carry in relation to a firearm, includes the carriage of that firearm either as a whole or in parts and either by one person or more than one person; S. 3(1) def. of cartridge ammunition inserted by No. 22/1998 s. 4(g). cartridge ammunition means ammunition having a bullet or other projectile and a priming device fixed to or enclosed in a cartridge case which is composed wholly or partly of material other than paper; S. 3(1) def. of cash-in-transit activity inserted by No. 50/2007 s. 3(1)(a). cash-in-transit activity means the activity, performed by a person acting as a security guard, of collecting, transferring or delivering cash or other valuables; S. 3(1) def. of category 1 firearms collectors licence inserted by No. 28/2003 s. 3(1)(c). category 1 firearms collectors licence means a licence issued under section 21; S. 3(1) def. of category 2 firearms collectors licence inserted by No. 28/2003 s. 3(1)(c). category 2 firearms collectors licence means a licence issued under section 21A; category A longarm means any of the following— (a) an airgun; (b) a rimfire rifle (other than a rimfire rifle); (c) a shotgun (other than a pump action or semi-automatic shotgun); (d) any combination of a shotgun and rimfire rifle; automatic
S. 3(1) def. of firearms collectors licence amended by Nos 28/2003 s. 3(1)(h), 78/2005 s. 3(1)(d). 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 of fixed ammunition repealed by No. 22/1998 s. 4(e).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 (b) is reasonably capable of being raised and fired by one hand; or (c) does not exceed 65 centimetres in length measured parallel to the barrel; S. 3(1) def. of handgun licence amended by No. 28/2003 s. 3(1)(g). handgun licence means a licence issued under section 15 or section 16A;
S. 3(1) def. of prescribed State inserted by No. 84/1997 s. 42(a). prescribed State means a State which has been prescribed for the purposes of the definition of inter-State permit to acquire; S. 3(1) def. of prescribed Territory inserted by No. 84/1997 s. 42(a). prescribed Territory means a Territory which has been prescribed for the purposes of the definition of inter-State permit to acquire; S. 3(1) def. of private security business inserted by No. 50/2007 s. 3(1)(a). private security business means a business that is carried on by the holder of a private security business licence under Part 3 of the Private Security Act 2004; S. 3(1) def. of prohibited person amended by Nos 84/1997 s. 42(b), 22/1998 s. 4(f), 30/1999 s. 30, 28/2003 s. 3(1)(i), 50/2007 s. 3(1)(g), 52/2008 s. 245, 68/2008 s. 70, 53/2010 s. 221(Sch. item 5.1), 65/2011 s. 107(Sch. items 6.1, 6.2) (as amended by No. 43/2012 s. 3(Sch. item 47.4)), 55/2014 s. 87(1), 55/2014 s. 147, 53/2016 s. 96(b). 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 Controlled Substances 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 have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or (v) not more than 5 years have expired since the person finished serving a term of imprisonment of
S. 3(1) def. of public place inserted by No. 25/2009 s. 8(b). public place has the same meaning as it has in section 3 of the Summary Offences Act 1966; pump action shotgun means a shotgun which is, or has been at any time, constructed with an action which includes a moveable forearm or fore-end which is manually activated by a motion parallel to the barrel by the person using the gun; S. 3(1) def. of recognised DVO inserted by No. 53/2016 s. 96(a). recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; S. 3(1) def. of registered inserted by No. 28/2003 s. 3(1)(c). registered means registered under Part 5; S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 20(a)), 13/2010 s. 51(Sch. item 23.1(a)). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of registered nurse substituted by No. 97/2005 s. 182(Sch. 4 item 20(b)), repealed by No. 13/2010 s. 51(Sch. item 23.2). * * * * *
or more before the commission of the particular offence, is to be disregarded. S. 3(4) inserted by No. 28/2003 s. 3(2). (4) This Act does not apply to a firearm that was manufactured before 1900, if— (a) in the case of any such firearm that is a longarm— (i) it does not take cartridge ammunition; or (ii) if it does take cartridge ammunition, the cartridge ammunition that it takes is not commercially available; or S. 3(4)(b) amended by No. 78/2005 s. 3(2), substituted by No. 50/2007 s. 3(3). (b) the firearm— (i) is not a handgun of a type that uses percussion, or methods developed during or after the development of percussion, as a means of ignition; or (ii) is a single shot antique handgun. S. 3A (Heading) amended by No. 21/2008 s. 8. S. 3A inserted by No. 50/2007 s. 4. 3A Temporary declarations by the Chief Commissioner for the purposes of certain definitions (1) The Chief Commissioner may, for the purposes of— (a) paragraph (f) of the definition of category D longarm; or (b) paragraph (c) of the definition of category E handgun; or (c) paragraph (f) of the definition of category E longarm— in consultation with the Minister, by instrument, declare a firearm or type of firearm to be a category D longarm, a category E handgun or a category E longarm (as the case may be).
