S. 3(1) def. of antique handgun inserted by No. 78/2005 s. 3(1)(a), substituted by No. 50/2007 s. 3(1)(b). antique handgun means a handgun— (a) that was manufactured before 1 January 1900; and (b) that uses percussion as a means of ignition; and (c) that does not take commercially available cartridge ammunition; S. 3(1) def. of antique handgun collectors licence inserted by No. 78/2005 s. 3(1)(a). s. 3 antique handgun collectors licence means a licence issued under section 21B; S. 3(1) def. of approved club amended by No. 28/2003 s. 3(1)(d). approved club means a club approved by the Chief Commissioner under section 10(3); S. 3(1) def. of approved firearms collectors club inserted by No. 28/2003 s. 3(1)(c). approved firearms collectors club means a person or body approved by the Chief Commissioner under section 123H; S. 3(1) def. of approved handgun target shooting club inserted by No. 28/2003 s. 3(1)(c). approved handgun target shooting club means a person or body approved by the Chief Commissioner under section 123A;
S. 3(1) def. of approved handgun target shooting match inserted by No. 28/2003 s. 3(1)(c), substituted by Nos 78/2005 s. 3(1)(b), 52/2010 s. 3(1)(a), amended by No. 12/2012 s. 7(1). approved handgun target shooting match means— (a) a competitive target shooting match approved by the Chief Commissioner that is conducted by an approved handgun target shooting club at an approved shooting range; or (b) a handgun target shooting match conducted in another State or a Territory or a place outside Australia that is recognised by the Chief Commissioner under section 16(12)(a) to be an approved handgun target shooting match; approved shooting range means a shooting range approved by the Chief Commissioner under section 179; S. 3(1) def. of armed guard activity inserted by No. 50/2007 s. 3(1)(a). s. 3 armed guard activity means the activity, performed by a person acting as a security guard, of protecting, watching or guarding any property while being in possession of a firearm; S. 3(1) def. of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch. item 26.1). * * * * * S. 3(1) def. of black powder handgun inserted by No. 78/2005 s. 3(1)(a). black powder handgun means a handgun that— (a) uses black powder to propel a projectile; and (b) is not capable of being loaded with or discharging breech-loaded metallic cartridges;
(e) any other firearm prescribed for the purposes of this category; (f) any other firearm that is declared under section 3A(1) to be a category D longarm; (g) any other firearm that is declared under section 3B(1)(a) to be a category D longarm; S. 3(1) def. of category E handgun inserted by No. 28/2003 s. 3(1)(c), amended by No. 50/2007 s. 3(1)(d). category E handgun means any of the following— (a) a machine gun that is a handgun; (b) any handgun prescribed for the purposes of this category; (c) any other firearm that is declared under section 3A(1) to be a category E handgun; s. 3 S. 3(1) def. of category E longarm amended by Nos 22/1998 s. 4(c), 28/2003 s. 3(1)(e), 50/2007 s. 3(1)(e), 21/2008 s. 7(b). 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 less than 75 centimetres measured parallel to the barrel; (d) a mortar, bazooka, rocket propelled grenade or similar large calibre military firearm designed to fire an explosive or projectile or any other similar prescribed firearm; (da) a cannon which is not a black powder ball firing cannon; (e) any other firearm prescribed for the purposes of this category;
S. 3(1) def. of dispose of substituted by No. 28/2003 s. 3(1)(b). 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 the purposes of sale, barter or exchange— (whether or not the thing is to remain in ) but does not include lending the thing; S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 8.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 23.1). s. 3 domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); drug has the same meaning as in the Road Safety Act 1986;
compressed gases and used for rescue purposes, rescue training or rescue demonstration; or (j) a device of a prescribed class; firearms ammunition collectors licence means a firearms ammunition collectors licence issued under section 28; S. 3(1) def. of firearms collectors licence amended by Nos 28/2003 s. 3(1)(h), 78/2005 s. 3(1)(d). s. 3 firearms collectors licence means a firearms collectors licence issued under section 21, 21A or 21B; firearms heirlooms licence means a firearms heirlooms licence issued under section 25; S. 3(1) def. of fixed ammunition repealed by No. 22/1998 s. 4(e). * * * * * S. 3(1) def. of general category handgun inserted by No. 28/2003 s. 3(1)(c). general category handgun means a handgun that is not a category E handgun; S. 3(1) def. of general category handgun licence inserted by No. 28/2003 s. 3(1)(c). general category handgun licence means a handgun licence issued under section 15; handgun means a firearm that— (a) is reasonably capable of being carried or concealed about the person; or
