(vi) establishing a Firearms Appeals Committee to hear applications for review of decisions of the Chief Commissioner under the Act; and (vii) making provision for the education of the community in the safe and responsible use of firearms; and S. 1(a)(viia) inserted by No. 2/2018 s. 4. (viia) providing for strict control on the possession, carriage, use, acquisition, disposal and storage of firearms; and (viii) making other related provisions; and (b) to repeal the Firearms Act 1958; and (c) to make various consequential amendments to other Acts. 2 Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 31 January 1998, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of acquire amended by No. 22/1998 s. 4(a), substituted by No. 28/2003 s. 3(1)(a). acquire, in relation to any thing, includes buying or coming into possession of the thing (whether the thing is in or elsewhere) but does not include borrowing the thing;
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; permit to acquire means a permit issued under section 103; S. 3(1) def. of pest animal inserted by No. 22/1998 s. 4(g). pest animal has the same meaning as in the Catchment and Land Protection Act 1994; S. 3(1) def. of pest animal repealed by No. 30/1999 s. 32(a). * * * * * S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 63.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; possession in relation to a firearm, includes— (a) actual physical possession of the firearm; or (b) custody or control of the firearm; or (c) having and exercising access to the firearm, either solely or in common with others;
S. 3(1) def. of premises inserted by No. 2/2018 s. 5(1). premises means any place, whether built on or not and whether enclosed or not, and includes any building or structure on the place; 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;
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). * * * * *
S. 3(1) def. of single shot antique handgun inserted by No. 78/2005 s. 3(1)(a). single shot antique handgun means an antique handgun that is a black powder handgun that is capable of firing one shot only before requiring reloading; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 8.1). spouse of a person means a person to whom the person is married; S. 3(1) def. of term of imprisonment amended by Nos 48/2006 s. 42(Sch. item 14), 25/2009 s. 8(a), 65/2011 s. 107(Sch. item 6.3). term of imprisonment includes— (a) a term that is wholly or partly; and (b) any term of imprisonment that is served by way of intensive correction in the community within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011; and (c) any period during which a person has been released on parole under the Corrections Act 1986; and (d) any period of detention in a youth justice centre; S. 3(1) def. of vehicle inserted by No. 25/2009 s. 8(b), amended by No. 52/2010 s. 3(1)(d). vehicle includes motor vehicle, aircraft and vessel; S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 63.1(a)). Victoria Police employee has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of work purposes in inserted by No. 52/2010 s. 3(1)(b). work purposes in , in relation to the requirement to hold a firearm licence, means that the applicant or the holder of the licence, as the case may be— (a) is required under a contract of employment or a contract for services to hold a Victorian firearm licence; or (b) in the normal course of conducting a business is required to hold a Victorian firearm licence. S. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 8.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 23.2). (1A) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 3(2) amended by No. 50/2007 s. 3(2), repealed by No. 52/2010 s. 3(2). * * * * * S. 3(3) inserted by No. 28/2003 s. 3(2). (3) For the purposes of this Act, in determining whether a particular offence is a first offence, any other offence in respect of which a conviction was recorded or a finding of guilt was made 10 years
S. 6A(2) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(b)). (2) A non-prohibited person must not possess, carry or use a category C or category D longarm that is not registered. For a first offence, 240 penalty units or 4 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. S. 6A(3) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(c)). (3) A non-prohibited person must not possess, carry or use a category E longarm that is not registered. For a first offence, 600 penalty units or 7 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. S. 6A(4) inserted by No. 78/2005 s. 5. (4) A non-prohibited person must not possess, carry or use a paintball marker 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. S. 7 substituted by No. 28/2003 s. 7. 7 Offence for non-prohibited person to possess, carry or use a handgun without a licence (1) A non-prohibited person must not possess, carry or use a registered general category handgun for purposes other than the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under Division 3 or 5 of this Part.
