Firearms Act 1996 v.64

7/31/2019 Firearms Act 1996 v.64

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Version No. 064

Firearms Act 1996No. 66 of 1996

Version incorporating amendments as at16 May 2012

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1 Purpose 1 2 Commencement 2 3 Definitions 2 3A Temporary declarations by the Chief Commissioner for the

purposes of certain definitions 27 3B Permanent declarations by the Chief Commissioner for the

purposes of certain definitions 28 4 Act binds the Crown 30

PART 2—POSSESSION, CARRIAGE OR USE OF FIREARMSAND RELATED ITEMS 31

Division 1—Offences 31

5 Offence for prohibited person to possess, carry or use afirearm 31

6 Offence for non-prohibited person to possess, carry or use alongarm without a licence 31

6A Offence to possess, carry or use an unregistered longarm 33 7 Offence for non-prohibited person to possess, carry or use a

handgun without a licence 34 7A Offences for certain types of handguns 35 7B Offence to possess, carry or use an unregistered handgun 39

7C

Possession of a traffickable quantity of unregistered firearms 39

8 Offence to acquire, dispose of possess or carry cartridgeammunition for collections 40

8A Proof of registration of firearm 40

Division 2—Longarm licences 40

9 Issue of longarm licences 40 10 Reasons for applying for longarm licence, category A or B 42 11 Reasons for applying for a longarm licence, category C 45 12 Reasons for applying for a longarm licence, category D 48

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13 Reasons for applying for a longarm licence, category E 49 13A Reasons for applying for paintball marker licence 49 14 Conditions applying to longarm licences 49

Division 3—Handgun licences 51

15 Issue of handgun licences for general category handguns 51 16 Conditions applying to handgun licences 54 16A Issue of handgun licences for category E handguns 60 16AA Power of Chief Commissioner to modify participation

condition 60 16B Conditions applying to handgun licences for category E

handguns 61

Division 4—General provisions applying to longarm and handgunlicences 61

17 General discretion of Chief Commissioner to refuse a longarmor handgun licence 61

Division 5—Junior licences 63

18 Issue of junior licences 63 19 Conditions applying to junior licences 65 20 General discretion of Chief Commissioner to refuse a junior

licence 66

Division 6—Firearms collectors and heirlooms licences 67

21 Issue of category 1 firearms collectors licences 67 21A Issue of category 2 firearms collectors licences 68 21B Issue of antique handgun collectors licences 69 22 Conditions applying to firearms collectors licences 70 23 General discretion of Chief Commissioner to refuse a

firearms collectors licence 71 24 Firearms collectors register 72 25 Issue of firearms heirlooms licences 72 26 Conditions applying to firearms heirlooms licences 73 27 General discretion of Chief Commissioner to refuse a

firearms heirlooms licence 73

Division 7—Firearms ammunition collectors licences 74

28 Issue of firearms ammunition collectors licences 74 29 General discretion of Chief Commissioner to refuse a

firearms ammunition collectors licence 74 30 Conditions applying to firearms ammunition collectors

licences 75

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Division 9A—Surrender and seizure of firearms etc. 97

52A Power of Chief Commissioner to require the holder of ageneral category handgun licence to surrender certainhandguns for failure to comply with participation condition 97

52B Power of Chief Commissioner to require the holder of acategory 1 or category 2 firearms collectors licence tosurrender certain handguns for failure to comply with certainconditions 98

53 Surrender of firearms and licence document 99 53A Surrender of handguns for failure to comply with

participation condition 102

53B Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence notcomplied with 103

Division 10—Exemptions, permits and provisional licences 104

54 Persons who are exempt from the Part 104 54AA Health service workers who are exempt from this Part 106 54AB Exemption of person exercising power under the

Education and Training Reform Act 2006 10854A Exemptions from certain licence conditions 109 55 Employees of licensed firearms dealers 110 56 Permits to display firearms or ammunition collections 110 56A Permits to display firearms or ammunition collections—

Approved firearms collectors clubs 112 57 Permits to possess, carry or use silencers or prescribed items 114 57A Permit for holder of handgun security guard licence to

possess, carry or use restricted ammunition 115 57B Permits to assist in emergency or natural disaster 116 58 Permits to carry or use firearms held under a collectors

licence 117 58AAA Permits to carry or use firearms held under a collectors

licence—approved firearms collectors clubs 11958A Provisional general category handgun licences 120

PART 3—CARRYING ON THE BUSINESS OF DEALING INFIREARMS AND RELATED ITEMS 123

Division 1—Licensing of firearms dealers 123

59 Offence to carry on business of dealing in firearms 123 60 Issue of dealers licences 124 61 General discretion of Chief Commissioner to refuse a

dealers licence 124 62 Review of decision not to issue licence 125

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Division 2—General provisions applying to dealers licences 126

63 Application for a dealers licence 126 64 Information required for an application by a natural person

for a dealers licence 126 65 Information required for an application by a body corporate

for a dealers licence 127 66 28 day waiting period 128 67 Particulars of dealers licences 128 68 Licence conditions for dealers licences 129 69 Variation of dealers licence conditions 129 70 Review of a decision to vary licence conditions 129

71 Duration of licences 129 72 Renewal of dealers licences 130 73 General discretion of Chief Commissioner to refuse to

renew a dealers licence 131 74 Review of decision not to renew licence 132 75 Requirement to notify Chief Commissioner of persons

employed in business or change of nominated person 132 75A Requirement to notify Chief Commissioner of close

associates 134 75B Offence to employ prohibited persons in management of

business 134

Division 3—Suspension, cancellation and transfer of dealers

licences 135

76 Immediate cancellation of a dealers licence 135 77 Suspension of a dealers licence and notice of proposal to

cancel 135 78 Making of submissions 136 79 Power of Chief Commissioner to cancel a dealers licence 136 80 Notice of Chief Commissioner's decision 138 81 Coming into effect of cancellation 138 82 Right of appeal against cancellation of licence 138 83 Surrender of firearms and licence document 139 84 Application to carry on business 139 85 Chief Commissioner may transfer authority to conduct

business 140 86 Prohibition on any other transfer of licence 140

Division 4—Records to be kept by licensed firearms dealers 141

87 Requirement to keep register of transactions 141 88 Firearms to be labelled with transaction details 144 89 Power to inspect register and stock 144 90 Power to require production of licence 144

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Division 5—Display by dealers 144

91 Display of firearms by dealers 144 92 Display Offences 145

Division 6—Permits 146

92A Permits for theatrical armourers 146

PART 4—ACQUISITION AND DISPOSAL OF FIREARMSAND RELATED ITEMS 148

Division 1—Offences relating to the acquisition and disposal of

firearms 148

93 Persons from whom a dealer can acquire firearms 148 94 Persons to whom a dealer can dispose of firearms 150 95 Prohibition on acquisition of firearm except from licensed

firearms dealer 153 96 Prohibition on disposal of firearm except to licensed firearms

dealer 154 97 Fees to be charged by dealers 156 98 Requirement for taking or giving of possession of firearm

to be in person 156 99 Control of acquisition from a place outside the State 156 100 Control of disposal to place outside the State 157 100A Hiring and loaning of firearms by licensed firearms

dealers 159101 Prohibitions on advertising 159 101A Prohibition on the acquisition or disposal of traffickable

quantities of firearms 160101B Prohibition on providing financial accommodation for

the illegal acquisition or disposal of firearms 161

Division 2—Permit to acquire a firearm 162

102 Offence to acquire a firearm without a permit 162 103 Issue of permit to acquire 165 104 General discretion of Chief Commissioner to refuse to issue

a permit to acquire 165 105 Review of decision not to issue permit 168 106 Application for a permit to acquire 168 107 Waiting period for issue of permit 169 108 Form of permit 169 109 Conditions applying to a permit 169 110 Duration of permit 169 111 Cancellation of permit 170 112 Surrender of firearms acquired under cancelled permit 170

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PART 5—REGISTRATION OF FIREARMS 172

113 Keeping of register 172 114 Exemption from Freedom of Information Act 172 115 Notice of bringing into the State 173 116 Notice of removal from the State 173 117 Certificate of registration 174 118 Notice of transactions 174 119 Power of Chief Commissioner to require information 175 119A Power of Chief Commissioner to require firearm to have

a serial number 175119B Application to have serial number affixed by a method

other than stamping 176120 Offence not to produce firearm for inspection 176

PART 6—STORAGE 177

121 Storage of firearms under longarm and handgun licences 177 121A Permit to store handguns 179122 Storage of firearms under firearms collectors and firearms

heirlooms licences and ammunition under firearmsammunition collectors licence 180

123 Storage of firearms under dealers licences 182

PART 6A—APPROVED CLUBS 184

Division 1—Approved handgun target shooting clubs 184 123A Power of the Chief Commissioner to approve handgun

target shooting clubs 184123B Approved handgun target shooting clubs—Record

keeping requirements 184123C Approved handgun target shooting clubs—reporting

requirements 186123D Approved handgun target shooting clubs—Requirements

as to members 187123E Approved handgun target shooting clubs—Reports to the

Chief Commissioner as to unfit members 190123F Approved handgun target shooting clubs—Power to

endorse applications for general category handgunlicences 190123G Approved handgun target shooting clubs—Power to

endorse applications for permits to acquire 191

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Division 2—Approved firearms collectors clubs 192

123H Power of the Chief Commissioner to approve firearmscollectors clubs 192

123I Approved firearms collectors clubs—Power to endorseapplications for firearms collectors licences 192

123J Approved firearms collectors clubs—Power to endorseapplications for permits to acquire 193

123K Approved firearms collectors clubs—Reports to the Chief Commissioner as to unfit members 193

123L Approved firearms collectors clubs—Requirements as tomembers and former members 194

Division 3—General provisions applying to approvals underthis Part 196

123M Application for an approval under this Part 196123N Requirement to nominate officers 196123O Review of decision to refuse an approval under this Part 197123P Conditions for an approval under this Part 197123Q Review of decision to vary the conditions of an approval

under this Part 197123R Duration of an approval under this Part 197123S Renewal of an approval under this Part 198123T Power of the Chief Commissioner to renew an approval

under this Part 198123U Review of a decision not to renew an approval under this

Part 198123V Power of Chief Commissioner to cancel an approval under

this Part 199123W Review of decision to cancel an approval under this Part 199

PART 7—FURTHER OFFENCES AND LEGALPROCEEDINGS 200

124AA Conspiring to commit and aiding the commission of anoffence outside Victoria 200

124 Possession of cartridge ammunition 200 125 Disposal of cartridge ammunition to unauthorised persons 201

126 Safekeeping of firearms and cartridge ammunition whilebeing carried or used 202 127 Use of firearm by person other than the possessor 203 127A Offence to use firearms held under a firearms collectors

licence 205128 Offence to damage property with a firearm 205 129 Offence to use a firearm in a dangerous manner 205 129A Offence for unlicensed person to store in an insecure

manner 206130 Offence to carry or use a firearm in certain places 206

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131 Offence to possess, carry or use a firearm on privateproperty without consent 208

132 Offences about the carriage and the use of firearms 209 133 Disposal of a firearm to person who is intoxicated 210 134 Certain offences as to firearms, firearm parts, silencers and

prescribed items 210 134A Requirement to obtain consent of Chief Commissioner to

certain alterations of firearms 211134AB Offence to possess or carry certain parts without the

consent of the Chief Commissioner 211134B Requirement to notify Chief Commissioner of certain

alterations to firearms 212134C Offence to possess a firearm with no serial number 212135 Offence to own a firearm without a licence to possess 212 136 Disposal of firearms to minors 213 137 Alteration of documents 213 138 False entries 214 139 Notification of change of certain details 214 140 Requirement to notify Chief Commissioner of loss etc. 214 140A Making false or misleading statements or using false or

misleading information 215141 Statements of the Chief Commissioner as evidence 215 142 Liability of officers of body corporate or nominated persons

for offences committed by the body corporate 216 143 How to determine state of mind of a body corporate 216 144 Liability of body corporate or licence holder for acts of

directors, employees or agents 217 145 Evidence of possession 217

PART 8—FURTHER ENFORCEMENT POWERS 218

146 Warrants to search premises 218 147 Announcement before entry 219 148 Copy of warrant to be given to occupier or person in charge

of vehicle 220 149 Search of persons or vehicles 220 149A Duty to make records concerning searches 222150 Power to require production of licence 222 151 Powers of court to order forfeiture of firearms, cartridge

ammunition, silencers or prescribed items 223 152 Disposal of forfeited firearms 223 153 Power of court to make an order with respect to the disposal

of a firearm, cartridge ammunition, silencer or prescribed item 224 153A Authorised officers under the Conservation, Forests and

Lands Act 1987 to exercise powers under this Act 225153B Duty to make records concerning searches 228153C Annual reports 228

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PART 9—FIREARMS APPEALS COMMITTEE 230

Division 1—Establishment of Committee 230

154 Establishment of Committee 230 155 Membership of the Committee 230 156 Terms of office 231 157 Resignation and removal 232 158 Chairperson 232 159 Acting member 233 160 Payment of members 233 161 Procedure of the Committee 233 162 Effect of vacancy or defect 234

Division 2—Review of decisions of the Chief Commissioner 234

163 Power of committee to sit in divisions 234 164 Decision of a Division 235 165 Change in composition of a Division 235 166 Procedure of Division 236 167 How to commence a proceeding 236

PART 10—INFRINGEMENT NOTICES 238

168 Power to serve a notice 238 169 Repealed 238 170 Penalties to be paid for offences under infringement notices 238 171–174 Repealed 238

PART 11—GENERAL 239

175 Service of notices 239 176 Power of delegation 239 176A Annual Report of Chief Commissioner 240177 Duplicate licences 240 178 Application for duplicate licence 240 179 Power of Chief Commissioner to make approvals 240 179A Approved handgun target shooting matches 241 180 Deceased estates 241 181 Disclosure of information 242

181A Requirement for Chief Commissioner to disclose certaininformation to certain approved clubs 244182 Appeals from decisions of Committee 245 183 Immunity from liability 245 184 Exemptions for museums 247 185 Interstate licence holders—temporary visitors 248 186 Temporary visitor permit 251 186A Interstate temporary visitor permits 252187 Interstate licence holders—permanent residents 252 188 Power to approve schemes of compensation 254

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189 Application to be deemed not to be a prohibited person 254 189A Indictable offences 256190 Supreme Court—Limitation of jurisdiction 257 191 Regulations 257

PART 12—TRANSITIONAL PROVISIONS 261

192 Definitions 261 193 Repeal of Firearms Act 1958 261 194 References 261 195 Licences authorities permits and schemes 262 196 Right to apply to court under section 189 before

commencement of part of Act 268 197 Appeals and rights to appeal 268 198 Sunset on licences and permits issued under repealed

provisions 269 199 Declarations 269 200 Prison officers 270 200A Transitional provision— Firearms (Trafficking and

Handgun Control) Act 2003 —dealers licences 270200B Transitional provision— Firearms (Trafficking and

Handgun Control) Act 2003 —handgun licences 270200C Transitional provision— Firearms (Trafficking and

Handgun Control) Act 2003 —applications for handgunlicences 270

200D Transitional provision— Firearms (Trafficking andHandgun Control) Act 2003 —firearms collectorslicences 271

201−208 Repealed 271 209 Transitional provisions— Control of Weapons and

Firearms Acts (Search Powers) Act 2003 272 210 Transitional provision—handgun security guard licence 272 211 Transitional provisions— Firearms Amendment Act 2007 274 212 Transitional provision— Justice Legislation Amendment

Act 2008 276 213 Transitional provisions— Family Violence Protection

Act 2008 276 214 Transitional Provisions— Stalking Orders Intervention

Act 2008 277 215 Transitional provision— Firearms and Other Acts

Amendment Act 2010 —interstate licence holders 278 216 Transitional provision— Firearms and Other Acts

Amendment Act 2010 —imitation firearms 279 __________________

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SCHEDULES 280

SCHEDULE 1—General Conditions for Licences under Part 2 280

SCHEDULE 2—Special Conditions for Licences under Part 2 281

1 Longarm licences for category A or B longarms 281 2 Longarm licences for category C longarms 283 3 Handgun licences for general category handguns 285 3A Handgun licences for general category handguns—operators

of private security businesses 286 4 Junior licences 286 5 Firearms collectors licences 287 6 Firearms heirlooms licences 289 7 Firearms ammunition collectors licences 291

SCHEDULE 3—Non-prohibited Persons who are Exempt fromRequirement to hold a Licence under Part 2 292

SCHEDULE 4—Storage Requirements 298

1 Longarm licences for category A and B longarms 298 2 Longarm licences for category C or category D longarms

and handgun licences for general category handguns 299 3 Firearms collectors licences 300 3A Firearms collectors licences—section 122(1A) 302 4 Firearms heirlooms licences 302 5 Firearms ammunition collectors licences 303

═══════════════

ENDNOTES 304

1. General Information 304

2. Table of Amendments 305

3. Explanatory Details 311

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Version No. 064


Version incorporating amendments as at16 May 2012

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purpose

The purposes of this Act are—

(a) to give effect to the principle that thepossession, carriage, use, acquisition anddisposal of firearms are conditional on theneed to ensure public safety and peace by—

(i) establishing a system of licensing and

regulating the possession, carriage anduse of firearms and related items whichdoes not allow for self defence to beused as a reason for obtaining a licenceto possess, carry or use a firearm; and

(ii) establishing a system of licensing andregulating the carrying on of thebusiness of dealing in firearms; and

(iii) establishing a system of permitting andregulating the acquisition and disposal

of firearms and related items; and(iv) establishing a system of registering

firearms; and

(v) establishing requirements for the securestorage and carriage of firearms; and

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(vi) establishing a Firearms AppealsCommittee to hear applications forreview of decisions of the Chief Commissioner under the Act; and

(vii) making provision for the education of the community in the safe andresponsible use of firearms; and

(viii) making other related provisions; and

(b) to repeal the Firearms Act 1958 ; and(c) to make various consequential amendments

to other Acts.

2 Commencement

(1) Section 1 and this section come into operation onthe day on which this Act receives the RoyalAssent.

(2) Subject to subsection (3), the remainingprovisions of this Act come into operation on a

day or days to be proclaimed.(3) If a provision referred to in subsection (2) does

not come into operation before 31 January 1998, itcomes into operation on that day.

3 Definitions

(1) In this Act—

acquire , in relation to any thing, includes buyingor coming into possession of the thing(whether the thing is in Victoria or

elsewhere) but does not include borrowingthe thing;

airgun includes air rifle;

s. 2

S. 3(1) def. ofacquire amended byNo. 22/1998s. 4(a) ,

substituted byNo. 28/2003s. 3(1)(a).

S. 3(1) def. ofairgun inserted byNo. 28/2007s. 3(Sch.item 26.2).

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antique handgun means a handgun—

(a) that was manufactured before 1 January1900; and

(b) that uses percussion as a means of ignition; and

(c) that does not take commerciallyavailable cartridge ammunition;

antique handgun collectors licence means alicence issued under section 21B;

approved club means a club approved by theChief Commissioner under section 10(3);

approved firearms collectors club means a person

or body approved by the Chief Commissioner under section 123H;

approved handgun target shooting club means aperson or body approved by the Chief Commissioner under section 123A;

S. 3(1) def. ofantique handgun inserted byNo. 78/2005s. 3(1)(a),substituted byNo. 50/2007s. 3(1)(b).

S. 3(1) def. of

antique handgun collectors licence inserted byNo. 78/2005s. 3(1)(a).

s. 3

S. 3(1) def. ofapproved club amended byNo. 28/2003s. 3(1)(d).

S. 3(1) def. ofapproved firearms collectors club inserted byNo. 28/2003s. 3(1)(c).

S. 3(1) def. ofapproved handgun target shooting club inserted byNo. 28/2003s. 3(1)(c).

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approved handgun target shooting match means—

(a) a competitive target shooting matchapproved by the Chief Commissionerthat is conducted by an approvedhandgun target shooting club at anapproved shooting range; or

(b) a handgun target shooting matchconducted in another State or aTerritory or a place outside Australiathat is recognised by the Chief Commissioner under section 16(12)(a)to be an approved handgun targetshooting match;

approved shooting range means a shooting rangeapproved by the Chief Commissioner undersection 179;

armed guard activity means the activity,performed by a person acting as a securityguard, of protecting, watching or guardingany property while being in possession of afirearm;

* * * * *

black powder handgun means a handgun that—

(a) uses black powder to propel aprojectile; and

(b) is not capable of being loaded with ordischarging breech-loaded metalliccartridges;

S. 3(1) def. ofapproved handgun target shooting match inserted byNo. 28/2003s. 3(1)(c),substituted byNos 78/2005s. 3(1)(b),52/2010s. 3(1)(a),amended byNo. 12/2012s. 7(1).

S. 3(1) def. ofarmed guard activity inserted byNo. 50/2007s. 3(1)(a).

s. 3

S. 3(1) def. ofairgun amended byNo. 78/2005s. 3(1)(c),repealed byNo. 28/2007s. 3(Sch.item 26.1).

S. 3(1) def. ofblack powder handgun inserted byNo. 78/2005s. 3(1)(a).

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carry in relation to a firearm, includes the carriageof that firearm either as a whole or in partsand either by one person or more than oneperson;

cartridge ammunition means ammunition havinga bullet or other projectile and a primingdevice fixed to or enclosed in a cartridgecase which is composed wholly or partly of material other than paper;

cash-in-transit activity means the activity,performed by a person acting as a securityguard, of collecting, transferring ordelivering cash or other valuables;

category 1 firearms collectors licence means alicence issued under section 21;

category 2 firearms collectors licence means alicence issued under section 21A;

category A longarm means any of thefollowing—

(a) an airgun;

(b) a rimfire rifle (other than a semi-automatic rimfire rifle);

(c) a shotgun (other than a pump action orsemi-automatic shotgun);

(d) any combination of a shotgun andrimfire rifle;

S. 3(1) def. ofcartridge ammunition inserted byNo. 22/1998s. 4(g).

s. 3

S. 3(1) def. ofcash-in-transit activity inserted byNo. 50/2007s. 3(1)(a).

S. 3(1) def. ofcategory 1firearms collectors licence inserted byNo. 28/2003s. 3(1)(c).

S. 3(1) def. ofcategory 2 firearms collectors licence inserted byNo. 28/2003s. 3(1)(c).

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category B longarm means any of thefollowing—

(a) a muzzle loading firearm;

(b) a centre fire rifle (other than anautomatic or a semi-automatic centrefire rifle);

(c) any combination of a shotgun andcentre fire rifle;

(d) a black powder, ball firing cannon;

category C longarm means any of thefollowing—

(a) a semi-automatic rimfire rifle with amagazine capacity of no more than10 rounds;

(b) a semi-automatic shotgun with amagazine capacity of no more than5 rounds;

(c) a pump action shotgun with a magazinecapacity of no more than 5 rounds;

(d) a tranquilliser gun;

category D longarm means any of thefollowing—

(a) a semi-automatic rimfire rifle with amagazine capacity of more than10 rounds;

(b) a semi-automatic shotgun with amagazine capacity of more than5 rounds;

(c) a pump action shotgun with a magazinecapacity of more than 5 rounds;

(d) a semi-automatic centre fire rifle;

S. 3(1) def. ofcategory B longarm amended byNo. 22/1998s. 4(b).

s. 3

S. 3(1) def. ofcategory D longarm amended byNos 50/2007s. 3(1)(c),21/2008s. 7(a).

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(e) any other firearm prescribed for thepurposes of this category;

(f) any other firearm that is declared undersection 3A(1) to be a category Dlongarm;

(g) any other firearm that is declared undersection 3B(1)(a) to be a category Dlongarm;

category E handgun means any of thefollowing—

(a) a machine gun that is a handgun;

(b) any handgun prescribed for thepurposes of this category;

(c) any other firearm that is declared undersection 3A(1) to be a category Ehandgun;

category E longarm means any of the

following—(a) a machine gun that is a longarm;

(b) a tear gas gun or projector;

(c) a shotgun or rifle with a length of lessthan 75 centimetres measured parallelto the barrel;

(d) a mortar, bazooka, rocket propelledgrenade or similar large calibre militaryfirearm designed to fire an explosive or

projectile or any other similarprescribed firearm;

(da) a cannon which is not a black powderball firing cannon;

(e) any other firearm prescribed for thepurposes of this category;

S. 3(1) def. ofcategory E handgun inserted byNo. 28/2003s. 3(1)(c),amended byNo. 50/2007s. 3(1)(d).

s. 3

S. 3(1) def. ofcategory E

longarm amended byNos 22/1998s. 4(c) ,28/2003s. 3(1)(e),50/2007s. 3(1)(e),21/2008s. 7(b).

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(f) any other firearm that is declared undersection 3A(1) to be a category Elongarm;

(g) any other firearm that is declared undersection 3B(1)(b) to be a category Elongarm;

Chief Commissioner means the Chief Commissioner of Police appointed under thePolice Regulation Act 1958 ;

close associate , in relation to the holder of adealers licence, means a person—

(a) who is able to exercise a significantinfluence over or with respect to theconduct of the business conductedunder the dealers licence because thatperson—

(i) holds an interest in the capital orassets of that business or is

entitled to receive any incomederived from that business(whether the entitlement arises atlaw or in equity or otherwise); or

(ii) holds any power (whetherexercisable by voting or otherwiseand whether exercisable alone orin association with others) toparticipate in any managerial orexecutive decision in that businessor to appoint any person to aposition of management in thatbusiness (whether in the capacityof director, manager or secretaryor in any other capacity); or

s. 3

S. 3(1) def. ofclose associate inserted byNo. 28/2003s. 3(1)(c).

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(b) who participates in the management of the business conducted under thelicence (whether in the capacity of director, manager or secretary or in anyother capacity)—

and, in relation to an applicant for a dealerslicence, means any person who would, if alicence were issued to the applicant, be aperson to whom paragraph (a) or (b) would

apply;Committee means the Firearms Appeals

Committee established under Part 9;

dealers licence means a firearms dealers licenceissued under section 60;

Department has the same meaning as in thePublic Administration Act 2004 ;

Department Head has the same meaning as in thePublic Administration Act 2004 ;

Director, Police Integrity means the Director,Police Integrity under section 7 of the PoliceIntegrity Act 2008 ;

S. 3(1) def. ofDepartment amended byNos 46/1998s. 7(Sch. 1),108/2004s. 117(1)

(Sch. 3item 78.1(a)).

s. 3

S. 3(1) def. ofDepartment Head amended byNos 46/1998s. 7(Sch. 1),108/2004s. 117(1)(Sch. 3item 78.1(b)).

S. 3(1) def. ofDirector,Police Integrity inserted byNo. 34/2008s. 143(Sch. 2item 7.1).

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dispose of , in relation to any thing, includes—

(a) selling the thing;

(b) offering to sell the thing;

(c) having the thing in possession for thepurposes of sale, barter or exchange—

(whether or not the thing is to remain inVictoria) but does not include lending thething;

domestic partner of a person means—

(a) a person who is in a registeredrelationship with the person; or

(b) an adult person to whom the person isnot married but with whom the personis in a relationship as a couple whereone or each of them provides personalor financial commitment and support of a domestic nature for the material

benefit of the other, irrespective of theirgenders and whether or not they areliving under the same roof, but does notinclude a person who providesdomestic support and personal care tothe person—

(i) for fee or reward; or

(ii) on behalf of another person or anorganisation (including agovernment or government

agency, a body corporate or acharitable or benevolentorganisation);

drug has the same meaning as in the Road SafetyAct 1986 ;

S. 3(1) def. ofdispose of substituted byNo. 28/2003s. 3(1)(b).

S. 3(1) def. ofdomestic partner inserted byNo. 72/2001s. 3(Sch.item 8.1),substituted byNo. 12/2008s. 73(1)(Sch. 1item 23.1).

s. 3

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firearm means any device, whether or notassembled or in parts—

(a) which is designed or adapted, or iscapable of being modified, to dischargeshot or a bullet or other missile by theexpansion of gases produced in thedevice by the ignition of stronglycombustible materials or bycompressed air or other gases, whether

stored in the device in pressurisedcontainers or produced in the device bymechanical means; and

(b) whether or not operable or complete ortemporarily or permanently inoperableor incomplete—

and which is not—

(c) an industrial tool powered by cartridgescontaining gunpowder or compressedair or other gases which is designed andintended for use for fixing fasteners orplugs or for similar purposes; or

(d) a captive bolt humane killer; or

(e) a spear gun designed for underwateruse; or

(f) a device designed for the discharge of signal flares; or

* * * * *

(h) a device commonly known as a kilngun or ringblaster, designed specificallyfor knocking out or down solid materialin kilns, furnaces or cement silos; or

(i) a device commonly known as a linethrower designed for establishing linesbetween structures or natural featuresand powered by compressed air to other

S. 3(1) def. offirearm amended byNos 22/1998s. 4(d) ,28/2003s. 3(1)(f),50/2007s. 3(1)(f),52/2010s. 3(1)(c),12/2012s. 7(2).

s. 3

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12

compressed gases and used for rescuepurposes, rescue training or rescuedemonstration; or

(j) a device of a prescribed class;

firearms ammunition collectors licence means afirearms ammunition collectors licenceissued under section 28;

firearms collectors licence means a firearms

collectors licence issued under section 21,21A or 21B;

firearms heirlooms licence means a firearmsheirlooms licence issued under section 25;

* * * * *

general category handgun means a handgun thatis not a category E handgun;

general category handgun licence means ahandgun licence issued under section 15;

handgun means a firearm that—

(a) is reasonably capable of being carriedor concealed about the person; or

S. 3(1) def. offirearms

collectors licence amended byNos 28/2003s. 3(1)(h),78/2005s. 3(1)(d).

s. 3

S. 3(1) def. offixed ammunition repealed byNo. 22/1998s. 4(e).

S. 3(1) def. ofgeneral category handgun inserted byNo. 28/2003s. 3(1)(c).

S. 3(1) def. ofgeneral category handgun licence inserted byNo. 28/2003s. 3(1)(c).

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13

(b) is reasonably capable of being raisedand fired by one hand; or

(c) does not exceed 65 centimetres inlength measured parallel to the barrel;

handgun licence means a licence issued undersection 15 or section 16A;

handgun security guard licence means a handgunlicence issued under section 15(1)(a) for theoccupation of security guard;

handgun target shoot means a handgun targetshoot that complies with section 16(8);

handgun target shooting licence means ahandgun licence issued under section15(1)(b) for target shooting;

* * * * *

inter-State licence means a licence (howeverdescribed) to possess, carry or use a firearmissued in a prescribed State or a prescribedTerritory which corresponds with a licenceissued under Part 2;

S. 3(1) def. ofhandgun licence amended byNo. 28/2003s. 3(1)(g).

S. 3(1) def. ofhandgun security guard licence inserted byNo. 78/2005s. 3(1)(a).

s. 3

S. 3(1) def. ofhandgun target shoot inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofhandgun target shooting licence inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofinfringement penalty repealed byNo. 32/2006s. 94(Sch.item 20(1)).

S. 3(1) def. ofinter-State licence inserted byNo. 22/1998s. 4(g).

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14

inter-State permit to acquire means a permit(however described) to acquire a firearmissued in a prescribed State or a prescribedTerritory which corresponds with a permit toacquire;

junior handgun target shooting licence means a junior licence issued for the purposes of receiving instruction in the use of handgunsor engaging in sport or target shootingcompetitions;

junior licence means a licence issued undersection 18;

known information in relation to a closeassociate, means any records about the closeassociate kept by or on behalf of—

(a) the Chief Commissioner; or

(b) any person holding a positionequivalent to that of the Chief Commissioner in the Commonwealth orin any other State or Territory of theCommonwealth or in any othercountry;

licensed firearms dealer means a person who isthe holder of a dealers licence;

licensed premises in relation to dealers licence,

means the premises specified in dealerslicence;

longarm means any firearm other than a handgun;

longarm licence means a licence issued undersection 9;

S. 3(1) def. ofinter-State permit to acquire inserted byNo. 84/1997s. 42(a).

S. 3(1) def. of junior handgun target

shooting licence inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofknown information inserted byNo. 28/2003s. 3(1)(c).

s. 3

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15

machine gun means a firearm which can firemore than one projectile with a singlepressure of the trigger or other likeappliance;

member of staff of the Office of Police Integrit y has the same meaning as it has in the PoliceIntegrity Act 2008 ;

member of the police force has the same meaningas member of the force in the PoliceRegulation Act 1958 ;

midwife means a person registered under theHealth Practitioner Regulation NationalLaw—

(a) to practise in the nursing and midwifery

profession as a midwife (other than as astudent); and

(b) in the register of midwives kept for thatprofession;

nominated officer means a person nominatedunder section 123N;

nominated person means any person nominated

in an application for a licence under Part 2 orPart 3 or any person nominated in the placeof that person during the course of thelicence, notice of whose nomination has beengiven to the Chief Commissioner;

non-prohibited person means a person who is nota prohibited person;

S. 3(1) def. ofmember of staff of the Office of Police Integrity inserted byNo. 34/2008s. 143(Sch. 2item 7.1).

S. 3(1) def. ofmidwife inserted byNo. 13/2010s. 51(Sch.item 23.3).

s. 3

S. 3(1) def. ofnominated officer inserted byNo. 28/2003s. 3(1)(c).

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16

nurse means a person registered under the HealthPractitioner Regulation National Law topractise in the nursing and midwiferyprofession as a nurse (other than as amidwife or as a student);

officer —

(a) in relation to a body corporate which isa corporation within the meaning of theCorporations Act, has the samemeaning as in section 9 of that Act; and

(b) in relation to a body corporate which isnot a corporation within the meaning of that Act, means any person (bywhatever name called) who isconcerned in or takes part in themanagement of the body corporate—

but does not include an employee of thebody corporate;

paintball means a projectile that primarilyconsists of a dye or similar substancedesigned to mark a person or object;

paintball marker means a firearm that is designedto discharge a paintball;

paintball marker licence means a licence issued

under section 9(6);

percussion means a means of ignition in a firearmin which metallic chemical compounds orfulminates are used to ignite the mainpowder charge;

S. 3(1) def. ofnurse inserted byNo. 13/2010s. 51(Sch.item 23.3).

S. 3(1) def. ofofficer amended byNos 44/2001s. 3(Sch.item 45),

21/2008 s. 12.

S. 3(1) def. ofpaintball inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofpaintball marker inserted byNo. 78/2005s. 3(1)(a).

s. 3

S. 3(1) def. ofpaintball

marker licence inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofpercussion inserted byNo. 78/2005s. 3(1)(a).

