Untitled document

Firearms (Amendment) Act 1998

Act No. 22/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Amendment of section 3—definitions	2
5.	Amendment of section 10—reasons for applying for longarm
licence, category A or B	4
6.	Amendment of section 11—reasons for applying for a longarm
licence, category C	5
7.	Amendment of section 12—reasons for applying for a longarm
licence, category D	6
8.	Amendment of section 13—reasons for applying for a longarm
licence, category E	6
9.	Amendment of section 15—issue of handgun licences	7
10.	Amendment of section 17—discretion of Chief Commissioner to
refuse to issue longarm or handgun licence	8
11.	Amendment of section 18—junior licences	8
12.	Amendment of section 20—discretion of Chief Commissioner to
refuse a junior licence	8
13.	Amendment of section 23—discretion of Chief Commissioner to
refuse a firearms collectors licence	8
14.	Amendment of section 27—discretion of Chief Commissioner to
refuse firearms heirlooms licence	9
15.	Amendment of section 29—discretion of Chief Commissioner to
refuse firearms ammunition collectors licence	9
16.	Amendment of section 42—discretion of Chief Commissioner to
refuse to renew licence etc.	9
17.	Amendment of section 53—Surrender of firearms	9
18.	Amendment of section 61—discretion of Chief Commissioner to
refuse dealers licence	10
19.	Amendment of section 63—application for dealers licence	10
20.	Amendment of section 72—renewal of dealers licence	10
21.	Amendment of section 73—discretion of Chief Commissioner to
refuse dealers licence	10

i

Section Page

22.	Insertion of new Division 6 in Part 3	11
Division 6—Permits	11

92A. Permits for theatrical armourers 11

23.	Amendment of section 93—dealers' acquisition of firearms	13
24.	Amendment of section 104—power to refuse permit to acquire	14
25.	Substitution of section 107	14

107. Waiting period for issue of permit 14

26.	Amendment of section 115—notice of bringing into the State	14
27.	Amendment of section 118—notice of dealer's transactions	15
28.	Amendment of section 121—Storage of ammunition for
longarms and handguns	15
29.	Amendment of section 122—storage by firearms collectors	16
30.	Amendment of section 123—storage of ammunition under
dealers licences	17
31.	Insertion of new section to follow section 129	17

129A.	Offence for unlicensed person to store in an insecure
manner 18

32.	Amendment of section 130—town or populous place	18
33.	Amendment of section 137—alteration of documents	18
34.	Insertion of new section to follow section 140	19

140A. False or misleading statements in applications 19

35.	Amendment of section 141—statements as evidence	19
36.	Amendment of section 179—approval of Chief Commissioner	19
37.	Amendment of section 185—temporary visitors	20
38.	Amendment of section 187—permanent residents, recognition of
licences	21
39.	Amendment of section 189—persons who have committed
offences under the Firearms Act 1996 etc. may apply to Court to
be deemed not to be prohibited persons	21
40.	Amendment of Schedule 2—special conditions for licences	22
41.	Amendment of Schedule 3—exemption from requirement to hold
licence	25
42.	Amendment of Schedule 4—storage requirements	27

3A. Firearms collectors licences—section 122(1A) 27

43. Further amendments to the Firearms Act 1996 28

__________________

SCHEDULE—Further amendments to the Firearms Act 1996 29

═══════════════

NOTES 31

ii

Victoria

No. 22 of 1998

Firearms (Amendment) Act 1998†

[Assented to 5 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Firearms

Act 1996.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 3

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 February 1999, it

comes into operation on that day.

3. Principal Act No 66/1996. Reprint No 1

In this Act the Firearms Act 1996 is called the	as at 2 December
Principal Act.	1997.

