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 No. 78/2005 s. 3(1)(b). approved handgun target shooting match means a competitive target shooting match that is approved by the Chief Commissioner that is organised by an approved handgun target shooting club and that takes place at an approved shooting range; 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 of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch.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; carry in relation to a firearm, includes the carriage of that firearm either as a whole or in parts and either by one person or more than one person;
S. 3(1) def. of serial number inserted by No. 52/2010 s. 3(1)(b). serial number, of a firearm, means a number that enables the firearm to be individually identified that has been— (a) assigned to the firearm by its manufacturer; or (b) stamped or otherwise affixed to the firearm in accordance with section 119A or 119B; s. 3 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;
(5) A non-prohibited person must not possess, carry or use a registered general category handgun, that was manufactured on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under section 21A. 240 penalty units or 4 years imprisonment. (6) A non-prohibited person must not possess, carry or use a registered category E handgun, that was manufactured on or after 1 January 1947, for the purpose of collecting handguns, unless that person does so under and in accordance with a licence issued under section 21A. 600 penalty units or 7 years imprisonment. S. 7A (Heading) substituted by No. 78/2005 s. 6(1). S. 7A inserted by No. 28/2003 s. 8. s. 7A 7A Offences for certain types of handguns S. 7A(1) amended by No. 78/2005 s. 6(2). (1) A person who is the holder of a handgun target shooting licence must not possess, carry or use— (a) unless authorised by the Chief Commissioner under subsection (2), any handgun that has a barrel length of— (i) in the case of a semi-automatic handgun, less than 120 mm; or (ii) in the case of a revolver or single shot handgun, less than 100 mm; or (b) unless authorised by the Chief Commissioner under subsection (4) any
(5) The Chief Commissioner may licence a person to possess, carry or use one or more category E longarms for the reason specified in the licence. s. 10 S. 9(6) inserted by No. 78/2005 s. 7. (6) The Chief Commissioner may licence a person to possess, carry or use a registered paintball marker for the reason specified in the licence. 10 Reasons for applying for longarm licence, category A or B (1) The Chief Commissioner must not issue a longarm licence for category A or B longarms unless the applicant can demonstrate that the licence is required for one or more of the following reasons— (a) for sport or target shooting; (b) for hunting; (c) for primary production; (d) for the occupation of security guard or prison guard; S. 10(1)(e) amended by No. 22/1998 s. 5(1). (e) for an official, commercial or prescribed purpose or for a purpose authorised by an Act or regulations. (2) For the purpose of demonstrating that the licence is required for— (a) sport or target shooting— (i) the applicant must be a member of a shooting club or shooting organisation which is approved by the Chief Commissioner; and S. 10(2)(a)(ii) amended by No. 22/1998 s. 5(2)(a), substituted by No. 78/2005 s. 8(1). (ii) the applicant must engage in sport or target shooting only at a place which is authorised by or under this Act as a place at which sport or target shooting using category A or B longarms may take place; s. 10
are in addition to the days under subparagraph (i). S. 16(6) inserted by No. 28/2003 s. 10. s. 16 (6) The holder of a licence, to whom subsection (5) applies, must participate in at least 6 of the matches and shoots required by subsection (5)(d) as a competitor. S. 16(7) inserted by No. 28/2003 s. 10. (7) For the purposes of this section, a person who conducts a handgun safety course, that is of a class of such courses that has been approved by the Chief Commissioner, is deemed to have competed in an approved handgun target shooting match. S. 16(8) inserted by No. 107/2003 s. 3(3), amended by No. 78/2005 s. 12(4). (8) For the purposes of this section, a handgun target shoot must be— (a) a shoot conducted for the purposes of preparation for participation in an approved handgun target shooting match; and (b) organised by an approved handgun target shooting club; and (c) conducted on an approved shooting range. S. 16(8A) inserted by No. 78/2005 s. 12(5). (8A) If, in any calendar year, the holder of a handgun target shooting licence— (a) holds the licence for less than the calendar year; or (b) holds the licence in respect of a specified class of handguns for less than the calendar year— the conditions applying to the licence under this section as to participation in approved handgun target shooting matches and handgun target shoots apply proportionately, based on whole calendar months, for that year, after rounding down to the nearest whole number of such matches and shoots.
