Firearms (Trafficking and Handgun Control) Act 2003 (Vic)

No judgment structure available for this case.

Firearms (Trafficking and Handgun Control) Act

2003

Act No. 28/2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 3

PART 2—AMENDMENTS TO THE FIREARMS ACT 1996 4

3. Definitions 4
4. Increase in penalty for possession, carriage or use of firearm by
prohibited person 9
5. Possession, carriage or use of longarms 10
6. Insertion of new section 6A 11

6A. Offence to possess, carry or use an unregistered

longarm 11

7. Substitution of section 7 12
7. Offence for non-prohibited person to possess, carry or

use a handgun without a licence 12

8. Insertion of new sections 7A to 7C 14

7A. Offence for holder of a general category handgun
licence to possess carry or use certain types of handguns

under the licence 14
7B. Offence to possess, carry or use an unregistered

handgun 17
7C. Possession of a traffickable quantity of unregistered

firearms 17

9. Issue of general category handgun licences 18
10. Further conditions applying to general category handgun
licences 19
11. Insertion of new sections 16A and 16B 21

16A. Issue of handgun licences for category E handguns 21
16B. Conditions applying to handgun licences for category E
handguns 22

12. Discretion of Chief Commissioner to refuse a handgun licence 22
13. Junior licences 23
14. Further conditions applying to junior licences 24
15. Alteration of reference to handguns in section 20 25

i

Section Page

16. Category 1 firearms collectors licences 26
17. Insertion of new section 21A 27

21A. Issue of category 2 firearms collectors licences 27

18. Conditions on firearms collectors licences 28
19. Category of handgun that may be removed from collectors
register 28
20. Limitation on review of decision of Chief Commissioner not to
issue licence 29
21. Requirement to comply with licence conditions for general
category and category E handgun licences 29
22. Disposal of general category and category E handguns where
licence not renewed 29
23. Power of Chief Commissioner to cancel a general category
handgun licence for failure to comply with certain conditions 30
24. Limitation of power to apply to Committee for review of licence
cancellation for general category handgun licences 31
25. Notice of decision to cancel general category handgun licence 31
26. Insertion of new sections 52A and 52B 32

52A.

Power of Chief Commissioner to require the holder of a general category handgun licence to surrender certain handguns for failure to comply with participation

condition 32
52B. Power of Chief Commissioner to require the holder of a

category 1 or category 2 firearms collectors licence to surrender certain handguns for failure to comply with certain conditions

33

27. Insertion of new sections 53A and 53B 34

53A. Surrender of handguns for failure to comply with

participation condition 34
53B. Surrender of handguns where certain conditions of
category 1 or category 2 firearms collectors licence not

complied with 35
28. Requirement for certain exempt persons to notify the Chief

Commissioner 36
29.

Permits for collectors to carry or use handguns 37
30.

Insertion of new sections 58A 37

'58A. Permits to carry or use general category handguns

during probationary period 37
31. Discretion of Chief Commissioner to refuse to issue dealers

licence 39
32.

Application by natural person for dealers licence 39
33.

Application by body corporate for a dealers licence 40
34.

Application for renewal of a dealers licence 40
35. Discretion of Chief Commissioner to refuse to renew dealers

licence 41

ii

Section Page

36. Insertion of new sections 75A and 75B 41

75A. Requirement to notify Chief Commissioner of close

associates 41
75B. Offence to employ prohibited persons in management of

business 42

37. Power to cancel dealers licence 42
38. Acquisition of handguns by dealers 42
39. Disposal of handguns by dealers 43
40. Penalties for unauthorised acquisition of firearms 43
41. Penalties for unauthorised disposal of firearms 44
42. Acquisition of handguns from outside the State 45
43. Disposal of handguns to a place outside the State 45
44. Insertion of new sections 101A and 101B 46

101A. Prohibition on the acquisition or disposal of traffickable

quantities of firearms 46
101B. Prohibition on providing financial accommodation for

the illegal acquisition or disposal of firearms 46

45. Acquisition of handguns without a permit 48
46. Discretion of Chief Commissioner to refuse to issue permit to
acquire for handguns 49
47. Insertion of new sections 119A and 119B 51

119A. Power of Chief Commissioner to require firearm to

have a serial number 51
119B. Application to have serial number affixed by a method

other than stamping 51

48. Production of firearm for inspection 52
49. Storage of handguns 52
50. Insertion of new section 121A 53

121A. Permit to store handguns 53

51. Storage of firearms under collectors licences 55
52. Storage of handguns under a dealers licence 55
53. Insertion of new Part 6A 55
PART 6A—APPROVED CLUBS 55
Division 1—Approved Handgun Target Shooting Clubs 55

123A. Power of the Chief Commissioner to approve handgun

target shooting clubs 55
123B. Approved handgun target shooting clubs—Record

keeping requirements 56
123C. Approved handgun target shooting clubs—Annual

reports 57
123D. Approved handgun target shooting clubs—Requirements

as to members 58
123E. Approved handgun target shooting clubs—Reports to the

Chief Commissioner as to unfit members 60

iii

Section Page

123F. Approved handgun target shooting clubs—Power to
endorse applications for general category handgun

licences 61
123G. Approved handgun target shooting clubs—Power to

endorse applications for permits to acquire 61

Division 2—Approved Firearms Collectors Clubs 62

123H. Power of the Chief Commissioner to approve firearms

collectors clubs 62
123I. Approved firearms collectors clubs—Power to endorse

applications for firearms collectors licences 63
123J. Approved firearms collectors clubs—Power to endorse

applications for permits to acquire 63
123K. Approved firearms collectors clubs—Reports to the

Chief Commissioner as to unfit members 64
123L. Approved firearms collectors clubs—Requirements as

to members 65
Division 3—General provisions applying to approvals under

this Part 66

123M. Application for an approval under this Part 66
123N. Requirement to nominate officers 66
123O. Review of decision to refuse an approval under this Part 67
123P. Conditions for an approval under this Part 67
123Q. Review of decision to vary the conditions of an approval
under this Part 67
123R. Duration of an approval under this Part 68
123S. Renewal of an approval under this Part 68
123T. Power of the Chief Commissioner to renew an approval
under this Part 68
123U. Review of a decision not to renew an approval under this
Part 69
123V. Power of Chief Commissioner to cancel an approval
under this Part 69
123W. Review of decision to cancel an approval under this Part 70

54. Insertion of new section 124AA 70
124AA. Conspiring to commit and aiding the commission of an

offence outside Victoria 70

55. Possession of cartridge ammunition 71
56. Safekeeping of handguns while being carried or used 71
57. Access to and carriage or use of handgun by person other than
possessor 71
58. Insertion of new section 127A 72

127A. Offence to use firearms held under a firearms collectors

licence 72

59. Increase of penalty 72

iv

Section Page

60. Insertion of new sections 134A, 134B and 134C 73

134A. Requirement to obtain consent of Chief Commissioner

to certain alterations of firearms 73
134B. Requirement to notify Chief Commissioner of certain

alterations to firearms 73
134C. Offence to possess a firearm that has been altered in a

particular way 73

61. Offence to own firearm without a licence to possess 73
62. False or misleading information 74
63. Restrictions on delegation powers of the Chief Commissioner 74
64. Insertion of new section 176A 75

176A. Annual Report of Chief Commissioner 75

65. Disclosure of information 75
66. Insertion of new section 181A 76

181A. Requirement for Chief Commissioner to disclose certain

information to certain approved clubs 76

67. Immunity from liability 77
68. Interstate handgun licence holders 78
69. Indictable offences 78
70. Supreme Court—Limitation of jurisdiction 79
71. Regulation making powers 79
72. Insertion of new sections 200A to 200D 79

200A. Transitional provision—Firearms (Trafficking and

Handgun Control) Act 2003—dealers licences 79
200B. Transitional provision—Firearms (Trafficking and

Handgun Control) Act 2003—handgun licences 80
200C. Transitional provision—Firearms (Trafficking and
Handgun Control) Act 2003—applications for

handgun licences 80
200D. Transitional provision—Firearms (Trafficking and
Handgun Control) Act 2003—firearms collectors

licences 80

73. Special conditions for handgun licences 81
74. Persons exempt from the requirement to hold a handgun licence
for general category handguns 82
75. Storage requirements for general category handguns 83
PART 3—AMENDMENTS TO THE MAGISTRATES' COURT

ACT 1989 85

76. Amendments to Schedule 4 to the Magistrates' Court Act 1989 85

═══════════════

ENDNOTES 87

v

Victoria

No. 28 of 2003

Firearms (Trafficking and Handgun

Control) Act 2003†

[Assented to 20 May 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes
The purposes of this Act are—
(a) to amend the Firearms Act 1996 to—
(i) create new offences;
(ii) increase penalties for existing offences;

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 1—Preliminary s. 1
(iii)  restrict the circumstances in which handguns can be used;
(iv)  restrict the classes of handguns for which persons may be licensed;
(v)  increase the requirements to be satisfied before licences for handguns may be issued;
(vi)  prescribe further conditions for licences on handguns;
(vii)  make further provision for approvals for handgun target shooting clubs and firearms collectors clubs;

(viii)
complied with by handgun target
prescribe certain requirements to be clubs;
(ix)  make further provision for firearms collectors licences;
(x)  make further provision for the power of the Chief Commissioner to refuse applications for, or to cancel, handgun licences;
(xi)  make further provision relating to associates of licence holders;

(xii)
impose further restrictions on the unregistered firearms;

(xiii)
impose further restrictions on the firearms;

(b)

to make other minor amendments to the Firearms Act 1996;

(c)

to make consequential amendments to the Magistrates' Court Act 1989.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 2	Part 1—Preliminary

2. Commencement
(1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into

operation before 1 January 2004, it comes into
operation on that day.

__________________
Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 3

PART 2—AMENDMENTS TO THE FIREARMS ACT 1996

3. Definitions

See:

(1) In section 3(1) of the Firearms Act 1996—

Act No. 66/1996.

(a) for the definition of "acquire" substitute— Reprint No. 2
as at

' "acquire", in relation to any thing, includes buying or coming into

8 April 1999
and
amending

possession of the thing (whether the Act Nos
thing is in Victoria or elsewhere) but 30/1999,
41/2000,
does not include borrowing the thing;'; 44/2001 and
72/2001.

