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). 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). 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 of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch.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;
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 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;
(5) The Chief Commissioner may licence a person to possess, carry or use one or more category E longarms for the reason specified in the licence. S. 9(6) inserted by No. 78/2005 s. 7. (6) The Chief Commissioner may licence a person to possess, carry or use a registered paintball marker for the reason specified in the licence. 10 Reasons for applying for longarm licence, category A or B (1) The Chief Commissioner must not issue a longarm licence for category A or B longarms unless the applicant can demonstrate that the licence is required for one or more of the following reasons— (a) for sport or target shooting; (b) for hunting; (c) for primary production; (d) for the occupation of security guard or prison guard; S. 10(1)(e) amended by No. 22/1998 s. 5(1). (e) for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations. (2) For the purpose of demonstrating that the licence is required for— (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. 15(4)(b) amended by No. 78/2005 s. 64(a). (b) where the holder of the licence is employed as a security guard, must not issue the licence for a handgun that is not registered to the person who employs the holder as a security guard; and S. 15(4)(c) inserted by No. 78/2005 s. 64(b). (c) must not issue, unless the Chief Commissioner reasonably believes that there is an exceptional and legitimate reason for doing so, a licence for a handgun that is— (i) a semi-automatic handgun with a calibre of more than ·40 inch; or (ii) a revolver or single shot handgun with a calibre of more than ·38 inch. S. 15(5) inserted by No. 22/1998 s. 9(2), repealed by No. 28/2003 s. 9(6). * * * * * S. 16 amended by No. 28/2003 s. 10 (ILA s. 39B(1)). 16 Conditions applying to handgun licences (1) A handgun licence is subject to— (a) the general conditions specified in items 1, 2 and 3 of Schedule 1; and (b) the special conditions specified in item 3 of Schedule 2; and (c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. S. 16(2) inserted by No. 28/2003 s. 10, amended by No. 78/2005 s. 12(1). (2) If a person is the holder of a handgun target shooting licence, the licence is subject to the following conditions— (a) the holder must not participate in target shooting for any purpose other than the
(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. (2) An application under this section must be in the form approved by the Chief Commissioner. S. 16B inserted by No. 28/2003 s. 11. 16B Conditions applying to handgun licences for category E handguns A handgun licence for category E handguns is subject to any conditions imposed on the licence or the category of licence by the Chief Commissioner. Division 4—General provisions applying to longarm and handgun licences S. 17 amended by Nos 22/1998 s. 10(a), 55/2014 s. 88 (ILA s. 39B(1)). 17 General discretion of Chief Commissioner to refuse a longarm or handgun licence (1) The Chief Commissioner must not issue a longarm or handgun licence— (a) if the applicant or any responsible person in relation to the application is a prohibited person; or
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
(iii) the applicant can comply with the storage requirements set out by or under the Act; and S. 23(1)(c)(iv) amended by No. 22/1998 s. 13(b). (iv) the issue of the licence is not against the public interest; or (d) for any prescribed reason. S. 23(2) inserted by No. 55/2014 s. 90. (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 subsection (1)(c)(i) if he or she is a declared organisation member. S. 23(3) inserted by No. 55/2014 s. 90. (3) A presumption under subsection (2) may be rebutted. 24 Firearms collectors register (1) A person who is the holder of a firearms collectors licence must— (a) keep a register at the premises specified in the licence which has a record of the firearms kept under the licence and which is in the form approved by the Chief Commissioner; and (b) enter prescribed particulars of any dealings in firearms held under the licence in the register within 24 hours after the dealing takes place. 120 penalty units or 2 years imprisonment. S. 24(2) amended by No. 28/2003 s. 19. (2) The Chief Commissioner may permit a person who is the holder of a firearms collectors licence to remove a firearm from the register kept under this section if that person is the holder of a longarm licence for category A or B longarms or a
(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 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.
Pt 2 Div. 10 (Heading) amended by No. 78/2005 s. 27. Division 10—Exemptions, permits and provisional licences S. 54 amended by No. 28/2003 s. 28 (ILA s. 39B(1)). 54 Persons who are exempt from the Part (1) Any non-prohibited person who is of a category of persons specified in an item in Column 1 of Schedule 3 who possesses, carries or uses a registered firearm in the circumstances set out in that item in Column 2 of Schedule 3 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. 54(2) inserted by No. 28/2003 s. 28, substituted by No. 78/2005 s. 28, amended by No. 50/2007 s. 20(1). (2) If a person receives instruction in the use of a general category handgun in accordance with the exemption set out in item 4 or 5A of Schedule 3, the person who gives the instruction, must, on each occasion on which that person gives that instruction, so notify the Chief Commissioner in the form approved by the Chief Commissioner. S. 54(3) inserted by No. 28/2003 s. 28. (3) A notification under subsection (2) must— S. 54(3)(a) amended by No. 50/2007 s. 20(2). (a) contain any information as to the identity of the person and the person who has given the instruction that the Chief Commissioner requires; and (b) be signed by the person giving the notice; and (c) must be given to the Chief Commissioner within 7 days of the day on which the person receives the instruction.