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 23.3). nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); S. 3(1) def. of officer amended by Nos 44/2001 s. 3(Sch. item 45), 21/2008 s. 12. officer— (a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and (b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate— but does not include an employee of the body corporate; S. 3(1) def. of paintball inserted by No. 78/2005 s. 3(1)(a). paintball means a projectile that primarily consists of a dye or similar substance designed to mark a person or object; S. 3(1) def. of paintball marker inserted by No. 78/2005 s. 3(1)(a). s. 3 paintball marker means a firearm that is designed to discharge a paintball; S. 3(1) def. of paintball marker licence inserted by No. 78/2005 s. 3(1)(a). paintball marker licence means a licence issued under section 9(6); S. 3(1) def. of percussion inserted by No. 78/2005 s. 3(1)(a). percussion means a means of ignition in a firearm in which metallic chemical compounds or fulminates are used to ignite the main powder charge;
S. 3(1) def. of restricted ammunition inserted by No. 78/2005 s. 3(1)(a). restricted ammunition, in relation to a handgun, means any ammunition for use in the handgun that— (a) is not factory manufactured; or (b) is not recommended by the manufacturer of the handgun as being appropriate 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 is constructed or has been, at any time, constructed so that— (a) each bullet or missile is discharged by a separate application of pressure to the trigger; and (b) the energy of the discharge is used as part of the reloading cycle of the rifle or shotgun (as the case may be); S. 3(1) def. of serial number inserted by No. 52/2010 s. 3(1)(b). serial number, of a firearm, means a number that enables the firearm to be individually identified that has been— (a) assigned to the firearm by its manufacturer; or (b) stamped or otherwise affixed to the firearm in accordance with section 119A or 119B; s. 3 shooting gallery means any room, gallery, saloon, land or premises used with the permission of a Council (within the meaning of the Local Government Act 1989) for the purpose of practising shooting with airguns, other than paintball guns, whether on payment or otherwise;
(a) sport or target shooting— (i) the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; and S. 10(2)(a)(ii) amended by No. 22/1998 s. 5(2)(a), substituted by No. 78/2005 s. 8(1). (ii) the applicant must engage in sport or target shooting only at a place which is authorised by or under this Act as a place at which sport or target shooting using category A or B longarms may take place; s. 10 (b) hunting, the applicant must— (i) produce written evidence that the applicant owns, occupies or manages the land on which he or she intends to hunt; or S. 10(2)(b)(ia) inserted by No. 78/2005 s. 8(2). (ia) the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; or (ii) produce written evidence from the owner or manager of any privately owned land on which he or she intends to hunt that he or she may be permitted from time to time to use that land for the purposes of hunting; or (iii) if the applicant is the holder of a game licence issued under the Wildlife Act 1975, produce the licence; or S. 10(2)(b)(iv) amended by No. 22/1998 s. 5(2)(b). (iv) produce written evidence that he or she is from time to time formally employed, engaged or contracted to shoot pest animals or take game; or
S. 11(3) amended by No. 26/1997 s. 19(3). (3) The Chief Commissioner may approve any clay target shooting club or clay target shooting organisation for the purposes of this Act. S. 11(4) inserted by No. 22/1998 s. 6(3). (4) A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time. S. 11(5) inserted by No. 22/1998 s. 6(3). (5) The Chief Commissioner may— (a) impose conditions on any approval under subsection (3); and (b) after notifying the holder of the approval, alter any such condition. s. 12 12 Reasons for applying for a longarm licence, category D (1) The Chief Commissioner must not issue a longarm licence for category D longarms unless— (a) the applicant can demonstrate that the licence is required for one of the following reasons— (i) professional hunting; S. 12(1)(a)(ii) amended by No. 22/1998 s. 7(a). (ii) an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; and (b) in the case of an applicant who requires the licence for professional hunting, the Chief Commissioner is satisfied that the quarry the applicant proposes to hunt cannot be hunted with any category of firearm other than a category D longarm. (2) For the purposes of demonstrating that the licence is required for—
