition period.
(11)
A category 12 (miscellaneous) licence authorising the possession of a category C or D firearm is subject to the condition that the licensee must have a special need for the firearm that cannot be met by a firearm of any other category.
(12)
A category 12 (miscellaneous) licence authorising the possession of a prescribed firearm is subject to the following conditions:
(a)
the licensee must have a special need for the firearm that cannot be met by a firearm of any other category;
(b)
the firearm must not be used to fire a projectile except in accordance with the written approval of the Registrar obtained by the licensee;
(c)
the firearm must be kept—
(i)
at the premises and in the manner specified in the licence; or
(ii)
if written approval to the contrary is given by the Registrar—in accordance with that approval;
(d)
the licensee must not surrender control of the firearm except when disposing of the firearm.
(13)
In this regulation—
museum means a museum to which access is permitted to the public on a regular basis, whether for free or on payment of a fee;
transition period has the same meaning as in Schedule 1 Part 15 clause 25 of the Act.

Division 3Grant and term of licence26Prescribed offences – grant of firearms licence

Schedule 2 Part 4 sets out the offences for the purposes of section 15(5) of the Act.

27Term of licence

For the purposes of section 17(1)(b) of the Act, the term prescribed is 3 years.

Division 4Qualifications to hold licence28Training and examinations

(1)
The Registrar may, by notice in writing, require an applicant for—

(a)
a firearms licence; or
(b)
the addition of categories of firearms to which a licence relates; or
(c)
the endorsement of a further purpose or purposes on a licence,
to complete to the satisfaction of the Registrar 1 or more of the following:
(d)
a course in the safe handling, carriage and use of firearms nominated by the Registrar;
(e)
a written examination in the safe handling, carriage and use of firearms nominated by the Registrar;
(f)
a practical examination in the safe handling, carriage and use of firearms nominated by the Registrar.
(2)
Subregulation (1) does not apply to an application for the renewal of a licence unless—
(a)
a period of 1 year or more has elapsed since the licence expired; or
(b)
the licence will authorise the possession and use of additional categories of firearm or will authorise the possession and use of firearms for additional purposes; or
(c)
the licence is endorsed for use in the course of carrying on the business of guarding property or use in guarding property in the course of employment by a person who carries on that business.

29Instructors and examiners

(1)
The Registrar may authorise any suitable person to conduct a course or examination for the purposes of this Division.
(2)
A person who conducts a course or examination under this Division—
(a)
must not allow a person (the attendee) to attend the course or sit for the examination unless the attendee produces, for the person's inspection, a notice issued by the Registrar under regulation 28; and
(b)
must compile, in a form approved by the Registrar, and keep for at least 3 years, a record of the names and addresses of all persons who attend the course or sit for the examination.
Maximum penalty: $2 500.
(3)
A person referred to in subregulation (1) must provide the Registrar with such information as the Registrar requests relating to courses or examinations conducted by the person.
Maximum penalty: $2 500.

Division 5Company Nominees

30Application for approval of nominees of licensed companies

(1)
For the purposes of section 16 of the Act, an application for approval of a person as a company's principal or secondary nominee—
(a)
must be made to the Registrar in the manner and form approved by the Registrar; and
(b)
must be accompanied by any documents required under these regulations or by the Registrar; and
(c)
must be accompanied by the prescribed application fee.
(2)
An application for approval of a person as a company's nominee must be accompanied by—
(a)
documentation provided by the company supporting the application; and
(b)
details of the firearms in the possession of the company over which the nominee is intended to exercise control and the place at which those firearms will be kept.
(3)
The Registrar may require an applicant to provide any information the Registrar requires to determine the application.
(4)
The Registrar may only refuse an application for approval of a person as a company's nominee if the Registrar is not satisfied—
(a)
that the applicant has made the application in accordance with the Act (and these regulations) and met the requirements of the Registrar in connection with the application; or
(b)
that the person holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; or
(c)
that the person is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia; or
(d)
that the person is a fit and proper person to have control of the firearms in the possession of the company under the company's licence.

31Revocation of approval

(1)
The Registrar may revoke the approval of a company's nominee—
(a)
on application of the company or the nominee; or
(b)
on the Registrar's own initiative by written notice to the company and the nominee, on any ground on which the Registrar might refuse to approve the person as a nominee of the company.
(2)
If the Registrar revokes the approval of a company's secondary nominee, written notice of the revocation must also be given to the company's principal nominee.

32Records to be kept by company nominee

A person approved as a company's nominee must keep a record of—
(a)
the firearms under the person's control as the company's nominee; and
(b)
the names of the persons who have possession of those firearms and the periods during which they have possession of them.
Maximum penalty: $2 500.
Expiation fee: $210.

33Registrar to be notified of change of address

A company nominee must, within 14 days, give the Registrar written notice, in a form approved by the Registrar, of a change of the person's address.
Maximum penalty: $2 500.
Expiation fee: $210.

Division 6General provisions relating to licences

34Registrar to be notified of change of address etc

A licensee must, within 14 days, give the Registrar written notice, in a form approved by the Registrar, of a change of the licensee's name or address or any other detail recorded on the licence.
Maximum penalty: $2 500.
Expiation fee: $210.

35Duty to carry licence

(1)
A licensee must carry the licensee's firearms licence, or a legible copy of the licensee's firearms licence (which may be in electronic form), when the licensee has physical possession or control of a firearm under the licence or is supervising the use of a firearm by another person in circumstances authorised under the Act.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)
Subregulation (1) does not apply to a licensed dealer who has possession of a firearm in the ordinary course of the person's business under the licence.

36Return of licence to Registrar

(1)
A person whose licence has been suspended or cancelled must immediately return the licence to the Registrar.
Maximum penalty: $5 000.
(2)
A licensee must return the licence to the Registrar in accordance with any directions given by the Registrar in order to vary the licence.
Maximum penalty: $5 000.

37Replacement of licence

If a person applies for replacement of a licence, and the Registrar is satisfied, on the information provided by the applicant or on such other evidence as the Registrar requires, that the licence has been lost, stolen or destroyed, the Registrar may, on payment of the prescribed fee, issue a replacement for the licence.

