S. 3(1) def. of antique handgun inserted by No. 78/2005 s. 3(1)(a), substituted by No. 50/2007 s. 3(1)(b). antique handgun means a handgun— (a) that was manufactured before 1 January 1900; and (b) that uses percussion as a means of ignition; and (c) that does not take commercially available cartridge ammunition; S. 3(1) def. of antique handgun collectors licence inserted by No. 78/2005 s. 3(1)(a). s. 3 antique handgun collectors licence means a licence issued under section 21B; S. 3(1) def. of approved club amended by No. 28/2003 s. 3(1)(d). approved club means a club approved by the Chief Commissioner under section 10(3); S. 3(1) def. of approved firearms collectors club inserted by No. 28/2003 s. 3(1)(c). approved firearms collectors club means a person or body approved by the Chief Commissioner under section 123H; S. 3(1) def. of approved handgun target shooting club inserted by No. 28/2003 s. 3(1)(c). approved handgun target shooting club means a person or body approved by the Chief Commissioner under section 123A;
S. 3(1) def. of approved handgun target shooting match inserted by No. 28/2003 s. 3(1)(c), substituted by Nos 78/2005 s. 3(1)(b), 52/2010 s. 3(1)(a), amended by No. 12/2012 s. 7(1). approved handgun target shooting match means— (a) a competitive target shooting match approved by the Chief Commissioner that is conducted by an approved handgun target shooting club at an approved shooting range; or (b) a handgun target shooting match conducted in another State or a Territory or a place outside Australia that is recognised by the Chief Commissioner under section 16(12)(a) to be an approved handgun target shooting match; approved shooting range means a shooting range approved by the Chief Commissioner under section 179; S. 3(1) def. of armed guard activity inserted by No. 50/2007 s. 3(1)(a). s. 3 armed guard activity means the activity, performed by a person acting as a security guard, of protecting, watching or guarding any property while being in possession of a firearm; S. 3(1) def. of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch. item 26.1). * * * * * S. 3(1) def. of black powder handgun inserted by No. 78/2005 s. 3(1)(a). black powder handgun means a handgun that— (a) uses black powder to propel a projectile; and (b) is not capable of being loaded with or discharging breech-loaded metallic cartridges;
(e) any other firearm prescribed for the purposes of this category; (f) any other firearm that is declared under section 3A(1) to be a category D longarm; (g) any other firearm that is declared under section 3B(1)(a) to be a category D longarm; S. 3(1) def. of category E handgun inserted by No. 28/2003 s. 3(1)(c), amended by No. 50/2007 s. 3(1)(d). category E handgun means any of the following— (a) a machine gun that is a handgun; (b) any handgun prescribed for the purposes of this category; (c) any other firearm that is declared under section 3A(1) to be a category E handgun; s. 3 S. 3(1) def. of category E longarm amended by Nos 22/1998 s. 4(c), 28/2003 s. 3(1)(e), 50/2007 s. 3(1)(e), 21/2008 s. 7(b). category E longarm means any of the following— (a) a machine gun that is a longarm; (b) a tear gas gun or projector; (c) a shotgun or rifle with a length of less than 75 centimetres measured parallel to the barrel; (d) a mortar, bazooka, rocket propelled grenade or similar large calibre military firearm designed to fire an explosive or projectile or any other similar prescribed firearm; (da) a cannon which is not a black powder ball firing cannon; (e) any other firearm prescribed for the purposes of this category;
government or government agency, a body corporate or a charitable or benevolent organisation); drug has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of firearm amended by Nos 22/1998 s. 4(d), 28/2003 s. 3(1)(f), 50/2007 s. 3(1)(f), 52/2010 s. 3(1)(c), 12/2012 s. 7(2). firearm means any device, whether or not assembled or in parts— (a) which is designed or adapted, or is capable of being modified, to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means; and s. 3 (b) whether or not operable or complete or temporarily or permanently inoperable or incomplete— and which is not— (c) an industrial tool powered by cartridges containing gunpowder or compressed air or other gases which is designed and intended for use for fixing fasteners or plugs or for similar purposes; or (d) a captive bolt humane killer; or (e) a spear gun designed for underwater use; or (f) a device designed for the discharge of signal flares; or * * * * *
S. 3(1) def. of prohibited person amended by Nos 84/1997 s. 42(b), 22/1998 s. 4(f), 30/1999 s. 30, 28/2003 s. 3(1)(i), 50/2007 s. 3(1)(g), 52/2008 s. 245, 68/2008 s. 70, 53/2010 s. 221(Sch. item 5.1), 65/2011 s. 107(Sch. items 6.1, 6.2) (as amended by No. 43/2012 s. 3(Sch. item 47.4)), 55/2014 s. 87(1), 55/2014 s. 147. prohibited person means— s. 3 (a) a person who is serving a term of imprisonment for— (i) an indictable offence; or (ii) an assault; or (iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981; or (iiia) an offence under the Control of Weapons Act 1990— or, in relation to a person— (iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or (v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or (b) a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person— (i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or