S. 16(9) inserted by No. 107/2003 s. 3(3). s. 16 (9) In this section, specified class of handgun means any of the following— (a) any of the classes of general category handgun that are prescribed for the purposes of this section; (b) the class of general category handgun that is comprised by those handguns that do not form part of any class of handgun prescribed under paragraph (a). S. 16(10) inserted by No. 78/2005 s. 12(6). (10) For the purposes of this section, an approved handgun target shooting match or a handgun target shoot that takes place on more than one day is to be taken to be, for each day on which the match or shoot takes place, a separate match or shoot. S. 16(11) inserted by No. 78/2005 s. 12(6). (11) This section (other than subsection (1)) does not apply to— (a) the holder of a handgun target shooting licence, where that person does not possess a handgun under that licence; or (b) a person, where that person possesses and carries a handgun under a licence issued under section 15(1)(d); or s. 16 (c) the holder of a handgun target shooting licence which is not a natural person. S. 16(12) inserted by No. 52/2010 s. 5(2). (12) The Chief Commissioner may recognise— S. 16(12)(a) amended by No. 12/2012 s. 10(3). (a) a handgun target shooting match conducted in another State or a Territory or a place outside Australia to be an approved handgun target shooting match; or
S. 22 (Heading) inserted by No. 28/2003 s. 18(1), amended by No. 78/2005 s. 18(1). S. 22 amended by No. 28/2003 s. 18(2). s. 22 22 Conditions applying to firearms collectors licences S. 22(1) amended by No. 78/2005 s. 18(2). (1) Each firearms collectors licence is subject to— (a) the general conditions specified in items 1 and 2 of Schedule 1; and (b) the special conditions specified in item 5 of Schedule 2; and (c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. S. 22(2) inserted by No. 28/2003 s. 18(3), amended by No. 78/2005 s. 18(3). (2) Each firearms collectors licence is subject to the following conditions— (a) that the holder of the licence must not possess or carry a firearm that is of a class that the holder is not authorised under the licence to possess or carry; and (b) that the holder of the licence, for each class of firearm held under the licence, is, for the period of the licence, a member of an approved firearms collectors club that deals with that class of firearms.
S. 33C inserted by No. 50/2007 s. 13. 33C Refusal of licence The Chief Commissioner must not make a decision not to issue a licence under this Part unless the Chief Commissioner has— (a) considered any written submissions made by the applicant within the time specified in the notice under section 33A(1) for making such a submission; and (b) if a hearing is convened under section 33B, considered any oral submission made by the applicant at the hearing, if the applicant has indicated to the Chief Commissioner within any time specified in the notice under section 33B(1)(b) that he or she wishes to be heard at such a hearing. S. 34 amended by No. 28/2003 s. 20(1). 34 Review of decision not to issue a licence s. 33C (1) Subject to subsection (2), a non-prohibited person who has applied for a licence under this Part may apply to the Committee for a review of a decision of the Chief Commissioner— (a) not to issue a licence; or (b) to impose a condition on a licence. S. 34(2) inserted by No. 28/2003 s. 20(2). (2) Subsection (1) does not apply to a decision of the Chief Commissioner not to issue a licence on the ground set out in section 17(c)(ia). 35 Particulars of licences (1) A licence under this Part must contain the following particulars— (a) the name and address of the holder of the licence; and (b) the category of the licence; and (c) any particulars required by this Act to be specified in the licence; and
(3) A person who is disposing of a category A or B longarm in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a licensed firearms dealer. 60 penalty units or 12 months imprisonment. S. 45(4) amended by No. 28/2003 s. 22(1). (4) A person who is disposing of a category C or D longarm or a general category handgun in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a licensed firearms dealer. 120 penalty units or 2 years imprisonment. S. 45(5) amended by No. 28/2003 s. 22(2). (5) A person who is disposing of a category E longarm or a category E handgun in the circumstances to which subsection (1) or (2) applies must dispose of that firearm in the manner specified in the licence. 240 penalty units or 4 years imprisonment. Division 9—Suspension and cancellation of licences under this Part s. 46 46 Immediate cancellation of a licence S. 46(1) amended by Nos 50/2007 s. 15, 68/2008 s. 71. (1) Immediately on becoming aware that— (a) the holder of the licence under this Part; or (b) in the case of a licence which is held by a body corporate, any officer of the body corporate— is a prohibited person (other than for the reason referred to in paragraph (c)(i) or (c)(ib) of the definition of prohibited person) the Chief Commissioner must cancel the licence.
