S. 3(1) def. of antique handgun inserted by No. 78/2005 s. 3(1)(a), substituted by No. 50/2007 s. 3(1)(b). antique handgun means a handgun— (a) that was manufactured before 1 January 1900; and (b) that uses percussion as a means of ignition; and (c) that does not take commercially available cartridge ammunition; S. 3(1) def. of antique handgun collectors licence inserted by No. 78/2005 s. 3(1)(a). s. 3 antique handgun collectors licence means a licence issued under section 21B; S. 3(1) def. of approved club amended by No. 28/2003 s. 3(1)(d). approved club means a club approved by the Chief Commissioner under section 10(3); S. 3(1) def. of approved firearms collectors club inserted by No. 28/2003 s. 3(1)(c). approved firearms collectors club means a person or body approved by the Chief Commissioner under section 123H; S. 3(1) def. of approved handgun target shooting club inserted by No. 28/2003 s. 3(1)(c). approved handgun target shooting club means a person or body approved by the Chief Commissioner under section 123A;
S. 3(1) def. of approved handgun target shooting match inserted by No. 28/2003 s. 3(1)(c), substituted by Nos 78/2005 s. 3(1)(b), 52/2010 s. 3(1)(a), amended by No. 12/2012 s. 7(1). approved handgun target shooting match means— (a) a competitive target shooting match approved by the Chief Commissioner that is conducted by an approved handgun target shooting club at an approved shooting range; or (b) a handgun target shooting match conducted in another State or a Territory or a place outside Australia that is recognised by the Chief Commissioner under section 16(12)(a) to be an approved handgun target shooting match; approved shooting range means a shooting range approved by the Chief Commissioner under section 179; S. 3(1) def. of armed guard activity inserted by No. 50/2007 s. 3(1)(a). s. 3 armed guard activity means the activity, performed by a person acting as a security guard, of protecting, watching or guarding any property while being in possession of a firearm; S. 3(1) def. of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch. item 26.1). * * * * * S. 3(1) def. of black powder handgun inserted by No. 78/2005 s. 3(1)(a). black powder handgun means a handgun that— (a) uses black powder to propel a projectile; and (b) is not capable of being loaded with or discharging breech-loaded metallic cartridges;
S. 3(1) def. of category B longarm amended by No. 22/1998 s. 4(b). category B longarm means any of the following— s. 3 (a) a muzzle loading firearm; (b) a centre fire rifle (other than an or a semi-automatic centre fire rifle); (c) any combination of a shotgun and centre fire rifle; (d) a black powder, ball firing cannon; category C longarm means any of the following— (a) a semi-automatic rimfire rifle with a magazine capacity of no more than 10 rounds; (b) a semi-automatic shotgun with a magazine capacity of no more than 5 rounds; (c) a pump action shotgun with a magazine capacity of no more than 5 rounds; (d) a tranquilliser gun; S. 3(1) def. of category D longarm amended by Nos 50/2007 s. 3(1)(c), 21/2008 s. 7(a). category D longarm means any of the following— (a) a semi-automatic rimfire rifle with a magazine capacity of more than 10 rounds; (b) a semi-automatic shotgun with a magazine capacity of more than 5 rounds; (c) a pump action shotgun with a magazine capacity of more than 5 rounds; (d) a semi-automatic centre fire rifle;
(iii) an indictable offence— and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or (e) any person who is of a prescribed class of persons; * * * * * S. 3(1) def. of protective services officer substituted by No. 37/2014 s. 10(Sch. item 63.1(d)). protective services officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of provisional general category handgun licence inserted by No. 78/2005 s. 3(1)(a). provisional general category handgun licence means a provisional licence issued under section 58A; 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 registered inserted by No. 28/2003 s. 3(1)(c). s. 3 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 registered psychologist substituted by No. 41/2000 s. 102(Sch. item 4), amended by No. 97/2005 s. 182(Sch. 4 item 20(c)), substituted by No. 13/2010 s. 51(Sch. item 23.1(b)). registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); responsible person means— (a) in the case of a body corporate, any officer of the body corporate or the person nominated in an application for a licence by a body corporate under Part 2 or 3; or s. 3 (b) in the case of a Department— (i) the person authorised by the Department Head to make an
