Part 5Firearms
dealers
43Firearms dealers must be
licensed
A person must not:
(a)
carry on activities as a firearms dealer,
or
(b)
possess a firearm in the person’s capacity
as a firearms dealer,
unless authorised to do so by a firearms dealer
licence.
Maximum penalty: imprisonment for 7
years.
s 43: Am 1996 No 135,
Sch 1 [45] [46]; 2001 No 24, Sch 1 [11]. Subst 2002 No 47, Sch 1
[11].
44Information about close
associates of firearms dealers
(1)
In an application for a firearms dealer licence,
the applicant must give the name and address of each person who is a close
associate of the applicant and particulars of the nature of each such
person’s association with the applicant.
(2)
If a licensed firearms dealer becomes aware that
the close associates of the firearms dealer (if any) have changed since the
firearms dealer’s most recent application for a licence, or declaration
under this section, was submitted to the Commissioner, the firearms dealer
must submit to the Commissioner within 7 days:
(a)
a declaration notifying the Commissioner in
writing of that fact, and
(b)
the name and address of each person who is a
close associate of the firearms dealer and particulars of the nature of each
such person’s association with the firearms
dealer.
(3)
A licensed firearms dealer must, if notice in
writing is served on the dealer by the Commissioner, submit to the
Commissioner, within such time as is specified in the notice and in the form
provided by the Commissioner:
(a)
a declaration that:
(i)
the firearms dealer (and no other person) is the
person primarily responsible for the management of the firearms dealing
business that is carried on under the licence, or
(ii)
another person or other persons (whether instead
of or in addition to the licensed firearms dealer) are primarily responsible
for the management of that business, and
(b)
either:
(i)
a declaration that the close associates of the
firearms dealer (if any) have not changed since the most recent application
for a licence, or declaration under this section, was submitted to the
Commissioner, or
(ii)
the name and address of each person who is a
close associate of the firearms dealer and particulars of the nature of each
such person’s association with the firearms
dealer.
(4)
A person must not, in or in connection with a
declaration under this section, make a statement or provide information that
the person knows is false or misleading in a material
particular.
Maximum penalty: 50 penalty
units.
s 44: Subst 2001 No
24, Sch 1 [12]. Am 2001 No 112, Sch 3.6 [2].
44APrescribed persons not to be
involved in firearms dealing business
(1)
If a licensed firearms dealer:
(a)
employs a prescribed person in the business that
is authorised by the licence, or
(b)
permits a prescribed person to act as an agent
for, or participate in the management of, that
business,
the firearms dealer and the prescribed person are each
guilty of an offence.
Maximum penalty: imprisonment for 14
years.
(2)
It is a defence for a licensed firearms dealer
prosecuted for an offence under subsection (1) if the firearms dealer proves
that he or she did not know, and could not reasonably be expected to have
known, that the person employed or permitted to act as an agent for, or to
participate in the management of, the firearms dealer’s business was in
fact a prescribed person.
(3)
In this section, prescribed person means a person
who:
(a)
has, within the preceding 10 years, had his or
her firearms dealer licence revoked by the Commissioner for any reason,
or
(b)
has, within the preceding 10 years, been
convicted in New South Wales or elsewhere of an offence prescribed by the
regulations for the purposes of this section, whether or not the offence is an
offence under New South Wales law, or
(c)
has, within the preceding 10 years, had his or
her application for a licence or permit refused by the Commissioner, or had
his or her licence or permit revoked, for either or both of the following
reasons:
(i)
the Commissioner was not satisfied that the
person was a fit and proper person and could be trusted to have possession of
firearms without danger to public safety or to the peace,
(ii)
the Commissioner considered that issue of the
licence or permit to the person would be contrary to the public interest,
or
(d)
is subject to an apprehended violence order,
or
(e)
is the subject of a good behaviour bond, whether
entered into in New South Wales or elsewhere, or
(f)
is subject to a firearms prohibition
order.
s 44A: Ins 2001 No
24, Sch 1 [12].
45Recording of
transactions
(cf APMC 9, 1990 Reg cl 35)
(1)
A licensed firearms dealer must ensure
that:
(a)
all transactions and dealings concerning firearms
or firearm parts to which the firearms dealer’s licence applies are
recorded in accordance with this section, and
(b)
each record relating to a transaction or dealing
concerning a firearm, a spare barrel for a firearm, a firearm frame or a
firearm receiver is, in accordance with the regulations, sent to the
Commissioner for inclusion of the particulars in the Register and in order to
update the Register.
(2)
Each record must contain the following
particulars for each purchase, receipt, sale or transfer of a firearm or
firearm part by the dealer concerned from or to the other person dealing with
the dealer:
(a)
the name and address of the other
person,
(b)
the number of the other person’s licence or
permit authorising the other person to possess the firearm or firearm
part,
(c)
the number of the other person’s permit to
acquire the firearm,
(d)
for each firearm or firearm part that is or has
been in the possession of the dealer:
(i)
the dates of its initial purchase or receipt by
the dealer and of its subsequent sale or transfer out of the possession of the
dealer, and
(ii)
the name and address of the person who initially
gave possession of it to the dealer, and
(iii)
when it is sold or transferred out of the
possession of the dealer—its make, serial number, calibre, type, action
and magazine capacity (if any),
(e)
such other particulars as may be prescribed by
the regulations.
(3)
An entry required to be made in a record
concerning the purchase, receipt, sale or transfer of a firearm, firearm frame
or firearm receiver must, subject to the regulations, be entered within 24
hours of the transaction concerned.
(4)
A record must be made and kept in the form
approved by the Commissioner.
(5)
If a licensed firearms dealer ceases to hold such
a licence, the former licensed firearms dealer must provide the Commissioner
with a record of all transactions during the 2 years immediately preceding the
date on which the licence ceased to be in force.
(6)
A person who is required to ensure a record is
kept or to keep a record under this section, must, on demand made by a police
officer at any time:
(a)
produce the record to that officer and permit
that officer to inspect and make copies of any entries in it,
and
(b)
produce to that officer all firearms and firearm
parts in the possession of that person, and
(c)
furnish to that officer any information in that
person’s possession with respect to any firearm or firearm part that has
been manufactured, purchased or received under the authority of the
person’s firearms dealer licence, or that the person has in his or her
possession or has sold or otherwise transferred or repaired under the
authority of the licence.
