Firearms Act 1996 No 46

An Act to provide for the regulation, control and registration of firearms; to repeal the Firearms Act 1989; to amend the Prohibited Weapons Act 1989; and for related purposes.

Part 1 Preliminary

1 Name of Act

This Act is the Firearms Act 1996.

2 Commencement

(1)  This Act commences on a day or days to be appointed by proclamation.

(2)  Different days may be appointed for the commencement of section 89 for the purpose of repealing different provisions of the Firearms Act 1989, or the Firearms Regulation 1990, on different days.

3 Principles and objects of Act

(1)  The underlying principles of this Act are:

(a)  to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and

(b)  to improve public safety:

(i)  by imposing strict controls on the possession and use of firearms, and

(ii)  by promoting the safe and responsible storage and use of firearms, and

(c)  to facilitate a national approach to the control of firearms.

(2)  The objects of this Act are as follows:

(a)  to prohibit the possession and use of all automatic and self-loading rifles and shotguns except in special circumstances,

(b)  to establish an integrated licensing and registration scheme for all firearms,

(c)  to require each person who possesses or uses a firearm under the authority of a licence to prove a genuine reason for possessing or using the firearm,

(d)  to provide strict requirements that must be satisfied in relation to licensing of firearms and the acquisition and supply of firearms,

(e)  to ensure that firearms are stored and conveyed in a safe and secure manner,

(f)  to provide for compensation in respect of, and an amnesty period to enable the surrender of, certain prohibited firearms.

s 3: Am 2013 No 74, Sch 1 [1].

4 Definitions (cf 1989 Act s 3, 1990 Reg cl 3)

(1)  In this Act:

acquire means accept or receive supply of.

air gun means a gun that:

(a)  can propel, or is designed to propel, a projectile:

(i)  by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive, or

(ii)  by means of a spring, and

(b)  is operated or designed for operation by means of a trigger or similar device.

ammunition includes:

(a)  any article consisting of a cartridge case fitted with a primer and a projectile, or

(b)  any article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile, or

(c)  blank cartridges, airgun pellets, training cartridges or gas cartridges, or

(d)  any other article prescribed by the regulations for the purposes of this definition.

apprehended violence order means:

(a)  a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or

(b)  a final order made under Part 15A of the Crimes Act 1900 before its repeal, or

(c)  an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.

approved means approved by the Commissioner from time to time.

approved master licensee means a holder of a master licence under the Security Industry Act 1997 who provides uniformed armed security services and is approved by the Commissioner for the purposes of this definition.

barrel length, in relation to a pistol, means:

(a)  in the case of a revolver—the distance from the muzzle of the barrel to the breech end immediately in front of the cylinder, or

(b)  in any other case—the distance from the muzzle of the barrel to the point of the breech face (including the chamber) with the top slide forward and the breech face or bolt in a closed position,

and in either case includes an alteration of such kind as is approved by the Commissioner and that has been permanently attached to the barrel of the pistol.

black powder pistol means a pistol that:

(a)  uses black powder to propel a projectile, and

(b)  is not capable of being loaded with, or of discharging, breech-loaded metallic cartridges.

blank fire firearm means a device that is designed for firing blank cartridges only, such as a starting pistol.

category H (business/employment) licence means a category H licence that is issued for the purposes of business or employment.

category H (sport/target shooting) licence means a category H licence that is issued for the purposes of sport/target shooting.

close associate—see section 4B.

club armourer means a person:

(a)  who is a member of a shooting club approved by the Commissioner in accordance with the regulations, and

(b)  who, in the opinion of the Commissioner, is the club armourer for that club.

Commissioner means the Commissioner of Police.

exercise a function includes perform a duty.

explosive has the same meaning as in the Explosives Act 2003.

firearm means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.

firearm part means a barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming, part of a firearm.

firearms dealer means a person who, in the course of carrying on a business or in carrying out the person’s duties as a club armourer:

(a)  manufactures, acquires, supplies, tests, repairs or converts firearms or firearm parts, and

(b)  possesses firearms or firearm parts for the purpose of doing anything referred to in paragraph (a),

and includes a theatrical armourer.

firearms prohibition order means an order in force under section 73.

function includes a power, authority or duty.

genuine reason means a genuine reason as referred to in the Table to section 12.

imitation firearm—see section 4D.

interim apprehended violence order means:

(a)  an interim apprehended violence order within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, or

(b)  an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.

licence means a licence in force under this Act.

permit means a permit in force under this Act.

pistol means a firearm that:

(a)  is reasonably capable of being raised and fired by one hand, and

(b)  does not exceed any dimension prescribed by the regulations.

possession of a firearm includes any case in which a person knowingly:

(a)  has custody of the firearm, or

(b)  has the firearm in the custody of another person, or

(c)  has the firearm in or on any premises, place, vehicle, vessel or aircraft, whether or not belonging to or occupied by the person.

Note—

See also section 4A.

post-1946 pistol means a pistol manufactured after 1 January 1946.

probationary pistol licence means a category H (sport/target shooting) licence of the kind referred to in section 16A.

prohibited firearm means a firearm described in Schedule 1.

prohibited pistol—see section 4C.

provisional pistol (business/employment) licence means a category H (business/employment) licence of the kind referred to in section 16C.

Register means the Register of Firearms referred to in section 33.

registered means registered for the time being under this Act.

supply means transfer ownership of, whether by sale, gift, barter, exchange or otherwise, and includes the following:

(a)  offer for supply, receive for supply, have in possession for supply or expose or exhibit for supply,

(b)  conduct negotiations for supply,

(c)  consign or deliver for supply,

(d)  cause or allow supply.

test a firearm or firearm part includes carry out developmental work or research into the manufacture of a firearm or firearm part.

theatrical armourer means a person who carries on a business of providing firearms for the purposes of film, television or theatrical productions.

use a firearm means fire the firearm or hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)  For the purposes of this Act:

(a)  anything that would be a firearm if it did not have something missing from it, or a defect or obstruction in it, is taken to be a firearm, and

(b)  any firearm that would be a prohibited firearm:

(i)  if it did not have something missing from it, or a defect or obstruction in it, or

(ii)  if it were not for the fact that something has been added to it,

is taken to be a prohibited firearm, and

(c)  any collection of the component parts of a thing that if assembled would be a firearm or prohibited firearm (or would be a firearm or prohibited firearm if it did not have something missing from it, a defect or obstruction in it or something added to it) is taken to be a firearm or prohibited firearm (as appropriate).

(3)  For the purposes of this Act:

(a)  if firearm parts are possessed, or being carried, by 2 or more persons, each of them is taken to be possessing or carrying the firearm, and

(b)  a person who takes possession of anything under a hire-purchase agreement is taken to have acquired it and the person who possessed it immediately before parting with possession is taken to have supplied it.

(4)  Notes in the text of this Act (including bracketed matter in the headings to certain provisions) do not form part of the Act.

s 4: Am 1996 No 135, Sch 1 [1] [2]; 2001 No 24, Sch 1 [1]–[4]; 2002 No 47, Sch 1 [1] [2]; 2003 No 36, Sch 1 [1]; 2003 No 38, Sch 2.7; 2007 No 80, Sch 2.14 [1] [2]; 2008 No 66, Sch 1 [1] [2]; 2008 No 119, Sch 2.4 [1] [2]; 2010 No 40, Sch 2 [1]; 2012 No 49, Sch 2.1 [1]; 2013 No 74, Sch 1 [2]–[7]; 2017 No 26, Sch 1 [1]; 2018 No 44, Sch 2.3 [1].

4A Meaning of “possession” of a firearm—proof of possession

(1)  Without restricting the meaning of the word possession, for the purposes of any proceedings under this Act, a firearm is taken to be in the possession of a person so long as it is in or on any premises owned, leased or occupied by, or in the care, control or management of, the person, unless the court is satisfied that:

(a)  the firearm was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, or

(b)  the person did not know and could not reasonably be expected to have known that the firearm was in or on the premises, or

(c)  on the evidence before it, the person was not in possession of the firearm.

(2)  In this section, premises means any place, vehicle, vessel or aircraft.

s 4A: Ins 2001 No 24, Sch 1 [5].

4B Meaning of “close associate” of firearms dealer

(1)  For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence if the person:

(a)  holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the licence applicant or licence holder, and by virtue of that interest or power is or will be able to exercise a significant influence over or with respect to the conduct of that business, or

(b)  holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the licence applicant or licence holder.

(2)  In this section:

relevant financial interest, in relation to a business, means:

(a)  any interest in the capital or assets of the business, or

(b)  any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position, in relation to a business, means a position whose holder participates in the management of the business (whether in the capacity of a director, manager or secretary or in any other capacity).

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:

(a)  to participate in any managerial or executive decision, or

(b)  to elect or appoint any person to any relevant position.

s 4B: Ins 2001 No 24, Sch 1 [5].

4C Meaning of “prohibited pistol”

(1)  In this Act, prohibited pistol means any of the following kinds of pistol:

(a)  a pistol with a calibre of more than .38 inch,

(b)  a self-loading pistol with a barrel length of less than 120 mm,

(c)  a revolver with a barrel length of less than 100 mm,

but does not include any such kind of pistol that is a black powder pistol.

Note—

A prohibited pistol is not a prohibited firearm. Prohibited firearms are listed in Schedule 1 (see definition of prohibited firearm in section 4 (1)).

(2)  For the purposes of this Act, any pistol that would be a prohibited pistol:

(a)  if it did not have something missing from it, or a defect or obstruction in it, or

(b)  if it were not for the fact that something has been done to it (being something that, in the opinion of the Commissioner, is not in accordance with the recognised specifications for that pistol),

is taken to be a prohibited pistol.

s 4C: Ins 2003 No 36, Sch 1 [2].

4D Special provisions relating to imitation firearms

(1)  This Act applies to an imitation firearm in the same way as it applies to a firearm, subject to the following:

(a)  the Commissioner may not issue a licence authorising the possession or use of an imitation firearm (except to a firearms dealer) but may issue a permit authorising the possession or use of an imitation firearm,

(b)  an imitation firearm is not required to be registered,

(c)  the holder of a permit authorising the possession or use of an imitation firearm (a possession or use permit) is not required to be authorised by a permit to acquire an imitation firearm to which the possession or use permit applies.

(2)  For the purposes of the application (as provided by this section) of this Act to imitation firearms:

(a)  an imitation firearm that is an imitation of a pistol is taken to be a pistol, and

(b)  an imitation firearm that is an imitation of a prohibited firearm is taken to be a prohibited firearm.

Note—

Reference to a pistol includes a prohibited pistol. (See section 4C.)

(3)  In this section, imitation firearm means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm but that is not a firearm.

(4)  However, an imitation firearm does not include any such object that is produced and identified as a children’s toy.

s 4D: Ins 2010 No 40, Sch 2 [2]. Am 2012 No 42, Sch 1.10 [1]; 2017 No 26, Sch 1 [2] [3].

5 Amendment of Schedule 1 list of prohibited firearms (cf PW Act s 3 (4))

The regulations may amend Schedule 1:

(a)  by adding the name or description of a firearm, or

(b)  by amending a name or description of a prohibited firearm for the purpose of more accurately describing the firearm concerned.

6 Application of Act (cf 1989 Act s 4, 1990 Reg cl 96A)

(1)  This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities (except as provided otherwise by this section).

(2)  A person is not guilty of an offence under this Act or the regulations only because of something done by the person while acting in the ordinary course of the person’s duties:

(a)  as a police officer (or as a student police officer enrolled in the New South Wales Police Academy), or

(a1)  as a special constable within the meaning of section 82L of the Police Act 1990 who is exercising functions of a police officer, or

(b)  as a prison officer employed in Corrective Services NSW, Department of Justice, or

(c)  as a police officer, or as a prison officer, of the Commonwealth, another State or a Territory, or

(d)  as a member of the armed forces of the Commonwealth, or of any government that is allied or associated with the Commonwealth in any war or joint military exercise in which the Commonwealth is engaged, or

(e)    (Repealed)

(f)  as, or under the authority of, the person in charge of a ship or an aircraft, but only for the purpose of having equipment of or on the ship or aircraft repaired or tested by a person authorised to do so by a licence.

(3)  A person is not guilty of an offence under section 7 or 7A only because of possessing a firearm or firearm part:

(a)  that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator, or

(b)  that has been seized by the person, under the authority of any Act or other law, in the course of the person’s duties as an employee or officer of a government agency or public authority, or

(c)  while acting in the ordinary course of the person’s duties as a member (other than a police officer) of the Police Force.

(4)  A person who is a member of the Australian Navy Cadets, the Australian Cadet Corps or the Air Training Corps is not required to be the holder of a licence or permit to authorise the person to possess a firearm, but only while possessing it:

(a)  for the purposes of activities of the Cadets or the Corps of which the person is a member, and

(b)  in accordance with such guidelines as may be fixed by order of the Commissioner.

s 6: Am 1996 No 135, Sch 1 [3] [4]; 2003 No 85, Sch 5 [1]; 2008 No 62, Sch 2.24 [1] [2]; 2013 No 56, Sch 3.2 [1]; 2017 No 22, Sch 4.15 [1].

6AA Application of Commonwealth National Vocational Education and Training Regulator Act 2011

(1)  In this section:

Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

State firearms regulation provisions means the provisions of this Act and the regulations:

(a)  regulating organisations providing training, assessment or instruction in relation to possession or use of firearms, and

(b)  providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and

(c)  providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters.

(2)  The State firearms regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent only that that section prevents the application of the State firearms regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to the use and possession of firearms regulated by this Act.

(3)  This section is taken to have had effect from 1 July 2011.

s 6AA: Ins 2012 No 49, Sch 2.1 [2].

6A Exemption for certain firearms manufactured before 1900

(1)  A person is exempt from any requirement under this Act to hold a licence or permit in respect of the possession of an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver.

Note—

A licence or permit will still be required to use any such firearm.

(2)  An antique firearm is not required to be registered. Accordingly, a person does not commit an offence under section 36 or 37 (2) in relation to an antique firearm.

(3)  A permit under section 31 to acquire a firearm is not required in the case of an antique firearm.

(4)  Sections 50, 50AA, 51 and 51A do not apply in relation to the supply or acquisition of an antique firearm or a firearm part for an antique firearm. However, the exemption provided by this subsection does not extend to an antique revolver or a firearm part for an antique revolver.

(5)  Sections 50 (b) and 51 (1) (b) (ii) and (1A) (b) (ii) do not apply in relation to the supply or acquisition of an antique revolver.

(6)  The possession of an antique firearm by a person in accordance with an exemption under this section is taken not to be possession for the purposes of section 51D.

(7)  In this section:

antique firearm means any firearm manufactured before 1900 that:

(a)  in the case of a firearm other than a pistol:

(i)  is not capable of discharging breech-loaded metallic cartridges, or

(ii)  is a firearm the ammunition for which is determined by the Commissioner to be ammunition that is not commercially available, or

(b)  in the case of a pistol—is not capable of discharging breech-loaded metallic cartridges.

antique revolver means an antique firearm that is a percussion lock pistol equipped with a revolving cylinder.

(8)  Any determination by the Commissioner of the ammunition that is not commercially available for the purposes of this section must be published in the Gazette.

s 6A: Ins 2008 No 66, Sch 1 [3]. Subst 2010 No 40, Sch 2 [3]. Am 2013 No 74, Sch 1 [8] [9].

