Firearms Regulations 2018 (Vic)

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Version No. 003

Firearms Regulations 2018

S.R. No. 114/2018

Version incorporating amendments as at


13 November 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

5Revocations

Part 2—Exempt devices and prescribed items

6Exempt devices

7Prescribed items

Part 3—Use of firearms on private property

8Conduct of sport or target shooting activity on private property other than an approved shooting range

9Requirements for activities for the suppression of pest animals if category C longarms are used

Part 4—Requirements for dealers

10Particulars to be entered on firearms dealers register

11Maximum fee for licensed firearms dealer acting as agent

Part 5—Firearms collectors register

12Particulars to be entered on firearms collectors register

Part 6—Fees

Division 1—Prescribed fees

13Fees for the issue or renewal of licences

14Waivers of licence fees

15Fees for provisional licences

16Fees for issue of permits

17Fees for issue of approvals

18Miscellaneous fees

19Longarm licence for the reason of primary production

Part 6A—Firearm prohibition orders

19APowers and duties regarding detained individual—other information to be given to an individual detained under section 112ZD of the Act

19BMagistrate may issue service search warrant—prescribed form

19CMatters to be stated in service search warrant—other prescribed information

19DRequirements if individual detained under warrant—other information to be given to an individual

19EDuty to make records concerning service direction determinations—reasons for decision

19FDuty to make records concerning service direction determinations—record of detention or holding in custody

19GDuty to make records concerning service search warrants

19HRecords to be given to the IBAC

19ICertain persons may request records—execution of service search warrants

Part 7—Searches of persons or vehicles

20Manner of conducting searches

21Searching students at schools

22Search records

Part 8—Infringement offences

23Infringement offences and penalties

Part 9—Miscellaneous

24Prescribed States for inter-State permit to acquire

25Prescribed purposes for applying for longarm and general category handgun licences

26Specified classes of general category handguns

28Prescribed bodies representing shooting organisations on the Firearms Appeals Committee

28AInformation to be included in annual report of the IBAC

28BChief Commissioner report on Part 4A matters

29Prescribed class of social worker

30Exemption for international visitors

Schedule 1—Particulars to be entered on firearms dealers register of transactions

Schedule 2—Particulars to be entered on firearms collectors register

Schedule 3—Fee for issue or renewal of licences

Schedule 4—Fee for issue of permits

Schedule 5—Fee for issue or renewal of approvals

Schedule 5A—Forms relating to firearm prohibition orders

Schedule 6—Infringement offences

Schedule 7—Prescribed classes of general category handgun

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 003

Firearms Regulations 2018

S.R. No. 114/2018

Version incorporating amendments as at


13 November 2024

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are to prescribe—

(a)devices that do not fall within the definition of firearms; and

(b)requirements applying to the suppression of pest animals using category C longarms; and

(c)requirements for target shooting on private land; and

(d)the particulars to be entered on the register of transactions kept by licensed firearms dealers; and

(e)the maximum fee that may be charged by licensed firearms dealers acting as agents in firearms transactions; and

(f)the particulars to be entered on the register kept by licensed firearms collectors; and

(g)fees for the issue and renewal of licences and for permits and for the issue of duplicate licences under the Act; and

(h)fees for applications to the Committee for the review of decisions made by the Chief Commissioner; and

(i)waivers, reductions and refunds of fees; and

(j)the manner in which searches without warrant under the Act are to be conducted and the particulars to be included in records of those searches; and

(k)offences in respect of which infringement notices may be issued; and

(l)matters necessary or expedient to be prescribed for giving effect to the Act.

2Authorising provision

These Regulations are made under section 191 of the Firearms Act 1996.

3Commencement

These Regulations come into operation on 20 August 2018.

4Definitions

In these Regulations—

FPO reference number, in relation to a firearm prohibition order, means a unique number or code that identifies that particular order;

Presidenthas the same meaning as in the Children, Youth and Families Act 2005;

the Actmeans the Firearms Act 1996.

5Revocations

The following Regulations are revoked

(a)Firearms Regulations 2008[1];

(b)Firearms Amendment Regulations 2012[2].

PART 2—EXEMPT DEVICES AND PRESCRIBED ITEMS

6Exempt devices

For the purposes of paragraph (j) of the definition of firearm in section 3(1) of the Act, the following classes of device are prescribed—

(a)any device which is designed to throw a net to catch animals (commonly known as a cannon net);

(b)any device that is designed to launch a projectile attached to a line, for the purposes of establishing a line to a branch or other part of a tree (commonly known as a line thrower or line launcher);

(c)a device that is designed to fire retrievable projectiles, such as bait or balls, for the purpose of training gun dogs;

(d)any cannon or field gun, by whatever name known, which has been constructed as a piece of military ordinance and which has a calibre in excess of 25 millimetres and—

(i)which is rendered permanently inoperable; or

(ii)for which fixed ammunition is not commercially available;

(e)any compressed-air or gas-powered device with a calibre no greater than 7 millimetres and a maximum muzzle velocity no greater than 50 metres per second that is designed to be mounted on a radio-controlled model warship and when used in model warship activities.

7Prescribed items

For the purposes of sections 5, 57, 112A, 119, 134, 149, 151, 153, 153A and 153C of the Act, a prescribed item is a device commonly known as a handgun chassis kit or carbine conversion kit, being an accessory which can be attached to a general category handgun to alter its appearance to resemble a machine gun or longarm, whether or not the functionality of the handgun is also altered.