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17

permit to acquire means a permit issued undersection 103;

pest animal has the same meaning as in theCatchment and Land Protection Act 1994 ;

* * * * *

possession in relation to a firearm, includes—

(a) actual physical possession of thefirearm; or

(b) custody or control of the firearm; or

(c) having and exercising access to thefirearm, either solely or in commonwith others;

prescribed State means a State which has been

prescribed for the purposes of the definitionof inter-State permit to acquire;

prescribed Territory means a Territory which hasbeen prescribed for the purposes of thedefinition of inter-State permit to acquire;

private security business means a business that iscarried on by the holder of a private security

business licence under Part 3 of the PrivateSecurity Act 2004 ;

S. 3(1) def. ofpest animal inserted byNo. 22/1998s. 4(g).

s. 3

S. 3(1) def. ofpest animal repealed byNo. 30/1999s. 32(a).

S. 3(1) def. ofprescribed State inserted byNo. 84/1997s. 42(a).

S. 3(1) def. ofprescribed Territory inserted byNo. 84/1997s. 42(a).

S. 3(1) def. ofprivate security business inserted byNo. 50/2007s. 3(1)(a).

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18

prohibited person means—

(a) a person who is serving a term of imprisonment for—

(i) an indictable offence; or

(ii) an assault; or

(iii) an offence under the Drugs,Poisons and ControlledSubstances Act 1981 ; or

(iiia) an offence under the Control of Weapons Act 1990 —

or, in relation to a person—

(iv) not more than 15 years haveexpired since the person finishedserving a term of imprisonment of 5 years or more for such anoffence; or

(v) not more than 5 years haveexpired since the person finishedserving a term of imprisonment of less than 5 years for such anoffence; or

(b) a person who is serving a term of imprisonment in another State or aTerritory for an offence of acorresponding nature to an offencelisted in paragraph (a) or in relation to aperson—

(i) not more than 15 years haveexpired since the person finishedserving a term of imprisonment inanother State or a Territory of 5 years or more for such anoffence; or

S. 3(1) def. ofprohibited person amended byNos 84/1997s. 42(b),22/1998 s. 4(f),30/1999 s. 30 ,28/2003s. 3(1)(i),50/2007s. 3(1)(g),52/2008 s. 245,68/2008 s. 70,53/2010s. 221(Sch.item 5.1),65/2011s. 107(Sch.items 6.1, 6.2).

s. 3

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19

(ii) or not more than 5 years haveexpired since that person finishedserving a term of imprisonment inanother State or a Territory of lessthan 5 years for such an offence;or

(ba) a person—

(i) who is serving a term of imprisonment for an offence undersection 321 or 321A of theCrimes Act 1958 ; or

(ii) in relation to whom, not more than10 years have expired since theperson finished serving a term of imprisonment for an offencespecified in subparagraph (i); or

(bb) a person—

(i) who is serving a term of

imprisonment in another State or aTerritory of the Commonwealthfor an offence of a correspondingnature to an offence specified inparagraph (ba)(i); or

(ii) in relation to whom, not more than10 years have expired since theperson finished serving a term of imprisonment in another State or aTerritory of the Commonwealthfor an offence specified inparagraph (ba)(i); or

s. 3

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20

(c) a person who is subject to—

(i) a final order under the FamilyViolence Protection Act 2008that does not include conditionscancelling or revoking a licence,permit or authority under this Act,or an order of a correspondingnature made in another State or aTerritory; or

(ia) a final order under the FamilyViolence Protection Act 2008 that does include conditionscancelling or revoking a licence,permit or authority under this Act,or an order of a correspondingnature made in another State or aTerritory; or

(ib) a final order under the PersonalSafety Intervention Orders Act

2010 that does not cancel orsuspend a licence, permit orauthority under this Act, or anorder of a corresponding naturemade in another State or aTerritory; or

(ic) a final order under the PersonalSafety Intervention Orders Act2010 that does cancel or suspend alicence, permit or authority under

this Act, or an order of acorresponding nature made inanother State or a Territory; or

(ii) an old community-based order,within the meaning of clause 1 of Schedule 3 to the Sentencing Act1991 ; or

s. 3

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22

protective services officer means a protectiveservices officer under Part VIA of the PoliceRegulation Act 1958 ;

provisional general category handgun licence means a provisional licence issued undersection 58A;

public place has the same meaning as it has insection 3 of the Summary Offences Act1966 ;

pump action shotgun means a shotgun which is,or has been at any time, constructed with anaction which includes a moveable forearm orfore-end which is manually activated by amotion parallel to the barrel by the person

using the gun; registered means registered under Part 5;

registered medical practitioner means a personregistered under the Health PractitionerRegulation National Law to practise in themedical profession (other than as a student);

S. 3(1) def. ofprovisional general category handgun licence inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofpublic place inserted byNo. 25/2009s. 8(b).

S. 3(1) def. ofregistered inserted byNo. 28/2003s. 3(1)(c).

s. 3

S. 3(1) def. ofregistered medical practitioner substituted byNos 97/2005s. 182(Sch. 4item 20(a)),

13/2010s. 51(Sch.item 23.1(a)).

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23

* * * * *

registered psychologist means a person registeredunder the Health Practitioner RegulationNational Law to practise in the psychologyprofession (other than as a student);

responsible person means—(a) in the case of a body corporate, any

officer of the body corporate or theperson nominated in an application fora licence by a body corporate underPart 2 or 3; or

(b) in the case of a Department—

(i) the person authorised by theDepartment Head to make anapplication for a licence underPart 2; or

(ii) the person nominated in anapplication for a licence on behalf of a Department under Part 2;

S. 3(1) def. ofregistered nurse substituted byNo. 97/2005s. 182(Sch. 4item 20(b)),repealed byNo. 13/2010s. 51(Sch.item 23.2).

S. 3(1) def. ofregistered psychologist substituted byNo. 41/2000s. 102(Sch.item 4),amended byNo. 97/2005s. 182(Sch. 4item 20(c)),substituted byNo. 13/2010s. 51(Sch.item 23.1(b)).

s. 3

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24

restricted ammunition , in relation to a handgun,means any ammunition for use in thehandgun that—

(a) is not factory manufactured; or

(b) is not recommended by themanufacturer of the handgun as beingappropriate for that handgun; or

(c) is a magnum load or a full metal case

projectile; semi-automatic when used to describe a rifle or

shotgun, means a rifle or shotgun which isconstructed or has been, at any time,constructed so that—

(a) each bullet or missile is discharged by aseparate application of pressure to thetrigger; and

(b) the energy of the discharge is used aspart of the reloading cycle of the rifle orshotgun (as the case may be);

serial number , of a firearm, means a number thatenables the firearm to be individuallyidentified that has been—

(a) assigned to the firearm by itsmanufacturer; or

(b) stamped or otherwise affixed to thefirearm in accordance withsection 119A or 119B;

shooting gallery means any room, gallery, saloon,land or premises used with the permission of a Council (within the meaning of the LocalGovernment Act 1989 ) for the purpose of practising shooting with airguns, other thanpaintball guns, whether on payment orotherwise;

S. 3(1) def. ofrestricted ammunition inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofserial number inserted byNo. 52/2010s. 3(1)(b).

s. 3

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25

silencer means any instrument or thing by meansof which the sound caused by the dischargeof a firearm is rendered less audible, whetherthe instrument or thing forms part of thefirearm or is or can be affixed or attached tothe firearm;

single shot antique handgun means an antiquehandgun that is a black powder handgun thatis capable of firing one shot only before

requiring reloading;

spouse of a person means a person to whom theperson is married;

term of imprisonment includes—

(a) a term that is suspended wholly orpartly; and

(b) any term of imprisonment that is servedby way of intensive correction in thecommunity within the meaning of theSentencing Act 1991 as in force beforethe commencement of section 15 of theSentencing Amendment (CommunityCorrection Reform) Act 2011 ; and

(c) any period during which a person hasbeen released on parole under theCorrections Act 1986 ; and

(d) any period of detention in a youth justice centre;

vehicle includes motor vehicle, aircraft and vessel;

S. 3(1) def. ofsingle shot antique handgun inserted byNo. 78/2005s. 3(1)(a).

S. 3(1) def. ofspouse inserted byNo. 72/2001s. 3(Sch.item 8.1).

S. 3(1) def. ofterm of imprisonment amended byNos 48/2006s. 42(Sch.item 14),25/2009s. 8(a),65/2011s. 107(Sch.item 6.3).

S. 3(1) def. ofvehicle inserted byNo. 25/2009s. 8(b),amended byNo. 52/2010s. 3(1)(d).

s. 3

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26

work purposes in Victoria , in relation to therequirement to hold a firearm licence, meansthat the applicant or the holder of the licence,as the case may be—

(a) is required under a contract of employment or a contract for servicesto hold a Victorian firearm licence; or

(b) in the normal course of conducting abusiness is required to hold a Victorianfirearm licence.

(1A) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the samemeaning as in the Relationships Act 2008 ;and

(b) in determining whether persons who are notin a registered relationship are domesticpartners of each other, all the circumstances

of their relationship are to be taken intoaccount, including any one or more of thematters referred to in section 35(2) of theRelationships Act 2008 as may be relevantin a particular case; and

(c) a person is not a domestic partner of anotherperson only because they are co-tenants.

* * * * *

(3) For the purposes of this Act, in determiningwhether a particular offence is a first offence, anyother offence in respect of which a conviction wasrecorded or a finding of guilt was made 10 yearsor more before the commission of the particularoffence, is to be disregarded.

S. 3(1) def. ofwork purposes in Victoria inserted byNo. 52/2010s. 3(1)(b).

S. 3(1A)inserted byNo. 72/2001s. 3(Sch.item 8.2),substituted byNo. 12/2008s. 73(1)(Sch. 1item 23.2).

S. 3(2)amended byNo. 50/2007s. 3(2),repealed byNo. 52/2010s. 3(2).

s. 3

S. 3(3)inserted byNo. 28/2003s. 3(2).

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27

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

(a) in the case of any such firearm that is alongarm—

(i) it does not take cartridge ammunition;or

(ii) if it does take cartridge ammunition, thecartridge ammunition that it takes is not

commercially available; or(b) the firearm—

(i) is not a handgun of a type that usespercussion, or methods developedduring or after the development of percussion, as a means of ignition; or

(ii) is a single shot antique handgun.

3A Temporary declarations by the Chief Commissionerfor the purposes of certain definitions

(1) The Chief Commissioner may, for the purposesof—

(a) paragraph (f) of the definition of category Dlongarm ; or

(b) paragraph (c) of the definition of category E handgun ; or

(c) paragraph (f) of the definition of category Elongarm —

in consultation with the Minister, by instrument,declare a firearm or type of firearm to be acategory D longarm, a category E handgun or acategory E longarm (as the case may be).

(2) The Chief Commissioner must cause a declarationmade under subsection (1) to be published in theGovernment Gazette as soon as practicable afterthe declaration is made.

S. 3(4)inserted byNo. 28/2003s. 3(2).

S. 3(4)(b)amended byNo. 78/2005s. 3(2),substituted byNo. 50/2007s. 3(3).

S. 3A(Heading)amended byNo. 21/2008s. 8.S. 3Ainserted byNo. 50/2007s. 4.

s. 3A

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(3) A declaration under subsection (1) remains inforce for a period of 12 months from the day onwhich it is published unless it is revoked duringthat time by the Chief Commissioner.

(4) The Chief Commissioner must notify each personwhom the Chief Commissioner is aware is inpossession of a firearm to which a declarationunder subsection (1) applies of the declaration.

(5) The Chief Commissioner must not make adeclaration referred to in subsection (1) in respectof the same type of firearm more than once.

(6) If the Chief Commissioner makes a declarationunder subsection (1) declaring a firearm or a typeof firearm to be of a particular category and thereis in force a regulation prescribing anothercategory for the firearm or type of firearm—

(a) the declaration has effect despite theregulation; and

(b) the regulation is to be taken to have no forceor effect for so long as the declaration is inforce.

(7) In any proceeding for an offence undersection 6(4), 6(5) or 7(2) in respect of a firearmthat is declared to be a category D longarm, acategory E handgun or a category E longarm, it isa defence to the charge if the person has not beennotified by the Chief Commissioner of thedeclaration under subsection (4).

3B Permanent declarations by the Chief Commissionerfor the purposes of certain definitions

(1) The Chief Commissioner, by instrument, maydeclare a firearm or type of firearm that wouldotherwise be a category A longarm, category Blongarm or category C longarm to be—

S. 3Binserted byNo. 21/2008s. 9.

s. 3B

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29

(a) a category D longarm; or

(b) a category E longarm—

if the Chief Commissioner is satisfied that thefirearm or type of firearm subject to thedeclaration is designed or adapted for militarypurposes, or substantially duplicates a firearm of that type in design, function or appearance.

(2) In choosing whether a firearm or type of firearm is

to be declared a category D longarm or category Elongarm, the Chief Commissioner must haveregard to which of those categories the firearm ortype of firearm most closely resembles.

(3) The Chief Commissioner must cause a declarationunder subsection (1) to be published in theGovernment Gazette as soon as practicable afterthe declaration is made.

(4) A declaration under subsection (1) takes effect onthe day it is published in the Government Gazette

or on the later day specified in the declaration.(5) The Chief Commissioner must notify each person

whom the Chief Commissioner is aware is inpossession of a firearm to which a declarationunder subsection (1) applies of the declaration.

(6) If the Chief Commissioner makes a declarationunder subsection (1) declaring a firearm or a typeof firearm to be a category D longarm or acategory E longarm, the firearm or type of firearmis, for the purposes of this Act, taken to be a

firearm or type of firearm of that category only,despite anything to the contrary in section 3 or 3Aor the regulations.

(7) In any proceeding for an offence undersection 6(4) or 6(5) in respect of a firearm that isdeclared under subsection (1) to be a category Dlongarm or a category E longarm, it is a defence tothe charge if the person has not been notified by

s. 3B

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the Chief Commissioner of the declaration undersubsection (5).

4 Act binds the Crown

This Act binds the Crown in right of Victoria and,so far as the legislative power of the Parliamentpermits, the Crown in all its other capacities.

_______________

s. 4

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Part 2—Possession, Carriage or Use of Firearms and Related Items


32

(2) A non-prohibited person must not possess, carryor use a category B longarm that is registeredunless that person does so under and inaccordance with a licence issued under this Part.

Penalty: 120 penalty units or 2 yearsimprisonment.

(3) A non-prohibited person must not possess, carryor use a category C longarm that is registeredunless that person does so under and inaccordance with a licence issued under this Part.


(4) A non-prohibited person must not possess, carryor use a category D longarm that is registeredunless that person does so under and inaccordance with a licence issued under this Part.


(5) A non-prohibited person must not possess, carryor use a category E longarm that is registeredunless that person does so under and inaccordance with a licence issued under this Part.


(5A) A non-prohibited person must not possess carry oruse a paintball marker unless that person does sounder and in accordance with a licence issuedunder this Part.


S. 6(2)amended byNo. 28/2003s. 5(2).

S. 6(3)amended byNo. 28/2003s. 5(3) .

s. 6

S. 6(4)amended byNo. 28/2003s. 5(4).

S. 6(5)amended byNo. 28/2003s. 5(5) .

S. 6(5A)inserted byNo. 78/2005s. 4.

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(6) A non-prohibited person must not possess, carryor use a longarm that is not a category A, B, C, Dor E longarm.


6A Offence to possess, carry or use an unregisteredlongarm

(1) A non-prohibited person must not possess, carryor use a category A or category B longarm that isnot registered.

Penalty: For a first offence, 120 penalty units or2 years imprisonment;

For a second or subsequent offence,1200 penalty units or 10 yearsimprisonment.

(2) A non-prohibited person must not possess, carry

or use a category C or category D longarm that isnot registered.



(3) A non-prohibited person must not possess, carryor use a category E longarm that is not registered.

Penalty:

For a first offence, 600 penalty units or7 years imprisonment;


S. 6(6)substituted byNo. 28/2003s. 5(6).

S. 6Ainserted byNo. 28/2003s. 6.

s. 6A

S. 6A(1)amended byNo. 29/2011s. 3(Sch. 1item 38.1(a)).

S. 6A(2)amended by

No. 29/2011s. 3(Sch. 1item 38.1(b)).

S. 6A(3)amended byNo. 29/2011s. 3(Sch. 1

item 38.1(c)).

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(4) A non-prohibited person must not possess, carryor use a paintball marker that is not registered.



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 forpurposes other than the purpose of collectinghandguns, unless that person does so under and inaccordance with a licence issued under Division 3or 5 of this Part.


(2) A non-prohibited person must not possess, carryor use a registered category E handgun forpurposes other than the purpose of collectinghandguns, unless that person does so under and inaccordance with a licence issued under Division 3of this Part.


(3) A non-prohibited person must not possess, carryor use a registered general category handgun, thatwas manufactured before 1 January 1947, for thepurpose of collecting handguns, unless that persondoes so under and in accordance with a licenceissued under section 21 or section 25.


S. 6A(4)inserted byNo. 78/2005s. 5.

S. 7substituted by

No. 28/2003s. 7.

s. 7

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35

(4) A non-prohibited person must not possess, carryor use a registered category E handgun for thepurpose of collecting handguns unless that persondoes so under and in accordance with a licenceissued under section 21 or section 25.


(5) A non-prohibited person must not possess, carryor use a registered general category handgun, thatwas manufactured on or after 1 January 1947, forthe purpose of collecting handguns, unless thatperson does so under and in accordance with alicence issued under section 21A.


(6) A non-prohibited person must not possess, carryor use a registered category E handgun, that wasmanufactured on or after 1 January 1947, for thepurpose of collecting handguns, unless that persondoes so under and in accordance with a licenceissued under section 21A.


7A Offences for certain types of handguns

(1) A person who is the holder of a handgun targetshooting licence must not possess, carry or use—

(a) unless authorised by the Chief Commissioner under subsection (2), anyhandgun that has a barrel length of—

S. 7A(Heading)substituted byNo. 78/2005s. 6(1).S. 7Ainserted byNo. 28/2003

s. 8.

s. 7A

S. 7A(1)amended byNo. 78/2005s. 6(2).

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36

(i) in the case of a semi-automatichandgun, less than 120 mm; or

(ii) in the case of a revolver or single shothandgun, less than 100 mm; or

(b) unless authorised by the Chief Commissioner under subsection (4) anyhandgun that has a calibre of more than·45 inch; or

(c) unless authorised by the Chief Commissioner under subsection (4), anyhandgun that has a calibre of more than·38 inch but not more than ·45 inch; or

(d) a handgun that has a magazine with acapacity of more than 10 rounds.


(2) Upon application by a person who is the holder of,or an applicant for, a handgun target shootinglicence, the Chief Commissioner may authorisethe applicant to possess, carry or use a generalcategory 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 shothandgun, of less than 100 mm.

(3) In granting an authorisation under subsection (2)the Chief Commissioner may have regard to—

(a) whether or not the handgun is required forparticipation in approved handgun targetshooting matches; and

(b) the experience of the applicant in the use of handguns for target shooting; and

S. 7A(2)amended byNo. 78/2005s. 6(3).

S. 7A(3)(a)amended byNo. 78/2005s. 6(4).

s. 7A

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37

(c) whether or not the handgun is appropriate forpossession, carriage or use for targetshooting; and

(d) the general size, appearance and othercharacteristics 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 handgun target shooting

licence, the Chief Commissioner may authorisethe applicant to possess, carry or use a generalcategory handgun—

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

(b) that has a calibre of more than ·38 inch butnot more than ·45 inch.

(5) In granting an authorisation under subsection (4)the Chief Commissioner may have regard to—

(a) whether or not the handgun is required for

participation in approved handgun targetshooting 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 applicantbelongs or at which the applicant intends touse the handgun is adapted to enableammunition that may be used in a firearm of the calibre applied for to be usedappropriately and safely; and

(d) whether or not the handgun is appropriate forpossession, carriage or use for targetshooting; and

(e) the general size, appearance and othercharacteristics of the handgun; and

(f) any other relevant matter.

S. 7A(4)amended byNo. 78/2005s. 6(5).

S. 7A(5)(a)amended by

No. 78/2005s. 6(6)(a).

S. 7A(5)(c)amended byNo. 78/2005s. 6(6)(b).

s. 7A

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(6) This section does not apply to a black powderhandgun.

(7) This section does not apply to a person who is theholder of a handgun target shooting licence—

(a) who possesses, carries or uses a generalcategory handgun, that is of a class to whichsubsection (1)(a), (b) or (c) applies, on an

approved shooting range for the purpose of determining whether or not to purchase thehandgun or apply for an authorisation underthis section for the handgun; or

(b) who possesses, carries or uses a generalcategory handgun, that is of a class to whichsubsection (1)(a), (b) or (c) applies, in anapproved handgun target shooting match atan approved shooting range as the result of the malfunction of another handgun beingused by that person in that match; or

(c) who possesses, carries or uses a generalcategory handgun, that is of a class to whichsubsection (1)(a), (b) or (c) applies, for thepurposes of instructing another person in theuse of the handgun; or

(d) who possesses a general category handgun,that is of a class to which subsection (1)(a),(b) or (c) applies, for the purposes of storingthe handgun.

S. 7A(6)substituted byNo. 78/2005s. 6(7).

S. 7A(7)inserted byNo. 78/2005s. 6(7).

s. 7A

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7B Offence to possess, carry or use an unregisteredhandgun

(1) A person must not possess, carry or use a generalcategory handgun that is not registered.


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 unitsor 14 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.


(2) Subsection (1) does not apply if, in respect of anyone of the 10 firearms, the person has given anotice to the Chief Commissioner undersection 115.

(3) A person who is convicted or found guilty of anoffence against subsection (1) is not liable to beconvicted or found guilty of an offence againstsection 5(1), section 6A(1), (2) or (3) orsection 7B(1) or (2) in respect of possession of thesame firearms at the same time.


s. 7B

S. 7B(1)amended byNo. 29/2011s. 3(Sch. 1item 38.2(a)).

S. 7B(2)amended byNo. 29/2011s. 3(Sch. 1item 38.2(b)).

S. 7Cinserted by

No. 28/2003s. 8.

S. 7C(3)amended byNo. 12/2012s. 9.

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8 Offence to acquire, dispose of possess or carrycartridge ammunition for collections

A person must not acquire, dispose of, possess orcarry cartridge ammunition for the purposes of collecting cartridge ammunition unless that persondoes so under and in accordance with a licenceissued under this Part.

Penalty: 60 penalty units or 12 monthsimprisonment.

8A Proof of registration of firearm

In any proceedings for an offence under this Act,evidence that—

(a) a firearm does not have a serial number; or

(b) the serial number of a firearm has beenerased, defaced or altered; or

(c) the serial number of a firearm is illegible—

is admissible to establish that the firearm is notregistered and, in the absence of evidence to thecontrary, is proof of that fact.

Division 2—Longarm licences

9 Issue of longarm licences

(1) The Chief Commissioner may licence a person topossess, carry or use registered category Alongarms for the reason specified in the licence.

(2) The Chief Commissioner may licence a person to

possess, carry or use registered category Blongarms for the reason specified in the licence.

S. 8amended byNo. 22/1998s. 43(Sch.item 1).


s. 8

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(b) not more than one registered category Dlongarm, being a shotgun—

for the reason specified in the licence.

(5) The Chief Commissioner may licence a person topossess, carry or use one or more category Elongarms for the reason specified in the licence.

(6) The Chief Commissioner may licence a person topossess, carry or use a registered paintball marker

for the reason specified in the licence.10 Reasons for applying for longarm licence,

category A or B

(1) The Chief Commissioner must not issue alongarm licence for category A or B longarmsunless the applicant can demonstrate that thelicence is required for one or more of thefollowing reasons—

(a) for sport or target shooting;

(b) for hunting;(c) for primary production;

(d) for the occupation of security guard or prisonguard;

(e) for an official, commercial or prescribedpurpose or for a purpose authorised by anAct or regulations.

(2) For the purpose of demonstrating that the licenceis required for—

(a) sport or target shooting—(i) the applicant must be a member of a

shooting club or shooting organisationwhich is approved by the Chief Commissioner; and

s. 10

S. 9(6)inserted byNo. 78/2005s. 7.

S. 10(1)(e)amended byNo. 22/1998s. 5(1).

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(ii) the applicant must engage in sport ortarget shooting only at a place which isauthorised by or under this Act as aplace at which sport or target shootingusing category A or B longarms maytake place;

(b) hunting, the applicant must—

(i) produce written evidence that theapplicant owns, occupies or managesthe land on which he or she intends tohunt; or

(ia) the applicant must be a member of ashooting club or shooting organisationwhich is approved by the Chief Commissioner; or

(ii) produce written evidence from theowner or manager of any privatelyowned land on which he or she intendsto hunt that he or she may be permittedfrom time to time to use that land forthe purposes of hunting; or

(iii) if the applicant is the holder of a gamelicence issued under the Wildlife Act1975 , produce the licence; or

(iv) produce written evidence that he or sheis from time to time formallyemployed, engaged or contracted toshoot pest animals or take game; or

(v) produce written permission to hunt pestanimals on Crown land, from theSecretary to the Department of NaturalResources and Environment or fromany person nominated by the Secretaryto give that permission;

S. 10(2)(a)(ii)amended byNo. 22/1998s. 5(2)(a),substituted byNo. 78/2005s. 8(1).

s. 10

S. 10(2)(b)(ia)inserted byNo. 78/2005s. 8(2).

S. 10(2)(b)(iv)amended byNo. 22/1998s. 5(2)(b).

S. 10(2)(b)(v)inserted byNo. 22/1998s. 5(2)(b).

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(c) primary production, the applicant mustproduce evidence that he or she is regularlyengaged in the business of primaryproduction as an owner, lessee or manager of land used for the primary production or is aperson employed for the purposes of such abusiness;

(d) the occupation of security or prison guard,the applicant must—

(i) hold a licence under the PrivateSecurity Act 2004 that authorises himor her to perform armed guard activitiesor cash-in-transit activities or be aprison officer, a contractor or a sub-contractor within the meaning of theCorrections Act 1986 or an employeeof such a contractor or sub-contractor;and

(ii) produce evidence that the applicant has

a genuine need for the licence becausethe duties he or she performs as asecurity guard, prison officer,contractor, sub-contractor or employeeare such as to require the carriage oruse of a category A or B longarm;

(e) for a purpose specified in subsection (1)(e),the applicant must produce evidence that thelicence is required for that purpose.

(3) The Chief Commissioner may approve anyshooting club or shooting organisation for thepurposes of subsection (2).

(4) A non-prohibited person who has made anapplication to the Chief Commissioner for anapproval under subsection (3) may apply to theCommittee for a review of a decision of the Chief Commissioner not to grant the approval or for a

S. 10(2)(d)(i)amended byNos 33/2004s. 207, 50/2007s. 5(a).

S. 10(2)(d)(ii)amended byNo. 50/2007s. 5(b).

S. 10(2)(e)substituted byNo. 22/1998s. 5(2)(c).

s. 10

S. 10(4)inserted byNo. 22/1998s. 5(3).

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review of a failure of the Chief Commissioner tomake the decision within a reasonable time.

(5) The Chief Commissioner may—

(a) impose conditions on any approval undersubsection (3); and

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

11 Reasons for applying for a longarm licence,category C

(1) The Chief Commissioner must not issue alongarm licence for category C longarms unless—

(a) the applicant can demonstrate that thelicence is required for one of the followingreasons—

(i) primary production;

(ii) professional hunting;

(iii) clay target shooting;(iv) an official, commercial or prescribed

purpose or for a purpose authorised byan Act or regulations;

(v) possessing a category C longarm, beinga shotgun, for carriage and use by theholder of a junior licence for thepurpose of clay target shooting; and

(b) the applicant has a genuine need to possess,carry or use a category C firearm whichrelates to the applicant's reason for requiringthe licence and which cannot be satisfied bya category A or B firearm or by other means.

S. 10(5)inserted byNo. 22/1998s. 5(3).

s. 11

S. 11(1)(a)(iv)amended byNos 26/1997s. 19(1)(a),22/1998s. 6(1).

S. 11(1)(a)(v)inserted byNo. 26/1997s. 19(1)(b).

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(2) For the purposes of demonstrating that the licenceis required for—

(a) primary production, the applicant mustproduce evidence that he or she issubstantially engaged in the business of primary production as an owner, lessee ormanager of land used for primary productionor is a person employed, full time, in such abusiness;

(b) professional hunting, the applicant mustproduce evidence that he or she issubstantially dependant on hunting as asource of income and enters into formalengagements or contracts to huntprofessionally;

(c) clay target shooting, the applicant must—

(i) be a member of a clay target shootingclub or organisation approved by theChief Commissioner; and

(ii) engage in clay target shooting only at aplace which is authorised by or underthis Act as a place at which clay targetshooting may take place; and

(iii) either—

(A) satisfy the Chief Commissionerthat he or she is physically unableto compete in clay target shootingcompetitions unless he or she uses

a category C longarm which is asemi-automatic or pump actionshotgun; or

(B) be a person who, on 15 November1996, possessed a semi-automaticor pump action shotgun registeredunder the Firearms Act 1958 foruse in clay target shooting and

S. 11(2)(c)(ii)substituted byNo. 22/1998s. 6(2)(a).

s. 11

S. 11(2)(c)(iii)(B)amended byNo. 22/1998s. 6(2)(b).

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who was, on that date, a memberof a club affiliated with theAustralian Clay TargetAssociation or the Victorian Fieldand Game AssociationIncorporated or the Field andGame Federation of AustraliaIncorporated; and

(iv) demonstrate other prescribed

requirements;(d) for a purpose specified in subsection

(1)(a)(iv), the applicant must produceevidence that the licence is required for thatpurpose;

(e) possessing a category C longarm, being ashotgun, for carriage and use by the holder of a junior licence for the purpose of clay targetshooting, the applicant must—

(i) demonstrate that the person who carriesand uses the longarm is the holder of a

junior licence and is a member of a claytarget shooting club or organisationapproved by the Chief Commissioner;and

(ii) be a member of a clay target shootingclub or organisation approved by theChief Commissioner;

(iii) demonstrate other prescribedrequirements.

(3) The Chief Commissioner may approve any claytarget shooting club or clay target shootingorganisation for the purposes of this Act.

(4) A non-prohibited person who has made anapplication to the Chief Commissioner for anapproval under subsection (3) may apply to theCommittee for a review of a decision of the Chief

S. 11(2)(d)substituted byNo. 22/1998s. 6(2)(c).

s. 11

S. 11(2)(e)inserted byNo. 26/1997s. 19(2).

S. 11(3)amended byNo. 26/1997s. 19(3).

S. 11(4)inserted byNo. 22/1998s. 6(3).

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Commissioner not to grant the approval or for areview of a failure of the Chief Commissioner tomake the decision within a reasonable time.



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

12 Reasons for applying for a longarm licence,category D

(1) The Chief Commissioner must not issue alongarm licence for category D longarms unless—

(a) the applicant can demonstrate that thelicence is required for one of the followingreasons—

(i) professional hunting;

(ii) an official, commercial or prescribedpurpose or for a purpose authorised byan Act or regulations; and

(b) in the case of an applicant who requires thelicence for professional hunting, the Chief Commissioner is satisfied that the quarry theapplicant proposes to hunt cannot be huntedwith any category of firearm other than acategory D longarm.

(2) For the purposes of demonstrating that the licenceis required for—

(a) professional hunting, the applicant mustproduce evidence that he or she issubstantially dependant on hunting as asource of income and enters into formalengagements or contracts to huntprofessionally;

S. 11(5)inserted byNo. 22/1998s. 6(3).

s. 12

S. 12(1)(a)(ii)amended byNo. 22/1998s. 7(a).

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(b) for a purpose specified in subsection(1)(a)(ii), the applicant must produceevidence that the licence is required for thatpurpose.

13 Reasons for applying for a longarm licence,category E

(1) The Chief Commissioner must not issue alongarm licence for category E longarms unless—

(a) the applicant can demonstrate that thelicence is required for an official,commercial or prescribed purpose or for apurpose authorised by an Act or regulations;and

(b) if the application is in respect of more thanone category E longarm, the applicant candemonstrate a compelling reason for morethan one such longarm to be possessed,carried or used under the licence.

(2) For the purposes of demonstrating that the licenceis required for a purpose specified in subsection(1)(a), the applicant must produce evidence thatthe licence is required for that purpose.

13A Reasons for applying for paintball marker licence

The Chief Commissioner must not issue apaintball marker licence unless the applicant candemonstrate that the licence is required for thepurpose of engaging in activities that require theuse of paintball markers at a location approved by

the Chief Commissioner.14 Conditions applying to longarm licences

(1) A longarm licence for a category A or B longarmis subject to—

(a) the general conditions specified in items 1, 2and 3 of Schedule 1; and

S. 12(2)(b)substituted byNo. 22/1998s. 7(b).

s. 13

S. 13(1)(a)amended byNo. 22/1998s. 8(1).



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(b) the special conditions specified in item 1 of Schedule 2; and

(c) any other conditions imposed on the licenceor the category of licence by the Chief Commissioner.

(2) A longarm licence for a category C longarm issubject to—

(a) the general conditions specified in items 1, 2

and 3 of Schedule 1; and(b) the special conditions specified in item 2 of

Schedule 2; and


(3) A longarm licence for a category D longarm issubject to—

(a) the general conditions specified in items 1, 2

and 3 of Schedule 1; and(b) any other conditions imposed on the licence

or the category of licence by the Chief Commissioner.

(4) A longarm licence for a category E longarm issubject to—


(b) any other conditions imposed on the licence

or the category of licence by the Chief Commissioner.

(5) A paintball marker licence is subject to—


s. 14

S. 14(5)inserted byNo. 78/2005s. 10.

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(b) any other conditions imposed on the licenceor category of licence by the Chief Commissioner.

Division 3—Handgun licences

15 Issue of handgun licences for general categoryhandguns

(1) The Chief Commissioner may licence a person topossess, carry or use general category handgunsfor all or any of the following reasons—

(a) for the occupation of security guard or prisonguard;

(ab) for the carrying on of a private securitybusiness that provides the services of armedguard activities or cash-in-transit activities;

(b) for target shooting;

(c) for an official, commercial or prescribedpurpose or for a purpose authorised by anAct or regulations;

(d) for possessing or carrying a general categoryhandgun, for carriage and use by the holderof a junior handgun target shooting licence inaccordance with the licence of that holder.

(2) For the purpose of demonstrating that the licenceis required for—

(a) the occupation of security guard or prisonguard, the applicant must—

(i) hold a licence under the PrivateSecurity Act 2004 that authorises theapplicant to perform armed guardactivities or cash-in-transit activities or

S. 15(Heading)inserted byNo. 28/2003s. 9(1).

s. 15

S. 15(1)amended byNos 28/2003s. 9(2),50/2007s. 6(1)(a).

S. 15(1)(ab)inserted byNo. 50/2007s. 6(1)(b).

S. 15(1)(c)amended byNos 22/1998s. 9(1)(a),78/2005s. 11(1).

S. 15(1)(d)inserted byNo. 78/2005s. 11(2).

S. 15(2)(a)(i)amended byNos 33/2004s. 207, 50/2007s. 6(2)(a).

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be a prison officer, a contractor or asub-contractor, within the meaning of the Corrections Act 1986 , or anemployee of such a contractor or sub-contractor; and

(ii) in the case of an applicant who is anatural person, produce evidence thatthe applicant has a genuine need for thelicence because the duties he or she

performs as a security guard, prisonofficer, contractor, sub-contractor oremployee are such as to require thecarriage and use of a general categoryhandgun; and

(iii) in the case of a person who carries on aprivate security business that providesthe services of armed guard activities orcash-in-transit activities, produceevidence that the applicant has a

genuine need for the licence becausethe nature of the private securitybusiness the person carries on is such asto require the carriage and use of one ormore general category handguns;

(b) target shooting—

(i) the applicant must be and continue tobe a member of an approved handguntarget shooting club; and

(ii) if the applicant is not, at the time of theapplication, the holder of a licence inanother State or a Territory of theCommonwealth that authorises thepossession, carriage or use of handgunsfor the reason of target shooting, theapplicant must, for the period of 6 months immediately preceding the

S. 15(2)(a)(ii)amended byNos 28/2003s. 9(3)(a),29/2006s. 3(Sch. 1

item 11),50/2007s. 6(2)(b).

s. 15

S. 15(2)(a)(iii)inserted byNo. 50/2007s. 6(2)(c).

S. 15(2)(b)substituted byNo. 28/2003s. 9(3)(b).

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application, have been a member of thatclub;

(c) for a purpose specified in subsection (1)(c),the applicant must produce evidence that thelicence is required for that purpose;

(d) for the purpose specified in subsection(1)(d), the applicant must demonstrate thatthe person who carries and uses the generalcategory handgun is the holder of a juniorlicence.