38Licences granted to natural persons to include photographs

(1)
A firearms licence granted to a natural person must include a photograph of the licensee.
(2)
The Registrar may require an applicant for a licence or the holder of a licence that is to be varied or replaced—
1. (a)
  to attend at a specified place for the purpose of having the applicant's photograph taken; or
2. (b)
  to supply the Registrar with 1 or more photographs of the applicant or holder of the licence specified by the Registrar.
(3)
If—
1. (a)
  an application is made for a licence or the variation or replacement of a licence; and
2. (b)
  —
  1. (i)
    the applicant fails to comply with a requirement under subregulation (2); or
  2. (ii)
    a photograph taken or supplied under subregulation (2) is not suitable, in the Registrar's opinion, for inclusion in a licence,

the Registrar may suspend consideration of the application until the applicant complies with the requirement or a suitable photograph is taken or supplied.

(4)
If the Registrar varies a licence on the Registrar's own initiative and the licensee refuses or fails to comply with a requirement under subregulation (2)(a), the Registrar may suspend or cancel the licence.
(5)
The Registrar may issue an interim licence that does not include a photograph of the licensee if the Registrar determines that it is appropriate to do so.
(6)
An interim licence comes into force on the day specified on the licence and remains in force for 90 days or until a licence that includes a photograph is issued to the applicant, whichever first occurs.

Part 3Exemptions and permitsDivision 1Exemptions

39Exemptions for persons visiting or moving to South Australia

(1)
This regulation authorises the possession or use of a firearm for a purpose in South Australia only if the possession or use of that firearm for that purpose could be authorised by a firearms licence other than, subject to subregulation (3), a category 11 (dealer) licence or a category 12 (miscellaneous) licence.
(2)
Pursuant to section 8(5) of the Act, but subject to this regulation, a person whose usual place of residence is in another State or a Territory of the Commonwealth may possess or use a firearm for a purpose in South Australia, without holding a firearms licence, if the person is authorised to possess or use that firearm for that purpose under the law of the person's usual place of residence.
(3)
This regulation authorises a person whose usual place of residence is in another State or a Territory of the Commonwealth to—
(a)
possess or use a category A or B firearm; or
(b)
possess a firearm of any category (including a prescribed firearm) that has been rendered permanently unusable,
in South Australia for the purpose of historical re-enactment without holding a firearms licence, if the person is authorised to possess or use that firearm for that purpose under the law of the person's usual place of residence.
(4)
Pursuant to section 8(5) of the Act, but subject to this regulation, a person who moves the person's usual place of residence to South Australia may, for the period of 3 months after moving, possess or use a firearm for a purpose in South Australia, without holding a firearms licence, if the person could possess or use that firearm for that purpose under the law of the person's former place of residence.
(5)
Subregulation (4) does not authorise a person to use a category C, D or H firearm in South Australia.
(6)
A person referred to in subregulation (2), (3) or (4) who has been issued with a licence or other authority authorising the possession or use of the firearm under the law of the person's usual or former place of residence must carry the licence or other authority when the firearm is in the person's physical possession or control in South Australia, and must produce the licence or other authority to a police officer on request.
(7)
A person referred to in subregulation (4) must, within 7 days after moving the person's usual place of residence to South Australia, apply under the Act for a firearms licence in respect of the firearm and for registration of the firearm.
(8)
An exemption provided by this regulation does not apply in favour of—
(a)
a person who fails to comply with subregulation (6) or (7); or
(b)
a person who handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm.

40Further exemptions from requirement to hold firearms licence

(1)
Pursuant to section 8(5) of the Act, the following persons are, subject to subregulation (2), exempt from the requirement to hold a firearms licence under the Act:
1. (a)
  a person who has possession of or uses a category C firearm on the grounds of a recognised firearms club that is affiliated with The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated for the purpose of shooting in an activity of the club conducted in accordance with the rules of the Australian Clay Target Association Incorporated if that person is with, and is under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used;
2. (b)
  a person 14 years of age or more but under the age of 18 years who has possession of or uses a firearm at facilities provided by the South Australian Sports Institute if that person is (with the consent of the person's parent or guardian) with, and under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used;
3. (c)
  a person of any age who has possession of or uses a firearm (including a prescribed firearm)—
  1. (i)
    in the course of rehearsal for, or the performance of, a theatrical production; or
  2. (ii)
    in the course of rehearsal for, or the filming of, a scene in the production of a film,
if that person is under the continuous supervision of a person who holds a firearms licence, or a foreign theatrical armourer permit, authorising possession of the firearm for the purpose for which it is being used.
(2)
A person is not exempt from holding a firearms licence in circumstances referred to in subregulation (1) if the person—
1. (a)
  is suspended from holding a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth; or
2. (b)
  has been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; or
3. (c)
  is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or
4. (d)
  handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm.
(3)
If a person is exempt from holding a firearms licence in circumstances referred to in subregulation (1), the Act does not apply to the acquisition of the firearm by the person in those circumstances.

41Exemption relating to employment of persons by licensed dealers

Pursuant to section 8(5) of the Act, if a licensed dealer employs a disqualified person who holds a category 11 (dealer) licence in the business of the dealer, and the person is a disqualified person solely by virtue of having been found guilty of an offence under this Act or the repealed Act that is not—
(a)
an offence prescribed for the purposes of paragraph (c)(iii) of the definition of disqualified person in section 11(7) of the Act, or
(b)
an offence prescribed for the purposes of section 15(5) of the Act,
the licensed dealer and the person are exempt from the operation of section 11(1) of the Act in relation to that employment (and do not commit an offence against section 11(1)).

42Exemption in relation to gas cylinders

Pursuant to section 8(5) of the Act, a person who acquires, owns, possesses or supplies a cylinder of compressed gas designed for use in a firearm is exempt from the application of section 31 of the Act in relation to that acquisition, ownership, possession or supply.

43Exemption from certain provisions of Act for collectors of Very pistols

Pursuant to section 8(5) of the Act, a person who holds—
(a)
a category 10 (collector) licence; or
(b)
a category 12 (miscellaneous) licence that authorises the collection, or collection and display, of firearms,
and who acquires, owns or possesses a Very pistol for the purposes only of collection, or collection and display, is exempt from the application of sections 22, 27 and 29 of the Act in relation to that acquisition, ownership or possession subject to the condition that the Very pistol must not be used to fire signalling or emergency distress flares, pyrotechnic shells or other projectiles.

