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;
(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(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;
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; 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, 53/2016 s. 96(b). prohibited person means— (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
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 recognised DVO inserted by No. 53/2016 s. 96(a). recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; S. 3(1) def. of registered inserted by No. 28/2003 s. 3(1)(c). registered means registered under Part 5; S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 20(a)), 13/2010 s. 51(Sch. item 23.1(a)). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of registered nurse substituted by No. 97/2005 s. 182(Sch. 4 item 20(b)), repealed by No. 13/2010 s. 51(Sch. item 23.2). * * * * *
(i) not more than one registered category C longarm, being a rifle; and S. 9(3)(b)(ii) amended by No. 21/2008 s. 10(a). (ii) not more than one registered category C longarm, being a shotgun; or S. 9(3)(c) inserted by No. 21/2008 s. 10(b). (c) for a reason set out in section 11(1)(a)(i) or (iv)— (i) more than one registered category C longarm, being tranquilliser guns, if the Chief Commissioner is satisfied that the person has a genuine need to possess, carry or use more than one such longarm; or (ii) in any other case, not more than one registered category C longarm, being a tranquilliser gun. (4) The Chief Commissioner may licence a person to possess, carry or use— (a) not more than one registered category D longarm, being a rifle; and (b) not more than one registered category D longarm, being a shotgun— for the reason specified in the 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. 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
of such a contractor or sub-contractor; and S. 10(2)(d)(ii) amended by No. 50/2007 s. 5(b). (ii) produce evidence that the applicant has a genuine need for the licence because the duties he or she performs as a security guard, prison officer, contractor, sub-contractor or employee are such as to require the carriage or use of a category A or B longarm; S. 10(2)(e) substituted by No. 22/1998 s. 5(2)(c). (e) for a purpose specified in subsection (1)(e), the applicant must produce evidence that the licence is required for that purpose. (3) The Chief Commissioner may approve any shooting club or shooting organisation for the purposes of subsection (2). S. 10(4) inserted by No. 22/1998 s. 5(3). (4) A non-prohibited person who has made an application to the Chief Commissioner for an approval under subsection (3) may apply to the Committee for a review of a decision of the Chief Commissioner not to grant the approval or for a review of a failure of the Chief Commissioner to make the decision within a reasonable time. S. 10(5) inserted by No. 22/1998 s. 5(3). (5) The Chief Commissioner may— (a) impose conditions on any approval under subsection (3); and (b) after notifying the holder of the approval, alter any such condition. 11 Reasons for applying for a longarm licence, category C (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—
(a) for the occupation of security guard or prison guard; S. 15(1)(ab) inserted by No. 50/2007 s. 6(1)(b). (ab) for the carrying on of a private security business that provides the services of armed guard activities or cash-in-transit activities; (b) for target shooting; S. 15(1)(c) amended by Nos 22/1998 s. 9(1)(a), 78/2005 s. 11(1). (c) for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations; S. 15(1)(d) inserted by No. 78/2005 s. 11(2). (d) for possessing or carrying a general category handgun, for carriage and use by the holder of a junior handgun target shooting licence in accordance with the licence of that holder. (2) For the purpose of demonstrating that the licence is required for— (a) the occupation of security guard or prison guard, the applicant must— S. 15(2)(a)(i) amended by Nos 33/2004 s. 207, 50/2007 s. 6(2)(a). (i) hold a licence under the Private Security Act 2004 that authorises the applicant to perform armed guard activities or cash-in-transit activities or be a prison officer, a contractor or a sub-contractor, within the meaning of the Corrections Act 1986, or an employee of such a contractor or and S. 15(2)(a)(ii) amended by Nos 28/2003 s. 9(3)(a), 29/2006 s. 3(Sch. 1 item 11), 50/2007 s. 6(2)(b). (ii) in the case of an applicant who is a natural person, produce evidence that the applicant has a genuine need for the licence because the duties he or she performs as a security guard, prison officer, contractor, sub-contractor or employee are such as to require the