240 penalty units or 4 years imprisonment. S. 6(5) amended by No. 28/2003 s. 5(5). (5) A non-prohibited person must not possess, carry or use a category E longarm that is registered unless that person does so under and in accordance with a licence issued under this Part. 600 penalty units or 7 years imprisonment. S. 6(5A) inserted by No. 78/2005 s. 4. (5A) A non-prohibited person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence issued under this Part. 120 penalty units or 2 years imprisonment. S. 6(6) substituted by No. 28/2003 s. 5(6). (6) A non-prohibited person must not possess, carry or use a longarm that is not a category A, B, C, D or E longarm. 240 penalty units or 4 years imprisonment. S. 6A inserted by No. 28/2003 s. 6. 6A Offence to possess, carry or use an unregistered longarm S. 6A(1) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(a)). (1) A non-prohibited person must not possess, carry or use a category A or category B longarm that is not registered. For a first offence, 120 penalty units or 2 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment.
(5) In granting an authorisation under subsection (4) the Chief Commissioner may have regard to— S. 7A(5)(a) amended by No. 78/2005 s. 6(6)(a). (a) whether or not the handgun is required for participation in approved handgun target shooting matches; and (b) the experience of the applicant in the use of handguns for target shooting; and S. 7A(5)(c) amended by No. 78/2005 s. 6(6)(b). (c) whether or not a club to which the applicant belongs or at which the applicant intends to use the handgun is adapted to enable ammunition that may be used in a firearm of the calibre applied for to be used appropriately and safely; and (d) whether or not the handgun is appropriate for possession, carriage or use for target shooting; and (e) the general size, appearance and other characteristics of the handgun; and (f) any other relevant matter. S. 7A(6) substituted by No. 78/2005 s. 6(7). (6) This section does not apply to a black powder handgun. S. 7A(7) inserted by No. 78/2005 s. 6(7). (7) This section does not apply to a person who is the holder of a handgun target shooting licence— (a) who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, on an approved shooting range for the purpose of determining whether or not to purchase the handgun or apply for an authorisation under this section for the handgun; or (b) who possesses, carries or uses a general category handgun, that is of a class to which subsection (1)(a), (b) or (c) applies, in an
For a second or subsequent offence, 2100 penalty units or 17 years imprisonment. S. 7C inserted by No. 28/2003 s. 8. 7C Possession of a traffickable quantity of unregistered firearms S. 7C(1) amended by No. 44/2015 s. 3. (1) A person must not possess more than 3 firearms that are not registered. 1200 penalty units or 10 years imprisonment. S. 7C(2) amended by No. 44/2015 s. 3. (2) Subsection (1) does not apply if, in respect of any one of the 3 firearms, the person has given a notice to the Chief Commissioner under section 115. S. 7C(3) amended by No. 12/2012 s. 9. (3) A person who is convicted or found guilty of an offence against subsection (1) is not liable to be convicted or found guilty of an offence against section 5(1), section 6A(1), (2) or (3) or section 7B(1) or (2) in respect of possession of the same firearms at the same time. S. 8 amended by No. 22/1998 s. 43(Sch. item 1). 8 Offence to acquire, dispose of possess or carry cartridge ammunition for collections A person must not acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition unless that person does so under and in accordance with a licence issued under this Part. 60 penalty units or 12 months imprisonment. S. 8A inserted by No. 52/2010 s. 4. 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 been erased, defaced or altered; or (c) the serial number of a firearm is illegible— is admissible to establish that the firearm is not registered and, in the absence of evidence to the contrary, is proof of that fact. Division 2—Longarm licences 9 Issue of longarm licences (1) The Chief Commissioner may licence a person to possess, carry or use registered category A longarms for the reason specified in the licence. (2) The Chief Commissioner may licence a person to possess, carry or use registered category B longarms for the reason specified in the licence. S. 9(3) substituted by No. 26/1997 s. 18. (3) The Chief Commissioner may licence a person to possess, carry or use— (a) for the reason of clay target shooting— (i) more than one registered category C longarm, being shotguns, if the Chief Commissioner is satisfied that the person has a genuine need to possess, carry or use more than one such longarm; or (ii) in any other case, not more than one registered category C longarm, being a shotgun; or (b) for any other reason set out in section 11(1)(a)—