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 Nos 44/2015 s. 3, 2/2018 s. 7(1). (1) A person must not possess 2 or more firearms that are not registered. 1200 penalty units or 10 years imprisonment. S. 7C(2) amended by Nos 44/2015 s. 3, 2/2018 s. 7(2). (2) Subsection (1) does not apply if, in respect of any one of the 2 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
(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— (a) professional hunting, the applicant must produce evidence that he or she is substantially dependant on hunting as a source of income and enters into formal engagements or contracts to hunt professionally; S. 12(2)(b) substituted by No. 22/1998 s. 7(b). (b) for a purpose specified in subsection (1)(a)(ii), the applicant must produce evidence that the licence is required for that purpose. 13 Reasons for applying for a longarm licence, category E (1) The Chief Commissioner must not issue a longarm licence for category E longarms unless— S. 13(1)(a) amended by No. 22/1998 s. 8(1). (a) the applicant can demonstrate that the licence is required for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; and
(a) the applicant can demonstrate that the licence is required for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; and (b) if the application is in respect of more than one category E handgun, the applicant can demonstrate a compelling reason for more than one such handgun to be possessed, carried or used under the licence. (3) For the purposes of demonstrating that the licence is required for a purpose specified in subsection (2)(a), the applicant must produce evidence that the licence is required for that purpose. S. 16AA inserted by No. 78/2005 s. 13. 16AA Power of Chief Commissioner to modify participation condition (1) The Chief Commissioner may on application by the holder of a handgun target shooting licence, vary the number of approved target shooting matches or handgun target shoots that the holder is required to participate in under this Act, if the Chief Commissioner is satisfied that— (a) the holder of the licence was unable to participate in such matches or shoots for reasons outside the holder's control; or (b) the holder of the licence was unable to complete any such match or shoot that he or she was participating in— (i) for reasons outside the holder's control; and (ii) where the person officiating at the match or shoot reasonably believed that the holder of the licence endeavoured as best he or she could to complete his or her participation.
in the licence for the purpose of receiving instruction in the use of such firearms or engaging in sport or target shooting competitions. S. 18(2) inserted by No. 26/1997 s. 20(2). (2) The Chief Commissioner must not issue a junior licence which authorises the carriage or use of a category C longarm, being a shotgun, unless the applicant can demonstrate that the licence is required for the reason of clay target shooting. S. 18(2A) inserted by No. 28/2003 s. 13(2). (2A) The Chief Commissioner must not issue a junior licence which authorises the carriage or use of a general category handgun, unless the applicant can demonstrate that the licence is required for the reason of handgun target shooting. S. 18(3) inserted by No. 26/1997 s. 20(2). (3) For the purposes of demonstrating that a junior licence is required for the reason of clay target shooting, the applicant must— (a) be a member of a clay target shooting club or organisation approved by the Chief Commissioner; and S. 18(3)(b) substituted by No. 22/1998 s. 11(3). (b) engage in clay target shooting only at a place which is authorised by or under this Act as a place at which clay target shooting may take place; and (c) demonstrate other prescribed requirements. S. 18(4) inserted by No. 28/2003 s. 13(3). (4) For the purpose of demonstrating that a junior licence is required for the reason of handgun target shooting, the applicant— (a) must be and continue to be a member of an approved handgun target shooting club; and (b) if the applicant is not, at the time of the application, the holder of a licence in another State or a Territory of the Commonwealth that authorises the carriage or use of handguns for the reason of target shooting, must, for the period of 6 months immediately
preceding the application, have been a member of that club. S. 18(5) inserted by No. 28/2003 s. 13(3). (5) In the case of a person who is applying for a junior licence for the reason of handgun target shooting, the Chief Commissioner must not issue such a licence to that person unless a nominated officer of an approved handgun target shooting club of which the person is a member has, on behalf of the club, endorsed the application. S. 19 amended by No. 28/2003 s. 14 (ILA s. 39B(1)). 19 Conditions applying to junior licences (1) A junior licence is subject to— (a) the general conditions specified in items 2 and 3 of Schedule 1; and (b) the special conditions specified in item 4 of Schedule 2; and (c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. S. 19(2) inserted by No. 28/2003 s. 14, amended by No. 107/2003 s. 4(1), repealed by No. 78/2005 s. 15. * * * * * S. 19(3) inserted by No. 107/2003 s. 4(2), repealed by No. 78/2005 s. 15. * * * * * S. 20 amended by No. 55/2014 s. 89 (ILA s. 39B(1)). 20 General discretion of Chief Commissioner to refuse a junior licence (1) The Chief Commissioner must not issue a junior licence—