application for a licence under Part 2; or (ii) the person nominated in an application for a licence on behalf of a Department under Part 2; S. 3(1) def. of restricted ammunition inserted by No. 78/2005 s. 3(1)(a). restricted ammunition, in relation to a handgun, means any ammunition for use in the handgun that— (a) is not factory manufactured; or (b) is not recommended by the manufacturer of the handgun as being appropriate for that handgun; or (c) is a magnum load or a full metal case projectile; semi-automatic when used to describe a rifle or shotgun, means a rifle or shotgun which is constructed or has been, at any time, constructed so that— s. 3 (a) each bullet or missile is discharged by a separate application of pressure to the trigger; and (b) the energy of the discharge is used as part of the reloading cycle of the rifle or shotgun (as the case may be); S. 3(1) def. of senior IBAC Officer inserted by No. 82/2012 s. 94(2). senior IBAC Officer has the same meaning as it has in the Independent Broad-based Commission Act 2011; S. 3(1) def. of serial number inserted by No. 52/2010 s. 3(1)(b). serial number, of a firearm, means a number that enables the firearm to be individually identified that has been— (a) assigned to the firearm by its manufacturer; or
(b) stamped or otherwise affixed to the firearm in accordance with section 119A or 119B; shooting gallery means any room, gallery, saloon, land or premises used with the permission of a Council (within the meaning of the Local Government Act 1989) for the purpose of practising shooting with airguns, other than paintball guns, whether on payment or otherwise; silencer means any instrument or thing by means of which the sound caused by the discharge of a firearm is rendered less audible, whether the instrument or thing forms part of the firearm or is or can be affixed or attached to the firearm; 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 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 suspended 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
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 or more before the commission of the particular offence, is to be disregarded. s. 3 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. 5(1) amended by Nos 28/2003 s. 4(1), 12/2012 s. 8(1). s. 5 (1) A prohibited person must not possess, carry or use a firearm. 1200 penalty units or 10 years imprisonment. S. 5(1A) inserted by No. 28/2003 s. 4(2), repealed by No. 12/2012 s. 8(2). * * * * * S. 5(2) amended by No. 28/2003 s. 4(3). (2) A prohibited person must not possess, carry or use— (a) a silencer; or (b) any other prescribed item. 480 penalty units or 8 years imprisonment. 6 Offence for non-prohibited person to possess, carry or use a longarm without a licence S. 6(1) amended by No. 28/2003 s. 5(1). (1) A non-prohibited person must not possess, carry or use a category A longarm that is registered 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(2) amended by No. 28/2003 s. 5(2). (2) A non-prohibited person must not possess, carry or use a category B longarm that is registered unless that person does so under and in accordance with a licence issued under this Part. 120 penalty units or 2 years imprisonment.
S. 7A(4) amended by No. 78/2005 s. 6(5). (4) Upon application by a person who is the holder of or an applicant for a handgun target shooting licence, the Chief Commissioner may authorise the applicant to possess, carry or use a general category handgun— (a) that has a calibre of more than ·45 inch; or (b) that has a calibre of more than ·38 inch but not more than ·45 inch. (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 s. 7A (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—
(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. 10 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. 10
11 Reasons for applying for a longarm licence, category C s. 11 (1) The Chief Commissioner must not issue a longarm licence for category C longarms unless— (a) the applicant can demonstrate that the licence is required for one of the following reasons— (i) primary production; (ii) professional hunting; (iii) clay target shooting; S. 11(1)(a)(iv) amended by Nos 26/1997 s. 19(1)(a), 22/1998 s. 6(1). (iv) an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; S. 11(1)(a)(v) inserted by No. 26/1997 s. 19(1)(b). (v) possessing a category C longarm, being a shotgun, for carriage and use by the holder of a junior licence for the purpose of clay target shooting; and (b) the applicant has a genuine need to possess, carry or use a category C firearm which relates to the applicant's reason for requiring the licence and which cannot be satisfied by a category A or B firearm or by other means. (2) For the purposes of demonstrating that the licence is required for— (a) primary production, the applicant must produce evidence that he or she is substantially engaged in the business of primary production as an owner, lessee or manager of land used for primary production or is a person employed, full time, in such a business;