(b) for the definition of "dispose of"

LawToday:

substitute— dpc.vic.
' "dispose of", in relation to any thing, gov.au

includes—

(a) selling the thing;
(b) offering to sell the thing;

(c)

having the thing in possession for the purposes of sale, barter or exchange—
(whether or not the thing is to remain in the thing;';

(c) insert the following definitions—
' "approved firearms collectors club"
means a person or body approved by
the Chief Commissioner under
section 123H;

"approved handgun target shooting club"

means a person or body approved by
the Chief Commissioner under
section 123A;

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 3	Part 2—Amendments to the Firearms Act 1996

"approved handgun target shooting match" means—

(a) for handguns that are of a calibre of ·38 inch or less, a handgun target shooting match that is of a class that is prescribed for handguns of any such calibre; or
(b) for handguns that are of a calibre that is more than ·38 inch but not more than ·45 inch, a handgun
target shooting match that is of a
class that is prescribed for
handguns of any such calibre; or
(c) for handguns that are of a calibre of more than ·45 inch, a black powder handgun target shooting match that is of a class that is prescribed for handguns of any such calibre;

"category 1 firearms collectors licence"

means a licence issued under
section 21;

"category 2 firearms collectors licence"

means a licence issued under
section 21A;

"category E handgun" means any of the

following—

(a) a machine gun that is a handgun;

(b) any handgun prescribed for the purposes of this category;
"close associate", in relation to the holder of a dealers licence, means a person—

(a)
who is able to exercise a respect to the conduct of the

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 3
business conducted under the
dealers licence because that
person—
(i) holds an interest in the capital or assets of that business or is entitled to
receive any income derived from that business (whether the entitlement arises at law or in equity or otherwise); or

(ii) holds any power (whether
exercisable by voting or
otherwise and whether
exercisable alone or in
association with others) to
participate in any managerial
or executive decision in that
business or to appoint any
person to a position of
management in that business
(whether in the capacity of
director, manager or
secretary or in any other
capacity); or

(b) who participates in the
management of the business
conducted under the licence
(whether in the capacity of
director, manager or secretary or
in any other capacity)—
and, in relation to an applicant for a
dealers licence, means any person who
would, if a licence were issued to the
applicant, be a person to whom
paragraph (a) or (b) would apply;

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 3	Part 2—Amendments to the Firearms Act 1996

"general category handgun" means a

handgun that is not a category E
handgun;

"general category handgun licence" means

a handgun licence issued under
section 15;

"known information" in relation to a close associate, means any records about the close associate kept by or on behalf
of—
(a) the Chief Commissioner; or

(b)

any person holding a position equivalent to that of the Chief Commissioner in the
Commonwealth or in any other
State or Territory of the
Commonwealth or in any other
country;

"nominated officer" means a person
nominated under section 123N;
"registered" means registered under
Part 5;';

(d)

in the definition of "approved club" omit "or section 15(3)";

(e)

in paragraph (a) of the definition of "category E longarm", after "machine gun" insert "that is a longarm";

(f)

paragraph (g) of the definition of "firearm" is repealed;

(g)

in the definition of "handgun licence", after "section 15" insert "or section 16A";

(h)

in the definition of "firearms collectors licence", after "under section 21" insert "or section 21A";

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 3
(i) in the definition of "prohibited person", after paragraph (b) insert—
"(ba) a person—

(i)
imprisonment for an offence under
who is serving a term of Crimes Act 1958; or

(ii)
10 years have expired since the
person finished serving a term of
in relation to whom, not more than specified in sub-paragraph (i); or

(bb) a person—

(i)
imprisonment in another State or a
Territory of the Commonwealth
who is serving a term of nature to an offence specified in paragraph (ba)(i); or

(ii)
10 years have expired since the
person finished serving a term of
imprisonment in another State or a
Territory of the Commonwealth
in relation to whom, not more than paragraph (ba)(i); or".

(2) After section 3(2) of the Firearms Act 1996
insert—
"(3) For the purposes of this Act, in determining

whether a particular offence is a first
offence, any other offence in respect of
which a conviction was recorded or a finding
of guilt was made 10 years or more before
the commission of the particular offence, is
to be disregarded.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 4	Part 2—Amendments to the Firearms Act 1996

(4) This Act does not apply to a firearm that was manufactured before 1900, if—

(a) in the case of any such firearm that is a longarm—
(i) it does not take cartridge ammunition; or

(ii)
ammunition, the cartridge
if it does take cartridge commercially available; or

(b) in the case of any such firearm that is a handgun, it is not of a type that uses percussion, or methods developed during or after the development of percussion, as a means of ignition.".
4. Increase in penalty for possession, carriage or use of firearm by prohibited person
(1) In section 5(1) of the Firearms Act 1996—
(a) after "use a" insert "registered";

(b)
for "600 penalty units or 7 years units or 10 years imprisonment".

(2) After section 5(1) of the Firearms Act 1996
insert—

"(1A) A prohibited person must not possess, carry or use a firearm that is not registered.

Penalty: 1800 penalty units or 15 years
imprisonment.".

(3) In section 5(2) of the Firearms Act 1996, for

"240 penalty units or 4 years imprisonment"
substitute "480 penalty units or 8 years
imprisonment".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 5

5. Possession, carriage or use of longarms
(1) In section 6(1) of the Firearms Act 1996—

(a)

for "unless the longarm is registered and" substitute "that is registered unless";

(b)

for "60 penalty units or 12 months imprisonment" substitute "120 penalty units or 2 years imprisonment".

(2) In section 6(2) of the Firearms Act 1996—

(a)

for "unless the longarm is registered and" substitute "that is registered unless";

(b)

for "60 penalty units or 12 months imprisonment" substitute "120 penalty units or 2 years imprisonment".

(3) In section 6(3) of the Firearms Act 1996—

(a)

for "unless the longarm is registered and" substitute "that is registered unless";

(b)

for "120 penalty units or 2 years imprisonment" substitute "240 penalty units or 4 years imprisonment".

(4) In section 6(4) of the Firearms Act 1996—

(a)

for "unless the longarm is registered and" substitute "that is registered unless";

(b)

for "120 penalty units or 2 years imprisonment" substitute "240 penalty units or 4 years imprisonment".

(5) In section 6(5) of the Firearms Act 1996—

(a)

for "unless the longarm is registered and" substitute "that is registered unless";

(b)

for "240 penalty units or 4 years imprisonment" substitute "600 penalty units or 7 years imprisonment".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 6	Part 2—Amendments to the Firearms Act 1996

(6) For section 6(6) of the Firearms Act 1996

substitute—
"(6) A non-prohibited person must not possess,

carry or use a longarm that is not a category
A, B, C, D or E longarm.

Penalty: 240 penalty units or 4 years
imprisonment.".

6. Insertion of new section 6A
After section 6 of the Firearms Act 1996 insert—
"6A. Offence to possess, carry or use an unregistered longarm
(1) A non-prohibited person must not possess,

carry or use a category A or category B
longarm that is not registered.

Penalty: For a first offence, 120 penalty units or 2 years imprisonment. For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
(2) A non-prohibited person must not possess,

carry or use a category C or category D
longarm that is not registered.

Penalty:

For a first offence, 240 penalty units or 4 years imprisonment. For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 7
(3) A non-prohibited person must not possess, carry or use a category E longarm that is not

registered.
Penalty:

For a first offence, 600 penalty units or 7 years imprisonment. For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.".

7. Substitution of section 7
For section 7 of the Firearms Act 1996 substitute—
"7. Offence for non-prohibited person to

possess, carry or use a handgun without a
licence

(1) A non-prohibited person must not possess, carry or use a registered general category
handgun for purposes other than the purpose
of collecting handguns, unless that person
does so under and in accordance with a
licence issued under Division 3 or 5 of this
Part.

Penalty: 240 penalty units or 4 years
imprisonment.
(2) A non-prohibited person must not possess,

carry or use a registered category E handgun
for purposes other than the purpose of
collecting handguns, unless that person does
so under and in accordance with a licence
issued under Division 3 of this Part.

Penalty: 600 penalty units or 7 years
imprisonment.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 7	Part 2—Amendments to the Firearms Act 1996

(3) A non-prohibited person must not possess,

carry or use a registered general category
handgun, that was manufactured before
1 January 1947, for the purpose of collecting
handguns, unless that person does so under
and in accordance with a licence issued
under section 21 or section 25.

Penalty: 240 penalty units or 4 years
imprisonment.
(4) A non-prohibited person must not possess,
carry or use a registered category E handgun for the purpose of collecting handguns unless that person does so under and in accordance
with a licence issued under section 21 or
section 25.

Penalty: 600 penalty units or 7 years
imprisonment.
(5) A non-prohibited person must not possess,

carry or use a registered general category
handgun, that was manufactured on or after
1 January 1947, for the purpose of collecting
handguns, unless that person does so under
and in accordance with a licence issued
under section 21A.

Penalty: 240 penalty units or 4 years
imprisonment.
(6) A non-prohibited person must not possess,

carry or use a registered category E handgun,
that was manufactured on or after 1 January
1947, for the purpose of collecting handguns,
unless that person does so under and in
accordance with a licence issued under
section 21A.

Penalty: 600 penalty units or 7 years
imprisonment.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 8

8. Insertion of new sections 7A to 7C
After section 7 of the Firearms Act 1996 insert—
"7A. Offence for holder of a general category handgun licence to possess carry or use certain types of handguns under the licence
(1) A person who is the holder of a general

category handgun licence for the reason of
target shooting must not possess, carry or
use—

(a)
Commissioner under sub-section (2),
unless authorised by the Chief of—
(i) in the case of a semi-automatic handgun, less than 120 mm; or
(ii) in the case of a revolver or single shot handgun, less than 100 mm; or

(b)
unless authorised by the Chief any handgun that has a calibre of more than ·45 inch; or

(c)
Commissioner under sub-section (4),
any handgun that has a calibre of more
unless authorised by the Chief ·45 inch; or

(d)

a handgun that has a magazine with a capacity of more than 10 rounds.