PART 3—USE OF FIREARMS ON PRIVATE PROPERTY

8Conduct of sport or target shooting activity on private property other than an approved shooting range

(1)For the purposes of items 1(5A)(b) and (c), 2(2)(c)(ii) and (iii) and 4(2A)(b) and (c) of Schedule 2 to the Act, the following provisions apply to the carrying out or conducting of an activity—

(a)a police officer, at the police station which is reasonably believed to be nearest to the activity, must be notified 48 hours in advance that the activity is to take place if—

(i)more than 5 persons take part in the activity; and

(ii)the activity is carried on continuously for more than 3 hours;

(b)a person taking part in the activity must not discharge a firearm in the course of the activity unless—

(i)the firearm is a shotgun discharged at a moving clay target; or

(ii)the firearm is discharged at a target which has in place, within 20 metres behind it, a backstop which is capable of stopping any projectile which passes through or beyond the target;

(c)a person taking part in the activity must not discharge a firearm in the course of the activity within—

(i)250 metres of a dwelling, being a dwelling which is not on the land on which the activity takes place, unless permission has been granted by the occupier of the land on which the dwelling is situated; or

(ii)100 metres of a road, within the meaning of the Road Safety Act 1986;

(d)a person taking part in the activity, when discharging a firearm in the course of the activity, must be stationary;

(e)the activity must not take place between the hours of sunset and sunrise;

(f)the activity must not be advertised or formally organised or formally scheduled;

(g)a person taking part in the activity must not give or receive direct or indirect financial benefit to or from any other person as payment for taking part in the activity;

(h)a person taking part in the activity must not consume or be under the influence of intoxicating liquor or a drug during the course of the activity.

(2)A notification under subregulation (1)(a) must include—

(a)the name, address and contact telephone number of the person making the notification; and

(b)the land on which the activity is to take place; and

(c)the day on which the activity is to take place; and

(d)the nature of the activity.

9Requirements for activities for the suppression of pest animals if category C longarms are used

For the purposes of item 2(1)(b)(i) of Schedule 2 to the Act, an activity is conducted in accordance with the regulations if the licence holder does not discharge a firearm in the course of an activity within—

(a)250 metres of a dwelling, being a dwelling which is not on the land on which the activity takes place, unless permission has been granted by the occupier of the land on which the dwelling is situated; or

(b)100 metres of a road, within the meaning of the Road Safety Act 1986.

PART 4—REQUIREMENTS FOR DEALERS

10Particulars to be entered on firearms dealers register

The prescribed particulars to be entered in the register of transactions kept by a licensed firearms dealer under section 87 of the Act are—

(a)in the case of a firearm coming into the possession of the dealer, the particulars set out in item 1 of Schedule 1; and

(b)in the case of a firearm going out of the possession of the dealer, the particulars set out in item 2 of Schedule 1; and

(c)in the case of a firearm in respect of which the dealer is acting as an agent for the person acquiring the firearm, the particulars set out in item 3 of Schedule 1; and

(d)in the case of a firearm in respect of which the dealer is acting as an agent for the person disposing of the firearm, the particulars set out in item 4 of Schedule 1.

11Maximum fee for licensed firearms dealer acting as agent

For the purposes of section 97 of the Act, the prescribed amount is 1·74 fee units.

PART 5—FIREARMS COLLECTORS REGISTER

12Particulars to be entered on firearms collectors register

The prescribed particulars to be entered in the register kept by a holder of a firearms collectors licence under section 24 of the Act are—

(a)in the case of a firearm held at the time of obtaining the licence, the particulars set out in item 1 of Schedule 2; and

(b)in the case of a firearm coming into the possession of the collector, the particulars set out in item 2 of Schedule 2; and

(c)in the case of a firearm going out of the possession of the collector, the particulars set out in item 3 of Schedule 2.

PART 6—FEES

Division 1—Prescribed fees

13Fees for the issue or renewal of licences

(1)Subject to subregulations (3), (4), (5), (6) and (7) and regulation 14, the fee payable for the issue or renewal of a licence listed in Column 1 of the Table in Schedule 3 is, in the case of a natural person, the fee set out opposite the licence in Column 2 of the Table multiplied by the number of full years for which the licence is issued.

(2)Subject to subregulations (3), (4), (5), (6) and (7) and regulation 14, the fee payable for the issue or renewal of a licence listed in Column 1 of the Table in Schedule 3 is, in the case of a body corporate, the fee set out opposite the licence in Column 3 of the Table multiplied by the number of full years for which the licence is issued.

(3)If a person who holds a longarm licence for category A longarms applies for a longarm licence for category B longarms, the fee payable for the longarm licence for category B longarms is the difference between the fee payable for a longarm licence for category B longarms and the fee payable for a longarm licence for category A longarms at the time of the application.

(4)If a person who holds a longarm licence for category A longarms applies for a longarm licence for category C longarms, the fee payable for the longarm licence for category C longarms is the difference between the fee payable for a longarm licence for category C longarms and the fee payable for a longarm licence for category A longarms at the time of the application.

(5)If a person applies for both a longarm licence for category A longarms and a longarm licence for category C longarms, the fee payable for the 2 longarm licences is the fee payable for a longarm licence for category C longarms.

(6)If a person applies for both a longarm licence for category B longarms and a longarm licence for category C longarms, the fee payable for the 2 longarm licences is the fee payable for a longarm licence for category C longarms.

(7)If a person who holds a firearms dealers licence for a particular class of dealing in firearms (the first dealers licence) applies for a firearms dealers licence for another class of dealing in firearms (the second dealers licence), the fee payable for the second dealers licence is the difference between the fee payable for the first dealers licence and the fee payable for the second dealers licence at the time of the application.