(i) the applicant and all the responsible persons in relation to the application are fit and proper persons; and S. 17(c)(ia) inserted by No. 28/2003 s. 12. (ia) in particular, in relation to an applicant for a handgun licence, that there is no information as to criminal activities on the part of the applicant that is known to the Chief Commissioner that would cause the Chief Commissioner not to be satisfied that the person is a fit and proper person; 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 of firearms safety approved by the Chief Commissioner and has a good knowledge of firearms law; and s. 17 S. 17(c)(iiia) inserted by No. 78/2005 s. 14. (iiia) in the case of an applicant for a paintball marker licence, that the applicant has satisfactorily completed a paintball safety course approved by the Chief Commissioner; and (iv) the applicant can comply with the storage requirements set out by or under the Act; and S. 17(c)(v) amended by No. 22/1998 s. 10(b). (v) the issue of the licence is not against the public interest; or S. 17(ca) inserted by No. 50/2007 s. 8. (ca) if—
(a) in the case of a licence issued to a natural person, that person; or (b) in any other case, the nominated person— which complies with the Chief Commissioner's requirements. 36 Offence not to comply with licence conditions s. 36 (1) A person who is the holder of a longarm licence for category A or B longarms must comply with any conditions to which the licence is subject. 60 penalty units or 12 months imprisonment. S. 36(2) amended by No. 28/2003 s. 21(1). (2) A person who is the holder of a longarm licence for category C or D longarms or a handgun licence for general category handguns must comply with any conditions to which the licence is subject. 120 penalty units or 2 years imprisonment. S. 36(3) amended by No. 28/2003 s. 21(2). (3) A person who is the holder of a longarm licence for category E longarms or a handgun licence for category E handguns must comply with any conditions to which the licence is subject. 240 penalty units or 4 years imprisonment. S. 36(3A) inserted by No. 78/2005 s. 21. (3A) A person who is the holder of a paintball marker licence must comply with any conditions to which the licence is subject. 60 penalty units or 12 months imprisonment. (4) A person who is the holder of a junior licence, a firearms collectors licence, a firearms heirlooms licence or a firearms ammunition collectors licence must comply with any conditions to which the licence is subject.
satisfied that the person is not a fit and proper person; or (g) the holder of the licence cannot carry on, or be employed in the business without being a danger to public safety or peace; or (h) the holder of the licence or a responsible person in relation to the licence has contravened a provision of this Act or the regulations; or S. 49(1)(ha) inserted by No. 28/2003 s. 23(1)(d). (ha) the holder has, through his or her negligence or fraud, caused a firearm to be lost or stolen; or (i) the holder is no longer entitled to hold the licence for any other prescribed reason. S. 49(2) inserted by No. 28/2003 s. 23(2), amended by No. 107/2003 s. 5(b). (2) If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(3) and (4) applies, the Chief Commissioner must cancel that licence if the holder has failed to comply with that condition. 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 S. 49(3)(b) amended by No. 107/2003 s. 5(c)(iii). (b) may cancel that licence if the holder has failed to comply with section 16(5)(c). s. 49
(1) If a licence under this Part is suspended or cancelled, the holder must— S. 53(1)(a) amended by No. 22/1998 s. 43(Sch. item 3). (a) if served personally with notice of the suspension or cancellation, immediately surrender any firearm or cartridge ammunition in that person's possession and the licence document to the person serving the notice; and S. 53(1)(b) amended by No. 22/1998 s. 43(Sch. item 3). (b) if served by post with notice of the suspension or cancellation, within 7 days of service of the notice, surrender any firearm or cartridge ammunition in that person's possession and the licence document to a police station. 240 penalty units or 4 years imprisonment. S. 53(2) amended by No. 37/2014 s. 10(Sch. item 63.2). (2) If a police officer has reasonable grounds for believing that a person has not complied with subsection (1), the police officer— S. 53(2)(a) amended by Nos 22/1998 s. 43(Sch. item 3), 37/2014 s. 10(Sch. item 63.2(b)). (a) must seize any firearm or cartridge ammunition which the police officer is aware is in the possession of the person; and S. 53(2)(b) amended by No. 22/1998 s. 43(Sch. item 3). (b) may, at any reasonable time, without warrant, enter and search any premises where the person resides or has resided for the purpose of seizing any such firearm or cartridge ammunition. S. 53(3) amended by No. 22/1998 s. 43(Sch. item 3). (3) Despite the surrender or seizure of a firearm or cartridge ammunition under this section the person who has surrendered the firearm or cartridge ammunition or from whom the firearm or cartridge ammunition has been seized continues