44Exempt firearms

Pursuant to section 8(5) of the Act, the following are excluded from the provisions of the Act and these regulations:
(a)
captive bolt guns;
(b)
tools or instruments powered by burning propellant or by compressed air or other compressed gas;
(c)
rocket line launchers;
(d)
devices designed to throw a net to catch animals;
(e)
devices designed to throw an object for shotgun target practice;
(f)
dog retrievers;
(g)
Very pistols, the possession and use of which is only for the purpose of signalling distress or rescuing persons in distress;
(h)
firearms that—
(i)
have been fitted with a transmitter of infrared electromagnetic waves or a receiver of such waves or both; and
(ii)
have been modified so as to be incapable of firing a projectile; and
(iii)
cannot easily be modified to fire projectiles;
(i)
underwater firearms;
(j)
firearms that are not designed to be carried by hand and that have a calibre that exceeds 19.1 millimetres and—
(i)
have been rendered permanently unusable so as to be incapable of firing a projectile; or
(ii)
for which ammunition is not commercially available;
(k)
receivers of firearms referred to in a preceding paragraph.
Note—
The definition of firearm in section 4(1) of the Act excludes an antique firearm. Antique firearm is defined in section 5(2) of the Act.

Division 2Permits

45International visitor firearms permits (section 8(2)(a) of Act)

(1)
Subject to this regulation, the Registrar may, on the application of a person who is visiting, or who intends visiting, Australia, issue an international visitor firearms permit to the applicant authorising the applicant to possess and use a firearm for 1 or more of the following purposes as specified in the permit:
(a)
competitive shooting;
(b)
hunting;
(c)
providing personal security services for a foreign dignitary or official;
(d)
commemorative and ceremonial events;
(e)
historical re-enactment or display;
(f)
testing or demonstrating firearms for a government department, agency or instrumentality.
(2)
The application must—
(a)
be made in a manner and form approved by the Registrar; and
(b)
include such information as the Registrar requires; and
(c)
be accompanied by the prescribed application fee.
(3)
The Registrar may require an applicant to provide any further information the Registrar requires to determine the application.
(4)
The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions.
(5)
A permit issued under this regulation is subject to the following conditions:
(a)
the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms;
(b)
the permit holder must—
(i)
within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and
(ii)
within 7 days, give the Registrar written notice, in a form approved by the Registrar,
of the theft or loss of a firearm in the person's possession.
(6)
A permit—
(a)
may be issued for such term as the Registrar thinks fit; and
(b)
is subject to (in addition to the limitations and conditions prescribed by other provisions of this regulation) any limitations or conditions imposed by the Registrar; and
(c)
may be varied or revoked by the Registrar at any time.
(7)
A permit issued under this regulation—
(a)
must identify the firearm or firearms to which it applies; and
(b)
must not be issued in relation to a category D firearm or a prescribed firearm; and
(c)
must specify any exemption that applies under subregulation (4).

46Foreign theatrical armourer permits (section 8(2)(b) of Act)

(1)
Subject to this regulation, the Registrar may, on the application of a foreign theatrical armourer, grant a foreign theatrical armourer permit to the armourer authorising the armourer to possess or use a firearm for the purpose of film, television or theatre production in South Australia.
(2)
The application must—
1. (a)
  be made in a manner and form approved by the Registrar; and
2. (b)
  include such information as the Registrar requires; and
3. (c)
  be accompanied by the prescribed application fee.
(3)
The Registrar may require an applicant to provide any information the Registrar requires to determine the application.
(4)
The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions.
(5)
A permit issued under this regulation is subject to the following conditions:
1. (a)
  in the case of a permit authorising the possession of a prescribed firearm—that the firearm must not be used to fire a projectile;
2. (b)
  the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms;

1. (c)
  the permit holder must carry the permit when a firearm is in the person's physical possession or control in South Australia or the permit holder is supervising a person who has possession of, or is using, a firearm for the purposes of a film, television or theatrical production in South Australia, and must produce the permit to a police officer on request;
2. (d)
  the permit holder must—
  1. (i)
    within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and
  2. (ii)
    within 7 days, give the Registrar written notice, in a form approved by the Registrar,
of the theft or loss of a firearm in the person's possession.
(6)
A permit—
1. (a)
  may be issued for such term as the Registrar thinks fit; and
2. (b)
  is subject to (in addition to the limitations and conditions prescribed by other provisions of this regulation) any limitations or conditions imposed by the Registrar; and
3. (c)
  may be varied or revoked by the Registrar at any time.
(7)
A permit may only apply to a category of firearm that the foreign theatrical armourer is authorised to possess or use for the purpose of film, television or theatre production under the law of the armourer's usual place of residence.
(8)
A permit issued under this regulation must specify any exemption that applies under subregulation (4).

47Foreign firearms dealer permits (section 8(2)(c) of Act)