(3) In the case of a person who is applying for ahandgun licence for general category handgunsfor the reason of target shooting, the Chief Commissioner must not issue such a licence tothat person unless a nominated officer of anapproved handgun target shooting club of which

the person is a member has, on behalf of the club,endorsed the application.

(4) In issuing a handgun security guard licence underthis section the Chief Commissioner—

(a) in the case of an employee of a privatesecurity business, must not issue the licencefor more than one general category handgun;and

(ab) in the case of an operator of a privatesecurity business, must not issue the licencefor more general category handguns than are,in the opinion of the Chief Commissioner,

S. 15(2)(c)substituted byNo. 22/1998s. 9(1)(b),amended byNo. 78/2005s. 11(3)(a).

s. 15

S. 15(2)(d)inserted byNo. 78/2005s. 11(3)(b).


S. 15(4)inserted byNo. 22/1998s. 9(2),repealed byNo. 28/2003s. 9(5), news. 15(4)inserted byNo. 78/2005s. 11(4).

S. 15(4)(a)amended byNo. 50/2007s. 6(3).

S. 15(4)(ab)inserted byNo. 50/2007s. 6(4).

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reasonably necessary for the operation of thebusiness; and

(b) where the holder of the licence is employedas a security guard, must not issue thelicence for a handgun that is not registered tothe person who employs the holder as asecurity guard; and

(c) must not issue, unless the Chief Commissioner reasonably believes that thereis an exceptional and legitimate reason fordoing so, a licence for a handgun that is—

(i) a semi-automatic handgun with acalibre of more than ·40 inch; or

(ii) a revolver or single shot handgun witha calibre of more than ·38 inch.

* * * * *

16 Conditions applying to handgun licences

(1) A handgun licence is subject to—




(2) If a person is the holder of a handgun targetshooting licence, the licence is subject to thefollowing conditions—

S. 15(4)(b)amended byNo. 78/2005s. 64(a).

S. 15(4)(c)inserted byNo. 78/2005s. 64(b).

S. 15(5)inserted byNo. 22/1998s. 9(2) ,repealed byNo. 28/2003s. 9(6).

S. 16amended byNo. 28/2003s. 10 (ILAs. 39B(1)).

s. 16

S. 16(2)inserted byNo. 28/2003s. 10,amended byNo. 78/2005s. 12(1).

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

(b) if the holder is a member of more than oneapproved handgun target shooting club, theholder must nominate one such club to be hisor her principal club.

(3) A handgun target shooting licence under whichthe holder possesses, carries or uses generalcategory handguns is subject to the condition thatin each calendar year for which the holder holdsthe licence, for the number of specified classes of handgun possessed, carried or used under thelicence, he or she must, on at least 10 separatedays, participate in at least the total number of—

(a) handgun target shoots; or

(b) approved handgun target shooting matches;or

(c) a combination of the number of handguntarget shoots and handgun target shootingmatches—

set out in column 2 of the Table opposite thenumber of specified classes of handgun possessed,carried or used set out in column 1 of the Table.

TABLE

Column 1 Column 2

Number of specified classesof handgun possessed,carried or used

Total number of handguntarget shoots or matchesor combination of both

1 10

2 10

3 12

4 16

S. 16(3)

inserted byNo. 28/2003s. 10,amended byNos 107/2003s. 3(1),78/2005s. 12(2),substituted byNo. 12/2012s. 10(1).

s. 16

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(4) Of the number of matches and shoots that theholder of a handgun target shooting licence isrequired to participate in under subsection (3) inany calendar year—

(a) at least 6 must be approved handgun targetshooting matches; and

(b) at least 4 must be participated in for eachspecified class of handgun; and

(c) participation may be either as a competitor,supervisor, competition judge or rangeofficer but at least 6 must be participated inas a competitor.

* * * * *

* * * * *

(7) For the purposes of this section, a person whoconducts a handgun safety course, that is of aclass of such courses that has been approved bythe Chief Commissioner, is deemed to havecompeted in an approved handgun target shootingmatch.

S. 16(4)inserted byNo. 28/2003s. 10,substituted byNo. 12/2012s. 10(1).

S. 16(5)inserted byNo. 28/2003s. 10,amended byNos 107/2003s. 3(2),78/2005s. 12(3),50/2007 s. 7,

repealed byNo. 12/2012s. 10(1).

s. 16

S. 16(6)inserted byNo. 28/2003s. 10,repealed byNo. 12/2012s. 10(1).

S. 16(7)inserted byNo. 28/2003s. 10.

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(b) the class of general category handgun that iscomprised by those handguns that do notform part of any class of handgun prescribedunder paragraph (a).

(10) For the purposes of this section, an approvedhandgun target shooting match or a handguntarget shoot that takes place on more than one dayis to be taken to be, for each day on which thematch or shoot takes place, a separate match or

shoot.(11) This section (other than subsection (1)) does not

apply to—

(a) the holder of a handgun target shootinglicence, where that person does not possess ahandgun under that licence; or

(b) a person, where that person possesses andcarries a handgun under a licence issuedunder section 15(1)(d); or

(c) the holder of a handgun target shootinglicence which is not a natural person.

(12) The Chief Commissioner may recognise—

(a) a handgun target shooting match conductedin another State or a Territory or a placeoutside Australia to be an approved handguntarget shooting match; or

(b) a handgun target shoot conducted in anotherState or a Territory or a place outsideAustralia to be a handgun target shoot thatcomplies with subsection (8)(a).

S. 16(10)inserted byNo. 78/2005s. 12(6).

S. 16(11)inserted byNo. 78/2005s. 12(6).

s. 16

S. 16(12)inserted byNo. 52/2010s. 5(2).

S. 16(12)(a)amended byNo. 12/2012s. 10(3).

S. 16(12)(b)amended byNo. 12/2012s. 10(3).

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(13) The participation by a person in a handgun targetshooting match conducted in another State or aTerritory or a place outside Australia that theChief Commissioner has recognised undersubsection (12)(a) does not count as participationin an approved handgun target shooting match forthe purposes of this section and section123C(1)(c) unless the Chief Commissioner issatisfied that the person participated in thathandgun target shooting match.

(14) The participation by a person in a handgun targetshoot conducted in another State or a Territory ora place outside Australia that the Chief Commissioner has recognised under subsection(12)(b) does not count as participation in ahandgun target shoot for the purposes of thissection unless the Chief Commissioner is satisfiedthat the person participated in that handgun targetshoot.

(15) A person who participates in a handgun targetshooting match or a handgun target shootconducted in another State or a Territory or aplace outside Australia must provide evidence of the participation and details of each weapon usedto the approved handgun target shooting club of which the person is a member or, if the person is amember of more than one such club, the clubwhich has been nominated by the person as his orher principal club.

Note

Under section 123C a handgun target shooting club mustreport to the Chief Commissioner the participation by itsmembers in any handgun target shooting matches orhandgun target shoots conducted in another State or aTerritory or a place outside Australia.

S. 16(13)inserted byNo. 52/2010s. 5(2),amended byNo. 12/2012s. 10(4).

s. 16



Note to

s. 16(15)amended byNo. 12/2012s. 10(7).

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(16) The Chief Commissioner may, at any time beforedeciding whether or not a person has participatedin a handgun target shooting match or a handguntarget shoot conducted in another State or aTerritory or a place outside Australia, require theperson to produce evidence of that participation.

16A Issue of handgun licences for category E handguns

(1) The Chief Commissioner may licence a person topossess, carry or use category E handguns for thereason specified in the licence.

(2) The Chief Commissioner must not issue a licencefor category E handguns unless—

(a) the applicant can demonstrate that thelicence is required for an official,commercial or prescribed purpose or for apurpose authorised by an Act or regulations;and

(b) if the application is in respect of more than

one category E handgun, the applicant candemonstrate a compelling reason for morethan one such handgun to be possessed,carried or used under the licence.

(3) For the purposes of demonstrating that the licenceis required for a purpose specified in subsection(2)(a), the applicant must produce evidence thatthe licence is required for that purpose.

16AA Power of Chief Commissioner to modifyparticipation condition

(1) The Chief Commissioner may on application bythe holder of a handgun target shooting licence,vary the number of approved target shootingmatches or handgun target shoots that the holderis required to participate in under this Act, if theChief Commissioner is satisfied that—



s. 16A

S. 16AAinserted byNo. 78/2005

s. 13.

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(ab) if the applicant is not ordinarily resident inVictoria unless—

(i) the Chief Commissioner is satisfied thatthe applicant requires the licence forwork purposes in Victoria; and

(ii) the applicant is not a person to whomsection 185(2A) or (2B) applies; or

(b) if the applicant or any responsible person in

relation to the application is under the age of 18 years; or

(c) unless the Chief Commissioner is satisfiedthat—

(i) the applicant and all the responsiblepersons in relation to the application arefit and proper persons; and

(ia) in particular, in relation to an applicantfor a handgun licence, that there is noinformation as to criminal activities onthe part of the applicant that is knownto the Chief Commissioner that wouldcause the Chief Commissioner not to besatisfied that the person is a fit andproper person; and

(ii) the applicant can possess, carry or use afirearm without being a danger topublic safety or peace; and

(iii) the applicant has satisfactorilycompleted a course of firearms safetyapproved by the Chief Commissionerand has a good knowledge of firearmslaw; and

S. 17(ab)inserted byNo. 52/2010s. 6.

s. 17

S. 17(c)(ia)inserted byNo. 28/2003s. 12.

s. 17

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(iiia) in the case of an applicant for apaintball marker licence, that theapplicant has satisfactorily completed apaintball safety course approved by theChief Commissioner; and

(iv) the applicant can comply with thestorage requirements set out by orunder the Act; and

(v) the issue of the licence is not againstthe public interest; or

(ca) if—

(i) the applicant has surrendered ahandgun licence; and

(ii) the applicant has receivedcompensation for the surrender of ahandgun held under that licence; and

(iii) the applicant does not require thelicence for the reason set out in section15(1)(a) or 15(1)(c)—

during a period of 5 years from the date of the surrender of the licence; or

(d) for any prescribed reason.

Division 5—Junior licences

18 Issue of junior licences

(1) The Chief Commissioner may licence a naturalperson who is of or over 12 years of age and under18 years of age to carry or use category A or Blongarms, category C longarms (being shotguns)or general category handguns of the type specified

S. 17(c)(iiia)inserted byNo. 78/2005s. 14.

S. 17(c)(v)

amended byNo. 22/1998s. 10(b).

S. 17(ca)inserted byNo. 50/2007s. 8.

S. 18amended by

No. 26/1997s. 20(1).

s. 18

S. 18(1)amended byNos 22/1998s. 11(1)(2) ,28/2003s. 13(1).

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in the licence for the purpose of receivinginstruction in the use of such firearms or engagingin sport or target shooting competitions.

(2) The Chief Commissioner must not issue a juniorlicence which authorises the carriage or use of acategory C longarm, being a shotgun, unless theapplicant can demonstrate that the licence isrequired for the reason of clay target shooting.

(2A) The Chief Commissioner must not issue a juniorlicence which authorises the carriage or use of ageneral category handgun, unless the applicantcan demonstrate that the licence is required for thereason of handgun target shooting.

(3) For the purposes of demonstrating that a juniorlicence is required for the reason of clay targetshooting, the applicant must—

(a) be a member of a clay target shooting club ororganisation approved by the Chief Commissioner; and

(b) engage in clay target shooting only at a placewhich is authorised by or under this Act as aplace at which clay target shooting may takeplace; and

(c) demonstrate other prescribed requirements.

(4) For the purpose of demonstrating that a juniorlicence is required for the reason of handguntarget shooting, the applicant—

(a) must be and continue to be a member of anapproved handgun target shooting club; and

(b) if the applicant is not, at the time of theapplication, the holder of a licence in anotherState or a Territory of the Commonwealththat authorises the carriage or use of handguns for the reason of target shooting,must, for the period of 6 months immediately

S. 18(2)inserted byNo. 26/1997s. 20(2).

s. 18

S. 18(2A)

inserted byNo. 28/2003s. 13(2).

S. 18(3)inserted byNo. 26/1997s. 20(2).

S. 18(3)(b)substituted byNo. 22/1998s. 11(3).

S. 18(4)inserted byNo. 28/2003s. 13(3).

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preceding the application, have been amember of that club.

(5) In the case of a person who is applying for a junior licence for the reason of handgun targetshooting, the Chief Commissioner must not issuesuch a licence to that person unless a nominatedofficer of an approved handgun target shootingclub of which the person is a member has, onbehalf of the club, endorsed the application.

19 Conditions applying to junior licences

(1) A junior licence is subject to—

(a) the general conditions specified in items 2and 3 of Schedule 1; and



* * * * *

* * * * *

S. 18(5)inserted byNo. 28/2003s. 13(3).


s. 19

S. 19(2)inserted byNo. 28/2003s. 14,amended byNo. 107/2003s. 4(1),repealed byNo. 78/2005s. 15.

S. 19(3)inserted byNo. 107/2003s. 4(2),repealed byNo. 78/2005s. 15.

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20 General discretion of Chief Commissioner to refusea junior licence

The Chief Commissioner must not issue a juniorlicence—

(a) to a prohibited person; or

(ab) if the applicant is not ordinarily resident inVictoria; or

(b) unless the Chief Commissioner is satisfiedthat—

(i) the applicant is a fit and proper personto be permitted to carry a category A, Bor C longarm or a general categoryhandgun; and

(ii) the applicant can possess, carry or use afirearm without being a danger topublic safety or peace; and

(iii) the applicant has satisfactorilycompleted a course in firearms safetyapproved by the Chief Commissionerand has a good knowledge of firearmslaw; and

(iv) the issue of the licence is not againstthe public interest; or

(c) unless the application is made with the

written consent of the parent or guardian of the applicant; or


s. 20


S. 20(b)(i)amended byNos 26/1997s. 21 , 28/2003s. 15.

S. 20(b)(iv)amended byNo. 22/1998s. 12.

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Division 6—Firearms collectors and heirlooms licences

21 Issue of category 1 firearms collectors licences

(1) The Chief Commissioner may licence a person topossess or carry—

(a) longarms; and

(b) handguns that have been manufactured on orafter 1 January 1900 but no later than31 December 1946; and

(c) handguns that have been manufacturedbefore 1900, that use percussion as a meansof ignition and that take cartridgeammunition that is commercially available;and

(d) antique handguns (that are not single shotantique handguns)—

for the purpose of collecting any such firearms.

(2) The Chief Commissioner must not issue a licenceunder subsection (1) unless the applicant—

(a) is and has been, for at least 6 months, amember of an approved firearms collectorsclub that deals with the classes of firearms

the person proposes to collect; and(b) can demonstrate that the firearms collected

will be of obvious and significant commemorative, historical or thematic value;and


s. 21


S. 21(1)(b)amended byNos 78/2005s. 16, 50/2007s. 9(a).

S. 21(1)(c)inserted byNo. 50/2007s. 9(b).

S. 21(1)(d)inserted byNo. 50/2007s. 9(b).

S. 21(2)(a)substituted byNo. 28/2003s. 16(3)(a).

S. 21(2)(b)amended byNo. 28/2003s. 16(3)(b).

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(c) is a member of an approved firearmscollectors club, a nominated officer of whichhas endorsed the application, on behalf of theclub.

21A Issue of category 2 firearms collectors licences

(1) The Chief Commissioner may licence a person topossess or carry—

(a) longarms; and

(b) handguns that have been manufactured on orafter 1 January 1947; and

(c) handguns that have been manufactured on orafter 1 January 1900 but no later than31 December 1946; and

(d) handguns that have been manufacturedbefore 1900, that use percussion as a meansof ignition and that take cartridgeammunition that is commercially available;and

(e) antique handguns (that are not single shotantique handguns)—

for the purpose of collecting any such firearms.


(a) can demonstrate that the handguns collectedwill be of obvious and significantcommemorative, historical or thematic value;and

(b) has held a category 1 firearms collectorslicence for a period of at least 2 years; and

S. 21(c)inserted byNo. 28/2003s. 16(3)(c).


s. 21A

S. 21A(1)substituted byNo. 50/2007s. 10.

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(c) is a member of an approved firearmscollectors club, a nominated officer of whichhas endorsed the application, on behalf of theclub; and

(d) possesses more than 10 handgunsmanufactured before 1 January 1947, and theaddition of handguns manufactured on orafter 1 January 1947 will increase thehistorical value and significance of the

collection; and(e) can demonstrate that the proposed increase

of the collection is safe in all thecircumstances.

21B Issue of antique handgun collectors licences

(1) The Chief Commissioner may licence a person topossess or carry antique handguns (that are notsingle shot antique handguns) for the purpose of collecting any such handguns.


(a) is and has been a member of an approvedfirearms collectors club that deals with theclasses of firearms the person proposes tocollect; and

(b) can demonstrate that the firearms collected

will be of obvious and significantcommemorative, historical, investment orthematic value; and

(c) is a member of an approved firearmscollectors club, a nominated officer of whichhas endorsed the application, on behalf of theclub.


s. 21B

S. 21B(1)amended byNo. 50/2007s. 11(1).

S. 21B(2)(a)amended byNo. 50/2007s. 11(2).

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22 Conditions applying to firearms collectors licences

(1) Each firearms collectors licence is subject to—




(2) Each firearms collectors licence is subject to thefollowing conditions—

(a) that the holder of the licence must notpossess or carry a firearm that is of a classthat the holder is not authorised under thelicence to possess or carry; and

(b) that the holder of the licence, for each classof firearm held under the licence, is, for theperiod of the licence, a member of anapproved firearms collectors club that deals

with that class of firearms.

S. 22(Heading)inserted byNo. 28/2003s. 18(1),amended byNo. 78/2005s. 18(1).S. 22amended byNo. 28/2003s. 18(2).

s. 22

S. 22(1)amended byNo. 78/2005s. 18(2).

S. 22(2)

inserted byNo. 28/2003s. 18(3),amended byNo. 78/2005s. 18(3).

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23 General discretion of Chief Commissioner to refusea firearms collectors licence

The Chief Commissioner must not issue afirearms collectors licence—

(a) if the applicant or any responsible person inrelation to the application is a prohibitedperson; or

(ab) if the applicant is not ordinarily resident in

Victoria; or

(b) if the applicant or any responsible person inrelation to the application is under 18 yearsof age; or


(i) the applicant and all responsiblepersons in relation to the application are

fit and proper persons; and(ii) the applicant can possess or carry a

firearm without being a danger topublic safety or peace; and

(iii) the applicant can comply with thestorage requirements set out by orunder the Act; and



S. 23amended byNo. 22/1998s. 13(a).

s. 23

S. 23(ab)inserted by

No. 52/2010s. 8.

S. 23(c)(iv)amended byNo. 22/1998s. 13(b).

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24 Firearms collectors register

(1) A person who is the holder of a firearms collectorslicence must—

(a) keep a register at the premises specified inthe licence which has a record of thefirearms kept under the licence and which isin the form approved by the Chief Commissioner; and

(b) enter prescribed particulars of any dealingsin firearms held under the licence in theregister within 24 hours after the dealingtakes place.


(2) The Chief Commissioner may permit a personwho is the holder of a firearms collectors licenceto remove a firearm from the register kept underthis section if that person is the holder of a

longarm licence for category A or B longarms or ahandgun licence for general category handgunswhich entitles that person to possess that firearm.

(3) An application for a permit under subsection (2)must be made in the form and manner approvedby the Chief Commissioner.

25 Issue of firearms heirlooms licences

The Chief Commissioner may licence a naturalperson who is of or over the age of 18 years topossess and carry a single firearm or a matchedpair of firearms if that person—

(a) is not able to satisfy the requirements toobtain a licence under any other provision of this Part; and

(b) can demonstrate that he or she inherited thefirearm.

S. 24(2)amended byNo. 28/2003s. 19.

s. 24

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26 Conditions applying to firearms heirlooms licences

A firearms heirlooms licence is subject to—




27 General discretion of Chief Commissioner to refusea firearms heirlooms licence

The Chief Commissioner must not issue afirearms heirlooms licence—

(a) if the applicant is a prohibited person; or


(b) unless the Chief Commissioner is satisfiedthat—

(i) the applicant is a fit and proper person;and

(ii) the applicant can possess or carry afirearm without being a danger topublic safety or peace; and

(iii) the applicant can comply with the

storage requirements set out by orunder the Act; and


(c) for any prescribed reason.

s. 26


S. 27(b)(iv)amended byNo. 22/1998s. 14.

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Division 7—Firearms ammunition collectors licences

28 Issue of firearms ammunition collectors licences

(1) The Chief Commissioner may licence a person toacquire, dispose of, possess or carry cartridgeammunition for the purposes of collectingcartridge ammunition.

(2) The Chief Commissioner must not issue a licenceunder subsection (1) unless the person is a

member of an organisation of firearms collectorsor an organisation of ammunition collectorsapproved by the Chief Commissioner.

29 General discretion of Chief Commissioner to refusea firearms ammunition collectors licence

The Chief Commissioner must not issue afirearms ammunition collectors licence—

(a) if the applicant or any responsible person inrelation to an application is a prohibitedperson; or


(b) if the applicant or any responsible person inrelation to an application is under the age of 18 years; or


(i) the applicant and all responsiblepersons in relation to an application arefit and proper persons; and

(ii) the applicant can possess or carryammunition without being a danger topublic safety or peace; and

S. 28(1)amended byNo. 22/1998s. 43(Sch.item 2).

s. 28


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(iii) the applicant can comply with thestorage requirements set out by orunder the Act; and



30 Conditions applying to firearms ammunitioncollectors licences

A firearms ammunition collectors licence issubject to—




Division 8—General provisions applying to licencesunder this Part

31 Application for a licence

(1) A person who is making an application for alicence under this Part must make that applicationto the Chief Commissioner.

(2) An application must be in a form and manner

approved by the Chief Commissioner.

(3) An applicant must pay the fee prescribed for thecategory of licence applied for.

S. 29(c)(iv)amended byNo. 22/1998s. 15.

S. 31(2)amended by

No. 78/2005s. 19.

s. 30

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32 Information which is required for an application fora licence

(1) An application by a natural person for a licenceunder this Part must be accompanied by—

(a) proof of the identity of the applicant being, if the Chief Commissioner so requires, proof inthe same manner and to the same extent as isrequired for an identification reference underthe Financial Transactions Reports Act 1988of the Commonwealth; and

(b) in the case of an application for a longarmlicence for a category D or E longarm, ahandgun licence or a firearms collectorslicence (other than an antique handguncollectors licence), a full set of theapplicant's fingerprints.

(1A) If a person who is not ordinarily resident inVictoria applies for a longarm or handgun licenceon the basis that the licence is required for work purposes in Victoria, the Chief Commissionermay require the person to provide evidence thatthe work purposes are genuine and that theyrequire the person to hold a Victorian firearmlicence.

(2) An application by a body corporate for a licenceunder this Part must—

(a) specify the officers of the body corporate;and

(b) nominate a person who will be responsiblefor the storage and day to day managementof firearms possessed under that licence; and

s. 32

S. 32(1)(b)amended byNo. 78/2005s. 20(1).


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(c) be accompanied by, in respect of theresponsible persons—

(i) proof of the identity of each personbeing, if the Chief Commissioner sorequires, proof in the same manner andto the same extent as is required for anidentification reference under theFinancial Transactions Reports Act1988 of the Commonwealth; and

(ii) a full set of each person's fingerprints(other than in the case of an applicationfor an antique handgun collectorslicence).

(3) An application on behalf of a Department for alicence under this Part must—

(a) be made by a person authorised by theDepartment Head; and

(b) nominate the person who is to be responsible

for the storage and day to day managementof firearms possessed under that licence; and

(c) be accompanied by, in respect of theresponsible persons—

(i) proof of the identity of each person,being, if the Chief Commissioner sorequires, proof in the same manner andto the same extent as is required for anidentification reference under theFinancial Transactions Reports Act

1988 of the Commonwealth; and(ii) a full set of each person's fingerprints

(other than in the case of an applicationfor an antique handgun collectorslicence).

S. 32(2)(c)(ii)amended byNo. 78/2005s. 20(2).

s. 32

S. 32(3)(c)(ii)amended byNo. 78/2005s. 20(3).

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32A Chief Commissioner may refuse to make a decisionon an application for a licence

The Chief Commissioner may refuse to make adecision on an application for a licence under thisPart if the applicant does not comply with anyrequirement of the Chief Commissioner under thisPart in relation to the application within areasonable time after the requirement being made.

33 28 day waiting period

The Chief Commissioner must not issue a licenceunder this Part until at least 28 days have expiredafter the making of the application.

33A Notice that licence may be refused

(1) If the Chief Commissioner is proposing not toissue a licence under this Part for any reason otherthan that set out in subsection (2), the Chief Commissioner must, before deciding not to issuethe licence, serve on the applicant a notice—

(a) specifying the reason why the Chief Commissioner is proposing not to issue thelicence; and

(b) inviting the applicant to make a writtensubmission in accordance withsubsection (3).

(2) If the Chief Commissioner is proposing not toissue a licence under this Part because he or she issatisfied that the applicant, a close associate of theapplicant or, if the applicant is a body corporate,the nominated person or an officer of the bodycorporate, is a prohibited person, the Chief Commissioner must serve on—

(a) the applicant; and


s. 32A


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(b) any of the persons referred to in thissubsection who the Chief Commissioner issatisfied is a prohibited person—

a notice specifying the reason why the licence isnot to be issued.

(3) An applicant who has been served with a noticeunder subsection (1) may, within 28 days after theday on which the applicant is served with thenotice, make a submission to the Chief Commissioner concerning any reason that isspecified in the notice.

33B Further consideration of application and conveningof hearing

(1) After receiving a submission within the timespecified under section 33A(3), the Chief Commissioner may—

(a) further consider the application; or

(b) after giving notice to the applicant, convenea hearing to further consider the application.

(2) An applicant may be represented at a hearing byany person the applicant chooses, but is notentitled to receive any costs in respect of ahearing.

(3) The Chief Commissioner may arrange for anelectronic recording of a hearing to be made.

(4) The Chief Commissioner—

(a) must retain any electronic recording of ahearing for a period of no less than 3 monthsfrom the date of the hearing; and

(b) may destroy the recording at the end of theperiod under paragraph (a).


s. 33B

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33C Refusal of licence

The Chief Commissioner must not make adecision not to issue a licence under this Partunless the Chief Commissioner has—

(a) considered any written submissions made bythe applicant within the time specified in thenotice under section 33A(1) for making sucha submission; and

(b) if a hearing is convened under section 33B,considered any oral submission made by theapplicant at the hearing, if the applicant hasindicated to the Chief Commissioner withinany time specified in the notice undersection 33B(1)(b) that he or she wishes to beheard at such a hearing.

34 Review of decision not to issue a licence

(1) Subject to subsection (2), a non-prohibited personwho has applied for a licence under this Part may

apply to the Committee for a review of a decisionof the Chief Commissioner—

(a) not to issue a licence; or

(b) to impose a condition on a licence.

(2) Subsection (1) does not apply to a decision of theChief Commissioner not to issue a licence on theground set out in section 17(c)(ia).

35 Particulars of licences

(1) A licence under this Part must contain thefollowing particulars—

(a) the name and address of the holder of thelicence; and

(b) the category of the licence; and

(c) any particulars required by this Act to bespecified in the licence; and

S. 33Cinserted byNo. 50/2007s. 13.

S. 34amended byNo. 28/2003s. 20(1).

s. 33C

S. 34(2)inserted byNo. 28/2003s. 20(2).

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(d) the reason for which the applicant has beenissued with the licence; and

(e) a summary of the storage requirementsimposed by or under the Act; and

(f) any other prescribed particulars.

(2) A licence under this Part must contain a recentphotograph of—

(a) in the case of a licence issued to a naturalperson, that person; or

(b) in any other case, the nominated person—

which complies with the Chief Commissioner'srequirements.

36 Offence not to comply with licence conditions

(1) A person who is the holder of a longarm licencefor category A or B longarms must comply withany conditions to which the licence is subject.

Penalty:

60 penalty units or 12 monthsimprisonment.

(2) A person who is the holder of a longarm licencefor category C or D longarms or a handgunlicence for general category handguns mustcomply with any conditions to which the licenceis subject.


(3) A person who is the holder of a longarm licencefor category E longarms or a handgun licence forcategory E handguns must comply with anyconditions to which the licence is subject.


s. 36

S. 36(2)amended byNo. 28/2003s. 21(1).

S. 36(3)amended byNo. 28/2003s. 21(2).

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(3A) A person who is the holder of a paintball markerlicence must comply with any conditions to whichthe licence is subject.


(4) A person who is the holder of a junior licence, afirearms collectors licence, a firearms heirloomslicence or a firearms ammunition collectorslicence must comply with any conditions to whichthe licence is subject.


37 Variation of licence conditions

(1) The Chief Commissioner may, at any time varyany condition imposed on a licence under this Partby the Chief Commissioner.

(2) The variation of a condition under this section haseffect upon the giving of notice of that variation tothe holder of the licence.

38 Review of a decision to vary licence conditions

A non-prohibited person who is the holder of alicence under this Part may apply to theCommittee for a review of a decision of the Chief Commissioner to vary any of the conditions on thelicence.

39 Duration of licences

(1) A licence under this Part, other than a longarmlicence for a category C, D or E longarm or a

junior licence continues in force for the period,not exceeding 5 years from the issue or renewal of the licence, that is specified in the licence unless itis sooner surrendered, suspended or cancelled.


s. 37

S. 39(1)

amended byNo. 50/2007s. 14(1).

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identification reference in the FinancialTransactions Reports Act 1988 of theCommonwealth; and

(ii) a full set of the person's fingerprints.

Penalty: 20 penalty units.

41 Renewal of licences

(1) Before the expiration of a licence under this Part,the holder may apply to the Chief Commissionerfor renewal of the licence.

(2) A person who is making an application for therenewal of a licence under this Part must makethat application to the Chief Commissioner.

(3) An application must—

(a) be in a form and manner approved by theChief Commissioner; and

* * * * *

(4) An application must be accompanied by—

(a) a list of all the firearms in the possession of the applicant; and

(b) in the case of an application by a bodycorporate, if any of the responsible personshas changed during the course of thelicence—

(i) proof of the identity of the new persons,being, if the Chief Commissioner sorequires, proof in the same manner andto the same extent as is required for anidentification reference in the FinancialTransactions Reports Act 1988 of theCommonwealth; and

(ii) a full set of each person's fingerprints.

s. 41

S. 41(3)(b)repealed byNo. 78/2005

s. 22.

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(5) The applicant must pay the fee prescribed for thecategory of licence applied for.

41A Continuation of licence during consideration of application for renewal

If a licence holder has applied for renewal of alicence under section 41 and that application hasnot been determined before the date of expiry of the licence, the licence is deemed to continue inforce, on and from that date, until thedetermination of the application.

42 General discretion of Chief Commissioner to refuseto renew a licence or to alter or vary the conditionsof a licence

(1) The Chief Commissioner may renew or refuse torenew a licence under this Part and, if a licence isto be renewed, the Chief Commissioner may alteror vary the conditions on the licence or imposefurther conditions on the licence.

(2) The Chief Commissioner must not renew thelicence—

(a) if the applicant can no longer demonstratethat he or she has the reason for which thelicence was previously issued; or

(b) if the applicant or any responsible person inrelation to the application is a prohibitedperson; or

(ba) if the applicant is not ordinarily resident inVictoria unless—

(i) the Chief Commissioner is satisfied thatthe applicant requires the licence forwork purposes in Victoria; and

(ii) the applicant is not a person to whomsection 185(2A) or (2B) applies; or


s. 41A

S. 42(2)(ba)inserted byNo. 52/2010s. 12.

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(i) the applicant and all responsiblepersons in relation to the application arefit and proper persons; and

(ii) the applicant can comply with thestorage requirements set out by orunder the Act; and

(iii) the renewal of the licence is not againstthe public interest; or


43 Circumstances in which the Chief Commissionermay alter or vary conditions on a licence

The Chief Commissioner may alter or vary theconditions on the licence—

(a) if the applicant can no longer demonstratethat he or she has the reason for which, inrespect of any of the firearms possessedunder the licence, the licence was issued; or

(b) for any other prescribed reason.

43A Variation of licence for failure to comply withparticipation condition

(1) If—

(a) the holder of a handgun target shootinglicence has failed to comply with section16(5)(c); and

S. 42(2)(c)(iii)amended byNo. 22/1998s. 16.


s. 43

S. 43A(1)amended byNo. 52/2010

s. 13(1).

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43B Review of decision as to period of variation

A person may apply to the Committee for areview of a decision of the Chief Commissioner asto the period of time specified by the Chief Commissioner under section 43A(1A)(b)(i).

44 Review of a decision not to renew a licence

A non-prohibited person who has applied for arenewal of a licence under this Part may apply to

the Committee for a review of a decision of theChief Commissioner—

(a) not to renew that licence; or

(b) to alter or vary any of the conditions on thelicence.

45 Disposal of firearms where licence not renewed

(1) A person whose licence is not renewed does notcommit an offence under this Part if he or shepossesses or carries a firearm held under that

licence—(a) if no application for review has been made

against the decision not to renew the licence,for 28 days after the licence expires, for thepurposes of disposing of the firearm; or

(b) if an application for review has been madeagainst the decision not to renew the licence,for 28 days after the confirmation of thedecision, for the purposes of disposing of thefirearm.

(2) If a condition on a licence is altered or variedunder section 43, the holder of the licence doesnot commit an offence under this Part if he or shepossesses or carries a firearm held under thatlicence which must be disposed of because of thatalteration or variation for a period of 28 days afterthe alteration or variation for the purposes of disposing of the firearm.


s. 43B

S. 45(1)substituted byNo. 26/1997s. 22.

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(2) The Chief Commissioner must notify the holder of the licence of the cancellation of the licence,either personally or by post.

46A Cancellation of licence held by non-resident

(1) If the Chief Commissioner is satisfied that theholder of a licence under this Part is not ordinarilyresident in Victoria and does not require thelicence for work purposes in Victoria, the Chief Commissioner must cancel the licence.

(2) The Chief Commissioner must give writtennotification to the holder of the licence of thecancellation of the licence.

(3) Subject to subsection (4), the holder of the licencemay apply to the Committee for a review of thedecision of the Chief Commissioner to cancel thelicence.

(4) An application to the Committee undersubsection (3) may only be made on the ground

that the holder of the licence that has beencancelled is ordinarily resident in Victoria or thatthe holder of the licence requires the licence forwork purposes in Victoria.

47 Suspension of a licence and notice of proposal tocancel

(1) If the Chief Commissioner is satisfied that theremay be grounds for cancelling a licence undersection 49 the Chief Commissioner may suspendthe licence.

(2) The Chief Commissioner must serve notice of thesuspension of the licence on the holder of thelicence either personally or by post.


s. 46A

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(3) A notice under subsection (2) must—

(a) state that the licence is suspended; and

(b) state that the Chief Commissioner is satisfiedthat there are grounds for the cancellation of the licence; and

(c) set out those grounds; and

(d) state that the holder of the licence may makewritten submissions on the proposal and thatany written submissions made must be madewithin 28 days of the giving of the notice.

(4) A suspension under this section remains inforce—

(a) if the Chief Commissioner decides to cancelthe licence, until the coming into effect of the cancellation; or

(b) if the Chief Commissioner decides not tocancel the licence, until the making of that

decision.(5) The holder of a licence, whose licence is

suspended is deemed not to be the holder of alicence for the period of the suspension.

47A Suspension of licence—certain prohibited persons

(1) Immediately on becoming aware that the holder of a licence under this Part is a prohibited person forthe reason referred to in paragraph (c)(i) or (c)(ib)of the definition of prohibited person , the Chief Commissioner must suspend the holder's licence.