S. 16(3) inserted by No. 28/2003 s. 10, amended by Nos 107/2003 s. 3(1), 78/2005 s. 12(2), substituted by No. 12/2012 s. 10(1). (3) A handgun target shooting licence under which the holder possesses, carries or uses general category handguns is subject to the condition that in each calendar year for which the holder holds the licence, for the number of specified classes of handgun possessed, carried or used under the licence, he or she must, on at least 10 separate days, participate in at least the total number of— (a) handgun target shoots; or (b) approved handgun target shooting matches; or (c) a combination of the number of handgun target shoots and handgun target shooting matches— set out in column 2 of the Table opposite the number of specified classes of handgun possessed, carried or used set out in column 1 of the Table. TABLE Column 1 Column 2 Number of specified classes of handgun possessed, carried or used Total number of handgun target shoots or matches or combination of both 1 10 2 10 3 12 4 16 S. 16(4) inserted by No. 28/2003 s. 10, substituted by No. 12/2012 s. 10(1). (4) Of the number of matches and shoots that the holder of a handgun target shooting licence is required to participate in under subsection (3) in any calendar year— (a) at least 6 must be approved handgun target shooting matches; and (b) at least 4 must be participated in for each specified class of handgun; and
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 (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—
(b) unless the Chief Commissioner is satisfied that— S. 20(1)(b)(i) amended by Nos 26/1997 s. 21, 28/2003 s. 15. (i) the applicant is a fit and proper person to be permitted to carry a category A, B or C longarm or a general category handgun; and (ii) the applicant can possess, carry or use a firearm without being a danger to public safety or peace; and (iii) the applicant has satisfactorily completed a course in firearms safety approved by the Chief Commissioner and has a good knowledge of firearms law; and S. 20(1)(b)(iv) amended by No. 22/1998 s. 12. (iv) the issue of the licence is not against the public interest; or (c) unless the application is made with the written consent of the parent or guardian of the applicant; or (d) for any prescribed reason. S. 20(2) inserted by No. 55/2014 s. 89. (2) An applicant is presumed not to be a fit and proper person for the purposes of subsection (1)(b)(i) if he or she is a declared organisation member. S. 20(3) inserted by No. 55/2014 s. 89. (3) A presumption under subsection (2) may be rebutted. Division 6—Firearms collectors and heirlooms licences S. 21 (Heading) inserted by No. 28/2003 s. 16(1). 21 Issue of category 1 firearms collectors licences
(b) the holder has failed to notify the Chief Commissioner of a change of his or her address; or (c) the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or renewal of the licence; or S. 49(1)(d) amended by Nos 28/2003 s. 23(1)(b), 107/2003 s. 5(a). (d) the holder has contravened or failed to comply with a condition of the licence, that is not a condition set out in section 16(3) and (4) or section 16(5) and (6); or (e) the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or (f) the holder of the licence or any responsible person in relation to the licence is no longer a fit and proper person; or S. 49(1)(fa) inserted by No. 28/2003 s. 23(1)(c). (fa) in particular, in relation to the holder of a handgun licence, that there is information as to criminal activities on the part of the holder that is known to the Chief Commissioner that causes the Chief Commissioner to be 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
Higher penalties apply to a person who manufactures a firearm other than in accordance with a licence issued under this Part—see section 59A. (3) In this Act, carrying on the business of being a firearms dealer includes, but is not limited to— S. 59(3)(a) amended by No. 22/1998 s. 43(Sch. item 5). (a) acquiring, disposing of, hiring, lending or transferring ownership in any firearms, firearms parts or cartridge ammunition; or S. 59(3)(b) amended by No. 22/1998 s. 43(Sch. item 5). (b) exposing or offering for sale any firearms, firearms parts or cartridge ammunition; or S. 59(3)(c) amended by No. 22/1998 s. 43(Sch. item 5). (c) possessing for the purpose of disposing of, acting as an agent in the transfer of ownership in or repairing any firearms, firearms parts or cartridge ammunition; or (d) manufacturing or repairing any firearms or possessing any firearms parts for the purpose of manufacturing or repairing firearms. S. 59A inserted by No. 44/2015 s. 5. 59A Offence to manufacture firearms (1) A person must not manufacture a category A or B longarm or paintball marker unless that person does so under and in accordance with a licence issued under this Part. Penalty: 600 penalty units or 5 years imprisonment. (2) A person must not manufacture any firearm to which subsection (1) does not apply unless that person does so under and in accordance with a licence issued under this Part. Penalty: 1200 penalty units or 10 years imprisonment. 60 Issue of dealers licences