4. Amendment of section 3—definitions

In section 3(1) of the Principal Act—

(a)	in the definition of "acquire" omit ", offer to buy";
(b)

in the definition of "category B longarm", "(d) a black powder, ball firing cannon;";

(c) in the definition of "category E longarm"—

(i) in paragraph (d) omit "cannon,";

(ii)after paragraph (d) insert— "(da) a cannon which is not a black

powder ball firing cannon;";

(d)

in the definition of "firearm", for paragraph "(g) a device which was manufactured

before 1900 and which is either of the
following—

(i)  a device which does not take cartridge ammunition;

(ii) ammunition but for which

a device which does take cartridge commercially available; or";

(e) the definition of "fixed ammunition" is repealed;

Firearms (Amendment) Act 1998

s. 4 Act No. 22/1998

(f) in paragraph (d) of the definition of "prohibited person"—

(i)  for "in relation to a person" substitute "a person, in relation to whom";

(ii)  after "a court" insert ",whether in Victoria or in another State or a Territory,";

(iii) substitute—
"—

after sub-paragraph (iii) for "; or" operation of any other paragraph of this definition, a prohibited person; or"

(g) insert the following definitions— ' "cartridge ammunition" means

ammunition having a bullet or other
projectile and a priming device fixed to
or enclosed in a cartridge case which is
composed wholly or partly of material

other than paper;

"inter-State licence" means a licence

(however described) to possess, carry or use a firearm issued in a prescribed State or a prescribed Territory which
corresponds with a licence issued under
Part 2;

"pest animal" has the same meaning as in the Catchment and Land Protection Act 1994;'.

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 5

5.  Amendment of section 10—reasons for applying for longarm licence, category A or B

(1) In section 10(1)(e) of the Principal Act, for

"official or commercial" substitute "official,

commercial or prescribed".

(2) In section 10(2) of the Principal Act—

(a) in paragraph (a)(ii)(A)—

(i) omit "at an approved range";

(ii)  after "C or D longarms" insert "only at a place which is authorised by or under this Act as a place at which sport or

target shooting using category A or B
longarms may take place";

(b) after sub-paragraph (b)(iv) insert—

"; or

(v) animals on Crown land, from the
Secretary to the Department of Natural
Resources and Environment or from

produce written permission to hunt pest to give that permission;";

(c) for paragraph (e) substitute— "(e) for a purpose specified in sub-section

(1)(e), the applicant must produce
evidence that the licence is required for

that purpose.".

(3) After section 10(3) of the Principal Act insert—
"(4) A non-prohibited person who has made an

application to the Chief Commissioner for an approval under sub-section (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the

approval or for a review of a failure of the

Firearms (Amendment) Act 1998

s. 6 Act No. 22/1998

Chief Commissioner to make the decision within a reasonable time.

(5) The Chief Commissioner may—

(a)	impose conditions on any approval under sub-section (3); and
(b)	after notifying the holder of the approval, alter any such condition.".

6.  Amendment of section 11—reasons for applying for a longarm licence, category C

(1) In section 11(1)(a)(iv) of the Principal Act, for

"official or commercial" substitute "official,

commercial or prescribed".

(2) In section 11(2) of the Principal Act—

(a)

in paragraph (c), for sub-paragraph (ii) "(ii) engage in clay target shooting only at a

place which is authorised by or under this Act as a place at which clay target shooting may take place; and";

(b) Clay Target Association" insert "or the
Victorian Field and Game Association

in paragraph (c)(iii)(B), after "Australian Federation of Australia Incorporated";

(c) for paragraph (d) substitute— "(d) for a purpose specified in sub-section

(1)(a)(iv), the applicant must produce
evidence that the licence is required for
that purpose;".

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 7

(3) After section 11(3) of the Principal Act insert—
"(4) A non-prohibited person who has made an

application to the Chief Commissioner for an approval under sub-section (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the

approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time.

(5) The Chief Commissioner may—

(a)	impose conditions on any approval under sub-section (3); and
(b)	after notifying the holder of the approval, alter any such condition.".

7.  Amendment of section 12—reasons for applying for a longarm licence, category D

In section 12 of the Principal Act—

(a)

in sub-section (1)(a)(ii), for "official or commercial or prescribed";

(b)

in sub-section (2), for paragraph (b) "(b) for a purpose specified in sub-section

(1)(a)(ii), the applicant must produce
evidence that the licence is required for
that purpose.".