6B Exemption for unlicensed persons shooting on approved ranges and for persons undertaking firearms safety training courses

(1)  A person is exempt from any requirement under this Act to be authorised by a licence or permit to possess or use a firearm (other than a prohibited firearm) if the person possesses or uses the firearm only:

(a)  at a shooting range approved by the Commissioner in accordance with the regulations and while under the supervision of a person who is authorised by a licence to possess or use a firearm of that kind, or

(b)  while participating in a firearms safety training course approved by the Commissioner in accordance with the regulations and while under the supervision of a firearms instructor approved by the Commissioner in accordance with the regulations.

(1A)  The level of supervision that is required for the purposes of this section is direct supervision so that the person supervising supervises one person only.

(2)  Any such exemption from the requirement to be authorised by a licence or permit to possess or use a firearm is subject to the requirements prescribed by the regulations.

(3)  This section does not apply in relation to a person who is under the age of 12 years.

s 6B: Ins 2008 No 66, Sch 1 [3]. Am 2017 No 26, Sch 1 [4] [5].

Part 2 Licences and permits

Division 1 Requirement for licence or permit

7 Offence of unauthorised possession or use of pistols or prohibited firearms (cf 1989 Act s 5, APMC 3)

(1)  A person must not possess or use a pistol or prohibited firearm unless the person is authorised to do so by a licence or permit.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(2)  Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:

(a)  uses a pistol or prohibited firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the pistol or prohibited firearm, or

(b)  contravenes any condition of the licence.

(3)  If, on the trial for an offence under this section, 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 section 7A, it may find the person not guilty of the offence but guilty of an offence under section 7A, and the accused is liable to punishment accordingly.

s 7: Am 2001 No 24, Sch 1 [6]; 2002 No 47, Sch 2 [1]; 2003 No 85, Sch 5 [2]–[5]; 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [6].

7A Offence of unauthorised possession or use of firearms generally

(1)  A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.

Maximum penalty: imprisonment for 5 years.

(2)  Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:

(a)  uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or

(b)  contravenes any condition of the licence.

s 7A: Ins 2003 No 85, Sch 5 [6].

Division 2 Licensing scheme

8 Licence categories and authority conferred by licence (cf 1989 Act s 21, APMC 1, 3, 4)

(1)  The categories of licences, the firearms to which they apply, and the authority they confer, are as follows:

Category A licence

Firearms to which the licence applies:

•  air rifles

•  rimfire rifles (other than self-loading)

•  shotguns (other than pump action, lever action or self-loading)

•  shotgun/rimfire rifle combinations.

All prohibited firearms are excluded from this licence category.

Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.

Category B licence

Firearms to which the licence applies:

•  muzzle-loading firearms (other than pistols)

•  centre-fire rifles (other than self-loading)

•  shotgun/centre-fire rifle combinations

•  lever action shotguns with a magazine capacity of no more than 5 rounds.

All prohibited firearms are excluded from this licence category.

Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.

Category C licence (prohibited except for limited purposes)

Firearms to which the licence applies:

•  self-loading rimfire rifles with a magazine capacity of no more than 10 rounds

•  self-loading shotguns with a magazine capacity of no more than 5 rounds

•  pump action shotguns with a magazine capacity of no more than 5 rounds.

Any firearm referred to in item 6, 10 or 11 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.

Authority conferred by the licence:
Authorises the licensee (and any employee of the licensee who is eligible to be issued with a licence and who is authorised by the Commissioner in writing, but only while carrying out duties in connection with the licensee’s farming or grazing activities) to possess or use:

(a)  no more than one registered self-loading rimfire rifle with a magazine capacity of no more than 10 rounds that is specified in the licence, and

(b)  no more than one registered shotgun to which the licence applies that is specified in the licence,

but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm and only on land used for primary production that is owned or occupied by the licensee or that immediately adjoins that land (provided the licensee has the written permission of the owner or occupier of that adjoining primary production land to possess or use the firearm on that land).

However, the number of firearms authorised under this licence category may be increased if a special need for more than one such rifle, or for more than one such shotgun, is established by the licensee to the satisfaction of the Commissioner (for example because of the size of the rural property concerned, or because the licensee is involved with more than one rural property).

Category D licence (prohibited except for official purposes)

Firearms to which the licence applies:

•  self-loading centre-fire rifles

•  self-loading rimfire rifles with a magazine capacity of more than 10 rounds

•  self-loading shotguns with a magazine capacity of more than 5 rounds

•  pump action shotguns with a magazine capacity of more than 5 rounds

•  lever action shotguns with a magazine capacity of more than 5 rounds

•  any firearm to which a category C licence applies.

Any firearm referred to in item 5, 6, 9, 10 or 11 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.

Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.

However, in the case of a licensee who is a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the authority conferred by the licence is restricted as follows:

(a)  the licensee is authorised to possess or use no more than 3 registered firearms to which the licence applies,

(b)  the licensee is authorised to use a firearm to which the licence applies only on the rural property specified in the licence.

Category H licence (pistols)

Firearms to which the licence applies:

•  pistols (including blank fire pistols and air pistols).

Prohibited firearms are excluded from this licence category.

Authority conferred by the licence:
The licensee is authorised to possess or use a registered pistol, but only for the purpose established by the licensee as being the genuine reason for having the licence.

In the case of a category H (sport/target shooting) licence, the licensee is authorised to possess or use a registered pistol only for the purposes of participating in competitive shooting activities that are approved by the Commissioner.

A category H (sport/target shooting) licence does not authorise the possession or use of a prohibited pistol.

Despite the provisions referred to above in relation to this licence category, a category H licence authorises the possession or use of an antique revolver within the meaning of section 6A. However, a category H (sport/target shooting) licence does not authorise the possession or use of any such antique revolver that is a prohibited pistol.

Firearms dealer licence

Firearms to which the licence applies:

•  the kinds of firearms specified in the licence.

Authority conferred by the licence:
In the case of a firearms dealer other than a club armourer or a theatrical armourer, authorises the licensee and (subject to the conditions of the licence and the regulations):

(a)  employees or directors of the corporation specified in the licence, or

(b)  employees of the partnership so specified, or

(c)  employees of the individual so specified,

who are eligible to be issued with a licence and who are authorised in writing by the Commissioner, to possess, manufacture, convert, acquire, supply, repair, maintain or test, in the course of carrying on the business of a firearms dealer, and only at the premises specified in the licence, any firearm to which the licence applies, and to possess, manufacture, acquire or supply ammunition for those firearms.

In the case of a club armourer, authorises the licensee to possess, manufacture, convert, acquire, supply, repair, maintain or test in the licensee’s capacity as a club armourer, and only at the premises specified in the licence, the firearms to which the licence applies, and to possess, manufacture, acquire or supply ammunition for those firearms.

The authority conferred by a firearms dealer licence issued to a club armourer is restricted to carrying out the person’s duties as club armourer for the club concerned.

In the case of a theatrical armourer, authorises the licensee to possess, use, manufacture, convert, acquire, supply, repair, maintain or test firearms (and blank cartridges for those firearms) in the licensee’s capacity as a theatrical armourer.

The authority conferred by a firearms dealer licence issued to a theatrical armourer extends to any employee of the licensee who is authorised in writing by the Commissioner.

Firearms collector licence

Firearms to which the licence applies:

•  the kinds of firearms specified in the licence.

Except as otherwise provided by this Act, post-1946 pistols are excluded from this licence category.

Any prohibited firearm (other than those firearms to which a category C licence or category D licence applies) is excluded from this licence category.

Authority conferred by the licence:
The licensee is authorised to possess the firearms to which the licence applies for the purpose of a firearms collection.

(2)  The regulations may prescribe sub-categories in respect of category H licences and firearms dealer licences, and specify the authority conferred by each such sub-category.

(3)  The authority conferred by a licence is subject to this Act and the regulations.

s 8: Am 1996 No 135, Sch 1 [5]–[17]; 2001 No 24, Sch 1 [7]; 2002 No 47, Sch 1 [3] [4]; 2003 No 36, Sch 1 [3] [4]; 2004 No 91, Sch 1.15; 2008 No 66, Sch 1 [4] [5]; 2010 No 92, Sch 1 [1] [2]; 2013 No 74, Sch 1 [11]–[13]; 2017 No 26, Sch 1 [7]–[11].

9 Authority conferred by licence—additional matters (cf 1989 Act s 21 (2), APMC 1 (b), 3, 4)

(1)  A licence that authorises the licensee to have possession of a firearm also authorises the licensee to have possession of the firearm while:

(a)  taking it to a licensed firearms dealer for the purpose of:

(i)  selling it, or

(ii)  having it converted, maintained, tested or repaired and subsequently recovering it from the dealer, and

(b)  taking it to a police officer for the purpose of having it inspected and subsequently recovering it from a police officer, and

(c)  taking it to a police officer for the purpose of surrendering it.

(2)  Subject to the regulations and except as provided by section 17A, a category C or category D licence does not authorise the possession or use of a prohibited firearm for the purposes of any shooting competition.

(3)  A firearms collector licence does not authorise the possession of ammunition for any firearm that is part of the firearms collection to which the licence relates.

s 9: Am 1996 No 135, Sch 1 [18] [19]; 2002 No 47, Sch 1 [5].

10 Applications for licences (cf 1989 Act s 23, APMC 4, 5)

(1)  An application for a licence must be made in an approved manner and the fee prescribed by the regulations for the application must be paid when the application is made or as otherwise approved.

(2)  An applicant for a licence must:

(a)  if the applicant is a natural person, be of or above the age of 18, and

(b)  provide proof of the applicant’s identity in accordance with the requirements under the Financial Transaction Reports Act 1988 of the Commonwealth that apply in respect of the opening of a bank account, and

(c)  provide such other particulars or documents as may be prescribed by the regulations.

(3)  An applicant, at the time of applying for a licence, is to be provided with the following:

(a)  information concerning any firearms safety training course that is required by the regulations to be completed by the applicant,

(b)  information concerning the firearm storage and safety requirements under this Act.

(4)  Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a licence.

Note—

Only persons of or above the age of 18 can apply for (and be issued with) a licence. However under section 32, minor’s firearms permits are available for certain minors (ie persons under 18 but who are of or above the age prescribed by the regulations). These permits authorise minors to possess and use firearms, under the supervision of a licence holder, for the purpose of receiving safe instruction in the use of firearms, and for competing in shooting events in the case of a minor’s target pistol permit.

s 10: Am 2015 No 63, Sch 1 [1]; 2017 No 26, Sch 1 [12].

11 General restrictions on issue of licences (cf 1989 Act s 25, APMC 4, 5, 6)

(1)  The Commissioner may issue a licence in respect of an application, or refuse any such application.

(2)  A licence must not be issued until after the end of the period of 28 days following the day on which the application is made.

(2A)  Subsection (2) does not apply if the application is for the renewal of a licence (including the renewal of a category A or B licence that involves the addition of either of those licence categories to the previous licence).

(3)  A licence must not be issued unless:

(a)  the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace, and

(b)  in the case of a person who has never held a licence (including a firearms licence under a previous Act), the applicant has completed, to the satisfaction of the Commissioner, such firearms training and safety courses as are prescribed by the regulations in respect of the licence concerned, and

(c)  the Commissioner is satisfied that the storage and safety requirements set out in Part 4 are capable of being met by the applicant, and

(d)  the Commissioner is satisfied that the person to whom the licence is to be issued is a resident of this State or is about to become a resident of this State.

(3A)  Despite subsection (3) (b), the Commissioner may require an applicant for a licence to complete such firearms training and safety courses as are approved by the Commissioner in relation to the category of licence concerned.

(4)  Without limiting the generality of subsection (3) (a), a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:

(a)  the applicant’s way of living or domestic circumstances, or

(b)  any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or

(c)  the applicant’s intemperate habits or being of unsound mind.

(5)  A licence must not be issued to a person who:

(a)  is under the age of 18, or

(b)  has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(e)  is subject to a firearms prohibition order, or

(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

(5A)  A licence must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that:

(a)  the person is a risk to public safety, and

(b)  the issuing of the licence would be contrary to the public interest.

(5B)  The Commissioner is not, under this or any other Act or law, required to give any reasons for not issuing a licence on the grounds referred to in subsection (5A).

(6)  Except in the case of a firearms dealer licence or where the applicant’s genuine reason is business or employment, a licence must not be issued to a person who is not a natural person.

(7)  Despite any other provision of this section, the Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.

(8)  The regulations may provide other mandatory or discretionary grounds for refusing the issue of a licence.

s 11: Am 1996 No 135, Sch 1 [20]–[22]; 2001 No 24, Sch 1 [8]; 2002 No 47, Sch 1 [6]–[8]; 2006 No 82, Sch 1 [1]; 2008 No 66, Sch 1 [6]; 2017 No 26, Sch 1 [13] [14].

12 Genuine reasons for having a licence (cf APMC 3, 1990 Reg cl 22A)

(1)  The Commissioner must not issue a licence that authorises the possession and use of a firearm unless the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm.

(2)  An applicant does not have a genuine reason for possessing or using a firearm if the applicant intends to possess or use the firearm for any of the following reasons:

(a)  personal protection or the protection of any other person,

(b)  the protection of property (other than in circumstances constituting a genuine reason as set out in the Table to this section).

(3)  Subsection (2) does not limit the reasons which the Commissioner may be satisfied are not genuine reasons for the purposes of justifying the possession or use of a firearm.

(4)  Subject to this Act, an applicant for a licence has a genuine reason for possessing or using a firearm if the applicant:

(a)  states that he or she intends to possess or use the firearm for any one or more of the reasons set out in the Table to this section, and

(b)  is able to produce evidence to the Commissioner that he or she satisfies the requirements specified in respect of any such reason.

Table

Reason: sport/target shooting

The applicant must be a current member of a shooting club approved by the Commissioner in accordance with the regulations, and which conducts competitions or activities requiring the use of the firearm for which the licence is sought.

Reason: recreational hunting/vermin control

The applicant must:

(a)  be the owner or occupier of rural land, or

(b)  produce proof of permission given by the owner or occupier of rural land, or by an officer or employee of the National Parks and Wildlife Service, the Department of Industry or other authority prescribed by the regulations, to shoot on rural land, or

(b1)  produce proof of permission given by a land manager within the meaning of the Forestry Act 2012 to shoot on land in respect of which the land manager is authorised to exercise functions as land manager under that Act, or

(c)  be a current member of a hunting club approved by the Commissioner in accordance with the regulations.

The regulations may provide for the manner and form in which any such permission is to be given, the extent to which it operates, and how it is to be produced as evidence by the applicant. A person does not, so long as the person is authorised to give permission to shoot on land referred to in paragraph (b) or (b1), incur any liability merely because the person gives the applicant permission to shoot on the land concerned.

Reason: primary production

The applicant must:

(a)  be a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and

(b)  state that he or she intends to use the firearm solely in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned).

Reason: vertebrate pest animal control

The applicant must be:

(a)  a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land, or

(b)  a person employed by or in, or authorised by, a government agency prescribed by the regulations that has functions relating to the control or suppression of vertebrate pest animals, or

(c)  a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and who is participating in an authorised campaign conducted by or on behalf of a government agency or public authority to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis.

Reason: business or employment

The applicant must demonstrate that it is necessary in the conduct of the applicant’s business or employment to possess or use the firearm for which the licence is sought.

Reason: occupational requirements relating to rural purposes

The applicant must be employed or engaged in a rural occupation that requires the possession or use of the firearm for which the licence is sought.

Reason: animal welfare

The applicant must be:

(a)  an officer of the RSPCA or the Animal Welfare League who is appointed by the Minister administering the Prevention of Cruelty to Animals Act 1979 as an officer for the purposes of that Act, or

(b)  a veterinary practitioner, or

(c)  a person who is employed in the Department of Industry or is a member of staff of Local Land Services and who has responsibility for animal welfare, or

(d)  an owner, transporter, drover or other handler of animals who may need to destroy animals to avoid suffering.