(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. 10(2)(b)(v) inserted by No. 22/1998 s. 5(2)(b). (v) produce written permission to hunt pest animals on Crown land, from the Secretary to the Department of Natural Resources and Environment or from any person nominated by the Secretary to give that permission; (c) primary production, the applicant must produce evidence that he or she is regularly engaged in the business of primary production as an owner, lessee or manager of land used for the primary production or is a person employed for the purposes of such a business; (d) the occupation of security or prison guard, the applicant must— S. 10(2)(d)(i) amended by Nos 33/2004 s. 207, 50/2007 s. 5(a). (i) hold a licence under the Private Security Act 2004 that authorises him or her to perform armed guard activities or cash-in-transit activities or be a prison officer, a contractor or a within the meaning of the Corrections Act 1986 or an employee
(b) unless the Chief Commissioner is satisfied that— S. 20(1)(b)(i) amended by Nos 26/1997 s. 21, 28/2003 s. 15. (i) the applicant is a fit and proper person to be permitted to carry a category A, B or C longarm or a general category handgun; and (ii) the applicant can possess, carry or use a firearm without being a danger to public safety or peace; and (iii) the applicant has satisfactorily completed a course in firearms safety approved by the Chief Commissioner and has a good knowledge of firearms law; and S. 20(1)(b)(iv) amended by No. 22/1998 s. 12. (iv) the issue of the licence is not against the public interest; or (c) unless the application is made with the written consent of the parent or guardian of the applicant; or (d) for any prescribed reason. S. 20(2) inserted by No. 55/2014 s. 89. (2) An applicant is presumed not to be a fit and proper person for the purposes of subsection (1)(b)(i) if he or she is a declared organisation member. S. 20(3) inserted by No. 55/2014 s. 89. (3) A presumption under subsection (2) may be rebutted. Division 6—Firearms collectors and heirlooms licences S. 21 (Heading) inserted by No. 28/2003 s. 16(1). 21 Issue of category 1 firearms collectors licences
subsection (1)(b)(i) if he or she is a declared organisation member. S. 27(3) inserted by No. 55/2014 s. 91. (3) A presumption under subsection (2) may be rebutted. Division 7—Firearms ammunition collectors licences 28 Issue of firearms ammunition collectors licences S. 28(1) amended by No. 22/1998 s. 43(Sch. item 2). (1) The Chief Commissioner may licence a person to acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition. (2) The Chief Commissioner must not issue a licence under subsection (1) unless the person is a member of an organisation of firearms collectors or an organisation of ammunition collectors approved by the Chief Commissioner. S. 29 amended by No. 55/2014 s. 92 (ILA s. 39B(1)). 29 General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence (1) The Chief Commissioner must not issue a firearms ammunition collectors licence— (a) if the applicant or any responsible person in relation to an application is a prohibited person; or S. 29(1)(ab) inserted by No. 52/2010 s. 10. (ab) if the applicant is not ordinarily resident in Victoria; or (b) if the applicant or any responsible person in relation to an application is under the age of 18 years; or (c) unless the Chief Commissioner is satisfied that—