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 (c) any period during which a person has been released on parole under the Corrections Act 1986; and
S. 6(3) amended by No. 28/2003 s. 5(3). s. 6 (3) A non-prohibited person must not possess, carry or use a category C longarm that is registered unless that person does so under and in accordance with a licence issued under this Part. 240 penalty units or 4 years imprisonment. S. 6(4) amended by No. 28/2003 s. 5(4). (4) A non-prohibited person must not possess, carry or use a category D longarm that is registered unless that person does so under and in accordance with a licence issued under this Part. 240 penalty units or 4 years imprisonment. S. 6(5) amended by No. 28/2003 s. 5(5). (5) A non-prohibited person must not possess, carry or use a category E longarm that is registered unless that person does so under and in accordance with a licence issued under this Part. 600 penalty units or 7 years imprisonment. S. 6(5A) inserted by No. 78/2005 s. 4. (5A) A non-prohibited person must not possess carry or use a paintball marker unless that person does so under and in accordance with a licence issued under this Part. 120 penalty units or 2 years imprisonment. S. 6(6) substituted by No. 28/2003 s. 5(6). (6) A non-prohibited person must not possess, carry or use a longarm that is not a category A, B, C, D or E longarm. 240 penalty units or 4 years imprisonment.
S. 16(14) inserted by No. 52/2010 s. 5(2), amended by No. 12/2012 s. 10(5). (14) The participation by a person in a handgun target shoot conducted in another State or a Territory or a place outside Australia that the Chief Commissioner has recognised under subsection (12)(b) does not count as participation in a handgun target shoot for the purposes of this section unless the Chief Commissioner is satisfied that the person participated in that handgun target shoot. S. 16(15) inserted by No. 52/2010 s. 5(2), amended by No. 12/2012 s. 10(6). (15) A person who participates in a handgun target shooting match or a handgun target shoot conducted in another State or a Territory or a place outside Australia must provide evidence of the participation and details of each weapon used to the approved handgun target shooting club of which the person is a member or, if the person is a member of more than one such club, the club which has been nominated by the person as his or her principal club. Note to s. 16(15) amended by No. 12/2012 s. 10(7). Note Under section 123C a handgun target shooting club must report to the Chief Commissioner the participation by its members in any handgun target shooting matches or handgun target shoots conducted in another State or a Territory or a place outside Australia. S. 16(16) inserted by No. 52/2010 s. 5(2), amended by No. 12/2012 s. 10(8). (16) The Chief Commissioner may, at any time before deciding whether or not a person has participated in a handgun target shooting match or a handgun target shoot conducted in another State or a Territory or a place outside Australia, require the person to produce evidence of that participation. S. 16A inserted by No. 28/2003 s. 11. 16A Issue of handgun licences for category E handguns s. 16A (1) The Chief Commissioner may licence a person to possess, carry or use category E handguns for the reason specified in the licence. (2) The Chief Commissioner must not issue a licence for category E handguns unless—
(d) possesses more than 10 handguns manufactured before 1 January 1947, and the addition of handguns manufactured on or after 1 January 1947 will increase the historical value and significance of the collection; and (e) can demonstrate that the proposed increase of the collection is safe in all the circumstances. S. 21B inserted by No. 78/2005 s. 17. 21B Issue of antique handgun collectors licences s. 21B S. 21B(1) amended by No. 50/2007 s. 11(1). (1) The Chief Commissioner may licence a person to possess or carry antique handguns (that are not single shot antique handguns) for the purpose of collecting any such handguns. (2) The Chief Commissioner must not issue a licence under subsection (1) unless the applicant— S. 21B(2)(a) amended by No. 50/2007 s. 11(2). (a) is and has been a member of an approved firearms collectors club that deals with the classes of firearms the person proposes to collect; and (b) can demonstrate that the firearms collected will be of obvious and significant commemorative, historical, investment or thematic value; and (c) is a member of an approved firearms collectors club, a nominated officer of which has endorsed the application, on behalf of the club.
