National Security (Fire-arms and Explosives) Regulations (Amendment)

Legislation au C1940L00267 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. .

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this twenty seventh day of November, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Fire-arms and Explosives) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the definitions of “authorized person” and “bona fide vendor” and inserting in their stead the following definitions:—

“‘authorized person’ means—

(a) any officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is not below the rank of sergeant or who is the officer-in-charge of any Police Station; and

(b) any other person who is authorized in writing by the Minister to be an authorized person for the purposes of these Regulations;

‘bona fide vendor’ means a person who, in pursuance of a permit issued under regulation 8a of these Regulations, is authorized to buy, sell or otherwise deal in fire-arms, ammunition or explosive substances in the ordinary course of his business;”.

Permit under law of State or Territory not to exempt from Regulations.

2. Regulation 3 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the word “A” and inserting in its stead the words “Subject to sub-regulation (2.) of regulation 17 of these Regulations, a”.

 

*Notified in the Commonwealth Gazette on , 1940.

†Statutory Rules 1940, No. 108.

5349.—12/28.8.1940.—PRice 3d.


Power to prohibit possession of firearms, etc. by specified classes of British subjects.

3. Regulation 7 of the National Security (Fire-arms and Explosives) Regulations is amended—

(a) by omitting the word “notice” (wherever occurring) and inserting in its stead the word “order”; and

(b) by omitting the words “published in the Gazette”.

4. After regulation 8 of the National Security (Fire-arms and Explosives) Regulations the following regulation is inserted:—

Permit to bona fide vendor.

“8a.—(1.) An authorized person may issue a permit to any person authorizing him, subject to such conditions as are specified in the permit or prescribed by these Regulations, to buy, sell or otherwise deal in fire-arms, ammunition or explosive substances in the ordinary course of his business and may at any time revoke any such permit.

(2.) Unless sooner revoked, any such permit shall be in force for such period, not exceeding twelve months, as is specified in the permit.”.

Permit to purchase fire-arms, etc.

5. Regulation 9 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting from sub-regulation (2.) the words “and ammunition” and inserting in their stead the words “, ammunition and explosive substances ”.

Power to give directions to bona fide vendors.

6. Regulation 11 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting the word “An” and inserting in its stead the words “Subject to the provisions of any order made under regulation 18 of these Regulations, an”.

Power to enter, search and seize.

7. Regulation 15 of the National Security (Fire-arms and Explosives) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Any-

(a) member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth who is not below the rank of sergeant or who is authorized in writing by a member not below that rank, or who is the officer-in-charge of any Police Station; or

(b) person authorized in writing by the Minister so to do,

may at any time in the day or night enter and search any premises or vessel or part thereof where any fire-arm, ammunition or explosive substance is or is suspected to be, and may seize any fire-arm, ammunition or explosive substance which he has reasonable grounds for believing is evidence of the commission of an offence against these Regulations and, if necessary for any of those purposes, may break into and enter such premises or vessel or part.”.

Offences to be continuing.

8. Regulation 16 of the National Security (Fire-arms and Explosives) Regulations is amended by inserting after the word “permit” the word “, order”.


9. Regulation 17 of the National Security (Fire-arms and Explosives) Regulations is repealed and the following regulations inserted in its stead:—

Exemption from Regulations.

“17.—(1.) The provisions of these Regulations shall not apply in relation to any fire-arm, ammunition or explosive substance—

(a) in the possession of any person by reason of his being a member of the Defence Force or of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth or a Peace Officer under the Peace Officers Act 1925;

(b) in the possession of a consul or other duly accredited representative of any government (other than the government of a country at war with His Majesty) or any member of his staff who has been sent by the government of that country to be employed as a member of his staff or the wife of any such consul, representative or member of his staff; or

(c) in the possession of the master or member of the crew of any public vessel or aircraft of any government (other than the government of a country at war with His Majesty).

(2.) Except in such case or class of cases as the Minister otherwise directs, the provisions of these Regulations shall not apply to any fire-arm or ammunition which is lawfully in the possession of a native of the Territory of Papua or of the Territory of New Guinea who is the holder of any permit issued under the law of the Territory of Papua or of the Territory of New Guinea (as the case may be) authorizing him to be in possession of that fire-arm or ammunition.

(3.) In any case in which there are special circumstances—

(a) the Minister;

(b) the Commandant of a Military District;

(c) the Commissioner or other Chief Officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth;

(d) any member of the Defence Force, not below the rank of Lieutenant-Colonel, who is authorized in that behalf by the Minister or by the Commandant of a Military District; or

(e) any officer of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth not below the rank of Inspector who is authorized in that behalf by the Minister or by the Commissioner or other Chief Officer of that Force,

may grant to any alien a permit exempting him from such provisions of these Regulations as are specified in the permit and, subject to compliance with such conditions as are specified in the permit, the alien shall be exempted accordingly.

