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 of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch.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;
(b) 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 or in any other country; licensed firearms dealer means a person who is the holder of a dealers licence; licensed premises in relation to dealers licence, means the premises specified in dealers licence; longarm means any firearm other than a handgun; longarm licence means a licence issued under section 9; machine gun means a firearm which can fire more than one projectile with a single pressure of the trigger or other like appliance; S. 3(1) def. of member of staff of the Office of Police Integrity inserted by No. 34/2008 s. 143(Sch. 2 item 7.1), repealed by No. 82/2012 s. 94(1). * * * * * S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 63.1(c)). * * * * *
(b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate— but does not include an employee of the body corporate; S. 3(1) def. of paintball inserted by No. 78/2005 s. 3(1)(a). paintball means a projectile that primarily consists of a dye or similar substance designed to mark a person or object; S. 3(1) def. of paintball marker inserted by No. 78/2005 s. 3(1)(a). paintball marker means a firearm that is designed to discharge a paintball; S. 3(1) def. of paintball marker licence inserted by No. 78/2005 s. 3(1)(a). paintball marker licence means a licence issued under section 9(6); S. 3(1) def. of percussion inserted by No. 78/2005 s. 3(1)(a). percussion means a means of ignition in a firearm in which metallic chemical compounds or fulminates are used to ignite the main powder charge; permit to acquire means a permit issued under section 103; S. 3(1) def. of pest animal inserted by No. 22/1998 s. 4(g). pest animal has the same meaning as in the Catchment and Land Protection Act 1994; S. 3(1) def. of pest animal repealed by No. 30/1999 s. 32(a). * * * * *
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 63.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; possession in relation to a firearm, includes— (a) actual physical possession of the firearm; or (b) custody or control of the firearm; or (c) having and exercising access to the firearm, either solely or in common with others; S. 3(1) def. of 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;
(d) any period of detention in a youth justice centre; S. 3(1) def. of vehicle inserted by No. 25/2009 s. 8(b), amended by No. 52/2010 s. 3(1)(d). vehicle includes motor vehicle, aircraft and vessel; S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 63.1(a)). Victoria Police employee has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of work purposes in inserted by No. 52/2010 s. 3(1)(b). work purposes in , in relation to the requirement to hold a firearm licence, means that the applicant or the holder of the licence, as the case may be— (a) is required under a contract of employment or a contract for services to hold a Victorian firearm licence; or (b) in the normal course of conducting a business is required to hold a Victorian firearm licence. S. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 8.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 23.2). (1A) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the
S. 6(3) amended by No. 28/2003 s. 5(3). (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. 6A inserted by No. 28/2003 s. 6. 6A Offence to possess, carry or use an unregistered longarm S. 6A(1) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(a)). (1) A non-prohibited person must not possess, carry or use a category A or category B longarm that is not registered. For a first offence, 120 penalty units or 2 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. S. 6A(2) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(b)). (2) A non-prohibited person must not possess, carry or use a category C or category D longarm that is not registered. For a first offence, 240 penalty units or 4 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. S. 6A(3) amended by No. 29/2011 s. 3(Sch. 1 item 38.1(c)). (3) A non-prohibited person must not possess, carry or use a category E longarm that is not registered. For a first offence, 600 penalty units or 7 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. S. 6A(4) inserted by No. 78/2005 s. 5. (4) A non-prohibited person must not possess, carry or use a paintball marker that is not registered. For a first offence, 120 penalty units or 2 years imprisonment;