S. 63(2) amended by No. 78/2005 s. 35. (2) An application must be in a form and manner approved by the Chief Commissioner. (3) The applicant must pay the fee prescribed for licences in the nature of the licence applied for. S. 63(4) inserted by No. 22/1998 s. 19. (4) Subsection (3) does not apply to a person who applies for a licence and who is in partnership with another person who has paid the fee prescribed for a licence to carry on the business which is carried on by the partnership. S. 63(5) inserted by No. 22/1998 s. 19. (5) In subsection (4) partnership has the same meaning as in section 5 of the Partnership Act 1958. 64 Information required for an application by a natural person for a dealers licence An application by a natural person for a dealers licence must be accompanied by— S. 64(aa) inserted by No. 28/2003 s. 32(1), amended by No. 78/2005 s. 36. (aa) a statement setting out the name and address of any person who is a close associate of the applicant; and (a) proof of the identity of the applicant and any person the applicant proposes to employ in the business, being, if the Chief Commissioner so requires, proof in the same manner and to the same extent as is required for an identification reference under the Financial Transactions Reports Act 1988 of the Commonwealth; and
fixed for making submissions, the Chief Commissioner is satisfied— (a) that the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or the renewal of the licence; or (b) that the holder has contravened or failed to comply with the conditions of the licence; or (c) that the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or (d) that the holder of the licence no longer carries on business at the premises specified in the licence; or (e) that— (i) the holder of the licence or any responsible person in relation to the licence; or S. 79(1)(e)(ii) amended by No. 28/2003 s. 37(a). (ii) any person employed in the business; or S. 79(1)(e)(iii) inserted by No. 28/2003 s. 37(b). (iii) any close associate of the holder of the licence— is no longer a fit and proper person; or (f) that—
possess, carry or use that category of firearm; S. 93(4)(ca) inserted by No. 55/2009 s. 15, amended by No. 82/2012 s. 95(a). (ca) a senior IBAC Officer who is— (i) exempted by this Act from the requirement to have a licence in order to possess, carry or use firearms; and S. 93(4)(ca)(ii) amended by No. 82/2012 ss 95(b), 309. (ii) authorised under section 109 of the Independent Broad-based Commission Act 2011 to acquire or dispose of firearms; (d) a deceased estate; (e) another person in circumstances authorised by this Act or by any Commonwealth Act relating to the importation of firearms; S. 93(4)(f) inserted by No. 22/1998 s. 23. (f) in the case of a category A or B longarm, a person who is the holder of an inter-State licence which authorises the possession, carriage or use of the longarm being disposed of and who is also the holder of an inter-State permit to acquire a category A or B longarm where— (i) the permit to acquire has been issued not more than 28 days before the disposal of the firearm; and (ii) in order to dispose of the firearm, the person personally attends at the premises where the dealer to whom the firearm is being disposed of carries on business;
(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). (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. 102(7) inserted by No. 28/2003 s. 45(6). (7) Subsection (2A) does not apply to a person— (a) who is the holder of an inter-State permit to acquire a general category handgun which has been issued not more than 28 days before the acquisition of the firearm; and (b) who is acquiring a general category handgun 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—
S. 123(2) amended by No. 28/2003 s. 52(1). (2) A person who possesses a category C or D longarm or a general category handgun under a dealers licence must store that firearm in the manner fixed in the licence. 120 penalty units or 2 years imprisonment. S. 123(3) amended by No. 28/2003 s. 52(2). (3) A person who possesses a category E longarm or a category E handgun under a dealers licence must store that firearm in the manner fixed in the licence. 240 penalty units or 4 years imprisonment. S. 123(4) inserted by No. 22/1998 s. 30. (4) A person who possesses ammunition under a dealers licence must store that ammunition in the manner fixed in the licence. 120 penalty units or 2 years imprisonment. Pt 6A (Heading and ss inserted by No. 28/2003 s. 53. Division 1—Approved handgun target shooting clubs S. 123A inserted by No. 28/2003 s. 53. 123A Power of the Chief Commissioner to approve handgun target shooting clubs (1) For the purposes of this Act the Chief Commissioner may approve a person or body that conducts handgun target shooting matches, if that person or body is either— (a) a person incorporated under the Corporations Act; or