Penalty: 240 penalty units or 4 years
imprisonment.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 8	Part 2—Amendments to the Firearms Act 1996

(2) Upon application by a person who is the

holder of, or an applicant for, a general
category handgun licence for the reason of
target shooting, the Chief Commissioner
may authorise the applicant to possess, carry
or use a general category handgun that has a
barrel length—

(a) in the case of a semi-automatic handgun, of less than 120 mm; or
(b) in the case of a revolver or single shot handgun, of less than 100 mm.
(3) In granting an authorisation under sub-

section (2) the Chief Commissioner may
have regard to—

(a) whether or not the handgun is required for participation in a prescribed class of approved handgun target shooting
matches; and

(b) the experience of the applicant in the use of handguns for target shooting; and
(c)
whether or not the handgun is use for target shooting; and

(d)

the general size, appearance and other characteristics of the handgun; and
(e) any other relevant matter.
(4) Upon application by a person who is the

holder of or an applicant for a general
category handgun licence for the reason of
target shooting, the Chief Commissioner
may authorise the applicant to possess, carry
or use a general category handgun—

(a)

that has a calibre of more than ·45 inch; or

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 8

(b) that has a calibre of more than ·38 inch but not more than ·45 inch.
(5) In granting an authorisation under sub-

section (4) the Chief Commissioner may
have regard to—

(a) whether or not the handgun is required for participation in a prescribed class of approved handgun target shooting
matches; and

(b) the experience of the applicant in the use of handguns for target shooting; and
(c) whether or not a club to which the applicant belongs is adapted to enable ammunition that may be used in a firearm of the calibre applied for to be used appropriately and safely; and
(d)
whether or not the handgun is use for target shooting; and

(e)

the general size, appearance and other characteristics of the handgun; and
(f) any other relevant matter.
(6) If the Chief Commissioner has, under sub- section (4), authorised the possession,
carriage or use of a handgun, the holder must
not use that handgun in a handgun target
shooting match that is not of a class of
handgun target shooting matches that is
prescribed as suitable for the calibre of the
handgun.

Penalty: 240 penalty units or 4 years
imprisonment

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 8	Part 2—Amendments to the Firearms Act 1996

7B. Offence to possess, carry or use an unregistered handgun
(1) A person must not possess, carry or use a general category handgun that is not

registered.
Penalty:

For a first offence, 600 penalty units or 7 years imprisonment. For a second or subsequent
offence, 1200 penalty units or
10 years imprisonment.
(2) A person must not possess, carry or use a
category E handgun that is not registered.

Penalty: For a first offence, 1800 penalty units or 14 years imprisonment. For a second or subsequent
offence, 2100 penalty units or
17 years imprisonment.
7C. Possession of a traffickable quantity of unregistered firearms
(1) A person must not possess more than 10 firearms that are not registered.

Penalty: 1200 penalty units or 10 years
imprisonment.
(2) Sub-section (1) does not apply if, in respect of any one of the 10 firearms, the person has given a notice to the Chief Commissioner
under section 115.
(3) A person who is convicted or found guilty of

an offence against sub-section (1) is not
liable to be convicted or found guilty of an
offence against section 5(1A), section 6A(1),
(2) or (3) or section 7B(1) or (2) in respect of
possession of the same firearms at the same
time.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 9

9. Issue of general category handgun licences
(1) Insert the following heading to section 15 of the
Firearms Act 1996—
"Issue of handgun licences for general category
handguns".
(2) In section 15(1) of the Firearms Act 1996, for

"handgun" substitute "general category
handgun".

(3) In section 15(2) of the Firearms Act 1996 —

(a)

in paragraph (a)(ii), for "handgun" substitute "a general category handgun";
(b) for paragraph (b) substitute—

"(b) target shooting—

(i) the applicant must be and continue to be a member of an approved handgun target shooting club; and
(ii) if the applicant is not, at the time of the application, the holder of a licence in another State or a

Territory of the Commonwealth
that authorises the possession,
carriage or use of handguns for the
reason of target shooting, the
applicant must, for the period of
6 months immediately preceding
the application, have been a
member of that club;".

(4) For section 15(3) of the Firearms Act 1996
substitute—
"(3) In the case of a person who is applying for a

handgun licence for general category
handguns for the reason of target shooting,
the Chief Commissioner must not issue such
a licence to that person unless a nominated

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 10

Part 2—Amendments to the Firearms Act 1996

officer of an approved handgun target shooting club of which the person is a member has, on behalf of the club, endorsed
the application.".

(5) Section 15(4) of the Firearms Act 1996 is

repealed.

(6) Section 15(5) of the Firearms Act 1996 is

repealed.
10. Further conditions applying to general category handgun licences
At the end of section 16 of the Firearms Act
1996 insert—
'(2) If the holder of a general category handgun licence is authorised to possess, carry or use a general category handgun for the reason of target shooting, the licence is subject to the

following conditions—

(a) the holder must not participate in target shooting for any purpose other than the purpose of preparing for and competing in approved handgun target shooting
matches;

(b)

if the holder is a member of more than one approved handgun target shooting club, the holder must nominate one
such club to be his or her principal
club.
(3) If—

(a)

the holder of a general category handgun licence is authorised under the licence to possess, carry or use general category handguns for the reason of target shooting; and

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 10

(b)

that holder does not possess, carry or use more than one class of general category handguns under that licence—
the licence is subject to the condition that in
each calendar year for which the holder
holds the licence, subject to sub-section (4),
he or she must participate in, either as a
competitor or as the supervisor, a
competition judge or range officer—

(c)
at least 6 competitive approved least 6 separate days; and

(d) at least 4 handgun target shoots organised by approved handgun target shooting clubs on at least 4 separate days, being days that are in addition to the days under paragraph (c).
(4) The holder of a licence, to whom sub-section

(3) applies, must participate in at least 6 of
the matches and shoots required by sub-
section (3) as a competitor.

(5) If—

(a)

the holder of a general category handgun licence is authorised under the licence to possess, carry or use general category handguns for the reason of target shooting; and

(b)

that holder does possess, carry or use more than one class of general category handguns under that licence—
the licence is subject to the condition that in
each calendar year for which the holder
holds the licence, subject to sub-section (6),
he or she must participate in, either as a
competitor or as the supervisor, a
competition judge or range officer—

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 11

Part 2—Amendments to the Firearms Act 1996

(c)

for each class of handgun possessed by the holder in the whole or any part of the calendar year, at least 4 competitive approved handgun target shooting matches for that class of handgun that take place on at least 4 separate days; and
(d) in any case—

(i)
at least 6 competitive approved on at least 6 separate days; and
(ii) at least 4 handgun target shoots organised by approved handgun target shooting clubs on at least 4 separate days, being days that are in addition to the days under sub-paragraph (i).

(6) The holder of a licence, to whom sub-section

(5) applies, must participate in at least 6 of
the matches and shoots required by sub-
section (5)(d) as a competitor.

(7) For the purposes of this section, a person

who conducts a handgun safety course, that
is of a class of such courses that has been
approved by the Chief Commissioner, is
deemed to have competed in an approved
handgun target shooting match.'.

11. Insertion of new sections 16A and 16B
After section 16 of the Firearms Act 1996 insert—
"16A. Issue of handgun licences for category E
handguns
(1) The Chief Commissioner may licence a person to possess, carry or use category E

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 12
handguns for the reason specified in the
licence.
(2) The Chief Commissioner must not issue a
licence for category E handguns unless—

(a) the applicant can demonstrate that the licence is required for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; and
(b) if the application is in respect of more than one category E handgun, the applicant can demonstrate a compelling reason for more than one such handgun to be possessed, carried or used under the licence.
(3) For the purposes of demonstrating that the

licence is required for a purpose specified in
sub-section (2)(a), the applicant must
produce evidence that the licence is required
for that purpose.

16B. Conditions applying to handgun licences for category E handguns
A handgun licence for category E handguns is subject to any conditions imposed on the licence or the category of licence by the
Chief Commissioner.".

12. Discretion of Chief Commissioner to refuse a handgun licence
After section 17(c)(i) of the Firearms Act 1996 insert—
"(ia) in particular, in relation to an applicant for a handgun licence, that there is no information as to criminal activities on the part of the
applicant that is known to the Chief
Commissioner that would cause the Chief

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 13

Part 2—Amendments to the Firearms Act 1996

Commissioner not to be satisfied that the person is a fit and proper person; and".

13. Junior licences
(1) In section 18(1) of the Firearms Act 1996, for

"handguns" substitute "general category
handguns".

(2) After section 18(2) of the Firearms Act 1996
insert—
"(2A) The Chief Commissioner must not issue a
junior licence which authorises the carriage or use of a general category handgun, unless the applicant can demonstrate that the
licence is required for the reason of handgun
target shooting.".

(3) After section 18(3) of the Firearms Act 1996
insert—
"(4) For the purpose of demonstrating that a

junior licence is required for the reason of
handgun target shooting, the applicant—

(a)

must be and continue to be a member of an approved handgun target shooting club; and

(b)

if the applicant is not, at the time of the application, the holder of a licence in another State or a Territory of the Commonwealth that authorises the carriage or use of handguns for the reason of target shooting, must, for the period of 6 months immediately preceding the application, have been a member of that club.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 14
(5) In the case of a person who is applying for a
junior licence for the reason of handgun target shooting, the Chief Commissioner must not issue such a licence to that person
unless a nominated officer of an approved handgun target shooting club of which the person is a member has, on behalf of the
club, endorsed the application.".

14. Further conditions applying to junior licences
At the end of section 19 of the Firearms Act
1996 insert—
"(2) If the holder of a junior licence is authorised
to carry or use a general category handgun for the reason of handgun target shooting, the licence is subject to the following
conditions—

(a)
handgun target shooting for any
purpose other than the purpose of
preparing for and taking part in
the holder must not participate in matches;

(b)

if the holder does not carry or use more than one class of handguns, in each calendar year for which the holder holds the licence, the holder must—

(i)
approved handgun target shooting
compete in at least 6 competitive days; and

(ii)
target shoots organised by
participate in at least 4 handgun clubs on at least 4 separate days, being days that are in addition to the days under sub-paragraph (i);

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 15

Part 2—Amendments to the Firearms Act 1996

(c)

if the holder does carry or use more than one class of handguns, in each calendar year for which the holder holds the licence, the holder must—

(i)
handgun carried or used by the
holder in the whole or any part of
the calendar year, at least
4 competitive approved handgun
target shooting matches for that
compete in, for each class of on at least 4 separate days; and

(ii) in any case—

(A) compete in at least
6 competitive approved handgun target shooting matches on at least
6 separate days; and
(B) participate in at least
4 handgun target shoots organised by approved handgun target shooting
clubs on at least 4 separate days, being days that are in addition to the days under
sub-sub-paragraph (A);

(d)

if the holder is a member of more than one approved handgun target shooting club, the holder must nominate one
such club to be his or her principal
club.".

15. Alteration of reference to handguns in section 20

In section 20(b)(i) of the Firearms Act 1996, for
"handgun" substitute "general category
handgun".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 16

16. Category 1 firearms collectors licences
(1) Insert the following heading to section 21 of the
Firearms Act 1996—
"Issue of category 1 firearms collectors
licences".
(2) For section 21(1) of the Firearms Act 1996
substitute—
"(1) The Chief Commissioner may licence a person to possess or carry—
(a) longarms; and

(b)

handguns that have been manufactured before 1 January 1947—
for the purpose of collecting any such
firearms.".

