Firearms (Miscellaneous Amendments) Act 2015

4.   

The amendments effected by this section have been incorporated into the authorised version of the Firearms Act 1996 .

5.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

6.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

7.    Section 10 amended (Acquiring firearms)

Section 10(1) of the Principal Act is amended by inserting "a licensed firearms dealer or" after "is".

9.    Section 16 amended (Category C firearms licence)

Section 16 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  Subsection (2) does not apply in respect of a Category C firearms licence that is specified as being issued only for the genuine reason of firearms collection.

10.    Section 17 amended (Category D firearms licence)

Section 17 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  Subsection (2) does not apply in respect of a Category D firearms licence that is specified as being issued only for the genuine reason of firearms collection.

11.    Section 18 amended (Category H firearms licence)

Section 18(4) of the Principal Act is amended by omitting ".45" and substituting ".46".

13.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

14.    Section 25 amended (Purchase and sale)

Section 25 of the Principal Act is amended as follows:

(a) by inserting in subsection (1)(b) "or is surrendering a firearm in accordance with section 109(1) " after "licence";

(b) by omitting paragraphs (a) and (b) from subsection (2) and substituting the following paragraphs:

(a) is authorised by a permit to acquire the firearm and the firearms dealer has seen the permit; and

(b) is authorised by a licence to possess the firearm and the firearms dealer has seen the licence.

(c) by omitting subsection (4) .

15.    Sections 27A and 27B inserted

After section 27 of the Principal Act , the following sections are inserted in Division 4:

27A.   Use of collection firearms on certain occasions

(1)  The Commissioner may grant a permit, to the holder of a licence granted for the genuine reason of collection, to carry or use any firearm held under the licence at a commemorative or historical event and held on an approved range.

(2)  The Commissioner may impose any conditions on the permit that the Commissioner considers appropriate.

(3)  The conditions that the Commissioner may impose on a permit granted under this section may include conditions for or in respect of –

(a) the circumstances in which the Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and

(b) the length or term of the permit and any related matters.

(4)  An application for a permit must be –

(a) in a form and manner approved by the Commissioner; and

(b) accompanied by the prescribed fee.

(5)  The holder of a permit must comply with the terms and conditions of the permit.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

27B.   Commissioner may require list of firearms in possession of licence holder to be provided

The Commissioner, by notice given to a licence holder, may require the licence holder to provide to the Commissioner a list of all firearms in the possession of the licence holder.

16.    Section 29 amended (General restrictions on granting licence)

Section 29(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (d) "course; and" and substituting "course.";

(b) by omitting paragraph (e) .

17.    Section 29B inserted

After section 29A of the Principal Act , the following section is inserted in Division 5:

29B.   Commissioner may seek further information

(1)  Before granting an application for a licence, the Commissioner may do any or all of the following:

(a) make an inquiry or conduct an investigation into the applicant or the application;

(b) require the applicant to provide any further information the Commissioner reasonably needs to be satisfied about the applicant’s identity or physical or mental health including –

(i) a report from a medical practitioner about the applicant’s physical health; and

(ii) a report from a medical practitioner or psychologist about the applicant’s mental health;

(c) provide, for inspection, information or a document relevant to the applicant’s identity to a police officer or an employee of the Department.

(2)  If the Commissioner suspects, on reasonable grounds, that the applicant’s stated identity is false or misleading, the Commissioner may require the applicant to provide an identifying particular to verify the applicant’s identity.

(3)  The applicant is taken to have withdrawn the application if, within a period specified by the Commissioner, the applicant –

(a) refuses or fails to provide the information reasonably required under subsection (1)(b); or

(b) refuses to allow the inspection under subsection (1)(c); or

(c) fails to comply with a requirement under subsection (2).

(4)  If information about the applicant’s mental health given under subsection (1)(b) is provided in a medical practitioner's or psychologist’s report, the Commissioner may –

(a) make information in the Commissioner’s possession available to the medical practitioner or psychologist; and

(b) ask the medical practitioner or psychologist to provide a further report.

(5)  The Commissioner may make the information available only if the Commissioner considers, on reasonable grounds, that –

(a) the medical practitioner or psychologist was not aware of the information; and

(b) the information may influence the medical practitioner's or psychologist’s opinion about the applicant’s mental health.

(6)  The Commissioner must advise the applicant of the fact that the information is being supplied to the medical practitioner or psychologist.