(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(c)(iiia) inserted by No. 78/2005 s. 14. s. 17 (iiia) in the case of an applicant for a paintball marker licence, that the applicant has satisfactorily completed a paintball safety course approved by the Chief Commissioner; and (iv) the applicant can comply with the storage requirements set out by or under the Act; and S. 17(c)(v) amended by No. 22/1998 s. 10(b). (v) the issue of the licence is not against the public interest; or S. 17(ca) inserted by No. 50/2007 s. 8. (ca) if— (i) the applicant has surrendered a handgun licence; and (ii) the applicant has received compensation for the surrender of a handgun held under that licence; and (iii) the applicant does not require the licence for the reason set out in section 15(1)(a) or 15(1)(c)— during a period of 5 years from the date of the surrender of the licence; or (d) for any prescribed reason.
S. 19(2) inserted by No. 28/2003 s. 14, amended by No. 107/2003 s. 4(1), repealed by No. 78/2005 s. 15. * * * * * S. 19(3) inserted by No. 107/2003 s. 4(2), repealed by No. 78/2005 s. 15. * * * * * 20 General discretion of Chief Commissioner to refuse a junior licence s. 20 The Chief Commissioner must not issue a junior licence— (a) to a prohibited person; or (b) unless the Chief Commissioner is satisfied that— S. 20(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(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. 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 s. 21 S. 21(1) substituted by No. 28/2003 s. 16(2). (1) The Chief Commissioner may licence a person to possess or carry— (a) longarms; and S. 21(1)(b) amended by Nos 78/2005 s. 16, 50/2007 s. 9(a). (b) handguns that have been manufactured on or after 1 January 1900 but no later than 31 December 1946; and S. 21(1)(c) inserted by No. 50/2007 s. 9(b). (c) handguns that have been manufactured before 1900, that use percussion as a means of ignition and that take cartridge ammunition that is commercially available; and S. 21(1)(d) inserted by No. 50/2007 s. 9(b). (d) antique handguns (that are not single shot antique handguns)— for the purpose of collecting any such firearms. (2) The Chief Commissioner must not issue a licence under subsection (1) unless the applicant— S. 21(2)(a) substituted by No. 28/2003 s. 16(3)(a). (a) is and has been, for at least 6 months, a member of an approved firearms collectors club that deals with the classes of firearms the person proposes to collect; 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. 22 (Heading) inserted by No. 28/2003 s. 18(1), amended by No. 78/2005 s. 18(1). S. 22 amended by No. 28/2003 s. 18(2). s. 22 22 Conditions applying to firearms collectors licences S. 22(1) amended by No. 78/2005 s. 18(2). (1) Each firearms collectors licence is subject to— (a) the general conditions specified in items 1 and 2 of Schedule 1; and (b) the special conditions specified in item 5 of Schedule 2; and (c) any other conditions imposed on the licence or the category of licence by the Chief Commissioner. S. 22(2) inserted by No. 28/2003 s. 18(3), amended by No. 78/2005 s. 18(3). (2) Each firearms collectors licence is subject to the following conditions— (a) that the holder of the licence must not possess or carry a firearm that is of a class that the holder is not authorised under the licence to possess or carry; and (b) that the holder of the licence, for each class of firearm held under the licence, is, for the period of the licence, a member of an approved firearms collectors club that deals with that class of firearms.