(2) If the holder of a licence that has been suspendedunder subsection (1) makes an application undersection 189 within 3 months of the suspension, thesuspension remains in force until the outcome of


s. 47A

S. 47A(1)amended byNo. 68/2008

s. 72.

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(3) If the holder of a general category handgunlicence is a holder to whom the condition set outin section 16(5) and (6) applies, the Chief Commissioner—

(a) must cancel that licence if the holder hasfailed to comply with section 16(5)(d); and

(b) may cancel that licence if the holder hasfailed to comply with section 16(5)(c).

(4) The Chief Commissioner must cancel a licencethat has been suspended under section 47A(1) onthe expiry of 3 months after the suspension of thelicence, unless the holder of the licence makes anapplication under section 189 before the expiry of the 3 month period for a declaration referred toin—

(a) section 189(1)(a) or (1)(b); or

(b) section 189(1AA)(a) or (1AA)(b).

(5) In the case of a person whose licence has beensuspended and who makes an application undersection 189, the Chief Commissioner must cancelthe licence unless—

(a) the court makes a declaration referred to insubsection (1)(a) or (1AA)(a); or

(b) the court makes a declaration referred to insubsection (1)(b) or (1AA)(b) deeming theholder of the licence to be a prohibitedperson for limited purposes and the purposefor which the person is deemed not to be a

S. 49(3)inserted byNo. 28/2003s. 23(2),amended byNo. 107/2003s. 5(c)(i).

S. 49(3)(a)amended byNo. 107/2003s. 5(c)(ii).

S. 49(3)(b)amended byNo. 107/2003s. 5(c)(iii).

s. 49

S. 49(4)inserted byNo. 50/2007s. 17,amended byNo. 52/2008s. 246(1),substituted byNo. 68/2008s. 73(1).

S. 49(5)inserted byNo. 50/2007s. 17.

S. 49(5)(a)amended byNos 52/2008s. 246(2),

68/2008s. 73(2).

S. 49(5)(b)amended byNos 52/2008s. 246(3),68/2008s. 73(3).

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prohibited person is the purpose for whichthe licence is issued.

49A Restrictions on application for licence followingcancellation

(1) This section applies if the Chief Commissionercancels a licence under section 49.

(2) The Chief Commissioner may specify a period of time (not being more than 12 months after the date

of cancellation) within which the person who heldthe licence is not entitled to apply for such alicence.

(3) If the Chief Commissioner does not specify aperiod, the person who held the licence is notentitled to apply for such a licence for a period of 12 months after the date of cancellation.

(4) If the person who held the licence applies for thesame category of licence, the application is takento be an application for a new licence and not for

the renewal of the licence that was cancelled.49B Review of decision as to period of disqualification

A person whose licence has been cancelled undersection 49 may apply to the Committee for areview of a decision of the Chief Commissionerunder section 49A(2) specifying the period of timewithin which the person is not entitled to apply forsuch a licence.

50 Review of decision to cancel a licence

The holder of a licence under this Part whoselicence has been cancelled by the Chief Commissioner under section 49(1), on any groundset out in that subsection other than the ground setout in paragraph (fa) may, if the holder is a non-prohibited person, apply to the Committee for areview of that decision.


s. 49A


S. 50amended byNo. 28/2003s. 24.

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51 Notice of Chief Commissioner's decision

(1) The Chief Commissioner must notify the holder of the licence as to whether or not he or she hasdecided to cancel the licence under section 49(1),other than paragraph (fa), and must set out thereasons for that decision in the notice.

(1A) If the Chief Commissioner has cancelled a generalcategory handgun licence under section 49(1)(fa),(2) or (3), the Chief Commissioner must so notifythe holder.

(2) A notice under subsection (1) or (1A) may beserved on the licence holder either personally orby post.

52 Coming into effect of cancellation

Cancellation of a licence under this Part by theChief Commissioner has effect from the time atwhich notice of the cancellation is served on thelicence holder.

52AA Chief Commissioner to notify approved handguntarget shooting club or employer of certain events

(1) If the Chief Commissioner cancels, suspends orsuspends and subsequently decides not to cancel alicence under any of the following sections, theChief Commissioner must, as soon as practicableafter cancelling, suspending or deciding not tocancel a licence, give notice of the cancellation,suspension or subsequent decision not to cancel toany person, of whom the Chief Commissioner is

aware, who employs the holder of the licence toperform duties for which the licence is required—

(a) section 15(1)(a) or 15(1)(c); or

(b) section 10(1)(c), 10(1)(d) or 10(1)(e); or

(c) section 10(1)(b) for the purpose set out insection 10(2)(b)(iv).

S. 51(1)amended byNo. 28/2003s. 25(1).

s. 51

S. 51(1A)inserted byNo. 28/2003s. 25(2).

S. 51(2)amended byNo. 28/2003s. 25(3).

S. 52AAinserted byNo. 50/2007s. 18.

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(c) the Chief Commissioner has not cancelledthe holder's licence for that failure tocomply—

the Chief Commissioner may require the holder tosurrender—

(d) any handgun in respect of which the failureto 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 beingused in another firearm that is registered tothat person and possessed by that personunder a licence issued under this Part.

(2) If the Chief Commissioner has decided to imposea requirement under subsection (1), the Chief Commissioner must so notify the holder of thelicence.

(3) A notice under subsection (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 collectorslicence to surrender certain handguns for failure tocomply with certain conditions

(1) If—

(a) the holder of a category 1 or category 2firearms collectors licence has failed tocomply with the condition set out insection 22(2)(a); and

(b) the Chief Commissioner has not cancelledthe holder's licence for that failure tocomply—

the Chief Commissioner may require the holder tosurrender—


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(c) any handgun in respect of which the failureto comply has taken place; and

(d) any ammunition in that person's possessionthat is capable of being used in that handgun.

(2) If the Chief Commissioner has decided to imposea requirement under subsection (1), the Chief Commissioner must so notify the holder of thelicence.

(3) A notice under subsection (1) may be served onthe holder either personally or by post.

53 Surrender of firearms and licence document

(1) If a licence under this Part is suspended orcancelled, the holder must—

(a) if served personally with notice of thesuspension or cancellation, immediatelysurrender any firearm or cartridgeammunition in that person's possession andthe licence document to the person servingthe notice; and

(b) if served by post with notice of thesuspension or cancellation, within 7 days of service of the notice, surrender any firearmor cartridge ammunition in that person'spossession and the licence document to apolice station.


(2) If a member of the police force has reasonablegrounds for believing that a person has notcomplied with subsection (1), the member—

(a) must seize any firearm or cartridgeammunition which the member is aware is inthe possession of the person; and

s. 53

S. 53(1)(a)amended byNo. 22/1998s. 43(Sch.item 3).

S. 53(1)(b)amended byNo. 22/1998s. 43(Sch.item 3).

S. 53(2)(a)amended byNo. 22/1998s. 43(Sch.item 3).

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(b) may, at any reasonable time, withoutwarrant, enter and search any premiseswhere the person resides or has resided forthe purpose of seizing any such firearm orcartridge ammunition.

(3) Despite the surrender or seizure of a firearm orcartridge ammunition under this section theperson who has surrendered the firearm orcartridge ammunition or from whom the firearm

or cartridge ammunition has been seized continuesto be the owner of the firearm or cartridgeammunition.

(4) If a person has surrendered a firearm or cartridgeammunition under this section or if a firearm orcartridge ammunition has been seized from aperson under this section, that person mustdispose of that firearm or cartridge ammunition toa licensed firearms dealer—

(a) if the surrender or seizure is as a

consequence of the making of a final orderunder the Family Violence Protection Act2008 —

(i) within 3 months of the making theorder; or

(ii) if an application for a declaration undersection 189 has been made within3 months of the making of the order,within 28 days of a decision not tomake that declaration; or

(ab) if the surrender or seizure is as aconsequence of the making of a final orderunder the Personal Safety InterventionOrders Act 2010 —

(i) within 3 months of making the order; or

S. 53(2)(b)amended byNo. 22/1998s. 43(Sch.item 3).


S. 53(4)substituted byNo. 26/1997s. 23,amended byNos 84/1997s. 43, 22/1998s. 43(Sch.item 3).

s. 53

S. 53(4)(a)substituted byNo. 52/2008s. 247.

S. 53(4)(ab)inserted byNo. 68/2008s. 74,amended byNo. 53/2010s. 221(Sch.item 5.2).

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(ii) if an application for a declaration undersection 189 has been made within3 months of the making of the order,within 28 days of a decision not tomake that declaration; or

(b) if the surrender or seizure is as aconsequence of a decision of the Chief Commissioner to cancel or suspend alicence—

(i) if no application for review has beenmade against the decision, within28 days of the making of the decision;or

(ii) if an application for review of thedecision has been made, within 28 daysof the confirmation of the decisionunder that procedure; or

(iii) if an application for a declaration hasbeen made under section 189(1A)within 56 days of the making of thedecision, within 28 days of the makingof a decision not to make thatdeclaration; or

(c) if the surrender or seizure is as aconsequence of any other cancellation of alicence, within 28 days of the cancellation.


(5) If a person—(a) has made an application for a declaration

under section 189 before the commencementof this section but that application has notbeen determined before that commencement;or

S. 53(4)(b)(iii)inserted byNo. 22/1998s. 17(1).

s. 53

S. 53(5)inserted byNo. 26/1997s. 23.

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(b) makes an application for a declaration undersection 189 within 56 days of thecommencement of this section—

for the purposes of subsection (4)(a)(ii), thatperson is deemed to have made that applicationwithin 56 days of the making of the order.

(6) If a person makes an application for a declarationunder section 189(1A) within 56 days of thecommencement of section 39 of the Firearms(Amendment) Act 1998 , for the purposes of subsection (4)(b)(iii), that person is deemed tohave made that application within 56 days of themaking of the decision.

53A Surrender of handguns for failure to comply withparticipation condition

(1) If the holder of a general category handgunlicence has been served with a notice from theChief Commissioner under section 52A, theholder must—

(a) if served personally with the notice,immediately surrender any handgun andammunition referred to in the notice to theperson serving the notice; or

(b) if served by post with the notice, within7 days of the service of the notice, surrenderany handgun and ammunition referred to inthe notice to a police station.

(2) If a member of the police force has reasonable

grounds for believing that a person has notcomplied with subsection (1), the member—

(a) must seize from the person any handgun andammunition referred to in the notice, if themember is aware that any such handgun andany such ammunition is in the possession of the person; and

S. 53(6)inserted byNo. 22/1998s. 17(2).


s. 53A

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(b) may, at any reasonable time, withoutwarrant, enter and search any premiseswhere the person resides or has resided forthe purpose of seizing any such handgun orammunition.

(3) Despite the surrender or seizure of a handgun orammunition under this section, the person whohas surrendered the handgun or ammunition orfrom whom the handgun or ammunition has been

seized continues to be the owner of the handgunor ammunition.

(4) If a person has surrendered a handgun orammunition under this section or if a handgun orammunition has been seized from a person underthis section, that person must dispose of thathandgun or ammunition to a licensed firearmsdealer within 56 days of service of the notice fromthe Chief Commissioner under section 52A.

53B Surrender of handguns where certain conditions of

category 1 or category 2 firearms collectors licencenot complied with

(1) If the holder of a category 1 or category 2 firearmscollectors licence has been served with a noticefrom the Chief Commissioner under section 52B,the holder must—

(a) if served personally with the notice,immediately surrender any handgun andammunition referred to in the notice to theperson serving the notice; or

(b) if served by post with the notice, within7 days of the service of the notice, surrenderany handgun and ammunition referred to inthe notice to a police station.

(2) If a member of the police force has reasonablegrounds for believing that a person has notcomplied with subsection (1), the member—



s. 53B

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(ii) the number of occasions on which he orshe believes that the person hasreceived instruction in the use of ageneral category handgun.

(5) A person must not give false information in anotification under subsection (2).


(6) A person who is questioned under subsection (4)must not knowingly or recklessly give falseinformation in response to a question asked of himor her under that subsection.


54AA Health service workers who are exempt from thisPart

(1) A health professional or health service securityguard who is not a prohibited person and whopossesses or carries a firearm in a health servicefacility in the circumstances set out in subsection(3) does not commit an offence against section 6,6A, 7, 7A or 7B for so doing and is not required tohold a licence under this Part.

(2) An ambulance officer who is not a prohibitedperson and who possesses or carries a firearm in ahealth service facility or public place in thecircumstances set out in subsection (3) does notcommit an offence against section 6, 6A, 7, 7A,

7B or 130(1) for so doing and is not required tohold a licence under this Part.

(3) For the purposes of subsections (1) and (2), thecircumstances are that the health professional,health service security guard or ambulanceworker—

S. 54(5)inserted byNo. 28/2003s. 28.

S. 54(6)inserted byNo. 50/2007s. 20(4).


s. 54AA

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health professional means—

(a) a registered medical practitioner;

(b) a nurse or midwife;

(c) a registered psychologist;

health security guard means a security guardlicensed under the Private Security Act2004 when working in a health servicefacility as a contractor or an employee;

health service facility means—

(a) a day procedure centre; or

(b) a denominational hospital; or

(c) a multi purpose service; or

(d) a private hospital; or

(e) a public health service; or

(f) a public hospital—

as defined in the Health Services Act 1988 .54AB Exemption of person exercising power under the

Education and Training Reform Act 2006

(1) A person who possesses or carries a firearm in aGovernment school or public place in thecircumstances set out in subsection (2) does notcommit an offence against section 6, 6A, 7, 7Aor 7B for so doing and is not required to hold alicence under this Part.

(2) For the purposes of subsection (1), thecircumstances are that the person—

(a) is exercising a power under Part 5.8A of theEducation and Training Reform Act 2006 ;and

(b) is not a prohibited person.

S. 54ABinserted byNo. 11/2011s. 7.

s. 54AB

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(8) The holder of the permit must comply with thepermit.


56A Permits to display firearms or ammunitioncollections—Approved firearms collectors clubs

(1) The Chief Commissioner may grant a permit to anapproved firearms collectors club that authorises

each holder of a firearms collectors licence, whosename and licence number is specified in thepermit, to display firearms and cartridgeammunition possessed or carried under his or herlicence at the premises specified in the permit.

(2) The Chief Commissioner may grant a permitunder subsection (1), if the Chief Commissioner issatisfied that the arrangements made for the securestorage of the firearms and cartridge ammunitionwhile on display are adequate.

(3) A person who holds a firearms collectors licenceand who displays firearms and cartridgeammunition at the premises specified in a permitgranted under subsection (1) does not commit anoffence under section 6, 7 or 8 or Part 6 whenacting under or in accordance with the permit.

(4) A permit authorises—

(a) display of the firearms or cartridgeammunition at the premises specified in thepermit and for the period specified in the

permit; and(b) carriage of the firearms or cartridge

ammunition for the purposes of the display.

(5) A permit to display firearms or cartridgeammunition at the premises specified in thelicence is subject to the conditions fixed in thepermit.


s. 56A

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(4) An application for a permit must be in the formapproved by the Chief Commissioner.

(5) The applicant must pay the prescribed fee for sucha permit.



57A Permit for holder of handgun security guard licenceto possess, carry or use restricted ammunition

(1) The holder of a handgun security guard licencemust not possess, carry or use any restrictedammunition for any handgun he or she possesses,carries or uses under the licence unless that persondoes so under and in accordance with a permitissued under this section.


(1A) Subsection (1) does not apply to the holder of ahandgun security guard licence who possesses,carries or uses restricted ammunition that is notfactory manufactured for a handgun which he orshe possesses, carries or uses under the licence, inthe course of training as a security guard.

(2) The Chief Commissioner may grant a permit tothe holder of a handgun security guard licence topossess, carry or use restricted ammunition.

(3) The Chief Commissioner must not grant a permitunder this section unless the Chief Commissionerreasonably believes that there is an exceptionaland legitimate reason for doing so.

S. 57Ainserted byNo. 78/2005s. 65 (asamended byNo. 50/2007s. 58).

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(3) A permit under this section remains in force forthe period specified by the Chief Commissioner inthe permit, which must not be more than3 months.

(4) Subject to subsection (3), the Chief Commissionermay impose any conditions on the permit that theChief Commissioner thinks fit.

(5) The conditions that the Chief Commissioner mayimpose on a permit granted under this section mayinclude conditions for or with respect to—

(a) the carriage and storage of firearms under thepermit; and

(b) the circumstances in which the Chief Commissioner may cancel, suspend or varythe permit and any other matters related tocancellation, suspension or variation.

(6) The holder of permit under this section does notcommit an offence under section 6 or 7 when

acting under and in accordance with the permit.(7) The holder of permit must comply with the

permit.


58 Permits to carry or use firearms held under acollectors licence

(1) The Chief Commissioner may grant a permit tothe holder of a collectors licence to carry or use

any category A, B or C longarm or a generalcategory handgun held under the licence at acommemorative or historical event approved bythe Chief Commissioner and sponsored by anapproved organisation of firearms collectors andheld at an approved range.

S. 58(1)amended byNo. 28/2003s. 29.

s. 58

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(b) be accompanied by the name and licencenumber of each holder of a firearmscollectors licence who proposes to carry oruse any firearm held under his or her licenceat a commemorative or historical eventspecified in the permit.

(6) The applicant must pay the prescribed fee for sucha permit.



(8) A licence holder whose name is specified in thepermit must comply with the permit.


(9) The holder of the permit must, before thecommemorative or historical event in respect of which the permit is issued, notify in writing eachlicence holder whose name is specified in thepermit of the conditions to which the permit issubject (if any).


58A Provisional general category handgun licences

(1) The Chief Commissioner may grant a provisionallicence to a member of an approved handgun

target shooting club (who does not hold a handguntarget shooting licence) to carry or use the classesof general category handguns specified in theprovisional licence at approved handgun targetshooting matches and handgun target shoots.

S. 58Ainserted byNo. 28/2003s. 30,substituted byNo. 78/2005s. 33.

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(a) purchase the handgun; and

(b) make an application to the Chief Commissioner for an authorisation undersection 7A for the handgun.

(7) The Chief Commissioner may impose anyconditions on a provisional licence under thissection that the Chief Commissioner thinks fit.

(8) The conditions that the Chief Commissioner may

impose on a provisional licence granted under thissection may include conditions for or with respectto the circumstances in which the Chief Commissioner may cancel or suspend the licenceand any other matters related to any suchcancellation or suspension.

(9) An application for a provisional licence under thissection must be in the form approved by the Chief Commissioner.

(10) An applicant for a provisional licence under this

section must pay the prescribed fee for such alicence.

(11) The holder of a provisional licence must complywith the provisional licence.


(12) In this section—

controlled handgun means a handgun that is of aclass to which section 7A(1) applies.

_______________

s. 58A

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Part 3—Carrying on the Business of Dealing in Firearms and Related Items


125


(i) the applicant and all responsiblepersons in relation to the applicationand the persons the applicant isproposing to employ in the business—

(A) are fit and proper persons; and

(B) can carry on the business without

being a danger to public safety orpeace; and

(ii) the premises specified in theapplication are suitable to carry on thebusiness of being a firearms dealer; and

(iii) the issue of the licence is not againstthe public interest; or

(ca) unless the Chief Commissioner is satisfied

that all close associates of the applicant arefit and proper persons; or


62 Review of decision not to issue licence

A non-prohibited person who has applied for alicence under this Part may apply to theCommittee for a review of a decision of the Chief Commissioner—

(a) not to issue a licence; or

(b) to impose conditions on the licence.

S. 61(c)(iii)amended byNo. 22/1998s. 18.

S. 61(ca)inserted by

No. 28/2003s. 31(b).

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Division 2—General provisions applying to dealers licences

63 Application for a dealers licence

(1) A person who is applying for a dealers licencemust make the application to the Chief Commissioner.

(2) An application must be in a form and mannerapproved by the Chief Commissioner.

(3) The applicant must pay the fee prescribed forlicences in the nature of the licence applied for.

(4) Subsection (3) does not apply to a person whoapplies for a licence and who is in partnershipwith another person who has paid the feeprescribed for a licence to carry on the businesswhich is carried on by the partnership.

(5) In subsection (4) partnership has the samemeaning as in section 5 of the Partnership Act

1958 .64 Information required for an application by a

natural person for a dealers licence

An application by a natural person for a dealerslicence must be accompanied by—

(aa) a statement setting out the name and addressof any person who is a close associate of theapplicant; and

(a) proof of the identity of the applicant and anyperson the applicant proposes to employ inthe business, being, if the Chief Commissioner so requires, proof in the samemanner and to the same extent as is requiredfor an identification reference under the

s. 63

S. 63(2)amended byNo. 78/2005s. 35.

S. 63(4)inserted byNo. 22/1998s. 19.

S. 63(5)inserted byNo. 22/1998s. 19.

S. 64(aa)inserted byNo. 28/2003s. 32(1),amended byNo. 78/2005s. 36.

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(ii) a full set of the person's fingerprints;and

(d) be accompanied by—

(i) a statement setting out the name and

address of any person who is a closeassociate of the applicant; and

(ii) a full set of the fingerprints of any closeassociate of the applicant, or if it is notpossible to obtain a full set of suchfingerprints, if the Chief Commissionerso requires, any known informationabout the close associate.

66 28 day waiting period

The Chief Commissioner must not issue a dealerslicence until 28 days have expired after themaking of the application.

67 Particulars of dealers licences

(1) A dealers licence must contain the followingparticulars—

(a) the name and address of the holder of thelicence; and

(b) the nature of the licence; and

(c) the address of the premises to which thelicence applies; and

(d) a summary of the storage requirementsimposed by or under the Act; and

(e) any other prescribed particulars.

S. 65(c)(ii)amended byNo. 28/2003s. 33(a).

S. 65(d)inserted byNo. 28/2003s. 33(b).

S. 65(d)(i)amended by

No. 78/2005s. 37.

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(2) A dealers licence must contain a recentphotograph of—

(a) in the case of a licence issued to a naturalperson, that person; or

(b) in any other case, the nominated person—

which complies with the Chief Commissioner'srequirements.

68 Licence conditions for dealers licences

(1) A dealers licence is subject to any conditionsimposed on the licence or the category of licenceby the Chief Commissioner.

(2) The holder of a dealers licence must comply withany conditions to which the licence is subject.


69 Variation of dealers licence conditions

(1) The Chief Commissioner may, at any time vary

any condition imposed on a dealers licence by theChief Commissioner.

(2) The variation of a condition under this section haseffect upon the giving of notice of that variation tothe holder of the licence.

70 Review of a decision to vary licence conditions

A non-prohibited person who is the holder of adealers licence may apply to the Committee for areview of a decision of the Chief Commissioner tovary any of the conditions on the licence.

71 Duration of licences

A dealers licence continues in force for the period,not exceeding 5 years from the issue or renewal of the licence, that is specified in the licence.

S. 68substituted byNo. 26/1997s. 24.

s. 68

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75A Requirement to notify Chief Commissioner of closeassociates

(1) If, at any time during the course of a dealerslicence—

(a) a person becomes a close associate of theholder of the licence; or

(b) ceases to be a close associate of the holder of the licence—

the holder of the licence must immediately notifythe Chief Commissioner of that fact.


(2) A notice under subsection (1) must—

(a) be in writing; and

(b) set out the name and address of the personwho has become or ceased to be a closeassociate (as the case requires); and

(c) be accompanied by a full set of fingerprintsof any person who has become a closeassociate of the applicant, or if it is notpossible to obtain a full set of suchfingerprints, if the Chief Commissioner sorequires, any known information about theperson.

75B Offence to employ prohibited persons inmanagement of business

The holder of a dealers licence must not—

(a) employ a prohibited person in the businessconducted under the licence; or

(b) engage a prohibited person to act as an agentin the business conducted under the licence.



s. 75A


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(4) A suspension under this section remains in forceuntil—

(a) if the Chief Commissioner decides to cancelthe licence, the coming into effect of thatcancellation; or

(b) if the Chief Commissioner decides not tocancel the licence, the making of thatdecision.

(5) The holder of a licence, whose licence issuspended is deemed not to be the holder of alicence for the period of the suspension.

78 Making of submissions

(1) The holder of a licence who has been notifiedunder section 77 may make written submissionson the proposal to cancel the licence.

(2) Submissions made under subsection (1) must bemade within 28 days of the holder being notified.

79 Power of Chief Commissioner to cancel a dealerslicence

The Chief Commissioner may cancel a dealerslicence suspended under section 77 if, afterconsidering any submissions made within the timefixed for making submissions, the Chief Commissioner is satisfied—

(a) that the holder has knowingly supplied falseor misleading information in a materialparticular in, or in connection with the

application for the licence or the renewal of the licence; or

(b) that the holder has contravened or failed tocomply with the conditions of the licence; or

s. 78

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(c) that the holder has contravened or failed tocomply with any requirement for the storageof firearms possessed, carried or used underthe licence; or

(d) that the holder of the licence no longercarries on business at the premises specifiedin the licence; or

(e) that—

(i) the holder of the licence or anyresponsible person in relation to thelicence; or

(ii) any person employed in the business; or

(iii) any close associate of the holder of thelicence—

is no longer a fit and proper person; or

(f) that—

(i) the holder of the licence or anyresponsible person in relation to thelicence; or

(ii) any person employed in the business—

cannot carry on, or be employed in thebusiness without being a danger to public

safety or peace; or

S. 79(e)(ii)amended byNo. 28/2003s. 37(a).

s. 79

S. 79(e)(iii)inserted byNo. 28/2003s. 37(b).

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Division 4—Records to be kept by licensed firearms dealers

87 Requirement to keep register of transactions

(1) A licensed firearms dealer must ensure that arecord of each transaction whereby—

(a) a firearm is acquired by the dealer orotherwise comes into the possession of thedealer; or

(b) a firearm is disposed of, hired or loaned bythe dealer or otherwise goes out of thepossession of the dealer; or

(c) the dealer acts as an agent for the acquisitionor disposal of a firearm—

is recorded in a register of transactions.


(2) A licensed firearms dealer must ensure that theregister of transactions contains in relation to eachtransaction—

(a) in the case of a firearm coming into thepossession of the dealer—

(i) the prescribed particulars about theperson who has given possession of thefirearm, and the licence number orother evidence of the person's authorityto possess the firearm; and

(ii) the make, type, calibre, action, serial

number and, where known or available,model of the firearm; and

(b) in the case of a firearm going out of thepossession of the dealer—

(i) where the case so requires, the permitto acquire; and

s. 87

S. 87(1)(b)amended byNo. 50/2007s. 25(1).

S. 87(2)(a)(ii)amended by

No. 52/2010s. 19(a).

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(3) A licensed firearms dealer must ensure that theregister of transactions—

(a) is kept at the premises specified in thelicence; and

(b) is kept in a place of safekeeping andseparately from any place of safekeepingwhere firearms are kept; and

(c) is available for inspection by a member of

the police force at any reasonable time.Penalty: 60 penalty units or 12 months

imprisonment.

(4) A licensed firearms dealer must ensure that therecord of a transaction or dealing is madeimmediately on the transaction taking place.


(5) A licensed firearms dealer must ensure that anyentry in a register of transactions kept by him iskept for a period of 5 years after the entry is madein the register.


(6) A person whose dealers licence has expired or hasbeen suspended or cancelled must—

(a) keep the register of transactions in which heor she has kept his or her transactions for aperiod of 5 years after the last entry has beenmade in the register; or

(b) surrender the register of transactions kept byhim or her to the Chief Commissioner of Police at any time during the period of 5 years after his or her licence expired or wassuspended or cancelled.


s. 87

S. 87(6)inserted byNo. 50/2007s. 25(2).

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88 Firearms to be labelled with transaction details

A licensed firearms dealer must ensure that a labelis fixed to each firearm in the dealers possessionwhich shows a number which is capable of beingused to identify the record of any transaction ordealing in the firearm in the register of transactions.


89 Power to inspect register and stock(1) A member of the police force may inspect the

register of transactions and the stock kept by alicensed firearms dealer at any reasonable time.

(2) A member of the police force may inspect theregister of transactions kept by a person undersection 87(6) at any reasonable time.

90 Power to require production of licence

(1) A member of the police force who is at the

premises where a licensed firearms dealer carrieson the business to which the licence relates maydemand that the dealer produce the licence forinspection.

(2) A person must comply with a demand undersubsection (1) unless that person has a reasonableexcuse.


Division 5—Display by dealers

91 Display of firearms by dealers(1) If a licensed firearms dealer acquires, disposes of

or displays all or any of the firearms kept underthe licence at a premises other than the licensedpremises, the holder of the licence does notcommit an offence against Division 1 of this Part

s. 88


S. 89(2)inserted byNo. 50/2007s. 26.

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(i) that person must be directly supervisedby the dealer or an employee of thedealer; or

(ii) in the case of a firearm which has beenrendered permanently inoperable, theChief Commissioner has been notified,before the carriage or use of thefirearm, that the firearm is to be carriedor used without the direct supervision

of the dealer or an employee of thedealer;

(b) any firearm being carried or used under thepermit must be carried or used withoutammunition or with only blank or dummyammunition;

(c) a person who is not the licensed firearmsdealer or an employee of the dealer must notcarry 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 themanner and form approved by the Chief Commissioner.

(7) The applicant must pay the fee prescribed for apermit.

(8) The holder of a permit under this section must

comply with the permit.Penalty: 60 penalty units or 12 months

imprisonment.

_______________

s. 92A

S. 92A(4)(a)(ii)amended byNo. 52/2010s. 20.

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148

PART 4—ACQUISITION AND DISPOSAL OF FIREARMSAND RELATED ITEMS

Division 1—Offences relating to the acquisition and disposalof firearms

93 Persons from whom a dealer can acquire firearms

(1) A licensed firearms dealer must not acquire acategory A or B longarm unless the firearm isbeing acquired from a person listed insubsection (4).


(2) A licensed firearms dealer must not acquire acategory C or D longarm or a general categoryhandgun unless the firearm is being acquired froma person listed in subsection (4).


(3) A licensed firearms dealer must not acquire a—

(a) category E longarm or a category E handgun;or

(b) any other firearm to which subsections (1)and (2) do not apply—

unless the firearm is being acquired from a personlisted in subsection (4).

Penalty:

240 penalty units or 4 yearsimprisonment.

s. 93

S. 93(2)amended byNo. 28/2003s. 38(1).

S. 93(3)(a)amended byNo. 28/2003s. 38(2).

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(ii) in order to dispose of the firearm, theperson personally attends at thepremises where the dealer to whom thefirearm is being disposed of carries onbusiness;

(g) in the case of a category C longarm or ageneral category handgun, a person who isthe holder of an inter-State licence whichauthorises the possession, carriage or use of

the longarm or handgun being disposed of and who is also the holder of an inter-Statepermit to acquire a category C longarm or ageneral category handgun where—

(i) the permit to acquire has been issuednot more than 28 days before thedisposal of the firearm; and

(ii) in order to dispose of the firearm, theperson personally attends at thepremises where the dealer to whom the

firearm is being disposed of carries onbusiness.

94 Persons to whom a dealer can dispose of firearms

(1) A licensed firearms dealer must not dispose of acategory A or B longarm unless the dealerreasonably believes that the firearm is beingdisposed of to a person listed in subsection (4).


(2) A licensed firearms dealer must not dispose of acategory C or D longarm or a general categoryhandgun unless the dealer reasonably believes thatthe firearm is being disposed of to a person listedin subsection (4).


S. 93(4)(g)inserted byNo. 22/1998s. 23 ,amended byNo. 28/2003

s. 38(3).

s. 94

S. 94(2)amended byNo. 28/2003s. 39(1).

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(3) A licensed firearms dealer must not dispose of—

(a) a category E longarm or a category Ehandgun; or

(b) any other firearm to which subsections (1)and (2) do not apply—

unless the dealer reasonably believes that thefirearm is being disposed of to a person listed insubsection (4).


(4) A firearm may be disposed of under this section toany one of the following—

(a) another person who is a licensed firearmsdealer;

(b) a person who is authorised by a licenceunder this Act to possess, carry or use thatfirearm and who holds a permit under thisAct to acquire that firearm;

(c) a person who is exempted by this Act fromthe requirement to have a licence in order topossess, carry or use that category of firearm;

(ca) a member of staff of the Office of PoliceIntegrity who is—

(i) exempted by this Act from the

requirement to have a licence in orderto possess, carry or use firearms; and

(ii) authorised under section 103A of thePolice Integrity Act 2008 to acquire ordispose of firearms;

(d) a member of the police force, who is actingin the course of his or her duty;

S. 94(3)(a)amended byNo. 28/2003s. 39(2).

s. 94

S. 94(4)(ca)inserted byNo. 55/2009s. 16.

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(e) a person who is the holder of an inter-Statepermit to acquire a category A or B longarmwhere—

(i) that person is acquiring a category Aor B longarm in accordance with thepermit; and

(ii) the permit has been issued not morethan 28 days before the acquisition of the longarm; and

(iii) in order to acquire the longarm, thepermit holder personally attends at thepremises where the dealer from whomthe longarm is being acquired carries onbusiness;

(f) a person who is the holder of an inter-Statepermit to acquire a category C longarm or ageneral category handgun where—

(i) that person is acquiring a category Clongarm or a general category handgunin accordance with the permit; and

(ii) the permit has been issued not morethan 28 days before the acquisition of the firearm; and

(iii) in order to acquire the firearm, thepermit holder personally attends at the

premises where the dealer from whomthe firearm is being acquired carries onbusiness.

S. 94(4)(e)inserted byNo. 84/1997s. 44.

S. 94(4)(f)inserted byNo. 84/1997s. 44 ,amended byNo. 28/2003s. 39(3).

s. 94

S. 94(4)(f)(i)amended byNo. 28/2003s. 39(3).

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95 Prohibition on acquisition of firearm except fromlicensed firearms dealer

(1) A person who is not a licensed firearms dealermust not acquire a category A or B longarm froma person who is not a licensed firearms dealer,unless the person who is acquiring the firearmengages a licensed firearms dealer as his or heragent in the transaction.


(1A) A person who is not a licensed firearms dealermust not acquire a paintball marker from a personwho is not a licensed firearms dealer, unless theperson who is acquiring the paintball markerengages a licensed firearms dealer as his or heragent in the transaction.


(2) A person who is not a licensed firearms dealermust not acquire a category C or D longarm froma person who is not a licensed firearms dealer,unless the person who is acquiring the firearmengages a licensed firearms dealer as his or heragent in the transaction.


(2A) A person who is not a licensed firearms dealermust not acquire a general category handgun from

a person who is not a licensed firearms dealer,unless the person who is acquiring the firearmengages a licensed firearms dealer as his or heragent in the transaction.


S. 95(1)amended byNo. 28/2003s. 40(1).

s. 95


S. 95(2)amended byNo. 28/2003s. 40(2).

S. 95(2A)inserted byNo. 28/2003

s. 40(3).

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(3) A person who is not a licensed firearms dealermust not acquire a category E longarm from aperson who is not a licensed firearms dealer,unless the person who is acquiring the firearmengages a licensed firearms dealer as his or heragent in the transaction.


(4) A person who is not a licensed firearms dealermust not acquire a category E handgun from aperson who is not a licensed firearms dealer,unless the person who is acquiring the firearmengages a licensed firearms dealer as his or heragent in the transaction.


96 Prohibition on disposal of firearm except to licensedfirearms dealer

(1) A person who is not a licensed firearms dealermust not dispose of a category A or B longarm toa person who is not a licensed firearms dealer,unless the person who is disposing of the firearmengages a licensed firearms dealer as his or heragent in the transaction.


(1A) A person who is not a licensed firearms dealermust not dispose of a paintball marker to a person

who is not a licensed firearms dealer, unless theperson who is disposing of the paintball markerengages a licensed firearms dealer as his or heragent in the transaction.