or vary the conditions on the licence or impose further conditions on the licence. (2) The Chief Commissioner must not renew the licence— (a) if the applicant can no longer demonstrate that he or she has the reason for which the licence was previously issued; or (b) if the applicant or any responsible person in relation to the application is a prohibited person; or S. 42(2)(ba) inserted by No. 52/2010 s. 12. (ba) if the applicant is not ordinarily resident in Victoria unless— (i) the Chief Commissioner is satisfied that the applicant requires the licence for work purposes in ; and (ii) the applicant is not a person to whom section 185(2A) or (2B) applies; or (c) unless the Chief Commissioner is satisfied that— (i) the applicant and all responsible persons in relation to the application are fit and proper persons; and (ii) the applicant can comply with the storage requirements set out by or under the Act; and S. 42(2)(c)(iii) amended by No. 22/1998 s. 16. (iii) the renewal of the licence is not against the public interest; or (d) for any prescribed reason. S. 42(3) inserted by No. 55/2014 s. 94. (3) An applicant, or a responsible person in relation to an application, is presumed not to be a fit and proper person for the purposes of
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 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. (2) The Chief Commissioner must notify the holder of the licence of the cancellation of the licence, either personally or by post.
S. 49(5) inserted by No. 50/2007 s. 17. (5) In the case of a person whose licence has been suspended and who makes an application under section 189, the Chief Commissioner must cancel the licence unless— S. 49(5)(a) amended by Nos 52/2008 s. 246(2), 68/2008 s. 73(2). (a) the court makes a declaration referred to in subsection (1)(a) or (1AA)(a); or S. 49(5)(b) amended by Nos 52/2008 s. 246(3), 68/2008 s. 73(3). (b) the court makes a declaration referred to in subsection (1)(b) or (1AA)(b) deeming the holder of the licence to be a prohibited person for limited purposes and the purpose for which the person is deemed not to be a prohibited person is the purpose for which the licence is issued. S. 49A inserted by No. 52/2010 s. 16. 49A Restrictions on application for licence following cancellation (1) This section applies if the Chief Commissioner cancels 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 held the licence is not entitled to apply for such a licence. (3) If the Chief Commissioner does not specify a period, the person who held the licence is not entitled 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 the same category of licence, the application is taken to be an application for a new licence and not for the renewal of the licence that was cancelled. S. 49B inserted by No. 52/2010 s. 16. 49B Review of decision as to period of disqualification A person whose licence has been cancelled under section 49 may apply to the Committee for a
review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence. S. 50 amended by No. 28/2003 s. 24. 50 Review of decision to cancel a licence The holder of a licence under this Part whose licence has been cancelled by the Chief Commissioner under section 49(1), on any ground set out in that subsection other than the ground set out in paragraph (fa) may, if the holder is a person, apply to the Committee for a review of that decision. 51 Notice of Chief Commissioner's decision S. 51(1) amended by No. 28/2003 s. 25(1). (1) The Chief Commissioner must notify the holder of the licence as to whether or not he or she has decided to cancel the licence under section 49(1), other than paragraph (fa), and must set out the reasons for that decision in the notice. S. 51(1A) inserted by No. 28/2003 s. 25(2). (1A) If the Chief Commissioner has cancelled a general category handgun licence under section 49(1)(fa), (2) or (3), the Chief Commissioner must so notify the holder. S. 51(2) amended by No. 28/2003 s. 25(3). (2) A notice under subsection (1) or (1A) may be served on the licence holder either personally or by post. 52 Coming into effect of cancellation Cancellation of a licence under this Part by the Chief Commissioner has effect from the time at which notice of the cancellation is served on the licence holder. S. 52AA inserted by No. 50/2007 s. 18. 52AA Chief Commissioner to notify approved handgun target shooting club or employer of certain events (1) If the Chief Commissioner cancels, suspends or suspends and subsequently decides not to cancel a licence under any of the following sections, the prohibited