(1)
Subject to this regulation, the Registrar may, on the application of a foreign firearms dealer who is attending, or intends to attend, an arms fair, grant a foreign firearms dealer permit to the dealer authorising the possession or use of a firearm or ammunition, or the possession of a firearm part, for 1 or more of the following purposes as specified in the permit:
1. (a)
  the display of firearms, firearm parts or ammunition by the dealer at the arms fair;
2. (b)
  the sale of firearms, firearm parts or ammunition by the dealer at the arms fair;
3. (c)
  the purchase of firearms, firearm parts or ammunition by the dealer at the arms fair;
4. (d)
  the use of firearms, firearm parts or ammunition by the dealer at the arms fair;
5. (e)
  supervising the use of a firearm (at a specified place) by a person who is considering acquiring the firearm from the dealer, for the purpose of testing the firearm.
(2)
Subject to subregulation (3), a permit may only apply to a category of firearm or to firearm parts or ammunition of a kind that a foreign firearms dealer is authorised to possess or use under the law of the jurisdiction authorising the dealer to carry on the business of a firearms dealer in that jurisdiction.
(3)
A permit with respect to the possession or use of firearms or firearm parts may only be granted in relation to category A, B or H firearms or firearm parts for a category A, B or H firearm.
(4)
The application must—
1. (a)
  be made in a manner and form approved by the Registrar; and
2. (b)
  include such information as the Registrar requires; and
3. (c)
  be accompanied by the prescribed application fee.
(5)
The Registrar may require an applicant to provide any further information the Registrar requires to determine the application.
(6)
The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions.
(7)
A permit issued under this regulation is subject to the following conditions:
1. (a)
  the permit holder must, before bringing a firearm into the State under the permit, provide the Registrar with the details of—
  1. (i)
    the category, make, model, type, action, calibre and magazine capacity of the firearm; and
  2. (ii)
    the number or characters constituting the identifying mark of the firearm;
2. (b)
  the permit holder must not display 2 or more identical firearms or firearm parts or more than 50 rounds of identical ammunition;
3. (c)
  the permit holder must not supply a firearm, firearm part or ammunition to a person under the permit other than to a licensed dealer or a person the permit holder is satisfied, after inspecting the relevant permit or licence (or both) held by the person, is entitled to acquire and possess the firearm, firearm part or ammunition;
4. (d)
  in relation to a firearm acquired or supplied by the permit holder under the permit, the permit holder must record in duplicate, in a form approved by the Registrar—
  1. (i)
    the name and address of the person from whom the firearm was acquired, or to whom the firearm was supplied (as the case requires) and licence number of the person's firearms licence; and
  2. (ii)
    the category, make, model, type, action, calibre and magazine capacity of the firearm; and
  3. (iii)
    the number or characters constituting the identifying mark of the firearm; and
  4. (iv)
    any other information as required by the Registrar;
5. (e)
  the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the permit holder's possession and the permit holder's facilities for the storage and safe keeping of the firearms;
6. (f)
  the permit holder must carry the permit when carrying on the business of a dealer at an arms fair and must produce the permit to a police officer on request;
7. (g)
  the permit holder must—
  1. (i)
    within 24 hours, unless the permit holder has a reasonable excuse for not doing so, provide an oral report to a police officer; and
  2. (ii)
    within 7 days, give the Registrar written notice, in a form approved by the Registrar,
of the theft or loss of a firearm in the permit holder's possession.
(8)
A permit—
1. (a)
  may be issued for such term as the Registrar thinks fit; and
2. (b)
  is subject to (in addition to the limitations and conditions prescribed by this regulation) any limitations or conditions imposed by the Registrar; and
3. (c)
  may be varied or revoked by the Registrar at any time.
(9)
A permit issued under this regulation must specify any exemption that applies under subregulation (6).
(10)
In subregulation (7)(d)(i), a reference to a firearms licence includes a reference to a firearms licence or a similar licence or authorisation issued under a corresponding law of another jurisdiction.

48Keeping and provision of records by holder of foreign firearms dealer permit

A person who holds, or has held, a foreign firearms dealer permit must—
(a)
within 28 days of the end of an arms fair attended by the person pursuant to the permit—
(i)
in respect of the records required to be made in accordance with regulation 47(7)(d), provide the Registrar with the original records, or an electronic copy of the original records; or
(ii)
if no firearms were acquired or supplied by the holder at the arms fair under the permit, provide a statement of "Nil Return" to the Registrar, in a form approved by the Registrar (which may be by electronic means); and
(b)
—
(i)
if the original records were provided to the Registrar under paragraph (a)(i), keep the duplicate copy of the records; or
(ii)
if an electronic copy of the original records was provided to the Registrar under paragraph (a)(i), keep the original records,
for at least 3 years.
Maximum penalty: $5 000.

49Firearm refurbishment permits (section 8(2)(d) of Act)

(1)
Subject to this regulation, the Registrar may, on application, grant a firearm refurbishment permit to a person authorising the person to possess firearms for the purpose of carrying on the business of refurbishing firearms.
(2)
The application must—
1. (a)
  be made in a manner and form approved by the Registrar; and
2. (b)
  include such information as the Registrar requires; and
3. (c)
  be accompanied by the prescribed application fee.
(3)
The Registrar may require an applicant to provide any further information the Registrar requires to determine the application.
(4)
The Registrar must not grant a permit under this regulation unless the Registrar is satisfied that the person is a fit and proper person to hold the permit.
(5)
The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions.
(6)
A permit issued under this regulation is subject to the following conditions:
1. (a)
  the permit holder must, in respect of a firearm that comes into or leaves the possession of the permit holder for refurbishing, record in duplicate, in a form approved by the Registrar—
  1. (i)
    the name and address of the person giving possession of the firearm to the permit holder and the licence number of the person's firearms licence; and
  2. (ii)
    the name and address of the person taking possession of the firearm from the permit holder and the licence number of the person's firearms licence; and
  3. (iii)
    the category, make, model, type, action, calibre and magazine capacity of the firearm; and
  4. (iv)
    the number or characters constituting the identifying mark of the firearm; and
  5. (v)
    the date on which the firearm came into, and left, the permit holder's possession; and
  6. (vi)
    any other information as required by the Registrar;
2. (b)
  the permit holder must—
  1. (i)
    keep the records made under the permit in accordance with paragraph (a) for at least 3 years; and
  2. (ii)
    at the request of the Registrar, provide the original records, or a copy of the original records, (including by electronic means) to the Registrar within the time specified by the Registrar;
3. (c)
  the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms;
4. (d)
  the permit holder must, on the request of a police officer, produce the permit to the officer;
5. (e)
  the permit holder must—
  1. (i)
    within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and
  2. (ii)
    within 7 days, give the Registrar written notice, in a form approved by the Registrar,
of the theft or loss of a firearm in the person's possession.
(7)
A permit—
1. (a)
  may be issued for such term (not exceeding 5 years) as the Registrar thinks fit; and
2. (b)
  is subject to (in addition to the limitations and conditions prescribed by this regulation) any limitations or conditions imposed by the Registrar; and
3. (c)
  may be varied or revoked by the Registrar at any time.
(8)
A permit may not be granted in relation to a prescribed firearm.
(9)
A permit issued under this regulation must specify any exemption that applies under subregulation (5).
(10)
In subregulation (6)(a), a reference to a firearms licence includes a reference to a firearms licence or a similar licence or authorisation issued under a corresponding law of another State or Territory of the Commonwealth.

50Return of permit to Registrar

(1)
If a permit granted to a person under this Division is revoked, the person must immediately return the permit to the Registrar.
Maximum penalty: $5 000.
(2)
A permit holder must return the permit to the Registrar in accordance with any directions given by the Registrar in order to vary the permit.
Maximum penalty: $5 000.