(3) In section 21(2) of the Firearms Act 1996— (a) for paragraph (a) substitute—
"(a) is and has been, for at least 6 months, a member of an approved firearms collectors club that deals with the classes of firearms the person proposes

to collect; and";

(b)
historical, thematic or investment value."
in paragraph (b) for "commemorative, thematic value; and";

(c) after paragraph (b) insert—

"(c) is a member of an approved firearms
collectors club, a nominated officer of which has endorsed the application, on behalf of the club.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 17

Part 2—Amendments to the Firearms Act 1996

17. Insertion of new section 21A
After section 21 of the Firearms Act 1996 insert—
"21A. Issue of category 2 firearms collectors
licences
(1) The Chief Commissioner may licence a person to possess or carry handguns that have been manufactured on or after
1 January 1947 for the purpose of collecting
any such handguns.
(2) The Chief Commissioner must not issue a

licence under sub-section (1) unless the
applicant—

(a)
collected will be of obvious and
can demonstrate that the handguns or thematic value; and

(b)
has held a category 1 firearms 2 years; and

(c) is a member of an approved firearms collectors club, a nominated officer of which has endorsed the application, on behalf of the club; and
(d)
manufactured before 1 January 1947,
and the addition of handguns
possesses more than 10 handguns 1947 will increase the historical value and significance of the collection; and

(e)

can demonstrate that the proposed increase of the collection is safe in all the circumstances.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 18

18. Conditions on firearms collectors licences
(1) Insert the following heading to section 22 of the
Firearms Act 1996—
"Conditions applying to category 1 and
category 2 firearms collectors licences".
(2) In section 22 of the Firearms Act 1996, for
"A firearms collectors licence" substitute—
"(1) Each category 1 and category 2 firearms collectors licence".
(3) At the end of section 22 of the Firearms Act 1996 insert—
"(2) Each category 1 and category 2 firearms

collectors licence is subject to the following
conditions—

(a) that the holder of the licence must not possess or carry a firearm that is of a class that the holder is not authorised under the licence to possess or carry; and
(b) that the holder of the licence, for each class of firearm held under the licence, is, for the period of the licence, a
member of an approved firearms
collectors club that deals with that class
of firearms.".
19. Category of handgun that may be removed from collectors register
In section 24(2) of the Firearms Act 1996, after "a handgun licence" insert "for general category handguns".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 20

Part 2—Amendments to the Firearms Act 1996

20. Limitation on review of decision of Chief Commissioner not to issue licence
(1) In section 34 of the Firearms Act 1996, for "A non-prohibited person" substitute—
"(1) Subject to sub-section (2), a non-prohibited
person".

(2) At the end of section 34 of the Firearms Act 1996 insert—
"(2) Sub-section (1) does not apply to a decision

of the Chief Commissioner not to issue a
licence on the ground set out in section
17(c)(ia).".

21. Requirement to comply with licence conditions for general category and category E handgun licences
(1) In section 36(2) of the Firearms Act 1996, for "a handgun licence" substitute "a handgun licence for general category handguns".
(2) In section 36(3) of the Firearms Act 1996, after "category E longarms" insert "or a handgun licence for category E handguns".
22. Disposal of general category and category E handguns where licence not renewed
(1) In section 45(4) of the Firearms Act 1996, for "a handgun" substitute "a general category handgun".
(2) In section 45(5) of the Firearms Act 1996, after "category E longarm" insert "or a category E handgun".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 23
23. Power of Chief Commissioner to cancel a general category handgun licence for failure to comply with certain conditions
(1) In section 49 of the Firearms Act 1996—

(a)

before "The Chief Commissioner may" insert "(1)";

(b)

in paragraph (d), for "the conditions of the licence" substitute "a condition of the licence, that is not the condition set out in section 16(2)(b) or (c)";
(c) after paragraph (f) insert—

"(fa) in particular, in relation to the holder of
information as to criminal activities on
the part of the holder that is known to
the Chief Commissioner that causes the

a handgun licence, that there is the person is not a fit and proper person; or";

(d) after paragraph (h) insert—

"(ha) the holder has, through his or her

negligence or fraud, caused a firearm to
be lost or stolen; or".

(2) At the end of section 49 of the Firearms Act 1996 insert—
"(2) If the holder of a general category handgun
licence is a holder to whom the condition set holder has failed to comply with that condition.
out in section 16(2)(b) applies, the Chief

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 24

Part 2—Amendments to the Firearms Act 1996

(3) If the holder of a general category handgun

licence is a holder to whom the condition set
out in section 16(2)(c) applies, the Chief
Commissioner—

(a) must cancel that licence if the holder has failed to comply with sub- paragraph (ii) of that condition; and
(b) may cancel that licence if the holder has failed to comply with sub- paragraph (i) of that condition.".
24. Limitation of power to apply to Committee for review of licence cancellation for general category handgun licences
In section 50 of the Firearms Act 1996, for "under section 49" substitute "under section 49(1), on any ground set out in that sub-section
other than the ground set out in paragraph (fa)".
25. Notice of decision to cancel general category handgun licence
(1) In section 51(1) of the Firearms Act 1996, after "49" insert "(1), other than paragraph (fa),".
(2) After section 51(1) of the Firearms Act 1996
insert—
"(1A) If the Chief Commissioner has cancelled a

general category handgun licence under
section 49(1)(fa), (2) or (3), the Chief
Commissioner must so notify the holder.".

(3) In section 51(2) of the Firearms Act 1996, after "(1)" insert "or (1A)".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 26

26. Insertion of new sections 52A and 52B
After section 52 of the Firearms Act 1996 insert—
"52A. Power of Chief Commissioner to require
the holder of a general category handgun licence to surrender certain handguns for failure to comply with participation
condition
(1) If—

(a) the holder of a general category handgun licence is a holder to whom the condition set out in section 16(2)(c) applies; and
(b) the holder has failed to comply with sub-paragraph (i) of that condition; and
(c)
the Chief Commissioner has not failure to comply—

the Chief Commissioner may require the
holder to surrender—

(d) any handgun in respect of which the failure to comply has taken place; and
(e) any ammunition in that person's possession that is capable of being used in that handgun, if the ammunition is not capable of being used in another firearm that is registered to that person and possessed by that person under a licence issued under this Part.
(2) If the Chief Commissioner has decided to

impose a requirement under sub-section (1),
the Chief Commissioner must so notify the
holder of the licence.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 26

Part 2—Amendments to the Firearms Act 1996

(3) A notice under sub-section (1) may be served on the holder either personally or by post.
52B. Power of Chief Commissioner to require
the holder of a category 1 or category 2 firearms collectors licence to surrender certain handguns for failure to comply with
certain conditions
(1) If—

(a) the holder of a category 1 or category 2 firearms collectors licence has failed to comply with the condition set out in
section 22(2)(a); and

(b)
the Chief Commissioner has not failure to comply—

the Chief Commissioner may require the
holder to surrender—

(c) any handgun in respect of which the failure to comply has taken place; and
(d) any ammunition in that person's possession that is capable of being used in that handgun.
(2) If the Chief Commissioner has decided to

impose a requirement under sub-section (1),
the Chief Commissioner must so notify the
holder of the licence.

(3) A notice under sub-section (1) may be served on the holder either personally or by post.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 27

27. Insertion of new sections 53A and 53B
After section 53 of the Firearms Act 1996 insert—
"53A. Surrender of handguns for failure to comply with participation condition
(1) If the holder of a general category handgun licence has been served with a notice from the Chief Commissioner under section 52A,
the holder must—

(a)

if served personally with the notice, immediately surrender any handgun and ammunition referred to in the
notice to the person serving the notice;
or

(b)

if served by post with the notice, within 7 days of the service of the notice, surrender any handgun and ammunition referred to in the notice to a police station.
(2) If a member of the police force has
reasonable grounds for believing that a
person has not complied with sub-section
(1), the member—

(a)

must seize from the person any handgun and ammunition referred to in the notice, if the member is aware that any such handgun and any such ammunition is in the possession of the person; and

(b)

may, at any reasonable time, without warrant, enter and search any premises where the person resides or has resided for the purpose of seizing any such handgun or ammunition.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 27

Part 2—Amendments to the Firearms Act 1996

(3) Despite the surrender or seizure of a handgun or ammunition under this section, the person who has surrendered the handgun or
ammunition or from whom the handgun or
ammunition has been seized continues to be
the owner of the handgun or ammunition.
53B. Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence not complied
with
(1) If the holder of a category 1 or category 2
firearms collectors licence has been served with a notice from the Chief Commissioner under section 52B, the holder must—

(a)

if served personally with the notice, immediately surrender any handgun and ammunition referred to in the
notice to the person serving the notice;
or

(b)

if served by post with the notice, within 7 days of the service of the notice, surrender any handgun and ammunition referred to in the notice to a police station.
(2) If a member of the police force has
reasonable grounds for believing that a
person has not complied with sub-section
(1), the member—

(a)

must seize from the person any handgun and ammunition referred to in the notice, if the member is aware that any such handgun and any such ammunition is in the possession of the person; and

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 28

(b) may, at any reasonable time, without warrant, enter and search any premises where the person resides or has resided for the purpose of seizing any such handgun or ammunition.
(3) Despite the surrender or seizure of a handgun or ammunition under this section, the person who has surrendered the handgun or
ammunition or from whom the handgun or
ammunition has been seized continues to be
the owner of the handgun or ammunition.".

28. Requirement for certain exempt persons to notify the Chief Commissioner
At the end of section 54 of the Firearms Act
1996 insert—
"(2) A person who receives instruction in the use of a general category handgun in accordance with the exemption set out in item 4 or 5A of Schedule 3 must, on each occasion on which that person receives that instruction, so
notify the Chief Commissioner on the form
approved by the Chief Commissioner.
(3) A notification under sub-section (2) must—

(a)

contain any information as to the identity of the person that the Chief Commissioner requires; and

(b)

be signed by the person giving the notice; and

(c)

must be given to the Chief Commissioner within 7 days of the day on which the person receives the instruction.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 29

Part 2—Amendments to the Firearms Act 1996

(4) As part of a notification under sub-section

(2), the Chief Commissioner may require the
person giving the notification to make a
declaration—

(a) as to whether or not the person is a prohibited person; and
(b) as to the number of occasions on which the person has received instruction in the use of general category handgun.
(5) A person must not give false information in a notification under sub-section (2).

Penalty: 120 penalty units or 2 years
imprisonment.".

29. Permits for collectors to carry or use handguns

In section 58(1) of the Firearms Act 1996, for
"handgun" substitute "a general category
handgun".