(e) the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or (f) the holder of the licence or any responsible person in relation to the licence is no longer a fit and proper person; or S. 49(1)(fa) inserted by No. 28/2003 s. 23(1)(c). s. 49 (fa) in particular, in relation to the holder of a handgun licence, that there is information as to criminal activities on the part of the holder that is known to the Chief Commissioner that causes the Chief Commissioner to be satisfied that the person is not a fit and proper person; or (g) the holder of the licence cannot carry on, or be employed in the business without being a danger to public safety or peace; or (h) the holder of the licence or a responsible person in relation to the licence has contravened a provision of this Act or the regulations; or S. 49(1)(ha) inserted by No. 28/2003 s. 23(1)(d). (ha) the holder has, through his or her negligence or fraud, caused a firearm to be lost or stolen; or (i) the holder is no longer entitled to hold the licence for any other prescribed reason. S. 49(2) inserted by No. 28/2003 s. 23(2), amended by No. 107/2003 s. 5(b). (2) If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(3) and (4) applies, the Chief Commissioner must cancel that licence if the holder has failed to comply with that condition.
(a) is carrying out his or her duties as a health professional, health service security guard or ambulance worker, as the case may be; and (b) either— (i) is given the firearm by a patient; or (ii) removes the firearm from a patient; or (iii) finds the firearm in the vicinity of the patient; or (iv) is given the firearm by a health professional or ambulance worker who has taken possession of the firearm in the circumstances set out in this subsection. (4) A health professional, health security guard or ambulance worker who takes possession of a firearm in the circumstances set out in subsection (3) must notify a member of the police force as soon as practicable after having taken possession of the firearm. s. 54AA (5) The possession or carriage of a firearm by a health security guard in a health services facility in the circumstances set out in subsection (3) does not affect the operation of any licence held by the health security guard under this Part as a requirement of his or her work or contravene any conditions to which the licence is subject. (6) In this section— ambulance worker means an operational staff member of the ambulance services as defined in the Ambulance Services Act 1986;
of the category of firearm for which the application for the permit is made; and S. 104(1)(d)(ii) amended by No. 28/2003 s. 46(1)(a). (ii) in the case of an application for a permit to acquire a category B longarm or a general category handgun, the applicant has demonstrated a genuine need to possess, carry or use a category B longarm or a general category handgun; and S. 104(1) (d)(iia) inserted by No. 28/2003 s. 46(1)(b). (iia) in the case of an application for a permit to acquire a category E handgun, the applicant has demonstrated a compelling reason to possess, carry or use a category E handgun; and (iii) in the case of an application for a permit to acquire a category C or D firearm— (A) if the application is for a rifle, the applicant does not possess another rifle; and S. 104(1) (d)(iii)(B) amended by Nos 22/1998 s. 24(b), 28/2003 s. 46(1)(c). s. 104 (B) if the application is for a shotgun or a pump action shotgun and the applicant holds the relevant licence for a reason set out in section 11(1)(a)(i), (ii) or (iv), the applicant does not possess another semi-automatic shotgun or pump action shotgun; or S. 104(1)(e) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(a)(i). (e) in the case of an application for a permit to acquire a handgun by a person who has held a handgun target shooting licence for a period of 6 months or less, for any general category handgun other than—