(7)
Any person making an alteration to an entry in a
record required to be kept under this section must do so by interlineation or
striking out and not by erasure.
Maximum penalty: 20 penalty
units.
s 45: Am 2001 No 24,
Sch 1 [13]–[17]; 2001 No 112, Sch 3.6 [3]; 2002 No 53, Sch
2.14.
46Quarterly
returns
(cf 1990 Reg cl 35A)
(1)
A licensed firearms dealer must, within 14 days
after the end of the months of March, June, September and December in each
year, forward a return to the Commissioner which contains the particulars for
the preceding quarter that are required to be recorded under section 45
(2).
Maximum penalty: 50 penalty
units.
(2)
This section does not prevent a person from
forwarding returns at more frequent intervals than this section
requires.
(3)
The return is to be in the form approved by the
Commissioner.
47Additional requirements for
dealers
(cf 1990 Reg cl 36)
(1)
A licensed firearms dealer must affix and keep
affixed to each firearm in the dealer’s possession (other than for the
purposes of maintenance or repair) a label showing the entry number for that
firearm as entered in the record required to be kept under this Part and the
identifying number (if any) of that firearm.
(2)
A licensed firearms dealer must, if notice in
writing is served on the dealer by the Commissioner, furnish to the
Commissioner, within such time as is specified in the notice and in the form
provided by the Commissioner, such particulars relating to the acquisition,
disposition or possession by the dealer of any firearms or firearm parts as
are required by the notice.
(3)
A licensed firearms dealer must, within 24 hours
after becoming aware of the loss, theft or destruction of any firearm or
firearm part that was in the possession of the dealer, notify the Commissioner
of that loss, theft or destruction in the form approved by the Commissioner
for that purpose.
(4)
A licensed firearms dealer must ensure that each
record required by this Act to be kept by the dealer is kept in a place of
safe keeping on the premises specified in the licence (but not in a place of
safe keeping in which firearms are kept).
(5)
A licensed firearms dealer must not take
possession of any firearm for the purpose of maintaining or repairing it
unless the firearms dealer has sighted both of the following:
(a)
the licence or permit of the person who is giving
possession of the firearm to the dealer,
(b)
the current notice of registration of the
firearm.
(6)
A licensed firearms dealer must not maintain or
repair any firearm that is not registered.
Maximum penalty (subsections (1)–(6)): 50
penalty units.
(7)
The regulations may prescribe other requirements
with respect to licensed firearms dealers.
48Security of displayed
firearms
(cf APMC 8, 1990 Reg cl 37)
(1)
A licensed firearms dealer who displays firearms
on the dealer’s premises must ensure that those firearms are secured in
such a manner as would reasonably prevent their removal otherwise than by the
dealer or any employee of the dealer.
(2)
A licensed firearms dealer must ensure that any
firearm displayed in any part of the premises to which the licence
relates:
(a)
is under the immediate supervision and control of
the dealer or an employee of the dealer, and
(b)
is not displayed to the public unless reasonable
precautions are taken to prevent it from being
stolen.
Maximum penalty: 50 penalty
units.
s 48: Am 2001 No 112,
Sch 3.6 [1].
49Interstate transactions
between dealers
(cf 1990 Reg cl 38)
(1)
Despite any other provision of this Act, a
licensed firearms dealer is, for the purposes of any transaction between the
dealer and the holder of a corresponding licence outside New South Wales,
authorised to purchase a firearm from the holder of that corresponding
licence.
(2)
In this section, corresponding licence means an
instrument that, in the opinion of the Commissioner, is the equivalent of a
firearms dealer licence in a place outside New South
Wales.
s 49: Am 2001 No 24,
Sch 1 [11].
Part 6Miscellaneous
offences
50Purchase of
firearms
(cf APMC 7, 1989 Act s 6)
A person must not purchase a firearm unless the
person is:
(a)
authorised to possess the firearm by a licence or
permit, and
(b)
except in the case of a licensed firearms dealer,
authorised to acquire the firearm by a permit (or the equivalent of any such
permit that is issued under the law of another State or Territory in respect
of the firearm concerned).
Maximum penalty: imprisonment for 10 years if the
firearm concerned is a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 50: Am 2001 No 24,
Sch 1 [18]; 2002 No 47, Sch 2 [3].
50AAPurchase of firearm
parts
(1)
A person must not purchase a firearm part unless
the person:
(a)
is the holder of a licence or permit for the kind
of firearm to which the firearm part relates, or
(b)
is authorised by a permit to purchase the firearm
part.
Maximum penalty: imprisonment for 5
years.
(2)
A person must not purchase a firearm part that
relates to any kind of prohibited firearm or pistol unless the person:
(a)
is the holder of a licence or permit for that
kind of prohibited firearm or pistol, or
(b)
is authorised by a permit to purchase the firearm
part.
Maximum penalty: imprisonment for 10
years.
(3)
If, on the trial of a person for an offence under
subsection (2), the jury is not satisfied that the accused is guilty of the
offence but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty of the offence
charged but guilty of an offence under subsection (1), and the accused is
liable to punishment accordingly.
s 50AA: Ins 2003 No
92, Sch 2 [1].
50AUnauthorised manufacture of
firearms
(1)
A person who manufactures a firearm is guilty of
an offence under this subsection unless the person is authorised by a licence
or permit to manufacture the firearm.
Maximum penalty: imprisonment for 10
years.
(2)
A person who manufactures a prohibited firearm or
pistol is guilty of an offence under this subsection unless the person is
authorised by a licence or permit to manufacture the prohibited firearm or
pistol.
Maximum penalty: imprisonment for 20
years.
(3)
Without limiting the operation of subsection (1)
or (2), those subsections apply to a person regardless of whether the firearm
concerned was manufactured in the course of carrying on a
business.
(4)
If on the trial of a person for an offence under
subsection (2) the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied on the evidence that the accused is guilty of
an offence under subsection (1), it may find the accused not guilty of the
offence charged but guilty of an offence under subsection (1), and the accused
is liable to punishment accordingly.