30. Insertion of new sections 58A
After section 58 of the Firearms Act 1996 insert—
'58A. Permits to carry or use general category handguns during probationary period
(1) The Chief Commissioner may grant a permit

to a probationary member of an approved
handgun target shooting club to carry or use
the classes of handguns specified in the
permit at approved handgun target shooting
matches.

(2) The Chief Commissioner must not grant a permit under this section—

(a)

if the applicant is a prohibited person; or

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 30

(b) unless the Chief Commissioner is satisfied that the applicant is a fit and proper person to hold such a permit; or
(c) in the case of an applicant who is of or over 12 years of age and under the age of 18 years unless—
(i) the applicant has the written consent of his or her parent or guardian; and
(ii) the person who is to provide the instruction to the applicant has the consent of the applicant's parent or guardian; or

(d) for any other prescribed reason.
(3) The Chief Commissioner may impose any

conditions on the permit that the Chief
Commissioner thinks fit.

(4) The holder of a permit under this section

does not commit an offence under section 7
when acting under and in accordance with
the permit.

(5) An application for a permit must be in the form approved by the Chief Commissioner.
(6) The applicant must pay the prescribed fee for such a permit.
(7) The holder of the permit must comply with
the permit.

Penalty: 120 penalty units or 2 years
imprisonment.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 31

Part 2—Amendments to the Firearms Act 1996

(8) In this section "probationary member of
an approved handgun target shooting club" means a member of an approved handgun target shooting club who is not entitled to the issue of a general category handgun licence because of the operation of
section 15(2)(b)(ii).'.
31. Discretion of Chief Commissioner to refuse to issue dealers licence
In section 61 of the Firearms Act 1996—

(a) in paragraph (a), after "the applicant," insert "any close associate of the applicant,";
(b) after paragraph (c) insert— "(ca) unless the Chief Commissioner is
satisfied that all close associates of the
applicant are fit and proper persons;
or".

32. Application by natural person for dealers licence

(1) In section 64 of the Firearms Act 1996, after "accompanied by—" insert—
"(aa) a statement setting out the name and address of any person who is a close associate of the applicant, verified by a statutory declaration; and".

(2) In section 64 of the Firearms Act 1996—

(a)

in paragraph (b), for "business." substitute "business; and";
(b) after paragraph (b) insert—
"(c) a full set of the fingerprints of any close

associate of the applicant, or if it is not
possible to obtain a full set of such
fingerprints, if the Chief Commissioner
so requires, any known information
about the close associate.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 33

33. Application by body corporate for a dealers licence

In section 65 of the Firearms Act 1996—

(a) in paragraph (c)(ii), for "fingerprints." substitute "fingerprints; and";
(b) after paragraph (c) insert— "(d) be accompanied by—

(i)
and address of any person who is
a close associate of the applicant,
a statement setting out the name and
(ii) a full set of the fingerprints of any close associate of the applicant, or if it is not possible to obtain a full set of such fingerprints, if the

Chief Commissioner so requires, any known information about the close associate.".

34. Application for renewal of a dealers licence
After section 72(4) of the Firearms Act 1996 insert—
"(4A) In addition to the requirements of sub- sections (3) and (4), if there is a close associate of the applicant for renewal who
has not been disclosed to the Chief
Commissioner, the application must be
accompanied by—

(a) a statement setting out the name and address of any such close associate, verified by a statutory declaration; and
(b) a full set of the fingerprints of any such close associate, or if it is not possible to obtain a full set of such fingerprints, if
the Chief Commissioner so requires,

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 35

Part 2—Amendments to the Firearms Act 1996

any known information about the close
associate.".
35. Discretion of Chief Commissioner to refuse to renew dealers licence
In section 73 of the Firearms Act 1996—

(a)

in paragraph (a), after "the applicant" insert ", any close associate of the applicant";

(b)

in paragraph (b)(i), after "the applicant," insert "all close associates of the applicant,".

36. Insertion of new sections 75A and 75B
After section 75 of the Firearms Act 1996 insert—
"75A. Requirement to notify Chief Commissioner
of close associates
(1) If, at any time during the course of a dealers
licence—

(a) a person becomes a close associate of the holder of the licence; or
(b) ceases to be a close associate of the holder of the licence—
the holder of the licence must immediately notify the Chief Commissioner of that fact. Penalty: 20 penalty units.
(2) A notice under sub-section (1) must—
(a) be in writing; and

(b)

set out the name and address of the person who has become or ceased to be a close associate (as the case requires); and

(c)

be accompanied by a full set of fingerprints of any person who has become a close associate of the

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 37
applicant, or if it is not possible to
obtain a full set of such fingerprints, if
the Chief Commissioner so requires,
any known information about the
person.

75B. Offence to employ prohibited persons in management of business
The holder of a dealers licence must not—

(a)
employ a prohibited person in the or

(b)

engage a prohibited person to act as an agent in the business conducted under the licence.

Penalty: 60 penalty units.".

37. Power to cancel dealers licence
In section 79(e) of the Firearms Act 1996—

(a)

in sub-paragraph (ii) for "business—" substitute "business; or";
(b) after sub-paragraph (ii) insert—
"(iii) any close associate of the holder of the

licence—".

38. Acquisition of handguns by dealers
(1) In section 93(2) of the Firearms Act 1996, for "a

handgun" substitute "a general category
handgun".

(2) In section 93(3)(a) of the Firearms Act 1996,

after "category E longarm" insert "or a category E
handgun".

(3) In section 93(4)(g) of the Firearms Act 1996, for

"a category C longarm or a handgun" (wherever
occurring) substitute "a category C longarm or a
general category handgun".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 39

Part 2—Amendments to the Firearms Act 1996

39. Disposal of handguns by dealers
(1) In section 94(2) of the Firearms Act 1996, for "a

handgun" substitute "a general category
handgun".

(2) In section 94(3)(a) of the Firearms Act 1996,

after "a category E longarm" insert "or a
category E handgun".

(3) In section 94(4)(f) of the Firearms Act 1996, for

"a handgun" (wherever occurring) substitute "a
general category handgun".

40. Penalties for unauthorised acquisition of firearms

(1) In section 95(1) of the Firearms Act 1996, for "60 penalty units or 12 months imprisonment" substitute "120 penalty units or 2 years
imprisonment".
(2) In section 95(2) of the Firearms Act 1996— (a) omit "or a handgun";

(b)

for "120 penalty units or 2 years imprisonment" substitute "240 penalty units or 4 years imprisonment".

(3) After section 95(2) of the Firearms Act 1996
insert—
"(2A) A person who is not a licensed firearms

dealer must not acquire a general category
handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.

Penalty: 600 penalty units or 5 years
imprisonment.".
(4) In section 95(3) of the Firearms Act 1996, for "240 penalty units or 4 years imprisonment"

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 41
substitute "600 penalty units or 7 years
imprisonment".
(5) After section 95(3) of the Firearms Act 1996
insert—
"(4) A person who is not a licensed firearms

dealer must not acquire a category E
handgun from a person who is not a licensed
firearms dealer, unless the person who is
acquiring the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.

Penalty: 1200 penalty units or 10 years
imprisonment.".

41. Penalties for unauthorised disposal of firearms

(1) In section 96(1) of the Firearms Act 1996, for "60 penalty units or 12 months imprisonment" substitute "120 penalty units or 2 years
imprisonment".
(2) In section 96(2) of the Firearms Act 1996— (a) omit "or a handgun";

(b)

for "120 penalty units or 2 years imprisonment" substitute "240 penalty units or 4 years imprisonment".

(3) After section 96(2) of the Firearms Act 1996
insert—
"(2A) A person who is not a licensed firearms

dealer must not dispose of a general category
handgun to a person who is not a licensed
firearms dealer, unless the person who is
disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.

Penalty: 600 penalty units or 5 years
imprisonment.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 42

Part 2—Amendments to the Firearms Act 1996

(4) In section 96(3) of the Firearms Act 1996, for

"240 penalty units or 4 years imprisonment"
substitute "600 penalty units or 7 years
imprisonment".

(5) After section 96(3) of the Firearms Act 1996
insert—
"(4) A person who is not a licensed firearms dealer must not dispose of a category E handgun to a person who is not a licensed
firearms dealer, unless the person who is
disposing of the firearm engages a licensed
firearms dealer as his or her agent in the
transaction.

Penalty: 1200 penalty units or 10 years
imprisonment.".

42. Acquisition of handguns from outside the State

(1) In section 99(2) of the Firearms Act 1996, for "a

handgun" substitute "a general category
handgun".

(2) In section 99(3) of the Firearms Act 1996, after

"category E longarm" insert "or a category E
handgun".

43. Disposal of handguns to a place outside the State

(1) In section 100(2) of the Firearms Act 1996, for

"a handgun" substitute "a general category
handgun".

(2) In section 100(3) of the Firearms Act 1996, after

"category E longarm" insert "or a category E
handgun".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 44

44. Insertion of new sections 101A and 101B
After section 101 of the Firearms Act 1996 insert—
"101A. Prohibition on the acquisition or disposal of traffickable quantities of firearms
(1) A person, who is not the holder of a dealers licence, must not acquire or dispose of more than 10 unregistered firearms within a period of 7 days.

Penalty: 1200 penalty units or 10 years
imprisonment.
(2) Sub-section (1) does not apply if, in respect of any one of the 10 firearms, the person has given a notice to the Chief Commissioner
under section 115.
(3) A person who is convicted or found guilty of

an offence against sub-section (1) is not
liable to be convicted or found guilty of an
offence against section 95(1), (2), (2A), (3)
or (4), section 96(1), (2), (2A), (3) or (4) or
section 102(1), (2), (2A), (3) or (3A) in
respect of possession of the same firearms at
the same time.

101B. Prohibition on providing financial

accommodation for the illegal acquisition
or disposal of firearms

(1) A person must not lend money, guarantee the

lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category A or B
longarm—

(a)

knowing that the acquisition or disposal does not comply with this Act; or

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 44

Part 2—Amendments to the Firearms Act 1996

(b)

being reckless as to whether or not the acquisition or disposal complies with this Act.

Penalty: 120 penalty units or 2 years
imprisonment.
(2) A person must not lend money, guarantee the

lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category C or D
longarm or a general category handgun—

(a)

knowing that the acquisition or disposal does not comply with this Act; or

(b)

being reckless as to whether or not the acquisition or disposal complies with this Act.

Penalty: 240 penalty units or 4 years
imprisonment.
(3) A person must not lend money, guarantee the

lending of money or otherwise provide
financial accommodation for the purpose of
acquiring or disposing of a category E
longarm or a category E handgun—

(a)

knowing that the acquisition or disposal does not comply with this Act; or

(b)

being reckless as to whether or not the acquisition or disposal complies with this Act.