Reason: firearms collection

The applicant must:

(a)  be a current member of a collectors’ society or club approved by the Commissioner in accordance with the regulations, and

(b)  provide a written statement by that collectors’ society or club confirming that the applicant’s firearms collection has a genuine commemorative, historical, thematic or financial value.

s 12, tbl: Am 1996 No 135, Sch 1 [23]–[27]; 2003 No 36, Sch 1 [5]; 2003 No 87, Sch 3.11; 2007 No 82, Sch 1.9 [1] [2]; 2008 No 112, Sch 6.9; 2012 No 96, Sch 4.9 [1]–[3]; 2013 No 51, Sch 7.15; 2013 No 56, Sch 3.2 [2]; 2017 No 22, Sch 4.15 [2] [3].

13 Category B licences—restrictions on issue (cf APMC 3 (c))

Subject to the regulations, the Commissioner must not issue a category B licence to any person unless the person, in addition to establishing a genuine reason for being issued with the licence, produces evidence to the satisfaction of the Commissioner that there is a special need for the person to possess or use a firearm to which licence category B applies.

14 Category C licences—restrictions on issue (cf APMC 3 (c))

Except as provided by section 17A, the Commissioner must not issue a category C licence to any person unless:

(a)  the genuine reason established by the person for being issued with the licence is primary production (or such other genuine reason as may be prescribed by the regulations), and

(b)  in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which licence category C applies, and

(c)  the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A or category B licence).

s 14: Am 1996 No 135, Sch 1 [28].

15 Category D licences—restrictions on issue (cf APMC 3 (c))

The Commissioner must not issue a category D licence to any person unless:

(a)  the genuine reason established by the person for being issued with the licence is that of vertebrate pest animal control, and

(b)  in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which a licence category D applies, and

(c)  in the case of a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A, category B or category C licence, or by engaging the services of a professional contract shooter).

s 15: Am 1996 No 135, Sch 1 [29].

16 Category H licences—restrictions on issue (cf APMC 3 (c), 1989 Act s 21 re pistols)

(1)  The Commissioner must not issue a category H licence to any person unless:

(a)  the genuine reason established by the person for being issued with the licence is any one or more of the following:

(i)  sport/target shooting,

(ii)  business or employment,

(iii)  firearms collection, and

(b)  in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a pistol.

(1A)  For the purposes of subsection (1), business or employment includes work undertaken voluntarily but only with respect to the static guarding of approved premises.

(2)  The Commissioner must not issue a category H (sport/target shooting) licence (other than a probationary pistol licence) to a person unless:

(a)  the person has previously been issued with a probationary pistol licence, and

(b)  the probationary pistol licence has expired, and

(c)  the application for the category H (sport/target shooting) licence is supported by a written statement by the secretary or other relevant office holder of the pistol shooting club of which the person is a member confirming that the person has complied with the conditions specified in section 16A (2).

(3)  Subsection (2) does not apply in relation to a person if the person has previously held a category H (sport/target shooting) licence.

(4)  The Commissioner must not issue a category H (business/employment) licence (other than a provisional pistol (business/employment) licence) to a person who has never held such a licence unless:

(a)  the person has previously been issued with a provisional pistol (business/employment) licence, and

(b)  the provisional pistol (business/employment) licence has expired.

(5)  The Commissioner must not issue a provisional pistol (business/employment) licence to a person unless:

(a)  the person indicates that he or she intends to be employed by an approved master licensee specified in the application for the licence for the term of the licence, and

(b)  the approved master licensee has verified to the satisfaction of the Commissioner that the master licensee intends the employment to continue for the term of the licence.

s 16: Am 2003 No 36, Sch 1 [6]; 2012 No 49, Sch 2.1 [3] [4].

16A Probationary pistol licences

(1)  A category H (sport/target shooting) licence that is issued to a person who has never held such a licence is to be issued as a probationary pistol licence.

(2)  A probationary pistol licence is subject to the following conditions:

(a)  for the first 6 months of the term of the licence, the licensee must not possess or use a pistol except:

(i)  while on the premises of a pistol shooting club and under the supervision of a person who is the holder of a category H (sport/target shooting) licence that is not a probationary pistol licence, and

(ii)  in connection with the requirement referred to in paragraph (b),

(b)  the licensee must, by the end of that 6-month period, have completed to the satisfaction of the Commissioner a firearm training and safety training course conducted by the pistol shooting club of which the licensee is a member.

(2A)  The supervision of a person for the purposes of this section is to be as required by the regulations.

(3)  If:

(a)  the holder of a probationary pistol licence applies for a category H (sport/target shooting) licence before the term of the probationary pistol licence expires, and

(b)  the application has not been dealt with by the time the probationary pistol licence expires,

the authority conferred by the probationary pistol licence continues until such time as the person is notified of the issue of, or refusal of, the category H (sport/target shooting) licence.

(4)  This section does not limit the conditions to which a probationary pistol licence is subject.

s 16A: Ins 2003 No 36, Sch 1 [7]. Am 2017 No 26, Sch 1 [15].

16B Special provisions relating to category H (sport/target shooting) licences issued for specialised target pistols

(1)  In this section:

specialised target pistol means:

(a)  a self-loading pistol with a barrel length of less than 120 mm, or

(b)  a revolver with a barrel length of less than 100 mm,

that, in the opinion of the Commissioner, is of a distinctive size or shape and is used in International Shooting Sport Federation competition events, but that is not otherwise a prohibited pistol.

(2)  The Commissioner may issue a category H (sport/target shooting) licence (referred to in this section as a special pistol licence) authorising a person to possess and use a specialised target pistol for the purposes only of participating in such classes of specialised shooting competitions as may be approved by the Commissioner.

(3)  For the avoidance of doubt, a special pistol licence is a type of category H (sport/target shooting) licence, and any requirements under this Act or the regulations that apply to or in respect of a category H (sport/target shooting) licence apply to or in respect of a special pistol licence.

s 16B: Ins 2003 No 36, Sch 1 [7].

16C Provisional pistol (business/employment) licences

(1)  A category H (business/employment) licence that is issued to a person who has never held such a licence is to be issued as a provisional pistol (business/employment) licence.

(2)  Without limiting section 19, a provisional pistol (business/employment) licence is subject to the following conditions:

(a)  the licensee must, before possessing or using a pistol, complete to the satisfaction of the Commissioner an approved firearms training course conducted by the employer,

(b)  the licensee must, in addition to the training referred to in paragraph (a), complete:

(i)  such further training within 3 months of being granted the licence as is determined by the Commissioner, and

(ii)  such other training as may be required by the Commissioner during the term of the licence,

(c)  the licensee must hold a class 1F licence issued under section 11 of the Security Industry Act 1997,

(d)  for the first 6 months of the term of the licence, the licensee must not possess or use a pistol unless the licensee is under the direct supervision (as determined in accordance with the regulations) of a natural person who has continuously held, for a period of more than 12 months:

(i)  a category H (business/employment) licence that is not a provisional pistol (business/employment) licence, and

(ii)  a class 1F licence under the Security Industry Act 1997.

Note—

The licence may also be subject to other conditions—see section 19.

(3)  The Commissioner must revoke a provisional pistol (business/employment) licence if the Commissioner is satisfied that the licensee has failed to comply with a condition under this section.

(4)  If the holder of a provisional pistol (business/employment) licence contravenes the condition referred to in subsection (2) (d), the person who is (at the time of the contravention) the master licensee who is the employer of the licensee is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—200 penalty units, or

(b)  in the case of an individual—100 penalty units.

(5)  If:

(a)  the holder of a provisional pistol (business/employment) licence applies for a category H (business/employment) licence before the term of the provisional pistol (business/employment) licence expires, and

(b)  the application has not been dealt with by the time the provisional pistol (business/employment) licence expires,

the authority conferred by the provisional pistol (business/employment) licence continues until such time as the person is notified of the issue of, or refusal of, the category H (business/employment) licence.

(6)  A provisional pistol (business/employment) licence is automatically revoked if the licensee ceases to be employed during the term of the licence by the approved master licensee specified in the application for the licence as required by section 16 (5).

s 16C: Ins 2012 No 49, Sch 2.1 [5]. Am 2013 No 68, Sch 2.

17 Proof of special need (cf APMC 3 (c))

The regulations may specify the sort of evidence that may be produced in order to satisfy the Commissioner of a special need for the purposes of sections 13–16. However, nothing in this section is taken to limit the Commissioner’s discretion in determining whether any such special need has been demonstrated.

17A Special provisions relating to category C licences issued for clay target shooting purposes

(1)  The Commissioner may issue a category C licence (referred to in this section as a special category C licence) authorising possession and use of a self-loading or pump action shotgun for the purposes of participating in recognised clay target shooting competitions.

(2)  The authority conferred by a special category C licence is subject to the following restrictions:

(a)  the shotgun to which the licence relates must not be loaded at any one time with more than 2 rounds,

(b)  the shotgun may only be used for shooting at clay targets, and for associated training programs, while on a shooting range that is approved under the regulations.

(3)  An applicant for a special category C licence must be a person who, immediately before 15 November 1996:

(a)  was in lawful possession of a self-loading or pump action shotgun used for shooting clay targets, and

(b)  was a member of a shooting club affiliated with the Australian Clay Target Association.

(4)  Alternatively, an applicant must provide, to the Commissioner’s satisfaction, a written statement issued on behalf of a shooting club approved by the Commissioner, and which is affiliated with the Australian Clay Target Association (or such other body as may be approved by the Commissioner), to the effect that the applicant:

(a)  is a current member of that club, and

(b)  because of physical reasons such as lack of strength or dexterity, needs to have a self-loading or pump action shotgun in order to participate in clay target shooting competitions.

(5)  A statement under subsection (4) must be supported by such documents as may be required by the Commissioner.

(6)  Without limiting the conditions to which a category C licence is subject, a special category C licence issued under this section is subject to the condition that the licensee must, during each compliance period, participate in no less than the number of clay target shooting competitions required by the regulations. A compliance period is each of the consecutive 12-month periods during which the licence is in force, with the first of those periods starting when the licence is issued and subsequent periods starting at the end of the previous compliance period.

(7)  For the avoidance of doubt, a special category C licence is a type of category C licence, and any requirements under this Act or regulations that apply to or in respect of a category C licence apply to or in respect of a special category C licence.

s 17A: Ins 1996 No 135, Sch 1 [30]. Am 2008 No 66, Sch 1 [7]; 2017 No 26, Sch 1 [16].

17B Firearms dealer licences—restrictions on issue

The Commissioner must not issue a firearms dealer licence if the Commissioner:

(a)  is of the view that a person who (in the opinion of the Commissioner) is or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a firearms dealer licence, or

(b)  is not satisfied that the applicant is to be the person primarily responsible for the management of the business to be carried on under the authority of the licence.

s 17B: Ins 2001 No 24, Sch 1 [9].

17C Special provisions relating to firearms collector licences (post-1946 pistols)

The Commissioner may issue a firearms collector licence that authorises a person to possess a post-1946 pistol if:

(a)  the person produces evidence to the Commissioner that the person has been a member of a collectors’ society or club for at least one year, and

(b)  the application for the licence is supported by a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the person is a member confirming that the part of the person’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.

Note—

See also the Table to section 12 which provides that one of the requirements for the genuine reason of firearms collection is that the applicant for the licence must be a current member of an approved collectors’ society or club.

s 17C: Ins 2003 No 36, Sch 1 [8].

18 Form of licence (cf APMC 4, 1989 Act s 26A, 1990 Reg cll 22B, 23)

(1)  A licence is to be in any one or more forms approved by the Commissioner. The manner and form in which the information referred to in subsection (2) is to be specified in the licence, or recorded, is to be determined by the Commissioner from time to time (including, for example, by way of magnetic strip or other electronic means).

(2)  A licence must:

(a)  contain a recent photograph of the person to whom it is issued (such photograph being obtained in accordance with arrangements determined by the Commissioner), and

(b)  bear the signature of the licensee, and

(c)  specify the licence category, and

(d)  specify (except in the case of a firearms dealer licence) the registered firearm or firearms to which the licence relates, and

(e)  specify the genuine reason for which the person was issued with the licence, and

(f)    (Repealed)

(g)  specify (in the case of a firearms dealer licence) the premises where the firearm is authorised to be kept, and

(h)  contain a reference to the requirements under this Act relating to the storage and safe keeping of the firearm, and

(i)  contain such other detail as may be prescribed by the regulations.

(3)  A person to whom a licence is issued must, immediately after receiving the licence, write the person’s usual signature in ink in the space provided for it on the licence (unless the licence already bears the licensee’s signature).

Maximum penalty: 20 penalty units.

s 18: Am 1996 No 135, Sch 1 [31]–[33].

19 Conditions of licence (cf 1989 Act ss 21, 28, APMC 4 (b), 9 (c))

(1)  A licence may be issued by the Commissioner subject to such conditions as the Commissioner thinks fit to impose.

(2)  Without limiting subsection (1), each licence is subject to the following conditions:

(a)  the licensee must comply with the relevant safe keeping and storage requirements under this Act,

(b)  the licensee must not permit any other person to possess or use any firearm in the licensee’s possession if that other person is not authorised to possess or use the firearm,

(c)  the licensee must, in accordance with such arrangements as are agreed on by the licensee and the Commissioner, or, in the case of a licensed firearms dealer, at any reasonable time, permit inspection by a police officer (or such other person as may be prescribed by the regulations) of the licensee’s facilities in respect of the storage and safe keeping of the firearms in the licensee’s possession,

(d)  the licensee must not possess, at any one time, any amount of ammunition that exceeds the amount (if any) prescribed by the regulations, unless authorised in writing by the Commissioner,

(e)  the licence cannot be transferred to another person.

(3)  A licence is subject to such other conditions as may be prescribed by the regulations.

20 Firearms collector licences—special conditions

Without limiting the conditions to which a firearms collector licence may be subject, any such licence is subject to the following conditions:

(a)  any prohibited firearm (being a firearm to which a category D licence applies) that is part of the collection must be rendered permanently inoperable in a manner prescribed by the regulations,

(b)  any other firearm that is part of the collection, and that was manufactured after 1900 or that is a prohibited pistol, must be rendered temporarily inoperable by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container of a type approved by the Commissioner, or by using a trigger lock of a type approved by the Commissioner,

(c)  any prohibited firearm (being a firearm to which a category C or category D licence applies) that is part of the collection can only be supplied:

(i)  to a licensed firearms dealer who is authorised to possess those types of prohibited firearms, or

(ii)  through a licensed firearms dealer to the holder of a firearms collector licence who is authorised to possess those types of prohibited firearms,

(d)  any prohibited firearm (being a firearm to which a category C licence or category D licence applies) that is intended to be part of the collection can only be acquired from a licensed firearms dealer or through a licensed firearms dealer from the holder of a firearms collector licence,

(e)  any firearm that is part of the collection can only be kept on premises approved by the Commissioner, and must be stored in accordance with the standards prescribed by the regulations for the purposes of this section,

(f)  in the case of a licence that was in force immediately before the commencement of this paragraph—a post-1946 pistol can only be kept as part of the collection if:

(i)  the licensee has been a member of a collectors’ society or club since 20 December 2002, and

(ii)  the licensee provides the Commissioner with a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the licensee is a member confirming that the part of the licensee’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.

s 20: Subst 1996 No 135, Sch 1 [34]. Am 2003 No 36, Sch 1 [9] [10]; 2013 No 74, Sch 1 [14] [15].