(i) a 177 inch calibre air handgun, if the applicant has not already acquired such a handgun; or (ii) a 22 inch calibre handgun or a centre fire handgun, if the applicant has not already acquired a handgun of either such class; or S. 104(1)(e)(iii) inserted by No. 78/2005 s. 44(a)(ii). (iii) a black powder handgun that is muzzle loading, if the applicant has not already acquired such a handgun; or S. 104(1)(f) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(b). (f) in the case of an application for a permit to acquire a handgun by a person who holds a handgun target shooting licence— (i) unless a nominated officer of an approved handgun target shooting club, of which the applicant is and has been a member for the period of 6 months immediately preceding the application, has endorsed the application; or s. 104 (ii) if the applicant has not been a member of an approved handgun target shooting club for the period of 6 months immediately preceding the application, unless— (A) a nominated officer of an approved handgun target shooting club of which the applicant is a member has endorsed the application; and (B) a nominated officer of an approved handgun target shooting club, of which the applicant has been a member, in the preceding 12 months, for a consecutive period of at least 6 months, has endorsed the application; or
S. 112(3) amended by No. 26/1997 s. 25. (3) If the permit of a person who has surrendered a firearm or from whom a firearm has been seized, is cancelled, that person must dispose of the firearm to a licensed firearms dealer within 28 days of the cancellation of the permit. s. 112 60 penalty units or 12 months imprisonment. _______________ 113 Keeping of register s. 113 (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. S. 113(3) amended by No. 50/2007 s. 29(1). (3) The following particulars must be included in the firearms register (to the extent that the particulars are known to the Chief Commissioner) against the firearm to which they apply— S. 113(3)(a) amended by No. 52/2010 s. 21. (a) the make, type, calibre, action, serial number and, where known or available, model of the firearm; and (b) the name of the person who possesses the firearm; and (c) particulars of the licence under which the firearm is possessed ; and S. 113(3)(ca) inserted by No. 50/2007 s. 29(2). (ca) the address at which the firearm is ordinarily stored; and (d) any other prescribed information. (4) The Chief Commissioner may enter any other information relating to the firearm on the register. 114 Exemption from Freedom of Information Act
after becoming aware of that loss, theft or destruction. 30 penalty units. S. 140A (Heading) inserted by No. 28/2003 s. 62(1). S. 140A inserted by No. 22/1998 s. 34, amended by No. 28/2003 s. 62(2)(3) (ILA s. 39B(1)). 140A Making false or misleading statements or using false or misleading information (1) A person must not knowingly make a statement in an application under this Act which is false or misleading in any material particular. 240 penalty units or 4 years imprisonment. S. 140A(2) inserted by No. 28/2003 s. 62(3). (2) A person must not, when required to identify himself or herself for the purposes of this Act, make a false or misleading statement or use false or misleading information. 240 penalty units or 4 years imprisonment. S. 140A(3) inserted by No. 50/2007 s. 40. (3) A person must not knowingly or recklessly make a statement in support of the application of another person under this Act which is false or misleading in any material particular. 240 penalty units or 4 years imprisonment. S. 141 amended by No. 22/1998 s. 35. 141 Statements of the Chief Commissioner as evidence s. 140A In any proceedings under this Act, a statement in writing purporting to be signed by the Chief Commissioner or a person employed in the office of the Chief Commissioner in the administration of this Act to the effect that— (a) a specified person was or was not the holder of a licence or permit under this Act; or
If, on receiving an application for a duplicate licence, permit or authority, the Chief Commissioner is satisfied that the original licence, permit or authority has been lost or destroyed, the Chief Commissioner may issue a duplicate of that licence, permit or authority to the holder. 178 Application for duplicate licence S. 178(1) amended by No. 78/2005 s. 55. (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 an application in the nature of the application made. 179 Power of Chief Commissioner to make approvals S. 179(1) amended by Nos 26/1997 s. 30, 78/2005 s. 56. (1) The Chief Commissioner may approve firearms shooting ranges, firearms safety courses, paintball safety courses, firearms safety instructors, organisations of collectors, locations of paintball activities, events and bodies to whom information may be disclosed for the purposes of this Act. S. 179(2) substituted by No. 22/1998 s. 36. (2) A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (1) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time. S. 179(3) inserted by No. 22/1998 s. 36. (3) The Chief Commissioner may— (a) impose conditions on any approval under subsection (1); and (b) may, after notifying the holder of the approval, alter any such condition.