Part 4Acquisition, supply and transfer of possession of firearms51Prescribed process for acquisition of firearm

Note—
For requirements that apply to the acquisition of a firearm by or from a licensed dealer (including the acquisition of a firearm by or from a licensed dealer as the agent of the owner of the firearm)—see regulation 53.
(1)
For the purposes of section 22(1)(b) of the Act, but subject to this regulation, the prescribed process for a person's acquisition of a firearm from another (the supplier) is as follows:
(a)
the firearm must be delivered into the person's physical possession by the supplier while they are together in the presence of a prescribed person;
(b)
the delivery of the firearm must be witnessed by the prescribed person;
(c)
the person and the supplier must produce the licences and permit and provide the prescribed person with the information necessary to enable the prescribed person to comply with the prescribed person's obligations under paragraph (d);
(d)
the prescribed person must—
(i)
be satisfied, by inspecting the relevant licence and permit that the person acquiring the firearm is entitled to acquire and possess it; and
(ii)
at the time of the transaction, record in a form approved by the Registrar—
(A)
the name and address of the supplier and the person acquiring the firearm and the licence number of the firearms licence held by each person; and
(B)
the category, make, model, type, action, calibre and magazine capacity of the firearm; and
(C)
the number or characters constituting the identifying mark of the firearm; and
(D)
the date and time of the transaction; and
(iii)
provide the Registrar with the original of the record within 7 days after the end of the month in which the transaction occurred, or as requested by the Registrar.
(2)
If a firearm is acquired from a person outside South Australia—
(a)
subregulation (1) does not apply; and
(b)
the person must acquire the firearm through a licensed dealer in this State, acting as an agent of the person.
(3)
If the person acquiring the firearm is a company or the supplier is a company, the requirements of subregulation (1) must be satisfied by the company's principal or secondary nominee on behalf of the company.
(4)
If a prescribed person is unable to comply with subregulation (1) because a person fails to produce the necessary licence or permit or to provide the necessary information, the prescribed person must prepare and submit a report to the Registrar setting out such information as the Registrar requires in relation to the matter.
(5)
A prescribed person may refuse to witness the delivery of a firearm under subregulation (1) if the person is not first paid the prescribed fee.
(6)
A licensed dealer, licensed employee of a dealer or a responsible officer of a recognised firearms club who agrees to witness the delivery of a firearm under subregulation (1) but fails to comply with a requirement under that provision or subregulation (4) is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(7)
A licensed dealer must make a copy of a record made by the dealer or a licensed employee of the dealer under this regulation and the licensed dealer must keep the copy of the record at the premises specified in the dealer's licence for a period of not less than 3 years from the date on which the record was made.
Maximum penalty: $5 000.
Expiation fee: $315.
(8)
A responsible officer of a recognised firearms club must make a copy of a record made by the responsible officer under this regulation and the officer must keep the copy of the record at a place approved by the Registrar for a period of not less than 3 years from the date on which the record was made.
Maximum penalty: $5 000.
Expiation fee: $315.
(9)
In this regulation—
licensed employee of a licensed dealer means a person who holds a category 11 (dealer) licence as an employee of a licensed dealer;
prescribed person means—
(a)
a police officer; or
(b)
a licensed dealer or a licensed employee of a licensed dealer who is acting in the ordinary course of the employee's employment; or
(c)
a responsible officer of a recognised firearms club authorised by the Registrar to be a prescribed person for the purposes of this regulation; or
(d)
a Public Service employee authorised by the Registrar to be a prescribed person for the purposes of this regulation.
(10)
In subregulations (1)(c), (1)(d) and (4), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth.

52Retention and production of written loan or hire agreements for acquisition of firearms (other than from licensed dealers)

(1)
For the purposes of section 22(8) of the Act, the following provisions apply to a written agreement for the loan or hire of a firearm:
1. (a)
  each party must retain a copy of the agreement for the duration of the period for which the firearm is loaned or hired;
2. (b)
  the licensee borrowing or hiring the firearm must carry a copy of the agreement when the licensee has physical possession or control of the firearm to which the agreement relates;
3. (c)
  a party to the agreement must, at the request of a police officer, produce a copy of the agreement for inspection by the police officer as soon as is reasonably practicable after the request is made;
4. (d)
  a police officer may retain a copy of the agreement for such reasonable period of time as is necessary to make a copy of the agreement.
(2)
A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under this regulation.

Maximum penalty: $2 500.

53Requirements in relation to supply of firearm by licensed dealer (section 22(9) of Act)

(1)
For the purposes of section 22(9) of the Act, a licensed dealer must, in respect of a firearm supplied by the dealer in the ordinary course of the dealer's business (including by the licensed dealer as the agent of the owner of the firearm) be satisfied that the person acquiring the firearm is entitled to acquire and possess the firearm—
1. (a)
  in the case of a firearm supplied to another licensed dealer in the ordinary course of that dealer's business (including by that dealer as the agent of a person acquiring the firearm)—by inspecting the firearms licence (or if the dealer is not present in this State, a copy of the firearms licence) held by the dealer authorising the person to carry on the business of a dealer; or
2. (b)
  in the case of a firearm supplied to a person other than a licensed dealer—by inspecting the relevant firearms licence and permit held by the person.
(2)
In subregulation (1), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth.

54Licensed dealer records and returns relating to firearms and ammunition

(1)
A licensed dealer must compile records and provide returns as required by this regulation in the manner and form approved by the Registrar for that purpose.
(2)
A licensed dealer must, in respect of a firearm acquired or supplied by the dealer, or that otherwise comes into or leaves the possession of the dealer in the ordinary course of the dealer carrying on the business of a dealer (including for hire, repair, consignment or safe keeping), record in duplicate, as the case requires—
1. (a)
  the name and address of the owner of the firearm and the licence number of the firearms licence held by the owner of the firearm acquired by, or that otherwise comes into the possession of, the dealer (including if the dealer is acting as the agent of the owner of the firearm); and
2. (b)
  in the case of a firearm supplied by, or otherwise leaving the possession of, the dealer (including by the dealer acting as the agent of the owner of the firearm)—the name and address of the person acquiring, or otherwise taking possession of, the firearm, and the licence number of the firearms licence held by that person; and
3. (c)
  in the case of a firearm hired out by the dealer—the duration and terms of the hire agreement; and
4. (d)
  the category, make, model, type, action, calibre and magazine capacity of the firearm; and
5. (e)
  the number or characters constituting the identifying mark of the firearm; and
6. (f)
  any other information required by the Registrar.
(3)
Subregulation (2) does not apply to a transaction in respect of which records have been made by a dealer under regulation 51.
(4)
Within 7 days after the end of each month the dealer must, in respect of records required under subregulation (2)—
1. (a)
  deliver the original records in respect of that month to the Registrar; or
2. (b)
  provide a copy of the original records in respect of that month to the Registrar by electronic means.
(5)
If, during a month, no firearms have been acquired by or have otherwise come into the possession of the dealer, or no firearms have been supplied by or otherwise left the possession of the dealer, the dealer must provide a copy (including by electronic means) of the appropriate form to the Registrar containing the statement "Nil Return".
(6)
A licensed dealer must—
1. (a)
  compile such records as required by the Registrar with respect to ammunition bought or sold by the dealer in the ordinary course of the dealer carrying on the business of a dealer; and