14Waivers of licence fees

(1)If a person who holds a longarm licence for category C longarms applies for a longarms licence for category A longarms, the fee payable for the longarm licence for category A longarms is waived.

(2)If a person who holds a longarm licence for category C longarms applies for a longarms licence for category B longarms, the fee payable for the longarm licence for category B longarms is waived.

15Fees for provisional licences

The fee payable for the issue of a provisional licence granted under section 58A of the Act that is specified by the Chief Commissioner to be in force for a period of less than 12 months (but not less than 6 months) is the fee set out opposite the licence in Column 2 of the Table in Schedule 3, divided by 12 and multiplied by the number of months for which the licence is specified to be in force.

16Fees for issue of permits

The fee payable for the issue of a permit listed in Column 1 of the Table in Schedule 4 is the fee set out opposite the permit in Column 2 of the Table.

17Fees for issue of approvals

The fee payable for the issue of an approval listed in Column 1 of the Table in Schedule 5 is the fee set out opposite the approval in Column 2 of the Table.

18Miscellaneous fees

(1)The fee payable for the issue of a duplicate of a licence listed in Column 1 of the Table in Schedule 3 is 1·8 fee units.

(2)For the purposes of section 167 of the Act, the fee prescribed is 3 fee units.

19Longarm licence for the reason of primary production

If a person applies for a longarm licence for category A, B or C longarms for the sole reason of primary production, the fee payable for issue or renewal of the longarm licence for category A, B or C longarms is waived.

PART 6A—FIREARM PROHIBITION ORDERS

19APowers and duties regarding detained individual—other information to be given to an individual detained under section 112ZD of the Act

For the purposes of section 112ZE(3)(a) of the Act, the other prescribed information is the following—

(a)the effect of section 112ZY(b) of the Act;

(b)the date and time and the place at which the police officer—

(i)stopped the individual under section 112ZA(1)(a) of the Act; and

(ii)gave a direction to the individual under section 112ZC(1) of the Act; and

(iii)detained the individual under section 112ZD of the Act;

(c)if the individual is under the age of 18 years, the telephone number for the appropriate legal service specified in section 112ZF(2) of the Act;

(d)the contact details to request a record under section 112ZZD(1) of the Act.

19BMagistrate may issue service search warrant—prescribed form

The prescribed form for a service search warrant issued under section 112ZG of the Act is Form 1 of Schedule 5A.

19CMatters to be stated in service search warrant—other prescribed information

For the purposes of section 112ZI(g) of the Act, the other prescribed information is the information that is required to be included in the service search warrant as set out in the form of the warrant in Form 1 of Schedule 5A.

19DRequirements if individual detained under warrant—other information to be given to an individual

For the purposes of section 112ZS(3)(a) of the Act, the other prescribed information is the following—

(a)the date and time and the place at which the police officer detained the individual under the service search warrant;

(b)if the individual is under the age of 18 years, the telephone number for the appropriate legal service specified in section 112ZT(2) of the Act;

(c)the contact details to request a record under section 112ZZD(2) of the Act.

19EDuty to make records concerning service direction determinations—reasons for decision

For the purposes of section 112ZZA(1) of the Act, the prescribed particulars are the following—

(a)the FPO reference number;

(b)the date the service direction determination is made;

(c)the first of the days referred to in section 112Y(b) and (c) of the Act;

(d)if, in the affidavit supporting the application, it is claimed that—

(i)the individual is avoiding service, that fact; or

(ii)it was not possible to ascertain the residential address of the individual, that fact;

(e)the information referred to in section 174E(3)(i) of the Act that is known to the Chief Commissioner;

(f)if the individual is under the age of 18 years when the service direction determination is made, a brief description of the exceptional circumstances;

(g)a copy of the affidavit supporting the application;

(h)if the determination is made under delegation, the class of the delegate referred to in section 112F of the Act who made the determination;

(i)any other information that the Chief Commissioner considers appropriate.

19FDuty to make records concerning service direction determinations—record of detention or holding in custody

(1)For the purposes of section 112ZZA(3) of the Act, the prescribed particulars are those set out in subregulations (2), (3) and (4).

(2)For the purposes of subregulation (1), the following particulars are set out in relation to each individual detained under Division 6 of Part 4A of the Act—

(a)the date and time and the place at which the police officer stopped the individual under section 112ZA(1)(a) of the Act;

(b)the name and address that the individual gave in response to the direction given under section 112ZA(1)(b) of the Act;

(c)the direction given to the individual under section 112ZC(1) of the Act;

(d)any reason given by the individual for refusing or failing to comply with the direction given under section 112ZC(1) of the Act;

(e)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZF of the Act.

(3)For the purposes of subregulation (1), the following particulars are set out in relation to each individual held in custody under Division 6 or 7 of Part 4A of the Act—

(a)the date and time and the place at which the individual was taken into custody;

(b)if the police officer used force to apprehend or detain the individual, details of the force used;

(c)if the individual was transferred to another place under section 112ZE(1) of the Act—

(i)the date and time that the individual was transferred from the place at which the individual was detained; and

(ii)the place to which the individual was transferred.

(4)For the purposes of subregulation (1), the following particulars are set out in relation to each individual detained under Division 6 of Part 4A of the Act and each individual held in custody under Division 6 or 7 of Part 4A of the Act—

(a)the FPO reference number;

(b)the name and date of birth of the individual;

(c)if the individual is known to be a person with a special vulnerability, the general nature of that special vulnerability;

(d)the date and time that the individual was informed that they are free to go;

(e)in the event that the individual was at a police station or other safe place when informed that they are free to go—

(i)if the individual was taken to a place agreed with the police officer, that fact;

(ii)if the police officer made a determination under section 112ZX(3) of the Act, that determination;

(iii)if the individual was taken to a place determined by the police officer, that fact;

(iv)if the individual refused to be taken to a place determined under section 112ZX(3) of the Act—

(A)that fact; and

(B)any reason given by the individual for refusing to be taken to that place;

(f)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—

(i)that fact; and

(ii)the date and time that the individual was taken into custody.