S. 87(1)(b) amended by No. 50/2007 s. 25(1). (b) a firearm is disposed of, hired or loaned by the dealer or otherwise goes out of the possession of the dealer; or (c) the dealer acts as an agent for the acquisition or disposal of a firearm— is recorded in a register of transactions. 120 penalty units or 2 years imprisonment. (2) A licensed firearms dealer must ensure that the register of transactions contains in relation to each transaction— (a) in the case of a firearm coming into the possession of the dealer— (i) the prescribed particulars about the person who has given possession of the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and S. 87(2)(a)(ii) amended by No. 52/2010 s. 19(a). (ii) the make, type, calibre, action, serial number and, where known or available, model of the firearm; and (b) in the case of a firearm going out of the possession of the dealer— (i) where the case so requires, the permit to acquire; and (ii) the prescribed particulars about the person who is acquiring possession of the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and S. 87(2)(b)(iii) amended by No. 52/2010 s. 19(b). (iii) the make, type, calibre, action, serial number and, where known or available, model of the firearm; and
S. 87(3)(c) amended by No. 37/2014 s. 10(Sch. item 63.5). (c) is available for inspection by a police officer at any reasonable time. 60 penalty units or 12 months imprisonment. (4) A licensed firearms dealer must ensure that the record of a transaction or dealing is made immediately on the transaction taking place. 30 penalty units. (5) A licensed firearms dealer must ensure that any entry in a register of transactions kept by him is kept for a period of 5 years after the entry is made in the register. 30 penalty units. S. 87(6) inserted by No. 50/2007 s. 25(2). (6) A person whose dealers licence has expired or has been suspended or cancelled must— (a) keep the register of transactions in which he or she has kept his or her transactions for a period of 5 years after the last entry has been made in the register; or (b) surrender the register of transactions kept by him or her to the Chief Commissioner of Police at any time during the period of 5 years after his or her licence expired or was suspended or cancelled. 30 penalty units. 88 Firearms to be labelled with transaction details A licensed firearms dealer must ensure that a label is fixed to each firearm in the dealers possession which shows a number which is capable of being used to identify the record of any transaction or dealing in the firearm in the register of transactions. 10 penalty units.
S. 123(2) amended by No. 28/2003 s. 52(1). (2) A person who possesses a category C or D longarm or a general category handgun under a dealers licence must store that firearm in the manner fixed in the licence. 120 penalty units or 2 years imprisonment. S. 123(3) amended by No. 28/2003 s. 52(2). (3) A person who possesses a category E longarm or a category E handgun under a dealers licence must store that firearm in the manner fixed in the licence. 240 penalty units or 4 years imprisonment. S. 123(4) inserted by No. 22/1998 s. 30. (4) A person who possesses ammunition under a dealers licence must store that ammunition in the manner fixed in the licence. 120 penalty units or 2 years imprisonment. Pt 6A (Heading and ss inserted by No. 28/2003 s. 53. Division 1—Approved handgun target shooting clubs S. 123A inserted by No. 28/2003 s. 53. 123A Power of the Chief Commissioner to approve handgun target shooting clubs (1) For the purposes of this Act the Chief Commissioner may approve a person or body that conducts handgun target shooting matches, if that person or body is either— (a) a person incorporated under the Corporations Act; or
that person is authorised to possess, carry or use under the licence. 10 penalty units. S. 124(3) amended by No. 22/1998 s. 43(Sch. item 8(c)). (3) A person who is not required to have a licence under this Act in order to possess, carry or use a firearm must not possess cartridge ammunition which is not suitable for use in the category of firearms that that person may possess, carry or use without having to obtain a licence. 10 penalty units. S. 125 amended by No. 22/1998 s. 43(Sch. item 9). 125 Disposal of cartridge ammunition to unauthorised persons A person must not dispose of cartridge ammunition to another person unless the person to whom the cartridge ammunition is disposed of— S. 125(a) amended by No. 22/1998 s. 43(Sch. item 9). (a) produces a licence under this Act to possess, carry or use a firearm, and the cartridge ammunition is suitable for use in a firearm that that person is authorised to possess, carry or use under that licence; or S. 125(b) amended by No. 22/1998 s. 43(Sch. item 9). (b) produces a licence to keep explosives for sale and to sell explosives under the Dangerous Goods Act 1985 and the cartridge ammunition is cartridge ammunition that that person is authorised to keep for sale and sell under that licence; or S. 125(c) amended by No. 22/1998 s. 43(Sch. item 9). (c) produces evidence that he or she is not required to have a licence under this Act in order to possess, carry or use a firearm of the type the cartridge ammunition is suitable for. 60 penalty units or 12 months imprisonment. 126 Safekeeping of firearms and cartridge ammunition while being carried or used
(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. S. 153 (Heading) inserted by No. 50/2007 s. 43(1). S. 153 amended by Nos 22/1998 s. 43(Sch. item 13), 50/2007 s. 43(2), 37/2014 s. 10(Sch. item 63.14). 153 Power of court to make an order with respect to the disposal of a firearm, cartridge ammunition, silencer or prescribed item If a firearm, cartridge ammunition, silencer or prescribed item has been surrendered or seized under this Act or any other Act or has been handed in to a police officer and— (a) the owner cannot be found; or S. 153(b) amended by Nos 22/1998 s. 43(Sch. item 13), 50/2007 s. 43(2). (b) it is otherwise necessary for the firearm, cartridge ammunition, silencer or prescribed item to be disposed of— the Magistrates' Court may, on the application of a police officer, order that the firearm, cartridge ammunition, silencer or prescribed item be destroyed or otherwise disposed of in the manner approved by the Court.