S. 56(3)(b) amended by No. 22/1998 s. 43(Sch. item 4(b)). (b) carriage of the firearms or cartridge ammunition for the purposes of the display. S. 56(4) amended by No. 22/1998 s. 43(Sch. item 4(b)). (4) A permit to display firearms or cartridge ammunition at the premises specified in the licence is subject to the conditions fixed in the permit. S. 56(5) amended by No. 22/1998 s. 43(Sch. item 4(b)). (5) A permit to display firearms or cartridge ammunition at premises other than the premises specified in the licence is subject to any conditions imposed on that permit or on permits in the nature of that permit by the Chief Commissioner. S. 56(5A) inserted by No. 78/2005 s. 30(2). (5A) The conditions that the Chief Commissioner may impose on a permit under this section may include conditions for or with respect to— s. 56 (a) the circumstances in which the Chief Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and (b) the length or term of the permit and any related matters. (6) An application for a permit must be made in the manner and form approved by the Chief Commissioner. (7) The applicant must pay the fee prescribed for such a permit. (8) The holder of the permit must comply with the permit. 60 penalty units or 12 months imprisonment. S. 56A inserted by No. 50/2007 s. 22. 56A Permits to display firearms or ammunition collections—Approved firearms collectors clubs s. 56A
(1) A person who removes a firearm from the State for the purpose of no longer keeping it in the State must give notice of the removal of that firearm to the Chief Commissioner. 240 penalty units or 4 years imprisonment. (2) A notice under subsection (1) must be— (a) in the form approved by the Chief Commissioner; and (b) given not less than 7 days before the firearm is removed from the State. 40 penalty units. S. 116(3) inserted by No. 84/1997 s. 46. (3) This section does not apply to a person who removes a firearm from the State for the purpose of no longer keeping it in the State where that firearm has been acquired in accordance with an inter-State permit to acquire and that firearm has been acquired in circumstances to which section 102(5) or (6) applies. S. 117 amended by No. 50/2007 s. 30 (ILA s. 39B(1)). 117 Certificate of registration s. 117 (1) Immediately on registering a firearm, the Chief Commissioner must issue a certificate of registration for that firearm to the person who possesses the firearm which— (a) sets out the details of the registration of the firearm; and (b) the name of the person who possesses the firearm; and (c) any other prescribed information. S. 117(2) inserted by No. 50/2007 s. 30. (2) Despite subsection (1), the Chief Commissioner is not required to issue a certificate of registration in respect of a firearm if the Chief Commissioner is not aware of the person who possesses the firearm
120 penalty units or 2 years imprisonment. S. 135(3) amended by No. 28/2003 s. 61(2). (3) A person must not own a category E longarm or a category E handgun unless that person is authorised by a licence under this Act to possess the firearm. 240 penalty units or 4 years imprisonment. S. 135(4) inserted by No. 78/2005 s. 53. (4) A person must not own a paintball marker unless that person is authorised by a licence under this Act to possess the paintball marker. 60 penalty units or 12 months imprisonment. 136 Disposal of firearms to minors A person must not dispose of a firearm to a person who is under 18 years of age. 240 penalty units or 4 years imprisonment. S. 137 amended by No. 22/1998 s. 33 (ILA s. 39B(1)). 137 Alteration of documents s. 135 (1) A person must not alter the particulars on a licence, permit, certificate or other document issued under this Act. 240 penalty units or 4 years imprisonment. S. 137(2) inserted by No. 22/1998 s. 33. (2) Subsection (1) does not apply to the Chief Commissioner or any person acting on behalf of the Chief Commissioner. 138 False entries A person must not make or cause to be made a false or misleading entry in a register or other record required to be kept under this Act. 240 penalty units or 4 years imprisonment.