(xiii)
an offence against section 33H (Procuring child to commit offence);
(xiv)
an offence against section 33I (Supply or administration of controlled drug);
(xv)
an offence against section 33J (Manufacture of controlled drugs);
(xvi)
an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984;
(xvii)
an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act;
(xviii)
an offence against section 33LA (Possession or supply of prescribed equipment);
(xix)
an offence against section 33LAB (Possession or supply of instructions);
(xx)
an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor);
(xxi)
an offence against section 33LD (Intentional manufacture of controlled drug alternative);
(xxii)
an offence against section 33LE (Promoting controlled drug alternative);
(xxiii)
an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative);
(c)
an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc);
(d)
any offence against the Criminal Law Consolidation Act 1935;
(e)
an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc);
(f)
an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order);
(g)
the following offences against the Road Traffic Act 1961:
(i)
an offence against section 47 (Driving under the influence);
(ii)
an offence against section 47B (Driving while having a prescribed concentration of alcohol in blood);
(iii)
an offence against section 47BA (Driving with prescribed drug in oral fluid or blood);
(h)
the following offences against the Serious and Organised Crime (Control) Act 2008:
(i)
an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012;
(ii)
an offence against section 22I (Offence to contravene or fail to comply with control order);
(iii)
an offence against section 32 (Offence to contravene or fail to comply with public safety order);
(iv)
an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation;
(v)
an offence against section 34B (Recruiting person to become member of declared organisation);
(vi)
an offence against section 35 (Criminal associations);
(vii)
an offence against section 36 (Provision of personal details);
(i)
the following offences against the Summary Offences Act 1953:
(i)
an offence against section 6(1) (Assaulting and hindering police);
(ii)
an offence against section 6A (Violent disorder);
(iii)
an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012;
(iv)
an offence against section 21B (Body armour);
(v)
an offence against section 21C (Offensive weapons and dangerous articles etc);
(vi)
an offence against section 21F (Prohibited weapons);
(vii)
an offence against section 21I (Effect of weapons prohibition order);
(viii)
an offence against section 62 (False reports to police);
(ix)
an offence against section 62A (Creating false belief as to events calling for police action);
(x)
an offence against section 66K (Offence to contravene or fail to comply with notice);
(xi)
an offence against section 74BJ (Hindering removal or modification of fortifications);
(j)
an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided);
(k)
an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc);
(l)
offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph;
(m)
an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth.
Part 2—Prescribed offences—possession and use of firearms—aggravated offence (section 9(7)(c) of Act)
2—Prescribed offences—possession and use of firearms—aggravated offence
For the purposes of section 9(7)(c) of the Act, the following offences against the Controlled Substances Act 1984 are prescribed:
(a)
an offence against section 32 (Trafficking);
(b)
an offence against section 33 (Manufacture of controlled drugs for sale);
(c)
an offence against section 33A (Sale, manufacture etc of controlled precursor);
(d)
an offence against section 33B (Cultivation of controlled plants for sale);
(e)
an offence against section 33C (Sale of controlled plants);
(f)
an offence against section 33F (Sale, supply or administration of controlled drug to child);
(g)
an offence against section 33G (Sale, supply or administration of controlled drug in school zone);
(h)
an offence against section 33I (Supply or administration of controlled drug);
(i)
an offence against section 33J (Manufacture of controlled drugs);
(j)
an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984;
(k)
an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act;
(l)
an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor);
(m)
an offence against section 33LD (Intentional manufacture of controlled drug alternative);
(n)
an offence against section 33LE (Promoting controlled drug alternative);
(o)
an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative).
Part 3—Prescribed offences—disqualification of employment of person by licensed dealer (section 11(7)(c)(iii) of Act)
3—Prescribed offences—disqualification of employment of person by licensed dealer
For the purposes of section 11(7)(c)(iii) of the Act, the following offences are prescribed:
(a)
an offence against section 11A(2) of the Bail Act 1985 (Bail authority may direct person to surrender firearm etc);
(b)
the following offences against the Controlled Substances Act 1984:
(i)
an indictable offence against section 32 as in force immediately before the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005;
(ii)
an offence against section 32 (Trafficking) as in force following the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005;
(iii)
an offence against section 33 (Manufacture of controlled drugs for sale);
(iv)
an offence against section 33A (Sale, manufacture etc of controlled precursor);
(v)
an offence against section 33B (Cultivation of controlled plants for sale);
(vi)
an offence against section 33C (Sale of controlled plants);
(vii)
an offence against section 33F (Sale, supply or administration of controlled drug to child);
(viii)
an offence against section 33G (Sale, supply or administration of controlled drug in school zone);
(ix)
an offence against section 33H (Procuring child to commit offence);
(x)
an indictable offence against section 33I (Supply or administration of controlled drug);
(xi)
an offence against section 33J (Manufacture of controlled drugs);
(xii)
an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984;
(xiii)
an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act;
(xiv)
an offence against section 33LA (Possession or supply of prescribed equipment);
(xv)
an offence against section 33LAB (Possession or supply of instructions);
(xvi)
an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor);
(xvii)
an offence against section 33LD (Intentional manufacture of controlled drug alternative);
(xviii)
an offence against section 33LE (Promoting controlled drug alternative);
(xix)
an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative);
(c)
an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc);
(d)
the following offences against the Criminal Law Consolidation Act 1935:
(i)
an offence against Part 3 (Offences against the person etc), other than—
(A)
a basic offence against section 19(2); or
(B)
an offence against section 19A(1) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(C)
a first offence that is a basic offence against section 19A(3) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person; or
(D)
an offence against section 19A(3) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(E)
an offence against section 19AB(2) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(F)
a first offence that is a basic offence against section 19AD(1); or
(G)
a basic offence against section 20(3)(a); or
(H)
a basic offence against section 29(2); or
(I)
a basic offence against section 29(3); or
(J)
an offence against section 32A; or
(K)
an offence against section 32C(2); or
(L)
an offence against section 61; or
(M)
an offence against section 78; or
(N)
an offence against section 81; or
(O)
an offence against section 82; or
(P)
an offence against section 83;
(ii)
an offence against Part 3A (Offences relating to public order);
(iii)
an offence against Part 3B (Offences relating to criminal organisations);
(iv)
an offence against Part 4 (Offences with respect to property), other than—
(A)
an offence against section 85(3); or
(B)
a basic offence against section 85(4); or
(C)
an offence against section 85A; or
(D)
an offence against section 86; or
(E)
an offence against section 86A;
(v)
an offence against Part 5 (Offences of dishonesty), other than—
(A)
a basic offence against section 134; or
(B)
an offence against section 138(2); or
(C)
an offence against section 138A(2); or
(D)
a basic offence against section 139; or
(E)
a basic offence against section 140(4); or
(F)
an offence against section 140(6); or
(G)
an offence against section 141(1); or
(H)
an offence against section 141(2); or
(I)
an offence against section 142; or
(J)
an offence against section 143;or
(K)
an offence against section 144;
(vi)
an offence against Part 5A (Identity theft), other than an offence against section 144D;
(vii)
an offence against Part 6A (Serious criminal trespass), other than a basic offence against section 170A;
(viii)
an offence against section 248 (Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings);
(ix)
an offence against Part 7 Division 4 (Offences relating to public officers);
(x)
an offence against section 267AA (Offence where unlawfully supplied firearm used in subsequent offence);
(xi)
an offence against section 270C (Going equipped for commission of offence of dishonesty or offence against property);
(xii)
an offence against section 270D (Going equipped for commission of offence against the person);
(e)
an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc);
(f)
an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order);
(g)
the following offences against the Serious and Organised Crime (Control) Act 2008:
(i)
an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012;
(ii)
an offence against section 22I (Offence to contravene or fail to comply with control order);
(iii)
an offence against section 32 (Offence to contravene or fail to comply with public safety order);
(iv)
an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation;
(v)
an offence against section 34B (Recruiting person to become member of declared organisation);
(vi)
an offence against section 35 (Criminal associations);
(vii)
an offence against section 36 (Provision of personal details);
(h)
the following offences against the Summary Offences Act 1953:
(i)
an offence against section 6(1) (Assaulting and hindering police);
(ii)
an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012;
(iii)
an offence against section 21B (Body armour);
(iv)
an offence against section 21F (Prohibited weapons);
(v)
an offence against section 21I (Effect of weapons prohibition order);
(vi)
an offence against section 66K (Offence to contravene or fail to comply with notice);
(vii)
an offence against section 74BJ (Hindering removal or modification of fortifications);
(i)
an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided);
(j)
an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc);
(k)
offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph;
(l)
an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth.
Part 4—Prescribed offences—grant of firearms licence (section 15(5) of Act)