8.  Amendment of section 13—reasons for applying for a longarm licence, category E

(1) In section 13(1)(a) of the Principal Act, for

"official or commercial" substitute "official,
commercial or prescribed".

Firearms (Amendment) Act 1998

s. 9 Act No. 22/1998

(2) In section 13 of the Principal Act, for sub-section

(2) substitute—
"(2) For the purposes of demonstrating that the

licence is required for a purpose specified in
sub-section (1)(a), the applicant must
produce evidence that the licence is required

for that purpose.".

9. Amendment of section 15—issue of handgun licences

(1) In section 15 of the Principal Act—

(a)

in sub-section (1)(c), for "official or commercial or prescribed";

(b)

in sub-section (2), for paragraph (c) "(c) for a purpose specified in sub-section

(1)(c), the applicant must produce
evidence that the licence is required for

that purpose.".

(2) After section 15(3) of the Principal Act insert—
"(4) A non-prohibited person who has made an

application to the Chief Commissioner for an approval under sub-section (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the

approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time.

(5) The Chief Commissioner may—

(a)	impose conditions on any approval under sub-section (3); and
(b)	after notifying the holder of the approval, alter any such condition.".

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 10

10.  Amendment of section 17—discretion of Chief Commissioner to refuse to issue longarm or handgun licence

In section 17(1) of the Principal Act—

(a) omit "(1)";

(b) in paragraph (c)(v) for "is in the public interest" substitute "is not against the public interest".

11. Amendment of section 18—junior licences

(1) In section 18(1) of the Principal Act, for "category A, B or C longarms" substitute "category A or B longarms, category C longarms (being shotguns)".

(2) In section 18(1) of the Principal Act, for "in

competition shooting" substitute "in sport or

target shooting competitions".

(3) In section 18(3) of the Principal Act, for

paragraph (b) substitute—
"(b) engage in clay target shooting only at a place

which is authorised by or under this Act as a place at which clay target shooting may take place; and".

12.  Amendment of section 20—discretion of Chief Commissioner to refuse a junior licence

In section 20(b)(iv) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

13.  Amendment of section 23—discretion of Chief Commissioner to refuse a firearms collectors licence

In section 23(1) of the Principal Act—

(a) omit "(1)";

Firearms (Amendment) Act 1998

s. 14 Act No. 22/1998

(b) in paragraph (c)(iv) for "is in the public interest" substitute "is not against the public interest".

14.  Amendment of section 27—discretion of Chief Commissioner to refuse firearms heirlooms licence

In section 27(b)(iv) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

15.  Amendment of section 29—discretion of Chief Commissioner to refuse firearms ammunition collectors licence

In section 29(c)(iv) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

16.  Amendment of section 42—discretion of Chief Commissioner to refuse to renew licence etc.

In section 42(2)(c)(iii) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

17. Amendment of section 53—Surrender of firearms

(1) After section 53(4)(b)(ii) of the Principal Act

insert—

"(iii) if an application for a declaration has been

made under section 189(1A) within 56 days
of the making of the decision, within 28 days
of the making of a decision not to make that

declaration; or".

(2) After section 53(5) of the Principal Act insert—

"(6) If a person makes an application for a

declaration under section 189(1A) within 56 days of the commencement of section 39 of the Firearms (Amendment) Act 1998, for the purposes of sub-section (4)(b)(iii), that person is deemed to have made that

Firearms (Amendment) Act 1998

s. 18
s. 21

Act No. 22/1998

application within 56 days of the making of
the decision.".

18.  Amendment of section 61—discretion of Chief Commissioner to refuse dealers licence

In section 61(c)(iii) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

19.  Amendment of section 63—application for dealers licence

After section 63(3) of the Principal Act insert—

'(4) Sub-section (3) does not apply to a person

who applies for a licence and who is in
partnership with another person who has
paid the fee prescribed for a licence to carry
on the business which is carried on by the
partnership.

(5) In sub-section (4) "partnership" has the

same meaning as in section 5 of the
Partnership Act 1958.'.