(7)  The Commissioner may make the information available under subsection (4) despite the provisions of any other Act.

(8)  Unless the Commissioner considers that an identifying particular obtained in the course of inquiries into the application is currently required for the investigation of an offence, the Commissioner must, after deciding the application –

(a) either –

(i) return the identifying particular to the applicant; or

(ii) destroy the identifying particular and notify the applicant in writing of its destruction; and

(b) destroy any record or copy of the identifying particular.

(9)  Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.

(10)  For the purposes of this section –

identifying particular includes –

(a) fingerprints; and

(b) DNA; and

(c) any other means by which a person may be identified.

18.    Section 31 amended (Restrictions on granting Category C firearms licence)

Section 31(1) of the Principal Act is amended as follows:

(a) by inserting ", animal population control" after "that the genuine reason for holding the licence is primary production";

(b) by inserting "or animal population control " after "if the genuine reason for holding the licence is primary production".

20.    Part 2, Division 5A inserted

After section 36 of the Principal Act , the following Division is inserted in Part 2:

Division 5A - Renewal of licences

36A.   Renewal of licences

(1)  Before the expiration of a licence under this Part, or within the period of 14 days after that expiration, the holder may apply to the Commissioner for renewal of the licence.

(2)  An application must be –

(a) in a form and manner approved by the Commissioner; and

(b) accompanied by the prescribed fee.

36B.   Continuation of licence during consideration of application for renewal

If a licence holder has applied for renewal of a licence under section 36A and that application has not been determined before the date of expiry of the licence, the licence is deemed to continue in force, on and from that date, until the determination of the application.

36C.   General discretion of Commissioner to refuse to renew licence or to alter or vary conditions of licence

(1)  The Commissioner may renew or refuse to renew a licence under this Part and, if a licence is to be renewed, the Commissioner may alter or vary the conditions on the licence or impose further conditions on the licence.

(2)  The Commissioner must not renew the licence –

(a) if the applicant can no longer demonstrate that the genuine reason for which the licence was previously issued is still applicable; or

(b) if the applicant or any responsible person in relation to the application is subject to a prohibition order; or

(c) unless the Commissioner is satisfied that –

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

(ii) the applicant can comply with the storage requirements set out by or under this Act; and

(iii) the renewal of the licence is not against the public interest; or

(d) for any other prescribed reason.

36D.   Commissioner may alter or vary conditions on licence

The Commissioner may alter or vary the conditions on the licence –

(a) if the applicant can no longer demonstrate that the genuine reason for which the licence was previously issued is still applicable; or

(b) for any other prescribed reason.

36E.   Review of a decision not to renew licence

A person who is not the subject of a prohibition order and who has applied for the renewal of a licence under this Part may apply to a magistrate for a review of a decision of the Commissioner –

(a) not to renew that licence; or

(b) to alter or vary any of the conditions on the licence.

36F.   Disposal of firearms where licence not renewed

(1)  A person whose licence is not renewed does not commit an offence under this Part if he or she possesses 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 the purpose of disposing of the firearm; or

(b) if an application for review has been made against the decision not to renew the licence, for 28 days after the confirmation of the decision, for the purpose of disposing of the firearm.

(2)  If a condition on a licence is altered or varied under section 36D requiring a firearm to be disposed of, the holder of the licence does not commit an offence under this Part, in the period of 28 days after the date of the alteration or variation, if he or she possesses or carries the firearm for the purpose of disposing of it.

(3)  A person who is disposing of a firearm in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a police officer or a licensed firearms dealer.

Penalty:  Fine not exceeding 60 penalty units or imprisonment for a term not exceeding 12 months, or both.

(4)  This Act applies to an application for the renewal of a licence as if it were an application for that licence.

22.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

23.    Section 40 amended (Requirements relating to primary production)

Section 40 of the Principal Act is amended as follows:

(a) by omitting ", in the case of an application for a Category C firearms licence";

(b) by omitting paragraph (a) and substituting the following paragraph:

(a) be a person who is regularly engaged –

(i) in the business of primary production on land owned, managed or leased by the person; or

(ii) as an employee of such a person; and

24.    Section 46 amended (General conditions of licence)

Section 46 of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

(ba) the licensee must notify the Commissioner in an approved form of any change in the licensee's name or residential address within 14 days after that change;

25.    Section 47 amended (Special conditions of certain licence)

Section 47 of the Principal Act is amended as follows:

(a) by omitting paragraphs (e) and (f) from subsection (1) and substituting the following paragraph:

(e) the holder must not discharge a firearm which forms part of the collection otherwise than in accordance with the specific approval of the Commissioner.