20A Special conditions of category D licences issued to primary producers

Without limiting the conditions to which a category D licence may be subject, a category D licence that is issued to a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control is subject to the following conditions:

(a)  the licensee must, on the expiry of the period for which the licence is in force, return the firearm to the licensed firearms dealer from whom it was acquired, or otherwise deal with the firearm in accordance with arrangements approved by the Commissioner,

(b)  the licensee can use the firearm only in the circumstances specified in the licence (for example, for airborne culling).

s 20A: Ins 1996 No 135, Sch 1 [35].

21 Term of licence (cf APMC 4, 1989 Act s 27)

(1)  Except as provided by this section, a licence continues in force from the time it is issued for a period of 5 years (or such shorter period as may be prescribed by the regulations), unless it is sooner surrendered or revoked or otherwise ceases to be in force.

(2)  A category D licence issued to a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control continues in force for such period as is specified in the licence (being a period that is no more than 12 months) unless it is sooner surrendered or revoked or otherwise ceases to be in force.

(3)  The following types of licence continue in force for a period of 12 months from the time the licence is issued unless the licence is sooner surrendered or revoked or otherwise ceases to be in force:

(a)  provisional pistol (business/employment) licence,

(b)  probationary pistol licence.

s 21: Am 1996 No 135, Sch 1 [36] [37]; 2003 No 36, Sch 1 [11] [12]; 2012 No 49, Sch 2.1 [6].

22 Suspension of licence (cf APMC 6, 1989 Act s 35)

(1)  The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:

(a)  stating that the licence is suspended and the reasons for suspending it, and

(b)  requesting that the person provide the Commissioner with reasons why the licence should not be revoked.

(1A)  If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:

(a)  to state the reasons for the suspension, or

(b)  to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.

(2)  The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.

(3)  A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.

s 22: Am 2006 No 73, Sch 3.14 [1] [2]; 2007 No 80, Sch 2.14 [3] [4]; 2010 No 40, Sch 2 [4].

23 Suspension of licence on making of interim apprehended violence order (cf APMC 6, 1989 Act s 35A)

(1)  A licence that authorises a person to possess or use a firearm is automatically suspended on the making of an interim apprehended violence order against the person.

(2)  The licence is suspended until the order is confirmed or revoked.

24 Revocation of licence (cf APMC 6, 1989 Act s 36, 1990 Reg cl 27)

(1)  A licence that authorises a person to possess or use a firearm is automatically revoked if the licensee becomes subject to a firearms prohibition order or an apprehended violence order.

(1A)  The Commissioner must revoke a licence that is held for the purpose of employment as an armed security guard (within the meaning of the Security Industry Act 1997) if:

(a)  the licensee has failed to undertake any firearm safety training required under this Act or the regulations, or

(b)  in the case of a licensee who holds a class 1F licence or a visitor permit authorising the licensee to carry out security activities of a kind authorised by a 1F licence under the Security Industry Act 1997—the 1F licence or visitor permit is revoked under that Act or the licensee contravenes any condition of the firearms licence under this Act.

(2)  A licence may be revoked:

(a)  for any reason for which the licensee would be required to be refused a licence of the same kind, or

(b)  if the licensee:

(i)  supplied information which was (to the licensee’s knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or

(ii)  contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or

(iii)  contravenes any condition of the licence, or

(c)  if the Commissioner is of the opinion that the licensee is no longer a fit and proper person to hold a licence, or

(c1)  if the Commissioner is satisfied that the licensee, through any negligence or fraud on the part of the licensee, has caused a firearm to be lost or stolen, or

(d)  for any other reason prescribed by the regulations.

(2A)  If the Commissioner revokes a licence because the licence holder would be refused a licence on the grounds referred to in section 11 (5A), the Commissioner is not, under this or any other Act or law, required to give any reasons for revoking the licence on those grounds.

(3)  The Commissioner of Police may revoke a licence by serving personally or by post on the licensee a notice stating that the licence is revoked and the reason for revoking it.

(4)  The revocation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice.

(5)  The Commissioner may, by serving a further notice on the holder of a licence, cancel a notice revoking a licence before the notice takes effect.

s 24: Am 1997 No 77, Sch 5.13 [1]; 2002 No 107, Sch 2.2 [1]; 2003 No 36, Sch 1 [13]; 2005 No 63, sec 4; 2008 No 113, Sch 2.1 [1] [2]; 2010 No 40, Sch 2 [5]; 2012 No 49, Sch 2.1 [7].

25 Surrender and seizure of firearms when licence suspended or revoked (cf APMC 4 (b), 1989 Act s 38)

(1)  If a licence is suspended, revoked or otherwise ceases to be in force, the person to whom it was issued must immediately surrender to a police officer:

(a)  any firearm in the person’s possession, and

(b)  the licence.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2)  A police officer is authorised to seize any firearm in the possession of a person if that person’s licence is suspended, revoked or otherwise ceases to be in force. A police officer is also authorised to seize the licence itself.

(3)  This section does not apply in relation to a licence that has expired if the authority conferred by the licence continues to have effect (as provided by the regulations) pending the determination of an application for a subsequent licence.

s 25: Am 2010 No 40, Sch 2 [6] [7]; 2012 No 42, Sch 1.10 [2].

26 Recognition of interstate licences for certain purposes (cf APMC 4 (c), 1990 Reg cll 93, 93A)

(1)  A person who:

(a)  is a resident of another State or Territory, and

(b)  is the holder of the equivalent of a category A, category B or category H licence issued under the law in force in that State or Territory,

is exempt from the requirements of section 7 or 7A of this Act to be authorised to possess or use a firearm of a kind to which a corresponding category A, category B or category H licence issued in this State applies, but only for the purpose of enabling the person to participate in a shooting competition approved by the Commissioner (or for such other purposes as may be prescribed by the regulations).

(2)  A person who is a resident of another State or Territory, and is the holder of the equivalent of a category C licence issued under the law in force in that State or Territory, is:

(a)  in the case of a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of enabling the person to use the firearm in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned), or

(b)  in the case of a person who is a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of controlling vertebrate pest animals on rural land, or

(c)  in the case of a person who is participating in a recognised clay target shooting competition—is exempt from the requirements of section 7 or 7A to be authorised to possess or use a self-loading or pump action shotgun, but only for the purpose of enabling the person to participate in the competition and only if the person complies with the restrictions set out in section 17A (2).

s 26: Am 1996 No 135, Sch 1 [38]; 2003 No 85, Sch 5 [1].

27 Interstate residents moving to this State (cf APMC 4 (d))

(1)  A resident of another State or a Territory who is the holder of the equivalent of a category A or category B licence issued under the law in force in that State or Territory may notify the Commissioner in writing that he or she intends to reside on a permanent basis in this State.

(2)  If the Commissioner is notified in accordance with subsection (1), the equivalent of the category A or category B licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 3 months from the time the person notified the Commissioner or until the person’s application for a licence under this Act is granted or refused (whichever is sooner).

(3)  If a resident of another State or a Territory who is the holder of the equivalent of a category C, category D or category H licence notifies the Commissioner in writing that the person intends to reside in this State, the equivalent of the category C, category D or category H licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 7 days from the time the person notified the Commissioner.

(4)  After the expiry of any such 7 day period, any person:

(a)  who has duly notified the Commissioner in accordance with subsection (3), and

(b)  who applied for a licence before the expiry of that period,

does not, while the person’s application for a licence is being determined by the Commissioner, commit an offence under section 7 or 7A in respect of the possession of a firearm.

s 27: Am 2003 No 85, Sch 5 [1].

Division 3 Permits

28 General power to issue permits (cf APMC 3 (b), 7, 1990 Reg cl 15)

The Commissioner may issue permits for any one or more of the following purposes:

(a)  to authorise a person to acquire a firearm,

(b)  to authorise the possession or use of firearms by minors in accordance with section 32,

(c)  to authorise the possession or use of firearms in such circumstances as may be prescribed by the regulations (including film or theatrical productions or other artistic purposes),

(d)  to authorise the acquisition or supply of firearms in such circumstances as may be prescribed by the regulations,

(e)  to authorise the shortening or conversion of firearms,

(f)  to authorise the use of a firearm (being a firearm to which a category A, category B or category H licence applies) that is part of a licensed firearms collection in order to test it, or on a special occasion as specified in the permit,

(g)  to authorise the possession or use of firearms in such circumstances as the Commissioner considers appropriate,

(h)  to authorise anything else that is required by this Act or the regulations to be authorised by a permit.

s 28: Am 1996 No 135, Sch 1 [39]; 2013 No 74, Sch 1 [16].

29 General restrictions on issue of permits (cf APMC 4 (a), 1990 Reg cl 16)

(1)  A permit must not be issued unless the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace.

(1A)  The Commissioner must not issue a permit that authorises the possession or use of a firearm unless the Commissioner is satisfied that the applicant has a legitimate reason for possessing or using the firearm.

(2)  Without limiting the generality of subsection (1), a permit must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:

(a)  the applicant’s way of living or domestic circumstances, or

(b)  any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or

(c)  the applicant’s intemperate habits or being of unsound mind.

(3)  Subject to this Division, a permit must not be issued to a person who:

(a)  is under the age of 18, or

(b)  has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

(c)  is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the permit was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d)  is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(e)  is subject to a firearms prohibition order, or

(f)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

(3A)  A permit must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that:

(a)  the person is a risk to public safety, and

(b)  the issuing of the permit would be contrary to the public interest.

(3B)  The Commissioner is not, under this or any other Act or law, required to give reasons for not issuing a permit on the grounds referred to in subsection (3A).

(4)  Despite any other provision of this section, the Commissioner may refuse to issue a permit if the Commissioner considers that issue of the permit would be contrary to the public interest.

(5)  The regulations may provide other mandatory or discretionary grounds for refusing the issue of a permit.

s 29: Am 2001 No 24, Sch 1 [10]; 2002 No 47, Sch 1 [9] [10]; 2006 No 82, Sch 1 [2]; 2017 No 26, Sch 1 [17]–[19].

30 General provisions relating to permits (cf APMC 4 (a), (b), 1989 Act ss 35, 35A, 36, 38)

(1)  An application for a permit must be made in an approved manner and the fee prescribed by the regulations for the application must be paid when the application is made or as otherwise approved.

(2)  A permit is to be in a form approved by the Commissioner and contain such detail as may be prescribed by the regulations.

(3)  The regulations may prescribe or provide for the Commissioner to impose or determine:

(a)  conditions to which a permit is to be subject, and

(b)  the period for which a permit is to be in force.

(3A)  A permit that authorises a person to possess or use a firearm is automatically revoked if the holder of the permit becomes subject to a firearms prohibition order.

(4)  A permit may be suspended or revoked by the Commissioner:

(a)  for any reason for which a licence may be suspended or revoked under this Act, or

(b)  for such other reasons as may be prescribed by the regulations.

(5)  The suspension or revocation of a permit by the Commissioner takes effect when notice is served on the holder of the permit.

(6)  If a permit is suspended, revoked or otherwise ceases to be in force, the person to whom it was issued must immediately surrender to a police officer:

(a)  any firearm in respect of which the permit has been issued, and

(b)  the permit.

Maximum penalty (subsection (6)): 50 penalty units or imprisonment for 2 years, or both.

(7)  A police officer is authorised to seize any firearm in respect of which a permit has been issued if the permit is suspended, revoked or otherwise ceases to be in force. A police officer is also authorised to seize the permit itself.

(7A)  Subsections (6) and (7) do not apply in relation to a permit that has expired if the authority conferred by the permit continues to have effect (as provided by the regulations) pending the determination of an application for a subsequent permit.

(8)  If a permit is being suspended because the Commissioner is satisfied that there may be grounds for revoking the permit under section 11 (5A), the notice suspending the permit is not required:

(a)  to state the reasons for the suspension, or

(b)  to include any request that the permit holder provide the Commissioner with reasons why the permit should not be revoked.

(9)  If the Commissioner revokes a permit because the permit holder would be refused a permit on the grounds referred to in section 11 (5A), the Commissioner is not, under this or any other Act or law, required to give any reasons for revoking the permit on those grounds.

(10)  Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a permit.

s 30: Am 2007 No 82, Sch 1.9 [3]; 2010 No 40, Sch 2 [8]–[10]; 2010 No 119, Sch 2.21; 2012 No 42, Sch 1.10 [3]; 2013 No 74, Sch 1 [17] [18]; 2015 No 63, Sch 1 [2]; 2017 No 26, Sch 1 [20].

31 Permits to acquire firearms (cf APMC 7)

(1)  A person who is the holder of a licence or permit may apply to the Commissioner for a permit to acquire a firearm.

(2)  A separate permit to acquire is required in respect of each firearm to be acquired by the holder of a licence or permit.

(3)  The Commissioner must not issue a permit authorising a person to acquire a firearm:

(a)  unless the person is the holder of a licence or permit authorising the person to use or possess the firearm concerned, and

(b)    (Repealed)

(c)  unless the Commissioner is satisfied that the applicant has a good reason for acquiring the firearm concerned.

(3A)  Without limiting subsection (3), the Commissioner must not issue a permit authorising a person who is the holder of a category H (sport/target shooting) licence (including a probationary pistol licence) to acquire a pistol unless the application for the permit is supported by a written statement by the secretary or other relevant office holder of the pistol shooting club in respect of which the person’s genuine reason for having the licence has been established:

(a)  confirming that the person has adequate storage arrangements (as specified under this Act) in relation to the safe keeping of the pistol, and

(b)  specifying the shooting activities for which the pistol is required.

(3B)  In the case of a person who is the holder of a probationary pistol licence, and without limiting subsections (3) and (3A), the Commissioner:

(a)  during the initial probationary period referred to in section 16A (2)—must not issue a permit authorising the person to acquire any kind of pistol, and

(b)  during the remainder of the term of the licence—may only issue a total of 2 permits authorising the person to acquire no more than 2 pistols, any one of which (subject to subsection (3C)) is:

(i)  a centrefire pistol, or

(ii)  a rimfire pistol with a calibre of no more than .22 inch, or

(iii)  an air pistol with a calibre of no more than .177 inch, or

(iv)  a black powder pistol.

(3C)  However, nothing in subsection (3B) (b) authorises the holder of a probationary pistol licence to possess a centrefire pistol and a rimfire pistol at the same time.

(4)    (Repealed)

(5)  Unless sooner revoked by the Commissioner, a permit to acquire a firearm remains in force from the time it is issued for a period of 90 days (or such longer period as may be approved by the Commissioner in a particular case) or until the firearm to which the permit relates is acquired (whichever is the sooner).

Note—

Section 50 provides that a licensed firearms dealer does not need to obtain a permit under this section when buying a firearm.

s 31: Am 1996 No 135, Sch 1 [40]; 2003 No 36, Sch 1 [14]; 2008 No 66, Sch 1 [8]; 2010 No 92, Sch 1 [3].

31A Waiting period for issuing permits to acquire firearms

(1)  The Commissioner must not issue a permit authorising a person to acquire a firearm until after the end of the period of 28 days following the day on which the application for the permit is made.

(2)  Subsection (1) does not apply in relation to an application for a permit to acquire a firearm to which a particular category of licence applies if a firearm to which that licence category applies was registered in the applicant’s name at any time during the period of 90 days immediately before the date on which the application was made and that registration was not cancelled under section 35 during that 90 day period.

(3)  For the purposes of subsection (2), a category A and category B licence are taken to be the same licence category.

s 31A: Ins 2008 No 66, Sch 1 [9]. Am 2010 No 92, Sch 1 [4].

32 Minor’s firearms permits (cf APMC 3 (b), 1990 Reg cll 51, 52)

(1)    (Repealed)

(2)  An applicant for a minor’s firearms permit must:

(a)  be of or above the age prescribed by the regulations for the purposes of this section and under the age of 18 years, and

(b)  have completed a firearms safety training course in accordance with the regulations.