S. 7B(1) amended by No. 29/2011 s. 3(Sch. 1 item 38.2(a)). For a first offence, 600 penalty units or 7 years imprisonment; For a second or subsequent offence, 1200 penalty units or 10 years imprisonment. (2) A person must not possess, carry or use a category E handgun that is not registered. S. 7B(2) amended by No. 29/2011 s. 3(Sch. 1 item 38.2(b)). For a first offence, 1800 penalty units or 14 years imprisonment; For a second or subsequent offence, 2100 penalty units or 17 years imprisonment. S. 7C inserted by No. 28/2003 s. 8. 7C Possession of a traffickable quantity of unregistered firearms (1) A person must not possess more than 10 firearms that are not registered. 1200 penalty units or 10 years imprisonment. (2) Subsection (1) does not apply if, in respect of any one of the 10 firearms, the person has given a notice to the Chief Commissioner under section 115. S. 7C(3) amended by No. 12/2012 s. 9. (3) A person who is convicted or found guilty of an offence against subsection (1) is not liable to be convicted or found guilty of an offence against section 5(1), section 6A(1), (2) or (3) or section 7B(1) or (2) in respect of possession of the same firearms at the same time. S. 8 amended by No. 22/1998 s. 43(Sch. item 1). 8 Offence to acquire, dispose of possess or carry cartridge ammunition for collections A person must not acquire, dispose of, possess or carry cartridge ammunition for the purposes of collecting cartridge ammunition unless that person
(c) unless the Chief Commissioner is satisfied that— (i) the applicant and all the responsible persons in relation to the application are fit and proper persons; and S. 17(1)(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(1)(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(1)(c)(v) amended by No. 22/1998 s. 10(b). (v) the issue of the licence is not against the public interest; or
instruction in the use of such firearms or engaging in sport or target shooting competitions. S. 18(2) inserted by No. 26/1997 s. 20(2). (2) The Chief Commissioner must not issue a junior licence which authorises the carriage or use of a category C longarm, being a shotgun, unless the applicant can demonstrate that the licence is required for the reason of clay target shooting. S. 18(2A) inserted by No. 28/2003 s. 13(2). (2A) The Chief Commissioner must not issue a junior licence which authorises the carriage or use of a general category handgun, unless the applicant can demonstrate that the licence is required for the reason of handgun target shooting. S. 18(3) inserted by No. 26/1997 s. 20(2). (3) For the purposes of demonstrating that a junior licence is required for the reason of clay target shooting, the applicant must— (a) be a member of a clay target shooting club or organisation approved by the Chief Commissioner; and S. 18(3)(b) substituted by No. 22/1998 s. 11(3). (b) engage in clay target shooting only at a place which is authorised by or under this Act as a place at which clay target shooting may take place; and (c) demonstrate other prescribed requirements. S. 18(4) inserted by No. 28/2003 s. 13(3). (4) For the purpose of demonstrating that a junior licence is required for the reason of handgun target shooting, the applicant— (a) must be and continue to be a member of an approved handgun target shooting club; and (b) if the applicant is not, at the time of the application, the holder of a licence in another State or a Territory of the Commonwealth that authorises the carriage or use of handguns for the reason of target shooting, must, for the period of 6 months immediately
S. 39(1) amended by No. 50/2007 s. 14(1). (1) A licence under this Part, other than a longarm licence for a category C, D or E longarm or a junior licence continues in force for the period, not exceeding 5 years from the issue or renewal of the licence, that is specified in the licence unless it is sooner surrendered, suspended or cancelled. S. 39(2) amended by No. 50/2007 s. 14(2). (2) A longarm licence for a category C, D or E longarm continues in force for the period, not exceeding 3 years from the issue or renewal of the licence, that is specified in the licence unless it is sooner surrendered, suspended or cancelled. S. 39(3) amended by No. 50/2007 s. 14(3). (3) A junior licence continues in force for the period of 3 years from the issue or renewal of the licence or until the holder turns 18 years of age (whichever is the earlier) unless it is sooner surrendered, suspended or cancelled. 40 Requirement to notify Chief Commissioner of change of nominated person (1) If the person nominated in an application under section 31 becomes a prohibited person during the course of a licence, the holder of the licence must nominate another person to be responsible for the storage and day to day management of firearms possessed under that licence and must immediately notify the Chief Commissioner of that nomination. 60 penalty units or 12 months imprisonment. (2) At any time during the course of a licence, the holder of the licence may nominate a person to replace the person nominated in the application under section 31 and must immediately notify the Chief Commissioner of that nomination. 20 penalty units. (3) A notice under this section must—