20. Amendment of section 72—renewal of dealers licence

After section 72(5) of the Principal Act insert—
'(5A) Sub-section (5) does not apply to a person

who applies for a renewal and who is in partnership with another person who has paid the fee prescribed for the renewal of a

licence to carry on the business which is
carried on by the partnership.

(5B) In sub-section (5A) "partnership" has the

same meaning as in section 5 of the
Partnership Act 1958.'.

21.  Amendment of section 73—discretion of Chief Commissioner to refuse dealers licence

Firearms (Amendment) Act 1998
Act No. 22/1998

In section 73(b)(iii) of the Principal Act, for "is in the public interest" substitute "is not against the public interest".

22. Insertion of new Division 6 in Part 3

After Division 5 of Part 3 of the Principal Act insert—

"Division 6—Permits

92A. Permits for theatrical armourers

(1) If a licensed firearms dealer hires or lends

or use outside the licensed premises in the
production of any film, in any television or
theatrical production or in an historical re-
enactment, the holder of the licence does not
commit an offence against Division 1 of this

firearms kept under the licence for carriage permit from the Chief Commissioner to do so.

(2) The Chief Commissioner may grant a permit

under sub-section (1), if the Chief Commissioner is satisfied that the arrangements made for the supervision and
safe handling of the firearms while being
carried or used outside the licensed premises

are adequate.

(3) A permit authorises the storage, carriage and

use of the firearms outside the licensed premises, for the period specified in the permit.

(4) A permit is subject to the following conditions—

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 22

(a) at any time when the firearm is being carried or used by a person who is not the licensed firearms dealer or an

employee of the dealer—

(i)

that person must be directly employee of the dealer; or

(ii) handgun or a firearm which has
been rendered permanently
inoperable, the Chief

in the case of an imitation before the carriage or use of the firearm, that the firearm is to be carried or used without the direct supervision of the dealer or an employee of the dealer;

(b)	any firearm being carried or used under the permit must be carried or used without ammunition or with only blank or dummy ammunition;
(c)	a person who is not the licensed firearms dealer or an employee of the dealer must not carry or use any firearm unless that person is, at the time, taking part in the production or re-enactment.

(5) The Chief Commissioner may impose any other conditions on a permit that he or she thinks fit.

(6) An application for a permit must be made in the manner and form approved by the Chief Commissioner.

(7) The applicant must pay the fee prescribed for

a permit.

Firearms (Amendment) Act 1998

s. 23 Act No. 22/1998

(8) The holder of a permit under this section must comply with the permit.

Penalty:  60 penalty units or 12 months
imprisonment.".

23.  Amendment of section 93—dealers' acquisition of firearms

After section 93(4)(e) of the Principal Act
insert—

"(f) in the case of a category A or B longarm, a

person who is the holder of an inter-State
licence which authorises the possession,
carriage or use of the longarm being
disposed of and who is also the holder of an
inter-State permit to acquire a category A or
B longarm where—

(i)  the permit to acquire has been issued not more than 28 days before the disposal of the firearm; and

(ii)  in order to dispose of the firearm, the person personally attends at the premises where the dealer to whom the firearm is being disposed of carries on business;

(g) in the case of a category C longarm or a handgun, a person who is the holder of an inter-State licence which authorises the possession, carriage or use of the longarm or handgun being disposed of and who is also the holder of an inter-State permit to acquire a category C longarm or a handgun where—

(i)  the permit to acquire has been issued not more than 28 days before the disposal of the firearm; and

(ii)  in order to dispose of the firearm, the person personally attends at the

Firearms (Amendment) Act 1998

s. 24
s. 26

Act No. 22/1998

premises where the dealer to whom the firearm is being disposed of carries on business.".

24.  Amendment of section 104—power to refuse permit to acquire

In section 104(1) of the Principal Act—

(a)	in paragraph (b)(iii), for "is in the public interest" substitute "is not against the public interest";
(b)	in paragraph (d)(iii)(B), after "for a semi- automatic shotgun or a pump action shotgun" insert "and the applicant holds the relevant licence for a reason set out in section 11(1)(a)(i), (ii) or (iv),".

