Firearms Amendment (Community Safety) Act 2023


Tasmanian Crest
Firearms Amendment (Community Safety) Act 2023

An Act to amend the Firearms Act 1996

[Royal Assent 21 December 2023]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Firearms Amendment (Community Safety) Act 2023 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Principal Act

In this Act, the Firearms Act 1996 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

[Uncommenced

(a) by omitting "firearm, other than a toy" from paragraph (e) of the definition of firearm and substituting "firearm";

]

(b) by inserting the following definition after the definition of firearm part :
firearm sound suppressor means any implement designed to suppress the sound caused by the discharge of a firearm, whether or not the implement forms part of the firearm or can be attached to, or removed from, the firearm;

[Uncommenced

(c) by omitting "article" from the definition of imitation firearm and substituting "article, other than a toy firearm,";

]

(d) by inserting "firearm sound suppressor," after "firearm," in paragraph (a) of the definition of manufacture ;

[Uncommenced

(e) by inserting the following definition after the definition of sell :
toy firearm includes an item of any material or colour that –
(a) has the appearance of a firearm; and
(b) is marketed to, or commonly used by, persons as something that may be used in play; and
(c) could reasonably be mistaken for a firearm;

]

[Uncommenced

(f) by inserting "or toy firearm" after "a firearm" in the definition of use ;

]

[Uncommenced

(g) by inserting "or toy firearm" after "firearm" in paragraph (a) of the definition of use .

]

5.   

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

6.    Section 14 amended (Category A firearms licence)

Section 14(1)(c) of the Principal Act is amended by inserting ", lever action" after "action".

7.    Section 15 amended (Category B firearms licence)

Section 15(1) of the Principal Act is amended by inserting after paragraph (b) the following paragraph:
(ba) lever action shotgun with a magazine capacity of no more than 5 rounds of ammunition; and

8.    Section 17 amended (Category D firearms licence)

Section 17(1)(c) of the Principal Act is amended by inserting ", or lever action," after "action".

9.   

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

10.   

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

11.    Section 114 amended (Carrying firearm, or toy firearm, with criminal intent)

Section 114 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "firearm" and substituting "firearm,or a toy firearm,";
(b) by omitting from subsection (2)(a) "firearm" and substituting "firearm or a toy firearm";
(c) by omitting from subsection (2) "firearm" second occurring and substituting "firearm,or toy firearm,".

12.    Section 115 amended (Aggravated assault)

Section 115(1) of the Principal Act is amended as follows:
(a) by inserting in paragraph (a) "or toy firearm" after "firearm";
(b) by inserting in paragraph (b) "or toy firearm" after "use a firearm";
(c) by inserting in paragraph (b) "or toy firearm" after "carrying a firearm";
(d) by inserting in paragraph (c) "or toy firearm" after "firearm".

13.   

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

14.   

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

15.   

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

16.    Section 133A amended (Interpretation of Part)

Section 133A of the Principal Act is amended by omitting the definition of firearm and substituting the following definition:
firearm includes –
(a) a weapon falling within paragraph (a) of the definition of ordnance in section 3 ; and
(b) a toy firearm.

17.   

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

18.   

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

19.   Repeal of Act

This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.