(b) by inserting the following subsection after subsection (1) :

(1A)  Notwithstanding subsection (1)(d) , a firearm rendered temporarily incapable of being fired in accordance with subsection (1)(a) may be temporarily rendered operable for the purposes of undertaking routine cleaning or maintenance, or for participation in an approved event in accordance with section 27A .

26.    Section 51 amended (Cancellation of licence)

Section 51 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) ", or interim restraint order";

(b) by omitting from subsection (7)(b) "or interim restraint order".

28.    Section 60 amended (General restrictions on granting permits)

Section 60(4) of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) "months." and substituting "months; and";

(b) by inserting the following paragraph after paragraph (c) :

(d) is satisfied that the applicant is able to meet the storage and safety requirements specified in Part 5 .

29.    Section 61 amended (Granting permit)

Section 61 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) only –

(i) after 28 days have expired after the lodging of the application for the permit, in the case of an application for a permit which has been made by a person who does not possess a registered firearm under a licence under this Act; or

(ii) in any other case, after sufficient time has expired to allow the Commissioner to consider the application properly, in normal circumstances not less than 14 days after the lodging of the application; and

30.    Section 70 amended (Authority of minor's permit)

Section 70 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "16" and substituting "14";

(b) by inserting in subsection (1)(a)(i) "who has held the licence for a continuous period of one year" after "licence";

(c) by inserting in subsection (1)(b)(i) "including, in the case of a minor who has completed an approved firearms safety course, shooting the firearm under the immediate supervision of the holder of a licence who has held the licence for a continuous period of one year" after "firearm";

(d) by omitting from subsection (2) "16" and substituting "14".

31.    Section 73A inserted

After section 73 of the Principal Act , the following section is inserted in Division 2:

73A.   Minor to act in accordance with permit

The holder of a minor's permit must not use or possess a firearm otherwise than in accordance with the permit.

Penalty:  Fine not exceeding 5 penalty units.

33.   

The amendments effected by this section have been incorporated into the authorised version of the Firearms Act 1996 .

34.    Section 84 amended (General requirements)

Section 84 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) ", firearm part or ammunition" after "a firearm";

(b) by inserting in subsection (1) ", firearm part or ammunition" after "the firearm";

(c) by inserting in subsection (2) ", firearm part or ammunition" after "a firearm";

(d) by inserting in subsection (2) ", firearm part or ammunition" after "the firearm";

(e) by inserting in subsection (3) ", firearm part or ammunition" after "a firearm";

(f) by inserting in subsection (3) ", firearm part or ammunition" after "the firearm";

(g) by inserting in paragraph (b) of the penalty under subsection (3) ", firearm part or ammunition" after "firearm".

35.    Sections 85 and 86 substituted

Sections 85 and 86 of the Principal Act are repealed and the following section is substituted:

85.   Licence holder must comply with prescribed storage requirements

(1)  The holder of a Category A, Category B, Category C or Category D firearms licence must comply with the prescribed requirements in respect of the storage of –

(a) any firearm to which the licence applies; and

(b) any firearm part or ammunition for such a firearm.

Penalty:  Fine not exceeding 60 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  If the holder of a Category A, Category B, Category C or Category D firearms licence has possession of 10 or more firearms, he or she must comply with the prescribed requirements in respect of the storage of –

(a) those firearms; and

(b) any firearm part or ammunition for those firearms.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  The holder of a Category H firearms licence must comply with the prescribed requirements in respect of the storage of –

(a) any firearm to which the licence applies; and

(b) any firearm part or ammunition for such a firearm.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  This section does not apply to a licensee if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements, for the storage of firearms, firearms parts and ammunition in the licensee's possession, that are of a standard not less than the prescribed requirements.

36.    Section 87 amended (Firearms dealer and museum licences requirement)

Section 87 of the Principal Act is amended as follows:

(a) by omitting from paragraph (i) "firearm." and substituting "firearm;";

(b) by inserting the following paragraphs after paragraph (i) :

(j) in the case of the holder of a firearms dealer licence, all ammunition that is not in the physical possession of the holder or any employee of the holder, or that is not being displayed to a customer under the immediate continuous personal supervision of the holder or the employee, is to be stored in a locked receptacle that is –

(i) of an approved type; and

(ii) kept separate from any receptacle containing a firearm;

(k) such other requirements as may be prescribed.