25. Substitution of section 107

For section 107 of the Principal Act substitute—

"107. Waiting period for issue of permit

(1) In the case of an application for a permit to

acquire which has been made by a person who does not possess a registered firearm under a licence under this Act, the Chief

Commissioner must not issue the permit until 28 days have expired after the making of the application for the permit.

(2) In any other case the Chief Commissioner

must not issue the permit until sufficient
time has expired to allow the Chief
Commissioner to consider the application
properly.".

26.  Amendment of section 115—notice of bringing into the State

Firearms (Amendment) Act 1998

Act No. 22/1998

After section 115(2) of the Principal Act insert—

"(3) This section does not apply a person who

brings a firearm into the State for the
purpose of disposing of that firearm in the

State where that person is—

(a)

the holder of an inter-State licence carriage or use of that firearm; and

(b) the holder of an inter-State permit to acquire a firearm, being a permit in respect of which not more than 28 days have expired since its issue.".

27.  Amendment of section 118—notice of dealer's transactions

In section 118 of the Principal Act, for "7" substitute "28".

28.  Amendment of section 121—Storage of ammunition for longarms and handguns

(1) After section 121(1) of the Principal Act insert—

"(1A) A person who possesses cartridge

ammunition under a longarm licence for a
category A or B longarm must store that
cartridge ammunition, when the cartridge

ammunition is not being carried or used—

(a)	in the manner provided for in item 1 of Schedule 4; or
(b)	in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.
Penalty:	60 penalty units or 12 months imprisonment.".

(2) After section 121(2) of the Principal Act insert—

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 29

"(2A) A person who possesses cartridge

ammunition under a handgun licence or a
longarm licence for a category C or D
longarm must store that cartridge
ammunition, when the cartridge ammunition

is not being carried or used—

(a)	in the manner provided for in item 2 of Schedule 4; or
(b)	in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.
Penalty:	120 penalty units or 2 years imprisonment.".

(3) After section 121(3) of the Principal Act insert—

"(3A) A person who possesses cartridge

ammunition under a longarm licence for a
category E longarm must store that cartridge
ammunition, when the cartridge ammunition
is not being carried or used in the manner
provided for by the Chief Commissioner in

the licence.

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

29.  Amendment of section 122—storage by firearms collectors

(1) In section 122(1) of the Principal Act, after "A

person" insert "(who is not a person to whom sub-

section (1A) applies)".

(2) After section 122(1) of the Principal Act insert—

"(1A) If—

Firearms (Amendment) Act 1998

s. 30

s. 31 Act No. 22/1998

(a)	a person possesses not more than 15 category A or B longarms under a firearms collectors licence; and
(b)	that person does not possess any other firearms under that licence; and
(c)	the longarms are stored on a premises where no other firearms are stored—

the person must store each firearm held
under that licence, when the firearm is not

being carried—

(d)	in the manner provided for in item 3A of Schedule 4; or
(e)	in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item.
Penalty:	120 penalty units or 2 years imprisonment.".

30.  Amendment of section 123—storage of ammunition under dealers licences

After section 123(3) of the Principal Act insert— "(4) A person who possesses ammunition under a

dealers licence must store that ammunition in

the manner fixed in the licence.

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

31. Insertion of new section to follow section 129

After section 129 of the Principal Act insert—

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 33

"129A. Offence for unlicensed person to store in an

insecure manner

A person who possesses a firearm and who does not have a licence under this Act authorising the possession of that firearm must not store that firearm or any cartridge ammunition in his or her possession in an insecure manner.

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

32. Amendment of section 130—town or populous place

After section 130(2) of the Principal Act insert—

"(3) Sub-section (1) does not apply to a person

who carries or uses a firearm with the written
permission of the Chief Commissioner.

(4) The Chief Commissioner must not give

permission under sub-section (3) unless the
Chief Commissioner is satisfied that—

(a)	the carriage or use of the firearm is consistent with the reason for which the licence was issued; or
(b)	there is a significant public benefit to be obtained from the carriage or use of the firearm; or
(c)	the carriage or use of the firearm is for the purposes of public safety.