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
(3) The variation of a condition under this section has effect on the giving of notice in writing of that variation to the holder of the approval. S. 123Q inserted by No. 28/2003 s. 53. 123Q Review of decision to vary the conditions of an approval under this Part The holder of an approval under this Part may, if the officers of the holder are non-prohibited persons, apply to the Committee for a review of any decision of the Chief Commissioner to vary any conditions on the approval. S. 123R inserted by No. 28/2003 s. 53. 123R Duration of an approval under this Part An approval under this Part continues in force for the period, not exceeding 5 years from the issue or renewal of the approval, that is specified in the approval. S. 123S inserted by No. 28/2003 s. 53. 123S Renewal of an approval under this Part (1) Before the expiration of an approval under this Part, the holder may apply to the Chief Commissioner for renewal of the approval. (2) A person or body who is making an application for the renewal of an approval under this Part must make that application to the Chief Commissioner. (3) An application must be in the form and manner approved by the Chief Commissioner. (4) The applicant must pay the fee prescribed for the application. S. 123T inserted by No. 28/2003 s. 53. 123T Power of the Chief Commissioner to renew an approval under this Part (1) The Chief Commissioner may renew or refuse to renew an approval under this Part and, if the
so, the person obtains the consent of the Chief Commissioner. 60 penalty units. S. 134AB inserted by No. 50/2007 s. 38. 134AB Offence to possess or carry certain parts without the consent of the Chief Commissioner A person must not possess or carry a part of a firearm that is capable of being used to alter the category of a firearm in the person's possession, carriage or use so that the firearm becomes a different category of firearm to that which the person is authorised to possess, carry or use under his or her licence— (a) without lawful excuse; or (b) unless before doing so, the person obtains the consent of the Chief Commissioner. 30 penalty units. S. 134B inserted by No. 28/2003 s. 60. 134B Requirement to notify Chief Commissioner of certain alterations to firearms A person who alters the calibre of a firearm in a manner not provided for in the original manufacture of the firearm must notify the Chief Commissioner of the alteration within 7 days of doing so. 30 penalty units. S. 134C inserted by No. 28/2003 s. 60, substituted by No. 52/2010 s. 23. 134C Offence to possess a firearm with no serial number (1) A person must not, without reasonable excuse, possess a firearm on which there is no serial number. 240 penalty units or 4 years imprisonment. (2) In any proceeding against a person for an offence under this section, it is not necessary for the prosecution to prove that the person knew, was
aware, believed or suspected that there was no serial number on the firearm. (3) In any proceeding for an offence under this section, it is a defence if the person charged had reasonable grounds for believing that there was a serial number on the firearm. (4) To avoid doubt, a firearm in which the serial number has been erased or removed is a firearm on which there is no serial number. 135 Offence to own a firearm without a licence to possess (1) A person must not own a category A or B longarm unless that person is authorised by a licence under this Act to possess the firearm. 60 penalty units or 12 months imprisonment. S. 135(2) amended by No. 28/2003 s. 61(1). (2) A person must not own a category C or D longarm or a general category handgun unless that person is authorised by a licence under this Act to possess 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.
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. 149 amended by No. 22/1998 s. 43(Sch. item 11), substituted by No. 9/2003 s. 9. 149 Search of persons or vehicles S. 149(1) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)). (1) If— S. 149(1)(a) amended by Nos 50/2007 s. 41, 37/2014 s. 10(Sch. item 63.12(a)). (a) a police 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 S. 149(1)(b) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)). (b) the police officer informs the person of the grounds for his or her suspicion; and S. 149(1)(c) amended by No. 37/2014 s. 10(Sch. item 63.12(a)(ii)). (c) the police officer complies with subsection (3)— the police officer may without warrant— (d) search the person and any vehicle, package or thing in the possession of the person; and S. 149(1)(e) amended by No. 50/2007 s. 41. (e) seize any firearm, cartridge ammunition, silencer or prescribed item found during the course of the search.