(5)
In this section:
manufacture a firearm includes
assemble a firearm from firearm parts.
s 50A: Ins 2002 No
47, Sch 1 [12].
51Restrictions on sale of
firearms
(1)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a firearm to another person (the
purchaser) unless:
(a)
the purchaser is authorised to possess the
firearm by a licence or permit, and
(b)
the following documents have been produced to,
and inspected by, the seller:
(i)
the purchaser’s licence or permit,
and
(ii)
if the purchaser is not a licensed firearms
dealer—the purchaser’s permit to acquire the firearm (or the
equivalent of any such permit that is issued under the law of another State or
Territory in respect of the firearm concerned).
Maximum penalty: imprisonment for 5
years.
(1A)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a prohibited firearm or pistol to another person (the purchaser) unless:
(a)
the purchaser is authorised to possess the
prohibited firearm or pistol by a licence or permit, and
(b)
the following documents have been produced to,
and inspected by, the seller:
(i)
the purchaser’s licence or permit,
and
(ii)
if the purchaser is not a licensed firearms
dealer—the purchaser’s permit to acquire the firearm (or the
equivalent of any permit that is issued under the law of another State or
Territory in respect of the prohibited firearm or pistol
concerned).
Maximum penalty: imprisonment for 20
years.
(2)
A person other than a licensed firearms dealer
must not sell, or knowingly take part in the sale of, a firearm to a person
who is not a licensed firearms dealer unless:
(a)
the sale has, in accordance with the regulations,
been arranged through a licensed firearms dealer, or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 5
years.
(2A)
A person other than a licensed firearms dealer
must not sell, or knowingly take part in the sale of, a prohibited firearm or
pistol to a person who is not a licensed firearms dealer unless:
(a)
the sale has, in accordance with the regulations,
been arranged through a licensed firearms dealer, or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 20
years.
(3)
For the purposes of this section, a person
takes
part in the sale of a firearm if:
(a)
the person takes, or participates in, any step,
or causes any step to be taken, in the process of that sale,
or
(b)
the person provides or arranges finance for any
step in that process, or
(c)
the person provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is the owner, lessee or occupier
or of which the person has the care, control or
management.
(4)
If on the trial of a person for an offence under
subsection (1A) or (2A) the jury is not satisfied that the accused is guilty
of the offence charged but is satisfied on the evidence that the accused is
guilty of an offence under subsection (1) or (2), respectively, it may find
the accused not guilty of the offence charged but guilty of the latter
offence, and the accused is liable to punishment
accordingly.
s 51: Subst 2001 No
24, Sch 1 [19]. Am 2002 No 47, Sch 2 [4]–[8].
51ARestrictions on purchase of
firearms
(1)
A person (the
purchaser) must not purchase a firearm from another person
(the
seller) unless:
(a)
the seller is authorised to possess the firearm
by a licence or permit, and
(b)
the seller’s licence or permit has been
produced to, and inspected by, the purchaser.
(2)
A person other than a licensed firearms dealer
must not purchase a firearm from another person who is not a licensed firearms
dealer unless:
(a)
the sale has been, in accordance with the
regulations, arranged through a licensed firearms dealer,
or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 14 years if the
firearm concerned is a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 51A: Ins 2001 No
24, Sch 1 [19]. Am 2002 No 47, Sch 2 [9].
51BSelling firearms on an ongoing
basis
(1)Offence
A person must not contravene section 51 on 3 or
more separate occasions over any consecutive period of 12
months.
Maximum penalty: imprisonment for 20
years.
(2)Jury must be satisfied as to
same 3 occasions of sale
If, on the trial of a person for an offence under
this section, more than 3 occasions of selling a firearm are relied on as
evidence of commission of the offence, all the members of the jury must be
satisfied as to the same 3 occasions in order to find the person guilty of the
offence.
(3)Alternative
verdict—relevant selling offence
If, on the trial of a person for an offence under
this section, the jury is not satisfied that the offence is proven but is
satisfied that the person has, in respect of any of the occasions relied on as
evidence of commission of the offence under this section, committed a relevant
selling offence, the jury may acquit the person of the offence charged and
find the person guilty of the relevant selling offence, and the person is
liable to punishment accordingly.
(4)Double jeopardy
provisions
A person who has been convicted of an offence
under this section is not liable to be convicted:
(a)
of a relevant selling offence,
or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been convicted.
(5)
A person who has been acquitted of an offence
under this section is not liable to be convicted:
(a)
except as provided by subsection (3)—of a
relevant selling offence, or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been acquitted.
(6)
A person who has been:
(a)
convicted of a relevant selling offence,
or
(b)
acquitted of a relevant selling
offence,
is not liable to be convicted of an offence under this
section on the same, or substantially the same, facts as those relied on as
evidence of commission of the relevant selling offence.
(7)Liability for relevant selling
offences not affected by offence under this section
Subject to subsections (4) and (5), this section
does not:
(a)
remove the liability of any person to be
convicted of a relevant selling offence, or
(b)
affect the punishment that may be imposed for any
such offence.
(8)Definition
In this section, relevant
selling offence means any offence under this Act (other than
under this section) relating to the sale of a firearm.
s 51B: Ins 2001 No
24, Sch 1 [19]. Am 2003 No 92, Sch 2 [2].
51BARestrictions on sale of
firearm parts
(1)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a firearm part to another person (the
purchaser) unless:
(a)
the seller is authorised by a licence or permit
to sell the firearm part, and
(b)
the purchaser is the holder of a licence or
permit for the kind of firearm to which the firearm part relates,
and
(c)
the purchaser’s licence or permit has been
produced to, and inspected by, the seller.
Maximum penalty: imprisonment for 5
years.
(2)
A person (the seller) must not sell, or
knowingly take part in the sale of, a firearm part to another person (the
purchaser), being a firearm part that solely relates to any
kind of prohibited firearm or pistol, unless:
(a)
the seller is authorised by a licence or permit
to sell the firearm part, and
(b)
the purchaser is the holder of a licence or
permit for that kind of prohibited firearm or pistol, and
(c)
the purchaser’s licence or permit has been
produced to, and inspected by, the seller.
Maximum penalty: imprisonment for 10
years.