(3)  The application must contain the written consent of a parent or guardian of the applicant to the issue of the permit.

(4)  A minor’s firearms permit is to be of one of the following classes:

•  a minor’s firearms training permit,

•  a minor’s target pistol permit.

(5)  A minor’s firearms training permit authorises the person to whom it is issued to possess and use a firearm (other than a pistol or a prohibited firearm), but only:

(a)  under the supervision of the holder of a category A, category B or category C licence (or a person authorised by the Commissioner to supervise the use by minors of firearms of the kind concerned), and

(b)  for the purpose of receiving instruction in the safe use of the firearm or competing in such events as are approved by the Commissioner.

Note—

Reference to a pistol includes a prohibited pistol.

(5A)  Despite subsection (5), the Commissioner may issue a minor’s firearms training permit that authorises the person to whom it is issued to possess and use a self-loading or pump action shotgun of a kind to which a category C licence applies, but only:

(a)  under the supervision of the holder of a category A, category B or category C licence (or a person authorised by the Commissioner to supervise the use by minors of such firearms), and

(b)  for the purpose of participating in a recognised clay target shooting competition, and

(c)  if the person to whom the permit is issued complies with the restrictions set out in section 17A (2).

The provisions of section 17A (3)–(6) apply to and in respect of any such permit in the same way as those provisions apply to and in respect of a special category C licence as referred to in that section.

(6)  A minor’s target pistol permit authorises the person to whom it is issued to possess and use a target pistol (and no other kind of firearm), but only:

(a)  under the supervision of the holder of a category H licence who is authorised to use a pistol for the purposes of target shooting, and

(b)  for the purpose of receiving instruction in the safe use of the pistol or competing in such events as are approved by the Commissioner.

(6A)  The supervision of a person for the purposes of this section is to be as required by the regulations.

(7)  Unless sooner surrendered or revoked, a minor’s firearms permit expires on the permit holder’s eighteenth birthday.

(8)  Despite subsection (7), the authority conferred by the permit continues for the period prescribed by the regulations so as to enable an application for a licence or permit to be determined.

s 32: Am 1996 No 135, Sch 1 [41]–[43]; 2017 No 26, Sch 1 [21]–[25].

Part 3 Registration of firearms

(cf APMC 2, 1989 Act s 21 re pistols, 1990 Reg cll 80–83)

Division 1 Registration scheme

33 Register of Firearms

(1)  The Commissioner is to cause to be compiled and maintained a Register of Firearms.

(2)  The Register is to contain:

(a)  such particulars of each registered firearm (including its serial number if any) as are sufficient to identify the firearm and the person in whose name the firearm is registered, and

(b)  particulars of the licence or permit of the person in respect of whom the firearm is registered, and

(c)  such other information as may be required by the regulations to be included in the Register.

(3)  The Register is to be maintained in such form as:

(a)  to enable the Register to be linked to the National Exchange of Police Information (NEPI) scheme, and

(b)  to enable information in the Register to be accessed by other State and Territory government firearms authorities.

(4)  The Register is not to be made available for inspection by any member of the public.

(5)  The regulations may make provision with respect to the Register.

34 Registration of firearms

(1)  An application for registration of a firearm must be in the manner, and be accompanied by the fee (if any), prescribed by the regulations.

(2)  The Commissioner is to register a firearm that is the subject of an application, except as provided by this section.

(3)  The Commissioner must not register a firearm if the person in whose name the firearm is registered is not the holder of a licence or permit in respect of the firearm.

(4)  In the case of a person who is the holder of a category C licence, no more than one rifle to which the licence applies, and no more than one shotgun to which the licence applies, is to be registered in the name of that person.

(5)  The Commissioner may refuse to register a firearm if any firearm to which the application relates is not first produced for inspection by a member of the Police Force.

(6)  The Commissioner registers a firearm by entering in the Register particulars of the firearm and particulars relating to the person in whose name the firearm is registered.

(7)  If:

(a)  a firearm is registered in accordance with subsection (6), or

(b)  the Commissioner, in accordance with the regulations, records in the Register a change in the particulars relating to the person in whose name a firearm is registered,

the Commissioner is to issue a notice of registration to the person in whose name the firearm is registered.

(8)  A registered firearm ceases to be registered if registration of the firearm is cancelled under section 35. However nothing in this subsection prevents the further registration of a firearm after it ceases to be a registered firearm.

s 34: Am 2008 No 62, Sch 2.24 [1].

35 Cancellation of registration

(1)  The Commissioner may, by notice in writing served on the person in whose name a firearm is registered, cancel the registration of the firearm if:

(a)  had the firearm not been registered, the Commissioner would be required not to register it on the grounds that the person does not hold a licence or permit in respect of the firearm, or

(b)  the Commissioner is satisfied that the applicant for registration made a statement in or in connection with the application that the applicant knew to be false or misleading in a material particular, or

(c)  the person in whose name the firearm is registered is convicted of an offence under this Act or the regulations or an offence prescribed by the regulations for the purposes of this section, or

(d)  the person in whose name the firearm is registered requests the cancellation.

(2)  Cancellation of the registration of a firearm takes effect on the notice being served on the person in whose name the firearm is registered.

(3)  On cancellation of the registration of a firearm, a police officer is authorised to seize the firearm.

Division 2 Offences relating to registration

36 Unregistered firearms

(1)  A person must not supply, acquire, possess or use a firearm that is not registered.

Maximum penalty: imprisonment for 14 years if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

(2)  It is a defence to a prosecution for an offence under this section to prove that the defendant:

(a)  did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and

(b)  was not the owner of the firearm at the time of the alleged offence.

(3)  A licensed firearms dealer does not commit an offence under this section of acquiring or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring or taking possession of the firearm.

(4)  A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.

s 36: Am 1996 No 135, Sch 1 [44]; 2002 No 47, Sch 2 [2]; 2009 No 56, Sch 1.16; 2013 No 74, Sch 1 [10] [19]–[21]; 2015 No 63, Sch 1 [3]; 2017 No 26, Sch 1 [26] [27].

37 Requirements relating to registered firearms

(1)  The person in whose name a firearm is registered:

(a)  must produce the firearm for inspection by a police officer at any reasonable time when requested to do so by the officer, and

(b)  must, if the firearm is supplied or lost by, or stolen from, that person, immediately notify a police officer of the supply, loss or theft of the firearm and provide the Commissioner, within 7 days after the firearm is supplied, lost or stolen, with particulars of the supply, loss or theft in accordance with the regulations.

(2)  Any person (other than a licensed firearms dealer) who acquires a firearm from another person must provide the Commissioner, within 7 days after the firearm is acquired, with such particulars as may be prescribed by the regulations.

Maximum penalty: 50 penalty units.

s 37: Am 2001 No 112, Sch 3.6 [1]; 2013 No 74, Sch 1 [8] [22].

38 Alteration of notice of registration

A person must not alter any of the particulars set out in a notice of registration issued under section 34 (7).

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

Part 4 Safe keeping of firearms

(cf APMC 8, 1989 Act s 12)

39 General requirement

(1)  A person who possesses a firearm must take all reasonable precautions to ensure:

(a)  its safe keeping, and

(b)  that it is not stolen or lost, and

(c)  that it does not come into the possession of a person who is not authorised to possess the firearm.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both, if it is established beyond reasonable doubt that the firearm concerned was a prohibited firearm or a pistol, or 20 penalty units or imprisonment for 12 months, or both, in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

(2)  The regulations may specify the precautions that are taken to be reasonable precautions for the purposes of this section.

s 39: Am 2017 No 26, Sch 1 [28].

40 Category A and category B licence requirements

(1)  The holder of a category A or category B licence must comply with the following requirements in respect of any firearm to which the licence applies:

(a)  when any such firearm is not actually being used or carried, it must be stored in a locked receptacle of a type approved by the Commissioner and that is constructed of hard wood or steel and not easily penetrable,

(b)  if such a receptacle weighs less than 150 kilograms when empty, it must be fixed in order to prevent its easy removal,

(c)  the locks of such a receptacle must be of solid metal and be of a type approved by the Commissioner,

(d)  any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the receptacle containing any such firearm,

(e)  such other requirements relating to security and safe storage as may be prescribed by the regulations.

Maximum penalty: 20 penalty units or imprisonment for 12 months, or both.

(2)  A licensee does not have to comply with the requirements of this section if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

41 Category C, D and H licence requirements

(1)  The holder of a category C, category D or category H licence must comply with the following requirements in respect of any firearm to which the licence applies:

(a)  when any such firearm is not actually being used or carried, it must be stored in a locked steel safe of a type approved by the Commissioner and that cannot be easily penetrated,

(b)  such a safe must be bolted to the structure of the premises where the firearm is authorised to be kept,

(c)  any ammunition for the firearm must be stored in a locked container of a type approved by the Commissioner and that is kept separate from the safe containing any such firearm,

(d)  such other requirements relating to security and safe storage as may be prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2)  A licensee does not have to comply with the requirements of this section if the licensee satisfies the Commissioner that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

42 Seizure of firearms and ammunition if storage requirements not met

(1)  A police officer must seize any firearm or ammunition that the officer has reasonable grounds to believe is not being kept in accordance with this Part.

(2)  This section does not require the seizure of a firearm or ammunition if the police officer is satisfied that the failure to keep the firearm or ammunition in accordance with this Part has been rectified or will be rectified without delay. A decision not to seize a firearm or ammunition on that basis does not prevent the taking of a prosecution or the issuing of a penalty notice in respect of the failure.

s 42: Am 2017 No 26, Sch 1 [29]

42A Inspections of storage of firearms held by security guard employers

(1)  A police officer may, at any time of the day or night, enter the premises of a master licensee under the Security Industry Act 1997 who is licensed under this Act to possess firearms for the conduct of a security business and inspect that master licensee’s firearms and the security and safe storage of those firearms.

(2)  A police officer conducting an inspection under this section is authorised to enter any part of the premises where firearms are being stored (including a part of a building used for residential purposes) and any part of the premises required to give access to those areas.

(3)  A person must not obstruct, hinder, prevent or interfere with a police officer in the exercise of a power under this section.

Maximum penalty (subsection (3)): 50 penalty units.

(4)  A reference in this section to a master licensee under the Security Industry Act 1997 includes a reference to the holder of a visitor permit authorised under that Act to carry out security activities of a kind authorised by a master licence.

s 42A: Ins 2002 No 107, Sch 2.2 [2]. Am 2008 No 113, Sch 2.1 [3].

Part 5 Firearms dealers

43 Firearms 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].

44 Information 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].

44A Prescribed 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 interim apprehended violence order, or

(e)  is the subject of a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or

(f)  is subject to a firearms prohibition order, or

(g)  is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

s 44A: Ins 2001 No 24, Sch 1 [12]. Am 2006 No 82, Sch 1 [3]; 2017 No 26, Sch 1 [30] [31].

45 Recording 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.

(1A)  Subsection (1) (b) does not apply in relation to:

(a)  a firearm that is not required to be registered, or

(b)  a transaction or dealing concerning a firearm or other thing until such time (if any) as the transaction or dealing involves a change in the ownership of the firearm or thing.

(1B)  However, subsection (1A) does not affect any other requirement under this section to keep a record of the transaction or dealing concerned or to produce the record for inspection by a police officer.

(2)  Each record must contain the following particulars for each acquisition, receipt, supply 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 acquisition or receipt by the dealer and of its subsequent supply 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 supplied 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 acquisition, receipt, supply 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, acquired or received under the authority of the person’s firearms dealer licence, or that the person has in his or her possession or has supplied 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; 2010 No 92, Sch 1 [5]; 2013 No 74, Sch 1 [8] [9] [22] [23].

45A Recording of ammunition transactions

(1)  A licensed firearms dealer must keep a record of all transactions involving the supply or acquisition of ammunition by the firearms dealer.

(2)  The record must contain the following particulars for each transaction involving the supply of ammunition by the dealer:

(a)  the name of the other person to whom the ammunition was supplied,

(b)  the number of the other person’s licence or permit for a firearm that takes the ammunition or for a permit that authorises the person to acquire the ammunition,

(c)  in the case of the supply of ammunition that is subject to the requirements of section 65A—the number of the relevant notice of registration for a firearm or permit to acquire a firearm that was seen by the dealer at the time of the supply,

(d)  in the case of the supply of ammunition to a member of a shooting club by the club armourer for the club for use in a club firearm (as referred to in section 65A)—the number of the relevant notice of registration for the club firearm concerned,

(e)  such other particulars as may be prescribed by the regulations.

(3)  The record must contain the following particulars for each acquisition of ammunition by the dealer:

(a)  the name of the person from whom the ammunition was acquired,

(b)  such other particulars as may be prescribed by the regulations.

(4)  A record under this section must, subject to the regulations, be made within 24 hours after the transaction to which it relates was made.

(5)  The record must be kept in the form approved by the Commissioner.

(6)  A licensed firearms dealer who ceases to hold such a licence must provide the Commissioner with the record kept under this section for all transactions involving the supply or acquisition of ammunition during the 2 years immediately preceding the date on which the licence ceased to be in force.

(7)  A licensed firearms dealer must, on demand made by a police officer at any time:

(a)  produce to that officer the record kept by the dealer under this section and permit that officer to inspect and make copies of any entries in it, and

(b)  furnish to that officer any information in the dealer’s possession with respect to any ammunition acquired or supplied by the dealer.

(8)  Any person making an alteration to an entry in a record kept under this section must do so by interlineation or striking out and not by erasure.

Maximum penalty: 20 penalty units.

s 45A: Ins 2012 No 34, Sch 1 [1]. Am 2013 No 74, Sch 1 [9] [22]–[26]; 2017 No 26, Sch 1 [32].

46 Quarterly 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.

47 Additional 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 (in the case of a firearm that is required to be registered).

(6)  A licensed firearms dealer must not maintain or repair any firearm that is not registered.

Maximum penalty (subsections (1)–(6)): 50 penalty units.

(6A)  Subsection (6) does not apply in relation to a firearm that is not required to be registered.

(7)  The regulations may prescribe other requirements with respect to licensed firearms dealers.

s 47: Am 2010 No 92, Sch 1 [6] [7].

48 Security 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].

49 Interstate 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 acquire 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]; 2013 No 74, Sch 1 [20].

Part 6 Miscellaneous offences

50 Acquisition of firearms (cf APMC 7, 1989 Act s 6)

A person must not acquire 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 14 years if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

s 50: Am 2001 No 24, Sch 1 [18]; 2002 No 47, Sch 2 [3]; 2013 No 74, Sch 1 [10] [20]; 2015 No 63, Sch 1 [4]; 2017 No 26, Sch 1 [33].

50AA Acquisition of firearm parts

(1)  A person must not acquire 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 acquire the firearm part.

Maximum penalty: imprisonment for 5 years.

(2)  A person must not acquire a firearm part that relates to any kind of pistol or prohibited firearm unless the person:

(a)  is the holder of a licence or permit for that kind of pistol or prohibited firearm, or

(b)  is authorised by a permit to acquire the firearm part.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(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]. Am 2013 No 74, Sch 1 [10] [20]; 2015 No 63, Sch 1 [5]; 2017 No 26, Sch 1 [34].

50A Unauthorised 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 pistol or prohibited firearm is guilty of an offence under this subsection unless the person is authorised by a licence or permit to manufacture the pistol or prohibited firearm.

Maximum penalty: imprisonment for 20 years.

Note—

Reference to a pistol includes a prohibited pistol.

(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]. Am 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [35].