corporate or licence holder within the scope of his or her actual or apparent authority, the body corporate or licence holder must be taken, for the purposes of prosecution for an offence against this Act, also to have engaged in the conduct unless the body corporate or licence holder establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. 145 Evidence of possession In any proceedings under this Act, evidence that a person occupies any land or premises on or in which any firearm is found is evidence, and, in the absence of evidence to the contrary, is proof that that person possessed the firearm. _______________ 146 Warrants to search premises s. 146 S. 146(1) amended by Nos 25/2009 s. 9(1), 37/2014 s. 10(Sch. item 63.9(a)). (1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place, if the police officer believes on reasonable grounds that an offence against this Act is being or is about to be committed. S. 146(2) amended by No. 37/2014 s. 10(Sch. item 63.9(b)). (2) If the magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that an offence against this Act is being or is about to be committed, the magistrate may issue a search warrant authorising the police officer named in the warrant and any assistants the police officer considers necessary— S. 146(2)(a) amended by No. 25/2009 s. 9(2). (a) to enter the premises named or described in the warrant or the vehicle named or
S. 176A inserted by No. 28/2003 s. 64. 176A Annual Report of Chief Commissioner s. 176A 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 If, on receiving an application for a duplicate licence, permit or authority, the Chief Commissioner is satisfied that the original licence, permit or authority has been lost or destroyed, the Chief Commissioner may issue a duplicate of that licence, permit or authority to the holder. 178 Application for duplicate licence S. 178(1) amended by No. 78/2005 s. 55. (1) An application under section 177 must be in the manner and form approved by the Chief Commissioner. (2) The applicant must pay the fee prescribed for an application in the nature of the application made. 179 Power of Chief Commissioner to make approvals S. 179(1) amended by Nos 26/1997 s. 30, 78/2005 s. 56. (1) The Chief Commissioner may approve firearms shooting ranges, firearms safety courses, paintball safety courses, firearms safety instructors, organisations of collectors, locations of paintball activities, events and bodies to whom information may be disclosed for the purposes of this Act. S. 179(2) substituted by No. 22/1998 s. 36. (2) A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (1) may apply to the Committee for a review of a decision of the Chief
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 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
(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— may appear before the Court to be heard on the application. S. 189(3) substituted by No. 22/1998 s. 39(4). (3) In this section, Court means— S. 189(3)(a) amended by No. 68/2008 s. 75(4). (a) in the case of a person who was made the subject of an order referred to in subsection (1) or (1AA)— (i) in , the court which made the order; or
(a) in respect of certain matters or transactions or classes of matters or transactions; s. 191 (b) in respect of certain documents or classes of documents; (c) when an event happens; (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of such matters, transactions, documents, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body. _______________ 192 Definitions s. 192 In this Part— new Committee means the Firearms Appeals Committee established under this Act; old Act means the Firearms Act 1958 as in force immediately before the commencement of section 177 of this Act; old Committee means the Firearms Consultative Committee established under the old Act. 193 Repeal of Firearms Act 1958 The Firearms Act 1958 is repealed. 194 References In— (a) an Act; or
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). SCHEDULE 3 Sch. 3 2 Item No. Column 1 Persons Column 2 Circumstances 1 A person serving as a member of the naval, military or air forces of the Commonwealth of Australia. When possessing, carrying or using a firearm while on duty or when carrying a firearm while going to or from duty. 2 Any 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. 4 A person who is of or over the age of 18 years, and who is receiving instruction in the use of a general category handgun— When carrying or using a general category handgun at an approved shooting range. (a) by or under the immediate supervision of the holder of a general category handgun licence; and
Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 7) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Family Violence Protection Act, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 245–249 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Endnotes Stalking Intervention Orders Act 2008, No. 68/2008 (as amended by No. 20/2011) Assent Date: 18.11.08 Commencement Date: Ss 70–76 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Justice Legislation Amendment Act 2009, No. 25/2009 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