Penalty: 600 penalty units or 7 years
imprisonment.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 45

45. Acquisition of handguns without a permit
(1) In section 102(2) of the Firearms Act 1996, omit "or a handgun".
(2) After section 102(2) of the Firearms Act 1996
insert—
"(2A) A person must not acquire a general category

handgun unless that person has a permit to
acquire that handgun.

Penalty: 600 penalty units or 5 years
imprisonment.".
(3) After section 102(3) of the Firearms Act 1996
insert—
"(3A) A person must not acquire a category E

handgun unless that person has a permit to
acquire that handgun.

Penalty: 1200 penalty units or 10 years
imprisonment.".
(4) In section 102(4) of the Firearms Act 1996, for "(2) and (3)" substitute "(2), (2A), (3) and (3A)".
(5) In section 102(6) of the Firearms Act 1996, omit "or a handgun" (wherever occurring).
(6) After section 102(6) of the Firearms Act 1996
insert—
"(7) Sub-section (2A) does not apply to a
person—

(a)

who is the holder of an inter-State permit to acquire a general category handgun which has been issued not more than 28 days before the acquisition of the firearm; and

(b)

who is acquiring a general category handgun in accordance with the permit; and

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 46

Part 2—Amendments to the Firearms Act 1996

(c) who, in order to acquire the firearm, personally attends at the premises where the dealer—
(i) from whom the firearm is being acquired; or
(ii) who is acting as agent in the transaction—

(as the case requires) carries on
business.".

46. Discretion of Chief Commissioner to refuse to issue permit to acquire for handguns
(1) In section 104(1)(d) of the Firearms Act 1996—

(a)
(b) after sub-paragraph (ii) insert— in sub-paragraph (ii), for "a handgun" category handgun";

"(iia) in the case of an application for a
permit to acquire a category E handgun,
the applicant has demonstrated a
compelling reason to possess, carry or
use a category E handgun; and";
(c) for "pump action shotgun." (where secondly occurring) substitute "pump action shotgun; or".

(2) At the end of section 104(1) of the Firearms Act 1996 insert—
"(e) in the case of an application for a permit to

acquire a handgun by a person who has held
a general category handgun licence for the
reason of target shooting for a period of
6 months or less, for any general category
handgun other than—

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 46
(i) a ·177 inch calibre air handgun, if the applicant has not already acquired such a handgun; or
(ii) a ·22 inch calibre handgun or a centre fire handgun, if the applicant has not already acquired a handgun of either such class; or

(f) in the case of an application for a permit to acquire a handgun by a person who holds a general category handgun licence for the
reason of target shooting—
(i) unless a nominated officer of an approved handgun target shooting club, of which the applicant is and has been a member for the period of 6 months immediately preceding the application, has endorsed the application; or
(ii) if the applicant has not been a member of an approved handgun target shooting club for the period of 6 months immediately preceding the application, unless—
(A) a nominated officer of an
approved handgun target shooting
club of which the applicant is a
member has endorsed the
application; and

(B) a nominated officer of an
approved handgun target shooting
club, of which the applicant has
been a member, in the preceding
12 months, for a consecutive
period of at least 6 months, has
endorsed the application; or

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 47

Part 2—Amendments to the Firearms Act 1996

(g) in the case of an application for a permit to acquire a handgun for the purpose of collecting handguns, unless a nominated officer of an approved firearms collectors club to which the applicant belongs has endorsed the application.".
(3) In section 104(2) of the Firearms Act 1996, for

"a handgun" substitute "a general category
handgun".

47. Insertion of new sections 119A and 119B
After section 119 of the Firearms Act 1996 insert—
"119A. Power of Chief Commissioner to require firearm to have a serial number
(1) The Chief Commissioner may, before

registering a firearm, by notice in writing
require the person who possesses the firearm
to have that firearm stamped with a number
that will enable that firearm to be
individually identified.

(2) A person to whom a notice under sub-section (1) is addressed must comply with the notice within 28 days of the giving of the notice,
unless the person has made an application
under section 119B within the 28 day period.

Penalty: 60 penalty units or 6 months
imprisonment.
(3) This section does not apply to a firearm that

is not required to be registered under this
Act.

119B. Application to have serial number affixed by a method other than stamping
(1) A person who has received a notice in

writing from the Chief Commissioner under
section 119A(1) may apply to the Chief

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 48
Commissioner, in writing, to have the number that enables the firearm to be individually identified applied to the firearm
in a manner other than stamping.
(2) An application under sub-section (1) must be

made within 28 days of the giving of the
notice.

(3) On receiving an application under sub-

section (1), the Chief Commissioner may, in
writing, approve a manner of affixing the
number to the firearm other than by
stamping, and may impose conditions on that
approval.

(4) A person to whom an approval under sub- section (3) is addressed must comply with the approval, within 28 days of the giving of
the approval.

Penalty: 60 penalty units or 6 months
imprisonment.".

48. Production of firearm for inspection
In section 120 of the Firearms Act 1996, after "at any reasonable time" insert "and at any reasonably convenient place".

49. Storage of handguns
(1) In section 121(2) of the Firearms Act 1996, after

"handgun licence" insert "for a general category
handgun".

(2) In section 121(2A) of the Firearms Act 1996,
after "handgun licence" insert "for a general
category handgun".
(3) In section 121(3) of the Firearms Act 1996, after "a firearm" insert "under a handgun licence for a category E handgun or".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 50

Part 2—Amendments to the Firearms Act 1996

(4) In section 121(3A) of the Firearms Act 1996,
after "cartridge ammunition" (where first
occurring) insert "under a handgun licence for a
category E handgun or".

50. Insertion of new section 121A
After section 121 of the Firearms Act 1996 insert—
"121A. Permit to store handguns
(1) The Chief Commissioner may grant a permit

to a person who is the holder of a general
category handgun licence or a dealers licence
to store, at the premises specified in the
permit, the handguns that are—

(a) specified in the permit; and

(b) possessed by another holder of a general category handgun licence who is unable to comply with the condition of the licence set out in section 16(2)(b) or the condition set out in section 16(2)(c) because the holder—
(i) proposes to be absent from the State for a substantial period of time; or

(ii) is temporarily physically
incapacitated.

(2) The Chief Commissioner must not grant a permit under this section—

(a)

if the applicant is a prohibited person; or

(b)

unless the Chief Commissioner is satisfied that the applicant is a fit and proper person to hold such a permit; or

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 50

(c)
satisfied that the licence holder under
whose licence the handguns are
possessed, carried or used is unable to
comply with the condition of the
unless the Chief Commissioner is condition set out in section 16(2)(c) because the holder—
(i) proposes to be absent from the State for a substantial period of time; or

(ii) is temporarily physically
incapacitated.

(3) A permit under this section remains in force for the period specified in the permit, but in no case, for more than 12 months.
(4) The Chief Commissioner may impose any

conditions on the permit that the Chief
Commissioner thinks fit.

(5) The holder of a permit under this section
does not commit an offence under this Part or under section 7 when acting under and in accordance with the permit.
(6) The licence holder under whose licence the

handguns are possessed, carried or used does
not commit an offence under this Part or
under section 7 or 36 when the handguns are
stored under and in accordance with the
permit.

(7) An application for a permit must be in the form approved by the Chief Commissioner.
(8) The applicant must pay the prescribed fee for such a permit.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 51

Part 2—Amendments to the Firearms Act 1996

(9) The holder of the permit must comply with

the permit.
Penalty: 60 penalty units.".

51. Storage of firearms under collectors licences
(1) In section 122(1) of the Firearms Act 1996, for

"(other than a Category E firearm)" substitute
"(that is not a category E handgun or a category E
longarm)".

(2) In section 122(2) of the Firearms Act 1996, for "a category E firearm" substitute "a category E handgun or a category E longarm".

(b) aids, abets, counsels, procures, solicits or incites the commission of an offence (in this section called the principal
offence) in any place outside Victoria, being an offence punishable under the provisions of a law in force in that

place that corresponds to a provision of
this Act—

is guilty of an offence.

(2) A person who is guilty of an offence under sub-section (1)—

(a)

is liable to the same penalty as that which the person would be subject to; and

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 55

Part 2—Amendments to the Firearms Act 1996

(b)

may be dealt with in the same manner as that in which the person would be dealt with—
if the principal offence had been committed
in Victoria.".

55. Possession of cartridge ammunition
In section 124(1)(a) of the Firearms Act 1996, after "under this Act" insert "or a permit under section 58A".

56. Safekeeping of handguns while being carried or used
(1) In section 126(2) of the Firearms Act 1996, for

"a handgun" substitute "a general category
handgun".

(2) In section 126(3) of the Firearms Act 1996, after

"category E longarm" insert "or a category E
handgun".

57. Access to and carriage or use of handgun by person other than possessor
(1) In section 127(2) of the Firearms Act 1996, omit
"or a handgun".
(2) After section 127(2) of the Firearms Act 1996
insert—
"(2A) The possessor of a handgun must not permit a person to have access to or to carry or use that handgun if that person is not—

(a)

so authorised by a licence under Part 2 or a permit under Division 10 of that Part; or

(b)

exempted by this Act from the requirement to be so authorised.

Penalty: 1200 penalty units or 10 years
imprisonment.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 58

58. Insertion of new section 127A
After section 127 of the Firearms Act 1996 insert—
"127A. Offence to use firearms held under a firearms collectors licence
(1) A person must not use a firearm held under a firearms collectors licence unless that person is the holder of a permit issued under
section 58.

Penalty: 240 penalty units or 4 years
imprisonment.
(2) If a member of the police force reasonably

believes that a firearm held under a
collectors licence has been discharged, while
that firearm was being held under the
collectors licence, that member of the police
force may, in accordance with a warrant
issued under the Magistrates' Court Act
1989, take possession of that firearm and
may cause tests to be carried out on the
firearm to determine whether or not it has
been fired.".

59. Increase of penalty
In section 134(3) of the Firearms Act 1996, for "240 penalty units or 4 years imprisonment" substitute "600 penalty units or 7 years imprisonment".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 60

Part 2—Amendments to the Firearms Act 1996

60. Insertion of new sections 134A, 134B and 134C After section 134 of the Firearms Act 1996 insert—
"134A. Requirement to obtain consent of Chief

Commissioner to certain alterations of
firearms

A person must not alter a firearm so that it
becomes a different category of firearm
unless, before doing so, the person obtains
the consent of the Chief Commissioner to do
so.
Penalty: 60 penalty units.
134B. Requirement to notify Chief Commissioner of certain alterations to firearms
A person who alters the calibre of a firearm in a manner not provided for in the original manufacture of the firearm must notify the Chief Commissioner of the alteration within
7 days of doing so.
Penalty: 30 penalty units.