50B Giving possession of firearms or firearm parts to unauthorised persons

(1)  A person must not give possession of a firearm to another person unless the other person is authorised to possess the firearm by a licence or permit or is otherwise authorised to have possession of the firearm.

Maximum penalty: imprisonment for 14 years if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Offences relating to “supply” (ie transferring ownership) are set out elsewhere in this Part.

(2)  A person must not give possession of a firearm part to another person unless the other person is the holder of a licence or permit for the kind of firearm to which the firearm part relates or is otherwise authorised to have possession of the firearm part.

Maximum penalty: imprisonment for 14 years if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

s 50B: Ins 2013 No 74, Sch 1 [27]. Am 2017 No 26, Sch 1 [36].

51 Restrictions on supply of firearms

(1)  A person (the supplier) must not supply, or knowingly take part in the supply of, a firearm to another person unless:

(a)  the other person is authorised to possess the firearm by a licence or permit, and

(b)  the following documents have been produced to, and inspected by, the supplier:

(i)  the other person’s licence or permit, and

(ii)  if the other person is not a licensed firearms dealer—the other person’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 supplier) must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to another person unless:

(a)  the other person is authorised to possess the pistol or prohibited firearm by a licence or permit, and

(b)  the following documents have been produced to, and inspected by, the supplier:

(i)  the other person’s licence or permit, and

(ii)  if the other person is not a licensed firearms dealer—the other person’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 pistol or prohibited firearm concerned).

Maximum penalty: imprisonment for 20 years.

Note—

Reference to a pistol includes a prohibited pistol.

(1B)  If the firearm is an imitation firearm, the other person’s permit to acquire the firearm is not required to be produced to and inspected by the supplier under subsection (1) or (1A) (without affecting the requirement that the other person’s licence or permit be produced to and inspected by the supplier).

Note—

The holder of a permit authorising the possession or use of an imitation firearm is not required to be authorised by a permit to acquire the imitation firearm. See section 4D.

(2)  A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a firearm to a person who is not a licensed firearms dealer unless:

(a)  the supply 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 supply 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 supply, or knowingly take part in the supply of, a pistol or prohibited firearm to a person who is not a licensed firearms dealer unless:

(a)  the supply 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 supply is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 20 years.

Note—

Reference to a pistol includes a prohibited pistol.

(3)  For the purposes of this section, a person takes part in the supply 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 supply, 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]; 2013 No 74, Sch 1 [8] [10] [19] [28]–[31]; 2017 No 26, Sch 1 [37] [38].

51A Restrictions on acquiring firearms

(1)  A person (the receiver) must not acquire a firearm from another person (the supplier) unless:

(a)  the supplier is authorised to possess the firearm by a licence or permit, and

(b)  the supplier’s licence or permit has been produced to, and inspected by, the receiver.

(2)  A person other than a licensed firearms dealer must not acquire a firearm from another person who is not a licensed firearms dealer unless:

(a)  the supply 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 supply is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 14 years if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

s 51A: Ins 2001 No 24, Sch 1 [19]. Am 2002 No 47, Sch 2 [9]; 2013 No 74, Sch 1 [8] [10] [20] [32]; 2017 No 26, Sch 1 [39].

51B Supplying 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 supply If, on the trial of a person for an offence under this section, more than 3 occasions of supplying 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 supply 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 supply offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant supply 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 supply 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 supply 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 supply offence, or

(b)  acquitted of a relevant supply 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 supply offence.

(7) Liability for relevant supply 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 supply offence, or

(b)  affect the punishment that may be imposed for any such offence.

(8) Definition In this section, relevant supply offence means any offence under this Act (other than under this section) relating to the supply of a firearm.

s 51B: Ins 2001 No 24, Sch 1 [19]. Am 2003 No 92, Sch 2 [2]; 2013 No 74, Sch 1 [8] [33] [34].

51BA Restrictions on supply of firearm parts

(1)  A person (the supplier) must not supply, or knowingly take part in the supply of, a firearm part to another person unless:

(a)  the supplier is authorised by a licence or permit to supply the firearm part, and

(b)  the other person is the holder of a licence or permit for the kind of firearm to which the firearm part relates, and

(c)  the other person’s licence or permit has been produced to, and inspected by, the supplier.

Maximum penalty: imprisonment for 5 years.

(2)  A person (the supplier) must not supply, or knowingly take part in the supply of, a firearm part to another person, being a firearm part that solely relates to any kind of pistol or prohibited firearm, unless:

(a)  the supplier is authorised by a licence or permit to supply the firearm part, and

(b)  the other person is the holder of a licence or permit for that kind of pistol or prohibited firearm, and

(c)  the other person’s licence or permit has been produced to, and inspected by, the supplier.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(3)  For the purposes of this section, a person takes part in the supply 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 supply, 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]. Am 2013 No 74, Sch 1 [8] [10] [19] [28]–[31]; 2015 No 63, Sch 1 [6]; 2017 No 26, Sch 1 [40].

51BB Supplying 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 supply 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 supplying 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]. Am 2013 No 74, Sch 1 [8] [33].

51C Conspiring 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].

51CA Attempts

Any person who attempts to commit an offence under another provision of this Act is guilty of an offence under that other provision and is liable, on conviction, to the same penalty applicable to an offence under that other provision.

s 51CA: Ins 2013 No 74, Sch 1 [35].

51D Unauthorised 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 pistol or prohibited firearm 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.

Note—

Reference to a pistol includes a prohibited pistol.

(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]. Am 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [41].

51E Possession 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.

Note—

Reference to a pistol includes a prohibited pistol.

s 51E: Ins 2003 No 36, Sch 1 [15]. Am 2017 No 26, Sch 1 [42].

51F Possession of digital blueprints for manufacture of firearms

(1)  A person must not possess a digital blueprint for the manufacture of a firearm on a 3D printer or on an electronic milling machine.

Maximum penalty: imprisonment for 14 years.

(2)  Subsection (1) does not apply to a person who is:

(a)  authorised by a licence or permit to manufacture the firearm concerned, or

(b)  acting in the ordinary course of the person’s duties as a member (other than a police officer) of the Police Force.

(3)  In this section:

digital blueprint means any type of digital (or electronic) reproduction of a technical drawing of the design of an object.

possession, of a digital blueprint, includes the following:

(a)  possession of a computer or data storage device holding or containing the blueprint or of a document in which the blueprint is recorded,

(b)  control of the blueprint held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction).

s 51F: Ins 2015 No 63, Sch 1 [7].

51G Defences for offences under section 51F

(1) Innocent production, dissemination or possession It is a defence to a prosecution for an offence under section 51F if the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint concerned.

(2)  It is a defence to a prosecution for an offence under section 51F if the defendant proves that the digital blueprint concerned came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to get rid of it.

(3) Public benefit It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant:

(a)  was of public benefit, and

(b)  did not extend beyond what was of public benefit.

(4)  Conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:

(a)  enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth, or

(b)  monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or

(c)  the administration of justice.

(5)  The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

(6) Approved research It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant:

(a)  was necessary for or of assistance in conducting scientific, medical, educational, military or law enforcement research that has been approved by the Attorney General in writing for the purposes of this section, and

(b)  did not contravene any conditions of that approval.

s 51G: Ins 2015 No 63, Sch 1 [7].

51H Stolen firearms or firearm parts

(1)  A person must not use, supply, acquire or possess a stolen firearm or firearm part or give possession of a stolen firearm or firearm part to another person.

Maximum penalty: imprisonment for 14 years.

(2)  It is a defence to a prosecution for an offence under this section if the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the firearm or firearm part concerned was stolen.

(3)  This section applies in relation to a stolen firearm or firearm part whether it was stolen before or after the commencement of this section.

s 51H: Ins 2015 No 63, Sch 1 [8].

51I Remote controlled possession and use of firearms

(1)  A person who possesses or uses a firearm by remote control is guilty of an offence under this subsection unless the person is authorised by a permit to possess or use the firearm by remote control.

Maximum penalty: imprisonment for 5 years.

(2)  A person who possesses or uses a pistol or prohibited firearm by remote control is guilty of an offence under this subsection unless the person is authorised by a permit to possess or use the pistol or prohibited firearm by remote control.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(3)  A person possesses a firearm by remote control when the person has the firearm in or on any vehicle, vessel, aircraft or other device that is being operated by the person by remote control. A person uses a firearm by remote control when the person operates the firearm by remote control.

(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 51I: Ins 2017 No 26, Sch 1 [43].

52 Use 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 acquisition 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.

(4A)  It is not an offence under subsection (1) or (2) if the firearm or firearm barrel is sent by a licensed firearms dealer to another licensed firearms dealer by a form of post that requires delivery in person to the addressee.

(4B)  It is not an offence under subsection (3) if the person who is directed or requested to send the firearm or firearm barrel is a licensed firearms dealer (or a firearms dealer licensed under the law of another State) and the firearms dealer is directed or requested to send the firearm or barrel to a licensed firearms dealer by a form of post that requires delivery in person to the addressee.

(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)    (Repealed)

Maximum penalty: 50 penalty units.

s 52: Am 1996 No 135, Sch 1 [47] [48]; 2001 No 112, Sch 3.6 [4]; 2008 No 66, Sch 1 [10]; 2013 No 74, Sch 1 [9].

53 Use 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 a form of post that requires delivery in person to the addressee, 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]; 2008 No 66, Sch 1 [11].

54 Advertising supply of firearms (cf APMC 10 (a))

A person must not cause an advertisement for the supply of a firearm or firearm part to be published unless:

(a)  the person is a licensed firearms dealer, or

(b)  the proposed supply 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]; 2013 No 74, Sch 1 [8].

55 Means 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.

56 Commercial 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].

57 Non-commercial transportation of 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.

Note—

Reference to a pistol includes a prohibited pistol.

s 57: Am 1996 No 135, Sch 1 [52]; 2017 No 26, Sch 1 [44].

58 Possession 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.

60 Disposal 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].

61 Unsafe firearms (cf 1989 Act s 13)

(1)  A person must not supply 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.

s 61: Am 2013 No 74, Sch 1 [19].

62 Shortening 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)  supply or give possession of any such firearm that has been shortened to another person.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(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]; 2013 No 74, Sch 1 [19]; 2015 No 63, Sch 1 [9]; 2017 No 26, Sch 1 [45].

63 Converting 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 or permit has been issued to the person authorising possession of the pistol.

Maximum penalty: imprisonment for 14 years.

Note—

Reference to a pistol includes a prohibited pistol.

(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 14 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 14 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 14 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 14 years.

s 63: Am 2002 No 47, Schs 1 [14], 2 [11]; 2003 No 36, Sch 1 [19]; 2015 No 63, Sch 1 [10]; 2017 No 26, Sch 1 [46] [47].

64 Restrictions 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 supply 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 supply 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]; 2013 No 74, Sch 1 [19].

65 Supply, acquisition and possession of ammunition (cf APMC 9 (c), 1989 Act s 17)

Note—

Provisions such as this section that refer to ammunition for any firearm do not apply to ammunition for anything declared by the regulations not to be a firearm.

(1)  A person must not supply or give possession of ammunition for any firearm to another person unless:

(a)  the other person is the holder of a licence or permit for a firearm which takes that ammunition, or

(b)  the other person is authorised to acquire it by a permit.

(1A)  In addition to subsection (1), a licensed firearms dealer must not supply or give possession of ammunition for any firearm to another person unless the firearms dealer has seen:

(a)  a licence or permit held by the other person for a firearm which takes that ammunition, or

(b)  a permit held by the other person authorising the person to acquire the ammunition.

Note—

Section 65A imposes additional requirements for the supply of ammunition by licensed firearms dealers.

(2)  A person must not acquire 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 acquire it by a permit,

and the amount of ammunition that is acquired at any one time does not exceed the amount (if any) prescribed by the regulations.

(3)  A person must not possess 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 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.

(5)  For the purposes of this Act, the ammunition that a firearm takes includes any ammunition that can be safely fired in the firearm (whether or not that ammunition has the same calibre designation as the calibre designation of the firearm).

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]; 2012 No 34, Sch 1 [2]; 2013 No 74, Sch 1 [20] [23] [36]; 2017 No 26, Sch 1 [48]–[50].

65A Supply of ammunition by firearms dealers—additional requirements

(1)  A licensed firearms dealer must not supply ammunition for any firearm to a person who is the holder of a licence or permit for the firearm unless:

(a)  a firearm that takes the ammunition is registered in the name of the person or the person is authorised by a permit (or its equivalent under the law of another State or Territory) to acquire a firearm that takes the ammunition, and

(b)  the dealer has seen the current notice of registration issued for the firearm or the permit to acquire the firearm.

Maximum penalty: 50 penalty units.

Note—

Section 65 provides that the ammunition that a firearm takes includes any ammunition that can be safely fired in the firearm.

(2)  The requirements of this section are in addition to the requirements of section 65.

(3)  This section does not apply to the supply of ammunition by a licensed firearms dealer to another licensed firearms dealer.

(4)  This section does not apply to the supply of ammunition to a member of a shooting club by the club armourer for the club for use at the club in a firearm registered to the club (a club firearm).

s 65A: Ins 2012 No 34, Sch 1 [3]. Am 2013 No 74, Sch 1 [19] [37] [38]; 2017 No 26, Sch 1 [51].

66 Defaced or altered firearms or firearm parts

(1)  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 firearm part, or

(b)  use, supply, acquire or possess a defaced firearm or give possession of a defaced firearm to another person, or

(c)  supply, acquire or possess a defaced firearm part or give possession of a defaced firearm part to another person.

Maximum penalty: imprisonment for 14 years.

(2)  It is a defence to a prosecution for an offence under subsection (1) (b) or (c) if the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the firearm or firearm part was a defaced firearm or defaced firearm part (as the case requires).

(3)  In this section:

defaced firearm means a firearm on which any number, letter or identification mark has been defaced or altered.

defaced firearm part means a firearm part on which any number, letter or identification mark has been defaced or altered.

s 66: Am 2002 No 47, Sch 2 [13]. Subst 2015 No 63, Sch 1 [11].

67 Pawning of firearms prohibited (cf 1989 Act s 20)

A pawnbroker must not take a firearm, firearm part or ammunition for any firearm into pawn.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

s 67: Am 2017 No 26, Sch 1 [52].

68 Licence 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.

69 Requirement 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.

70 False 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 14 years if the application relates to a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

s 70: Am 2002 No 47, Sch 2 [14]; 2013 No 74, Sch 1 [10]; 2015 No 63, Sch 1 [12]; 2017 No 26, Sch 1 [53].

71 Misuse 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)    (Repealed)

(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—

Parts 5 and 5A of the Crimes Act 1900 contain offences relating to making, using and possessing false documents and the production of false and misleading documents.

s 71: Am 2003 No 92, Sch 2 [4] [5]; 2014 No 88, Sch 2.23.

71A Using 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].

72 Falsifying 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 pistol or prohibited firearm (or part of a pistol or prohibited firearm), or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

(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]; 2013 No 74, Sch 1 [10]; 2017 No 26, Sch 1 [54].

Part 6A

72A–72E  (Repealed)

pt 6A: Ins 2002 No 47, Sch 1 [15]. Rep 2002 No 103, Sch 4.35.

s 72A: Ins 2002 No 47, Sch 1 [15]. Am 2005 No 11, Sch 3.14. Rep 2002 No 103, Sch 4.35.

ss 72B–72E: Ins 2002 No 47, Sch 1 [15]. Rep 2002 No 103, Sch 4.35.

Part 7 Firearms prohibition orders

pt 7: Subst 2013 No 74, Sch 1 [39].

73 Firearms prohibition orders

(1)  The Commissioner may make a firearms prohibition order against a person if, in the opinion of the Commissioner, the person is not fit, in the public interest, to have possession of a firearm.