immediately before the coming into operation of section 193, continues to exist as if that Act had not been repealed for a period of 12 months after the coming into operation of section 193. (3) Any right existing under a declaration made under section 3(1A) of the old Act and in force immediately before the coming into operation of section 193, continues to exist as if that Act had not been repealed for a period of 12 months after the coming into operation of section 193. 200 Prison officers s. 200 Any person who is a prison officer within the meaning of the Corrections Act 1986 and who, within a period of 12 months after the coming into operation of section 193, has in his possession or carries or uses a firearm issued to him for the performance of a detailed duty and during the performance of the duty does not commit an offence against section 6 or 7 for so doing and is not required to hold a licence under this Part. S. 200A inserted by No. 28/2003 s. 72. 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 person who was, immediately before that commencement the holder of a dealers licence, until that person is required under this Act to renew that licence. S. 200B inserted by No. 28/2003 s. 72. 200B Transitional provision—Firearms (Trafficking and Handgun Control) Act 2003—handgun licences On and from the commencement of section 9 of the Firearms (Trafficking and Handgun Control) Act 2003, a licence issued under
demands made under section 153A(2) before that commencement. S. 210 inserted by No. 78/2005 s. 66. 210 Transitional provision—handgun security guard licence s. 209 (1) A handgun security guard licence in force immediately before the commencement of this section, is to be taken (on and from that commencement) not to authorise the possession, carriage or use of— (a) a semi-automatic handgun with a calibre of more than ·40 inch; or (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or S. 210(1)(c) amended by No. 50/2007 s. 52(1). (c) restricted ammunition for any handgun possessed, carried or used under the licence that is not restricted ammunition to which paragraph (a) of the definition of restricted ammunition applies, which is possessed, carried or used in the course of training as a security guard— unless the holder of the licence has obtained an authority under this section. (2) A handgun security guard licence issued on or after the commencement of this section and before 1 July 2008 does not authorise the possession, carriage or use of— s. 210 (a) a semi-automatic handgun with a calibre of more than ·40 inch; or (b) a revolver or single shot handgun with a calibre of more than ·38 inch; or S. 210(2)(c) amended by No. 50/2007 s. 52(1). (c) restricted ammunition for any handgun possessed, carried or used under the licence that is not restricted ammunition to which paragraph (a) of the definition of restricted ammunition applies, which is possessed,
Sch. 2 item 3 (Heading) inserted by No. 28/2003 s. 73(1)(a). 3 Handgun licences for general category handguns Sch. 2 item 3(1) amended by No. 28/2003 s. 73(1)(b). (1) If the holder of a licence is authorised to carry or use the firearm for the purposes of the occupation of security guard or prison guard, the holder is also authorised to carry or use a general category handgun, the carriage or use of which is authorised under the licence to practise at an approved shooting range. Sch. 2 (2) If the holder is an approved club, the firearms held under the licence— Sch. 2 item 3(2)(a) amended by Nos 22/1998 s. 40(f), 28/2003 s. 73(1)(c). (a) must not be carried by any person other than the nominated person or an officer of the club who is the holder of a handgun licence for general category handguns; and (b) must not be used by any person other than a member of an approved club and at an approved shooting range. Sch. 2 item 3(3) inserted by No. 78/2005 s. 61(2). (3) Item 3(2)(b) does not apply to a person to whom item 4 or 5A of Schedule 3 applies, if the person is carrying or using a general category handgun owned by an approved handgun target shooting club that is located at the approved shooting range at which the instruction is taking place. Sch. 2 item 3A inserted by No. 50/2007 s. 55(2). 3A Handgun licences for general category of private security businesses If the holder of a licence is authorised to carry or use one or more firearms for the purposes of operating a private security business, that holder must ensure that each firearm is registered to the holder's name. 4 Junior licences