S. 42(2)(ba) inserted by No. 52/2010 s. 12. (ba) if the applicant is not ordinarily resident in Victoria unless— (i) the Chief Commissioner is satisfied that the applicant requires the licence for work purposes in ; and (ii) the applicant is not a person to whom section 185(2A) or (2B) applies; or (c) unless the Chief Commissioner is satisfied that— (i) the applicant and all responsible persons in relation to the application are fit and proper persons; and (ii) the applicant can comply with the storage requirements set out by or under the Act; and S. 42(2)(c)(iii) amended by No. 22/1998 s. 16. (iii) the renewal of the licence is not against the public interest; or (d) for any prescribed reason. S. 42(3) inserted by No. 55/2014 s. 94. (3) An applicant, or a responsible person in relation to an application, is presumed not to be a fit and proper person for the purposes of subsection (2)(c)(i) if he or she is a declared organisation member. S. 42(4) inserted by No. 55/2014 s. 94. (4) A presumption under subsection (3) may be rebutted. 43 Circumstances in which the Chief Commissioner may alter or vary conditions on a licence The Chief Commissioner may alter or vary the conditions on the licence— (a) if the applicant can no longer demonstrate that he or she has the reason for which, in
(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
(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 handgun or ammunition. s. 53B (3) Despite the surrender or seizure of a handgun or ammunition under this section, the person who has surrendered the handgun or ammunition or from whom the handgun or ammunition has been seized continues to be the owner of the handgun or ammunition. S. 53B(4) inserted by No. 50/2007 s. 19. (4) If a person has surrendered a handgun or ammunition under this section or if a handgun or ammunition has been seized from a person under this section, that person must dispose of that handgun or ammunition to a licensed firearms dealer within 56 days of service of the notice from the Chief Commissioner under section 52B. 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 s. 54 (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. 72(5B) inserted by No. 22/1998 s. 20. (5B) In subsection (5A) partnership has the same meaning as in section 5 of the Partnership Act 1958. (6) The Chief Commissioner may renew or refuse to renew a licence and, if a licence is to be renewed, the Chief Commissioner may alter or vary the conditions on the licence or impose further conditions on the licence. S. 73 amended by No. 55/2014 s. 98 (ILA s. 39B(1)). 73 General discretion of Chief Commissioner to refuse to renew a dealers licence (1) The Chief Commissioner must not renew a dealers licence— S. 73(1)(a) amended by No. 28/2003 s. 35(a). s. 73 (a) if the applicant, any close associate of the applicant or any responsible person in relation to the application is a prohibited person; or (b) unless the Chief Commissioner is satisfied that— S. 73(1)(b)(i) amended by No. 28/2003 s. 35(b). (i) the applicant, all close associates of the applicant, all the responsible persons in relation to the application and any persons employed in the business are fit and proper persons; and (ii) the premises specified in the application are suitable to carry on the business of being a firearms dealer; and S. 73(1)(b)(iii) amended by No. 22/1998 s. 21. (iii) the issue of the licence is not against the public interest; or (c) for any prescribed reason. S. 73(2) inserted by No. 55/2014 s. 98. (2) A person referred to in subsection (1)(b)(i) is presumed not to be a fit and proper person for the purposes of that paragraph if he or she is a declared organisation member.