(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
cartridge ammunition or from whom the firearm or cartridge ammunition has been seized continues to be the owner of the firearm or cartridge ammunition. S. 53(4) substituted by No. 26/1997 s. 23, amended by Nos 84/1997 s. 43, 22/1998 s. 43(Sch. item 3). (4) If a person has surrendered a firearm or cartridge ammunition under this section or if a firearm or cartridge ammunition has been seized from a person under this section, that person must dispose of that firearm or cartridge ammunition to a licensed firearms dealer— S. 53(4)(a) substituted by No. 52/2008 s. 247. (a) if the surrender or seizure is as a consequence of the making of a final order under the Family Violence Protection Act 2008— (i) within 3 months of the making the order; or (ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or S. 53(4)(ab) inserted by No. 68/2008 s. 74, amended by No. 53/2010 s. 221(Sch. item 5.2). (ab) if the surrender or seizure is as a consequence of the making of a final order under the Personal Safety Intervention Orders Act 2010— (i) within 3 months of making the order; or (ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or (b) if the surrender or seizure is as a consequence of a decision of the Chief Commissioner to cancel or suspend a licence—
(i) if no application for review has been made against the decision, within 28 days of the making of the decision; or (ii) if an application for review of the decision has been made, within 28 days of the confirmation of the decision under that procedure; or S. 53(4)(b)(iii) inserted by No. 22/1998 s. 17(1). (iii) if an application for a declaration has been made under section 189(1A) within 56 days of the making of the decision, within 28 days of the making of a decision not to make that declaration; or (c) if the surrender or seizure is as a consequence of any other cancellation of a licence, within 28 days of the cancellation. 60 penalty units or 12 months imprisonment. S. 53(5) inserted by No. 26/1997 s. 23. (5) If a person— (a) has made an application for a declaration under section 189 before the commencement of this section but that application has not been determined before that commencement; or (b) makes an application for a declaration under section 189 within 56 days of the commencement of this section— for the purposes of subsection (4)(a)(ii), that person is deemed to have made that application within 56 days of the making of the order. S. 53(6) inserted by No. 22/1998 s. 17(2). (6) If a person makes an application for a declaration under section 189(1A) within 56 days of the commencement of section 39 of the Firearms (Amendment) Act 1998, for the purposes of
(3) If a firearm has been seized under Part 5.8A of the Education and Training Reform Act 2006 in the circumstances set out in subsection (2), the principal must, as soon as possible— S. 54AB(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.5). (a) advise a police officer of the seizure of the item; and S. 54AB(3)(b) amended by No. 37/2014 s. 10(Sch. item 63.5). (b) if so requested by the police officer, surrender the item to a police officer. (4) In this section, public place includes any premises where students are engaged in a teacher supervised activity. S. 54A inserted by No. 78/2005 s. 29. 54A Exemptions from certain licence conditions (1) The Chief Commissioner may exempt the holder of a handgun target shooting licence from being required to comply with a condition specified in section 16(2), (3) or (5), if the Chief Commissioner is satisfied that the person is unable to do so because— (a) the person has a temporary physical incapacity; or (b) the person is to be absent from the State for a substantial period of time; or (c) for any other reasonable reason. (2) An exemption under this section remains in force for the period specified by the Chief Commissioner in the exemption. (3) In granting an exemption under this section the Chief Commissioner must determine whether the handguns to which the exemption applies are to be
S. 56(2) amended by No. 22/1998 s. 43(Sch. item 4(b)). (2) The Chief Commissioner may grant a permit under subsection (1), if the Chief Commissioner is satisfied that the arrangements made for the secure storage of the firearms or cartridge ammunition while on display are adequate. permit authorises— S. 56(3)(a) amended by No. 22/1998 s. 43(Sch. item 4(b)). (a) display of the firearms or cartridge ammunition at the premises specified in the permit and for the period specified in the permit; and 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— (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.