19GDuty to make records concerning service search warrants

(1)For the purposes of section 112ZZB(4) of the Act, the prescribed particulars are those set out in subregulations (2), (3), (4) and (5).

(2)For the purposes of subregulation (1), the following particulars are set out in relation to each search carried out under a service search warrant—

(a)the FPO reference number;

(b)the court reference number of the service search warrant;

(c)the name, rank, registered number and address of the police officer who executed the warrant;

(d)the name and address of any person who assisted with the execution of the warrant;

(e)the reason why the police officer believed, before executing the warrant, that the individual named in the warrant was at the premises to be entered and searched;

(f)the date and time that the warrant was executed;

(g)if the police officer or person assisting did not comply with section 112ZO(1) of the Act, that fact;

(h)the name and address of any person given a copy of the execution copy of the warrant, if the person gave their name and address;

(i)if the individual named in the warrant was found on the premises, that fact;

(j)if the individual named in the warrant was not found on the premises, that fact;

(k)the date and time that the search was completed;

(l)the date and time that the police officer and any person assisting the police officer left the premises.

(3)For the purposes of subregulation (1), the following particulars are set out in relation to any property that was broken open, unlocked, damaged or destroyed during the execution of a service search warrant—

(a)a description of the property;

(b)a description of any damage done to the property;

(c)if the property is a vehicle, the make, model, colour and registration number (if any) of the vehicle.

(4)For the purposes of subregulation (1), the following particulars are set out in relation to an individual detained under a service search warrant or held in custody under section 112ZS of the Act—

(a)the date and time that the individual was detained;

(b)if the police officer used force to apprehend or detain the individual, details of the force used;

(c)if the individual was held in custody at the premises, that fact;

(d)if the individual was transferred to another place under section 112ZS(1) of the Act—

(i)the date and time that the individual was transferred from the premises; and

(ii)the place to which the individual was transferred;

(e)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZT of the Act;

(f)the date and time that the individual was informed that they are free to go;

(g)if the individual was taken to a place agreed with the police officer, that fact;

(h)if the police officer made a determination under section 112ZX(3) of the Act, that determination;

(i)if the individual was taken to a place determined by the police officer, that fact;

(j)if the individual refused to be taken to a place determined under section 112ZX(3) of the Act—

(i)that fact; and

(ii)any reason given by the individual for refusing to be taken to that place;

(k)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—

(i)that fact; and

(ii)the date and time that the individual was taken into custody;

(l)if the individual escaped from custody, that fact.

(5)For the purposes of subregulation (1), the following particulars are set out in relation to the exercise of power under Division 5 of Part 4A of the Act at any premises entered under a service search warrant—

(a)if the police officer exercised a power under section 112Q of the Act at the premises—

(i)that fact; and

(ii)the make, model, colour and registration number (if any) of any vehicle, vessel or aircraft searched;

(b)if the police officer exercised a power under section 112R of the Act at the premises, that fact;

(c)if the police officer exercised a power under section 112S of the Act at the premises—

(i)that fact; and

(ii)the number of persons searched.

19HRecords to be given to the IBAC

For the purposes of section 112ZZC(1) of the Act, the following particulars are the prescribed particulars as to the records kept under Division 9 of Part 4A of the Act—

(a)for a record concerning a service direction determination, the particulars referred to in regulation 19E, other than a copy of the affidavit supporting the application for the determination;

(b)for a record concerning the detention or holding in custody of an individual, the particulars referred to in regulation 19F;

(c)for a record concerning a service search warrant, the particulars referred to in regulation 19G.

Note

The written report containing the prescribed particulars as to the records kept under Division 9 of Part 4A of the Act may be provided to the IBAC by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.

19ICertain persons may request records—execution of service search warrants

(1)For the purposes of section 112ZZD(2) of the Act, the prescribed particulars are those set out in subregulations (2), (3) and (4).

(2)For the purposes of subregulation (1), the following particulars are set out for a request by the individual to whom the firearm prohibition order applied or a person with parental responsibility for the individual to whom the firearm prohibition order applied—

(a)if the individual named in the warrant was found on the premises, that fact;

(b)if the individual named in the warrant was not found on the premises, that fact;

(c)the date and time that the search was completed;

(d)if the individual named in the warrant was detained under the warrant or held in custody under section 112ZS of the Act—

(i)the date and time that the individual was detained; and

(ii)if the police officer used force to apprehend or detain the individual, details of the force used; and

(iii)if the individual was held in custody at the premises, that fact; and

(iv)if the individual was transferred to another place under section 112ZS(1) of the Act—

(A)the date and time that the individual was transferred from the premises; and

(B)the place to which the individual was transferred; and

(v)if the individual was under the age of 18 years, details of the action taken by the police officer to comply with section 112ZT of the Act; and

(vi)the date and time that the individual was informed that they are free to go; and

(vii)if the police officer made a determination under section 112ZX(3) of the Act, that determination; and

(viii)if the individual was taken into custody in the circumstances referred to in section 112ZZ of the Act—

(A)that fact; and

(B)the date and time that the individual was taken into custody; and

(ix)if the individual escaped from custody, that fact;

(e)if the police officer exercised a power under section 112R of the Act at the premises, that fact.