S. 95(3)amended byNo. 28/2003s. 40(4).

S. 95(4)


S. 96(1)amended byNo. 28/2003s. 41(1).

s. 96

S. 96(1A)inserted byNo. 78/2005

s. 40.

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97 Fees to be charged by dealers

A licensed firearms dealer must not charge morethat the prescribed amount for acting as an agentunder section 95 or 96.


98 Requirement for taking or giving of possession of firearm to be in person

(1) A person who is not a licensed firearms dealermust not take possession of a firearm by anymeans other than by personally receivingpossession of the firearm.


(2) A person who is not a licensed firearms dealermust not give possession of a firearm by anymeans other than by personally giving possessionof the firearm.

Penalty:


99 Control of acquisition from a place outside the State

(1) If a licensed firearms dealer is acquiring acategory A or B longarm from a place outsideVictoria but within Australia (whether or not onhis or her own behalf or as an agent for anotherperson), the dealer must not take possession of that firearm from any person other than a personwho holds a licence in that place which

corresponds with a dealers licence.Penalty: 60 penalty units or 12 months

imprisonment.

s. 97

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(1A) If a licensed firearms dealer is acquiring apaintball marker from a place outside Victoria butwithin Australia (whether or not on his or her ownbehalf or as an agent for another person), thedealer must not take possession of that firearmfrom any person other than a person who holds alicence in that place which corresponds with adealers licence.

Penalty: 60 penalty units or 12 months

imprisonment.(2) If a licensed firearms dealer is acquiring a

category C or D longarm or a general categoryhandgun from a place outside Victoria but withinAustralia (whether or not on his or her own behalf or as an agent for another person), the dealer mustnot take possession of that firearm from anyperson other than a person who holds a licence inthat place which corresponds with a dealerslicence.


(3) If a licensed firearms dealer is acquiring acategory E longarm or a category E handgun froma place outside Victoria but within Australia(whether or not on his or her own behalf or as anagent for another person), the dealer must not takepossession of that firearm from any person otherthan a person who holds a licence in that placewhich corresponds with a dealers licence.


100 Control of disposal to place outside the State

(1) If a licensed firearms dealer is disposing of acategory A or B longarm to a place outsideVictoria but within Australia (whether or not onhis or her own behalf or as an agent for another


S. 99(2)amended byNo. 28/2003s. 42(1).

S. 99(3)amended byNo. 28/2003s. 42(2).

s. 100

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100A Hiring and loaning of firearms by licensed firearmsdealers

A licensed firearms dealer must not hire or loan afirearm to a person unless—

(a) the person is the holder of a licence thatauthorises the person to possess, carry or usethe type of firearm sought to be hired orloaned; and

(b) 28 days or more have expired since the issueof the licence referred to in paragraph (a);and

(c) the person possesses a registered firearmunder the licence, that has been acquiredbefore the hiring or loan takes place.


101 Prohibitions on advertising

(1) A person must not publish or cause to bepublished an advertisement which advertises thata firearm is offered for sale by a person who is nota licensed firearms dealer.


(2) In any proceedings for an offence undersubsection (1) it is a defence to prove thatimmediately before making the publication, theperson publishing the advertisement or causingthe advertisement to be published reasonably

believed that the person by whom the firearm wasoffered for sale was the holder of a firearmsdealers licence.


s. 100A

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(3) A person must not publish or cause to bepublished an advertisement that a firearm is forsale if the advertisement does not contain theserial number of the firearm and the licencenumber of the person disposing of the firearm.


(4) In any proceedings for an offence undersubsection (3) it is a defence to prove thatimmediately before making the publication, theperson publishing the advertisement or causingthe advertisement to be published, after makingreasonable enquiries, did not know that theadvertisement indicated that a firearm was forsale.

(5) Subsections (1) and (2) do not apply to thepublication of an advertisement in a magazinepublished by an approved club or in acommercially published firearms or shootingsports magazine.

101A Prohibition on the acquisition or disposal of traffickable quantities of firearms

(1) A person, who is not the holder of a dealerslicence, must not acquire or dispose of more than10 unregistered firearms within a period of 7 days.


(2) Subsection (1) does not apply if, in respect of anyone of the 10 firearms, the person has given a

notice to the Chief Commissioner undersection 115.

(3) A person who is convicted or found guilty of anoffence against subsection (1) is not liable to beconvicted or found guilty of an offence againstsection 95(1), (2), (2A), (3) or (4), section 96(1),(2), (2A), (3) or (4) or section 102(1), (2), (2A),


s. 101A

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(3) or (3A) in respect of possession of the samefirearms at the same time.

101B Prohibition on providing financial accommodationfor the illegal acquisition or disposal of firearms

(1) A person must not lend money, guarantee thelending of money or otherwise provide financialaccommodation for the purpose of acquiring ordisposing of a category A or B longarm—

(a) knowing that the acquisition or disposal doesnot comply with this Act; or

(b) being reckless as to whether or not theacquisition or disposal complies with thisAct.


(2) A person must not lend money, guarantee thelending of money or otherwise provide financialaccommodation for the purpose of acquiring ordisposing of a category C or D longarm or ageneral category handgun—




(3) A person must not lend money, guarantee thelending of money or otherwise provide financialaccommodation for the purpose of acquiring ordisposing of a category E longarm or a category Ehandgun—



s. 101B

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Division 2—Permit to acquire a firearm

102 Offence to acquire a firearm without a permit

(1) A person must not acquire a category A or Blongarm unless that person has a permit to acquirethat firearm.


(1A) A person must not acquire a paintball markerunless that person has a permit to acquire thatfirearm.


(2) A person must not acquire a category C or Dlongarm unless that person has a permit to acquirethat firearm.


(2A) A person must not acquire a general categoryhandgun unless that person has a permit to acquirethat handgun.


(3) A person must not acquire a category E longarmunless that person has a permit to acquire thatfirearm.


s. 102


S. 102(2)amended byNo. 28/2003s. 45(1).


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(3A) A person must not acquire a category E handgununless that person has a permit to acquire thathandgun.


(4) Subsections (1), (2), (2A), (3) and (3A) do notapply to a person who is a licensed firearm dealer.

(4A) Subsections (1), (2) and (2A) do not apply to amember of staff of the Office of Police Integritywho is authorised under section 103A of thePolice Integrity Act 2008 to acquire or dispose of firearms.

(5) Subsection (1) does not apply to a person—

(a) who is the holder of an inter-State permit toacquire a category A or B longarm which hasbeen issued not more than 28 days before theacquisition of the longarm; and

(b) who is acquiring a category A or B longarmin accordance with the permit; and

(c) who, in order to acquire the longarm,personally attends at the premises where thedealer—

(i) from whom the longarm is beingacquired; or

(ii) who is acting as agent in thetransaction—

(as the case requires) carries on business.


S. 102(4)amended byNo. 28/2003s. 45(4).


S. 102(5)inserted byNo. 84/1997s. 45.

s. 102

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(ii) who is acting as agent in thetransaction—

(as the case requires) carries on business.

103 Issue of permit to acquire

The Chief Commissioner may issue a permit to aperson to acquire a firearm if that person is theholder of a licence under Part 2 and that licenceauthorises the possession of that firearm (whether

or not generally or in specific terms).104 General discretion of Chief Commissioner to refuse

to issue a permit to acquire

(1) The Chief Commissioner must not issue a permitto acquire—

(a) if the applicant or any responsible person inrelation to the application is a prohibitedperson; or

(b) unless the Chief Commissioner is satisfied

that—(i) the applicant and all responsible

persons in relation to the application arefit and proper persons; and

(ii) the applicant can comply with thestorage requirements set out by orunder the Act; and

(iii) the acquisition of the firearm is notagainst the public interest; or

(c) for any prescribed reason; or

(d) unless—

(i) the applicant can demonstrate that thereason for which the licence wasrequired continues to apply in respect

s. 103

S. 104(1)(b)(iii)amended byNo. 22/1998s. 24(a).

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of the category of firearm for which theapplication for the permit is made; and

(ii) in the case of an application for apermit to acquire a category B longarmor a general category handgun, theapplicant has demonstrated a genuineneed to possess, carry or use acategory B longarm or a generalcategory handgun; and

(iia) in the case of an application for apermit to acquire a category E handgun,the applicant has demonstrated acompelling reason to possess, carry oruse a category E handgun; and

(iii) in the case of an application for apermit to acquire a category C or Dfirearm—

(A) if the application is for a semi-automatic rifle, the applicant doesnot possess another semi-automatic rifle; and

(B) if the application is for a semi-automatic shotgun or a pumpaction shotgun and the applicantholds the relevant licence for areason set out in section11(1)(a)(i), (ii) or (iv), theapplicant does not possess anothersemi-automatic shotgun or pumpaction shotgun; or

(e) in the case of an application for a permit toacquire a handgun by a person who has helda handgun target shooting licence for aperiod of 6 months or less, for any generalcategory handgun other than—

S. 104(1)(d)(ii)amended byNo. 28/2003s. 46(1)(a).

S. 104(1)(d)(iia)inserted byNo. 28/2003s. 46(1)(b).

S. 104(1)(d)(iii)(B)amended byNos 22/1998s. 24(b) ,28/2003s. 46(1)(c).

s. 104

S. 104(1)(e)inserted byNo. 28/2003s. 46(2),amended byNo. 78/2005s. 44(a)(i).

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(g) in the case of an application for a permit toacquire a handgun for the purpose of collecting handguns, unless a nominatedofficer of an approved firearms collectorsclub to which the applicant belongs hasendorsed the application.

(2) In determining whether or not an applicant has agenuine need to possess, carry or use a category Blongarm or a general category handgun, the Chief

Commissioner must have regard to—(a) in the case of a category B longarm, whether

or not the need expressed by the applicantcannot be satisfied by the possession,carriage or use of a category A longarm; and

(b) in any case, the number, category and type of firearms already possessed by the applicant;and

(c) any other prescribed matter.

105 Review of decision not to issue permitA non-prohibited person who has applied for theissue of a permit to acquire, may apply to theCommittee for a review of a decision of the Chief Commissioner not to issue a permit to that person.

106 Application for a permit to acquire

(1) A person who is applying for a permit to acquiremust make the application to the Chief Commissioner.

(1A) An application must specify the address where itis proposed that the firearm will ordinarily bestored.

(2) An application must be in a form and mannerapproved by the Chief Commissioner.

S. 104(1)(g)inserted byNo. 28/2003s. 46(2).

S. 104(2)amended byNo. 28/2003s. 46(3).

s. 105


S. 106(2)amended byNo. 78/2005s. 45.

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(3) The applicant must pay the prescribed fee for thepermit.

107 Waiting period for issue of permit

(1) In the case of an application for a permit toacquire which has been made by a person whodoes not possess a registered firearm under alicence under this Act, the Chief Commissionermust not issue the permit until 28 days haveexpired after the making of the application for thepermit.

(2) In any other case the Chief Commissioner mustnot issue the permit until sufficient time hasexpired to allow the Chief Commissioner toconsider the application properly.

108 Form of permit

A permit to acquire must be in the form approvedby the Chief Commissioner.

109 Conditions applying to a permit

(1) A permit to acquire is subject to any conditionwhich is imposed on that permit or generally onpermits to acquire by the Chief Commissioner andwhich is specified in the permit.

(2) A person who is the holder of a permit to acquiremust comply with any condition to which thepermit is subject.


110 Duration of permit

A permit to acquire continues in force from thetime it is issued—

(a) for a period of 28 days; or

S. 107substituted byNo. 22/1998s. 25.

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(b) until the firearm to which it relates isacquired; or

(c) if the permit is cancelled, until it iscancelled—

whichever occurs first.

111 Cancellation of permit

(1) A permit to acquire may be cancelled at any timeby the Chief Commissioner.

(2) The Chief Commissioner must serve notice of thecancellation of the permit on the holder of thepermit, either personally or by post and must givereasons for the cancellation in the notice.

(3) Cancellation of a permit under this section haseffect from the time at which notice undersubsection (2) is served.

112 Surrender of firearms acquired under cancelledpermit

(1) If a permit to acquire is surrendered or cancelled,the person to whom it was issued mustimmediately surrender to a member of the policeforce—

(a) the permit; and

(b) any firearm acquired under the permit.


(2) Despite the surrender or seizure of a firearm underthis section, the person who has surrendered thefirearm or from whom the firearm has been seizedcontinues to be the owner of the firearm.

s. 111

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(3) If the permit of a person who has surrendered afirearm or from whom a firearm has been seized,is cancelled, that person must dispose of thefirearm to a licensed firearms dealer within28 days of the cancellation of the permit.


_______________

S. 112(3)amended byNo. 26/1997s. 25.

s. 112

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PART 5—REGISTRATION OF FIREARMS

113 Keeping of register

(1) The Chief Commissioner must keep a register of each firearm kept within the State.

(2) The register is to be called the firearms register.

(3) The following particulars must be included in thefirearms register (to the extent that the particularsare known to the Chief Commissioner) against thefirearm to which they apply—

(a) the make, type, calibre, action, serial numberand, where known or available, model of thefirearm; and

(b) the name of the person who possesses thefirearm; and

(c) particulars of the licence under which thefirearm is possessed ; and

(ca) the address at which the firearm is ordinarilystored; and

(d) any other prescribed information.

(4) The Chief Commissioner may enter any otherinformation relating to the firearm on the register.

114 Exemption from Freedom of Information Act

(1) The firearms register is an exempt document forthe purposes of the Freedom of Information Act

1982 .(2) Subsection (1) does not apply where a person is

applying for information on the firearms registerwhich specifically relates to that person.

s. 113

S. 113(3)amended byNo. 50/2007s. 29(1).

S. 113(3)(a)amended byNo. 52/2010s. 21.

S. 113(3)(ca)


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(b) given not less than 7 days before the firearmis removed from the State.


(3) This section does not apply to a person whoremoves a firearm from the State for the purposeof no longer keeping it in the State where thatfirearm has been acquired in accordance withan inter-State permit to acquire and that firearmhas been acquired in circumstances to whichsection 102(5) or (6) applies.

117 Certificate of registration

(1) Immediately on registering a firearm, the Chief Commissioner must issue a certificate of registration for that firearm to the person whopossesses the firearm which—

(a) sets out the details of the registration of thefirearm; and

(b) the name of the person who possesses thefirearm; and

(c) any other prescribed information.

(2) Despite subsection (1), the Chief Commissioner isnot required to issue a certificate of registration inrespect of a firearm if the Chief Commissioner isnot aware of the person who possesses the firearmor of the licence particulars of the person whopossesses the firearm.

118 Notice of transactions

A licensed firearms dealer must ensure thatwritten notice of each transaction or dealing infirearms under the licence is sent to the Chief Commissioner within 28 days of the transaction ordealing taking place.


S. 116(3)inserted byNo. 84/1997s. 46.


s. 117

S. 117(2)inserted byNo. 50/2007s. 30.

S. 118amended by

No. 22/1998s. 27.

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119 Power of Chief Commissioner to requireinformation

(1) The Chief Commissioner may, by notice inwriting addressed to the holder of a licence underthis Act, require the holder to give the Chief Commissioner any information relating to theacquisition, disposal, possession, hiring or loaningof—

(a) firearms, firearm parts, silencers orprescribed items under the licence that arespecified in the notice; or

(b) firearms, firearms parts, silencers orprescribed items that have beenmanufactured by the holder of the licence.

(2) A person to whom a notice under subsection (1) isaddressed must comply with the notice within7 days of the giving of the notice.

Penalty: 60 penalty units or 12 months

imprisonment.119A Power of Chief Commissioner to require firearm to

have a serial number

(1) The Chief Commissioner may, before registeringa firearm, by notice in writing require the personwho possesses the firearm to have that firearmstamped with a number that will enable thatfirearm to be individually identified.

(2) A person to whom a notice under subsection (1) isaddressed must comply with the notice within28 days of the giving of the notice, unless theperson has made an application under section119B within the 28 day period.


(3) This section does not apply to a firearm that is notrequired to be registered under this Act.



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119B Application to have serial number affixed by amethod other than stamping

(1) A person who has received a notice in writingfrom the Chief Commissioner under section119A(1) may apply to the Chief Commissioner, inwriting, to have the number that enables thefirearm to be individually identified applied to thefirearm in a manner other than stamping.

(2) An application under subsection (1) must be madewithin 28 days of the giving of the notice.

(3) On receiving an application under subsection (1),the Chief Commissioner may, in writing, approvea manner of affixing the number to the firearmother than by stamping, and may imposeconditions on that approval.

(4) A person to whom an approval undersubsection (3) is addressed must comply with theapproval, within 28 days of the giving of theapproval.


120 Offence not to produce firearm for inspection

(1) A person in whose name a firearm is registeredmust produce the firearm for inspection at anyreasonable time and at any reasonably convenientplace when so requested by a member of thepolice force.


(2) This section does not apply in respect of a firearmregistered in the name of the Director, PoliceIntegrity.

_______________


s. 119B

S. 120amended byNos 28/2003s. 48, 55/2009s. 18 (ILAs. 39B(1)).

S. 120(2)inserted byNo. 55/2009s. 18.

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PART 6—STORAGE

121 Storage of firearms under longarm and handgunlicences

(1) A person who possesses a firearm under alongarm licence for a category A or B longarmmust store that firearm, when the firearm is notbeing 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 themanner provided for in that item.


(1A) A person who possesses cartridge ammunitionunder a longarm licence for a category A or Blongarm must store that cartridge ammunition,when the cartridge ammunition is not beingcarried 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 themanner provided for in that item.


(2) A person who possesses a firearm under ahandgun licence for a general category handgun ora longarm licence for a category C or D longarmmust store that firearm, when the firearm is notbeing carried or used—


s. 121


S. 121(2)


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(2A) A person who possesses cartridge ammunitionunder a handgun licence for a general categoryhandgun or a longarm licence for a category Cor D longarm must store that cartridgeammunition, when the cartridge ammunition is notbeing carried or used—




(3) A person who possesses a firearm under ahandgun licence for a category E handgun orunder a longarm licence for a category E longarmmust store that firearm, when the firearm is notbeing carried or used, in the manner provided forby the Chief Commissioner in the licence.


(3A) A person who possesses cartridge ammunitionunder a handgun licence for a category E handgunor under a longarm licence for a category Elongarm must store that cartridge ammunition,when the cartridge ammunition is not beingcarried or used in the manner provided for by theChief Commissioner in the licence.


s. 121

S. 121(2A)inserted byNo. 22/1998s. 28(2) ,amended byNo. 28/2003s. 49(2).

S. 121(3)amended byNo. 28/2003s. 49(3).

S. 121(3A)inserted byNo. 22/1998s. 28(3) ,amended byNo. 28/2003s. 49(4).

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121A Permit to store handguns

(1) The Chief Commissioner may grant a permit to aperson who is the holder of a general categoryhandgun licence or a dealers licence to store, atthe premises specified in the permit, the handgunsthat are—

(a) specified in the permit; and

(b) possessed by another holder of a general

category handgun licence who is unable tocomply with the condition of the licence setout in section 16(3) and (4) or the conditionset out in section 16(5) and (6) because theholder—

(i) proposes to be absent from the State fora substantial period of time; or

(ii) is temporarily physically incapacitated.

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

(a) if the applicant is a prohibited person; or

(b) unless the Chief Commissioner is satisfiedthat the applicant is a fit and proper person tohold such a permit; or

(c) unless the Chief Commissioner is satisfiedthat the licence holder under whose licencethe handguns are possessed, carried or usedis unable to comply with the condition of thelicence set out in section 16(3) and (4) or the

condition set out in section 16(5) and (6)because the holder—

(i) proposes to be absent from the State fora substantial period of time; or

(ii) is temporarily physically incapacitated.


s. 121A

S. 121A(1)(b)amended by

No. 107/2003s. 7(1).

S. 121A(2)(c)amended byNo. 107/2003s. 7(2).

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(3) A permit under this section remains in force forthe period specified in the permit, but in no case,for more than 12 months.

(4) The Chief Commissioner may impose anyconditions on the permit that the Chief Commissioner thinks fit.

(5) The holder of a permit under this section does notcommit an offence under this Part or undersection 7 when acting under and in accordancewith the permit.

(6) The licence holder under whose licence thehandguns are possessed, carried or used does notcommit an offence under this Part or undersection 7 or 36 when the handguns are storedunder and in accordance with the permit.

(7) An application for a permit must be in the formapproved by the Chief Commissioner.

(8) The applicant must pay the prescribed fee for such

a permit.(9) The holder of the permit must comply with the

permit.


122 Storage of firearms under firearms collectors andfirearms heirlooms licences and ammunition underfirearms ammunition collectors licence

(1) A person (who is not a person to whom subsection(1A) applies) who possesses a firearm (that is not

a category E handgun or a category E longarm)under a firearms collectors licence must store thatfirearm, when the firearm is not being carried—


S. 122(1)amended byNos 22/1998s. 29(1) ,28/2003s. 51(1).

s. 122

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(1A) If—

(a) a person possesses not more than 15 categoryA 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 whereno other firearms are stored—

the person must store each firearm held under thatlicence, 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 themanner provided for in that item.


(2) A person who possesses a category E handgun ora category E longarm under a firearms collectorslicence must store that firearm in the manner fixedin the licence.

Penalty:


(3) A person who possesses a firearm under afirearms heirlooms licence must store that firearm,when the firearm is not being carried—



s. 122

S. 122(2)amended byNo. 28/2003s. 51(2).

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(4) A person who possesses cartridge ammunitionunder a firearms ammunition collectors licencemust store that ammunition, when the ammunitionis not being carried—




123 Storage of firearms under dealers licences

(1) A person who possesses a category A or Blongarm under a dealers licence must store that

firearm in the manner fixed in the licence.Penalty: 60 penalty units or 12 months

imprisonment.

(2) A person who possesses a category C or Dlongarm or a general category handgun under adealers licence must store that firearm in themanner fixed in the licence.


(3) A person who possesses a category E longarm or acategory E handgun under a dealers licence muststore that firearm in the manner fixed in thelicence.



s. 123

S. 123(2)amended byNo. 28/2003s. 52(1).

S. 123(3)amended byNo. 28/2003s. 52(2).

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(4) A person who possesses ammunition under adealers licence must store that ammunition in themanner fixed in the licence.


__________________

S. 123(4)inserted byNo. 22/1998s. 30.

s. 123

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PART 6A—APPROVED CLUBS

Division 1—Approved handgun target shooting clubs

123A Power of the Chief Commissioner to approvehandgun target shooting clubs

(1) For the purposes of this Act the Chief

Commissioner may approve a person or body thatconducts handgun target shooting matches, if thatperson or body is either—

(a) a person incorporated under the CorporationsAct; or

(b) a body incorporated under the AssociationsIncorporation Act 1981 .

(2) The Chief Commissioner must not approve aperson or body under subsection (1) if any personwho is a director or office holder of that person orbody is a prohibited person.

123B Approved handgun target shooting clubs—Recordkeeping requirements

(1) In relation to any approved handgun targetshooting match conducted by an approvedhandgun target shooting club, the club must keepa record of—

(a) the time and place of the match; and

(b) details of any handgun used by each personparticipating in the match; and

(c) the name and handgun licence number of each person participating in the match.

(1A) In relation to any handgun target shoot conductedby an approved handgun target shooting club, theclub must keep a record of—

Pt 6A(Heading andss 123A–123W)inserted byNo. 28/2003s. 53.


s. 123A


S. 123B(1A)inserted byNo. 78/2005s. 46.

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(a) the time and place of the shoot; and

(b) details of any handgun used by each personparticipating in the shoot; and

(c) the name and handgun licence number of each person participating in the shoot.

(2) In relation to applications for membership of theclub, the club must keep a record of—

(a) a copy of each application that has beenmade; and

(b) any information that had been given to theclub with each such application.

(3) Records that are required to be kept under thissection must be—

(a) in writing; and

(b) in the form approved by the Chief Commissioner; and

(c) kept at the premises approved by the Chief Commissioner; and

(d) available to be produced to or inspected by amember of the police force at any reasonabletime; and

(e) kept in an accurate and legible manner; and

(f) made as soon as reasonably practicable

after—(i) the approved handgun target shooting

match or handgun target shoot to whichthe record relates takes places; or

(ii) the application to which the recordrelates is made.

s. 123B

S. 123B(3)(d)amended byNo. 50/2007s. 32(a).

S. 123B(3)(e)inserted byNo. 50/2007s. 32(b).

S. 123B(3)(f)inserted byNo. 50/2007s. 32(b).

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123C Approved handgun target shooting clubs—reporting requirements

(1) An approved handgun target shooting club must,within the 3 months after the end of each calendaryear submit to the Chief Commissioner a reportsetting out—

(a) a list giving details of all the approved

handgun target shooting matches conductedby the club during the year and of all thehandgun target shoots conducted by the clubduring the year; and

(b) the names of all persons who were, at anytime during the year, members of the club;and

(c) in respect of each such member of the club,if—

(i) the club is the only approved handguntarget shooting club of which thatperson is a member; or

(ii) if the club has been nominated by themember as his or her principal club—

details of—

(iii) each approved handgun target shootingmatch and each handgun target shootconducted by the club that that membercompeted in and details of each

handgun used by that member at eachsuch match and shoot; and

S. 123C(Heading)substituted byNo. 78/2005s. 47(1).S. 123Cinserted byNo. 28/2003s. 53.

s. 123C

S. 123C(1)(a)amended by

No. 78/2005s. 47(2)(a).

S. 123C(1)(c)amended byNo. 78/2005s. 47(2)(d).

S. 123C(1)(c)(iii)amended byNo. 78/2005s. 47(2)(b).

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(iv) each approved handgun target shootingmatch and each handgun target shootconducted by any other approvedhandgun target shooting club that thatmember competed in and details of each handgun used by that member ateach such match and shoot; and

(v) each handgun target shooting matchand each handgun target shoot

conducted in another State or aTerritory or a place outside Australiathat that member competed in anddetails of each handgun used by thatmember at each such match and shoot.


(2) A report under subsection (1) must be—

(a) in writing; and

(b) in the prescribed form.

(3) In this section competed has the same meaning asin section 16.

123D Approved handgun target shooting clubs—Requirements as to members

(1) An approved handgun target shooting club must

take the prescribed measures to ensure that anyholder of a general category handgun licencewhose licence has been suspended or cancelleddoes not take part in any handgun target shootingmatch or handgun target shoot conducted by theclub.

S. 123C(1)(c)(iv)amended byNos 78/2005s. 47(2)(c),52/2010s. 22(1).

S. 123C(1)(c)(v)inserted by

No. 52/2010s. 22(2),amended byNo. 12/2012s. 11.

S. 123C(2)(b)substituted byNo. 78/2005s. 47(3).

S. 123Dinserted byNo. 28/2003s. 53.

S. 123D(1)amended by

No. 50/2007s. 33(1).

s. 123D

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(1A) An approved handgun target shooting club musttake the prescribed measures to ensure that anyholder of a provisional general category handgunlicence whose provisional licence has beensuspended or cancelled does not take part in anyhandgun target shooting match or handgun targetshoot conducted by the club.

(2) An approved handgun target shooting club mustnot admit a person as a member of the club if the

person is a prohibited person.(3) An approved handgun target shooting club must

not admit a person as a member unless anominated officer of the club reasonably believesthat that person has submitted to the club—

(a) any records about that person kept by or onbehalf of the Chief Commissioner or anyperson holding a position equivalent to thatof the Chief Commissioner in theCommonwealth or in any other State or

Territory of the Commonwealth; and(b) two character references from people who

are of or over the age of 18 years, who are of good repute and who have known the personfor a minimum of 2 years; and

(c) the names of any other approved handguntarget shooting clubs of which that person isa member; and

(d) the names of any other approved handguntarget shooting clubs which, at any time inthe 5 years immediately preceding theapplication, the applicant—

(i) has applied to join; or

(ii) has had a membership of; or

S. 123D(1A)inserted byNo. 78/2005s. 48,amended byNo. 50/2007s. 33(1).

s. 123D

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(iii) has had a membership of cancelled orsuspended; or

(iv) has been refused membership of; and

(e) on the form approved by the Chief Commissioner—

(i) details of all handguns owned orpossessed by the applicant; and

(ii) details of any handguns (not in thepossession of the applicant) for whichthe applicant—

(A) has applied for a permit toacquire; or

(B) has, or has previously been issuedwith, a permit to acquire; or

(C) for which a permit to acquire haspreviously been refused.

(4) An approved handgun target shooting club mustnotify the Chief Commissioner—

(a) of the acceptance of each new member of theclub within 28 days of having done so; and

(b) of the refusal of an application formembership within 7 days of having doneso; and

(c) of the name of any person who hassurrendered his or her membership or whohas had his or her membership suspended or

cancelled, within 7 days of that surrender,suspension or cancellation.

(5) For the purposes of this Act, a person is taken notto be a member of an approved handgun targetshooting club until the Chief Commissionerreceives notification of that person's membershipunder subsection (3).

s. 123D

S. 123D(4)(b)amended byNo. 50/2007s. 33(2)(a).

S. 123D(4)(c)inserted byNo. 50/2007s. 33(2)(b).

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(a) the member has successfully completed acourse in handgun safety approved by theChief Commissioner; and

(b) the member has a good knowledge of firearms and firearms laws; and

(c) the member has safely participated in at least5 approved handgun target shooting matches;and

(d) the member can comply with the storagerequirements of this Act.

(2) An endorsement under this section must be madein the form and manner approved by the Chief Commissioner.

123G Approved handgun target shooting clubs—Power toendorse applications for permits to acquire

(1) For the purposes of section 104(1)(f) a nominatedofficer of an approved handgun target shootingclub, on behalf of a club, may endorse anapplication for a permit to acquire a handgun by amember of the club if the nominated officer issatisfied that—

(a) the member has successfully completed acourse in handgun safety approved by theChief Commissioner; and

(b) the member has a good knowledge of firearms and firearms laws; and

(c) the member can comply with the storage

requirements of this Act; and(d) the handgun is necessary to enable the

applicant to participate in a particular classof approved handgun target shootingmatches conducted by the club or anotherapproved handgun target shooting club.

S. 123Ginserted byNo. 28/2003s. 53.

s. 123G

S. 123G(1)(d)amended byNo. 78/2005s. 49.

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Division 2—Approved firearms collectors clubs

123H Power of the Chief Commissioner to approvefirearms collectors clubs

(1) For the purposes of this Act the Chief Commissioner may approve a person or body thathas as its members persons who collect firearms,if that person or body is either—

(a) a person incorporated under the CorporationsAct; or

(b) a body incorporated under the AssociationsIncorporation Act 1981 .

(2) The Chief Commissioner must not approve aperson or body under subsection (1) if any personwho is a director or office holder of that person or

body is a prohibited person.123I Approved firearms collectors clubs—Power to

endorse applications for firearms collectors licences

(1) For the purposes of section 21(2)(c) or section21A(2)(c), a nominated officer of an approvedfirearms collectors club, on behalf of the club,may endorse an application for a category 1 orcategory 2 firearms collectors licence (as the caserequires) by a member of the club if thenominated officer is satisfied that—

(a) the member has a good knowledge of firearms and firearms laws; and

(b) the member can comply with the storagerequirements of this Act.


S. 123Hinserted byNo. 28/2003s. 53.

s. 123H

S. 123Iinserted byNo. 28/2003s. 53.

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(iii) possesses or intends to possess afirearm—

the nominated officers must so advise the Chief Commissioner.

(2) If an approved firearms collectors club cancels orsuspends the membership of a person, within7 days of cancelling or suspending thatmembership, a nominated officer, on behalf of theclub, must so notify the Chief Commissioner andmust advise the Chief Commissioner of thereasons for cancelling or suspending thatmembership.

123L Approved firearms collectors clubs—Requirementsas to members and former members

(1) An approved firearms collectors club—

(a) must not admit a person as a member of theclub if the person is a prohibited person; and

(b) must not have a person as a collectormember of the club unless a nominatedofficer of the club reasonably believes thatthat person has submitted to the club—

(i) any records about that person kept byor on behalf of the Chief Commissioneror any person holding a positionequivalent to that of the Chief Commissioner in the Commonwealth orin any other State or Territory of theCommonwealth; and

S. 123L(Heading)amended byNo. 50/2007s. 34(1).S. 123Linserted byNo. 28/2003s. 53,amended by

No. 78/2005s. 50(2) (ILAs. 39B(1)).

s. 123L

S. 123L(b)amended byNo. 78/2005s. 50(1)(a).

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(ii) two character references from peoplewho are of or over the age of 18 years,who are of good repute and who haveknown the person for a minimum of 2 years; and

(iii) the names of any other approvedfirearms collectors clubs of which thatperson is a member; and

(iv) the names of any other approvedfirearms collectors clubs which, at anytime in the 5 years immediatelypreceding the person becoming acollector member of the club, theperson—

(A) has had a membership of; or

(B) has had a membership of cancelled or suspended; or

(C) has been refused membership of.

(1A) An approved firearms collectors club must notifythe Chief Commissioner of the name of anyperson who has surrendered his or hermembership or who has had his or hermembership suspended or cancelled, within7 days of that surrender, suspension orcancellation.

(2) In this section, collector member of the club means a member of the club who collectsfirearms.

s. 123L

S. 123L(b)(iv)

amended byNo. 78/2005s. 50(1)(b).

S. 123L(1A)inserted byNo. 50/2007s. 34(2).

S. 123L(2)inserted byNo. 78/2005s. 50(2).

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Division 3—General provisions applying to approvals underthis Part

123M Application for an approval under this Part

(1) An application for an approval under this Partmust be in a form and manner approved by theChief Commissioner.

(2) An applicant must pay the fee prescribed for theapplication.

123N Requirement to nominate officers

(1) In an application for an approval under Division 1or 2 of this Part, the applicant must nominate oneor more persons, who are officers of the applicant,to be nominated officers for the purposes of thisAct.

(2) If, at any time during the course of an approvalunder this Part, there ceases to be an officer of theclub who is a nominated officer, the club mustnominate an officer to be a nominated officer andmust immediately notify the Chief Commissionerof that nomination.

(3) At any time during the course of an approvalunder this Part, the club may nominate anotherperson to replace a nominated officer and mustimmediately notify the Chief Commissioner of that nomination.

(4) A person who is a prohibited person is not entitledto be a nominated officer under this section. If, atany time during the course of an approval underthis Part, a nominated officer becomes aprohibited person, that person ceases to be anominated officer.

(5) A notice under this section must be in writing.

S. 123Minserted byNo. 28/2003s. 53.

s. 123M

S. 123Ninserted byNo. 28/2003s. 53.

S. 123N(1)amended byNo. 78/2005s. 51.

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123O Review of decision to refuse an approval under thisPart

An applicant for an approval under this Part may,if the nominated officers of the applicant are non-prohibited persons, apply to the Committee for areview of a decision of the Chief Commissionernot to grant the approval or for a review of afailure of the Chief Commissioner to make adecision on the application within a reasonable

time.123P Conditions for an approval under this Part

(1) An approval under this Part is subject to anyconditions imposed on the approval by the Chief Commissioner.

(2) The Chief Commissioner may, at any time, varyany condition imposed on an approval.

(3) The variation of a condition under this section haseffect on the giving of notice in writing of that

variation to the holder of the approval.123Q Review of decision to vary the conditions of an

approval under this Part

The holder of an approval under this Part may, if the officers of the holder are non-prohibitedpersons, apply to the Committee for a review of any decision of the Chief Commissioner to varyany conditions on the approval.

123R Duration of an approval under this Part

An approval under this Part continues in force forthe period, not exceeding 5 years from the issue orrenewal of the approval, that is specified in theapproval.