(a) to a prohibited person; or S. 20(1)(ab) inserted by No. 52/2010 s. 7. (ab) if the applicant is not ordinarily resident in Victoria; or (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 S. 21(1) substituted by No. 28/2003 s. 16(2). (1) The Chief Commissioner may licence a person to possess or carry— (a) longarms; and S. 21(1)(b) amended by Nos 78/2005 s. 16, 50/2007 s. 9(a). (b) handguns that have been manufactured on or after 1 January 1900 but no later than 31 December 1946; and S. 21(1)(c) inserted by No. 50/2007 s. 9(b). (c) handguns that have been manufactured before 1900, that use percussion as a means of ignition and that take cartridge ammunition that is commercially available; and S. 21(1)(d) inserted by No. 50/2007 s. 9(b). (d) antique handguns (that are not single shot antique handguns)— for the purpose of collecting any such firearms. (2) The Chief Commissioner must not issue a licence under subsection (1) unless the applicant— S. 21(2)(a) substituted by No. 28/2003 s. 16(3)(a). (a) is and has been, for at least 6 months, a member of an approved firearms collectors club that deals with the classes of firearms the person proposes to collect; and S. 21(2)(b) amended by No. 28/2003 s. 16(3)(b). (b) can demonstrate that the firearms collected will be of obvious and significant commemorative, historical or thematic value; and
A firearms heirlooms 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 6 of Schedule 2; and (c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. S. 27 amended by No. 55/2014 s. 91 (ILA s. 39B(1)). 27 General discretion of Chief Commissioner to refuse a firearms heirlooms licence (1) The Chief Commissioner must not issue a firearms heirlooms licence— (a) if the applicant is a prohibited person; or S. 27(1)(ab) inserted by No. 52/2010 s. 9. (ab) if the applicant is not ordinarily resident in Victoria; or (b) unless the Chief Commissioner is satisfied that— (i) the applicant is a fit and proper person; and (ii) the applicant can possess or carry a firearm without being a danger to public safety or peace; and (iii) the applicant can comply with the storage requirements set out by or under the Act; and S. 27(1)(b)(iv) amended by No. 22/1998 s. 14. (iv) the issue of the licence is not against the public interest; or (c) for any prescribed reason. S. 27(2) inserted by No. 55/2014 s. 91. (2) 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
(c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. Division 8—General provisions applying to licences under this Part 31 Application for a licence (1) A person who is making an application for a licence under this Part must make that application to the Chief Commissioner. S. 31(2) amended by No. 78/2005 s. 19. (2) An application must be in a form and manner approved by the Chief Commissioner. (3) An applicant must pay the fee prescribed for the category of licence applied for. 32 Information which is required for an application for a licence (1) An application by a natural person for a licence under this Part must be accompanied by— (a) proof of the identity of the applicant being, if the Chief Commissioner so requires, proof in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth; and S. 32(1)(b) amended by No. 78/2005 s. 20(1). (b) in the case of an application for a longarm licence for a category D or E longarm, a handgun licence or a firearms collectors licence (other than an antique handgun collectors licence), a full set of the applicant's fingerprints. S. 32(1A) inserted by No. 52/2010 s. 11. (1A) If a person who is not ordinarily resident in Victoria applies for a longarm or handgun licence
the alteration or variation for the purposes of disposing of the firearm. (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 46 Immediate cancellation of a licence S. 46(1) amended by Nos 50/2007 s. 15, 68/2008 s. 71, 27/2018 s. 359(2). (1) Immediately on becoming aware that— (a) the holder of the licence under this Part; 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. S. 49(2A) inserted by No. 55/2014 s. 95. (2A) A holder of a licence, or a responsible person in relation to a licence, is presumed not to be a fit and proper person for the purposes of subsection (1)(f) if he or she is a declared organisation member. S. 49(2B) inserted by No. 55/2014 s. 95. (2B) A presumption under subsection (2A) may be rebutted. S. 49(3) inserted by No. 28/2003 s. 23(2), amended by No. 107/2003 s. 5(c)(i). (3) If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(5) and (6) applies, the Chief Commissioner— S. 49(3)(a) amended by No. 107/2003 s. 5(c)(ii). (a) must cancel that licence if the holder has failed to comply with section 16(5)(d); and
(A) are fit and proper persons; and (B) can carry on the business without being a danger to public safety or peace; and (ii) the premises specified in the application are suitable to carry on the business of being a firearms dealer; and S. 61(1)(c)(iii) amended by No. 22/1998 s. 18. (iii) the issue of the licence is not against the public interest; or S. 61(1)(ca) inserted by No. 28/2003 s. 31(b). (ca) unless the Chief Commissioner is satisfied that all close associates of the applicant are fit and proper persons; or (d) for any prescribed reason. S. 61(2) inserted by No. 55/2014 s. 97. (2) A person referred to in subsection (1)(c)(i) is presumed not to be a fit and proper person for the purposes of subsection (1)(c)(i)(A) if he or she is a declared organisation member. S. 61(3) inserted by No. 55/2014 s. 97. (3) A presumption under subsection (2) may be rebutted. 62 Review of decision not to issue licence 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 conditions on the licence. Division 2—General provisions applying to dealers licences 63 Application for a dealers licence