4—Prescribed offences—grant of firearms licence

For the purposes of section 15(5) of the Act, the following offences are prescribed:
(a)
an offence against section 11A(2) of the Bail Act 1985 (Bail authority may direct person to surrender firearm etc);
(b)
the following offences against the Controlled Substances Act 1984:
(i)
an indictable offence against section 32 as in force immediately before the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005;
(ii)
an offence against section 32 (Trafficking) as in force following the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005;
(iii)
an offence against section 33 (Manufacture of controlled drugs for sale);
(iv)
an offence against section 33A (Sale, manufacture etc of controlled precursor);
(v)
an offence against section 33B (Cultivation of controlled plants for sale);
(vi)
an offence against section 33C (Sale of controlled plants);
(vii)
an offence against section 33F (Sale, supply or administration of controlled drug to child);
(viii)
an offence against section 33G (Sale, supply or administration of controlled drug in school zone);
(ix)
an offence against section 33H (Procuring child to commit offence);
(x)
an indictable offence against section 33I (Supply or administration of controlled drug);
(xi)
an offence against section 33J (Manufacture of controlled drugs);
(xii)
an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984;
(xiii)
an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act;
(xiv)
an offence against section 33LA (Possession or supply of prescribed equipment);
(xv)
an offence against section 33LAB (Possession or supply of instructions);
(xvi)
an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor);
(xvii)
an offence against section 33LD (Intentional manufacture of controlled drug alternative);
(xviii)
an offence against section 33LE (Promoting controlled drug alternative);
(xix)
an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative);
(c)
an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc);
(d)
the following offences against the Criminal Law Consolidation Act 1935:
(i)
an offence against Part 3 (Offences against the person etc), other than—
(A)
a basic offence against section 19(2); or
(B)
an offence against section 19A(1) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(C)
a first offence that is a basic offence against section 19A(3) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person; or
(D)
an offence against section 19A(3) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(E)
an offence against section 19AB(2) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or
(F)
a first offence that is a basic offence against section 19AD(1); or
(G)
a basic offence against section 20(3)(a); or
(H)
a basic offence against section 29(2); or
(I)
a basic offence against section 29(3); or
(J)
an offence against section 32A; or
(K)
an offence against section 32C(2); or
(L)
an offence against section 61; or
(M)
an offence against section 78; or
(N)
an offence against section 81; or
(O)
an offence against section 82; or
(P)
an offence against section 83;
(ii)
an offence against Part 3A (Offences relating to public order);
(iii)
an offence against Part 3B (Offences relating to criminal organisations);
(iv)
an offence against Part 4 (Offences with respect to property), other than—
(A)
an offence against section 85(3); or
(B)
a basic offence against section 85(4); or
(C)
an offence against section 85A; or
(D)
an offence against section 86; or
(E)
an offence against section 86A;
(v)
an offence against Part 5 (Offences of dishonesty), other than—
(A)
a basic offence against section 134; or
(B)
an offence against section 138(2); or
(C)
an offence against section 138A(2); or
(D)
a basic offence against section 139; or
(E)
a basic offence against section 140(4); or
(F)
an offence against section 140(6); or
(G)
an offence against section 141(1); or
(H)
an offence against section 141(2); or
(I)
an offence against section 142; or
(J)
an offence against section 143; or
(K)
an offence against section 144;
(vi)
an offence against Part 5A (Identity theft), other than an offence against section 144D;
(vii)
an offence against Part 6A (Serious criminal trespass), other than a basic offence against section 170A;
(viii)
an offence against section 248 (Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings);
(ix)
an offence against Part 7 Division 4 (Offences relating to public officers);
(x)
an offence against section 267AA (Offence where unlawfully supplied firearm used in subsequent offence);
(xi)
an offence against section 270C (Going equipped for commission of offence of dishonesty or offence against property);
(xii)
an offence against section 270D (Going equipped for commission of offence against the person);