134C. Offence to possess a firearm that has been altered in a particular way
A person must not possess a firearm on
which the serial number has been defaced or
altered, if the defacing or altering of the
serial number is not in accordance with this
Act.

Penalty: 240 penalty units or 4 years
imprisonment.".

61. Offence to own firearm without a licence to possess

(1) In section 135(2) of the Firearms Act 1996, for

"a handgun" substitute "a general category
handgun".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 62
(2) In section 135(3) of the Firearms Act 1996, after

"category E longarm" insert "or a category E
handgun".

62. False or misleading information
(1) Insert the following heading to section 140A of

the Firearms Act 1996—
"Making false or misleading statements or using
false or misleading information".

(2) In section 140A of the Firearms Act 1996, for "60 penalty units or 12 months imprisonment" substitute "240 penalty units or 4 years
imprisonment".
(3) At the end of section 140A of the Firearms Act 1996 insert—

"(2) A person must not, when required to identify
himself or herself for the purposes of this use false or misleading information.

Penalty: 240 penalty units or 4 years
imprisonment.".
63. Restrictions on delegation powers of the Chief Commissioner
In section 176 of the Firearms Act 1996, for "except this power of delegation" substitute "except the following—
(a) this power of delegation;

(b)

the power of the Chief Commissioner to make a decision not to issue a general category handgun licence for the reason set out in section 17(c)(ia);

(c)

the power of the Chief Commissioner to cancel a general category handgun licence for the reason set out in section 49(1)(fa)".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 64

Part 2—Amendments to the Firearms Act 1996

64. Insertion of new section 176A
After section 176 of the Firearms Act 1996 insert—
"176A. Annual Report of Chief Commissioner
The Chief Commissioner must, in each year, within 3 months after the expiry of the time allowed for approved handgun target shooting clubs to make a report under section 123C, submit to the Minister a report setting out details of the information requested by the Minister in relation to those reports.".

65. Disclosure of information
At the end of section 181 of the Firearms Act
1996 insert—

"(2) Despite sub-section (1), in relation to an
handgun target shooting club or an approved
firearms collectors club, the Chief

application for membership of an approved officer of the club, any information as to the following—

(a) the firearms held by the applicant for membership of the club;
(b) any other approved handgun target shooting club or approved firearms collectors club (as the case requires) of
which the applicant is a member;

(c)

any other approved handgun target shooting club or approved firearms collectors club (as the case requires) of
which the Chief Commissioner is aware
the applicant has been refused
membership in the 5 years immediately
preceding the application;

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 66

(d)

any firearms licence held by the applicant that has been cancelled in the 5 years immediately preceding the application;

(e)

any application for a licence or permit under this Act by the applicant that has not been granted by the Chief
Commissioner in the 5 years
immediately preceding the
application.".

66. Insertion of new section 181A
After section 181 of the Firearms Act 1996 insert—
"181A. Requirement for Chief Commissioner to

disclose certain information to certain
approved clubs

(1) If the Chief Commissioner cancels or
suspends—

(a) a general category handgun licence that is held for the reason of target shooting, the Chief Commissioner must inform
any approved handgun target shooting club of which the holder of that licence is a member of that cancellation or
suspension; or

(b)
collectors licence, the Chief
Commissioner must inform any
a category 1 or category 2 firearms which the holder of that licence is a member of that cancellation or suspension.

(2) The Chief Commissioner does not commit an offence under section 181 when acting under this section.".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 67

Part 2—Amendments to the Firearms Act 1996

67. Immunity from liability
(1) In section 183(1) of the Firearms Act 1996—

(a) for "registered medical practitioner,
registered psychologist or registered nurse"
substitute "health professional";
(b) for "reasonably believes" substitute
"believes";

(c)

for "the practitioner, psychologist or nurse is not subject to any civil or criminal liability for informing the Chief Commissioner of his or her reasonable belief" substitute "the health professional may so advise the Chief Commissioner, and is not subject to any civil or criminal liability for doing so, if the advice is given in good faith".

(2) In section 183(2) of the Firearms Act 1996—

(a) after "approved club" insert "or approved handgun target shooting club";
(b) for "reasonably believes" substitute
"believes";
(c) for "the officer is not subject to any civil or criminal liability for informing the Chief Commissioner of his or her reasonable belief" substitute "the officer may so advise the Chief Commissioner, and is not subject to any civil or criminal liability for doing so, if the advice is given in good faith".

(3) At the end of section 183 of the Firearms Act 1996 insert—
'(3) A nominated officer of an approved handgun target shooting club or an approved firearms collectors club, as the case requires, is not
subject to any civil or criminal liability for
giving advice to the Chief Commissioner, in
good faith, under section 123E or 123K.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 68
(4) In this section "health professional" means any one of the following—
(a) a registered medical practitioner;
(b) a registered psychologist;
(c) a registered nurse;
(d) a prescribed class of social worker;

(e)

a prescribed class of professional counsellor.'.

68. Interstate handgun licence holders
In section 187(2) of the Firearms Act 1996—

(a)

in paragraph (a), for "a handgun licence" substitute "a handgun licence for general category handguns";

(b)

in paragraph (c), for "a handgun licence" substitute "a handgun licence for general category handguns".

69. Indictable offences
In section 189A of the Firearms Act 1996—
(a) after "5(1)" insert ", (1A)";

(b)

for "6(5)" substitute "6(3), (4), (5) and (6), 6A(1), (2) and (3), 7(1), (2), (3), (4), (5) and (6), 7A(1) and (6), 7B(1) and (2), 7C";

(c)

for "95(3)," substitute "95(2), (2A), (3) and (4)";

(d)

for "96(3)," substitute "96(2), (2A), (3) and (4)";

(e)

after "100(3)," insert "101A(1), 101B(2) and (3),";

(f)

for "102(3)," substitute" 102(2A), (3) and (3A),";

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 70

Part 2—Amendments to the Firearms Act 1996

(g)

for "127(3)," substitute "127(2A) and (3), 127A(1),";
(h) after "134(1), (2) and (3)," insert "134C,";
(i) for "and 138" substitute ", 138 and 140A(2)".

70. Supreme Court—Limitation of jurisdiction
At the end of section 190 of the Firearms Act
1996 insert—
"(2) It is the intention of section 183, as amended by section 67 of the Firearms (Trafficking and Handgun Control) Act 2003, to alter or
vary section 85 of the Constitution Act
1975.".

71. Regulation making powers
In section 191(1) of the Firearms Act 1996, after paragraph (c) insert—
"(ca) classes of firearms that fall within the definition of category E handguns;".

72. Insertion of new sections 200A to 200D
After section 200 of the Firearms Act 1996 insert—

"200A. Transitional provision—Firearms

(Trafficking and Handgun Control) Act
2003—dealers licences
Despite the commencement of section 36 of the Firearms (Trafficking and Handgun Control) Act 2003, section 75A does not apply to a person who was, immediately before that commencement the holder of a dealers licence, until that person is required under this Act to renew that licence.

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 72
200B. Transitional provision—Firearms
(Trafficking and Handgun Control) Act
2003—handgun licences
On and from the commencement of section 9 of the Firearms (Trafficking and Handgun Control) Act 2003, a licence issued under
section 15, as in force before the
commencement of section 9 of that Act,
is deemed to be a licence issued under
section 15, as in force on and from the
commencement of section 9 of that Act.

200C. Transitional provision—Firearms

(Trafficking and Handgun Control) Act
2003—applications for handgun licences
In the case of an application for a handgun
licence in force immediately before the
commencement of section 9 of the Firearms
(Trafficking and Handgun Control) Act
2003—

(a)

subject to paragraph (b), section 15, as in force on and from that commencement, is deemed to apply to that application;

(b)

section 15(2)(b)(ii), as in force on and from that commencement, is deemed not to apply to that application.

200D. Transitional provision—Firearms

(Trafficking and Handgun Control) Act
2003—firearms collectors licences
On and from the commencement of
section 16 of the Firearms (Trafficking and
Handgun Control) Act 2003, a licence, in
force immediately before the commencement
of that section, issued under section 21, as in
force before the commencement of
section 16 of that Act, is deemed to be a

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 73

Part 2—Amendments to the Firearms Act 1996

licence issued under section 21, as in force
on and from the commencement of
section 16 of that Act.".

73. Special conditions for handgun licences
(1) In clause 3 of Schedule 2 to the Firearms Act
1996—

(a)

Insert the following heading to the clause— "Handgun licences for general category handguns";

(b)

in sub-clause (1), for "a handgun" substitute "a general category handgun";

(c)

in sub-clause (2)(a), after "handgun licence" insert "for general category handguns".

(2) In clause 4 of Schedule 2 to the Firearms Act
1996—

(a)

in sub-clause (1)(c), for "a handgun" (where first occurring) substitute "a general category handgun";

(b)

in sub-clause (2), for "a handgun" substitute "a general category handgun".

(3) In clause 5 of Schedule 2 to the Firearms Act
1996—

(a)

in sub-clause (9), after "Any" insert "handgun or";

(b)

in sub-clause (10), after "Any" insert "handgun or".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 74
74. Persons exempt from the requirement to hold a handgun licence for general category handguns
In Schedule 3 to the Firearms Act 1996—

(a)

after item 3 insert— "

3A. Any person When possessing or
acting under a carrying a firearm
contract with the for his or her official
Chief duties when so
Commissioner. authorised by the
Chief
Commissioner.
3B. Any holder of a When carrying a
general category general category
handgun licence. handgun for the
purposes of
conducting a
firearms safety
training course.

".

(b)
"A person who is of or over the age of
for Column 1 of item 4 substitute— the use of a general category handgun—

(a)

by or under the immediate supervision of the holder of a general category handgun licence; and

(b)

for the purposes of obtaining a general category handgun licence for the reason set out in section 15(1)(a) or (c)—
and who has not received any such
instruction on more than two previous
occasions.";

(c)

in Column 2 of item 4, for "a hand gun" substitute "a general category handgun";

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 75

Part 2—Amendments to the Firearms Act 1996

(d)

for Column 1 of item 5A substitute— "A person who is of or over the age of 12 years and under the age of 18 years—

(a) who is receiving instruction in the use of a general category handgun by or under the immediate supervision of a person—
(i) who is the holder of a general category handgun licence; and
(ii) who has written consent to give the instruction from a parent or guardian of the person who is
receiving the instruction; and

(b)

who has not received any such instruction on more than two previous occasions; and

(c)

who has the written consent of his or her parent or guardian to receive the instruction.".