(3)For the purposes of subregulation (1), the following particulars are set out for a request by a person with a legal or equitable interest in property that was broken open, unlocked, damaged or destroyed during the execution of the warrant—

(a)a description of the property;

(b)a description of any damage done to the property.

(4)For the purposes of subregulation (1), the following particulars are set out for a request by any person referred to in section 112ZZD(2) of the Act, in addition to any particulars set out in subregulation (2) or (3) for a request by that person—

(a)the court reference number of the service search warrant;

(b)the date and time that the warrant was executed;

(c)if the police officer or person assisting did not comply with section 112ZO(1) of the Act, that fact;

(d)the date and time that the search was completed;

(e)if the police officer exercised a power under section 112Q of the Act at the premises, that fact;

(f)if the police officer exercised a power under section 112S of the Act at the premises, that fact;

(g)the date and time that the police officer and any person assisting the police officer left the premises.

PART 7—SEARCHES OF PERSONS OR VEHICLES

20Manner of conducting searches

(1)A police officer who conducts a search of a person under section 149 of the Act, or an authorised officer who conducts a search of a person under section 153A of the Act, must do so in one or more of the following ways—

(a)passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's outer clothing;

(b)running the officer's hands over the person's outer clothing;

(c)requesting the person to remove outer clothing, gloves, shoes or headgear so that the officer may—

(i)pass a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's clothing that was immediately under the outer clothing; or

(ii)run the officer's hands over the person's clothing that was immediately under the outer clothing; or

(iii)search the person's outer clothing, gloves, shoes or headgear in accordance with subregulation (3).

(2)If a police officer or authorised officer requests a person to remove outer clothing, gloves, shoes or headgear which the officer believes is being worn for religious or cultural reasons, the officer must, if reasonably practicable, permit the thing to be removed out of public view.

(3)A police officer who conducts a search of a vehicle, package or thing under section 149 of the Act, or an authorised officer who conducts a search of a vehicle, package or thing under section 153A of the Act, must do so in one or more of the following ways—

(a)examining the exterior and interior of the vehicle, package or thing;

(b)passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the vehicle, package or thing.

(4)A police officer or authorised officer must conduct a search of a person—

(a)in a manner that affords reasonable privacy to the person being searched; and

(b)as quickly as is reasonably practicable.

(5)A search under subregulation (1)(b) or (c)(ii) must, if reasonably practicable, be conducted by a police officer or by an authorised officer who is of the same gender as the gender identified by the person to be searched.

21Searching students at schools

A police officer who conducts a search at a school of a student under the age of 18 years must—

(a)if reasonably practicable, advise the student that the student may nominate an adult who is on the school premises to be present during the conduct of the search; and

(b)if the student nominates an adult, take reasonable steps to ensure the adult is present during the conduct of the search.

22Search records

(1)For the purposes of sections 149A(1) and 153B(1) of the Act, the following particulars are prescribed—

(a)the date of the search;

(b)the time of the search;

(c)the place where the search took place;

(d)the name, rank and registered number of the police officer or the name, number and agency of the authorised officer, as the case may be, who conducted the search;

(e)the name of the person searched and, if applicable, a description of any vehicle, package or thing searched;

(f)if applicable, the name of the nominated adult present during the search at a school of a student under the age of 18 years;

(g)the grounds relied on for conducting the search;

(h)a description of any firearm or cartridge ammunition or other article whose possession, carriage or use is contrary to law that is found during the search.

(2)If a police officer or an authorised officer who conducts a search is unable to obtain the name of the person searched, the police officer or authorised officer must include in the particulars a description of that person.

PART 8—INFRINGEMENT OFFENCES

23Infringement offences and penalties

(1)For the purposes of section 168(1) of the Act, the prescribed offences are the offences set out in Column 2 of the Table in Schedule 6.

(2)For the purposes of section 170 of the Act, the penalty prescribed amount is the amount set out opposite the infringement offence in Column 3 of the Table in Schedule 6.

PART 9—MISCELLANEOUS

24Prescribed States for inter-State permit to acquire

For the purposes of the definition of prescribed State in section 3(1) of the Act, the following States are prescribed—

(a)New South Wales;

(b)South Australia.

25Prescribed purposes for applying for longarm and general category handgun licences

(1)For the purposes of section 10(1)(e) of the Act, a longarm licence for category A longarms may be issued for the purposes of—

(a)the training and trialling, with a shotgun, of gun dogs; or

(b)historical re-enactments (if the exemption in item 10 of Schedule 3 to the Act does not apply); or

(c)public ceremonial events; or

(d)commemorative events; or

(e)starting or finishing sporting events with a shotgun.

(2)For the purposes of section 10(1)(e) of the Act, a longarm licence for category B longarms may be issued for the purposes of—

(a)historical re-enactments (if the exemption in item 10 of Schedule 3 to the Act does not apply); or

(b)public ceremonial events; or

(c)commemorative events; or

(d)starting or finishing sporting events with a muzzle loading firearm or a black powder ball firing cannon.

(3)For the purposes of section 13(1)(a) of the Act, a longarm licence for category E longarms may be issued for firearms which have been modified to be incapable of firing cartridge ammunition for the purposes of—

(a)historical re-enactments (if the exemption in item 10 of Schedule 3 to the Act does not apply); or

(b)public ceremonial events; or

(c)commemorative events.