120 penalty units or 2 years imprisonment. S. 96(2) amended by No. 28/2003 s. 41(2). (2) A person who is not a licensed firearms dealer must not dispose of a category C or D longarm to a person who is not a licensed firearms dealer, unless the person who is disposing of the firearm engages a licensed firearms dealer as his or her agent in the transaction. 240 penalty units or 4 years imprisonment. S. 96(2A) inserted by No. 28/2003 s. 41(3). (2A) A person who is not a licensed firearms dealer must not dispose of a general category handgun to a person who is not a licensed firearms dealer, unless the person who is disposing of the firearm engages a licensed firearms dealer as his or her agent in the transaction. 600 penalty units or 5 years imprisonment. S. 96(3) amended by No. 28/2003 s. 41(4). (3) A person who is not a licensed firearms dealer must not dispose of a category E longarm to a person who is not a licensed firearms dealer, unless the person who is disposing of the firearm engages a licensed firearms dealer as his or her agent in the transaction. 600 penalty units or 7 years imprisonment. S. 96(4) inserted by No. 28/2003 s. 41(5). (4) A person who is not a licensed firearms dealer must not dispose of a category E handgun to a person who is not a licensed firearms dealer, unless the person who is disposing of the firearm engages a licensed firearms dealer as his or her agent in the transaction.
(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— (a) in the case of a category B longarm, whether or not the need expressed by the applicant cannot be satisfied by the possession, carriage or use of a category A longarm; and (b) in any case, the number, category and type of firearms already possessed by the applicant; and (c) any other prescribed matter.
(1) All licences, permits and approvals under this Act (if any) held by an individual to whom a firearm prohibition order applies are cancelled by the making of the order and the cancellation has effect on the order being served on the individual. (2) If a licence, permit or approval under this Act is held by a body corporate, an officer of which is an individual to whom a firearm prohibition order applies, the licence, permit or approval is cancelled by the making of the order and the cancellation has effect on the order being served on the individual. Note See offence in section 112P as to surrender of firearms. S. 112I inserted by No. 2/2018 s. 22. 112I Service of order A firearm prohibition order must be served in person on the individual to whom it applies by a police officer. S. 112J inserted by No. 2/2018 s. 22. 112J Duration of order (1) A firearm prohibition order that applies to an individual who is of or over the age of 18 years remains in force for 10 years from the day on which it is served on the individual. (2) A firearm prohibition order that applies to an individual who is under the age of 18 years remains in force for 5 years from the day on which it is served on the individual. S. 112K inserted by No. 2/2018 s. 22. 112K Revocation of order (1) The Chief Commissioner may revoke a firearm prohibition order. (2) To avoid doubt, the power in subsection (1) is a power that may be exercised solely at the
S. 130(2) amended by Nos 26/1997 s. 26, 55/2009 s. 19, 82/2012 s. 97, 37/2014 s. 10(Sch. item 63.6), substituted by No. 2/2018 s. 25(3). (2) To avoid doubt, the interior and exterior of any vehicle, vessel or aircraft that is in a public place is a public place. S. 130(2A) inserted by No. 2/2018 s. 25(3). (2A) A person does not commit an offence under subsection (1), (1A) or (1B) if the person is— (a) a police officer or a protective services officer who is acting in the course of the police officer's or protective services officer's official duties and when so authorised by the Chief Commissioner; or (b) a senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried or used, and as authorised under Part 5 of the Independent Anticorruption Commission Act 2011; or (c) a member of a police force or a police service of the Commonwealth or of another State or a Territory who is possessing, carrying or using a firearm issued to the member for the performance of a detailed duty; or (d) a person who holds a licence under this Act, that is issued for the reason of prison guard and who is carrying or using a firearm which the person is authorised to carry or use under the licence, and who is acting in the course of the person's duties as a prison guard and who is in the immediate pursuit of another person under the person who is the guard's custody; or
S. 153A(1) amended by No. 22/1998 s. 43(Sch. item 14(a)(b)), substituted by No. 9/2003 s. 11(1). (1) If— S. 153A(1)(a) amended by No. 50/2007 s. 44. (a) an authorised officer has reasonable grounds for suspecting that a person is committing or is about to commit an offence against this Act and that person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession and— (i) the offence is or is about to be committed on land administered by the Minister administering the Conservation, Forests and Lands Act 1987, or on a road adjacent to such land; or (ii) the authorised officer is acting under his or her duties under the Wildlife Act 1975 or the Fisheries Act 1995; and (b) the authorised officer informs the person of the grounds for his or her suspicion; and S. 153A(1)(c) amended by No. 107/2003 s. 8. (c) the authorised officer complies with subsection (1A)— the authorised officer may— (d) search the person and any vehicle, package or thing in the possession of the person; and S. 153A(1)(e) amended by No. 50/2007 s. 44. (e) seize any firearm, cartridge ammunition, silencer or prescribed item found during the course of the search.