(3)
For the purposes of this section, a person
takes
part in the sale of a firearm part if:
(a)
the person takes, or participates in, any step,
or causes any step to be taken, in the process of that sale,
or
(b)
the person provides or arranges finance for any
step in that process, or
(c)
the person provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is the owner, lessee or occupier
or of which the person has the care, control or
management.
(4)
If, on the trial of a person for an offence under
subsection (2), the jury is not satisfied that the accused is guilty of the
offence but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty of the offence
charged but guilty of an offence under subsection (1), and the accused is
liable to punishment accordingly.
s 51BA: Ins 2003 No
92, Sch 2 [3].
51BBSelling firearm parts on an
ongoing basis
(1)
A person must not contravene section 51BA on 3 or
more separate occasions over any consecutive period of 12
months.
Maximum penalty: imprisonment for 20
years.
(2)
For the purposes of this section, the sale of
more than one firearm part to any person on a single occasion does not, in
itself, constitute more than one occasion.
(3)
If, on the trial of a person for an offence under
this section, more than 3 occasions of selling a firearm part are relied on as
evidence of commission of the offence, all the members of the jury must be
satisfied as to the same 3 occasions in order to find the person guilty of the
offence.
(4)
If, on the trial of a person for an offence under
this section, the jury is not satisfied that the offence is proven but is
satisfied that the person has, in respect of any of the occasions relied on as
evidence of commission of the offence under this section, committed an offence
under section 51BA, the jury may acquit the person of the offence charged and
find the person guilty of an offence under section 51BA, and the person is
liable to punishment accordingly.
(5)
A person who has been convicted of an offence
under this section is not liable to be convicted:
(a)
of an offence under section 51BA,
or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been convicted.
(6)
A person who has been acquitted of an offence
under this section is not liable to be convicted:
(a)
except as provided by subsection (4)—of an
offence under section 51BA, or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been acquitted.
(7)
A person who has been:
(a)
convicted of an offence under section 51BA,
or
(b)
acquitted of such an
offence,
is not liable to be convicted of an offence under this
section on the same, or substantially the same, facts as those relied on as
evidence of commission of the offence under section
51BA.
(8)
Subject to subsections (5) and (6), this section
does not:
(a)
remove the liability of any person to be
convicted of an offence under section 51BA, or
(b)
affect the punishment that may be imposed for any
such offence.
s 51BB: Ins 2003 No
92, Sch 2 [3].
51CConspiring to commit and
aiding etc commission of offence outside New South Wales
A person must not, in New South Wales:
(a)
conspire with another person or persons to commit
an offence in any place outside New South Wales, being an offence punishable
under the provisions of a law in force in that place that corresponds to a
provision of this Act, or
(b)
aid, abet, counsel, procure, solicit or incite
the commission of an offence in any place outside New South Wales, being an
offence punishable under the provisions of a law in force in that place that
corresponds to a provision of this Act.
Maximum penalty: the same punishment, pecuniary
penalty and forfeiture that the person would be subject to if the offence
concerned had been committed in New South Wales.
s 51C: Ins 2001 No
24, Sch 1 [19].
51DUnauthorised possession of
firearms in aggravated circumstances
(1)
A person who is in possession of more than 3
firearms is guilty of an offence under this subsection if:
(a)
the firearms are not registered,
and
(b)
the person is not authorised by a licence or
permit to possess the firearms.
Maximum penalty: imprisonment for 10
years.
(2)
A person who is in possession of more than 3
firearms any one of which is a prohibited firearm or pistol is guilty of an
offence under this subsection if:
(a)
the firearms are not registered,
and
(b)
the person is not authorised by a licence or
permit to possess the firearms.
Maximum penalty: imprisonment for 20
years.
(3)
If on the trial of a person for an offence under
subsection (2) the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied on the evidence that the accused is guilty of
an offence under subsection (1), it may find the accused not guilty of the
offence charged but guilty of an offence under subsection (1), and the accused
is liable to punishment accordingly.
s 51D: Ins 2002 No
47, Sch 1 [13].
51EPossession or use of pistols
fitted with magazines of more than 10 round capacity
A person who is the holder of a category H
(sport/target shooting) licence must not possess or use a pistol fitted with a
magazine that has a capacity of more than 10 rounds.
Maximum penalty: imprisonment for 14
years.
s 51E: Ins 2003 No
36, Sch 1 [15].
52Use of mail for sending
firearms and barrels
(cf 1990 Reg cl 86B)
(1)
A person must not send a firearm or firearm
barrel by mail to an address in New South Wales.
(2)
A person must not receive a firearm or firearm
barrel by mail at an address in New South Wales.
(3)
A person must not direct or request another
person, whether the other person is within or outside New South Wales when the
request is made, to send a firearm or firearm barrel by mail to an address in
New South Wales, whether or not the request is made in writing or in
connection with the purchase by the person of the firearm or firearm
barrel.
(4)
A person is taken to have made such a request if
the person accepts an offer made by another person within or outside New South
Wales to forward a firearm or firearm barrel by mail to an address within New
South Wales.
(5)
It is a defence to a prosecution under subsection
(2) if the defendant proves that the firearm or firearm barrel was sent to the
defendant without his or her knowledge or approval.
(6)
Maximum penalty: 50 penalty
units.
s 52: Am 1996 No 135,
Sch 1 [47] [48]; 2001 No 112, Sch 3.6 [4].
53Use of mail for sending
firearms outside this State
(cf APMC 9, 1990 Reg cl 87)
A person must not send a firearm or firearm
barrel to another person by mail unless:
(a)
the person sending the firearm or firearm barrel
is a licensed firearms dealer, and
(b)
the address to which the firearm or firearm
barrel is sent is outside New South Wales, and
(c)
the firearm or firearm barrel is sent by security
mail, and
(d)
the other person would not, because of receiving
the firearm or firearm barrel or being in possession of it at the place to
which it is sent, be guilty of any offence under any law which applies at that
place, and
(e)
the other person is a licensed firearms dealer
under the law of that other place.
Maximum penalty: 50 penalty
units.
s 53: Am 1996 No 135,
Sch 1 [49].