1200 penalty units or 10 years imprisonment. 96 Prohibition on disposal of firearm except to licensed firearms dealer S. 96(1) amended by No. 28/2003 s. 41(1). s. 96 (1) A person who is not a licensed firearms dealer must not dispose of a category A or B 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. 120 penalty units or 2 years imprisonment. S. 96(1A) inserted by No. 78/2005 s. 40. (1A) A person who is not a licensed firearms dealer must not dispose of a paintball marker to a person who is not a licensed firearms dealer, unless the person who is disposing of the paintball marker engages a licensed firearms dealer as his or her agent in the transaction. 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). s. 96 (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.
S. 102(2) amended by No. 28/2003 s. 45(1). (2) A person must not acquire a category C or D longarm unless that person has a permit to acquire that firearm. 120 penalty units or 2 years imprisonment. S. 102(2A) inserted by No. 28/2003 s. 45(2). (2A) A person must not acquire a general category handgun unless that person has a permit to acquire that handgun. 600 penalty units or 5 years imprisonment. (3) A person must not acquire a category E longarm unless that person has a permit to acquire that firearm. 240 penalty units or 4 years imprisonment. S. 102(3A) inserted by No. 28/2003 s. 45(3). (3A) A person must not acquire a category E handgun unless that person has a permit to acquire that handgun. 1200 penalty units or 10 years imprisonment. S. 102(4) amended by No. 28/2003 s. 45(4). (4) Subsections (1), (2), (2A), (3) and (3A) do not apply to a person who is a licensed firearm dealer. S. 102(4A) inserted by No. 55/2009 s. 17, amended by No. 82/2012 ss 96(1), 309. (4A) Subsections (1), (2) and (2A) do not apply to a senior IBAC Officer who is authorised under section 109 of the Independent Broad-based Anti-corruption Commission Act 2011 to acquire or dispose of firearms. S. 102(5) inserted by No. 84/1997 s. 45. s. 102 (5) Subsection (1) does not apply to a person— (a) who is the holder of an inter-State permit to acquire a category A or B longarm which has been issued not more than 28 days before the acquisition of the longarm; and
(b) who is acquiring a category A or B longarm in accordance with the permit; and (c) who, in order to acquire the longarm, personally attends at the premises where the dealer— (i) from whom the longarm is being acquired; or (ii) who is acting as agent in the transaction— (as the case requires) carries on business. S. 102(6) inserted by No. 84/1997 s. 45. (6) Subsection (2) does not apply to a person— S. 102(6)(a) amended by No. 28/2003 s. 45(5). s. 102 (a) who is the holder of an inter-State permit to acquire a category C longarm which has been issued not more than 28 days before the acquisition of the firearm; and S. 102(6)(b) amended by No. 28/2003 s. 45(5). (b) who is acquiring a category C longarm in accordance with the permit; and (c) who, in order to acquire the firearm, personally attends at the premises where the dealer— (i) from whom the firearm is being acquired; or (ii) who is acting as agent in the transaction— (as the case requires) carries on business.