(5) The applicant must pay the fee prescribed for the category of licence applied for. S. 41A inserted by No. 78/2005 s. 23. 41A Continuation of licence during consideration of application for renewal If a licence holder has applied for renewal of a licence under section 41 and that application has not been determined before the date of expiry of the licence, the licence is deemed to continue in force, on and from that date, until the determination of the application. s. 41A 42 General discretion of Chief Commissioner to refuse to renew a licence or to alter or vary the conditions of a licence (1) The Chief Commissioner may renew or refuse to renew a licence under this Part 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. (2) The Chief Commissioner must not renew the licence— (a) if the applicant can no longer demonstrate that he or she has the reason for which the licence was previously issued; or (b) if the applicant or any responsible person in relation to the application is a prohibited person; 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. 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 S. 64(b) amended by No. 28/2003 s. 32(2)(a). (b) a full set of the applicant's fingerprints and the fingerprints of any person the applicant proposes to employ in the business; and S. 64(c) inserted by No. 28/2003 s. 32(2)(b). (c) a full set of the fingerprints of any close associate of the applicant, or if it is not possible to obtain a full set of such fingerprints, if the Chief Commissioner so requires, any known information about the close associate. s. 65 65 Information required for an application by a body corporate for a dealers licence An application by a body corporate for a dealers licence must—
holds a licence in that place which corresponds with a dealers licence. 60 penalty units or 12 months imprisonment. S. 100(1A) inserted by No. 78/2005 s. 42. s. 100 (1A) If a licensed firearms dealer is disposing of a paintball marker to a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not give possession of that firearm to any person other than a person who holds a licence in that place which corresponds with a dealers licence. 60 penalty units or 12 months imprisonment. S. 100(2) amended by No. 28/2003 s. 43(1). (2) If a licensed firearms dealer is disposing of a category C or D longarm or a general category handgun to a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not give possession of that firearm to any person other than a person who holds a licence in that place which corresponds with a dealers licence. 120 penalty units or 2 years imprisonment. S. 100(3) amended by No. 28/2003 s. 43(2). (3) If a licensed firearms dealer is disposing of a category E longarm or a category E handgun to a place outside Victoria but within Australia (whether or not on his or her own behalf or as an agent for another person), the dealer must not give possession of that firearm to any person other than a person who holds a licence in that place which corresponds with a dealers licence. 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. (4A) Subsections (1), (2) and (2A) do not apply to a member of staff of the Office of Police Integrity who is authorised under section 103A of the Police Integrity Act 2008 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. 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 are known to the Chief Commissioner) against the firearm to which they apply— S. 113(3)(a) amended by No. 52/2010 s. 21. (a) the make, type, calibre, action, serial number and, where known or available, model of the firearm; and (b) the name of the person who possesses the firearm; and (c) particulars of the licence under which the firearm is possessed ; and S. 113(3)(ca) inserted by No. 50/2007 s. 29(2). (ca) the address at which the firearm is ordinarily stored; and (d) any other prescribed information. (4) The Chief Commissioner may enter any other information relating to the firearm on the register. 114 Exemption from Freedom of Information Act
(b) in the form approved by the Chief Commissioner; and (c) kept at the premises approved by the Chief Commissioner; and S. 123B(3)(d) amended by No. 50/2007 s. 32(a). (d) available to be produced to or inspected by a member of the police force at any reasonable time; and S. 123B(3)(e) inserted by No. 50/2007 s. 32(b). (e) kept in an accurate and legible manner; and S. 123B(3)(f) inserted by No. 50/2007 s. 32(b). (f) made as soon as reasonably practicable after— (i) the approved handgun target shooting match or handgun target shoot to which the record relates takes places; or (ii) the application to which the record relates is made. S. 123C (Heading) substituted by No. 78/2005 s. 47(1). S. 123C inserted by No. 28/2003 s. 53. 123C Approved handgun target shooting requirements s. 123C (1) An approved handgun target shooting club must, within the 3 months after the end of each calendar year submit to the Chief Commissioner a report setting out— S. 123C(1)(a) amended by No. 78/2005 s. 47(2)(a). (a) a list giving details of all the approved handgun target shooting matches conducted by the club during the year and of all the handgun target shoots conducted by the club during the year; and (b) the names of all persons who were, at any time during the year, members of the club; and
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.
600 penalty units or 7 years imprisonment. S. 134(4) inserted by No. 50/2007 s. 36(2). (4) A person must not destroy, or render inoperable, a firearm, firearm part, silencer or prescribed item unless that person does so in a manner approved by the Chief Commissioner. 240 penalty units or 4 years imprisonment. S. 134A inserted by No. 28/2003 s. 60, amended by No. 50/2007 s. 37 (ILA s. 39B(1)). 134A Requirement to obtain consent of Chief Commissioner to certain alterations of firearms s. 134A (1) A person must not alter a firearm so that it becomes a different category of firearm unless, before doing so, the person obtains the consent of the Chief Commissioner to do so. 60 penalty units. S. 134A(2) inserted by No. 50/2007 s. 37. (2) A person must not increase the magazine capacity of a firearm if the increase in the magazine capacity would cause the firearm to become a different category of firearm unless, before doing 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
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. 60 penalty units or 12 months imprisonment. 136 Disposal of firearms to minors A person must not dispose of a firearm to a person who is under 18 years of age. 240 penalty units or 4 years imprisonment. S. 137 amended by No. 22/1998 s. 33 (ILA s. 39B(1)). 137 Alteration of documents s. 136 (1) A person must not alter the particulars on a licence, permit, certificate or other document issued under this Act. 240 penalty units or 4 years imprisonment. S. 137(2) inserted by No. 22/1998 s. 33. (2) Subsection (1) does not apply to the Chief Commissioner or any person acting on behalf of the Chief Commissioner.