(c) if the surrender or seizure is as a consequence of any other cancellation of a licence, within 28 days of the cancellation. 60 penalty units or 12 months imprisonment. S. 53(5) inserted by No. 26/1997 s. 23. (5) If a person— (a) has made an application for a declaration under section 189 before the commencement of this section but that application has not been determined before that commencement; or (b) makes an application for a declaration under section 189 within 56 days of the commencement of this section— for the purposes of subsection (4)(a)(ii), that person is deemed to have made that application within 56 days of the making of the order. S. 53(6) inserted by No. 22/1998 s. 17(2). (6) If a person makes an application for a declaration under section 189(1A) within 56 days of the commencement of section 39 of the Firearms (Amendment) Act 1998, for the purposes of subsection (4)(b)(iii), that person is deemed to have made that application within 56 days of the making of the decision. S. 53A inserted by No. 28/2003 s. 27. 53A Surrender of handguns for failure to comply with participation condition (1) If the holder of a general category handgun licence has been served with a notice from the Chief Commissioner under section 52A, the holder must— (a) if served personally with the notice, immediately surrender any handgun and ammunition referred to in the notice to the person serving the notice; or
If a dealers licence is suspended or cancelled, the holder must— S. 83(a) amended by No. 22/1998 s. 43(Sch. item 6). (a) if served personally with notice of the suspension or cancellation, immediately surrender any firearms or cartridge ammunition held under the licence and the licence document to the person serving the notice; and S. 83(b) amended by No. 22/1998 s. 43(Sch. item 6). (b) if served by post with notice of the suspension or cancellation, within 7 days of service of the notice, surrender any firearms or cartridge ammunition held under the licence and the licence document to a police station. 240 penalty units or 4 years imprisonment. 84 Application to carry on business (1) A dealers licence may be transferred in any of the following circumstances— (a) if the dealer has died; or (b) if the dealer has become bankrupt or has assigned his business for the benefit of his creditors; or S. 84(1)(c) amended by No. 26/2014 s. 455(Sch. item 10.1). (c) if the dealer has become a patient within the meaning of the Mental Health Act 2014. S. 84(2) amended by No. 72/2001 s. 3 (Sch. item 8.3(a)). (2) In the circumstances in which subsection (1)(a) applies, the executors or administrators of the dealer's estate, or, if probate or letters of administration have not been granted, the surviving spouse or domestic partner (as the case may be) or any member of the dealer's family may apply to the Chief Commissioner for a transfer of the licence.
S. 101A(1) amended by No. 44/2015 s. 6(1). (1) A person, who is not the holder of a dealers licence, must not acquire or dispose of more than 3 unregistered firearms within a period of 12 months. 1200 penalty units or 10 years imprisonment. S. 101A(2) amended by No. 44/2015 s. 6(2). (2) Subsection (1) does not apply if, in respect of any one of the 3 firearms, the person has given a notice to the Chief Commissioner under section 115. (3) A person who is convicted or found guilty of an offence against subsection (1) is not liable to be convicted or found guilty of an offence against section 95(1), (2), (2A), (3) or (4), section 96(1), (2), (2A), (3) or (4) or section 102(1), (2), (2A), (3) or (3A) in respect of possession of the same firearms at the same time. S. 101B inserted by No. 28/2003 s. 44. 101B Prohibition on providing financial accommodation for the illegal acquisition or disposal of firearms (1) A person must not lend money, guarantee the lending of money or otherwise provide financial accommodation for the purpose of acquiring or disposing of a category A or B longarm— (a) knowing that the acquisition or disposal does not comply with this Act; or (b) being reckless as to whether or not the acquisition or disposal complies with this Act. 120 penalty units or 2 years imprisonment. (2) A person must not lend money, guarantee the lending of money or otherwise provide financial accommodation for the purpose of acquiring or