54Advertising sale of
firearms
(cf APMC 10 (a))
A person must not cause an advertisement for the
sale of a firearm or firearm part to be published unless:
(a)
the person is a licensed firearms dealer,
or
(b)
the proposed sale is to be arranged by or through
a licensed firearms dealer and the advertisement contains such particulars as
may be prescribed by the regulations.
Maximum penalty: 50 penalty
units.
s 54: Am 1996 No 135,
Sch 1 [50].
55Means of delivering possession
of firearms
(cf 1990 Reg cl 86A)
A person may deliver possession of a firearm or
firearm part to another person:
(a)
in person only, or
(b)
only by means of another person who appears to
the person to be able to ensure the security of the firearm or firearm part
during the course of delivery.
Maximum penalty: 50 penalty
units.
56Commercial transportation of
firearms
Any person who is engaged in the business of
transporting goods must not transport any firearm unless the firearm is
conveyed in accordance with the safety requirements prescribed by the
regulations.
Maximum penalty: 50 penalty
units.
s 56: Subst 1996 No
135, Sch 1 [51].
57Non-commercial transportation
of certain firearms
(cf APMC 10 (a))
Any person (other than a person who is engaged in
the business of transporting goods) who conveys a prohibited firearm or a
pistol must comply with the safety requirements prescribed by the
regulations.
Maximum penalty: 50 penalty
units.
s 57: Am 1996 No 135,
Sch 1 [52].
58Possession of spare barrels
for firearms
(cf 1989 Act s 9)
(1)
A person must not possess a barrel for a firearm
(other than a prohibited pistol) unless the person is authorised by a licence
or permit to possess the firearm or the barrel.
Maximum penalty: 50 penalty
units.
(2)
A person must not possess a barrel for a
prohibited pistol unless the person is authorised by a licence or permit to
possess the pistol or barrel.
Maximum penalty: imprisonment for 5
years.
s 58: Am 2003 No 36,
Sch 1 [16] [17].
59“On-the-spot”
inspection of firearms by police
(cf 1989 Act s 10)
(1)
A person who is carrying a firearm or possesses a
firearm that is within the immediate vicinity of the person must, on the
demand of a police officer at any time, produce for inspection by the police
officer:
(a)
the firearm, and
(b)
any licence or permit that authorises the person
to possess the firearm.
Maximum penalty: 20 penalty units or imprisonment
for 12 months, or both.
(2)
A person is guilty of an offence under this
section only if the police officer, when making the demand, explains to the
person that failure to comply with the demand is an offence under this
Act.
(3)
A person is not guilty of an offence under this
section because of failing to produce a licence or permit if the
person:
(a)
has a reasonable excuse for not having the
licence or permit when the demand is made, and
(b)
produces it, as soon as is practicable (but not
more than 6 hours) after the demand for its production is made, to the police
officer who made the demand or to another such police officer nominated by the
officer.
(4)
In this section, firearm includes a firearm
part.
60Disposal of firearms by
unauthorised persons
(cf 1989 Act s 11)
(1)
A person who comes into possession of a firearm,
but is not authorised by or under this Act to possess the firearm, must
(except as provided by section 82A) immediately surrender the firearm to a
police officer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A person does not contravene any other provision
of this Act just by surrendering a firearm in accordance with this
section.
s 60: Am 2003 No 36,
Sch 1 [18].
61Unsafe
firearms
(cf 1989 Act s 13)
(1)
A person must not sell or give possession of a
firearm to another person knowing that it is unsafe, except after giving an
appropriate warning.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
(2)
A police officer may seize any firearm in the
possession of any person if:
(a)
the firearm is in a public place,
and
(b)
the officer suspects on reasonable grounds that
the firearm is unsafe.
(3)
For the purposes of this section, a firearm is to
be considered as being unsafe (apart from any other reason for which it may be
unsafe) if, because of some mechanical defect or its general condition, it may
reasonably be considered to be unsafe.
62Shortening
firearms
(cf 1989 Act s 14)
(1)
A person must not, unless authorised to do so by
a permit:
(a)
shorten any firearm (other than a pistol),
or
(b)
possess any such firearm that has been shortened,
or
(c)
sell or give possession of any such firearm that
has been shortened to another person.
Maximum penalty: imprisonment for 10
years.
(2)
The regulations may provide that certain kinds of
firearms are to be considered as having been shortened for the purposes of
this section only if they (or specified parts of them) have prescribed
characteristics.
s 62: Am 2002 No 47,
Sch 2 [10].
63Converting
firearms
(cf 1989 Act s 15)
(1)
A person must not shorten a firearm so as to
convert it into a pistol unless a licence has been issued to the person
authorising possession of the pistol.
Maximum penalty: imprisonment for 10
years.
(1A)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a pistol that is not a
prohibited pistol so as to convert it into a prohibited pistol.
Maximum penalty: imprisonment for 10
years.
(2)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a prohibited firearm so as to
convert it into a firearm that is not a prohibited firearm.
Maximum penalty: imprisonment for 10
years.
(3)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a firearm that is not a
prohibited firearm so as to convert it into a prohibited
firearm.
Maximum penalty: imprisonment for 10
years.
(4)
A person must not provide another person with any
information or thing that the person knows, or could reasonably be expected to
know, is to be used for the purpose of altering the construction or action of
a firearm if the other person is not authorised by a licence or permit to
possess a firearm of the kind to which it is capable of being so
altered.
Maximum penalty: imprisonment for 10
years.
s 63: Am 2002 No 47,
Schs 1 [14], 2 [11]; 2003 No 36, Sch 1 [19].
64Restrictions where alcohol or
other drugs concerned
(cf 1989 Act s 16)
(1)
A person must not handle or use a firearm while
the person is under the influence of alcohol or any other drug.
Maximum penalty: imprisonment for 5
years.
(2)
A person must not sell or give possession of a
firearm to another person:
(a)
if the person knows or has reasonable cause to
believe that the other person is under the influence of alcohol or any other
drug, or
(b)
if the other person’s appearance or
behaviour is such that the person intending to sell or give possession of the
firearm believes or has reasonable cause to believe that the other person is
incapable of exercising responsible control over the
firearm.
Maximum penalty: imprisonment for 5
years.
s 64: Am 2002 No 47,
Sch 2 [12].