found during the course of those searches; and (c) any other information requested by the Minister. S. 153C(2) amended by No. 68/2016 s. 164(1). (2) The Secretary of the Department of Environment, Land, Water and Planning must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of searches under section 153A(1) conducted during that financial year; and S. 153C(2)(b) amended by No. 50/2007 s. 45. (b) the number and type of firearms, cartridge ammunition, silencers and prescribed items found during the course of those searches; and (c) any other information requested by the Minister. S. 153C(3) inserted by No. 68/2016 s. 164(2). (3) The chief executive officer of the Victorian Fisheries Authority must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of searches under section 153A(1) conducted during that financial year; and (b) the number and type of firearms, cartridge ammunition, silencers and prescribed items found during the course of those searches; and (c) any other information requested by the Minister.
(b) arranges for a licensed firearms dealer to store the firearm on his or her behalf; or (c) arranges for a holder of a licence under Part 2 whose licence permits the possession, carriage or use of that type of firearm to store the firearm on his or her behalf. S. 180(2) amended by No. 50/2007 s. 47(2). (2) The executor or administrator must notify the Chief Commissioner of the death of the person who possessed the firearm as soon as practicable after becoming aware of the person's death. 10 penalty units. S. 181 amended by No. 28/2003 s. 65 (ILA s. 39B(1)). 181 Disclosure of information S. 181(1) amended by No. 78/2005 s. 58(1). (1) Except to the extent necessary for the purposes of the administration of this Act, a person engaged or employed in the administration of this Act must not disclose information gained because of that person's engagement or employment or information contained in a record, return or report prepared by that person to any person except— (a) a court; or (b) the Committee; or (c) the Minister; or S. 181(1)(d) amended by No. 37/2014 s. 10(Sch. item 63.16). (d) the Chief Commissioner or a police officer; or (e) any person or body in another State or a Territory or the Commonwealth who performs tasks (whether or not as a delegate or agent or otherwise) which correspond with those performed by the Chief Commissioner under this Act; or
S. 189(1B) inserted by No. 27/2018 s. 359(4). (1B) A person who is a prohibited person referred to in paragraph (cc)(ii) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person— (a) is deemed not to be a prohibited person by virtue of being or having been subject to a supervision order or an interim supervision order of a kind referred to in that subparagraph; or (b) is so deemed for limited purposes only. (2) The purposes for which the person is deemed not to be a prohibited person must be specified in the order. S. 189(2A) inserted by No. 26/1997 s. 32. (2A) A person who is making an application under this section must give 28 days written notice of that application to— (a) the registrar of the Court; and (b) the Chief Commissioner; and S. 189(2A)(c) amended by Nos 22/1998 s. 39(2), 52/2008 s. 248(2), 68/2008 s. 75(2). (c) in the case of an application under subsection (1) or (1AA), the person protected by the final order. S. 189(2B) inserted by No. 26/1997 s. 32. (2B) The— (a) Chief Commissioner; and S. 189(2B)(b) amended by Nos 22/1998 s. 39(3), 52/2008 s. 248(2), 68/2008 s. 75(3). (b) in the case of an application under subsection (1) or (1AA), person protected by the final order—
committed before the commencement of those sections. S. 212 inserted by No. 21/2008 s. 11. 212 Transitional provision—Justice Legislation Amendment Act 2008 A licence issued under section 9(3) for a person to possess, carry or use a registered category C longarm, being a tranquilliser gun, that was in force immediately before the commencement of section 10 of the Justice Legislation Amendment Act 2008 continues to be in force on and after that commencement in accordance with its terms. S. 213 inserted by No. 52/2008 s. 249. 213 Transitional provisions—Family Violence Protection Act 2008 (1) In this section— the 2008 Act means the Family Violence Protection Act 2008. (2) Despite the commencement of Part 16 of the 2008 Act, section 47A continues to apply in respect of a suspension under that section in force immediately before the commencement of that Part. (3) If, before the commencement of section 247 of the 2008 Act, firearms or cartridge ammunition were surrendered or seized under section 53 as a consequence of the making of an intervention order under the Crimes (Family Violence) Act 1987 (as in force before that commencement), the person must dispose of the firearm or ammunition in accordance with section 53(4) within 3 months of the making of the order, as if the surrender or seizure had happened after the commencement of section 247. (4) If, before the commencement of Part 16 of the 2008 Act—
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, 82/2012 s. 99, 37/2014 s. 10(Sch. item 63.19), 20/2015 s. 58, 2/2018 s. 36. 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 police officer, recruit, officer or Victoria Police employee 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 or police service 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. * * * * * 5 Any person who is of or over the age of 18 years who is receiving instruction in the use of a category A or category B firearm by or under the immediate supervision of the holder of a category A or category B longarm licence. When carrying or using a longarm of the category specified in the supervisor's licence for the purposes of receiving the instruction at an approved shooting 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. 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 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.