(5) The Chief Commissioner may impose

conditions on a permit under sub-section (3).

(6) A permit under sub-section (3) continues in

force for the period specified in the permit.".
33. Amendment of section 137—alteration of documents

At the end of section 137 of the Principal Act insert—

Firearms (Amendment) Act 1998

Act No. 22/1998

"(2) Sub-section (1) does not apply to the Chief

Commissioner or any person acting on behalf of the Chief Commissioner.".

34. Insertion of new section to follow section 140

After section 140 of the Principal Act insert—

"140A. False or misleading statements in

applications

A person must not knowingly make a
statement in an application under this Act
which is false or misleading in any material

particular.

Penalty:  60 penalty units or 12 months
imprisonment.".

35. Amendment of section 141—statements as evidence

In section 141 of the Principal Act, after "the Chief Commissioner" insert "or a person employed in the office of the Chief Commissioner in the administration of this Act".

36.  Amendment of section 179—approval of Chief Commissioner

In section 179 of the Principal Act, for sub-section
(2) substitute—
"(2) A non-prohibited person who has made an

application to the Chief Commissioner for an approval under sub-section (1) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the

approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time.

(3) The Chief Commissioner may—

(a) impose conditions on any approval under sub-section (1); and

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 37

(b) may, after notifying the holder of the approval, alter any such condition.".

37. Amendment of section 185—temporary visitors

After section 185(2) of the Principal Act insert—

"(2A) A person who—

(a)	is the holder of a licence in another State or a Territory which authorises the possession, carriage or use of a category A or B longarm for the purposes of primary production; and
(b)	ordinarily resides in the other State or Territory—

is deemed to be the holder of a
corresponding licence under this Act for the
purposes of possessing, carrying or using the
firearms possessed under the licence on land

used for primary production if—

(c)	the person has first obtained the permission of the owner or occupier of the land to possess, carry or use the firearm on the land; and
(d)	the person is acting in the manner authorised by the licence and in accordance with any conditions of the licence.

(2B) A person who—

(a)	is the holder of a licence in another State or a Territory which authorises the possession, carriage or use of a category C longarm for the purposes of primary production; and
(b)	ordinarily resides in the other State or Territory—

Firearms (Amendment) Act 1998

s. 38 Act No. 22/1998

is deemed to be the holder of a
corresponding licence under this Act for the
purposes of the suppression of pest animals
on land on which primary production is
carried out if that activity is conducted in
accordance with the regulations.".

38.  Amendment of section 187—permanent residents, recognition of licences

In section 187(2) of the Principal Act—

(a)	in paragraph (d), for "possess or carry" substitute "possess, carry or use";
(b)	"—

at the end of paragraph (d) insert— period of 7 days, applies to the Chief Commissioner for a licence under Part 2 to possess, carry or use any such firearm, is authorised to possess any such firearm until the outcome of the application is determined.".

39.  Amendment of section 189—persons who have committed offences under the Firearms Act 1996 etc. may apply to Court to be deemed not to be prohibited persons

(1) After section 189(1) of the Principal Act insert—

"(1A) A person to whom paragraph (d) of the

definition of prohibited person applies may apply to the Court for a declaration that the person—

(a)	is deemed not to be a prohibited person; or
(b)	is so deemed for limited purposes only.".

Firearms (Amendment) Act 1998

s. 39
s. 40

Act No. 22/1998

(2) In section 189(2A)(c) of the Principal Act, before "the person" insert "in the case of an application under sub-section (1),".

(3) In section 189(2B)(b) of the Principal Act, before

"person" insert "in the case of an application
under sub-section (1),".

(4) In section 189 of the Principal Act, for sub-section

(3) substitute—
'(3) In this section, "Court" means—

(a) in the case of a person who was made the subject of an order referred to in sub-section (1)—

(i)  in Victoria, the court which made the order; or

(ii)  in another State or a Territory, the Supreme Court; and

(b) in the case of a person to whom sub- section (1A) applies—

(i)  if a Victorian court found the person guilty, that court; or

(ii)  if a court in another State or a Territory found the person guilty, the Supreme Court.'.