65Sale, purchase and possession
of ammunition
(cf APMC 9 (c), 1989 Act s 17)
(1)
A person must not sell ammunition for any firearm
unless:
(a)
the purchaser is the holder of a licence or
permit for a firearm which takes that ammunition, or
(b)
the purchaser is authorised to purchase it by a
permit,
and the seller has seen the licence or
permit.
(2)
A person must not purchase ammunition for any
firearm unless the person:
(a)
is the holder of a licence or permit for a
firearm which takes that ammunition, or
(b)
is authorised to purchase it by a
permit,
and the amount of ammunition that is purchased at any
one time does not exceed the amount (if any) prescribed by the
regulations.
(3)
A person must not possess ammunition unless the
person:
(a)
is the holder of a licence or permit for a
firearm which takes that ammunition, or
(b)
is authorised to possess it by a
permit.
(4)
A person is not guilty of an offence under
subsection (3) only because of possessing ammunition that is being conveyed or
stored in the ordinary course of the person’s duties in the business of
a carrier or warehouse operator.
Maximum penalty: 50 penalty
units.
s 65: Am 1996 No 135,
Sch 1 [53]–[56] (am 1997 No 55, Sch 2.6); 2001 No 24, Sch 1 [11] [20];
2001 No 112, Sch 3.6 [4].
66Defacing or altering
identification marks
(cf 1989 Act s 18)
A person must not, unless authorised by the
Commissioner to do so:
(a)
deface or alter any number, letter or
identification mark on any firearm or barrel for a firearm,
or
(b)
have possession of any firearm or barrel for a
firearm on which any number, letter or identification mark has been defaced or
altered.
Maximum penalty: imprisonment for 5
years.
s 66: Am 2002 No 47,
Sch 2 [13].
67Pawning of firearms
prohibited
(cf 1989 Act s 20)
A pawnbroker must not take a firearm, firearm
part or ammunition into pawn.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
68Licence or permit must be
produced on demand
(cf 1989 Act s 37)
(1)
A person to whom a licence or permit is issued
must, on demand made by a police officer at any time:
(a)
if the person has the licence or permit in his or
her immediate possession—produce the licence or permit for inspection by
the police officer, or
(b)
if the person does not have the licence or permit
in his or her immediate possession—produce it as soon as practicable
(but not more than 6 hours) after the demand is made to the police officer who
made the demand or to another police officer nominated by the officer,
or
(c)
state the person’s full name and usual
place of residence to the police officer.
Maximum penalty: 50 penalty
units.
(2)
A person is guilty of an offence under this
section only if the police officer, when making the demand, explains to the
person that failure to comply with the demand is an offence against this
Act.
69Requirement to notify change
of address
(cf 1990 Reg cl 26)
A licensee or the holder of a permit must, if
there is any change in the licensee’s or permit holder’s place of
residence, provide the Commissioner with the particulars of the change of
address within 7 days after the change occurs.
Maximum penalty: 50 penalty
units.
70False or misleading
applications
(cf 1989 Act s 44)
A person must not, in or in connection with an
application under this Act or the regulations, make a statement or provide
information that the person knows is false or misleading in a material
particular.
Maximum penalty: imprisonment for 10 years if the
application relates to a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 70: Am 2002 No 47,
Sch 2 [14].
71Misuse of licences and
permits
(cf 1989 Act s 46)
A person must not:
(a)
falsely represent himself or herself to be the
holder of a licence or permit (whether or not it is in force),
or
(b)
(c)
give possession of a licence or permit to another
person for the purpose of using it unlawfully, or
(d)
steal a licence or permit, or
(e)
knowingly have possession of a forged,
fraudulently altered, borrowed or stolen licence or
permit.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
Note—
It is an offence under section 300 (1) of the
Crimes Act 1900 to make a false
instrument (such as a forged or fraudulently altered firearms licence) with
the intention that it will be used by somebody to induce another person to
accept it as genuine and (because of that acceptance) to do (or not do) some
act to that other person’s prejudice. The penalty for such an offence is
imprisonment for 10 years.
s 71: Am 2003 No 92,
Sch 2 [4].
s 71, note: Ins 2003
No 92, Sch 2 [5].
71AUsing forged or fraudulently
altered licence or permit to obtain firearm
(1)
A person is guilty of an offence under this
section if the person uses a document that is, and that the person knows to
be, false, with the intention of obtaining a firearm.
Maximum penalty: imprisonment for 10
years.
(2)
For the purposes of this section, a document is
false if it purports to be a licence or permit authorising the person who is
using it to possess a firearm but is in fact:
(a)
not a licence or permit, or
(b)
a licence or permit that has been altered in any
respect by a person who was not authorised to make the alteration,
or
(c)
a licence or permit that has been issued to
another person.
s 71A: Ins 2003 No
92, Sch 2 [6].
72Falsifying or altering
records
(1)
A firearms dealer must not, with intent to
deceive, make a false or misleading entry in, or alter, a record required to
be made or kept under section 45.
Maximum penalty: imprisonment for 14 years if the
record relates to a prohibited firearm or pistol (or part of a prohibited
firearm or pistol), or imprisonment for 5 years in any other
case.
(2)
A person must not, with intent to deceive, make a
false or misleading entry in, or alter, any other record required to be made
or kept by or under this Act.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
s 72: Subst 2001 No
24, Sch 1 [21]. Am 2002 No 47, Sch 2 [15].
Part 9Miscellaneous
provisions
78Compensation for surrendering
prohibited pistols and post-1946 pistols
(1)
In this section and in section 78A:
buyback
period means the period starting on the commencement of this
section (as substituted by the Firearms
Amendment (Prohibited Pistols) Act 2003) and ending 6
months later (or such longer period as may be prescribed by the
regulations).
(2)
A person who is the holder of a category H
(sport/target shooting) licence that was in force immediately before the start
of the buyback period is entitled to be paid compensation by the State for any
registered prohibited pistol in the person’s possession if:
(a)
the person was, immediately before the date on
which the buyback period starts, authorised by the licence to possess the
pistol, and
(b)
the pistol is surrendered to a police officer or
other member of NSW Police during the buyback
period.
(3)
A person who is the holder of a firearms dealer
licence that was in force immediately before the start of the buyback period
is entitled to be paid compensation by the State for any prohibited pistol in
the person’s possession if the pistol:
(a)
was acquired or ordered by the person before 20
December 2002, and
(b)
is surrendered to a police officer or other
member of NSW Police during the buyback period.