Sch. 4 item 2(1)(b) amended by No. 22/1998 s. 42(a). (b) which, if it weighs less than 150 kilograms when it is empty, must be bolted to the structure of the premises where the firearm is authorised to be kept; and (c) which, when any firearm is stored in it, is locked. Sch. 4 item 2(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 2(2A) inserted by No. 28/2003 s. 75(2). (2A) The key to the container in which the firearm is stored must— (a) be carried by the holder of the licence; or (b) be kept securely in a separate room from the container— when the container is not being accessed. Sch. 4 item 2(3) amended by No. 22/1998 s. 43(Sch. item 17(b)). (3) Any cartridge ammunition for the firearm must be stored in a locked container separate from the safe in which the firearm must be stored. Sch. 4 item 2(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.
(iv) which, when any firearm is stored in it, is locked with a lock which is so constructed as to prevent the doors of the container being easily sprung. Sch. 4 item 3(2) substituted by Nos 28/2003 s. 75(3), 78/2005 s. 63, amended by No. 50/2007 s. 56(3). (2) If— (a) in the case of an antique handgun, more than 15 antique handguns are stored on the premises where the handgun is stored; or (b) in any other case, more than 5 firearms are stored on the premises where the firearm is stored— the premises must be fitted with an intruder alarm system— (c) the installation, maintenance and operation of which complies with Australian Standard 2201.1:2007 (as amended from time to time); and Sch. 4 item 3(2)(d) amended by No. 29/2011 s. 3(Sch. 1 item 38.3). (d) which, in the event of an intrusion, activates an audible alarm warning device and an external visible alarm warning light. Sch. 4 item 3(2A) inserted by No. 28/2003 s. 75(4). (2A) The key to the container in which the firearm is stored must— (a) be carried by the holder of the licence; or (b) be kept securely in a separate room from the container— when the container is not being accessed. (3) The firearm must not be removed from the container except by the holder of the licence. (4) Any bolt or firing pin which is required to be stored separately from the firearm it is a part of, must be stored in the same manner as is required
Assent Date: 17.6.09 Commencement Date: Ss 8–11 on 3.9.09: Government Gazette 3.9.09 p. 2331 : This information relates only to the provision/s amending the Firearms Act 1996 Justice Legislation Further Amendment Act 2009, No. 55/2009 Assent Date: 22.9.09 Commencement Date: Ss 15–21 on 30.10.09: Government Gazette 29.10.09 p. 2729 : This information relates only to the provision/s amending the Firearms Act 1996 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 21) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Firearms Act 1996 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 23) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Firearms Act 1996 Firearms and Other Acts Amendment Act 2010, No. 52/2010 Assent Date: 7.9.10 Commencement Date: Ss 3(1)(b)(d), 4, 17, 19, 21, 23 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 3(1)(a)(c)(2), 5–16, 18, 20, 22, 24, 25 on 1.7.11: s. 2(2) : This information relates only to the provision/s amending the Firearms Act 1996 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 5) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Education and Training Reform Amendment (School Safety) Act 2011, No. 11/2011 Assent Date: 10.5.11 Commencement Date: S. 7 on 1.1.12: s. 2(2) : This information relates only to the provision/s amending the Firearms Act 1996