S. 123Oinserted byNo. 28/2003s. 53.

s. 123O

S. 123Pinserted byNo. 28/2003s. 53.

S. 123Qinserted byNo. 28/2003s. 53.

S. 123Rinserted byNo. 28/2003s. 53.

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123S Renewal of an approval under this Part

(1) Before the expiration of an approval under thisPart, the holder may apply to the Chief Commissioner for renewal of the approval.

(2) A person or body who is making an applicationfor the renewal of an approval under this Partmust make that application to the Chief Commissioner.

(3) An application must be in the form and mannerapproved by the Chief Commissioner.

(4) The applicant must pay the fee prescribed for theapplication.

123T Power of the Chief Commissioner to renew anapproval under this Part

(1) The Chief Commissioner may renew or refuse torenew an approval under this Part and, if theapproval is to be renewed, the Chief Commissioner may alter or vary the conditions onthe approval or impose further conditions on theapproval.

(2) The Chief Commissioner must not renew anapproval under this Part if any person who is adirector or officer of the club is a prohibitedperson.

123U Review of a decision not to renew an approval underthis Part

An applicant for the renewal of an approval under

this Part may, if the officers of the applicant arenon-prohibited persons, apply to the Committeefor a review of a decision of the Chief Commissioner not to renew the approval or for areview of a failure of the Chief Commissioner tomake a decision on the application within areasonable time.

S. 123Sinserted byNo. 28/2003s. 53.

s. 123S

S. 123Tinserted byNo. 28/2003s. 53.

S. 123Uinserted byNo. 28/2003s. 53.

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123V Power of Chief Commissioner to cancel an approvalunder this Part

(1) The Chief Commissioner may cancel an approvalunder this Part, if after considering anysubmissions made within the time fixed formaking submissions, the Chief Commissioner issatisfied that—

(a) the club has failed to comply with anyprovision of this Act; or

(b) the club has failed to comply with anycondition imposed on the approval of theclub by the Chief Commissioner.

(2) If the Chief Commissioner proposes undersubsection (1) to cancel an approval, before doingso the Chief Commissioner must so notify theclub in writing.

(3) A club that has received a notice under subsection(2) may, within 28 days of receiving that notice,

make written submissions to the Chief Commissioner on the proposal to cancel theapproval.

123W Review of decision to cancel an approval under thisPart

The holder of an approval under this Part whoseapproval has been cancelled under section 123Vmay, if the officers of the holder are non-prohibited persons, apply to the Committee for areview of that decision.

_______________

S. 123Vinserted byNo. 28/2003s. 53.

s. 123V

S. 123Winserted byNo. 28/2003s. 53.

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Part 7—Further Offences and Legal Proceedings


200

PART 7—FURTHER OFFENCES AND LEGALPROCEEDINGS

124AA Conspiring to commit and aiding the commission of an offence outside Victoria

(1) A person who, in Victoria—

(a) conspires with another person or persons tocommit an offence (in this section called theprincipal offence) in a place outside Victoria,

being an offence punishable under theprovisions of a law in force in that place thatcorresponds to a provision of this Act; or

(b) aids, abets, counsels, procures, solicits orincites the commission of an offence (in thissection called the principal offence) in anyplace outside Victoria, being an offencepunishable under the provisions of a law inforce in that place that corresponds to aprovision of this Act—

is guilty of an offence.(2) A person who is guilty of an offence under

subsection (1)—

(a) is liable to the same penalty as that which theperson would be subject to; and

(b) may be dealt with in the same manner as thatin which the person would be dealt with—

if the principal offence had been committed inVictoria.

124 Possession of cartridge ammunition

(1) A person must not possess cartridge ammunitionunless that person—

(a) is the holder of a licence under this Act or apermit under section 58A; or


s. 124AA

S. 124(1)amended byNo. 22/1998s. 43(Sch.item 8(a)).

S. 124(1)(a)amended byNo. 28/2003s. 55.

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(b) is the holder of a licence to keep explosivesfor sale and to sell explosives issued underthe Dangerous Goods Act 1985 ; or

(c) is not required to have a licence under thisAct in order to possess a firearm.


(2) The holder of a licence under this Act (other thana firearms ammunition collectors licence), must

not possess cartridge ammunition which is notsuitable for use in the category of firearms thatthat person is authorised to possess, carry or useunder the licence.


(3) A person who is not required to have a licenceunder this Act in order to possess, carry or use afirearm must not possess cartridge ammunitionwhich is not suitable for use in the category of firearms that that person may possess, carry or use

without having to obtain a licence.Penalty: 10 penalty units.

125 Disposal of cartridge ammunition to unauthorisedpersons

A person must not dispose of cartridgeammunition to another person unless the person towhom the cartridge ammunition is disposed of—

(a) produces a licence under this Act to possess,carry or use a firearm, and the cartridge

ammunition is suitable for use in a firearmthat that person is authorised to possess,carry or use under that licence; or

(b) produces a licence to keep explosives forsale and to sell explosives under theDangerous Goods Act 1985 and thecartridge ammunition is cartridge

S. 124(2)amended byNo. 22/1998s. 43(Sch.item 8(b)).

S. 124(3)amended byNo. 22/1998s. 43(Sch.item 8(c)).

S. 125amended byNo. 22/1998s. 43(Sch.item 9).

s. 125

S. 125(a)amended byNo. 22/1998s. 43(Sch.item 9).

S. 125(b)amended byNo. 22/1998s. 43(Sch.item 9).

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ammunition that that person is authorised tokeep for sale and sell under that licence; or

(c) produces evidence that he or she is notrequired to have a licence under this Act inorder to possess, carry or use a firearm of thetype the cartridge ammunition is suitable for.


126 Safekeeping of firearms and cartridge ammunitionwhile being carried or used

(1) A person who is carrying or using a category Aor B longarm must—

(a) ensure that the firearm is carried and used ina manner that is secure and is not dangerous;and

(b) must take reasonable precautions to ensurethat the firearm is not lost or stolen.

Penalty:

60 penalty units or 12 monthsimprisonment.

(2) A person who is carrying or using a category Cor D longarm or a general category handgunmust—

(a) ensure that the firearm is carried and used ina manner that is secure and is not dangerous;and

(b) must take reasonable precautions to ensurethat the firearm is not lost or stolen.


S. 125(c)amended byNo. 22/1998s. 43(Sch.item 9).

S. 126(2)amended byNo. 28/2003s. 56(1).

s. 126

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(1A) A person who possesses a paintball marker mustnot permit that firearm to be carried or used byany person who is not—

(a) so authorised by a licence under Part 2; or

(b) exempted by this Act from the requirementto be so authorised.


(2) A person who possesses a category C orD longarm must not permit that firearm to becarried or used by any person who is not—




(2A) The possessor of a handgun must not permit aperson to have access to or to carry or use thathandgun if that person is not—

(a) so authorised by a licence under Part 2 or apermit under Division 10 of that Part; or



(3) A person who possesses a category E longarmmust not permit that firearm to be carried or usedby any person who is not—



S. 127(2)amended byNo. 28/2003s. 57(1).

s. 127


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129A Offence for unlicensed person to store in an insecuremanner

A person who possesses a firearm and who doesnot have a licence under this Act authorising thepossession of that firearm must not store thatfirearm or any cartridge ammunition in his or herpossession in an insecure manner.


130 Offence to carry or use a firearm in certain places

(1) A person must not carry a loaded firearm or use afirearm in a town or populous place or on anythoroughfare or place open to or used by thepublic for passage with vehicles.


(2) Subsection (1) does not apply to—

(a) any member of the police force or aprotective services officer when acting in thecourse of his or her official duties when soauthorised by the Chief Commissioner; or

(ab) any member of staff of the Office of PoliceIntegrity when acting in the course of his orher official duties and when so authorised bythe Director, Police Integrity underDivision 9 of Part 4 of the Police IntegrityAct 2008 ; or

(b) any member of a police force of theCommonwealth or of another State or aTerritory when carrying or using a firearmissued to him or her for the performance of adetailed duty; or

(c) any person who holds a licence under thisAct, issued for the reason of security guardor prison guard when carrying or using a


S. 130(2)(a)amended byNo. 26/1997s. 26(a).

S. 130(2)(ab)inserted byNo. 55/2009s. 19.

s. 129A

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131 Offence to possess, carry or use a firearm on privateproperty without consent

(1) A person must not—

(a) possess, carry or use a firearm on privateproperty; or

(b) discharge a shot, bullet or other missile froma firearm onto or across private property—

without the consent of the owner or occupier of the property.


(2) In any proceedings for an offence undersubsection (1)(a), it is a defence for a person tosatisfy the court that he or she was approachingthe residence of the owner or occupier of theproperty along a defined path for the purposes of applying for such consent.

(3) Subsection (1) does not apply to—(a) any member of the police force or a

protective services officer when acting in thecourse of his or her official duties and whenso authorised by the Chief Commissioner; or

(ab) any member of staff of the Office of PoliceIntegrity when acting in the course of his orher official duties and when so authorised bythe Director, Police Integrity underDivision 9 of Part 4 of the Police Integrity

Act 2008 ; or(b) any member of a police force of the

Commonwealth or of another State or aTerritory when carrying or using a firearmissued to him or her for the performance of adetailed duty; or

s. 131

S. 131(3)inserted byNo. 26/1997s. 27.

S. 131(3)(ab)inserted byNo. 55/2009s. 20.

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(c) any person who holds a licence under thisAct, issued for the reason of prison guardwhen carrying or using a firearm which theguard is authorised to carry or use under thelicence, when acting in the course of his orher duties as a prison guard and when in theimmediate pursuit of a person under his orher custody; or

(d) any person who holds a licence under this

Act, when carrying or using a firearm whichthe person is authorised to carry or use underthe licence and who is acting in the course of his or her duties under any relevant lawwithin the meaning of the Conservation,Forests and Lands Act 1987 or under theLivestock Disease Control Act 1994 or thePrevention of Cruelty to Animals Act1986 .

(4) Despite subsection (1), a person—

(a) who is possessing or carrying a firearmunder a licence under this Act; and

(b) who is crossing Crown land over which thereis a licence, for the purpose of hunting inaccordance with the Wildlife Act 1975 onland that can only be accessed by passageover the Crown land—

is not required to obtain the consent of the holderof the licence over the Crown land.

132 Offences about the carriage and the use of firearms

(1) A person must not carry or use a firearm if thatperson is under the influence of intoxicating liquoror a drug.


S. 131(4)inserted by

No. 50/2007s. 35.

s. 132

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(2) A person must not, for the purpose of committingan indictable offence, carry a firearm which isconcealed from view.


133 Disposal of a firearm to person who is intoxicated

A person must not dispose of a firearm to a personwhom the person disposing of the firearm

reasonably believes to be under the influence of intoxicating liquor or a drug.


134 Certain offences as to firearms, firearm parts,silencers and prescribed items

(1) A person must not shorten the barrel of a longarmso as to reduce the length of the firearm to lessthan 75 centimetres measured parallel with thebarrel or the length of the barrel to less than50 centimetres.


(2) A person must not alter a firearm which has beenrendered permanently inoperable so that thefirearm can discharge any shot, bullet or missile.


(3) A person must not deface or alter any number orletter or other identifying symbol or mark on afirearm.


s. 133


S. 134(3)

amended byNo. 28/2003s. 59.

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(4) A person must not destroy, or render inoperable, afirearm, firearm part, silencer or prescribed itemunless that person does so in a manner approvedby the Chief Commissioner.


134A Requirement to obtain consent of Chief Commissioner to certain alterations of firearms

(1) A person must not alter a firearm so that itbecomes a different category of firearm unless,before doing so, the person obtains the consent of the Chief Commissioner to do so.


(2) A person must not increase the magazine capacityof a firearm if the increase in the magazinecapacity would cause the firearm to become adifferent category of firearm unless, before doingso, the person obtains the consent of the Chief

Commissioner.Penalty: 60 penalty units.

134AB Offence to possess or carry certain parts without theconsent of the Chief Commissioner

A person must not possess or carry a part of afirearm that is capable of being used to alter thecategory of a firearm in the person's possession,carriage or use so that the firearm becomes adifferent category of firearm to that which theperson is authorised to possess, carry or use underhis or her licence—

(a) without lawful excuse; or

(b) unless before doing so, the person obtainsthe consent of the Chief Commissioner.


S. 134(4)inserted byNo. 50/2007s. 36(2).

S. 134Ainserted byNo. 28/2003s. 60,

amended byNo. 50/2007s. 37 (ILAs. 39B(1)).

s. 134A


S. 134ABinserted byNo. 50/2007s. 38.

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

A person who alters the calibre of a firearm in amanner not provided for in the originalmanufacture of the firearm must notify the Chief Commissioner of the alteration within 7 days of doing so.


134C Offence to possess a firearm with no serial number(1) A person must not, without reasonable excuse,

possess a firearm on which there is no serialnumber.


(2) In any proceeding against a person for an offenceunder this section, it is not necessary for theprosecution to prove that the person knew, wasaware, believed or suspected that there was noserial number on the firearm.

(3) In any proceeding for an offence under thissection, it is a defence if the person charged hadreasonable grounds for believing that there was aserial number on the firearm.

(4) To avoid doubt, a firearm in which the serialnumber has been erased or removed is a firearmon which there is no serial number.

135 Offence to own a firearm without a licence to

possess(1) A person must not own a category A or B longarm

unless that person is authorised by a licence underthis Act to possess the firearm.



s. 134B

S. 134Cinserted byNo. 28/2003s. 60,substituted byNo. 52/2010s. 23.

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(2) A person must not own a category C or D longarmor a general category handgun unless that personis authorised by a licence under this Act to possessthe firearm.


(3) A person must not own a category E longarm or acategory E handgun unless that person isauthorised by a licence under this Act to possessthe firearm.


(4) A person must not own a paintball marker unlessthat person is authorised by a licence under thisAct to possess the paintball marker.


136 Disposal of firearms to minors

A person must not dispose of a firearm to a personwho is under 18 years of age.


137 Alteration of documents

(1) A person must not alter the particulars on alicence, permit, certificate or other documentissued under this Act.

Penalty:


(2) Subsection (1) does not apply to the Chief Commissioner or any person acting on behalf of the Chief Commissioner.

S. 135(2)amended byNo. 28/2003s. 61(1).

S. 135(3)amended byNo. 28/2003s. 61(2).

S. 135(4)inserted byNo. 78/2005s. 53.


s. 136

S. 137(2)inserted byNo. 22/1998s. 33.

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138 False entries

A person must not make or cause to be made afalse or misleading entry in a register or otherrecord required to be kept under this Act.


139 Notification of change of certain details

The holder of a licence or permit under this Actmust notify the Chief Commissioner in writing of any change to the following details—

(a) the address which appears on the licence orpermit; and

(b) the holder's permanent place of residence;and

(c) the holder's postal address; and

(ca) the holder's ordinary place of residence; and

(d) the address where any firearm held under thelicence is ordinarily stored; and

(e) if the holder is a licensed firearms dealer, theaddress where he or she carries on thebusiness to which the licence relates—

within 14 days after the change occurs.


140 Requirement to notify Chief Commissioner of loss etc.

The holder of a licence must notify the Chief Commissioner of any loss, theft or destruction of afirearm in the holder's possession within 24 hoursafter becoming aware of that loss, theft ordestruction.


S. 139amended byNo. 26/1997s. 28,substituted byNo. 50/2007s. 39.

S. 139(ca)inserted byNo. 52/2010

s. 24.

s. 138

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(d) the information specified in the certificate isrecorded on the Register; or

(e) the firearm specified in the certificate is or isnot registered; or

(f) a firearm is of a particular type or category—

is evidence, and in the absence of evidence to thecontrary, is proof of the facts stated in it.

142 Liability of officers of body corporate or nominatedpersons for offences committed by the bodycorporate

If a body corporate is guilty of an offence againstthis Act or any regulation made under this Act,any officer of the body corporate or nominatedperson who was in any way, by act or omission,directly or indirectly, knowingly concerned in or aparty to the commission of the offence is alsoguilty of that offence and liable to the penalty forthat offence.

143 How to determine state of mind of a body corporate

If, in any proceeding for an offence against thisAct, it is necessary to establish the state of mindof a body corporate in relation to particularconduct, it is sufficient to show that—

(a) the conduct was engaged in by an officer,employee or agent of the body corporatewithin the scope of his or her actual orapparent authority; and

(b) the officer, employee or agent had that stateof mind.

s. 142

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Part 8—Further Enforcement Powers


218

PART 8—FURTHER ENFORCEMENT POWERS

146 Warrants to search premises

(1) A member of the police force may apply to amagistrate for the issue of a search warrant inrelation to particular premises (including anyvehicle on or in those premises) or a particularvehicle located in a public place, if the memberbelieves on reasonable grounds that an offenceagainst this Act is being or is about to becommitted.

(2) If the magistrate is satisfied by the evidence onoath, whether oral or by affidavit, that there arereasonable grounds for suspecting that an offenceagainst this Act is being or is about to becommitted, the magistrate may issue a searchwarrant authorising the member named in thewarrant and any assistants the member considersnecessary—

(a) to enter the premises named or described inthe warrant or the vehicle named ordescribed in the warrant that is located in apublic place; and

(b) to search for and seize any evidence of theoffence named or described in the warrant.

(3) In addition to any other requirement, a searchwarrant issued under this section must state—

(a) the offence suspected; and

(b) the premises or vehicle located in a publicplace to be searched; and

(c) a description of the evidence to be searchedfor; and

(d) any conditions to which the warrant issubject; and

s. 146

S. 146(1)amended byNo. 25/2009s. 9(1).

S. 146(2)(a)amended byNo. 25/2009s. 9(2).

S. 146(3)(b)amended byNo. 25/2009s. 9(3).

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(e) whether entry is authorised to be at any timeor during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases tohave effect.

(4) A search warrant must be issued in accordancewith the Magistrates' Court Act 1989 and in theprescribed form under that Act.

(5) The rules to be observed with respect to searchwarrants set out by or under the Magistrates'Court Act 1989 extend and apply to warrantsunder this section.

(6) Nothing in this section or section 147 or 148limits the power of a member of the police forceunder section 149.

147 Announcement before entry

(1) Before executing a search warrant, the membernamed in the warrant or person assisting must—

(a) announce that he or she is authorised bywarrant to enter the premises or the vehiclelocated in a public place, as the caserequires; and

(b) give any person at the premises or on or inthe vehicle an opportunity to allow entry tothe premises or the vehicle.

(2) The member or a person assisting the memberneed not comply with subsection (1) if he or she

believes, on reasonable grounds, that immediateentry to the premises or the vehicle is required toensure—

(a) the safety of any person; or

(b) that the effective execution of the searchwarrant is not frustrated.

S. 146(6)inserted byNo. 25/2009s. 9(4).

s. 147

S. 147(1)subtituted byNo. 25/2009s. 10(1).

S. 147(2)amended byNo. 25/2009s. 10(2).

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(c) the member complies with subsection (3)—

the member may without warrant—

(d) search the person and any vehicle, packageor thing in the possession of the person; and

(e) seize any firearm, cartridge ammunition,silencer or prescribed item found during thecourse of the search.

(2) For the purposes of subsection (1), the fact that aperson is present in a location with a highincidence of violent crime may be taken intoaccount in determining whether there arereasonable grounds for suspecting that the personhas a firearm, cartridge ammunition, silencer orprescribed item in his or her possession.

(3) Before a member of the police force commences asearch of a person under subsection (1), themember must—

(a) inform the person of the member's name,rank and place of duty; and

(b) if requested by the person, provide theinformation referred to in paragraph (a) inwriting; and

(c) produce his or her identification forinspection by the person, unless the memberis in uniform.

(4) In conducting a search of a person undersubsection (1), a member of the police force—

(a) may request that the person produce anything that the member has detected or seenduring the search on the person or in avehicle, package or thing in the possession orunder the control of the person, which themember has reasonable grounds forsuspecting is a firearm, cartridgeammunition, silencer or prescribed item; and

s. 149

S. 149(1)(e)amended byNo. 50/2007s. 41.

S. 149(2)amended byNo. 50/2007s. 41.

S. 149(4)(a)amended byNo. 50/2007s. 41.

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(b) if a request is made under paragraph (a),must warn the person that refusal or failureto produce any thing so requested may be anoffence.

(5) A person must not, without reasonable excuse,refuse or fail to produce any thing in accordancewith a request made under subsection (4).


149A Duty to make records concerning searches(1) A member of the police force who conducts a

search under section 149 must make a writtenrecord of the search containing the prescribedparticulars.

(2) The record must be made immediately after thecompletion of the search or, if that is notpracticable, as soon as practicable after thecompletion of the search.

(3) A person subjected to a search under section 149is entitled, on request and without charge, to acopy of the record of the search, if the request ismade not later than 1 year after the date of thesearch.

(4) A request under subsection (3) is made to theofficer in charge of the place of duty, referred toin section 149(3)(a), of the member whoconducted the search.

150 Power to require production of licence

(1) A member of the police force—(a) who has reasonable grounds for suspecting

that a person has committed or is about tocommit an offence against this Act or that aperson is in possession of a firearm; and


s. 149A

S. 150(1)(a)amended byNo. 9/2003s. 10.

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(b) who produces his or her identification forinspection by the person—

may demand that the person produce his or herlicence or permit under this Act.

(2) A person to whom a demand is directed undersubsection (1) must comply with that demand.


151 Powers of court to order forfeiture of firearms,cartridge ammunition, silencers or prescribed items

(1) If a person has by the operation of a finding by acourt or the making of an order by a court—

(a) become a prohibited person; or

(b) been found guilty of—

(i) an offence against this Act; or

(ii) an offence under another Act involving

the possession, carriage or use of afirearm—

the Supreme Court, or the court who makes thefinding or order, may order the forfeiture to theCrown of any firearm, cartridge ammunition,silencer or prescribed item in the possession of orused or carried by the person.

(2) The court must notify the Chief Commissioner of the forfeiture of the firearm, cartridgeammunition, silencer or prescribed item.

152 Disposal of forfeited firearms

Any firearm which is forfeited to the Crown underthis Act or any other Act must be—

(a) destroyed; or


S. 151(1)amended byNos 22/1998s. 43(Sch.item 12),50/2007s. 42(2).

s. 151

S. 151(2)amended byNo. 50/2007s. 42(3).

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(b) disposed of in accordance with one of thefollowing subparagraphs—

(i) if the person who is entitled to possessthe firearm under this Act is not theperson from whom the firearm wasseized, by returning it to the personentitled to possess the firearm; or

(ii) by giving the firearm to any person orbody approved by the Minister topossess the firearm for a purposeapproved by the Minister.

153 Power of court to make an order with respect to thedisposal of a firearm, cartridge ammunition,silencer or prescribed item

If a firearm, cartridge ammunition, silencer orprescribed item has been surrendered or seizedunder this Act or any other Act or has beenhanded in to a member of the police force and—

(a) the owner cannot be found; or(b) it is otherwise necessary for the firearm,

cartridge ammunition, silencer or prescribeditem to be disposed of—

the Magistrates' Court may, on the application of amember of the police force, order that the firearm,cartridge ammunition, silencer or prescribed item

be destroyed or otherwise disposed of in themanner approved by the Court.

S. 152(b)(ii)substituted byNo. 49/2006s. 22.

S. 153(Heading)inserted byNo. 50/2007s. 43(1).S. 153amended byNos 22/1998s. 43(Sch.item 13),50/2007s. 43(2).

s. 153

S. 153(b)amended byNos 22/1998s. 43(Sch.item 13),50/2007s. 43(2).

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153A Authorised officers under the Conservation, Forestsand Lands Act 1987 to exercise powers under thisAct

(1) If—

(a) an authorised officer has reasonable groundsfor suspecting that a person is committing oris about to commit an offence against thisAct and that person has a firearm, cartridgeammunition, silencer or prescribed item inhis or her possession and—

(i) the offence is or is about to becommitted on land administered by theMinister administering the Conservation, Forests and Lands Act1987 , or on a road adjacent to suchland; or

(ii) the authorised officer is acting underhis or her duties under the Wildlife Act1975 or the Fisheries Act 1995 ; and

(b) the authorised officer informs the person of the grounds for his or her suspicion; and

(c) the authorised officer complies withsubsection (1A)—

the authorised officer may—

(d) search the person and any vehicle, packageor thing in the possession of the person; and

(e) seize any firearm, cartridge ammunition,silencer or prescribed item found during thecourse of the search.


S. 153A(1)amended byNo. 22/1998s. 43(Sch.item 14(a)(b)) ,substituted byNo. 9/2003s. 11(1).

s. 153A

S. 153A(1)(a)amended byNo. 50/2007s. 44.

S. 153A(1)(c)amended byNo. 107/2003s. 8.

S. 153A(1)(e)amended byNo. 50/2007s. 44.

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(1A) Before an authorised officer commences a searchof a person under subsection (1), the authorisedofficer must—

(a) inform the person of the officer's name, title,the agency employing the officer and theofficer's place of employment; and

(b) if requested by the person, provide theinformation referred to in paragraph (a) inwriting; and

(c) produce his or her identification forinspection by the person.

(1B) In conducting a search of a person undersubsection (1), an authorised officer—

(a) may request that the person produce anything that the authorised officer has detectedor seen during the search on the person or ina vehicle, package or thing in the possessionof the person, which the authorised officerhas reasonable grounds for suspecting is afirearm, cartridge ammunition, silencer orprescribed item; and

(b) if a request is made under paragraph (a),must warn the person that refusal or failureto produce any thing so requested may be anoffence.

(1C) A person must not, without reasonable excuse,refuse or fail to produce any thing in accordancewith a request made under subsection (1B).


(2) If—

(a) an authorised officer has reasonable groundsfor suspecting that a person is committing oris about to commit an offence against this

S. 153A(1A)inserted byNo. 9/2003s. 11(1).

s. 153A

S. 153A(1B)inserted byNo. 9/2003s. 11(1).

S. 153A(1B)(a)amended byNo. 50/2007s. 44.

S. 153A(1C)inserted byNo. 9/2003s. 11(1).

S. 153A(2)(a)amended byNo. 9/2003s. 11(2).

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Act or that a person is in possession of afirearm; and

(b) the authorised officer produces his or heridentification for inspection by the person—

and if—

(c) that offence is or is about to be committed onland administered by the Ministeradministering the Conservation, Forests

and Lands Act 1987 , or on a road adjacentto such lands; or

(d) that authorised officer is acting under his orher duties under the Wildlife Act 1975 or theFisheries Act 1995 —

the authorised officer may demand that the personproduce his or her licence or permit under thisAct.

(3) A person to whom a demand is directed undersubsection (2) must comply with that demand.


(3A) A person must not, without reasonable excuse,hinder or obstruct an authorised officer who isexercising a power under this section.


(4) An authorised officer is exempt from therequirement to hold a licence under this Act when

possessing or carrying a firearm or cartridgeammunition seized under this section.

(5) An authorised officer may institute a prosecutionagainst any person for a breach of this section.

(5A) An authorised officer who institutes a prosecutionreferred to in subsection (5) may appear in theproceeding by any other authorised officer.

s. 153A

S. 153A(2)(d)amended byNo. 22/1998s. 43(Sch.item 14(c)).


S. 153A(4)amended byNo. 22/1998s. 43(Sch.item 14(a)).


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(6) In this section authorised officer means anyperson appointed as an authorised officer undersection 83 of the Conservation, Forests andLands Act 1987 .

153B Duty to make records concerning searches

(1) An authorised officer within the meaning of section 153A who conducts a search under section153A(1) must make a written record of the searchcontaining the prescribed particulars.

(2) The record must be made immediately after thecompletion of the search or, if that is notpracticable, as soon as practicable after thecompletion of the search.

(3) A person subjected to a search under section153A(1) is entitled, on request and withoutcharge, to a copy of the record of the search if therequest is made not later than 1 year after the dateof the search.

(4) A request under subsection (3) is made to theofficer in charge of the place of employment,referred to in section 153A(1A)(a), of theauthorised officer who conducted the search.

153C Annual reports

(1) The Chief Commissioner of Police must provideto the Minister for inclusion in the annual reportof operations under Part 7 of the FinancialManagement Act 1994 a report containing—

(a) the number of searches without warrantunder section 149 conducted during thatfinancial year; and

(b) the number and type of firearms, cartridgeammunition, silencers and prescribed itemsfound during the course of those searches;and


s. 153B


S. 153C(1)(b)amended byNo. 50/2007s. 45.

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(c) any other information requested by theMinister.

(2) The Secretary of the Department of Sustainabilityand Environment must provide to the Minister forinclusion in the annual report of operations underPart 7 of the Financial Management Act 1994 areport containing—

(a) the number of searches undersection 153A(1) conducted during thatfinancial year; and

(b) the number and type of firearms, cartridgeammunition, silencers and prescribed itemsfound during the course of those searches;and

(c) any other information requested by theMinister.

__________________

s. 153C

S. 153C(2)(b)amended byNo. 50/2007s. 45.

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PART 9—FIREARMS APPEALS COMMITTEE

Division 1—Establishment of Committee

154 Establishment of Committee

(1) There is established a committee to be called theFirearms Appeals Committee.

(2) The Committee has the function of reviewingdecisions of the Chief Commissioner in the

circumstances in which a right to review is givento any person by or under this Act.

155 Membership of the Committee

(1) The Committee is to consist of 13 personsappointed by the Governor in Council.

(2) Of the persons appointed to the Committee—

(a) 3 must be Australian lawyers (within themeaning of the Legal Profession Act 2004 )nominated by the Minister from a panel of

persons submitted to the Minister asfollows—

(i) if there are more than 2 professionalassociations (within the meaning of theLegal Profession Act 2004 ), 1 personmay be nominated for the panel by eachprofessional association; or

(ii) if there are only 2 professionalassociations, 3 persons may benominated for the panel by each

professional association; or(iii) if there is only 1 professional

association, 5 persons may benominated for the panel by thatprofessional association; and

s. 154

S. 155(2)(a)substituted byNo. 18/2005s. 18(Sch. 1item 43).

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(b) 5 must be nominated by the Minister; and

(c) 5 must be nominated by the Minister frompanels of persons submitted as follows—

(i) 3 must be appointed from a panel of persons submitted to the Minister, andconstituted by a submission of 4 namesby each of the bodies prescribed for thepurposes of this section, being bodieswhich are, or which represent, shootingorganisations; and

(ii) 1 must be appointed from a panel of 3 persons submitted to the Minister bythe Firearms Traders Association of Victoria; and

(iii) 1 must be appointed from a panel of 3 persons submitted to the Minister bythe Victorian Farmers Federation.

156 Terms of office

(1) A member of the Committee holds office for theterm determined by the Governor in Councilwhich must not be more than 3 years from thedate of his or her appointment.

(2) A member of the Committee is eligible forreappointment.

(3) The Public Administration Act 2004 (other thanPart 3 of that Act) applies to a member in respectof the office of member.

s. 156

S. 156(3)amended byNo. 46/1998s. 7(Sch. 1),substituted byNos 108/2004s. 117(1)(Sch. 3item 78.2),80/2006s. 26(Sch.item 39).

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157 Resignation and removal

(1) A member of the Committee ceases to be amember if he or she is absent, without leave firstbeing granted by the Committee, from3 consecutive meetings of the Committee of which reasonable notice has been given to thatmember, either personally or by post.

(2) A member of the Committee may resign the officeof member by writing signed by the member andaddressed to the Governor in Council.

(3) The Governor in Council may, at any time,remove a member from office.

(4) If a member dies, resigns or is removed fromoffice, the Governor in Council may, inaccordance with this Act, fill the vacant office.

(5) A member appointed under subsection (4) holdsoffice for the rest of the term of appointment of the member whose place he or she fills.

158 Chairperson

(1) The Governor in Council may appoint a memberof the Committee who holds office under section155(2)(a) to be the chairperson of the Committee.

(2) The chairperson holds that office for the termdetermined by the Governor in Council and iseligible for reappointment.

(3) The chairperson may resign that office by writingsigned by him or her and addressed to the

Governor in Council.(4) The Governor in Council may, at any time remove

the chairperson from office.

(5) The chairperson ceases to hold office on ceasingto be a member of the Committee.

s. 157

S. 158(5)amended byNo. 30/1999s. 32(b).

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159 Acting member

(1) If a member of the Committee is unable toperform the duties or functions of his or heroffice, the Governor in Council may appoint aperson qualified to be appointed to that office toact in that office during the period of inability.

(2) The Governor in Council—

(a) subject to this Act, may determine the terms

and conditions of appointment of an actingmember; and

(b) may, at any time, terminate the appointment.

(3) While the appointment of the acting memberremains in force, the acting member has and mayexercise all the powers and perform all the dutiesand functions of the office in which that person isacting.

160 Payment of members

(1) A member, other than a member who is anemployee in the public service within the meaningof the Public Administration Act 2004 , isentitled to receive the fees, if any, that are fixedfrom time to time by the Governor in Council forthe members of the Committee.

(2) A member is entitled to receive the allowancesthat are fixed from time to time by the Governorin Council.

161 Procedure of the Committee

(1) The chairperson must preside at a meeting of theCommittee at which he or she is present.

(2) In the absence of the chairperson, the memberspresent may elect a member to preside at themeeting.

S. 160(1)amended byNos 46/1998s. 7(Sch. 1),108/2004s. 117(1)(Sch. 3item 78.3).

s. 159

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(3) A question arising at a meeting of the Committeeis to be determined by a majority of votes of themembers present at the meeting.

(4) The person presiding at the meeting has adeliberative vote and, if the members are equallydivided in opinion, a second or casting vote.

(5) A quorum of the Committee consists of 7 members.

(6) Except as otherwise provided for in this Act, theCommittee may regulate its own proceedings.

162 Effect of vacancy or defect

An act or decision of the Committee is not invalidonly because—

(a) of a vacancy in its membership; or

(b) of a defect or irregularity in the appointmentof any of its members; or

(c) in the case of an acting member, the occasionfor that member so acting had not arisen orhad ceased.

Division 2—Review of decisions of the Chief Commissioner

163 Power of committee to sit in divisions

(1) For the purposes of reviewing a decision of theChief Commissioner, the Committee may sit indivisions.

(2) A division must consist of 3 members of the

Committee of whom—(a) 1 must be appointed from the persons

appointed to the Committee undersection 155(2)(a); and

(b) 1 must be appointed from the personsappointed to the Committee undersection 155(2)(b); and

s. 162

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(c) 1 must be appointed from the personsappointed to the Committee under section155(2)(c).

(3) The member appointed to a Division undersubsection (2)(a) must preside at a Divisionhearing.

(4) More than one Division of the Committee may sitconcurrently.

164 Decision of a DivisionA question before a Division of the Committeemust be decided according to the opinion of themajority of the members constituting the Division.

165 Change in composition of a Division

(1) If one of the members of the Division (other thanthe presiding member) vacates office or becomesincapable of sitting—

(a) before the Division has completed the

hearing; or(b) before the Division has made a

determination in respect of a hearing—

if the remaining members of the Division agree,the hearing may be continued, or a determinationmade, by those remaining members and, if theyare divided in opinion as to the determination tobe made in respect of the hearing, the opinion of the presiding member prevails.

(2) If the presiding member or more than 1 membervacates office or becomes incapable of sittingbefore the Division has completed the hearing ormade a determination in respect of the hearing, thehearing is terminated and a new hearing may becommenced before another Division of theCommittee.

s. 164

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(3) A person who is applying for a review of adecision of the Chief Commissioner must pay thefee prescribed for applications for review.

_______________

s. 167

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PART 10—INFRINGEMENT NOTICES

168 Power to serve a notice

(1) A member of the police force may serve aninfringement notice under this Part on any personthat he or she has reason to believe has committeda prescribed offence.

(2) An offence referred to in subsection (1) for whichan infringement notice may be served is an

infringement offence within the meaning of theInfringements Act 2006 .