(4)
A person who is the holder of a firearms
collector licence that was in force immediately before the start of the
buyback period is entitled to be paid compensation by the State for any
registered post-1946 pistol in the person’s possession if:
(a)
the person was, immediately before the date on
which the buyback period starts, authorised under this Act or the regulations
to possess the pistol as part of the person’s firearms collection,
and
(b)
the person is unable to comply with section 20
(f), and
(c)
the pistol is surrendered to a police officer or
other member of NSW Police during the buyback
period.
(5)
The amount of compensation payable for
surrendering a prohibited pistol or post-1946 pistol under this section is the
amount specified in respect of the pistol in the valuation list approved by
the Commissioner for the purposes of this section. That list is to be made
publicly available in such manner as the Commissioner
determines.
(6)
If a person who is entitled to be paid
compensation for surrendering a pistol under this section establishes that the
approved valuation list does not take into account any modification or other
thing that may relate to the true value of the pistol (being a modification or
thing that has not been valued in relation to the pistol in accordance with
the valuation list), the Commissioner may refer the dispute to an independent
pistol evaluation panel constituted by the Commissioner for the purposes of
this section. Such a panel is to comprise persons who, in the opinion of the
Commissioner, are suitably qualified to assess the value of pistols
surrendered under this section.
(7)
The panel is to determine any such valuation
dispute referred to it. Any such determination may include a recommendation to
the Commissioner as to the value of any modification or other thing that is
the subject of the dispute.
(8)
The panel’s determination is final and is
not subject to any appeal or review.
(9)
Any prohibited pistol or post-1946 pistol that is
surrendered under this section is forfeited to the Crown after compensation
for the pistol has been paid in accordance with this
section.
(10)
The Commissioner is to make arrangements:
(a)
for the manner in which prohibited pistols and
post-1946 pistols are to be surrendered under this section,
and
(b)
for the manner in which compensation under this
section is to be paid, and
(c)
for the disposal or destruction of, or for
otherwise dealing with, pistols that are to be surrendered under this
section.
s 78: Am 1996 No 135,
Sch 1 [57]–[60]. Subst 2003 No 36, Sch 1 [20].
78ACompensation for surrendering
other items
The regulations may make provision for or with
respect to the payment of compensation by the State in relation to the
surrendering, during the buyback period, of any one or more of the
following:
(a)
pistols that are not prohibited
pistols,
(b)
post-1946 pistols that the holder of a firearms
collector licence is authorised under this Act or the regulations to possess
as part of the licensee’s firearms collection,
(c)
firearm parts and accessories in relation to
prohibited pistols,
(d)
pistol magazines with a capacity of more than 10
rounds,
(e)
such other things in relation to prohibited
pistols and post-1946 pistols as may be prescribed by the
regulations.
s 78A: Ins 1996 No
135, Sch 1 [61]. Subst 2003 No 36, Sch 1 [21].
79Disclosure by health
professionals of certain information
(1)
If a health professional is of the opinion that a
person to whom the health professional has been providing professional
services may pose a threat to public safety (or a threat to the person’s
own safety) if in possession of a firearm, the health professional may inform
the Commissioner of that opinion.
(2)
A health professional is not subject to any
criminal or civil liability, including liability for breaching any duty of
confidentiality, if the health professional informs the Commissioner in good
faith of the health professional’s opinion referred to in subsection
(1).
(3)
In this section:
health
professional means any of the following persons:
(a)
a medical practitioner, psychologist, nurse or
social worker,
(b)
a person who provides professional counselling
services,
(c)
a person who is of such other class of health
professional as may be prescribed by the
regulations.
s 79: Am 1996 No 135,
Sch 1 [62]–[64]. Subst 2003 No 36, Sch 1 [22].
79ADisclosure of certain
information by club officials
The disclosure of any information or other matter
by the secretary or other relevant office holder of a pistol club or a
collectors’ society or club to the Commissioner in accordance with any
requirement imposed on the secretary or office holder under the regulations
does not, if the disclosure was in good faith, subject the society or club, or
the secretary or office holder, to any criminal or civil
liability.
s 79A: Ins 2003 No
36, Sch 1 [23].
80Disposal of surrendered or
seized firearms
(cf 1989 Act s 48)
(1)
A Local Court or the Children’s Court may,
on application by a police officer or by any person who claims to be the owner
of a firearm surrendered to or seized by a police officer in accordance with
this Act or section 23A (4) of the Security Industry
Act 1997, order that the firearm:
(a)
be forfeited to the Crown, or
(b)
be returned to the person claiming to be owner of
the firearm, or
(c)
be otherwise disposed of in such manner as the
Court thinks fit.
(2)
If a person is found guilty of an offence under
Part 4 and a firearm has been seized by a police officer in connection with
the offence, the court which makes the finding of guilt is taken to have
ordered that the firearm be forfeited to the Crown. A firearm so forfeited may
be destroyed.
(3)
This section does not apply to any firearm that
is surrendered in accordance with section 78.
(4)
In this section, firearm includes a firearm part or
ammunition.
s 80: Am 1998 No 149,
Sch 2.8; 2002 No 107, Sch 2.2 [3].
81Delegation
(cf 1989 Act s 49)
(1)
The Commissioner may delegate to an authorised
person any of the Commissioner’s functions under this Act or the
regulations, other than this power of delegation or the Commissioner’s
functions under section 11 (5A) or 29 (3A).
(2)
A delegate may sub-delegate to an authorised
person any of the functions delegated by the Commissioner if the delegate is
authorised in writing to do so by the Commissioner.
(3)
In this section, authorised person means:
(a)
a police officer or any other member of the
Police Service, or
(b)
a public servant, or
(c)
any other person prescribed by the
regulations.
s 81: Am 2002 No 47,
Sch 1 [17].
82Liability of
parents
(cf 1989 Act s 50)
(1)
If a person under the age of 18 years contravenes
any provision of this Act or the regulations, each parent of the person is
taken to have contravened the same provision if the parent knowingly
authorised or permitted the contravention.