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 (c) in the case of a firearm in respect of which the dealer is acting as an agent for the person acquiring the firearm— (i) where the case so requires, the permit to acquire; and (ii) the prescribed particulars about the person who is acquiring the firearm, and the licence number or other evidence of the person's authority to possess the firearm; and S. 87(2)(c)(iii) amended by No. 52/2010 s. 19(c). (iii) the make, type, calibre, action, serial number and, where known or available, model of the firearm; and (d) in the case of a firearm in respect of which the dealer is acting as an agent for the person disposing of the firearm—
S. 123K inserted by No. 28/2003 s. 53. 123K Approved firearms collectors clubs—Reports to the Chief Commissioner as to unfit members (1) If the nominated officers of an approved firearms collectors club believe— (a) that a person who is a member of the club is not a fit and proper person to possess, carry or use a firearm; and (b) that that person— (i) has a category 1 or category 2 firearms collectors licence under this Act; or (ii) intends to apply for such a licence; or (iii) possesses or intends to possess a firearm— the nominated officers must so advise the Chief Commissioner. (2) If an approved firearms collectors club cancels or suspends the membership of a person, within 7 days of cancelling or suspending that membership, a nominated officer, on behalf of the club, must so notify the Chief Commissioner and must advise the Chief Commissioner of the reasons for cancelling or suspending that membership. S. 123L (Heading) amended by No. 50/2007 s. 34(1). S. 123L inserted by No. 28/2003 s. 53, amended by No. 78/2005 s. 50(2) (ILA s. 39B(1)). 123L Approved firearms collectors clubs—Requirements as to members and former members (1) An approved firearms collectors club— (a) must not admit a person as a member of the club if the person is a prohibited person; 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 (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
membership suspended or cancelled, within 7 days of that surrender, suspension or cancellation. S. 123L(2) inserted by No. 78/2005 s. 50(2). (2) In this section, collector member of the club means a member of the club who collects firearms. Division 3—General provisions applying to approvals under this Part S. 123M inserted by No. 28/2003 s. 53. 123M Application for an approval under this Part (1) An application for an approval under this Part must be in a form and manner approved by the Chief Commissioner. (2) An applicant must pay the fee prescribed for the application. S. 123N inserted by No. 28/2003 s. 53. 123N Requirement to nominate officers S. 123N(1) amended by No. 78/2005 s. 51. (1) In an application for an approval under Division 1 or 2 of this Part, the applicant must nominate one or more persons, who are officers of the applicant, to be nominated officers for the purposes of this Act. (2) If, at any time during the course of an approval under this Part, there ceases to be an officer of the club who is a nominated officer, the club must nominate an officer to be a nominated officer and must immediately notify the Chief Commissioner of that nomination.
(e) if the holder is a licensed firearms dealer, the address where he or she carries on the business to which the licence relates— within 14 days after the change occurs. 30 penalty units. 140 Requirement to notify Chief Commissioner of loss etc. The holder of a licence must notify the Chief Commissioner of any loss, theft or destruction of a firearm in the holder's possession within 24 hours after becoming aware of that loss, theft or destruction. 30 penalty units. S. 140A (Heading) inserted by No. 28/2003 s. 62(1). S. 140A inserted by No. 22/1998 s. 34, amended by No. 28/2003 s. 62(2)(3) (ILA s. 39B(1)). 140A Making false or misleading statements or using false or misleading information (1) A person must not knowingly make a statement in an application under this Act which is false or misleading in any material particular. 240 penalty units or 4 years imprisonment. S. 140A(2) inserted by No. 28/2003 s. 62(3). (2) A person must not, when required to identify himself or herself for the purposes of this Act, make a false or misleading statement or use false or misleading information. 240 penalty units or 4 years imprisonment. S. 140A(3) inserted by No. 50/2007 s. 40. (3) A person must not knowingly or recklessly make a statement in support of the application of another person under this Act which is false or misleading in any material particular. 240 penalty units or 4 years imprisonment.
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.