S. 102(5) inserted by No. 84/1997 s. 45. (5) Subsection (1) does not apply to a person— (a) who is the holder of an inter-State permit to acquire a category A or B longarm which has been issued not more than 28 days before the acquisition of the longarm; and (b) who is acquiring a category A or B longarm in accordance with the permit; and (c) who, in order to acquire the longarm, personally attends at the premises where the dealer— (i) from whom the longarm is being acquired; or (ii) who is acting as agent in the transaction— (as the case requires) carries on business. S. 102(6) inserted by No. 84/1997 s. 45. (6) Subsection (2) does not apply to a person— S. 102(6)(a) amended by No. 28/2003 s. 45(5). (a) who is the holder of an inter-State permit to acquire a category C longarm which has been issued not more than 28 days before the acquisition of the firearm; and S. 102(6)(b) amended by No. 28/2003 s. 45(5). (b) who is acquiring a category C longarm in accordance with the permit; and (c) who, in order to acquire the firearm, personally attends at the premises where the dealer— (i) from whom the firearm is being acquired; or (ii) who is acting as agent in the transaction—
(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. 104(1)(g) inserted by No. 28/2003 s. 46(2). (g) in the case of an application for a permit to acquire a handgun for the purpose of collecting handguns, unless a nominated officer of an approved firearms collectors club to which the applicant belongs has endorsed the application. S. 104(1A) inserted by No. 55/2014 s. 100. (1A) An applicant or a responsible person in relation to an application is presumed not to be a fit and proper person for the purposes of subsection (1)(b)(i) if he or she is a declared organisation member. S. 104(1B) inserted by No. 55/2014 s. 100. (1B) A presumption under subsection (1A) may be rebutted. S. 104(2) amended by No. 28/2003 s. 46(3). (2) In determining whether or not an applicant has a genuine need to possess, carry or use a category B longarm or a general category handgun, the Chief Commissioner must have regard to—
120 penalty units or 2 years imprisonment. S. 121(3) amended by No. 28/2003 s. 49(3). (3) A person who possesses a firearm under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that firearm, when the firearm is not being carried or used, in the manner provided for by the Chief Commissioner in the licence. 240 penalty units or 4 years imprisonment. S. 121(3A) inserted by No. 22/1998 s. 28(3), amended by No. 28/2003 s. 49(4). (3A) A person who possesses cartridge ammunition under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used in the manner provided for by the Chief Commissioner in the licence. 240 penalty units or 4 years imprisonment. S. 121A inserted by No. 28/2003 s. 50. 121A Permit to store handguns (1) The Chief Commissioner may grant a permit to a person who is the holder of a general category handgun licence or a dealers licence to store, at the premises specified in the permit, the handguns that are— (a) specified in the permit; and S. 121A(1)(b) amended by No. 107/2003 s. 7(1). (b) possessed by another holder of a general category handgun licence who is unable to comply with the condition of the licence 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 for a substantial period of time; or (ii) is temporarily physically incapacitated.
handgun used by that member at each such match and shoot; and S. 123C(1) (c)(iv) amended by Nos 78/2005 s. 47(2)(c), 52/2010 s. 22(1). (iv) each approved handgun target shooting match and each handgun target shoot conducted by any other approved handgun target shooting club that that member competed in and details of each handgun used by that member at each such match and shoot; and S. 123C(1) (c)(v) inserted by No. 52/2010 s. 22(2), amended by No. 12/2012 s. 11. (v) each handgun target shooting match and each handgun target shoot conducted in another State or a Territory or a place outside Australia that that member competed in and details of each handgun used by that member at each such match and shoot. 20 penalty units. (2) A report under subsection (1) must be— (a) in writing; and S. 123C(2)(b) substituted by No. 78/2005 s. 47(3). (b) in the prescribed form. (3) In this section competed has the same meaning as in section 16. S. 123D inserted by No. 28/2003 s. 53. 123D Approved handgun target shooting as to members S. 123D(1) amended by No. 50/2007 s. 33(1). (1) An approved handgun target shooting club must take the prescribed measures to ensure that any holder of a general category handgun licence whose licence has been suspended or cancelled does not take part in any handgun target shooting match or handgun target shoot conducted by the club.