(2)
A parent may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the parent’s
child has been proceeded against or convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on the parent’s child for an offence committed by the child
under this Act or the regulations.
(4)
In this section, parent includes a
guardian.
82ADeceased
estates
(1)
The executor or administrator of an estate of a
person:
(a)
who has died, and
(b)
who was authorised by a licence or permit to
possess a firearm,
does not commit an offence under section 7 or 7A in
respect of the possession of the firearm if the executor or administrator
retains possession of the firearm for the purposes of disposing of it
lawfully.
(2)
Any such executor or administrator must:
(a)
notify the Commissioner of the death of the
person who possessed the firearm as soon as practicable after the
person’s death, and
(b)
while retaining possession of the firearm, comply
with the same requirements as to the safe keeping of the firearm that would
apply to a person who is authorised by a licence or permit to keep a firearm
of that kind.
Maximum penalty: 50 penalty
units.
(3)
Subsection (1) ceases to have effect in relation
to any such executor or administrator:
(a)
once the firearm is disposed of lawfully by the
executor or administrator, or
(b)
at the end of the period of 6 months immediately
following the death of the person who was authorised to possess the firearm
concerned,
whichever occurs first.
(4)
Nothing in this section authorises the use of a
firearm.
s 82A: Ins 2003 No
36, Sch 1 [24]. Am 2003 No 85, Sch 5 [1].
83Offences by
corporations
(cf 1989 Act s 51)
(1)
If a corporation contravenes any provision of
this Act or the regulations, each person who is a director of the corporation
or who is concerned in the management of the corporation is taken to have
contravened the same provision if the person knowingly authorised or permitted
the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the corporation
has been proceeded against or convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation under
this Act or the regulations.
84Proceedings for
offences
(cf 1989 Act s 52)
(1)
Except as provided by this section, proceedings
for an offence under this Act or the regulations may be disposed of summarily
before a Local Court.
(2)
An offence under section 7 or 7A, 36, 43, 44A,
50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64,
66, 70, 71A, 72 (1) or 74 may be prosecuted on indictment. However, Chapter 5
of the Criminal Procedure Act
1986 (which relates to the summary disposal of certain
indictable offences unless an election is made by the prosecution to proceed
on indictment) applies to and in respect of an offence referred to in this
subsection.
(3)
An offence under section 50A (2), 51 (1A) or
(2A), 51B, 51BB or 51D (2) is to be prosecuted on indictment
only.
s 84: Am 1999 No 94,
Sch 4.24; 2001 No 24, Sch 1 [22]; 2001 No 121, Sch 2.116 [1] [2]; 2002 No 47,
Sch 1 [18] [19]; 2003 No 36, Sch 1 [25]; 2003 No 85, Sch 5 [1]; 2003 No 92,
Sch 2 [7] [8].
85Time for commencing
proceedings for offence
(cf 1989 Act s 53)
An offence under this Act or the regulations may
be dealt with in a summary manner before a Local Court if the court attendance
notice was issued within 2 years of the date on which the offence is alleged
to have been committed.
s 85: Am 2001 No 121,
Sch 2.116 [3].
86Service of
notices
(cf 1989 Act s 54)
Any notice or other instrument required or
authorised by this Act or the regulations to be served on a person by post is
sufficiently addressed if it is addressed to the last address of the person
known to the Commissioner.
87Evidence
(cf 1989 Act s 55)
A certificate signed by the Commissioner
certifying any one or more of the following:
(a)
that a specified person was or was not, on a day
or during a specified period, the holder of a licence or
permit,
(b)
that any licence or permit was or was not, on a
day or during a specified period, subject to specified
conditions,
(c)
that a specified person was or was not, on a
specified day or during a specified period, subject to a firearms prohibition
order,
(d)
that a specified firearm was registered or
unregistered on a day or during a specified period,
(e)
that a specified person was the person in whose
name a firearm was registered on a day or during a specified
period,
(f)
that a specified address was, on a specified
date, the last address known to the Commissioner of a specified
person,
is admissible in any proceedings under this Act and is
prima facie evidence of the matters so certified.
s 87: Am 2003 No 92,
Sch 2 [9].
88Regulations
(cf 1989 Act s 56)
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
Without affecting the generality of subsection
(1), the regulations may make provision for or with respect to any of the
following matters:
(a)
the acquisition, possession, registration,
storage, identification, maintenance, carrying, conveyance, altering, repair,
testing and use of firearms,
(b)
the compensation payable in respect of the
surrender of pistols as provided by section 78,
(b1)
(c)
firearm safety training
courses,
(d)
training and supervision in relation to
firearms,
(e)
firearms dealers,
(f)
(g)
ammunition collectors,
(h)
components of ammunition,
(i)
security guards,
(j)
spear guns,
(k)
pistol clubs, and their members, and pistol
ranges,
(l)
clubs and shooting ranges for other
firearms,
(m)
(n)
licences, licence renewals and duplicate
licences,
(o)
permits, approvals and
authorisations,
(p)
forms, records, notices and
returns,
(q)
fees payable under this Act or the
regulations,
(r)
exempting persons from specified requirements of
this Act or the regulations,
(s)
the circumstances in which a certified copy of a
licence or permit may be produced in satisfaction of the requirements of this
Act or the regulations instead of an original copy of the licence or
permit.
(3)
A regulation may create an offence punishable by
a penalty not exceeding 50 penalty units.
s 88: Am 1996 No 135,
Sch 1 [65]–[67]; 2001 No 24, Sch 1 [23]; 2003 No 36, Sch 1 [26]
[27].
89Repeal of Firearms Act
1989 and Firearms Regulation
1990
The Firearms Act 1989
and the Firearms Regulation 1990 are
repealed.
90
s 90: Rep 1999 No 85,
Sch 4.
91Savings and transitional
provisions
Schedule 3 has effect.
92Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 3 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 3 years.
93Registration of firearm frames
and receivers
(1)
Part 3 of this Act (Registration of firearms)
applies to every firearm frame and firearm receiver in the same way as it
applies to a firearm.
(2)
However, a firearm frame or firearm receiver is
taken to be registered under Part 3 if the frame or receiver forms part of a
firearm that is registered under that Part.
s 93: Ins 2001 No 24,
Sch 1 [24].