S. 149(2) amended by No. 50/2007 s. 41. (2) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person has a firearm, cartridge ammunition, silencer or prescribed item in his or her possession. S. 149(3) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(i)(ii)). (3) Before a police officer commences a search of a person under subsection (1), the police officer must— S. 149(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(iii)). (a) inform the person of the police officer's name, rank and place of duty; and (b) if requested by the person, provide the information referred to in paragraph (a) in writing; and S. 149(3)(c) amended by No. 37/2014 s. 10(Sch. item 63.12(b)(ii)). (c) produce his or her identification for inspection by the person, unless the police officer is in uniform. S. 149(4) amended by No. 37/2014 s. 10(Sch. item 63.12(c)(i)). (4) In conducting a search of a person under subsection (1), a police officer— S. 149(4)(a) amended by Nos 50/2007 s. 41, 37/2014 s. 10(Sch. item 63.12(c)(ii)). (a) may request that the person produce any thing that the police officer has detected or seen during the search on the person or in a vehicle, package or thing in the possession or under the control of the person, which the police officer has reasonable grounds for suspecting is a firearm, cartridge ammunition, silencer or prescribed item; and
S. 166(2) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 21), 67/2014 s. 147(Sch. 2 item 17). (2) Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, apply to the Committee or a Division of the Committee in hearing an appeal under this Act as if the Committee or Division of the Committee (as the case requires) were a Board appointed by the Governor in Council. 167 How to commence a proceeding (1) An application for the review of a decision of the Chief Commissioner may be commenced before a Division of the Committee by giving notice in writing of the application to the Committee within 28 days of the notice of the decision of the Chief Commissioner being given to the applicant. (2) The applicant must give notice of the application to the Chief Commissioner at the same time as notice is given under subsection (1) and the notice must set out the nature and grounds of the application. (3) A person who is applying for a review of a decision of the Chief Commissioner must pay the fee prescribed for applications for review. 168 Power to serve a notice S. 168(1) amended by No. 37/2014 s. 10(Sch. item 63.14). (1) A police officer may serve an infringement notice under this Part on any person that he or she has reason to believe has committed a prescribed offence. S. 168(2) substituted by No. 32/2006 s. 94(Sch. item 20(2)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an
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 S. 189(3)(a)(ii) amended by No. 53/2016 s. 101. (ii) in another State or a Territory or in New Zealand, the Supreme Court; and
S. 190(2) inserted by No. 28/2003 s. 70. (2) It is the intention of section 183, as amended by section 67 of the Firearms (Trafficking and Handgun Control) Act 2003, to alter or vary section 85 of the Constitution Act 1975. 191 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act, including but not limited to the following matters— S. 191(1)(a) amended by No. 22/1998 s. 43(Sch. item 15). (a) the acquisition and possession of cartridge ammunition or classes of cartridge ammunition, including— S. 191(1)(a)(i) amended by No. 22/1998 s. 43(Sch. item 15). (i) specifying amounts of cartridge ammunition that may be acquired by persons or classes of persons; and S. 191(1)(a)(ii) amended by No. 22/1998 s. 43(Sch. item 15). (ii) specifying amounts of cartridge ammunition that may be possessed by persons or classes of persons; (b) any devices which are not to fall within the definition of firearms; (c) classes of firearms that fall within the definitions of category D or E longarms; S. 191(1)(ca) inserted by No. 28/2003 s. 71. (ca) classes of firearms that fall within the definition of category E handguns; (d) classes of persons that fall within the definition of prohibited person;
(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—