(b) must take reasonable precautions to ensure that the firearm is not lost or stolen. 120 penalty units or 2 years imprisonment. S. 126(3) amended by No. 28/2003 s. 56(2). (3) A person who is carrying or using a category E longarm or a category E handgun must— (a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and (b) must take reasonable precautions to ensure that the firearm is not lost or stolen. 240 penalty units or 4 years imprisonment. S. 126(4) amended by No. 22/1998 s. 43(Sch. item 10). (4) A person who is carrying or using cartridge ammunition must— S. 126(4)(a) amended by No. 22/1998 s. 43(Sch. item 10). (a) ensure that the cartridge ammunition is carried and used in a manner that is secure and is not dangerous; and S. 126(4)(b) amended by No. 22/1998 s. 43(Sch. item 10). (b) must take reasonable precautions to ensure that the cartridge ammunition is not lost or stolen. 60 penalty units or 12 months imprisonment. 127 Use of firearm by person other than the possessor (1) A person who possesses a category A or B longarm must not permit that firearm to be carried or used by any person who is not— (a) so authorised by a licence under Part 2; or
147 Announcement before entry S. 147(1) substituted by No. 25/2009 s. 10(1), amended by No. 37/2014 s. 10(Sch. item 63.10(a)). (1) Before executing a search warrant, the police officer named in the warrant or person assisting must— (a) announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and (b) give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle. S. 147(2) amended by Nos 25/2009 s. 10(2), 37/2014 s. 10(Sch. item 63.10(b)). (2) The police officer or a person assisting the police officer need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises or the vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 148 (Heading) inserted by No. 25/2009 s. 11(1). S. 148 amended by No. 25/2009 s. 11(2) (ILA s. 39B(1)). 148 Copy of warrant to be given to occupier or person in charge of vehicle S. 148(1) amended by No. 37/2014 s. 10(Sch. item 63.11(a)(i)). (1) If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the police officer must—
ammunition, silencer or prescribed item in his or her possession; and S. 149(1)(b) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)). (b) the police officer informs the person of the grounds for his or her suspicion; and S. 149(1)(c) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)). (c) the police officer complies with subsection (3)— the police officer may without warrant— (d) search the person and any vehicle, package or thing in the possession of the person; and S. 149(1)(e) amended by No. 50/2007 s. 41. (e) seize any firearm, cartridge ammunition, silencer or prescribed item found during the course of the search. S. 149(2) amended by No. 50/2007 s. 41. (2) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession. S. 149(3) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(i)(ii)). (3) Before a police officer commences a search of a person under subsection (1), the police officer must— S. 149(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(iii)). (a) inform the person of the police officer's name, rank and place of duty; and
(2) The record must be made immediately after the completion of the search or, if that is not practicable, as soon as practicable after the completion of the search. (3) A person subjected to a search under section 149 is entitled, on request and without charge, to a copy of the record of the search, if the request is made not later than 1 year after the date of the search. S. 149A(4) amended by No. 37/2014 s. 10(Sch. item 63.13(b)). (4) A request under subsection (3) is made to the officer in charge of the place of duty, referred to in section 149(3)(a), of the police officer who conducted the search. 150 Power to require production of licence S. 150(1) amended by No. 37/2014 s. 10(Sch. item 63.14). (1) A police officer— S. 150(1)(a) amended by No. 9/2003 s. 10. (a) who has reasonable grounds for suspecting that a person has committed or is about to commit an offence against this Act or that a person is in possession of a firearm; and (b) who produces his or her identification for inspection by the person— may demand that the person produce his or her licence or permit under this Act. (2) A person to whom a demand is directed under subsection (1) must comply with that demand. 30 penalty units. S. 151 (Heading) inserted by No. 50/2007 s. 42(1). 151 Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items
S. 151(1) amended by Nos 22/1998 s. 43(Sch. item 12), 50/2007 s. 42(2). (1) If a person has by the operation of a finding by a court 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 a firearm— the Supreme Court, or the court who makes the finding or order, may order the forfeiture to the Crown of any firearm, cartridge ammunition, silencer or prescribed item in the possession of or used or carried by the person. S. 151(2) amended by No. 50/2007 s. 42(3). (2) The court must notify the Chief Commissioner of the forfeiture of the firearm, cartridge ammunition, silencer or prescribed item. 152 Disposal of forfeited firearms Any firearm which is forfeited to the Crown under this Act or any other Act must be— (a) destroyed; or (b) disposed of in accordance with one of the following subparagraphs— (i) if the person who is entitled to possess the firearm under this Act is not the person from whom the firearm was seized, by returning it to the person entitled to possess the firearm; or S. 152(b)(ii) substituted by No. 49/2006 s. 22. (ii) by giving the firearm to any person or body approved by the Minister to possess the firearm for a purpose approved by the Minister.