38.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

39.    Section 89 amended (Record of dealings)

Section 89 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) ", firearm parts and ammunition" and substituting "and firearm parts";

(b) by omitting paragraph (e) from subsection (2) ;

(c) by inserting the following subsection after subsection (5) :

(6)  If required to do so by the Commissioner, a licensed firearms dealer must keep a record in an approved form of all of the dealer's dealings with ammunition.

41.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

42.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

43.   

The amendments effected by this section have been incorporated into the authorised version of the Firearms Act 1996 .

44.    Section 106A inserted

After section 106 of the Principal Act , the following section is inserted in Division 2:

106A.   Advertising sale of firearm receptacles

A person must not cause an advertisement for the sale of a receptacle for the storage of firearms unless the receptacle complies with the requirements of Part 5 .

Penalty:  Fine not exceeding 50 penalty units.

46.    Section 109 amended (Surrender of firearms by unauthorised persons)

Section 109 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "to a police officer or a licensed firearms dealer" after "surrender the firearm";

(b) by inserting the following subsection after subsection (2) :

(3)  A licensed firearms dealer to whom a firearm is surrendered under this section must deal with the firearm in the manner prescribed by the regulations.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

48.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

49.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

50.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

51.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

52.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

53.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

54.   

The amendments effected by this section have been incorporated into the authorised version of the Firearms Act 1996 .

55.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

56.    Section 141 amended (Reviews)

Section 141(1) of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (b) :

(ba) any variation of a condition under section 35A ; or

(b) by inserting the following paragraphs after paragraph (d) :

(da) a refusal to grant an application under section 99C ; or

(db) the suspension or cancellation of a registration under section 99E ; or

58.    Section 157A inserted

After section 157 of the Principal Act , the following section is inserted in Part 11:

157A.   Infringement notices

(1)  Where a police officer is satisfied that a person has committed a prescribed offence, he or she may serve on that person an infringement notice in respect of that offence by delivering it to that person or by sending it to that person by post.

(2)  An infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 .

(3)  For the purposes of subsection (1), an offence specified in Schedule 1A is a prescribed offence.

(4)  The penalties listed in Column 4 of Schedule 1A are the prescribed penalties for the offences listed in Column 3 of that Schedule to which they respectively relate.

59.    Section 158 amended (Evidence)

Section 158 of the Principal Act is amended by inserting after paragraph (h) the following paragraph:

(ha) that a specified firearm was a specified category of firearm, whether registered or not, on a specified day or during a specified period;

61.   

The amendment effected by this section has been incorporated into the authorised version of the Firearms Act 1996 .

62.    Schedule 1A inserted

After Schedule 1 to the Principal Act , the following Schedule is inserted:

SCHEDULE 1A - Infringement notice offences

Section 157A

	Section of Act	Description of offence	Penalty (Penalty units)
1.	23(2)	Fail to provide document within required period	1
2.	48	Fail to comply with conditions of licence	2.5
3.	82	Fail to produce registered firearm	1
4.	91	Alter dealings record otherwise than by interlineation or striking out	1
5.	92	Fail to provide copy of dealings record on ceasing to hold dealer licence	2.5
6.	93(1)	Fail to forward quarterly return	2.5
7.	93A(2)	Fail to provide business management declaration	2
8.	94(1)	Fail to affix label	1
9.	95(1)	Fail to notify of loss, theft or destruction of firearm	1
10.	96(2)	Fail to provide particulars as requested	1
11.	97	Display firearm otherwise than in accordance with requirements	2.5
12.	98(1)	Repair firearm without seeing licence, permit or certificate of registration	1
13.	98(2)	Repair firearm that is not registered	2.5
14.	99	Fail to keep records safe as required	1
15.	106	Advertise sale of firearm otherwise than as required	1
16.	108(2)	Person carrying firearm fail to state name and place of residence	2.5
17.	122(1)	Fail to produce licence or permit for inspection	2.5
18.	122(2)	Holder of licence or permit fail to state name and place of residence	2.5
19.	138(2)	Fail to provide information as requested	0.5
20.	147(7)	Fail to comply with obligations as keeper of firearm	1

63.   

The amendments effected by this Part have been incorporated into the authorised version of the Forensic Procedures Act 2000 .

64.   

The amendments effected by this Part have been incorporated into the authorised version of the Forensic Procedures Act 2000 .