(5) An authorised officer may institute a prosecution against any person for a breach of this section. S. 153A(5A) inserted by No. 9/2003 s. 11(4). (5A) An authorised officer who institutes a prosecution referred to in subsection (5) may appear in the proceeding by any other authorised officer. (6) In this section authorised officer means any person appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987. S. 153B inserted by No. 9/2003 s. 12. 153B Duty to make records concerning searches (1) An authorised officer within the meaning of section 153A who conducts a search under section 153A(1) must make a written record of the search containing the prescribed particulars. (2) The record must be made immediately after the completion of the search or, if that is not practicable, as soon as practicable after the completion of the search. (3) A person subjected to a search under section 153A(1) is entitled, on request and without charge, to a copy of the record of the search if the request is made not later than 1 year after the date of the search. (4) A request under subsection (3) is made to the officer in charge of the place of employment, referred to in section 153A(1A)(a), of the authorised officer who conducted the search. S. 153C inserted by No. 9/2003 s. 12. 153C Annual reports (1) The Chief Commissioner of Police must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of searches without warrant under section 149 conducted during that financial year; and
lawfully owned immediately before it became unlawful to own that firearm. (2) A payment made under a scheme approved by the Minister under subsection (1) must be paid from the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. 189 Application to be deemed not to be a prohibited person S. 189(1) substituted by No. 52/2008 s. 248(1). (1) A person who is a prohibited person referred to in paragraph (c)(i) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person— (a) is deemed not to be a prohibited person by virtue of being or having been subject to a final order of a kind referred to in that subparagraph; or (b) is so deemed for limited purposes only. S. 189(1AA) inserted by No. 68/2008 s. 75(1). (1AA) A person who is a prohibited person referred to in paragraph (c)(ib) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person— (a) is deemed not to be a prohibited person by virtue of being or having been subject to an order of a kind referred to in that paragraph; or (b) is so deemed for limited purposes only. S. 189(1A) inserted by No. 22/1998 s. 39(1). (1A) A person to whom paragraph (d) of the definition of prohibited person applies may apply to the Court for a declaration that the person— (a) is deemed not to be a prohibited person; or (b) is so deemed for limited purposes only. (2) The purposes for which the person is deemed not to be a prohibited person must be specified in the order.
(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 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 (b) a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; (c) any document whatever—
expired, if the old Act had continued to apply to it. (f) a pistol collector's licence, within the meaning of the old Act in force immediately before the commencement of this Act— (i) is deemed to be a firearms collectors licence and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and (ii) continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, for a period of 2 years; (g) a gun dealer's licence, within the meaning of the old Act in force immediately before the commencement of this Act— (i) is deemed to be a dealers licence with authority to deal in category A and B longarms and handguns and, except as is otherwise provided for in this paragraph, the provisions of this Act apply accordingly; and (ii) continues in force, unless sooner suspended or cancelled in accordance with the provisions of this Act, until the date on which the licence would have expired, if the old Act had continued to apply to it; (h) 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
must ensure that each firearm is registered to the holder's name. 4 Junior licences Sch. 2 item 4(1) substituted by No. 26/1997 s. 36(2). (1) If the holder of the licence— (a) is authorised to carry or use a category A or B longarm, the holder must not carry or use such a longarm except under the immediate supervision of a person who is the holder of a longarm licence for category A or B longarms; (b) is authorised to carry or use a category C longarm, the holder must not carry or use such a longarm except under the immediate supervision of a person who is the holder of a longarm licence for category C longarms which authorises the possession, carriage and use of category C longarms for the purposes of clay target shooting; Sch. 2 item 4(1)(c) amended by No. 28/2003 s. 73(2)(a). (c) is authorised to carry or use a general category handgun, the holder must not carry or use such a handgun except under the immediate supervision of a person who is the holder of a handgun licence. Sch. 2 item 4(2) amended by No. 28/2003 s. 73(2)(b). (2) The holder is authorised to carry or use a general category handgun, the carriage or use of which is authorised by the licence, on an approved shooting range. Sch. 2 item 4(2A) inserted by No. 22/1998 s. 40(g). (2A) If the holder of the licence is authorised to carry or use a longarm under the licence, the holder must not carry or use the longarm for the purpose of receiving instruction in the use of the longarm for sport or target shooting except— (a) at an approved shooting range; 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). 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 When carrying or using a general category handgun at an approved shooting range.