* * * * *

170 Penalties to be paid for offences under infringementnotices

The penalty to be paid in respect of an offence towhich an infringement notice relates is one-tenthof the maximum penalty fixed for that offence bythe Act or any lesser prescribed amount.

* * * * *

* * * * *

_______________

s. 168

S. 168(2)substituted byNo. 32/2006

s. 94(Sch.item 20(2)).

S. 169repealed byNo. 32/2006s. 94(Sch.item 20(3)).

Ss 171–173repealed byNo. 32/2006s. 94(Sch.item 20(3)).

Ss 174, 175amended byNo. 30/1999s. 32(c),repealed byNo. 32/2006s. 94(Sch.item 20(3)).

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PART 11—GENERAL

175 Service of notices

(1) If by or under this Act the Chief Commissionerserves a notice by post, the notice must be servedon the person to be served by sending it by postaddressed to the person at the person's last placeof residence or business known to the Chief Commissioner.

(2) Subject to any evidence to the contrary anddespite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984 , anotice served by post in accordance withsubsection (1) is deemed to be served 21 daysafter the date of the notice.

(3) For the purposes of subsection (2), evidence to thecontrary includes but is not limited to evidencethat the person to be served had notified the Chief Commissioner of any change to his or her place of

residence or business before the date of the notice.176 Power of delegation

The Chief Commissioner may, in writing,delegate to any member of the police force or toany person employed in the office of the Chief Commissioner any of the Chief Commissioner'spowers under this Act except section 153C(1) andthe following—

(a) this power of delegation;

(b) the power of the Chief Commissioner tomake a decision not to issue a generalcategory handgun licence for the reason setout in section 17(c)(ia);

New s. 175inserted byNo. 50/2007s. 46.

S. 176amended byNos 28/2003s. 63, 9/2003s. 13.

s. 175

S. 176(a)inserted byNo. 28/2003

s. 63.

S. 176(b)inserted byNo. 28/2003s. 63.

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(c) the power of the Chief Commissioner tocancel a general category handgun licencefor the reason set out in section 49(1)(fa).

176A Annual Report of Chief Commissioner

The Chief Commissioner must, in each year,within 3 months after the expiry of the timeallowed for approved handgun target shootingclubs to make a report under section 123C, submitto the Minister a report setting out details of theinformation requested by the Minister in relationto those reports.

177 Duplicate licences

If, on receiving an application for a duplicatelicence, permit or authority, the Chief Commissioner is satisfied that the original licence,permit or authority has been lost or destroyed, theChief Commissioner may issue a duplicate of thatlicence, permit or authority to the holder.

178 Application for duplicate licence(1) An application under section 177 must be in the

manner and form approved by the Chief Commissioner.

(2) The applicant must pay the fee prescribed for anapplication in the nature of the application made.

179 Power of Chief Commissioner to make approvals

(1) The Chief Commissioner may approve firearmsshooting ranges, firearms safety courses, paintball

safety courses, firearms safety instructors,organisations of collectors, locations of paintballactivities, events and bodies to whom informationmay be disclosed for the purposes of this Act.

S. 176(c)inserted byNo. 28/2003s. 63.


s. 176A

S. 178(1)amended byNo. 78/2005s. 55.

S. 179(1)amended byNos 26/1997s. 30, 78/2005s. 56.

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(2) A non-prohibited person who has made anapplication to the Chief Commissioner for anapproval under subsection (1) may apply to theCommittee for a review of a decision of the Chief Commissioner not to grant the approval or for areview of a failure of the Chief Commissioner tomake the decision within a reasonable time.



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

179A Approved handgun target shooting matches

(1) For the purposes of this Act, on application by anapproved handgun target shooting club, the Chief Commissioner may approve handgun targetshooting matches to be conducted by the club, if the Chief Commissioner is satisfied that the

matches will be conducted by the approved club atan approved shooting range.

(2) On making an approval under subsection (1), theChief Commissioner must cause the approval tobe published in the Government Gazette.

180 Deceased estates

(1) The executor or administrator of an estate of aperson who has died in possession of a firearmdoes not commit an offence against this Act if theexecutor or administrator, for a period of 6 monthsafter the death of the person, retains possession of the firearm, carries the firearm and for the purposeof disposing of the firearm—

(a) stores the firearm in accordance with Part 6;or

(b) arranges for a licensed firearms dealer tostore the firearm on his or her behalf; or


S. 179(3)inserted byNo. 22/1998

s. 36.


s. 179A


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(f) any body formed between the States andTerritories or between the Commonwealth,the States and the Territories, if thedisclosure of information is approved by theChief Commissioner; or

(g) the Ombudsman or the Ombudsman'sofficers.


(2) Despite subsection (1), in relation to anapplication for membership of an approvedhandgun target shooting club or an approvedfirearms collectors club, the Chief Commissionermay disclose, to a nominated officer of the club,any information as to the following—

(a) the firearms held by the applicant formembership of the club;

(b) any other approved handgun target shooting

club or approved firearms collectors club(as the case requires) of which the applicantis a member;

(ba) any approved handgun target shooting clubor approved firearms collectors club (as thecase requires) of which the applicant hasbeen a member at any time during the12 months immediately before theapplication was made;

(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 hasbeen refused membership in the 5 yearsimmediately preceding the application;

(d) any firearms licence held by the applicantthat has been cancelled in the 5 yearsimmediately preceding the application;

S. 181(2)inserted byNo. 28/2003s. 65.

s. 181

S. 181(2)(ba)inserted byNo. 50/2007s. 48.

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(b) that that person has a licence under this Actor intends to apply for a licence under thisAct or possesses or intends to possess afirearm—

the health professional may so advise the Chief Commissioner, and is not subject to any civil orcriminal liability for doing so, if the advice isgiven in good faith.

(2) If an officer of an approved club or approvedhandgun target shooting club believes—

(a) that a person who is a member of the club isnot a fit and proper person to possess, carryor use a firearm; and

(b) that that person has a licence under this Actor intends to apply for a licence under thisAct or possesses or intends to possess afirearm—

the officer may so advise the Chief

Commissioner, and is not subject to any civil orcriminal liability for doing so, if the advice isgiven in good faith.

(3) A nominated officer of an approved handguntarget shooting club or an approved firearmscollectors club, as the case requires, is not subjectto any civil or criminal liability for giving adviceto the Chief Commissioner, in good faith, undersection 123E or 123K.

(4) In this section health professional means any one

of the following—(a) a registered medical practitioner;

(b) a registered psychologist;

(c) a nurse or midwife;

s. 183

S. 183(2)


S. 183(3)inserted byNo. 28/2003s. 67(3).

S. 183(4)inserted byNo. 28/2003s. 67(3).

S. 183(4)(c)amended byNo. 13/2010s. 51(Sch.item 23.4).

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(d) a prescribed class of social worker;

(e) a prescribed class of professional counsellor.

184 Exemptions for museums

(1) The Governor in Council, on the recommendationof the Minister, may grant an exemption to amuseum from the provisions of Part 2 andDivision 2 of Part 4.

(2) The Chief Commissioner may recommend to theMinister that a museum be granted an exemptionif the Chief Commissioner is satisfied that—

(a) the museum is a body corporate which is notrun for profit and is publicly funded; and

(b) the premises of the museum are open to thepublic; and

(c) the museum is of an educational, historicalor cultural nature.

(3) An exemption is subject to any conditionsspecified in the exemption.

(4) The holder of an exemption must comply with theexemption.


(5) An application for an exemption must beaddressed to the Chief Commissioner and in theform and manner approved by the Chief Commissioner.

(6) A person who applies for an exemption must paythe fee prescribed for exemptions in the nature of the exemption applied for.

s. 184

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(2) A person who—

(a) is the holder of a licence in another State or aTerritory which authorises the possession,carriage or use of a category A or B longarmfor the purposes of hunting; and

(b) ordinarily resides in the other State orTerritory—

is deemed to be the holder of a corresponding

licence under this Act to the extent that the holderis authorised—

(c) to hunt on land where the holder hasobtained the permission of the owner oroccupier of the land to hunt on that land; and

(d) to hunt on Crown land, if such hunting is inaccordance with any Act, regulation or otherinstrument regulating hunting on that land.

(2A) A person who—

(a) is the holder of a licence in another State or aTerritory which authorises the possession,carriage or use of a category A or B longarmfor the purposes of primary production; and


is deemed to be the holder of a correspondinglicence under this Act for the purposes of possessing, carrying or using the firearmspossessed 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 topossess, carry or use the firearm on the land;and

s. 185


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(d) the person is acting in the manner authorisedby the licence and in accordance with anyconditions of the licence.

(2B) A person who—

(a) is the holder of a licence in another State or aTerritory which authorises the possession,carriage or use of a category C longarm forthe purposes of primary production; and


is deemed to be the holder of a correspondinglicence under this Act for the purposes of thesuppression of pest animals on land on whichprimary production is carried out if that activity isconducted in accordance with the regulations.

(3) A person who—

(a) is the holder of a licence in another State or aTerritory which authorises the carrying on of the business of dealing in firearms; and


is deemed to be the holder of a correspondinglicence under this Act for the purpose of takingpart in a display of firearms—

(c) which is conducted by licensed firearmsdealer; and

(d) which is approved by the Chief Commissioner.

(4) A person who—

(a) is the holder of a licence or permit in anotherState or a Territory which authorises thepossession, carriage or use of a paintballmarker for the reason of participating inpaintball gaming activities; and

S. 185(2B)inserted byNo. 22/1998s. 37.

s. 185

S. 185(4)inserted byNo. 50/2007s. 49(2).

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186A Interstate temporary visitor permits

A person who—

(a) ordinarily resides outside Australia; and

(b) holds a permit issued under the law of another State or a Territory of a kindspecified in the regulations—

does not commit an offence against section 6 or 7while acting under and in accordance with thepermit.

187 Interstate licence holders—permanent residents

(1) A person who—

(a) is the holder of a licence in another State or aTerritory which corresponds with acategory A or B longarms licence; and

(b) has notified the Chief Commissioner that heor she intends to permanently reside inVictoria—

is, for a period of 3 months after that notificationis given, deemed to be—

(c) the holder of a category A or B longarmslicence (as the case requires); and

(d) authorised under that licence to possess,carry or use any firearm which that personwas so authorised to possess, carry or useunder the licence issued in the other State orTerritory.

(2) A person who—

(a) is the holder of a licence in another State or aTerritory which corresponds with a categoryC or D longarms licence or a handgunlicence for general category handguns; and


s. 186A

S. 187(2)amended byNo. 22/1998s. 38(b).

S. 187(2)(a)amended byNo. 28/2003s. 68(a).

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is, for a period of 7 days after that notification isgiven—

(c) deemed to be the holder of a category C or Dlongarms licence or a handgun licence forgeneral category handguns (as the caserequires); and

(d) authorised under that licence to possess,carry or use any firearm which that personwas so authorised to possess, carry or useunder the licence issued in the other State orTerritory—

and, in the case of a person who, within the periodof 7 days, applies to the Chief Commissioner for alicence under Part 2 to possess, carry or use anysuch firearm, is authorised to possess any suchfirearm until the outcome of the application isdetermined.

(3) A person who—

(a) is the holder of a licence or permit in anotherState or Territory which corresponds with apaintball marker licence; and


is, for a period of 3 months after that notificationis given, deemed to be—

(c) the holder of a paintball marker licence; and

(d) authorised under that licence to possess,carry or use a paintball marker.

s. 187

S. 187(2)(c)amended byNo. 28/2003s. 68(b).

S. 187(2)(d)amended byNo. 22/1998s. 38(a).

S. 187(3)inserted byNo. 50/2007s. 50.

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188 Power to approve schemes of compensation

(1) The Minister, in consultation with the Treasurer,may approve a scheme of compensation formaking payment to any person who surrenders tothe Chief Commissioner a firearm which he or shelawfully owned immediately before it becameunlawful to own that firearm.

(2) A payment made under a scheme approved by theMinister under subsection (1) must be paid fromthe Consolidated Fund which is hereby to thenecessary extent appropriated accordingly.

189 Application to be deemed not to be a prohibitedperson

(1) A person who is a prohibited person referred to inparagraph (c)(i) of the definition of prohibited

person in section 3(1) may apply to the Court fora declaration that the person—

(a) is deemed not to be a prohibited person by

virtue of being or having been subject to afinal order of a kind referred to in thatsubparagraph; or

(b) is so deemed for limited purposes only.

(1AA) A person who is a prohibited person referred to inparagraph (c)(ib) of the definition of prohibited

person in section 3(1) may apply to the Court fora declaration that the person—

(a) is deemed not to be a prohibited person byvirtue of being or having been subject to anorder of a kind referred to in that paragraph;or


(1A) A person to whom paragraph (d) of the definitionof prohibited person applies may apply to theCourt for a declaration that the person—

s. 188


S. 189(1AA)inserted byNo. 68/2008s. 75(1).


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(a) is deemed not to be a prohibited person; or


(2) The purposes for which the person is deemed notto be a prohibited person must be specified in theorder.

(2A) A person who is making an application under thissection must give 28 days written notice of thatapplication to—

(a) the registrar of the Court; and

(b) the Chief Commissioner; and

(c) in the case of an application under subsection(1) or (1AA), the person protected by thefinal order.

(2B) The—

(a) Chief Commissioner; and

(b) in the case of an application under subsection(1) or (1AA), person protected by the finalorder—

may appear before the Court to be heard on theapplication.

(3) In this section, Court means—

(a) in the case of a person who was made thesubject of an order referred to insubsection (1) or (1AA)—

s. 189


S. 189(2A)(c)amended byNos 22/1998s. 39(2),52/2008s. 248(2),68/2008s. 75(2).

S. 189(2B)inserted by

No. 26/1997s. 32.

S. 189(2B)(b)amended byNos 22/1998s. 39(3),52/2008s. 248(2),68/2008s. 75(3).


S. 189(3)(a)amended byNo. 68/2008s. 75(4).

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

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

(b) in the case of a person to whomsubsection (1A) applies—

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

(ii) if a court in another State or a Territoryfound the person guilty, the SupremeCourt.

(4) In the case of an application under subsection (1),the Court cannot hear the application until anyappeal under the Family Violence Protection Act2008 in relation to the final order has beendetermined.

(5) In the case of an application under subsection(1AA), the Court cannot hear the application untilany appeal under the Personal SafetyIntervention Orders Act 2010 in relation to thefinal order has been determined.

189A Indictable offences

Offences against sections 5(1), (1A) and (2), 6(3),(4), (5) and (6), 6A(1), (2), (3) and (4), 7(1), (2),(3), (4), (5) and (6), 7A(1) and (6), 7B(1) and (2),7C, 36(3), 45(5), 53(1), 59(2), 83, 93(3), 94(3),95(2), (2A), (3) and (4) 96(2), (2A), (3) and (4)99(3), 100(3), 101A(1), 101B(2) and (3), 102(2A),(3) and (3A), 115(1), 116(1), 121(3), 121(3A),122(2), 123(3), 126(3), 127(2A) and (3), 127A(1),129A, 132(2), 134(1), (2) and (3), 134C, 135(3),136, 137, 138, 140A(1), (2) and (3) are indictableoffences.

S. 189(4)inserted byNo. 52/2008s. 248(3).

S. 189(5)inserted byNo. 68/2008s. 75(5) (asamended byNo. 20/2011s. 8),amended byNo. 53/2010s. 221(Sch.item 5.3).

S. 189Ainserted byNo. 26/1997s. 33, amended byNos 28/2003s. 69, 78/2005s. 60, 50/2007s. 51.

s. 189A

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190 Supreme Court—Limitation of jurisdiction

(1) It is the intention of section 183 to alter or varysection 85 of the Constitution Act 1975 .

(2) It is the intention of section 183, as amended bysection 67 of the Firearms (Trafficking andHandgun Control) Act 2003 , to alter or varysection 85 of the Constitution Act 1975 .

191 Regulations

(1) The Governor in Council may make regulationsfor or with respect to any matter or thing requiredor permitted by this Act to be prescribed ornecessary to be prescribed to give effect to thisAct, including but not limited to the followingmatters—

(a) the acquisition and possession of cartridgeammunition or classes of cartridgeammunition, including—

(i) specifying amounts of cartridgeammunition that may be acquired bypersons or classes of persons; and

(ii) specifying amounts of cartridgeammunition that may be possessed bypersons or classes of persons;

(b) any devices which are not to fall within thedefinition of firearms;

(c) classes of firearms that fall within thedefinitions of category D or E longarms;


s. 190

S. 190(2)inserted byNo. 28/2003s. 70.

S. 191(1)(a)amended byNo. 22/1998s. 43(Sch.

item 15).

S. 191(1)(a)(i)amended byNo. 22/1998s. 43(Sch.item 15).

S. 191(1)(a)(ii)amended byNo. 22/1998s. 43(Sch.item 15).

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(ca) classes of firearms that fall within thedefinition of category E handguns;

(d) classes of persons that fall within thedefinition of prohibited person;

(e) reasons for which persons may need licencesto possess, carry or use category B longarmsor handguns;

(f) reasons for which the Chief Commissionermust not issue licences under the Act;

(g) fees for any application or for the issue orrenewal of any licence or permit or thegiving of any approval made under the Act;

(h) fees which may be charged by firearmsdealers when acting as agents;

(i) fees for applications to the Committee toreview decisions of the Chief Commissioner;

(j) forms for the purposes of the Act;(k) particulars to be included in applications,

forms, notices, registers or other documentsunder the Act;

(l) grounds for the cancellation of licencesunder the Act;

(m) particulars which must be kept on thefirearms register or any other document or byany other person or class or persons;

(n) grounds upon which licences, permits orother approvals may be varied;

(o) grounds upon which renewals of licences,permits or other approvals may be refused;

(p) items for which permits to possess, carry oruse are required;

S. 191(1)(ca)inserted byNo. 28/2003s. 71.

s. 191

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(q) grounds for refusing to issue permits;

(qa) the manner in which searches are to beconducted;

(qb) particulars to be included in records of searches;

(r) the procedure of the Committee, whethersitting as a whole or in Divisions;

(s) offences in respect of which infringementnotices may be issued.

(2) Regulations made under this Act—

(a) may be of general or limited application;

(b) may differ according to differences in timeplace or circumstances; and

(c) may confer a discretionary authority or

impose a duty on a specified person or bodyor a specified class of persons or bodies; and

(d) may impose a penalty not exceeding5 penalty units for a contravention of theregulations; and

(e) may make provision for—

(i) a scale of fees according to the natureof the licence, permit or approvalprovided; or

(ii) the reduction, waiver or refund inwhole or in part of the fees.

(3) If, under subsection (2)(e), regulations provide fora reduction, waiver or refund in whole or in partof a fee, the reduction, waiver or refund may beexpressed to apply either generally orspecifically—

S. 191(1)(qa)inserted byNo. 9/2003s. 14.

S. 191(1)(qb)inserted byNo. 9/2003s. 14.

s. 191

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(a) in respect of certain matters or transactionsor classes of matters or transactions;

(b) in respect of certain documents or classes of documents;

(c) when an event happens;

(d) in respect of certain persons or classes of persons; or

(e) in respect of any combination of suchmatters, transactions, documents, events orpersons—

and may be expressed to apply subject to specifiedconditions or in the discretion of any specifiedperson or body.

_______________

s. 191

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PART 12—TRANSITIONAL PROVISIONS

192 Definitions

In this Part—

new Committee means the Firearms AppealsCommittee established under this Act;

old Act means the Firearms Act 1958 as in forceimmediately before the commencement of section 177 of this Act;

old Committee means the Firearms ConsultativeCommittee established under the old Act.

193 Repeal of Firearms Act 1958

The Firearms Act 1958 is repealed .

194 References

In—

(a) an Act; or

(b) a subordinate instrument within the meaningof the Interpretation of Legislation Act1984 ;

(c) any document whatever—

in relation to any period occurring on or after thecommencement of this section and, unlessinconsistent with the context or subject matter, areference to the Firearms Act 1958 must be takento be a reference to the Firearms Act 1996 .

s. 192

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(iii) is not held by the holder of a gundealer's licence within the meaning of the old Act—

is deemed to—

(iv) be a longarms licence for a category Dlongarm and, except as is otherwiseprovided for in this paragraph, theprovisions of this Act applyaccordingly; and

(v) continue in force, unless soonersuspended or cancelled in accordancewith the provisions of this Act, until thedate on which the authority would haveexpired, if the old Act had continued toapply to it;

(c) a shooter's licence within the meaning of theold Act for a firearm which is a category Alongarm for the purposes of this Act andwhich is in force immediately before thecommencement of this Act—

(i) is deemed to be a longarms licence fora category A longarm and, except as isotherwise provided for in thisparagraph, the provisions of this Actapply accordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith the provisions of this Act, until thedate on which the licence would haveexpired, if the old Act had continued toapply to it;

(d) a shooter's licence within the meaning of theold Act for a firearm which is a category Blongarm for the purposes of this Act andwhich is in force immediately before thecommencement of this Act—

s. 195

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(i) is deemed to be a longarms licence fora category B longarm and, except as isotherwise provided for in thisparagraph, the provisions of this Actapply accordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith the provisions of this Act, until thedate on which the licence would have

expired, if the old Act had continued toapply to it;

(e) a pistol licence, within the meaning of theold Act in force immediately before thecommencement of this Act—

(i) is deemed to be a handgun licence andexcept as is otherwise provided for inthis paragraph, the provisions of thisAct apply accordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith a provision of this Act, until thedate on which the licence would haveexpired, if the old Act had continued toapply to it.

(f) a pistol collector's licence, within themeaning of the old Act in force immediatelybefore the commencement of this Act—

(i) is deemed to be a firearms collectorslicence and, except as is otherwiseprovided for in this paragraph, theprovisions of this Act applyaccordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith the provisions of this Act, for aperiod of 2 years;

s. 195

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(g) a gun dealer's licence, within the meaning of the old Act in force immediately before thecommencement of this Act—

(i) is deemed to be a dealers licence withauthority to deal in category A and Blongarms and handguns and, except asis otherwise provided for in thisparagraph, the provisions of this Actapply accordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith the provisions of this Act, until thedate on which the licence would haveexpired, if the old Act had continued toapply to it;

(h) an authority which—

(i) is given by the Registrar undersection 32(1) of the old Act for afirearm which is a category C longarmfor the purposes of this Act; and

(ii) is in force immediately before thecommencement of this Act; and

(iii) is held by the holder of a gun dealer'slicence within the meaning of the oldAct—

is deemed to—

(iv) be a dealers licence with authority todeal in category C longarms and,except as is otherwise provided for inthis paragraph, the provisions of thisAct apply accordingly; and

s. 195

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(i) an authority which—

(i) is given by the Registrar undersection 32(1) of the old Act for afirearm which is a category D longarmfor the purposes of this Act; and

(ii) is in force immediately before thecommencement of this Act; and

(iii) is held by the holder of a gun dealer'slicence within the meaning of the oldAct—

is deemed to—

(iv) be a dealers licence with authority todeal in category D longarms and,except as is otherwise provided for inthis paragraph, the provisions of thisAct apply accordingly; and


(j) a display licence, within the meaning of theold Act in force immediately before thecommencement of this Act—

(i) is deemed to be a firearms collectorslicence and, except as is otherwiseprovided for in this paragraph, the

s. 195

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provisions of this Act applyaccordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith a provision of this Act, until thedate on which the licence would haveexpired, if the old Act had continued toapply to it;

(k) a junior permit, within the meaning of theold Act in force immediately before thecommencement of this Act—

(i) is deemed to be a junior licence exceptas is otherwise provided for in thisparagraph, the provisions of this Actapply accordingly; and

(ii) continues in force, unless soonersuspended or cancelled in accordancewith a provision of this Act, until thedate on which the licence would haveexpired, if the old Act had continued toapply to it.

(2) In the case of an authority, licence or permitissued under the old Act, which is deemed bysubsection (1) to be a licence issued under Part 2of this Act, the Chief Commissioner may refuse torenew the licence if the holder of the licencecannot demonstrate a reason for which that licenceis required as set out in Part 2.

(3) Despite the coming into operation of section 193an authority issued by the Governor in Councilunder section 32(6) of the old Act and in forceimmediately before the commencement of thisAct continues in force as if that Act had not beenrepealed, for a period of 12 months after thecoming into operation of section 193.

s. 195

S. 195(3)amended byNo. 26/1997s. 34.

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(4) A person who is, under subsection (1), deemed tobe the holder of a longarms licence for category Aor B longarms or a handgun licence and who is,upon the expiration of that licence under thissection, applying for the renewal of the licenceunder this Act, the Chief Commissioner mayimpose a condition on the renewed licence as tothe number of firearms that may be possessedunder that licence if the person cannotdemonstrate a need to possess some of thefirearms possessed under the licence.

196 Right to apply to court under section 189 beforecommencement of part of Act

A person may apply to the Court (within themeaning of section 189) for a declaration underthat section at any time after the commencementof that section, despite the fact that any other partof this Act has not commenced.

197 Appeals and rights to appeal

If—

(a) an appeal before the old Committee undersection 43 of the old Act has not beencompleted before the commencement of thisAct the new Committee may proceed todetermine the appeal as if it were anapplication for a review of a decision of theChief Commissioner under this Act; or

(b) a person, immediately before thecommencement of this Act, had a right toappeal to the old Committee in respect of adecision of the Registrar under the old Act,this Act applies to that right as if it were aright to apply for review of a decision of theChief Commissioner under this Act.

s. 196

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198 Sunset on licences and permits issued underrepealed provisions

(1) A farm permit issued and in force undersection 22AB of the old Act as in forceimmediately before the commencement of section12 of the Firearms (Amendment) Act 1983 continues in force for a period of 12 months afterthe coming into operation of section 193.

(2) A gun collectors licence issued and in force undersection 4B of the old Act, as inserted by section 4of the Firearms (Amendment) Act 1966 ,immediately before the repeal of that sectioncontinues in force for a period of 12 months afterthe coming into operation of section 193.

199 Declarations

(1) Any right existing under a declaration made undersection 4(1)(f) of the old Act and in forceimmediately before the coming into operation of section 193, continues to exist as if that Act hadnot been repealed for a period of 12 months afterthe coming into operation of section 193.

(2) Any right existing under a declaration made undersection 4(2) of the old Act and in forceimmediately before the coming into operation of section 193, continues to exist as if that Act hadnot been repealed for a period of 12 months afterthe coming into operation of section 193.

(3) Any right existing under a declaration made undersection 3(1A) of the old Act and in forceimmediately before the coming into operation of section 193, continues to exist as if that Act hadnot been repealed for a period of 12 months afterthe coming into operation of section 193.

s. 198

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200 Prison officers

Any person who is a prison officer within themeaning of the Corrections Act 1986 and who,within a period of 12 months after the coming intooperation of section 193, has in his possession orcarries or uses a firearm issued to him for theperformance of a detailed duty and during theperformance of the duty does not commit anoffence against section 6 or 7 for so doing and is

not required to hold a licence under this Part.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 personwho was, immediately before that commencementthe holder of a dealers licence, until that person isrequired under this Act to renew that licence.

200B Transitional provision—Firearms (Trafficking andHandgun Control) Act 2003—handgun licences

On and from the commencement of section 9 of the Firearms (Trafficking and HandgunControl) Act 2003 , a licence issued undersection 15, as in force before the commencementof section 9 of that Act, is deemed to be a licenceissued under section 15, as in force on and fromthe commencement of section 9 of that Act.

200C Transitional provision—Firearms (Trafficking andHandgun Control) Act 2003—applications forhandgun licences

In the case of an application for a handgun licencein force immediately before the commencement of section 9 of the Firearms (Trafficking andHandgun Control) Act 2003 —

s. 200


S. 200B

inserted byNo. 28/2003s. 72.


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(a) subject to paragraph (b), section 15, as inforce on and from that commencement, isdeemed to apply to that application;

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

200D Transitional provision—Firearms (Trafficking andHandgun Control) Act 2003—firearms collectorslicences

On and from the commencement of section 16 of the Firearms (Trafficking and HandgunControl) Act 2003 , a licence, in forceimmediately before the commencement of thatsection, issued under section 21, as in force beforethe commencement of section 16 of that Act, isdeemed to be a licence issued under section 21, asin force on and from the commencement of section 16 of that Act.

* * * * *

* * * * *

S. 200Dinserted byNo. 28/2003s. 72.

s. 200D

S. 201

amended byNo. 26/1997s. 35(1),repealed byNo. 29/2011s. 3(Sch. 1item 38.4).

S. 202amended byNos 26/1997s. 35(2),48/1997s. 60(2) (asamended byNo. 74/2000s. 3(Sch. 1item 114)),repealed byNo. 29/2011s. 3(Sch. 1item 38.4).

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* * * * *

209 Transitional provisions—Control of Weapons andFirearms Acts (Search Powers) Act 2003

(1) Section 149 as in force immediately before thecommencement of section 9 of the Control of Weapons and Firearms Acts (Search Powers)Act 2003 continues to apply to searchesconducted before that commencement.

(2) Section 150 as in force immediately before thecommencement of section 10 of the Control of Weapons and Firearms Acts (Search Powers)Act 2003 continues to apply to demands madeunder section 150(1) before that commencement.

(3) Section 153A(1) as in force immediately beforethe commencement of section 11(1) of the Control of Weapons and Firearms Acts(Search Powers) Act 2003 continues to apply tosearches conducted before that commencement.

(4) Section 153A(2) as in force immediately beforethe commencement of section 11(2) of the Control of Weapons and Firearms Acts(Search Powers) Act 2003 continues to apply todemands made under section 153A(2) before thatcommencement.

210 Transitional provision—handgun security guardlicence

(1) A handgun security guard licence in forceimmediately before the commencement of thissection, is to be taken (on and from thatcommencement) not to authorise the possession,carriage or use of—

(a) a semi-automatic handgun with a calibre of more than ·40 inch; or

Ss 203–208repealed byNo. 29/2011s. 3(Sch. 1item 38.4).

S. 209inserted byNo. 9/2003s. 15.


s. 209

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(b) a revolver or single shot handgun with acalibre of more than ·38 inch; or

(c) restricted ammunition for any handgunpossessed, carried or used under the licencethat is not restricted ammunition to whichparagraph (a) of the definition of restricted

ammunition applies, which is possessed,carried or used in the course of training as asecurity guard—

unless the holder of the licence has obtained anauthority under this section.

(2) A handgun security guard licence issued on orafter the commencement of this section and before1 July 2008 does not authorise the possession,carriage or use of—


(b) a revolver or single shot handgun with a

calibre of more than ·38 inch; or(c) restricted ammunition for any handgun

possessed, carried or used under the licencethat is not restricted ammunition to whichparagraph (a) of the definition of restricted

ammunition applies, which is possessed,carried or used in the course of training as asecurity guard—

unless the holder of the licence has obtained anauthority under this section.

(3) The holder of a handgun security guard licenceissued before 1 July 2008, may apply to the Chief Commissioner for an authority to possess, carry oruse—


S. 210(1)(c)amended byNo. 50/2007s. 52(1).

s. 210

S. 210(2)(c)amended byNo. 50/2007s. 52(1).

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(c) restricted ammunition for any handgunpossessed, carried or used under the licencein the circumstances in which authority isrequired under subsection (1) or (2).

(4) On application by a person under subsection (3),the Chief Commissioner may authorise the personto possess, carry or use—



(c) restricted ammunition for any handgunpossessed, carried or used under the licence.

(5) In granting an authorisation under this section, theChief Commissioner may have regard to anymatter the Commissioner considers relevant.

(6) An authorisation under this section remains inforce until 1 July 2008 or any earlier datespecified by the Chief Commissioner in theauthorisation and may not be renewed.

(7) An application for an authorisation under thissection must be in the form approved by the Chief Commissioner.

(8) The Chief Commissioner may impose anyconditions on an authorisation under this section

that the Chief Commissioner thinks fit.211 Transitional provisions—Firearms Amendment

Act 2007

(1) The amendment made to this Act by section 7 of the Firearms Amendment Act 2007 applies toany handgun licence that was in force

S. 210(3)(c)amended byNo. 50/2007s. 52(2).


s. 211

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immediately before the commencement of thatsection.

(2) The amendments made to this Act bysections 5(b), 6(2)(b) and (c), 12 and 13 of theFirearms Amendment Act 2007 apply to anyapplication for a licence under Part 2 that wasmade, but not finally decided, before thecommencement of that section.

(3) The amendments made to this Act by section 14of the Firearms Amendment Act 2007 apply to alicence under Part 2 that was in force immediatelybefore the commencement of that section.

(4) The amendment made to this Act by section 28 of the Firearms Amendment Act 2007 does notapply to applications made before thecommencement of that section.

(5) Subject to subsection (6), the amendments madeto this Act by section 9, 10 or 11(1) of theFirearms Amendment Act 2007 are not to betaken to affect a licence issued under section 21,21A or 21B and in force immediately before thecommencement of section 9, 10 or 11(1) of theFirearms Amendment Act 2007 (as the caserequires).

(6) A licence issued under section 21B that authorisesthe possession or carriage of firearms that—

(a) were manufactured before 1 January 1900;and

(b) that use percussion as a means of ignition;and

(c) that take cartridge ammunition that iscommercially available—

and in force immediately before thecommencement of section 3(1)(b) of theFirearms Amendment Act 2007 , is to be taken to

s. 211

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continue in force as if section 3(1)(b) had not beenenacted, unless the licence sooner expires or issooner cancelled or surrendered.

(7) The amendments made—

(a) to this Act by sections 51(a) and 51(b) of theFirearms Amendment Act 2007 ; and

(b) to Schedule 4 of the Magistrates' Court Act1989 by sections 59(1) and 59(2) of the

Firearms Amendment Act 2007 —apply only to offences alleged to have beencommitted on or after the commencement of thosesections.

(8) For the purposes of subsection (7), if an offence isalleged to have been committed between twodates, one before and one after thecommencement of sections 51(a), 51(b), 59(1)and 59(2) of the Firearms Amendment Act2007 , the offence is alleged to have been

committed before the commencement of thosesections.

212 Transitional provision—Justice LegislationAmendment Act 2008

A licence issued under section 9(3) for a person topossess, carry or use a registered category Clongarm, being a tranquilliser gun, that was inforce immediately before the commencement of section 10 of the Justice LegislationAmendment Act 2008 continues to be in force on

and after that commencement in accordance withits terms.

213 Transitional provisions—Family ViolenceProtection Act 2008


the 2008 Act means the Family ViolenceProtection Act 2008 .


s. 212


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(2) Despite the commencement of Part 16 of the 2008Act, section 47A continues to apply in respect of asuspension under that section in forceimmediately before the commencement of thatPart.

(3) If, before the commencement of section 247 of the2008 Act, firearms or cartridge ammunition weresurrendered or seized under section 53 as aconsequence of the making of an intervention

order under the Crimes (Family Violence) Act1987 (as in force before that commencement), theperson must dispose of the firearm or ammunitionin accordance with section 53(4) within 3 monthsof the making of the order, as if the surrender orseizure had happened after the commencement of section 247.

(4) If, before the commencement of Part 16 of the2008 Act—

(a) a person had applied for a declaration under

section 189(1); and(b) that application had not been determined—

section 189 as in force immediately before thecommencement of Part 16 of the 2008 Actcontinues to apply to the determination of theapplication.

(5) The amendments made to this Act by the 2008Act do not affect any declaration made undersection 189(1) before the commencement of Part 16 of the 2008 Act.

214 Transitional Provisions—Stalking OrdersIntervention Act 2008


intervention order means an intervention order of a kind referred to in section 21A(5) of theCrimes Act 1958 ;


s. 214

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the 2008 Act means the Stalking InterventionOrders Act 2008 .