Sch. 2 item 6(6)(c) amended by No. 37/2014 s. 10(Sch. item 63.18). (c) a police officer for disposal; or (d) to a museum to which an exemption has been granted under Part 11. Sch. 2 item 6(7) amended by No. 22/1998 s. 43(Sch. item 16(b)). (7) The holder of the licence must not keep any cartridge ammunition for the firearms kept under the licence. 7 Firearms ammunition collectors licences (1) The ammunition must be kept at the premises specified in the licence. (2) The holder of the licence must remain a member of the organisation of collectors approved by the Chief Commissioner for the period of the licence. (3) All ammunition in the collection must— (a) be rendered inert except for all sporting ammunition and military ammunition of UN hazard classification code 1.4s up to 20mm calibre; and (b) must not contain high explosive smoke or chemical or lachrymatory agents. (4) Any ammunition kept in the collection must not be disposed of except— Sch. 2 item 7(4)(a) amended by No. 22/1998 s. 40(h)(i). (a) to another person who is the holder of a firearms ammunition collectors licence; or
Sch. 2 item 7(4)(b) amended by No. 22/1998 s. 40(h)(ii). (b) to a licensed firearms dealer; or Sch. 2 item 7(4)(c) inserted by No. 22/1998 s. 40(h)(ii). (c) through the agency of a licensed firearms dealer. Sch. 3 amended by Nos 84/1997 s. 47, 22/1998 s. 41, 28/2003 s. 74, 78/2005 s. 62, 34/2008 s. 143(Sch. 2 item 7.2), 55/2009 s. 21, 12/2012 s. 12, 82/2012 s. 99, 37/2014 s. 10(Sch. item 63.19), 20/2015 s. 58. 2 Item No. Column 1 Persons Column 2 Circumstances 1 A person serving as a member of the naval, military or air forces of the Commonwealth of Australia. When possessing, carrying or using a firearm while on duty or when carrying a firearm while going to or from duty. 2 Any police officer, recruit, officer or Victoria Police employee or protective services officer. When possessing, carrying or using a firearm for their official duties when authorised to do so by the Chief Commissioner. 3 Any member of the police force or police service of the Commonwealth or any other State or a Territory of the Commonwealth. When possessing, carrying or using a firearm issued to him or her for the performance of a detailed duty. 3A Any person acting under a contract with the Chief Commissioner. When possessing or carrying a firearm for his or her official duties when so authorised by the Chief Commissioner. 3B Any holder of a general category handgun licence. When carrying a general category handgun for the purposes of conducting a firearms safety
Assent Date: 16.6.15 Commencement Date: Ss 57, 58 on 1.9.15: Special Gazette (No. 236) 25.8.15 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Firearms Amendment (Trafficking and Other Measures) Act 2015, No. 44/2015 Assent Date: 22.9.15 Commencement Date: Ss 3–8 on 1.12.15: Special Gazette (No. 349) 18.11.15 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 National Domestic Violence Order Scheme Act 2016, No. 53/2016 Assent Date: 18.10.16 Commencement Date: Ss 96–101 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 Victorian Fisheries Authority Act 2016, No. 68/2016 Assent Date: 15.11.16 Commencement Date: Ss 163, 164 on 1.7.17: s. 2(2) : This information relates only to the provision/s amending the Firearms Act 1996 Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 Assent Date: 14.6.17 Commencement Date: S. 38 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 : This information relates only to the provision/s amending the Firearms Act 1996 ––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Firearms Act 1996 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Firearms Amendment Act 2018, No. 2/2018
(2A) A person does not commit an offence under subsection (1), (1A) or (1B) if the person is— (a) a police officer or a protective services officer who is acting in the course of the police officer's or protective services officer's official duties and when so authorised by the Chief Commissioner; or (b) a senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried or used, and as authorised under Part 5 of the Independent Broad-based Anticorruption Commission Act 2011; or (c) a member of a police force or a police service of the Commonwealth or of another State or a Territory who is possessing, carrying or using a firearm issued to the member for the performance of a detailed duty; or (d) a person who holds a licence under this Act, that is issued for the reason of prison guard and who is carrying or using a firearm which the person is authorised to carry or use under the licence, and who is acting in the course of the person's duties as a prison guard and who is in the immediate pursuit of another person under the person who is the guard's custody; or (e) a person who holds a licence under this Act, and who is possessing, carrying or using a firearm which the person is authorised to possess, carry or use under the licence and who is