40.  Amendment of Schedule 2—special conditions for licences

In Schedule 2 to the Principal Act—
(a) at the end of item 1(2) insert—

Firearms (Amendment) Act 1998
Act No. 22/1998

"This authorisation does not apply to the holder of a licence who has obtained that licence for the purposes of sport or target shooting if that person is using a black

powder ball firing cannon.";

(b)

at the end of item 1(4) insert— holder of a licence who has obtained that licence for the purposes of sport or target shooting if that person is using a black powder ball firing cannon.";

(c) after item 1(5), insert—

"(5A) If one of the reasons for the licence is

sport or target shooting, the holder must
not engage in sport or target shooting
except—

(a)	at an approved shooting range or an approved location of a paintball activity; or
(b)	where the activity is being carried

on land owned by the holder, regulations; or

(c)	on land not owned by the holder, where the owner of the land has given permission for the carrying
out of the activity and where the activity is being conducted in accordance with the regulations.";

(d) at the end of item 1 insert— "(7) If the holder of the licence has

obtained the licence for the reason of
primary production, the holder is
authorised to carry or use a longarm,
the carriage or use of which is

Firearms (Amendment) Act 1998

Act No. 22/1998	s. 40
authorised by the licence, on the land of another primary producer, with the permission of the owner of the land.";

(e) in item 2(2) for paragraph (c) substitute— "(c) the holder must not use a firearm held

under the licence for the purpose of
engaging in clay target shooting

except—

(i) at an approved shooting range; or

(ii) where the activity is being carried

on land owned by the holder, regulations; or

(iii)  on land not owned by the holder, where the owner of the land has given permission for the carrying

out of the activity and where the
activity is being conducted in
accordance with the regulations.";

(f) in item 3(2), in paragraph (a) after "nominated person" insert "or an officer of the club who is the holder of a handgun licence";

(g) after item 4(2) insert—

"(2A) If the holder of the licence is authorised

to carry or use a longarm under the
licence, the holder must not carry or
use the longarm for the purpose of
receiving instruction in the use of the
longarm for sport or target shooting
except—

(a) at an approved shooting range; or

(b) on land owned by the holder where the activity is being carried

Firearms (Amendment) Act 1998

s. 41

s. 41 Act No. 22/1998

out in accordance with the

regulations; or

(c)	on land not owned by the holder, where the owner of the land has given permission for the carrying
out of the activity and where the activity is being conducted in accordance with the regulations.

(2B) If the holder of the licence is authorised

to carry or use a longarm under the
licence, the holder must not carry or
use the longarm for the purpose of
engaging in sport or target shooting
competitions except at an approved
shooting range.";

(h) in item 7(4)—

(i)  in paragraph (a), omit "through the agency of a licensed firearms dealer";

(ii)  at the end of paragraph (b) insert— "; or

(c) through the agency of a licensed firearms dealer.".

41.  Amendment of Schedule 3—exemption from requirement to hold licence

In Schedule 3 to the Principal Act—

(a)

for Column 2 of item 4 substitute— approved shooting range.";

(b) after item 5 insert—

"

5A. Any person who is of or When

over the age of 12 years and	carrying or
under the age of 18 years,	using a

Firearms (Amendment) Act 1998

Act No. 22/1998

who is receiving instruction	handgun at an
in the use of a handgun by	approved
or under the immediate	shooting
supervision of the holder of	range.
a handgun licence and who has the written consent of their parent or guardian to do so.

5B.	Any person who is of or	When
over the age of 12 years and	carrying or
under the age of 18 years,	using a
who is receiving instruction	longarm at an
in the use of a category A or	approved
category B longarm by or	shooting
under the immediate	range.
supervision of the holder of a category A or category B longarm licence and who
has the written consent of their parent or guardian to do so.