(2) Despite the commencement of Part 8 of the 2008Act, section 47A continues to apply in respect of asuspension under that section in forceimmediately before the commencement of thatPart.

(3) If, before the commencement of section 74 of the2008 Act, firearms or cartridge ammunition weresurrendered or seized under section 53 as aconsequence of the making of an interventionorder under the Crimes (Family Violence) Act1987 , the person must dispose of the firearm orammunition in accordance with section 53(4)within 3 months of the making of the order, as if the surrender or seizure had happened after thecommencement of section 74.

(4) If, before the commencement of Part 8 of the 2008Act—

(a) a person had applied for a declaration undersection 189(1); and

(b) that application had not been determined—

section 189 as in force immediately before thecommencement of Part 8 of the 2008 Actcontinues to apply to the determination of theapplication.

(5) The amendments made to this Act by the 2008Act do not affect any declaration made under

section 189(1) before the commencement of Part 8of the 2008 Act.

215 Transitional provision—Firearms and Other ActsAmendment Act 2010—interstate licence holders

(1) This section applies if, immediately before thecommencement of section 15 of the Firearmsand Other Acts Amendment Act 2010 , a person


s. 215

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holds a licence under Part 2 and the person'sordinary place of residence is not in Victoria.

(2) Despite section 46A, until the expiry of thelicence, the person is not disqualified fromholding the licence merely because the person'sordinary place of residence is not Victoria.

216 Transitional provision—Firearms and Other ActsAmendment Act 2010—imitation firearms

(1) If, before the commencement of section (3)(1)(c)of the Firearms and Other Acts AmendmentAct 2010 , a licence was issued under Part 2 inrespect of an imitation firearm and that licence isin force immediately before thatcommencement—

(a) the licence remains in force after thecommencement until the date the licencewould otherwise have expired; and

(b) while the licence remains in force and when

acting in accordance with the licence, theholder of the licence is not liable for anoffence under section 5 of the Control of Weapons Act 1990 in respect of theweapon.

(2) In this section, imitation firearm has the samemeaning as in section 3(1) of the Control of Weapons Act 1990 .

__________________


s. 216

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SCHEDULES

SCHEDULE 1

GENERAL CONDITIONS FOR LICENCES UNDER PART 2

1 The holder of the licence must permit a member of thepolice force to inspect the holder's storage arrangements atany reasonable time.

2 The holder of the licence must not transfer, lend or givethe licence to another person.

3 Any firearms held under the licence must not be used forany reason other than the reasons authorised by thelicence.

4 The holder of the licence must notify the Chief Commissioner of any change to the reason for which theholder's licence was issued within 7 days of becomingaware of the change.

_______________

Sch. 1

Sch. 1amended byNo. 50/2007s. 54.

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SCHEDULE 2

SPECIAL CONDITIONS FOR LICENCES UNDER PART 2

1 Longarm licences for category A or B longarms

(1) If the holder of a licence is authorised to huntunder the licence, the licence is subject to thecondition that, before the holder enters anyprivately owned land for the purpose of hunting,the holder must obtain the permission of theowner or occupier of that land to hunt on the land.

(2) If the holder of the licence has obtained thelicence for the reason of hunting, sport or targetshooting or primary production, the holder is alsoauthorised to hunt pest animals on Crown land, if such hunting is in accordance with any Act,regulations or other instrument regulating huntingon that land.

This authorisation does not apply to the holder of

a licence who has obtained that licence for thepurposes of sport or target shooting if that personis using a black powder ball firing cannon.

(3) The holder is authorised to carry or use a longarm,the carriage or use of which is authorised by thelicence, on an approved shooting range.

(4) If one of the reasons for the licence is sport ortarget shooting, the holder is authorised to hunt onprivately owned land if, before entering that landfor the purposes of hunting, the holder has

obtained the permission of the owner or occupierof that land to hunt on the land.

This authorisation does not apply to the holder of a licence who has obtained that licence for thepurposes of sport or target shooting if that personis using a black powder ball firing cannon.

Sch. 2

Sch. 2item 1(2)amended byNo. 22/1998s. 40(a).

Sch. 2item 1(4)amended byNo. 22/1998s. 40(b).

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(5) If one of the reasons for the licence is sport ortarget shooting, the holder must be a member of an approved club.

(5A) If one of the reasons for the licence is sport ortarget shooting, the holder must not engage insport or target shooting except—

(a) at an approved shooting range; or

(b) on land owned by the holder, where theactivity is being carried out in accordancewith the regulations; or

(c) on land not owned by the holder, where theowner of the land has given permission forthe carrying out of the activity and where theactivity is being conducted in accordance

with the regulations.(6) If the licence is a longarm licence for category B

longarms, the holder is authorised to usecategory A longarms for the reason for which thelicence is issued.

(7) If the holder of the licence has obtained thelicence for the reason of primary production, theholder is authorised to carry or use a longarm, thecarriage or use of which is authorised by thelicence, on the land of another primary producer,

with the permission of the owner of the land.(8) If the holder of the licence has obtained the

licence for the reason of hunting or sport or targetshooting, the licence is subject to the conditionthat the holder must not—

Sch. 2item 1(5A)inserted byNo. 22/1998s. 40(c).

Sch. 2item 1(5A)(a)


Sch. 2

Sch. 2item 1(7)inserted byNo. 22/1998s. 40(d).

Sch. 2item 1(8)inserted byNo. 78/2005s. 61(1).

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(a) possess, carry or use a detachable magazinewith a capacity greater than 10 shots incombination with a pump or lever actioncentre fire rifle; or

(b) possess, carry or use a detachable magazinewith a capacity greater than 15 shots incombination with a bolt action centre firerifle; or

(c) possess, carry or use a detachable magazinewith a capacity greater than 15 shots incombination with a pump, lever or boltaction rimfire rifle—

unless the Chief Commissioner is satisfied that theholder should be able to possess, carry or use sucha magazine in combination with such a firearm forthe purposes of participating in an event approvedby the Chief Commissioner.

2 Longarm licences for category C longarms

(1) If the holder of the licence is authorised topossess, carry or use firearms held under thelicence for the purposes of primary production,the holder of the licence must not carry or use anyfirearm held under the licence except—

(a) on the property on which the business of primary production is carried out and for thepurposes of the genuine need for which thelicence was required; or

(b) for the purposes of the suppression of pest

animals—(i) on another property on which primary

production is carried out, if the activityis conducted in accordance with theregulations; or

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(ii) on Crown land, if such hunting is inaccordance with any Act, regulation orother instrument regulating hunting onthat land.

(2) If the holder of the licence is authorised topossess, carry or use a firearm for the purposes of clay target shooting—

(a) the holder of the licence must remain amember of a clay target shooting club ororganisation approved by the Chief Commissioner for the period of the licence;and

(b) in each calendar year, the holder must takepart in at least 4 clay target shootingcompetitions conducted by clay targetshooting clubs or organisations; and

(c) the holder must not use a firearm held underthe licence for the purpose of engaging inclay target shooting except—

(i) at an approved shooting range; or

(ii) on land owned by the holder, where theactivity is being carried out inaccordance with the regulations; or

(iii) on land not owned by the holder, wherethe owner of the land has givenpermission for the carrying out of theactivity and where the activity is beingconducted in accordance with the

regulations.(3) If the holder of the licence is authorised to possess

a firearm for carriage and use by the holder of a junior licence for the purpose of clay targetshooting—

Sch. 2item 2(2)(c)substituted byNo. 22/1998

s. 40(e).

Sch. 2


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(a) the holder of the licence must remain amember of a clay target shooting club ororganisation approved by the Chief Commissioner for the period of the licence;and

(b) the person who carries and uses the firearmmust remain the holder of a junior licenceand a member of a clay target shooting clubfor the period of the licence.

3 Handgun licences for general category handguns

(1) If the holder of a licence is authorised to carry oruse the firearm for the purposes of the occupationof security guard or prison guard, the holder isalso authorised to carry or use a general categoryhandgun, the carriage or use of which isauthorised under the licence to practise at an

approved shooting range.(2) If the holder is an approved club, the firearms held

under the licence—

(a) must not be carried by any person other thanthe nominated person or an officer of theclub who is the holder of a handgun licencefor general category handguns; and

(b) must not be used by any person other than a

member of an approved club and at anapproved shooting range.

(3) Item 3(2)(b) does not apply to a person to whomitem 4 or 5A of Schedule 3 applies, if the personis carrying or using a general category handgunowned by an approved handgun target shootingclub that is located at the approved shooting rangeat which the instruction is taking place.

Sch. 2 item 3(Heading)inserted byNo. 28/2003s. 73(1)(a).

Sch. 2item 3(1)amended byNo. 28/2003s. 73(1)(b).

Sch. 2

Sch. 2item 3(2)(a)amended byNos 22/1998s. 40(f) ,28/2003s. 73(1)(c).


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3A Handgun licences for general category handguns—operators of private security businesses

If the holder of a licence is authorised to carry oruse one or more firearms for the purposes of operating a private security business, that holdermust ensure that each firearm is registered to theholder's name.

4 Junior licences

(1) If the holder of the licence—(a) is authorised to carry or use a category A

or B longarm, the holder must not carry oruse such a longarm except under theimmediate supervision of a person who is theholder of a longarm licence for category Aor B longarms;

(b) is authorised to carry or use a category Clongarm, the holder must not carry or usesuch a longarm except under the immediate

supervision of a person who is the holder of a longarm licence for category C longarmswhich authorises the possession, carriage anduse of category C longarms for the purposesof clay target shooting;

(c) is authorised to carry or use a generalcategory handgun, the holder must not carryor use such a handgun except under theimmediate supervision of a person who is theholder of a handgun licence.

(2) The holder is authorised to carry or use a generalcategory handgun, the carriage or use of which isauthorised by the licence, on an approvedshooting range.

Sch. 2 item 3Ainserted byNo. 50/2007s. 55(2).

Sch. 2item 4(1)substituted byNo. 26/1997s. 36(2).

Sch. 2

Sch. 2item 4(1)(c)amended byNo. 28/2003s. 73(2)(a).


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(2A) If the holder of the licence is authorised to carryor use a longarm under the licence, the holdermust not carry or use the longarm for the purposeof receiving instruction in the use of the longarmfor sport or target shooting except—

(a) at an approved shooting range; or

(b) on land owned by the holder where theactivity is being carried out in accordancewith the regulations; or

(c) on land not owned by the holder, where theowner of the land has given permission forthe carrying out of the activity and where theactivity is being conducted in accordancewith the regulations.

(2B) If the holder of the licence is authorised to carryor use a longarm under the licence, the holdermust not carry or use the longarm for the purposeof engaging in sport or target shootingcompetitions except at an approved shootingrange.

(3) The holder is not authorised to purchase cartridgeammunition.

5 Firearms collectors licences

(1) The holder of the licence must not possess orcarry any types of firearms under the licence

which are not consistent with the theme of thelicence.

(2) The firearms kept under the licence must be keptat the premises specified in the licence.

(3) The firearms kept under the licence may becarried only for the purposes of acquisition,disposal or repair.

Sch. 2item 4(2A)inserted byNo. 22/1998s. 40(g).

Sch. 2item 4(2B)inserted byNo. 22/1998s. 40(g).

Sch. 2item 4(3)amended byNo. 22/1998s. 43(Sch.item 16(a)).

Sch. 2

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(4) The holder of the licence must remain a memberof an organisation of firearms collectors approvedby the Chief Commissioner for the period of thelicence.

(5) Any category E firearms in the collection must berendered permanently inoperable.

(6) Any category D firearms kept in the collectionmust be rendered permanently inoperable asfollows—

(a) in the case of firearms with fixed firing pins,the pin must be ground flush with the face of the bolt, in any other case, the pin must beremoved completely; and

(b) in the case of firearms with a firing pin hole,the hole must be filled from the front endwith weld; and

(c) the barrel must be rendered inoperative by—

(i) welding a steel insert into the chamberend to prevent chambering a round; or

(ii) drilling a hole vertically through thechamber and welding a substantial pinin place to prevent chambering a round;and

(d) immobilising the firing mechanism bywelding the trigger and internal components.

(7) Any firearms kept in the collection which are notcategory D firearms must be immediately

rendered incapable of use by—(a) the removal of the bolt or firing pin; or

(b) if that is not possible, by the application of an appropriate trigger lock or barrel lock.

(8) Any bolt or firing pin that is removed must bestored in a separate locked container from that inwhich the firearm is stored.

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(9) Any handgun or category C, D or E longarm forthe collection must not be acquired except from—

(a) a licensed firearms dealer; or

(b) the holder of a firearms collectors licenceand through the agency of a licensedfirearms dealer.

(10) Any handgun or category C, D or E longarm inthe collection must not be disposed of except to—

(a) the holder of a collector's licence, throughthe agency of a licensed firearms dealer; or

(b) to a member of the police force for disposal;or

(c) to a museum to which an exemption hasbeen granted under Part 11.

(11) The holder of the licence or any person at thepremises specified in the licence must produceand allow inspection of the register kept under

section 24 when so requested by any member of the police force.

(12) Items 5(7) and (8) do not apply to an antiquehandgun collectors licence.

(13) The holder of an antique handgun collectorslicence must take all reasonable measures toensure the secure storage of the firearms while incarriage for the purposes of display or on display.

6 Firearms heirlooms licences

(1) The licence applies only to the firearm or firearmsspecified in the licence.

Sch. 2item 5(9)amended byNo. 28/2003s. 73(3)(a).

Sch. 2


Sch. 2item 5(12)inserted byNo. 78/2005s. 61(3),amended byNo. 50/2007s. 55(3).

Sch. 2item 5(13)inserted by

No. 78/2005s. 61(3).

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(2) The firearms kept under the licence must be keptat the premises specified in the licence.

(3) Any of the firearms kept under the licence may becarried only for the purposes of acquisition,disposal or repair.

(4) The firearms kept under the licence must not beused.

(5) The firearms kept under the licence must be

rendered permanently inoperable as follows—(a) in the case of firearms with fixed firing pins,

the pin must be ground flush with the face of the bolt, in any other case, the pin must beremoved completely; and

(b) in the case of firearms with a firing pin hole,the hole must be filled from the front endwith weld; and

(c) the barrel must be rendered inoperative by—

(i) welding a steel insert into the chamberend to prevent chambering a round; or

(ii) drilling a hole vertically through thechamber and welding a substantial pinin place to prevent chambering a round;and

(d) immobilising the firing mechanism bywelding the trigger and internal components;and

(6) The firearms kept under the licence must not beacquired or disposed of except—

(a) through inheritance; or

(b) to the holder of a firearms collectors licence,through the agency of a licensed firearmsdealer; or

(c) a member of the police force for disposal; or

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(d) to a museum to which an exemption hasbeen granted under Part 11.

(7) The holder of the licence must not keep anycartridge ammunition for the firearms kept underthe licence.

7 Firearms ammunition collectors licences

(1) The ammunition must be kept at the premisesspecified in the licence.

(2) The holder of the licence must remain a memberof the organisation of collectors approved by theChief Commissioner for the period of the licence.

(3) All ammunition in the collection must—

(a) be rendered inert except for all sportingammunition and military ammunition of UNhazard classification code 1.4s up to 20mmcalibre; and

(b) must not contain high explosive smoke orchemical or lachrymatory agents.

(4) Any ammunition kept in the collection must notbe disposed of except—

(a) to another person who is the holder of afirearms ammunition collectors licence; or

(b) to a licensed firearms dealer; or

(c) through the agency of a licensed firearmsdealer.

_______________

Sch. 2item 6(7)amended byNo. 22/1998s. 43(Sch.item 16(b)).

Sch. 2

Sch. 2item 7(4)(a)amended byNo. 22/1998s. 40(h)(i).

Sch. 2item 7(4)(b)amended by

No. 22/1998s. 40(h)(ii).

Sch. 2item 7(4)(c)inserted byNo. 22/1998s. 40(h)(ii).

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SCHEDULE 3

NON-PROHIBITED PERSONS WHO ARE EXEMPT FROMREQUIREMENT TO HOLD A LICENCE UNDER PART 2

ItemNo.

Column 1Persons

Column 2Circumstances

1 A person serving as amember of the naval,military or air forces of theCommonwealth of Australia.

When possessing, carrying orusing a firearm while on duty orwhen carrying a firearm whilegoing to or from duty.

2 Any member of the policeforce, recruit, officer oremployee in the office of the Chief Commissioner of Police or protectiveservices officer.

When possessing, carrying orusing a firearm for their officialduties when authorised to do so bythe Chief Commissioner.

3 Any member of the policeforce of the Commonwealthor any other State or aTerritory of theCommonwealth.

When possessing, carrying orusing a firearm issued to him orher for the performance of adetailed duty.

3A Any person acting under acontract with the Chief Commissioner.

When possessing or carrying afirearm for his or her officialduties when so authorised by theChief Commissioner.

3B Any holder of a generalcategory handgun licence.

When carrying a general categoryhandgun for the purposes of conducting a firearms safetytraining course.

4 A person who is of or overthe age of 18 years, andwho is receiving instructionin the use of a generalcategory handgun—

When carrying or using a generalcategory handgun at an approvedshooting range.

Sch. 3amended byNos 84/1997s. 47, 22/1998s. 41 , 28/2003s. 74, 78/2005s. 62, 34/2008s. 143(Sch. 2item 7.2),55/2009 s. 21,12/2012 s. 12.

Sch. 3

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ItemNo.

Column 1Persons


(a) by or under theimmediate supervisionof the holder of ageneral categoryhandgun licence; and

(b) for the purposes of obtaining a generalcategory handgun

licence for a reason setout in section 15(1)—

and who has not receivedany such instruction onmore than nine previousoccasions.

5 Any person who is of orover the age of 18 yearswho is receiving instructionin the use of a category Aor category B firearm by orunder the immediate

supervision of the holder of a category A or category Blongarm licence.

When carrying or using a longarmof the category specified in thesupervisor's licence for thepurposes of receiving theinstruction at an approved shootingrange.

5A A person who is of or overthe age of 12 years andunder the age of 18 years—(a) who is receiving

instruction in the use of a general categoryhandgun by or underthe immediatesupervision of a

person—(i) who is the holder of

a general categoryhandgun licence;and

When carrying or using a generalcategory handgun at an approvedshooting range.

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ItemNo.

Column 1Persons


(ii) who has writtenconsent to give theinstruction from aparent or guardianof the person who isreceiving theinstruction; and

(b) who has not received

any such instruction onmore than two previousoccasions; and

(c) who has the writtenconsent of his or herparent or guardian toreceive the instruction.

5B Any person who is of orover the age of 12 yearsand under the age of 18years, who is receivinginstruction in the use of acategory A or category Blongarm by or under theimmediate supervision of the holder of a category Aor category B longarmlicence and who has thewritten consent of theirparent or guardian to do so.

When carrying or using a longarmat an approved shooting range.

5C Any person. When possessing or carrying afirearm in the course of his or herduties as a supervisor, competition

judge or range officer at anapproved shooting range.

6 Any person. When using an airgun which is nota paintball gun and which issecurely attached to the bench forthe purpose of shooting at a targetat a shooting gallery or other placeof amusement.

Sch. 3

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ItemNo.

Column 1Persons


12 Any person who is theholder of an inter-Statepermit to acquire a categoryA, B or C longarm or ageneral category handgun,who has acquired a firearmin accordance with this Actand who is the holder of alicence issued in the Stateor Territory in which thepermit was issued whichauthorises the possessionand carriage of the firearm.

When possessing or carrying thefirearm for the purposes of returning to the State or Territoryin which the permit was issued,when carrying the licence andwhen acting in accordance with thelicence.

13 Any person who is theholder of an inter-Statelicence to possess, carry oruse a firearm, and who isthe holder of an inter-Statepermit to acquire a firearmof the category thepossession, carriage or use

of which is authorised bythe licence, being a permitin respect of which notmore than 28 days haveexpired since its issue.

When possessing or carrying afirearm the possession or carriageof which is authorised by thelicence for the purposes of disposing of the firearm.

14 A member of staff of theOffice of Police Integrity.

When possessing, carrying orusing a firearm in the course of hisor her official duties whenauthorised to do so by the Director,Police Integrity under Division 9of Part 4 of the Police IntegrityAct 2008 .

15 Director, Police Integrity. When possessing or carryingfirearms in the course of his or herofficial duties under Division 9 of Part 4 of the Police IntegrityAct 2008 .

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ItemNo.

Column 1Persons


16 Operational staff of theMetropolitan Fire andEmergency Services Board,officers or members of theCountry Fire Authority andpersons to whom section30A(1) of the CountryFire Authority Act 1958applies.

When using a device that has beendesigned solely for the purpose of igniting fires by the propulsion of incendiary pods in authorisedback-burning or planned burningoperations and while acting in thecourse of his or her duties.

_______________

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premises belonging to, or occupied by, theemployer.

2 Longarm licences for category C or category Dlongarms and handgun licences for general categoryhandguns

(1) The firearm must be stored in a steel safe—

(a) which is of a thickness that is not easilypenetrable; and

(b) which, if it weighs less than 150 kilogramswhen it is empty, must be bolted to thestructure of the premises where the firearm isauthorised to be kept; and

(c) which, when any firearm is stored in it, islocked.

(2) If more than 15 firearms are stored on thepremises where the firearm is stored, the premisesmust be fitted with an intruder alarm system—

(a) the installation, maintenance and operationof which complies with Australian Standard2201.1:2007 (as amended from time to time);and

(b) which, in the event of an intrusion, activatesan audible alarm warning device and anexternal visible alarm warning light.

(2A) The key to the container in which the firearm isstored must—

(a) be carried by the holder of the licence; or

(b) be kept securely in a separate room from thecontainer—

when the container is not being accessed.

Sch. 4 item 2(Heading)inserted byNo. 28/2003s. 75(1).

Sch. 4

Sch. 4item 2(1)(b)amended byNo. 22/1998s. 42(a).

Sch. 4item 2(2)substituted byNo. 50/2007s. 56(1).

Sch. 4item 2(2A)inserted byNo. 28/2003s. 75(2).

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(3) Any cartridge ammunition for the firearm must bestored in a locked container separate from the safein which the firearm must be stored.

(4) Subject to section 121, a firearm that is possessed,carried or used by a holder of a handgun securityguard licence who is employed as a security guardmust be stored by the person who employs theholder of the licence as a security guard atpremises belonging to, or occupied by, theemployer.

3 Firearms collectors licences

(1) The firearm must be stored—

(a) on premises or a part of premises which is apermanent building with secure locks on allopenings; and

(b) in a room—

(i) the walls of which are solid enough tobe a substantial physical barrier toentry; and

(ii) any window of which is covered bysecurity bars; and

(iii) any door to which is—

(A) of a solid material, or is coveredby steel sheet or reinforced byfirmly fixed steel mesh; and

(B) fitted with a lock of the dead latchtype or an extra hasp or barrel boltand padlock which is of such anature as to reduce the possibilityof the door being sprung from the

jamb; and

Sch. 4item 2(3)amended byNo. 22/1998s. 43(Sch.item 17(b)).


Sch. 4

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(C) hinged with concealed hinge pinsor with hinge pins which arewelded to prevent the pins beingremoved; and

(c) in a container—

(i) which is made of steel or any otherrobust material; and

(ii) which must be firmly fixed to the wall

or floor of the room; and(iii) the doors of which are attached with

concealed or welded hinges; and

(iv) which, when any firearm is stored in it,is locked with a lock which is soconstructed as to prevent the doors of the container being easily sprung.

(2) If—

(a) in the case of an antique handgun, more than

15 antique handguns are stored on thepremises where the handgun is stored; or

(b) in any other case, more than 5 firearms arestored on the premises where the firearm isstored—

the premises must be fitted with an intruder alarmsystem—

(c) the installation, maintenance and operationof which complies with Australian Standard2201.1:2007 (as amended from time to time);and

(d) which, in the event of an intrusion, activatesan audible alarm warning device and anexternal visible alarm warning light.

Sch. 4

Sch. 4item 3(2)substituted byNos 28/2003

s. 75(3),78/2005 s. 63,amended byNo. 50/2007s. 56(3).

Sch. 4item 3(2)(d)amended byNo. 29/2011s. 3(Sch. 1item 38.3).

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(2A) The key to the container in which the firearm isstored must—

(a) be carried by the holder of the licence; or

(b) be kept securely in a separate room from thecontainer—

when the container is not being accessed.

(3) The firearm must not be removed from thecontainer except by the holder of the licence.

(4) Any bolt or firing pin which is required to bestored separately from the firearm it is a part of,must be stored in the same manner as is requiredfor the storage of a firearm under a longarmlicence for a category A or B longarm.

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

The firearm must be stored in a receptacle—

(a) which is constructed of hard wood or steelthat is not easily penetrable; and

(b) which, if it weighs less than 150 kilogramswhen it is empty, must be fixed to the frameof the floor or the wall of the premises wherethe firearm is kept in such a manner that it isnot easily removable; and

(c) which when any firearm is stored in it islocked with a lock of sturdy construction.

4 Firearms heirlooms licences

(1) The firearm must be stored in a receptacle—


(b) which, if it weighs less than 150 kilogramswhen it is empty, must be fixed to the frameof the floor or the wall of the premises wherethe firearm is kept in such a manner that it isnot easily removable; and

Sch. 4item 3(2A)inserted byNo. 28/2003s. 75(4).

Sch. 4

Sch. 4 item 3Ainserted byNo. 22/1998s. 42(b).

Sch. 4 item 4amended byNo. 22/1998s. 42(c)(i).

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(c) which, when any firearm is stored in it, islocked with a lock of sturdy construction.

(2) Despite paragraph (1) of this item, the firearmmay be displayed by being fixed to the wall of aroom in a manner that makes it unable to bereadily removed.

5 Firearms ammunition collectors licences

The ammunition must be stored in a receptacle—


(b) which, if it weighs less than 150 kilogramswhen it is empty, must be fixed to the frameof the floor or the wall of the premises wherethe ammunition is kept in such a manner thatit is not easily removable; and

(c) which, when any ammunition is stored in it,is locked with a lock made of sturdyconstruction.

═══════════════

Sch. 4item 4(2)inserted byNo. 22/1998s. 42(c)(ii).

Sch. 4

Sch. 4item 5(b)amended byNo. 26/1997s. 37.

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ENDNOTES

1. General Information

Minister's second reading speech—

Legislative Assembly: 31 October 1996

Legislative Council: 3 December 1996

The long title for the Bill for this Act was "to re-enact, with amendments, theFirearms Act 1958 to make various consequential amendments to other Actsand for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 31 October 1996


Absolute majorities:

Legislative Assembly: 19 and 21 November 1996


The Firearms Act 1996 was assented to on 17 December 1996 and came intooperation as follows:

Sections 1, 2 on 17 December 1996: section 2(1); sections 3, 189 and 196 on6 February 1997: Government Gazette 6 February 1997 page 257—seeInterpretation of Legislation Act 1984 ; rest of Act ( except sections 201(3),202) on 29 April 1997: Government Gazette 24 April 1997 page 921;sections 201(3) and 202 on 31 January 1998: section 2(3).

Endnotes

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2. Table of Amendments

This Version incorporates amendments made to the Firearms Act 1996 byActs and subordinate instruments.

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

Police and Corrections (Amendment) Act 1997, No. 26/1997 Assent Date: 20.5.97Commencement Date: Ss 26, 27, 35 on 17.12.96: s. 2(2); ss 17–25, 28–31, 34,

36, 37 on 22.5.97: Government Gazette 22.5.97p. 1131; ss 32, 33 on 2.10.97: Government Gazette2.10.97 p. 2731

Current State: This information relates only to the provision/samending the Firearms Act 1996

Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (as amended byNo. 74/2000)

Assent Date: 11.6.97Commencement Date: S. 60(2) on 1.9.97: s. 2(2)Current State: This information relates only to the provision/s

amending the Firearms Act 1996

Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997 Assent Date: 2.12.97Commencement Date: Ss 41–47 on 2.12.97: s. 2(1)Current State: This information relates only to the provision/s


Firearms (Amendment) Act 1998, No. 22/1998 Assent Date: 5.5.98Commencement Date: Ss 1, 2 on 5.5.98: s. 2(1); ss 3–40(b), 40(d), 40(f),

40(h)–43, Sch. on 6.8.98: Government Gazette 9.7.98p. 1852; s. 40(c), (e), (g) on 7.9.98: GovernmentGazette 3.9.98 p. 2342

Current State: All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,No. 52/1998

Assent Date: 2.6.98Commencement Date: S. 311(Sch. 1 item 30) on 1.7.98: Government Gazette

18.6.98 p. 1512Current State: This information relates only to the provision/s


Endnotes

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Police Regulation and Firearms (Amendment) Act 1999, No. 30/1999 Assent Date: 1.6.99Commencement Date: Ss 30–32 on 22.8.99: Government Gazette 12.8.99

p. 1889Current State: This information relates only to the provision/s


Psychologists Registration Act 2000, No. 41/2000 Assent Date: 6.6.00Commencement Date: S. 102(Sch. item 4) on 1.6.01: s. 2(2)Current State: This information relates only to the provision/s


Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01Commencement Date: S. 3(Sch. item 45) on 15.7.01: s. 2Current State: This information relates only to the provision/s


Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01Commencement Date: S. 3(Sch. item 8) on 20.12.01: Government Gazette



Control of Weapons and Firearms Acts (Search Powers) Act 2003, No. 9/2003 Assent Date: 6.5.03Commencement Date: Ss 9–15 on 5.10.03: Government Gazette 2.10.03



Firearms (Trafficking and Handgun Control) Act 2003, No. 28/2003 Assent Date: 20.5.03Commencement Date: Ss 3(1)(a)–(e)(h)(i), 4–9, 11–13, 15–17, 19–22, 29,

38–45, 46(1)(3), 47–49, 51, 52, 54, 56–63, 67–73 on1.7.03: Special Gazette (No. 130) 1.7.03 p. 1;ss 3(1)(f)(g)(2), 10, 14, 18, 23–28, 30–37, 46(2), 50,53, 55, 64, 65, 66, 74, 75 on 1.1.04: s. 2(2)


Firearms (Amendment) Act 2003, No. 107/2003

Assent Date: 9.12.03Commencement Date: S. 8 on 10.12.03: s. 2(2); ss 3–7 on 1.1.04: s. 2(1) Current State: This information relates only to the provision/s


Private Security Act 2004, No. 33/2004 Assent Date: 1.6.04Commencement Date: S. 207 on 1.7.05: s. 2(3)Current State: This information relates only to the provision/s


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Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 78) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05Commencement Date: S. 18(Sch. 1 item 43) on 12.12.05: Government

Gazette 1.12.05 p. 2781Current State: This information relates only to the provision/s


Firearms (Further Amendment) Act 2005, No. 78/2005 (as amended byNo. 50/2007)

Assent Date: 22.11.05Commencement Date: Ss 3(1)(b), 6(4)(6)(7), 12(2)(b), 12(3)(b)(c), 19, 22, 23,

25, 26, 28, 30(2), 31, 32, 35–38, 45–47, 49–51, 55, 57,58, 61(1)(2), 62(1)(2), 66 on 1.1.06: GovernmentGazette 22.12.05 p. 2972; ss 3(1)(a)(c)(d)(2), 4, 5,6(1)(2)(3)(5), 7–10, 12(1)(2)(a)(3)(a)(4)(5)(6), 13, 14,16–18, 20, 21, 24, 29, 30(1), 34, 39–44, 52, 53, 56, 60,61(3), 62(3), 63 on 1.7.06: Government Gazette29.6.06 p. 1315; ss 11, 15, 27, 33, 48, 59 on 1.10.06:s. 2(4); ss 64, 65 on 1.7.08: s. 2(2)


Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05Commencement Date: S. 182(Sch. 4 item 20) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Disability Act 2006, No. 23/2006 Assent Date: 16.5.06Commencement Date: S. 238 on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06Commencement Date: S. 3(Sch. 1 item 11) on 7.6.06: s. 2(1)Current State: This information relates only to the provision/s


Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06Commencement Date: S. 94(Sch. item 20) on 1.7.06: Government Gazette



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Children, Youth and Families (Consequential and Other Amendments) Act 2006,No. 48/2006

Assent Date: 15.8.06Commencement Date: S. 42(Sch. item 14) on 23.4.07: s. 2(3)Current State: This information relates only to the provision/s


Corrections and Other Justice Legislation (Amendment) Act 2006, No. 49/2006 Assent Date: 15.8.06Commencement Date: S. 22 on 16.8.06: s. 2(1)Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,No. 80/2006



Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07Commencement Date: S. 3(Sch. item 26) on 27.6.07: s. 2(1)Current State: This information relates only to the provision/s


Firearms Amendment Act 2007, No. 50/2007 Assent Date: 17.10.07Commencement Date: Ss 3(1)(a)(c)–(g)(2), 4–8, 12, 14–19, 25–27, 30,

32–35, 40–53, 55 on 30.6.08: Government Gazette26.6.08 p. 1388; ss 3(1)(b)(3), 9–11, 13, 20–24, 28, 29,31, 36–39, 54, 56 on 1.9.08: s. 2(2)


Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08Commencement Date: S. 73(1)(Sch. 1 item 23) on 1.12.08: s. 2(2)Current State: This information relates only to the provision/s


Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08Commencement Date: Ss 7, 9–12 on 3.6.08: s. 2(1); s. 8 on 30.6.08: s. 2(3)(b)


Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08Commencement Date: S. 143(Sch. 2 item 7) on 5.12.08: Special Gazette

(No. 340) 4.12.08 p. 1Current State: This information relates only to the provision/s


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Family Violence Protection Act, No. 52/2008 Assent Date: 23.9.08Commencement Date: Ss 245–249 on 8.12.08: Special Gazette (No. 339)



Stalking Intervention Orders Act 2008, No. 68/2008 (as amended by No. 20/2011) Assent Date: 18.11.08Commencement Date: Ss 70–76 on 8.12.08: Special Gazette (No. 339)



Justice Legislation Amendment Act 2009, No. 25/2009 Assent Date: 17.6.09Commencement Date: Ss 8–11 on 3.9.09: Government Gazette 3.9.09



Justice Legislation Further Amendment Act 2009, No. 55/2009 Assent Date: 22.9.09Commencement Date: Ss 15–21 on 30.10.09: Government Gazette 29.10.09



Statute Law Amendment (Evidence Consequential Provisions) Act 2009,No. 69/2009

Assent Date: 24.11.09Commencement Date: S. 54(Sch. Pt 2 item 21) on 1.1.10: s. 2(2)Current State: This information relates only to the provision/s


Statute Law Amendment (National Health Practitioner Regulation) Act 2010,No. 13/2010



Firearms and Other Acts Amendment Act 2010, No. 52/2010 Assent Date: 7.9.10

Commencement Date: Ss 3(1)(b)(d), 4, 17, 19, 21, 23 on 1.11.10:Government Gazette 28.10.10 p. 2583;ss 3(1)(a)(c)(2), 5–16, 18, 20, 22, 24, 25 on 1.7.11:s. 2(2)


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Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10Commencement Date: S. 221(Sch. item 5) on 5.9.11: Special Gazette



Education and Training Reform Amendment (School Safety) Act 2011,No. 11/2011

Assent Date: 10.5.11Commencement Date: S. 7 on 1.1.12: s. 2(2)Current State: This information relates only to the provision/s


Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11Commencement Date: S. 3(Sch. 1 item 38) on 22.6.11: s. 2(1)Current State: This information relates only to the provision/s


Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 Assent Date: 22.11.11Commencement Date: S. 107(Sch. item 6) on 16.1.12: Special Gazette



Control of Weapons and Firearms Acts Amendment Act 2012, No. 12/2012 Assent Date: 20.3.12Commencement Date: Ss 7–12 on 16.5.12: Special Gazette (No. 157) 15.5.12



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Endnotes

Documents

Firearms Act 1996 v.64