Sch. 3 amended by Nos 84/1997 s. 47, 22/1998 s. 41, 28/2003 s. 74, 78/2005 s. 62, 34/2008 s. 143(Sch. 2 item 7.2), 55/2009 s. 21, 12/2012 s. 12. SCHEDULE 3 Sch. 3 2 Item No. Column 1 Persons Column 2 Circumstances 1 A person serving as a member of the naval, military or air forces of the Commonwealth of Australia. When possessing, carrying or using a firearm while on duty or when carrying a firearm while going to or from duty. 2 Any member of the police force, recruit, officer or employee in the office of the Chief Commissioner of Police or protective services officer. When possessing, carrying or using a firearm for their official duties when authorised to do so by the Chief Commissioner. 3 Any member of the police force of the Commonwealth or any other State or a Territory of the Commonwealth. When possessing, carrying or using a firearm issued to him or her for the performance of a detailed duty. 3A Any person acting under a contract with the Chief Commissioner. When possessing or carrying a firearm for his or her official duties when so authorised by the Chief Commissioner. 3B Any holder of a general category handgun licence. When carrying a general category handgun for the purposes of conducting a firearms safety training course. 4 A person who is of or over the age of 18 years, and who is receiving instruction in the use of a general category handgun— When carrying or using a general category handgun at an approved shooting range.
Item No. Column 1 Persons Column 2 Circumstances 6A A non-prohibited person who is of or over the age of 18 years. When using or carrying a paintball marker for the purpose of and when engaging in activities that require the use of paintball markers at a location approved by the Chief Commissioner. 7 Any commercial carrier or warehouseman. When possessing for the purposes of storage or carrying a firearm in the ordinary course of his or her business as a carrier or warehouseman. 8 Any member of a cadet corps established or recognised by or under any Commonwealth Act relating to defence. When carrying a category A or B longarm or using such a longarm under immediate supervision at an approved range. 9 Any person on any ship or aircraft which normally operates outside . When the firearm is part of the usual equipment of the ship or aircraft and remains on board the ship or aircraft. 10 Any actor or person performing in a work for stage, television or film or in an historical reenactment. When carrying or using a firearm which is incapable of firing cartridge ammunition or which has been rendered permanently inoperable, or when carrying or using an operable firearm under the supervision of a licensed firearms dealer or his or her employee. 11 Any person. When carrying or using a handgun, which is and has always been constructed for the purpose of starting sporting events, for the purpose of starting a sporting event. Sch. 3
Item No. Column 1 Persons Column 2 Circumstances 12 Any person who is the holder of an inter-State permit to acquire a category A, B or C longarm or a general category handgun, who has acquired a firearm in accordance with this Act and who is the holder of a licence issued in the State or Territory in which the permit was issued which authorises the possession and carriage of the firearm. When possessing or carrying the firearm for the purposes of returning to the State or Territory in which the permit was issued, when carrying the licence and when acting in accordance with the licence. 13 Any person who is the holder of an inter-State licence to possess, carry or use a firearm, and who is the holder of an inter-State permit to acquire a firearm of the category the possession, carriage or use of which is authorised by the licence, being a permit in respect of which not more than 28 days have expired since its issue. When possessing or carrying a firearm the possession or carriage of which is authorised by the licence for the purposes of disposing of the firearm. 14 A member of staff of the Office of Police Integrity. When possessing, carrying or using a firearm in the course of his or her official duties when authorised to do so by the Director, Police Integrity under Division 9 of Part 4 of the Police Integrity Act 2008. 15 Director, Police Integrity. When possessing or carrying firearms in the course of his or her official duties under Division 9 of Part 4 of the Police Integrity Act 2008. Sch. 3