S. 104(1) (d)(iii)(B) amended by Nos 22/1998 s. 24(b), 28/2003 s. 46(1)(c). s. 104 (B) if the application is for a shotgun or a pump action shotgun and the applicant holds the relevant licence for a reason set out in section 11(1)(a)(i), (ii) or (iv), the applicant does not possess another semi-automatic shotgun or pump action shotgun; or S. 104(1)(e) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(a)(i). (e) in the case of an application for a permit to acquire a handgun by a person who has held a handgun target shooting licence for a period of 6 months or less, for any general category handgun other than— (i) a 177 inch calibre air handgun, if the applicant has not already acquired such a handgun; or (ii) a 22 inch calibre handgun or a centre fire handgun, if the applicant has not already acquired a handgun of either such class; or S. 104(1)(e)(iii) inserted by No. 78/2005 s. 44(a)(ii). (iii) a black powder handgun that is muzzle loading, if the applicant has not already acquired such a handgun; or S. 104(1)(f) inserted by No. 28/2003 s. 46(2), amended by No. 78/2005 s. 44(b). (f) in the case of an application for a permit to acquire a handgun by a person who holds a handgun target shooting licence— (i) unless a nominated officer of an approved handgun target shooting club, of which the applicant is and has been a member for the period of 6 months immediately preceding the application, has endorsed the application; or s. 104 (ii) if the applicant has not been a member of an approved handgun target shooting club for the period of 6 months
(3) Cancellation of a permit under this section has effect from the time at which notice under subsection (2) is served. 112 Surrender of firearms acquired under cancelled permit S. 112(1) amended by No. 37/2014 s. 10(Sch. item 63.5). (1) If a permit to acquire is surrendered or cancelled, the person to whom it was issued must immediately surrender to a police officer— (a) the permit; and (b) any firearm acquired under the permit. 60 penalty units or 12 months imprisonment. (2) Despite the surrender or seizure of a firearm under this section, the person who has surrendered the firearm or from whom the firearm has been seized continues to be the owner of the firearm. S. 112(3) amended by No. 26/1997 s. 25. (3) If the permit of a person who has surrendered a firearm or from whom a firearm has been seized, is cancelled, that person must dispose of the firearm to a licensed firearms dealer within 28 days of the cancellation of the permit. s. 112 60 penalty units or 12 months imprisonment. _______________ 113 Keeping of register s. 113 (1) The Chief Commissioner must keep a register of each firearm kept within the State. (2) The register is to be called the firearms register. S. 113(3) amended by No. 50/2007 s. 29(1). (3) The following particulars must be included in the firearms register (to the extent that the particulars
(b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item. s. 121 120 penalty units or 2 years imprisonment. S. 121(2A) inserted by No. 22/1998 s. 28(2), amended by No. 28/2003 s. 49(2). (2A) A person who possesses cartridge ammunition under a handgun licence for a general category handgun or a longarm licence for a category C or D longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used— (a) in the manner provided for in item 2 of Schedule 4; or (b) in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item. 120 penalty units or 2 years imprisonment. S. 121(3) amended by No. 28/2003 s. 49(3). (3) A person who possesses a firearm under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that firearm, when the firearm is not being carried or used, in the manner provided for by the Chief Commissioner in the licence. 240 penalty units or 4 years imprisonment. S. 121(3A) inserted by No. 22/1998 s. 28(3), amended by No. 28/2003 s. 49(4). (3A) A person who possesses cartridge ammunition under a handgun licence for a category E handgun or under a longarm licence for a category E longarm must store that cartridge ammunition, when the cartridge ammunition is not being carried or used in the manner provided for by the Chief Commissioner in the licence. 240 penalty units or 4 years imprisonment.