S. 153A (Heading) inserted by No. 68/2016 s. 163(1). S. 153A inserted by No. 26/1997 s. 29. 153A Authorised officers under the Conservation, Forests and Lands Act 1987 and Victorian Fisheries Authority Act 2016 to exercise powers under this Act 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—
S. 160(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 78.3). (1) A member, other than a member who is an employee in the public service within the meaning of the Public Administration Act 2004, is entitled to receive the fees, if any, that are fixed from time to time by the Governor in Council for the members of the Committee. (2) A member is entitled to receive the allowances that are fixed from time to time by the Governor in Council. 161 Procedure of the Committee (1) The chairperson must preside at a meeting of the Committee at which he or she is present. (2) In the absence of the chairperson, the members present may elect a member to preside at the meeting. (3) A question arising at a meeting of the Committee is to be determined by a majority of votes of the members present at the meeting. (4) The person presiding at the meeting has a deliberative vote and, if the members are equally divided in opinion, a second or casting vote. (5) A quorum of the Committee consists of 7 members. (6) Except as otherwise provided for in this Act, the Committee may regulate its own proceedings. 162 Effect of vacancy or defect An act or decision of the Committee is not invalid only because— (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any of its members; or
notice served by post in accordance with subsection (1) is deemed to be served 21 days after the date of the notice. (3) For the purposes of subsection (2), evidence to the contrary includes but is not limited to evidence that the person to be served had notified the Chief Commissioner of any change to his or her place of residence or business before the date of the notice. S. 176 amended by Nos 28/2003 s. 63, 9/2003 s. 13, 37/2014 s. 10(Sch. item 63.15). 176 Power of delegation The Chief Commissioner may, in writing, delegate to any police officer or to any Victoria Police employee any of the Chief Commissioner's powers under this Act except section 153C(1) and the following— S. 176(a) inserted by No. 28/2003 s. 63. (a) this power of delegation; S. 176(b) inserted by No. 28/2003 s. 63, amended by No. 55/2014 s. 102. (b) the power of the Chief Commissioner to make a decision not to issue a general category handgun licence for the reason set out in section 17(1)(c)(ia); S. 176(c) inserted by No. 28/2003 s. 63. (c) the power of the Chief Commissioner to cancel a general category handgun licence for the reason set out in section 49(1)(fa). S. 176A inserted by No. 28/2003 s. 64. 176A Annual Report of Chief Commissioner The Chief Commissioner must, in each year, within 3 months after the expiry of the time allowed for approved handgun target shooting clubs to make a report under section 123C, submit to the Minister a report setting out details of the information requested by the Minister in relation to those reports. 177 Duplicate licences
S. 187(2)(c) amended by No. 28/2003 s. 68(b). (c) deemed to be the holder of a category C or D longarms licence or a handgun licence for general category handguns (as the case requires); and S. 187(2)(d) amended by No. 22/1998 s. 38(a). (d) authorised under that licence to possess, carry or use any firearm which that person was so authorised to possess, carry or use under the licence issued in the other State or Territory— and, in the case of a person who, within the period of 7 days, applies to the Chief Commissioner for a licence under Part 2 to possess, carry or use any such firearm, is authorised to possess any such firearm until the outcome of the application is determined. S. 187(3) inserted by No. 50/2007 s. 50. (3) A person who— (a) is the holder of a licence or permit in another State or Territory which corresponds with a paintball marker licence; and (b) has notified the Chief Commissioner that he or she intends to permanently reside in — is, for a period of 3 months after that notification is given, deemed to be— (c) the holder of a paintball marker licence; and (d) authorised under that licence to possess, carry or use a paintball marker. 188 Power to approve schemes of compensation (1) The Minister, in consultation with the Treasurer, may approve a scheme of compensation for making payment to any person who surrenders to the Chief Commissioner a firearm which he or she lawfully owned immediately before it became unlawful to own that firearm.
Sch. 2 item 7(4)(b) amended by No. 22/1998 s. 40(h)(ii). (b) to a licensed firearms dealer; or Sch. 2 item 7(4)(c) inserted by No. 22/1998 s. 40(h)(ii). (c) through the agency of a licensed firearms dealer. 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 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
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— (a) which is of a thickness that is not easily penetrable; and 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—