S. 153C(2)(b) amended by No. 50/2007 s. 45. (b) the number and type of firearms, cartridge ammunition, silencers and prescribed items found during the course of those searches; and (c) any other information requested by the Minister. __________________ Division 1—Establishment of Committee 154 Establishment of Committee s. 154 (1) There is established a committee to be called the Firearms Appeals Committee. (2) The Committee has the function of reviewing decisions of the Chief Commissioner in the circumstances in which a right to review is given to any person by or under this Act. 155 Membership of the Committee (1) The Committee is to consist of 13 persons appointed by the Governor in Council. (2) Of the persons appointed to the Committee— S. 155(2)(a) substituted by No. 18/2005 s. 18(Sch. 1 item 43). (a) 3 must be Australian lawyers (within the meaning of the Legal Profession Act 2004) nominated by the Minister from a panel of persons submitted to the Minister as follows— (i) if there are more than 2 professional associations (within the meaning of the Legal Profession Act 2004), 1 person may be nominated for the panel by each professional association; or (ii) if there are only 2 professional associations, 3 persons may be
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. s. 167 _______________ 168 Power to serve a notice s. 168 (1) A member of the police force 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 infringement offence within the meaning of the Infringements Act 2006. S. 169 repealed by No. 32/2006 s. 94(Sch. item 20(3)). * * * * * 170 Penalties to be paid for offences under infringement notices The penalty to be paid in respect of an offence to which an infringement notice relates is one-tenth
S. 181(2)(ba) inserted by No. 50/2007 s. 48. (ba) any approved handgun target shooting club or approved firearms collectors club (as the case requires) of which the applicant has been a member at any time during the 12 months immediately before the application was made; (c) any other approved handgun target shooting club or approved firearms collectors club (as the case requires) of which the Chief Commissioner is aware the applicant has been refused membership in the 5 years immediately preceding the application; (d) any firearms licence held by the applicant that has been cancelled in the 5 years immediately preceding the application; S. 181(2)(e) amended by No. 78/2005 s. 58(2)(a). (e) any application for a licence or permit under this Act by the applicant that has not been granted by the Chief Commissioner in the 5 years immediately preceding the application; S. 181(2)(f) inserted by No. 78/2005 s. 58(2)(b). (f) any other information that is necessary to enable the club to perform its functions under this Act. S. 181A inserted by No. 28/2003 s. 66. 181A Requirement for Chief Commissioner to disclose certain information to certain approved clubs s. 181A (1) If the Chief Commissioner cancels or suspends— (a) a general category handgun licence that is held for the reason of target shooting, the Chief Commissioner must inform any approved handgun target shooting club of which the holder of that licence is a member of that cancellation or suspension; or S. 181A(1)(b) amended by No. 78/2005 s. 59(a). (b) a category 1 or category 2 firearms collectors licence, the Chief Commissioner must inform any approved firearms collectors club of which the holder of that licence is a
member of that cancellation or suspension; or S. 181A(1)(c) inserted by No. 78/2005 s. 59(b). (c) a provisional general category handgun licence, the Chief Commissioner must inform any approved handgun target shooting club of which the holder is a member of that cancellation or suspension. (2) The Chief Commissioner does not commit an offence under section 181 when acting under this section. 182 Appeals from decisions of Committee S. 182(1) amended by No. 52/1998 s. 311(Sch. 1 item 30.1(a)). (1) An application may be made to the Victorian Civil and Administrative Tribunal for the review of a decision of the Committee made under Part 9 or of a failure by the Committee to make such a decision within a reasonable time. S. 182(2) amended by No. 52/1998 s. 311(Sch. 1 item 30.1(b)). (2) An application under subsection (1) may only be made by a person whose interests are affected by— (a) the decision of the Committee; or (b) the failure of the Committee to act. S. 182(3) inserted by No. 52/1998 s. 311(Sch. 1 item 30.2). (3) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of
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. 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 member of the police force, recruit, officer or employee in the office of the Chief Commissioner of Police 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 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.
Item No. Column 1 Persons Column 2 Circumstances (a) by or under the immediate supervision of the holder of a general category handgun licence; and (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. Sch. 3