S. 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. s. 123 (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. s. 123A 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
(b) the names of all persons who were, at any time during the year, members of the club; and S. 123C(1)(c) amended by No. 78/2005 s. 47(2)(d). (c) in respect of each such member of the club, if— (i) the club is the only approved handgun target shooting club of which that person is a member; or (ii) if the club has been nominated by the member as his or her principal club— details of— S. 123C(1) (c)(iii) amended by No. 78/2005 s. 47(2)(b). (iii) each approved handgun target shooting match and each handgun target shoot conducted by the club that that member competed in and details of each handgun used by that member at each such match and shoot; and S. 123C(1) (c)(iv) amended by Nos 78/2005 s. 47(2)(c), 52/2010 s. 22(1). (iv) each approved handgun target shooting match and each handgun target shoot conducted by any other approved handgun target shooting club that that member competed in and details of each handgun used by that member at each such match and shoot; and S. 123C(1) (c)(v) inserted by No. 52/2010 s. 22(2), amended by No. 12/2012 s. 11. (v) each handgun target shooting match and each handgun target shoot conducted in another State or a Territory or a place outside Australia that that member competed in and details of each handgun used by that member at each such match and shoot. 20 penalty units. (2) A report under subsection (1) must be— (a) in writing; and
S. 123L(b) amended by No. 78/2005 s. 50(1)(a). (b) must not have a person as a collector member of the club unless a nominated officer of the club reasonably believes that that person has submitted to the club— (i) any records about that person kept by or on behalf of the Chief Commissioner or any person holding a position equivalent to that of the Chief Commissioner in the Commonwealth or in any other State or Territory of the Commonwealth; and (ii) two character references from people who are of or over the age of 18 years, who are of good repute and who have known the person for a minimum of 2 years; and s. 123L (iii) the names of any other approved firearms collectors clubs of which that person is a member; and S. 123L(b)(iv) amended by No. 78/2005 s. 50(1)(b). (iv) the names of any other approved firearms collectors clubs which, at any time in the 5 years immediately preceding the person becoming a collector member of the club, the person— (A) has had a membership of; or (B) has had a membership of cancelled or suspended; or (C) has been refused membership of. S. 123L(1A) inserted by No. 50/2007 s. 34(2). (1A) An approved firearms collectors club must notify the Chief Commissioner of the name of any person who has surrendered his or her membership or who has had his or her
S. 124(1) amended by No. 22/1998 s. 43(Sch. item 8(a)). (1) A person must not possess cartridge ammunition unless that person— S. 124(1)(a) amended by No. 28/2003 s. 55. (a) is the holder of a licence under this Act or a permit under section 58A; or (b) is the holder of a licence to keep explosives for sale and to sell explosives issued under the Dangerous Goods Act 1985; or (c) is not required to have a licence under this Act in order to possess a firearm. 40 penalty units. S. 124(2) amended by No. 22/1998 s. 43(Sch. item 8(b)). (2) The holder of a licence under this Act (other than a firearms ammunition collectors licence), must not possess cartridge ammunition which is not suitable for use in the category of firearms that 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 s. 125 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 (1) A person who is carrying or using a category A or B longarm must— (a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and (b) must take reasonable precautions to ensure that the firearm is not lost or stolen. 60 penalty units or 12 months imprisonment. S. 126(2) amended by No. 28/2003 s. 56(1). (2) A person who is carrying or using a category C or D longarm or a general category handgun must— s. 126 (a) ensure that the firearm is carried and used in a manner that is secure and is not dangerous; and (b) must take reasonable precautions to ensure that the firearm is not lost or stolen.
(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the prescribed form under that Act. (5) The rules to be observed with respect to search warrants set out by or under the Magistrates' Court Act 1989 extend and apply to warrants under this section. S. 146(6) inserted by No. 25/2009 s. 9(4), amended by No. 37/2014 s. 10(Sch. item 63.9(c)). (6) Nothing in this section or section 147 or 148 limits the power of a police officer under section 149. s. 147 147 Announcement before entry S. 147(1) substituted by No. 25/2009 s. 10(1), amended by No. 37/2014 s. 10(Sch. item 63.10(a)). (1) Before executing a search warrant, the police officer named in the warrant or person assisting must— (a) announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and (b) give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle. S. 147(2) amended by Nos 25/2009 s. 10(2), 37/2014 s. 10(Sch. item 63.10(b)). (2) The police officer or a person assisting the police officer need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises or the vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated.