";

(c)

for Column 2 of item 10 substitute— incapable of firing cartridge ammunition or which has been rendered permanently inoperable, or when carrying or using an operable firearm under the supervision of a licensed firearms dealer or his or her employee.";

(d)	for Column 1 of item 11 substitute— "Any person.";
(e)	after item 12 insert—

"

13. Any person who is the holder When

of an inter-State licence to	possessing or
possess, carry or use a	carrying a

Firearms (Amendment) Act 1998

s. 42

Act No. 22/1998

firearm, and who is the holder	firearm the
of an inter-State permit to	possession or
acquire a firearm of the	carriage of
category the possession,	which is
carriage or use of which is	authorised by
authorised by the licence,	the licence for
being a permit in respect of	the purposes
which not more than 28 days	of disposing
have expired since its issue.	of the firearm.

"

42. Amendment of Schedule 4—storage requirements

In Schedule 4 to the Principal Act—

(a) in item 2(1)(b), for "500" substitute "150";

(b) after item 3 insert— "3A. Firearms collectors licences—section

122(1A)

The firearm must be stored in a receptacle—

(a)	which is constructed of hard wood or steel that is not easily penetrable; and
(b)	which, if it weighs less than 150 kilograms when it is empty, must be fixed to the frame of the floor or the wall of the premises where the firearm is kept in such a
manner that it is not easily removable; and
(c)	which when any firearm is stored in it is locked with a lock of sturdy construction.";

(c) in item 4—

(i) before "The firearm" insert "(1)"; and
(ii) at the end of the item insert—

Firearms (Amendment) Act 1998

Act No. 22/1998 s. 43

"(2) Despite paragraph (1) of this

item, the firearm may be
displayed by being fixed to the
wall of a room in a manner that
makes it unable to be readily
removed.".

43. Further amendments to the Firearms Act 1996

The Principal Act is amended as set out in the

Schedule.

__________________
Firearms (Amendment) Act 1998

Sch. Act No. 22/1998

SCHEDULE

FURTHER AMENDMENTS TO THE FIREARMS ACT 1996

1.  In section 8, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

2.  In section 28(1), for "ammunition" (wherever occurring) substitute "cartridge ammunition".

3.  In section 53, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

4.  In section 56—

(a)	in sub-section (1), for "firearms or ammunition" substitute "firearms or cartridge ammunition";
(b)	in sub-sections (2), (3), (4) and (5), for "ammunition" (wherever occurring) substitute "cartridge ammunition".

5.  In section 59(3), for "ammunition" (wherever occurring) substitute "cartridge ammunition".

6.  In section 83, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

7.  In section 122(4), for "ammunition" (where first occurring) substitute "cartridge ammunition".

8.  In section 124—

(a)	in sub-section (1), for "ammunition" substitute "cartridge ammunition";
(b)	in sub-section (2), for "possess ammunition" substitute "possess cartridge ammunition";
(c)	in sub-section (3), for "ammunition" substitute "cartridge ammunition".

9.  In section 125, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

10.  In section 126(4), for "ammunition" (wherever occurring) substitute "cartridge ammunition".

11.  In section 149, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

12. In section 151(1), for "ammunition" substitute "cartridge ammunition".
Firearms (Amendment) Act 1998

Act No. 22/1998 Sch.

13.  In section 153, for "ammunition" (wherever occurring) substitute "cartridge ammunition".

14.  In section 153A—

(a)	for "ammunition" (wherever occurring) substitute "cartridge ammunition";
(b)	in sub-section (1)(b), for "Fisheries Act 1996" substitute "Fisheries Act 1995";
(c)	in sub-section (2)(d), for "Fisheries Act 1996" substitute "Fisheries Act 1995".

15.  In section 191(1)(a), for "ammunition" (wherever occurring) substitute "cartridge ammunition".

16.

In Schedule 2— (b) in item 6(7), for "ammunition" substitute "cartridge ammunition".

17.

In Schedule 4— (b) in item 2(3), for "ammunition" substitute "cartridge ammunition".

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Firearms (Amendment) Act 1998

Notes Act No. 22/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 February 1998

Legislative Council: 8 April 1998

The long title for the Bill for this Act was "to amend the Firearms Act
1996 and for other purposes."