(2)  A firearms prohibition order takes effect when a police officer serves a copy of the order personally on the person against whom it is made.

(3)  The Commissioner may revoke a firearms prohibition order at any time for any or no stated reason.

s 73: Subst 2013 No 74, Sch 1 [39].

74 Effect of firearms prohibition order

(1) Prohibition on persons acquiring, possessing or using firearms, firearm parts or ammunition A person who is subject to a firearms prohibition order must not acquire, possess or use a firearm.

Maximum penalty: imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note—

Reference to a pistol includes a prohibited pistol.

(2)  A person who is subject to a firearms prohibition order must not acquire or possess a firearm part.

Maximum penalty: imprisonment for 14 years if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(3)  A person who is subject to a firearms prohibition order must not acquire or possess ammunition for any firearm.

Maximum penalty: imprisonment for 5 years.

(4) Prohibition on supplying firearms etc to persons subject to orders A person must not supply or give possession of a firearm or firearm part to another person knowing that the other person is subject to a firearms prohibition order.

Maximum penalty: imprisonment for 14 years if the firearm is a pistol or prohibited firearm or if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(5)  A person must not supply or give possession of ammunition for any firearm to another person knowing that the other person is subject to a firearms prohibition order.

Maximum penalty: imprisonment for 5 years.

(6) Prohibition on persons residing at premises where there are firearms etc A person who is subject to a firearms prohibition order is guilty of an offence if a firearm, firearm part or ammunition for any firearm is kept or found on premises at which the person is residing.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(7)  It is a defence to a prosecution for an offence under subsection (6) if the defendant proves that the defendant:

(a)  did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on the premises, or

(b)  took reasonable steps to prevent the firearm, firearm part or ammunition from being on the premises.

(8) Prohibition on persons attending certain premises A person who is subject to a firearms prohibition order must not without reasonable excuse attend:

(a)  the premises specified in a firearms dealer’s licence, or

(b)  a shooting range, or

(c)  the premises of a firearms club, or

(d)  any other premises of a kind prescribed by the regulations.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(9)  Membership of a firearms club is not a reasonable excuse for the purposes of subsection (8).

(10) Exemptions The Commissioner may by order exempt a person, either unconditionally or subject to conditions, from a specified provision of this section.

(11) Proof of possession of firearm parts and ammunition For the purposes of any proceedings for an offence under this section, a reference in section 4A to a firearm is taken to include a reference to a firearm part or ammunition.

s 74: Am 2002 No 47, Sch 2 [16]. Subst 2013 No 74, Sch 1 [39]. Am 2017 No 26, Sch 1 [55] [56].

74A Powers of police to search for firearms in possession of person subject to firearms prohibition order

(1)  The powers of a police officer under this section may be exercised as reasonably required for the purposes of determining whether a person who is subject to a firearms prohibition order has committed an offence under section 74 (1), (2) or (3).

(2)  A police officer may:

(a)  detain a person who is subject to a firearms prohibition order, or

(b)  enter any premises occupied by or under the control or management of such a person, or

(c)  stop and detain any vehicle, vessel or aircraft occupied by or under the control or management of such a person,

and conduct a search of the person, or of the premises, vehicle, vessel or aircraft, for any firearms, firearm parts or ammunition.

(3)  In this section, premises includes any place, whether built on or not.

s 74A: Ins 2013 No 74, Sch 1 [39].

74B Monitoring of police search powers by Ombudsman

(1)  For the period of 2 years after the commencement of section 74A, the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers under that section.

(2)  For that purpose, the Ombudsman may require the Commissioner to provide information about the exercise of those powers.

(3)  The Ombudsman must, as soon as practicable after the end of that 2-year period, prepare a report on the exercise of the powers conferred on police officers under section 74A and furnish a copy of the report to the Minister, the Attorney General and the Commissioner.

(4)  The Ombudsman may in the report identify, and include recommendations for consideration by the Minister about, amendments that might appropriately be made to this Act with respect to the exercise of functions conferred on police officers under section 74A.

(5)  The Minister is to lay (or cause to be laid) a copy of the report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.

(6)  If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.

(7)  The report that is presented to the Clerk of a House:

(a)  is, on presentation and for all purposes, taken to have been laid before the House, and

(b)  may be printed by authority of the Clerk of the House, and

(c)  if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d)  is to be recorded:

(i)  in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii)  in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.

s 74B: Ins 2013 No 74, Sch 1 [39].

Part 8 Applications to Civil and Administrative Tribunal

pt 8, hdg: Subst 1997 No 77, Sch 5.13 [2]. Am 2013 No 95, Sch 2.59 [1].

pt 8: Subst 1997 No 77, Sch 5.13 [2].

75 Administrative reviews by Civil and Administrative Tribunal of certain decisions

(1)  A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions:

(a)  the refusal of or failure by the Commissioner to issue a licence or permit (other than a permit in respect of a prohibited firearm) to the person,

(b)  a condition imposed by the Commissioner on a licence or permit issued to the person,

(c)  the revocation of a licence or permit issued to the person (other than a revocation on the basis that the holder of the licence or permit is subject to a firearms prohibition order or an apprehended violence order),

(d)  the refusal of or failure by the Commissioner to register a firearm,

(e)  the cancellation of the registration of a firearm by the Commissioner,

(f)  a firearms prohibition order made against the person,

(g)  a decision made under the regulations concerning the person that belongs to a class of decisions prescribed by the regulations for the purposes of this paragraph.

(1A)  Despite subsection (1), a person may not apply for a review of a firearms prohibition order made against the person if the person would be required under section 11 (5) or 29 (3) to be refused a licence or permit (a disqualified person) had the person not been subject to a firearms prohibition order.

(1B)  However, the decision to make a firearms prohibition order against a disqualified person is taken to be an administratively reviewable decision for the purposes of section 53 (Internal reviews) of the Administrative Decisions Review Act 1997 and that section applies, with such modifications as are necessary, in relation to the decision to make such an order.

(2)  Despite subsection (1), a regulation referred to in subsection (1) (g) may limit the class of persons who may make an application for an administrative review of a decision referred to in that paragraph.

(3)  The Minister is not to recommend the making of a regulation containing provisions for the purposes of subsection (1) (g) unless the Minister certifies that the Minister administering the Civil and Administrative Tribunal Act 2013 has agreed to the provisions.

(4)  The following provisions of the Administrative Decisions Review Act 1997 do not apply to an application to the Civil and Administrative Tribunal for an administrative review of a decision referred to in subsection (1) (a) or (c) that was made on the grounds referred to in section 11 (5A) or 29 (3A):

(a)  Part 2 of Chapter 3,

(b)  section 58.

(5)  In determining an application for an administrative review of any such decision, the Civil and Administrative Tribunal (and any Appeal Panel of the Tribunal in determining any internal appeal against such a review under the Civil and Administrative Tribunal Act 2013):

(a)  is to ensure that it does not, in the reasons for its decision or otherwise, disclose the existence or content of any criminal intelligence report or other information referred to in section 11 (5A) or 29 (3A), and

(b)  in order to prevent the disclosure of any such report or other information, is to receive evidence and hear argument in the absence of the public, the applicant for the administrative review and the applicant’s representative.

s 75: Subst 1997 No 77, Sch 5.13 [2]. Am 1998 No 48, Sch 2.6 [1] [2]; 2002 No 47, Sch 1 [16]; 2013 No 74, Sch 1 [40]; 2013 No 95, Sch 2.59 [2]–[8].

76, 77 (Repealed)

s 76: Rep 1997 No 77, Sch 5.13 [2].

s 77: Rep 1997 No 77, Sch 5.13 [2].

Part 9 Miscellaneous provisions

78 Arrangements for online services

(1)  The Commissioner may establish arrangements (online service arrangements) that facilitate the following:

(a)  the making by electronic means of applications under a relevant Act,

(b)  the giving of any notice under a relevant Act by electronic means,

(c)  the use of digital signatures for the purposes of the authentication of any application made or notice given by electronic means,

(d)  the payment or refund by electronic means of fees payable under a relevant Act.

(2)  The use of online service arrangements is subject to any terms and conditions imposed by the Commissioner but a person cannot be required to use online service arrangements.

(3)  A notice given by means of online service arrangements is taken to have been given in writing.

(4)  In this section:

give includes serve.

notice means any notice, notification, approval or other instrument that is authorised or required to be given in writing by or under a relevant Act.

relevant Act means this Act or the Weapons Prohibition Act 1998.

s 78: Am 1996 No 135, Sch 1 [57]–[60]. Subst 2003 No 36, Sch 1 [20]. Am 2006 No 94, Sch 3.12. Rep 2007 No 82, Sch 1.9 [4]. Ins 2017 No 26, Sch 1 [57].

78A Recognition of domestic violence orders

Section 98ZI (Recognition of disqualification to hold firearms licence) of the Crimes (Domestic and Personal Violence) Act 2007 does not apply to a recognised DVO if section 98ZH of that Act applies to the recognised DVO and requires the Commissioner to revoke a licence or permit under this Act held by the person concerned or to refuse to issue a licence or permit under this Act to the person concerned.

s 78A: Ins 1996 No 135, Sch 1 [61]. Subst 2003 No 36, Sch 1 [21]. Rep 2007 No 82, Sch 1.9 [4]. Ins 2017 No 26, Sch 1 [57].

79 Disclosure 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].

79A Disclosure 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].

80 Disposal of surrendered or seized firearms (cf 1989 Act s 48)

(1)  The 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)    (Repealed)

(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]; 2007 No 82, Sch 1.9 [5]; 2007 No 94, Sch 3.

81 Delegation (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.

(2A)  Despite subsection (1), the functions of the Commissioner under section 73 or 74 may be delegated only to a police officer of or above the rank of inspector.

(3)  In this section, authorised person means:

(a)  a police officer or any other member of the Police Force, or

(b)  a Public Service employee, or

(c)  any other person prescribed by the regulations.

s 81: Am 2002 No 47, Sch 1 [17]; 2008 No 62, Sch 2.24 [1]; 2013 No 74, Sch 1 [41]; 2017 No 22, Sch 4.15 [4].

82 Liability 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.

82A Deceased 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].

83 Offences 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.

84 Proceedings 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 the Local Court.

(2)  An offence under section 7 or 7A, 36, 43, 44A, 50, 50AA, 50A (1), 50B, 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 51F, 51H, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 (1)–(5) 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]; 2007 No 94, Sch 2; 2013 No 74, Sch 1 [42] [43]; 2015 No 63, Sch 1 [13].

85 Time 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 the 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]; 2007 No 94, Sch 2.

85A Penalty notices

(1)  An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2)  A penalty notice offence is an offence against this Act (other than an offence referred to in section 84 (2) or (3)) or the regulations that is prescribed by the regulations as a penalty notice offence.

(3)  The Fines Act 1996 applies to a penalty notice issued under this section.

Note—

The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).

(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

(6)  In this section:

authorised officer means:

(a)  a police officer, or

(b)  any other member of the NSW Police Force authorised in writing by the Commissioner for the purposes of this section.

s 85A: Ins 2008 No 66, Sch 1 [12]. Subst 2017 No 22, Sch 3.24.

86 Service 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.

87 Evidence (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].

88 Regulations (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), (b1)    (Repealed)

(c)  firearm safety training courses,

(d)  training and supervision in relation to firearms,

(e)  firearms dealers,

(f)    (Repealed)

(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)    (Repealed)

(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]; 2007 No 82, Sch 1.9 [6].

89 Repeal of Firearms Act 1989 and Firearms Regulation 1990

The Firearms Act 1989 and the Firearms Regulation 1990 are repealed.

90 (Repealed)

s 90: Rep 1999 No 85, Sch 4.

91 Savings and transitional provisions

Schedule 3 has effect.

92 Review 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.

93 Registration 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].

Schedule 1 Prohibited firearms

(cf APMC 1, Sch 1 PW Act)

(Section 4 (1))

1 Any machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger.

2 Any self-loading rimfire rifle (including any such firearm described elsewhere in this Schedule).

3 Any self-loading centre-fire rifle (including any such firearm described elsewhere in this Schedule).

4 Any self-loading or pump action shotgun (including any such firearm described elsewhere in this Schedule).

4A Any lever action shotgun with a magazine capacity of more than 5 rounds (including any such firearm described elsewhere in this Schedule).

5 Any self-loading centre-fire rifle of a kind that is designed or adapted for military purposes.

6 Any self-loading shotgun of a kind that is designed or adapted for military purposes.

7 Any firearm that substantially duplicates in appearance (regardless of calibre or manner of operation) a firearm referred to in item 1, 5 or 6.

8 A firearm, not being a pistol, of the Uberti or Armi-Jager brands, or any similar firearm fitted with a revolving ammunition cylinder (other than a firearm manufactured before 1920).

9 A shotgun fitted with or designed to be fitted with a drum magazine of the “Striker 12” assault shotgun type or any similar weapon.

10 Any firearm to which there is attached any article or device capable of muffling, reducing or stopping the noise created by firing the firearm.

11 A firearm, not being a pistol, fitted with a stock that is specially designed so as to be readily detachable, or to operate on a swivel, folding or telescopic basis.

12 A firearm made up in the form of a stylographic or propelling pen or pencil, capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares.

13 A firearm capable of discharging by any means: (a) any irritant matter in liquid, powder, gas or chemical form, or (b) any pyrotechnic flare or dye. (c) (Repealed)

14 A firearm that: (a) substantially duplicates in appearance some other article (such as a walking stick, walking cane or key ring), and (b) disguises or conceals the fact that it is a firearm.

15 A cannon or other weapon by whatever name known of a type which will expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore in excess of 10 gauge, not being a firearm of the Very or rocket type designed and intended for use for life saving or distress signalling purposes, an antique muzzle loading firearm, or a rifle or shotgun manufactured before 1920.

16 Any firearm which, or part of which, has a dimension less than the minimum dimension prescribed for the firearm or part by the regulations.

17 (Repealed)

18 Any device known as a “powerhead” that can be attached to the end of a spear gun and that is designed to propel a projectile by means of an explosive.

sch 1: Am 1996 No 135, Sch 1 [68]; GG No 108 of 17.7.1998, p 5491; 2010 No 40, Sch 2 [11]; 2017 No 26, Sch 1 [58]; 2018 No 44, Sch 2.3 [2] [3].

Schedule 2 (Repealed)

sch 2: Rep 1999 No 85, Sch 4.

Schedule 3 Savings and transitional provisions

(Section 91)

Part 1 Preliminary

1 Savings and transitional regulations

(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and any Act that amends this Act.

(2)  Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later day.

(3)  To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on the enactment of this Act and the Firearms Amendment Act 1996

2 Definitions

In this Part:

existing licence means a licence:

(a)  that was issued under a provision of the former Act (being a provision that has been repealed by this Act), and

(b)  that was in force immediately before the provision was repealed.

existing permit means a permit:

(a)  that was issued under a provision of the Firearms Regulation 1990 (being a provision that has been repealed by this Act), and

(b)  that was in force immediately before the provision was repealed.

former Act means the Firearms Act 1989.

3 Amnesty concerning certain firearms that have become prohibited firearms (cf APMC 11)

(1)  This clause applies to the following kinds of prohibited firearms:

(a)  self-loading rimfire or centre-fire rifles,

(b)  self-loading or pump action shotguns,

(c)  such other prohibited firearms as may be prescribed by the regulations.

(2)  Subject to the regulations, any person who:

(a)  acquired a firearm to which this clause applies before the commencement of this clause, and

(b)  is not the holder of a licence or permit under this Act authorising the person to possess the firearm,

does not, during the period of 12 months starting on the commencement of this clause, commit an offence under section 7 of this Act in respect of the possession of that firearm.