(e)
an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc);
(f)
the following offences against the Firearms Act 1977:
(i)
offences against the following sections as in force immediately before the commencement of the Firearms Act 2015:
(A)
section 10C (Effect of firearms prohibition order);
(B)
section 11 (Possession and use of firearms);
(C)
section 14 (Trafficking in firearms);
(D)
section 16 (Requirement for dealer's licence);
(E)
section 21 (Breach of conditions etc) that relates to a prescribed firearm or a class C, D, or H firearm;
(F)
section 27 (Manufacture of firearms, firearm parts or silencers);
(G)
section 27AA (Alteration of firearms);
(H)
section 28 (False information);
(I)
section 29 (Handling firearms when under the influence);
(ii)
an offence against section 14A as in force immediately before the commencement of the Firearms (Miscellaneous) Amendment Act 2013;
(g)
the following offences against the Firearms Act 2015:
(i)
an offence against section 9 (Possession and use of firearms);
(ii)
an offence against section 10 (Dealers);
(iii)
an offence against section 11 (Employment of persons by licensed dealers);
(iv)
an indictable offence against section 19 (Breach of conditions);
(v)
an offence against section 22 (Trafficking in firearms);
(vi)
an indictable offence against section 35 (Code of practice);
(vii)
an offence against section 37 (Manufacture of firearms, firearm parts or sound moderators);
(viii)
an offence against section 38 (Alteration of firearms);
(ix)
an offence against section 42 (Handling firearms when under influence of intoxicating liquor or drug);
(x)
an offence against section 45 (Effect of firearms prohibition order);
(xi)
an offence against section 60 (Public safety notices);
(xii)
an offence against section 69 (False or misleading information);
(h)
an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order);
(i)
the following offences against the Serious and Organised Crime (Control) Act 2008:
(i)
an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012;
(ii)
an offence against section 22I (Offence to contravene or fail to comply with control order);
(iii)
an offence against section 32 (Offence to contravene or fail to comply with public safety order);
(iv)
an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation;
(v)
an offence against section 34B (Recruiting person to become member of declared organisation);
(vi)
an offence against section 35 (Criminal associations);
(vii)
an offence against section 36 (Provision of personal details);
(j)
the following offences against the Summary Offences Act 1953:
(i)
an offence against section 6(1) (Assaulting and hindering police);
(ii)
an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012;
(iii)
an offence against section 21B (Body armour);
(iv)
an offence against section 21F (Prohibited weapons);
(v)
an offence against section 21I (Effect of weapons prohibition order);
(vi)
an offence against section 66K (Offence to contravene or fail to comply with notice);
(vii)
an offence against section 74BJ (Hindering removal or modification of fortifications);
(k)
an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided);
(l)
an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc);
(m)
offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph;
(n)
an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations
The Firearms Regulations 2017 revoked the following:
Firearms Regulations 2008
Principal regulations and variations
New entries appear in bold.
Year
No
Reference
Commencement
2017
70
Gazette 23.5.2017 p1760
1.7.2017: r 2
2020
188
Gazette 4.6.2020 p3056
1.7.2020: r 2
2021
41
Gazette 15.4.2021 p1180
15.4.2021: r 2
2021
109
Gazette 8.7.2021 p2773
8.7.2021: r 2
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
r 2
omitted under Legislation Revision and Publication Act 2002
1.7.2020
r 3
r 3(1)
gel ball
inserted by 41/2021 r 4
15.4.2021
r 3A
inserted by 41/2021 r 5
15.4.2021
r 4
r 4(1)
substituted by 41/2021 r 6(1)
15.4.2021
r 4(2)
varied by 41/2021 r 6(2)
15.4.2021
r 5
r 5(2)
varied by 41/2021 r 7
15.4.2021
r 7
r 7(1)
varied by 41/2021 r 8(1), (2)
15.4.2021
r 7(2)
varied by 41/2021 r 8(3)
15.4.2021
r 8A
inserted by 41/2021 r 9
15.4.2021
Pt 12
r 102
r 102(2a)
inserted by 109/2021 r 4
8.7.2021
r 103A
inserted by 109/2021 r 5
8.7.2021
r 105A
inserted by 188/2020 r 4
1.7.2020
Sch 3
omitted under Legislation Revision and Publication Act 2002
1.7.2020
Historical versions
1.7.2020
15.4.2021

Year	No	Reference	Commencement
2017	70	Gazette 23.5.2017 p1760	1.7.2017: r 2
2020	188	Gazette 4.6.2020 p3056	1.7.2020: r 2
2021	41	Gazette 15.4.2021 p1180	15.4.2021: r 2
2021	109	Gazette 8.7.2021 p2773	8.7.2021: r 2

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2020
r 3
r 3(1)
gel ball	inserted by 41/2021 r 4	15.4.2021
r 3A	inserted by 41/2021 r 5	15.4.2021
r 4
r 4(1)	substituted by 41/2021 r 6(1)	15.4.2021
r 4(2)	varied by 41/2021 r 6(2)	15.4.2021
r 5
r 5(2)	varied by 41/2021 r 7	15.4.2021
r 7
r 7(1)	varied by 41/2021 r 8(1), (2)	15.4.2021
r 7(2)	varied by 41/2021 r 8(3)	15.4.2021
r 8A	inserted by 41/2021 r 9	15.4.2021
Pt 12
r 102
r 102(2a)	inserted by 109/2021 r 4	8.7.2021
r 103A	inserted by 109/2021 r 5	8.7.2021
r 105A	inserted by 188/2020 r 4	1.7.2020
Sch 3	omitted under Legislation Revision and Publication Act 2002	1.7.2020