(4)For the purposes of section 15(1)(c) of the Act, a general category handgun licence may be issued for the purposes of—

(a)historical re-enactments (if the exemption in item 10 of Schedule 3 to the Act does not apply); or

(b)public ceremonial events; or

(c)commemorative events; or

(d)starting or finishing sporting events; or

(e)the training and trialling of dogs, with a general category handgun, being a general category handgun which is and has always been constructed for the purpose of starting sporting events.

26Specified classes of general category handguns

For the purposes of paragraph (a) of the definition of specified class of handgun in section 16(9) of the Act, the classes of general category handgun that are prescribed are set out in Schedule 7.

*                *                *                *                *

28Prescribed bodies representing shooting organisations on the Firearms Appeals Committee

The following bodies are prescribed for the purposes of section 155 of the Act—

(a)Shooting Sports Council of Victoria Inc. (ACN 055 020 422);

(b)Victorian Amateur Pistol Association Inc. (ACN 583 611 677);

(c)Field & Game Australia Inc.


(ACN 042 436 123).

28AInformation to be included in annual report of the IBAC

For the purposes of section 172(2)(c) of the Act, the prescribed particulars are each of the following matters that were reviewed by the IBAC during the period to which the report relates—

(a)a decision to make a service direction determination;

(b)a direction given to an individual under section 112ZC(1) of the Act;

(c)the detention of an individual under section 112ZD of the Act;

(d)the transfer of an individual to a police station or other safe place under section 112ZE(1) of the Act;

(e)an application for a service search warrant;

(f)the execution of a service search warrant;

(g)the service of a firearm prohibition order on a person in detention;

(h)the exercise of any other power or the performance of any other duty or function under Part 4A or 10A of the Act by the Chief Commissioner, a police officer or a person assisting a police officer.

28BChief Commissioner report on Part 4A matters

For the purposes of section 174E(3)(j) of the Act, the other prescribed information is the following—

(a)the FPO reference number for each firearm prohibition order to which information set out in section 174E(1) of the Act relates;

(b)the number of applications for a firearm prohibition order that were made in the period;

(c)for each firearm prohibition order that was served in the period—

(i)the date the order was served; and

(ii)the expiry date of the order;

(d)any other information that the Chief Commissioner considers appropriate.

Note

The written report on matters in Part 4A of the Act may be provided to the IBAC by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.

29Prescribed class of social worker

For the purposes of section 183(4) of the Act, the prescribed class of person is persons who are members of, or who are eligible for membership of, the Australian Association of Social Workers Ltd. (ACN 008 576 010).

30Exemption for international visitors

For the purpose of section 186A of the Act, any authority that is of one of the following kinds is a specified kind of permit—

(a)an authority (however described) that authorises the possession, carriage or use of category A or B longarms or handguns for the purposes of sport or target shooting;

(b)an authority (however described) that authorises the possession, carriage or use of category C longarms being shotguns for the purposes of clay target shooting.

SCHEDULE 1—PARTICULARS TO BE ENTERED ON
FIREARMS DEALERS REGISTER OF TRANSACTIONS

Regulation 10

1.   In addition to the requirements set out in section 87(2)(a) of the Act, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm coming into the dealer's possession:

1.Inventory/Stock number

2.Date acquired

3.Magazine capacity (if the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it comes into the dealer's possession)

4.Licence category (A, B, C, D, E longarm, general category or category E handgun, or paintball marker)

5.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

6.Purpose for which acquired (disposal, repair, test, proof, alteration or storage)

7.Name and address of person who has given possession of the firearm

8.Particulars of work done (when received for repair, test, proof or alteration)

2.   In addition to the requirements set out in section 87(2)(b) of the Act, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm going out of the dealer's possession:

1.Inventory/Stock number

2.Date of disposal

3.Magazine capacity (if the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it goes out of the dealer's possession)

4.Licence category (A, B, C, D, E longarm, general category or category E handgun, or paintball marker)

5.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

6.Name and address of person acquiring the firearm

7.Particulars of permit to acquire

3.   In addition to the requirements set out in section 87(2)(c) of the Act, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm acquired by another person in a transaction if the dealer acts as agent:

1.Inventory/Stock number

2.Date acquired

3.Magazine capacity (if the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it is acquired by another person in the transaction)

4.Licence category (A, B, C, D, E longarm, general category or category E handgun, or paintball marker)

5.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

6.Name and address of person acquiring the firearm

7.Particulars of permit to acquire

4.   In addition to the requirements set out in section 87(2)(d) of the Act, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm disposed of by another person in a transaction if the dealer acts as agent:

1.Inventory/Stock number

2.Date of disposal

3.Magazine capacity (if the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it is disposed of by another person in the transaction)

4.Licence category (A, B, C, D, E longarm, general category or category E handgun, or paintball marker)

5.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

6.Name and address of person disposing of the firearm

SCHEDULE 2—PARTICULARS TO BE ENTERED ON FIREARMS COLLECTORS REGISTER

Regulation 12

1.   The holder of a firearms collectors licence must record the following particulars in the register about each firearm held at the time of obtaining the licence:

1.Make

2.Type

3.Calibre

4.Action

5.Magazine capacity (if the firearm holds a detachable magazine, the licence holder must record the capacity of the magazine in the firearm)

6.Licence category (A, B, C, D, E longarm, general category or category E handgun)

7.Serial number

8.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

2.   The holder of a firearms collectors licence must record the following particulars in the register about each firearm coming into the licence holder's possession:

1.Date acquired

2.Make

3.Type

4.Calibre

5.Action

6.Magazine capacity (if the firearm holds a detachable magazine, the licence holder must record the capacity of the detachable magazine in the firearm at the time it comes into the licence holder's possession)

7.Licence category (A, B, C, D, E longarm, general category or category E handgun)