S. 148 (Heading) inserted by No. 25/2009 s. 11(1). S. 148 amended by No. 25/2009 s. 11(2) (ILA s. 39B(1)). 148 Copy of warrant to be given to occupier or person in charge of vehicle S. 148(1) amended by No. 37/2014 s. 10(Sch. item 63.11(a)(i)). (1) If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the police officer must— S. 148(1)(a) amended by No. 37/2014 s. 10(Sch. item 63.11(a)(ii)). (a) identify himself or herself to the person as a police officer; and (b) give that person a copy of the execution copy of the warrant. S. 148(2) inserted by No. 25/2009 s. 11(2), amended by No. 37/2014 s. 10(Sch. item 63.11(b)(i)). (2) If there is a person in charge of the vehicle located in a public place when a search warrant is being executed, the police officer must— S. 148(2)(a) amended by No. 37/2014 s. 10(Sch. item 63.11(b)(ii)). (a) identify himself or herself to the person as a police officer; and (b) give the person a copy of the execution copy of the warrant. s. 148
S. 153A inserted by No. 26/1997 s. 29. 153A Authorised officers under the Conservation, Forests and Lands Act 1987 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 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. 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 (ii) in another State or a Territory, the Supreme Court; and (b) in the case of a person to whom subsection (1A) applies—
in relation to any period occurring on or after the commencement of this section and, unless inconsistent with the context or subject matter, a reference to the Firearms Act 1958 must be taken to be a reference to the Firearms Act 1996. 195 Licences authorities permits and schemes s. 195 (1) On and from the coming into operation of this section— (a) an authority which— (i) is given by the Registrar under section 32(1) of the old Act for a firearm which is a category C longarm for the purposes of this Act; and (ii) is in force immediately before the commencement of this Act; and (iii) is not held by the holder of a gun dealer's licence within the meaning of the old Act— is deemed to— (iv) be a longarms licence for a category C longarm and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and (v) continue in force, unless sooner suspended or cancelled in accordance
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
Item No. Column 1 Persons Column 2 Circumstances (b) for the purposes of obtaining a general category handgun licence for a reason set out in section 15(1)— and who has not received any such instruction on more than nine previous occasions. 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. 5A A person who is of or over the age of 12 years and under the age of 18 years— (a) who is receiving instruction in the use of a general category handgun by or under the immediate supervision of a person— (i) who is the holder of a general category handgun licence; and When carrying or using a general category handgun at an approved shooting range. (ii) who has written consent to give the instruction from a parent or guardian of the person who is receiving the instruction; and Sch. 3
(b) which, if it weighs less than 150 kilograms when it is empty, must be fixed to the frame of the floor or the wall of the premises where the firearm is kept in such a manner that it is not easily removable; and (c) which, when any firearm is stored in it, is locked with a lock of sturdy construction. Sch. 4 item 1(2) substituted by No. 50/2007 s. 56(1). (2) If more than 15 firearms are stored on the premises where the firearm is stored, the premises must be fitted with an intruder alarm system— (a) the installation, maintenance and operation of which complies with Australian Standard 2201.1:2007 (as amended from time to time); and (b) which, in the event of an intrusion, activates an audible alarm warning device and an external visible alarm warning light. Sch. 4 item 1(3) amended by No. 22/1998 s. 43(Sch. item 17(a)). (3) Any cartridge ammunition for the firearm must be stored in a locked container separate from the receptacle in which the firearm must be stored. Sch. 4 item 1(4) inserted by No. 50/2007 s. 56(2). (4) Subject to section 121, a firearm that is possessed, carried or used by a holder of a handgun security guard licence who is employed as a security guard must be stored by the person who employs the holder of the licence as a security guard at premises belonging to, or occupied by, the employer. Sch. 4 item 2 (Heading) inserted by No. 28/2003 s. 75(1). 2 Longarm licences for category C or category D longarms and handgun licences for general category handguns Sch. 4 (1) The firearm must be stored in a steel safe— (a) which is of a thickness that is not easily penetrable; and