(4.) Any person authorized by the last preceding sub-regulation to issue a permit may revoke any such permit at any time.”.


Care and storage of fire-arms, etc.

“18. The Minister may make orders—

(a) prescribing the conditions to be observed by any person having any fire-arms, ammunition or explosive substances in his possession as to the care, storage, treatment and disposal of fire-arms, ammunition and explosive substances; and

(b) requiring bona fide vendors to furnish returns of their purchases and sales of, and other dealings in, and stocks of, fire-arms, ammunition and explosive substances to such person and at such times and in such form and manner as may be prescribed in the order.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The National Security Act 1939-1940 was enacted to address the security concerns arising from the Second World War by regulating the possession, sale, and use of firearms, ammunition, and explosive substances. This legislation was introduced by the Australian Parliament to ensure national security and to control the distribution and use of dangerous materials. The Act empowers the Governor-General, in accordance with the Federal Executive Council, to create regulations under its authority, as evidenced by the Statutory Rules 1940 No. 108. The primary policy objective is to maintain public safety and national security by regulating the handling and trade of potentially dangerous items, while also providing exemptions for certain authorised personnel and bona fide vendors under specific conditions.

Scope and Application

The National Security (Fire-arms and Explosives) Regulations under the National Security Act 1939-1940 apply to the possession, sale, and handling of firearms, ammunition, and explosive substances within the Commonwealth of Australia. These regulations primarily target the regulation of firearms and explosives to ensure national security, particularly in the context of the Second World War. The scope of the Act extends to all individuals and entities involved in the trade or possession of these items, including bona fide vendors who require permits to legally engage in the sale of firearms, ammunition, and explosives. The regulations also empower authorised persons, including police officers and others designated by the Minister, to issue permits, enter and search premises, and seize items suspected of being involved in offenses under the Act. Exemptions are provided for specific groups, such as members of the Defence Force, police officers, accredited diplomatic representatives, and natives of Papua and New Guinea with lawful permits. The Act's authority and applicability are grounded in the overarching National Security Act 1939-1940, and further details and conditions are subject to the Minister's orders, thereby extending or restricting the application through subordinate instruments.

Key Provisions

The legislative instrument amends the National Security (Fire-arms and Explosives) Regulations, introducing new definitions and provisions related to the possession, sale, and regulation of firearms, ammunition, and explosive substances. Regulation 1 redefines "authorized person" to include specific police officers and those authorized in writing by the Minister, and "bona fide vendor" as someone permitted to deal in these items. Regulation 2 specifies that permits issued under state or territory law do not exempt individuals from these Regulations unless specified. Regulation 3 changes the term "notice" to "order" and removes the requirement for publication in the Gazette. Regulation 4 introduces a new permit for bona fide vendors to deal in firearms, ammunition, and explosive substances, with permits valid for up to twelve months. Regulation 5 extends the permit to include explosive substances and revokes the need for separate permits for each item. Regulation 6 subjects the issuance of directions to bona fide vendors to any orders made under Regulation 18. Regulation 7 expands the authority to enter, search, and seize to include more officials and clarifies the conditions under which these actions can be taken. Regulation 8 makes offences under the Regulations continuing offences, and Regulation 9 exempts certain individuals and entities from the Regulations' provisions, while allowing the Minister or other specified officials to grant exemptions to aliens under specific circumstances. Regulation 10 allows the Minister to issue orders regarding the care, storage, and reporting requirements for firearms, ammunition, and explosive substances. The Regulations impose several obligations on the parties they govern. Authorized persons, defined under Regulation 1, must adhere to the provisions of these Regulations when issuing permits to bona fide vendors and when revoking such permits. Bona fide vendors, as defined in Regulation 4, must comply with any conditions specified in their permits and report their transactions and stock levels as required by any orders made under Regulation 18. Members of the Police Force and other authorized officials must follow the guidelines for entering, searching, and seizing as outlined in Regulation 7. The Minister and other officials are tasked with making orders regarding the care and storage of firearms, ammunition, and explosive substances and with granting exemptions to aliens under the circumstances outlined in Regulation 9. The Regulations also establish several offences and penalties for non-compliance. While the specific penalties are not detailed in the Regulations themselves, breaches of the Regulations may lead to civil or criminal consequences depending on the nature and severity of the violation. Offences are considered continuing offences under Regulation 8, which means that ongoing violations can result in compounded penalties. Failure to comply with orders regarding the care, storage, and reporting of firearms, ammunition, and explosive substances could lead to enforcement actions by the relevant authorities.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.