8.Serial number

9.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

3.     The holder of a firearms collectors licence must record the following particulars in the register about each firearm going out of the licence holder's possession:

1.Date of disposal

2.Make

3.Type

4.Calibre

5.Action

6.Magazine capacity (if the firearm holds a detachable magazine, the licence holder must record the capacity of the magazine in the firearm at the time it goes out of the licence holder's possession)

7.Licence category (A, B, C, D, E longarm, general category or category E handgun)

8.Serial number

9.Reference number, being the number issued by police when a firearm is registered under Part 5 of the Act

SCHEDULE 3—FEE FOR ISSUE OR RENEWAL OF LICENCES

Regulations 13 and 15

Column 1

Type of licence

Column 2

Fee for natural person

Column 3

Fee for body corporate

Longarm licence for category A longarms under section 9(1) of the Act 3·28 fee units 5·94 fee units
Longarm licence for category B longarms under section 9(2) of the Act 3·79 fee units 5·94 fee units
Longarm licence for category C longarms under section 9(3) of the Act 3·79 fee units 5·94 fee units
Longarm licence for category D longarms under section 9(4) of the Act 5·94 fee units 9·53 fee units
Longarm licence for category E longarms under section 9(5) of the Act 5·94 fee units 9·53 fee units
Paintball marker licence under section 9(6) of the Act 3·28 fee units 5·94 fee units
General category handgun licence—sport or target shooting or prescribed purpose under section 15 of the Act 4·61 fee units

11·99 fee units (for a licence to possess, carry or use 20 or fewer general category handguns)

23·88 fee units (for a licence to possess, carry or use more than 20 general category handguns)




General category handgun licence—security guard, prison guard, official or commercial purpose under section 15 of the Act 7·17 fee units

11·99 fee units (for a licence to possess, carry or use 20 or fewer general category handguns)

23·88 fee units (for a licence to possess, carry or use more than 20 general category handguns)

A general category handgun licence for reasons set out in section 15(1)(d) of the Act 4·61 fee units 11·58 fee units
Category E handgun licence under section 16A of the Act 6·97 fee units 10·55 fee units
Junior licence under section 18 of the Act 1·23 fee units
Category 1 firearms collectors licence under section 21 of the Act 4·81 fee units 9·53 fee units
Category 2 firearms collectors licence under section 21A of the Act 5·74 fee units 7·27 fee units
Antique handgun collectors licence under section 21B of the Act 4·81 fee units 9·53 fee units
Firearms heirlooms licence under section 25 of the Act 2·35 fee units
Firearms ammunition collectors licence under section 28 of the Act 2·35 fee units 4·81 fee units
Provisional licence under section 58A of the Act


7·68 fee units
Firearms dealers licence—dealing in paintball markers under section 60 of the Act 17·94 fee units 23·88 fee units
Firearms dealers licence—dealing in category A, B, C longarms, paintball markers and general category handguns under section 60 of the Act 29·93 fee units 41·81 fee units
Firearms dealers licence—dealing in category A, B, C, D, E longarms, paintball markers and general category and category E handguns under section 60 of the Act 41·81 fee units 47·86 fee units

Firearms dealers licence—

(a) only repairing category A, B, C, D, E longarms, paintball markers, general category and category E handguns and related parts;

17·94 fee units 23·88 fee units
(b) only selling ammunition;
(c) the activities referred to in both paragraphs (a) and (b) under section 60(2)(b) of the Act

SCHEDULE 4—FEE FOR ISSUE OF PERMITS

Regulation 16

Column 1

Type of permit

Column 2

Fee

Permit for individual holder of firearms collectors licence or firearms ammunition collectors licence issued under section 56 of the Act 2·35 fee units
Permit to display for approved firearms collectors club issued under section 56A of the Act 2·35 fee units
Permit for silencer or prescribed items issued under section 57(2) of the Act 5·94 fee units
Permit for holder of handgun security guard licence to possess, carry or use restricted ammunition issued under section 57A of the Act 5·94 fee units
Permit to carry or use firearms held under a collectors licence for individual holder of collectors licence issued under section 58 of the Act 2·98 fee units
Permit to carry or use firearms held under a collectors licence for approved firearms collectors club issued under section 58AAA of the Act 2·35 fee units
Permit for display or theatrical armourers for licensed firearms dealer issued under section 92A of the Act 3·59 fee units
Permit to acquire a category A longarm issued under section 103 of the Act $9.20
Permit to acquire a category B or C longarm issued under section 103 of the Act $9.20
Permit to acquire a handgun issued under section 103 of the Act 3·59 fee units
Permit to acquire a paintball marker issued under section 103 of the Act $9.20

SCHEDULE 5—FEE FOR ISSUE OR RENEWAL OF APPROVALS

Regulation 17

Column 1

Type of approval

Column 2

Fee

Approval for handgun target shooting club under section 123A(1) of the Act 13·02 fee units
Approval for firearms collectors club under section 123H(1) of the Act 13·02 fee units

SCHEDULE 5A—FORMS RELATING TO FIREARM PROHIBITION ORDERS

FORM 1

Regulations 19B and 19C

SERVICE SEARCH WARRANT

Firearms Act 1996—section 112ZG

Court ref:

FPO reference number:              

Name of individual:

[name of individual to whom firearm prohibition order applies]

Date of birth:

Premises that may be searched:

[set out full address or description of premises where search will be conducted for the individual]

This warrant is issued to:

[name, rank and no.]

of

[agency and address].

This warrant authorises a police officer together with any assistants the police officer considers necessary:

oto break and enter the premises named or described in this warrant;

oto search the premises named or described in this warrant for the individual named in this warrant.