(e)

in Column 2 of item 5A, for "a handgun" substitute "a general category handgun";

(f)

in Column 1 of item 12, for "a handgun" substitute "a general category handgun".

75. Storage requirements for general category handguns
(1) Insert the following heading to clause 2 of

Schedule 4 to the Firearms Act 1996—
"Longarm licences for category C or category D
longarms and handgun licences for general
category handguns".

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 2—Amendments to the Firearms Act 1996 s. 75
(2) After clause 2(2) of Schedule 4 of the Firearms Act 1996 insert—
"(2A) The key to the container in which the firearm
is stored must—

(a)

be carried by the holder of the licence; or

(b)

be kept securely in a separate room from the container—
when the container is not being accessed.".

(3) For clause 3(2) of Schedule 4 to the Firearms Act 1996 substitute—
"(2) If more than 5 firearms are stored on the premises where the firearm is stored, the premises must be fitted with a monitored alarm system of a class approved by the Chief Commissioner.".
(4) After clause 3(2) of Schedule 4 to the Firearms Act 1996 insert—
"(2A) The key to the container in which the firearm
is stored must—

(a)

be carried by the holder of the licence; or

(b)

be kept securely in a separate room from the container—
when the container is not being accessed.".

__________________
Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

s. 76

Part 3—Amendments to the Magistrates' Court Act 1989

PART 3—AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989

76. Amendments to Schedule 4 to the Magistrates' Court Act 1989

See:

Act No.	In Schedule 4 to the Magistrates' Court Act
51/1989.	1989—
Reprint No. 8
as at	(a) in item 49B for "section 6(5)" substitute
24 April 2002
and	"section 6(3), (4), (5) and (6)";
amending

(b) after item 49B insert—

Act Nos

2/2001, 2/2002,

"49BA. Offence to possess, carry or use an

23/2002,

26/2002,	unregistered longarm
27/2002,
35/2002,	Offences under section 6A(1), (2) and (3) of the
37/2002 and	Firearms Act 1996.
47/2002.
LawToday:	49BB. Offence for non-prohibited person to possess,
carry or use a handgun without a licence
dpc.vic.
gov.au	Offences under section 7(1), (2), (3), (4), (5) and (6) of the Firearms Act 1996.

49BC. Offence for holder of general category

handgun licence to possess, carry or use
certain types of handguns under the licence

Offences under section 7A(1) and (6) of the
Firearms Act 1996.
49BD. Offence to possess, carry or use an unregistered general category handgun
Offences under section 7B(1) of the Firearms
Act 1996.".

(c)

in item 49J for "section 95(3)" substitute "section 95(2), (2A), (3) and (4)";

(d)

in item 49K for "section 96(3)" substitute "section 96(2), (2A), (3) and (4)";

Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Part 3—Amendments to the Magistrates' Court Act 1989 s. 76
(e) after item 49M insert—
"49MA. Offence to finance the illegal acquisition or
disposal of firearms
Offences under section 101B(2) and (3) of the
Firearms Act 1996.";

(f)

in item 49N for "section 102(3)" substitute "section 102(2A), (3) and (3A)";

(g)

in item 49U for "section 127(3)" substitute "section 127(2A) and (3)";
(h) after item 49U insert—
"49UA. Offence to use firearm held under a firearms
collectors licence
Offences under section 127A(1) of the
Firearms Act 1996.";

(i) after item 49W insert—
"49WA. Offence to possess a firearm that has been
altered in a particular way
Offences under section 134C of the Firearms
Act 1996.";

(j) after item 49ZA insert—

"49ZB. Offence to make false or misleading statement or to use false or misleading information
Offences under section 140A(2) of the
Firearms Act 1996.".

═══════════════
Firearms (Trafficking and Handgun Control) Act 2003

Act No. 28/2003

Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 27 February 2003
Legislative Council: 30 April 2003
The long title for the Bill for this Act was "to amend the Firearms Act
1996, the Magistrates' Court Act 1989 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 27 February 2003
Legislative Council: 30 April 2003
Absolute majorities:
Legislative Assembly: 20 March 2003
Legislative Council: 2 May 2003

Actions

Download as PDF Download as Word Document

Citations

Firearms (Trafficking and Handgun Control) Act 2003 (Vic)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

3.	Definitions	4
4.	Increase in penalty for possession, carriage or use of firearm by
prohibited person	9
5.	Possession, carriage or use of longarms	10
6.	Insertion of new section 6A	11

9.	Issue of general category handgun licences	18
10.	Further conditions applying to general category handgun
licences	19
11.	Insertion of new sections 16A and 16B	21

16A.	Issue of handgun licences for category E handguns	21
16B.	Conditions applying to handgun licences for category E
handguns	22

12.	Discretion of Chief Commissioner to refuse a handgun licence	22
13.	Junior licences	23
14.	Further conditions applying to junior licences	24
15.	Alteration of reference to handguns in section 20	25

16.	Category 1 firearms collectors licences	26
17.	Insertion of new section 21A	27

18.	Conditions on firearms collectors licences	28
19.	Category of handgun that may be removed from collectors
register	28
20.	Limitation on review of decision of Chief Commissioner not to
issue licence	29
21.	Requirement to comply with licence conditions for general
category and category E handgun licences	29
22.	Disposal of general category and category E handguns where
licence not renewed	29
23.	Power of Chief Commissioner to cancel a general category
handgun licence for failure to comply with certain conditions	30
24.	Limitation of power to apply to Committee for review of licence
cancellation for general category handgun licences	31
25.	Notice of decision to cancel general category handgun licence	31
26.	Insertion of new sections 52A and 52B	32

37.	Power to cancel dealers licence	42
38.	Acquisition of handguns by dealers	42
39.	Disposal of handguns by dealers	43
40.	Penalties for unauthorised acquisition of firearms	43
41.	Penalties for unauthorised disposal of firearms	44
42.	Acquisition of handguns from outside the State	45
43.	Disposal of handguns to a place outside the State	45
44.	Insertion of new sections 101A and 101B	46

45.	Acquisition of handguns without a permit	48
46.	Discretion of Chief Commissioner to refuse to issue permit to
acquire for handguns	49
47.	Insertion of new sections 119A and 119B	51

48.	Production of firearm for inspection	52
49.	Storage of handguns	52
50.	Insertion of new section 121A	53

51.	Storage of firearms under collectors licences	55
52.	Storage of handguns under a dealers licence	55
53.	Insertion of new Part 6A	55
PART 6A—APPROVED CLUBS	55
Division 1—Approved Handgun Target Shooting Clubs	55

123M.	Application for an approval under this Part	66
123N.	Requirement to nominate officers	66
123O.	Review of decision to refuse an approval under this Part	67
123P.	Conditions for an approval under this Part	67
123Q.	Review of decision to vary the conditions of an approval
under this Part	67
123R.	Duration of an approval under this Part	68
123S.	Renewal of an approval under this Part	68
123T.	Power of the Chief Commissioner to renew an approval
under this Part	68
123U.	Review of a decision not to renew an approval under this Part 69
123V.	Power of Chief Commissioner to cancel an approval
under this Part	69
123W.	Review of decision to cancel an approval under this Part	70

54.	Insertion of new section 124AA	70
124AA. Conspiring to commit and aiding the commission of an

55.	Possession of cartridge ammunition	71
56.	Safekeeping of handguns while being carried or used	71
57.	Access to and carriage or use of handgun by person other than
possessor	71
58.	Insertion of new section 127A	72

61.	Offence to own firearm without a licence to possess	73
62.	False or misleading information	74
63.	Restrictions on delegation powers of the Chief Commissioner	74
64.	Insertion of new section 176A	75

65.	Disclosure of information	75
66.	Insertion of new section 181A	76

67.	Immunity from liability	77
68.	Interstate handgun licence holders	78
69.	Indictable offences	78
70.	Supreme Court—Limitation of jurisdiction	79
71.	Regulation making powers	79
72.	Insertion of new sections 200A to 200D	79

73.	Special conditions for handgun licences	81
74.	Persons exempt from the requirement to hold a handgun licence
for general category handguns	82
75.	Storage requirements for general category handguns	83

(b)	to make other minor amendments to the Firearms Act 1996;
(c)	to make consequential amendments to the Magistrates' Court Act 1989.

(a) for the definition of "acquire" substitute—	Reprint No. 2 as at
' "acquire", in relation to any thing, includes buying or coming into	8 April 1999
and
amending

possession of the thing (whether the	Act Nos
thing is in Victoria or elsewhere) but	30/1999,
41/2000,
does not include borrowing the thing;';	44/2001 and 72/2001.

(b) for the definition of "dispose of"	LawToday:
substitute—	dpc.vic.
' "dispose of", in relation to any thing,	gov.au

(a)	for handguns that are of a calibre of ·38 inch or less, a handgun target shooting match that is of a class that is prescribed for handguns of any such calibre; or
(b)	for handguns that are of a calibre that is more than ·38 inch but not more than ·45 inch, a handgun
target shooting match that is of a class that is prescribed for handguns of any such calibre; or
(c)	for handguns that are of a calibre of more than ·45 inch, a black powder handgun target shooting match that is of a class that is prescribed for handguns of any such calibre;

(b)	any person holding a position equivalent to that of the Chief Commissioner in the
Commonwealth or in any other State or Territory of the Commonwealth or in any other country;

(d)	in the definition of "approved club" omit "or section 15(3)";
(e)	in paragraph (a) of the definition of "category E longarm", after "machine gun" insert "that is a longarm";
(f)	paragraph (g) of the definition of "firearm" is repealed;
(g)	in the definition of "handgun licence", after "section 15" insert "or section 16A";
(h)	in the definition of "firearms collectors licence", after "under section 21" insert "or section 21A";

(a)	for "unless the longarm is registered and" substitute "that is registered unless";
(b)	for "60 penalty units or 12 months imprisonment" substitute "120 penalty units or 2 years imprisonment".

(a)	for "unless the longarm is registered and" substitute "that is registered unless";
(b)	for "120 penalty units or 2 years imprisonment" substitute "240 penalty units or 4 years imprisonment".

(a)	for "unless the longarm is registered and" substitute "that is registered unless";
(b)	for "240 penalty units or 4 years imprisonment" substitute "600 penalty units or 7 years imprisonment".

Penalty:	For a first offence, 120 penalty units or 2 years imprisonment. For a second or subsequent
offence, 1200 penalty units or 10 years imprisonment.

Penalty:	For a first offence, 240 penalty units or 4 years imprisonment. For a second or subsequent
offence, 1200 penalty units or 10 years imprisonment.

registered. Penalty:	For a first offence, 600 penalty units or 7 years imprisonment. For a second or subsequent
offence, 1200 penalty units or 10 years imprisonment.".