Ss 203–208 repealed by No. 29/2011 s. 3(Sch. 1 item 38.4). * * * * * S. 209 inserted by No. 9/2003 s. 15. 209 Transitional provisions—Control of Weapons and Firearms Acts (Search Powers) Act 2003 (1) Section 149 as in force immediately before the commencement of section 9 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to searches conducted before that commencement. (2) Section 150 as in force immediately before the commencement of section 10 of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to demands made under section 150(1) before that commencement. (3) Section 153A(1) as in force immediately before the commencement of section 11(1) of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to searches conducted before that commencement. (4) Section 153A(2) as in force immediately before the commencement of section 11(2) of the Control of Weapons and Firearms Acts (Search Powers) Act 2003 continues to apply to 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 (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
(a) which is constructed of hard wood or steel that is not easily penetrable; and (b) which, if it weighs less than 150 kilograms when it is empty, must be fixed to the frame of the floor or the wall of the premises where the firearm is kept in such a manner that it is not easily removable; and (c) which, when any firearm is stored in it, is locked with a lock of sturdy construction. Sch. 4 item 1(2) substituted by No. 50/2007 s. 56(1). (2) If more than 15 firearms are stored on the premises where the firearm is stored, the premises must be fitted with an intruder alarm system— (a) the installation, maintenance and operation of which complies with Australian Standard 2201.1:2007 (as amended from time to time); and (b) which, in the event of an intrusion, activates an audible alarm warning device and an external visible alarm warning light. Sch. 4 item 1(3) amended by No. 22/1998 s. 43(Sch. item 17(a)). (3) Any cartridge ammunition for the firearm must be stored in a locked container separate from the receptacle in which the firearm must be stored. Sch. 4 item 1(4) inserted by No. 50/2007 s. 56(2). (4) Subject to section 121, a firearm that is possessed, carried or used by a holder of a handgun security guard licence who is employed as a security guard must be stored by the person who employs the holder of the licence as a security guard at premises belonging to, or occupied by, the employer. Sch. 4 item 2 (Heading) inserted by No. 28/2003 s. 75(1). 2 Longarm licences for category C or category D longarms and handgun licences for general category handguns (1) The firearm must be stored in a steel safe—
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 42) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14 Commencement Date: S. 455(Sch. item 10) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Firearms Act 1996 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 63) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Firearms Act 1996 Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 Assent Date: 26.8.14 Commencement Date: Ss 87–102 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 147 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: S. 147(Sch. 2 item 17) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 : This information relates only to the provision/s amending the Firearms Act 1996 Justice Legislation Amendment Act 2015, No. 20/2015 Assent Date: 16.6.15 Commencement Date: Ss 57, 58 on 1.9.15: Special Gazette (No. 236) 25.8.15 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Firearms Amendment (Trafficking and Other Measures) Act 2015, No. 44/2015 Assent Date: 22.9.15 Commencement Date: Ss 3–8 on 1.12.15: Special Gazette (No. 349) 18.11.15 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996