This warrant also authorises a police officer only:

oto detain the individual named in this warrant, using the force reasonably necessary to do so (including the force reasonably necessary to apprehend the individual to be detained), for the purposes of serving the firearm prohibition order that applies to the individual.

This warrant may be executed, on or before the date that it ceases to have effect:

oat any time and on any day of the week;

oduring the hours of [time] and [time] on any day of the week;

oat any time on [specify the day or days of the week on which the warrant may be executed];

oduring the hours of [time] and [time] on [specify the day or days of the week on which the warrant may be executed].

This warrant ceases to have effect at the end of the day on [insert the date of a day that is no later than 28 days after the issue of the warrant].

THIS WARRANT IS PART OF A


CIVIL PROHIBITION ORDER SCHEME

This warrant is a warrant to break and enter the premises named or described in the warrant for the purpose of searching for an individual to whom a firearm prohibition order applies and serving that order on the individual.

If the individual cannot be found on the premises, the police officer executing this warrant together with any assistants must leave the premises immediately after completing the search for the individual.

If the individual is found on the premises, the police officer executing this warrant must serve the firearm prohibition order as soon as practicable after finding the individual named in this warrant.

*Detention under warrant:

[For a warrant that confers authority on a police officer under section 112ZG(1)(c) of the Act, include the following 3 paragraphs—]

*The police officer executing this warrant may detain the individual named in this warrant for the purposes of serving the firearm prohibition order that applies to the individual.

*The police officer executing this warrant is authorised by section 112ZS of the Firearms Act 1996:

(a)to hold the individual in custody at the premises named or described in this warrant; or

(b)to transfer the individual to a police station or other safe place to be held in custody for the purpose of serving the firearm prohibition order, if the order cannot be safely served on the individual at the premises.

*AN INDIVIDUAL DETAINED UNDER THIS WARRANT MAY BE HELD IN CUSTODY UNTIL THE FIRST OF THE FOLLOWING—

(I)THE FIREARM PROHIBITION ORDER IS SERVED ON THE INDIVIDUAL;

(II)THE PERIOD OF 2 HOURS AFTER THE INDIVIDUAL IS DETAINED EXPIRES.

Subject to Division 5 of Part 4A of the Firearms Act 1996, the police officer executing this warrant together with any assistants must leave the premises named or described in this warrant immediately after—

(a)if the individual named in this warrant cannot be found on the premises, the search for the individual is completed; or

(b)if the individual named in this warrant is found on the premises—

[if this warrant does not authorise detention of the individual—]

*the firearm prohibition order is served.

[if this warrant authorises detention of the individual—]

*the firearm prohibition order is served or the individual is detained.

Division 5 of Part 4A of the Firearms Act 1996 authorises a police officer to conduct searches without warrant or consent in specified circumstances.

This warrant is subject to the following conditions:

[insert any conditions here]

Issued at: [time] *am/*pm on [date] at [place]  

*Magistrate/*President: [name]

Signature:

*Delete if not applicable.

SCHEDULE 6—INFRINGEMENT OFFENCES

Regulation 23

Column 1

Infringement offence code

Column 2

Infringement offence

Column 3

Infringement penalty

1801 An offence against section 40(2) of the Act 2 penalty units
1810 An offence against section 56A(10) of the Act 2 penalty units
1811 An offence against section 56A(11) of the Act 2 penalty units
1812 An offence against section 56A(12) of the Act 2 penalty units
1813 An offence against section 58AAA(7) of the Act 2 penalty units
1814 An offence against section 58AAA(8) of the Act 2 penalty units
1815 An offence against section 58AAA(9) of the Act 2 penalty units
1802 An offence against section 75(3) of the Act 2 penalty units
1817 An offence against section 87(2) of the Act 2 penalty units
1803 An offence against section 87(5) of the Act 2 penalty units
1816 An offence against section 87(6) of the Act 2 penalty units
1804 An offence against section 88 of the Act 1 penalty unit
1805 An offence against section 97 of the Act 1 penalty unit
1818 An offence against section 121(1) of the Act 2 penalty units
1819 An offence against section 121(1A) of the Act 2 penalty units
1806 An offence against section 124(1) of the Act 2 penalty units
1807 An offence against section 124(2) of the Act 1 penalty unit
1808 An offence against section 124(3) of the Act 1 penalty unit
1809 An offence against section 139 of the Act 2 penalty units

SCHEDULE 7—PRESCRIBED CLASSES OF GENERAL CATEGORY HANDGUN

Regulation 26

1.Air handgun

2.Rimfire handgun

3.Centrefire handgun with a calibre of ·38 inch or less or a black powder handgun

4.Centrefire handgun with a calibre of more than ·38 inch but not more than ·45 inch

*                *                *                *                *

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Firearms Regulations 2018, S.R. No. 114/2018 were made on 14 August 2018 by the Governor in Council under section 191 of the Firearms Act 1996, No. 66/1996 and came into operation on 20 August 2018: regulation 3.

The Firearms Regulations 2018 will sunset 10 years after the day of making on 14 August 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 


See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Firearms Regulations 2018 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Firearms Amendment Regulations 2022, S.R. No. 58/2022

Date of Making: 26.7.22
Date of Commencement: 30.8.22: reg. 3

Firearms Amendment Regulations 2024, S.R. No. 125/2024

Date of Making: 6.11.24
Date of Commencement: 13.11.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details


[1] Reg. 5(a): S.R. No. 22/2008 as amended by S.R. No. 101/2012.

[2] Reg. 5(b): S.R. No. 101/2012.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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