(3)  However, nothing in this clause authorises any such person to use a firearm to which this clause applies without the authority of a licence.

4 Saving of existing licences

(1)  Subject to the regulations and to this clause, an existing licence that authorised the possession or use of a firearm:

(a)  is taken to be a licence of the corresponding kind (as determined by the Commissioner) issued under this Act, and

(b)  continues to authorise the possession or use of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).

(2)  Except as provided by subclauses (3) and (4), nothing in this clause authorises a person, under the authority of any such existing licence, to continue to use a prohibited firearm.

(3)  A person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category C licence applies.

(4)  A person referred to in paragraph (a) or (b) of the genuine reason of vertebrate pest animal control in the Table to section 12 of this Act may, during the 12 month period referred to in subclause (1) (b), continue to use (under the authority of an existing licence) a prohibited firearm of a kind to which a category D licence applies.

5 Saving of existing permits (other than permits under Prohibited Weapons Act 1989 )

Subject to the regulations, an existing permit:

(a)  is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and

(b)  continues, unless it is sooner surrendered or cancelled, in force for the unexpired portion (if any) of its term or until the end of the period of 12 months starting at the commencement of this clause (whichever is sooner).

6 Permits issued under the Prohibited Weapons Act 1989 in respect of prohibited firearms

(1)  Any permit issued under the Prohibited Weapons Act 1989 authorising the possession or use of a prohibited firearm and in force immediately before the commencement of this clause:

(a)  is taken to be a permit of the corresponding kind (as determined by the Commissioner) issued under this Act, and

(b)  continues to authorise the possession of the firearm in respect of which it was issued for the period of 12 months from the commencement of this clause (unless its term expires during that period or it is sooner surrendered or revoked in accordance with this Act).

(2)  However, nothing in this clause authorises the use of any such prohibited firearm.

7 Conditions of existing licences and permits

The conditions to which an existing licence or existing permit is subject are, subject to the regulations, taken to be conditions imposed by the Commissioner under this Act, and any such condition may be changed or revoked in accordance with this Act.

8 Requirements of applicants for certain licences

Subject to the regulations, an applicant for a licence under this Act who has passed a firearms safety awareness course or a firearms safety test approved under clause 79 of the Firearms Regulation 1990 (as in force immediately before the repeal of that clause by this Act), is not required to complete any firearms training and safety course (as referred to in section 11 (3) (b) of this Act) before being issued with the licence.

9 Applications

Any application made under a repealed provision of the former Act or the Firearms Regulation 1990 that was not finally determined before the repeal of the provision by this Act is cancelled and does not have any operation with respect to this Act.

10 Appeals

An appeal under Part 5 of the former Act that was pending immediately before the repeal of that Part by this Act is taken to have been made under Part 8 of this Act, except if it relates to a prohibited firearm.

11 Saving of current firearms prohibition orders

A firearms prohibition order that was made under section 39 of the former Act, and in force immediately before the repeal of that section by this Act, is taken to be a firearms prohibition order under this Act.

12 References to Firearms Act 1989

Except as provided by the regulations, a reference in any instrument (other than this Act or the regulations) to any provision of the Firearms Act 1989, or the Firearms Regulation 1990, is to be read as a reference to the corresponding provision of this Act, or the regulations made under this Act, respectively.

Part 3 Provisions consequent on enactment of Firearms Amendment (Trafficking) Act 2001

13 Close associates of firearms dealers

(1)  Section 17B extends to an application for a licence that was made, but not finally determined, before the commencement of that section.

(2)  Section 44 (1), as substituted by the Firearms Amendment (Trafficking) Act 2001, does not apply in respect of an application made before the commencement of that subsection.

(3)  Section 44 (2), as substituted by the Firearms Amendment (Trafficking) Act 2001, does not apply to the holder of a licence in force at the commencement of that subsection.

(4)  Section 44 (3) extends to the holder of a licence in force at the commencement of that subsection.

14 Nature of proceedings for offences

Section 84 (3) does not apply in respect of an offence committed before the commencement of that subsection.

15 Selling firearms on an ongoing basis

Section 51B does not apply in respect of a sale of a firearm that took place before the commencement of that section.

16 Amnesty concerning firearm frames and receivers

(1)  Subject to the regulations, a person who acquired a firearm frame or receiver before the commencement of this clause that is not registered under Part 3 (as applied by section 93) does not, during the period of 6 months starting on the commencement of this clause, commit an offence under section 36 by possessing, purchasing or selling the frame or receiver.

(2)  However, subclause (1) only operates in respect of the sale or purchase of an unregistered firearm frame or receiver if:

(a)  the person purchasing the frame or receiver is a licensed firearms dealer, or

(b)  the transaction has, in accordance with the regulations, been arranged through a licensed firearms dealer, or

(c)  in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available, the transaction is witnessed by a police officer authorised by the Commissioner.

(3)  A person who is the holder of a licence or permit and who applies, on or before the expiry of the 6-month period referred to in subclause (1), for the registration of a firearm frame or receiver does not commit an offence under section 36 in respect of the possession of an unregistered firearm frame or receiver that is capable of forming part of a firearm to which the licence or permit relates before the person is notified of the registration or refusal of registration of the firearm or receiver.

(4)  If, after the expiry of the 6-month period referred to in subclause (1), a person who applied for the registration of an unregistered firearm frame or receiver before the expiry of that period is notified that the application has been refused, the person must immediately surrender the frame or receiver to a police officer.

Maximum penalty (subclause (4)): 50 penalty units or imprisonment for 12 months, or both.

(5)  A person does not contravene any other provision of this Act just by surrendering a firearm frame or receiver in accordance with subclause (4).

Part 4 Provisions consequent on enactment of Firearms Amendment (Public Safety) Act 2002

17 Restrictions on issuing licences or permits

The amendments made by Schedule 1 [6] and [9] to the Firearms Amendment (Public Safety) Act 2002 extend to an application for a licence or permit made (but not yet determined) before the commencement of those amendments.

18 Existing firearms dealer licences

(1)  This clause applies to a firearms dealer licence that is due to expire on or before 31 December 2002.

(2)  Any such licence continues in force until 30 June 2003 unless it is sooner surrendered or revoked or otherwise ceases to be in force.

Part 5 Provisions consequent on enactment of Firearms Amendment (Prohibited Pistols) Act 2003

19 Existing category H licences issued for sport/target shooting purposes

(1)  A category H licence issued for the genuine reason of sport/target shooting and in force immediately before the commencement of this clause is taken to be a category H (sport/target shooting) licence.

(2)  Section 8 (as amended by the Firearms Amendment (Prohibited Pistols) Act 2003) extends to a category H licence in force immediately before the commencement of that amendment if the licence was issued for the genuine reason of sport/target shooting.

(3)  Without limiting subclause (1), if the holder of a category H licence issued for the genuine reason of sport/target shooting was, immediately before the commencement of this clause, authorised by that licence to possess and use a specialised target pistol within the meaning of section 16B, the holder is taken to have been issued with a special pistol licence (as referred to in that section) in respect of that pistol.

20 Existing firearms collector licences

Section 20 (b) (as amended by the Firearms Amendment (Prohibited Pistols) Act 2003) extends to a firearms collector licence in force immediately before the commencement of this clause.

21 Temporary amnesty for possession of prohibited pistols and post-1946 pistols

(1)  In this clause and in clause 22:

buyback period means the period referred to in section 78 (as substituted by the Firearms Amendment (Prohibited Pistols) Act 2003).

(2)  A person who is the holder of a category H (sport/target shooting) licence does not commit an offence under section 7 or 7A in respect of the possession of a prohibited pistol acquired by the person before the buyback period.

(3)  Subclause (2) ceases to have effect in relation to any such person once:

(a)  a police officer or other member of NSW Police makes a determination that the pistol is a prohibited pistol, or

(b)  the buyback period ends,

whichever occurs first.

(4)  Subject to the regulations, a person who is the holder of a firearms collector licence does not commit an offence under section 7 or 7A in respect of the possession of a post-1946 pistol acquired by the person before the buyback period.

(5)  Subclause (4) ceases to have effect at the end of the buyback period.

(6)  Nothing in this clause authorises a person to use a prohibited pistol or post-1946 pistol.

22 Temporary amnesty for possession of pistols fitted with magazines of more than 10 round capacity

(1)  This clause applies to a pistol fitted with a magazine that has a capacity of more than 10 rounds.

(2)  A person who is the holder of a category H (sport/target shooting) licence does not, during the buyback period, commit an offence under section 51E (as inserted by the Firearms Amendment (Prohibited Pistols) Act 2003) in respect of the possession of a pistol to which this clause applies that was acquired by the person before the buyback period.

(3)  Nothing in this clause authorises a person to use a pistol to which this clause applies.

Part 6 Provisions consequent on enactment of Firearms and Crimes Legislation Amendment (Public Safety) Act 2003

23 Operation of amendment to section 51B

For the purposes of section 51B (as amended by Schedule 2 [2] to the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003), a consecutive period of 12 months may include a period part of which occurs before the commencement of that amendment so long as that part period does not exceed 30 days.

Part 7 Provisions consequent on enactment of Firearms Amendment Act 2008

24 Theatrical armourers

(1)  In this clause:

existing permit means a theatrical armourer’s permit issued under the Firearms Regulation 2006 and in force immediately before the commencement of this clause.

(2)  An existing permit is taken to be a firearms dealer licence issued under this Act authorising the licence holder to carry on business as a theatrical armourer.

(3)  The conditions to which the existing permit was subject are taken to be conditions imposed on the firearms dealer licence concerned. Any such conditions may be varied or revoked in accordance with this Act.

(4)  Any such licence continues in force, unless it is sooner surrendered or revoked under this Act, for the remainder of the term for which the existing permit was issued.

Part 8 Provisions consequent on enactment of Weapons and Firearms Legislation Amendment Act 2010

25 Definition

In this Part, amending Act means the Weapons and Firearms Legislation Amendment Act 2010.

26 Existing permits for imitation firearms

A permit issued in respect of a prohibited weapon referred to in clause 3 (2) of Schedule 1 to the Weapons Prohibition Act 1998 (as in force immediately before the repeal of that subclause by the amending Act) is taken to be a permit issued in respect of an imitation firearm under this Act and continues in force (unless it is sooner suspended, revoked or otherwise ceases to be in force) for the remainder of the term for which it was issued.

27 Existing determinations of ammunition considered not commercially available

A determination by the Commissioner in respect of ammunition that is not commercially available and made under section 6A (as in force immediately before the substitution of that section by the amending Act) is taken to be a determination made under section 6A as so substituted.

Part 9 Provision consequent on enactment of Firearms and Criminal Groups Legislation Amendment Act 2013

28 Existing firearms prohibition orders

Part 7 of this Act (as substituted by the Firearms and Criminal Groups Legislation Amendment Act 2013) extends to a firearms prohibition order in force immediately before that substitution.

Part 10 Provisions consequent on enactment of Firearms and Weapons Legislation Amendment Act 2017

29 Definitions

In this Part:

category B shotgun means a lever action shotgun with a magazine capacity of no more than 5 rounds.

category D shotgun means a lever action shotgun with a magazine capacity of more than 5 rounds.

special category B licence means a special category B licence provided for by this Part.

30 Transitional arrangements for lever action shotguns

(1)  A person in whose name a lever action shotgun was registered immediately before the commencement of this clause and whose possession of the shotgun was authorised at that time by a category A licence (referred to in this Part as the person’s existing category A licence) is entitled to the benefit of the following transitional arrangements in respect of that particular shotgun but only while the shotgun remains registered in the name of the person:

(a)  if the person is not the holder of a category B licence, the person is deemed to be the holder of a special category B licence for the shotgun but only while the person’s existing category A licence (or any renewal of that licence) is in force,

(b)  if the shotgun is a category D shotgun and the person is not the holder of a category D licence but is the holder of a category B licence (including a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies.

(2)  A special category B licence is a licence that authorises a person to possess or use a lever action shotgun (and no other firearm) that was registered in the name of the person immediately before the commencement of this clause, but only for the purpose established as being the genuine reason for possessing or using a firearm for the purposes of the person’s existing category A licence (or any renewal of that licence) as in force from time to time.

(3)  However, a special category B licence does not authorise the licensee to possess or use a category D shotgun at any time when the person holds a category D licence that authorises the possession or use of the shotgun and that is not subject to any condition imposed by the Commissioner under section 19 (1).

(4)  A special category B licence that a person is deemed to hold is revoked if the person is granted a category B licence (not being a special category B licence) that authorises the possession or use of a lever action shotgun that the special category B licence applied to.

(5)  A permit issued before the commencement of this clause that authorises a person to acquire a shotgun does not authorise the person to acquire a lever action shotgun after the commencement of this clause unless the person is:

(a)  the holder of a category B licence (not being a special category B licence) in the case of acquisition of a category B shotgun, or

(b)  the holder of a category D licence in the case of acquisition of a category D shotgun but only if the category D licence will authorise the possession or use of the shotgun once acquired.

Note—

A category D licence may be subject to a limit on the number of firearms that the licensee is authorised to possess or use and so may not authorise the acquisition of another category D firearm.

Note—

A person has the benefit of the transitional arrangements of this clause only for the particular shotgun registered in the name of the person immediately before the commencement of this clause and only while the shotgun remains registered in the name of the person. A person loses the benefit of the transitional arrangements for a shotgun if it is supplied to another person or is lost, stolen or destroyed. The same principles apply to the transitional arrangements under clause 31 for a shotgun that a person has registered in their name in another jurisdiction immediately before the commencement of the interstate recategorisation amendments.

31 Inter-jurisdictional transitional arrangements for lever action shotguns

(1)  A resident of another State or Territory in whose name a lever action shotgun was registered under the interstate law immediately before the commencement of the interstate recategorisation amendments and whose possession of the shotgun was authorised at that time under the interstate law by an interstate category A licence is subject to the following provisions in respect of that particular shotgun:

(a)  sections 26 (Recognition of interstate licences for certain purposes) and 27 (Interstate residents moving to this State) apply to the person as if the firearms to which a category A or B licence issued in this State apply include the shotgun concerned but only while the shotgun remains registered in the name of the person under the interstate law,

(b)  if the shotgun is a category D shotgun and a category B licence is issued to the person under this Act (not being a special category B licence), the shotgun is deemed to be a firearm to which a category B licence held by the person applies but only while the shotgun remains registered in the name of the person under this Act,

(c)  a category B licence issued to the person under this Act does not apply to the shotgun (despite paragraph (b)) if a category D licence issued to the person under this Act applies to the shotgun.

(2)  Regulations under clause 1 may include provisions that are inconsistent with this clause.

(3)  In this clause:

interstate category A licence means a licence issued under the interstate law that is equivalent to a category A licence issued under this Act.

interstate law means the law in force in the State or Territory of which the person is a resident.

interstate recategorisation amendments means amendments made to the interstate law that resulted in interstate category A licences ceasing to apply to lever action shotguns.

32 Administrative arrangements for lever action shotgun owners

(1)  The Commissioner may issue a licence as a special category B licence to a person who is deemed to hold a special category B licence, with the licence to specify details of the shotgun (or each shotgun) for which it is issued.

(2)  The Commissioner may provide to a person a statement in writing certifying that a category B licence held by the person (including a special category B licence) is deemed under this Part to apply to a specified category D shotgun. The statement may be provided by being included in the category B licence concerned or separately.

(3)  The Commissioner may waive payment of any fee that would otherwise be payable in respect of the issue of a category B or category D licence to a person who has the benefit of any transitional arrangements under this Part.

33 Validity of permits for powerheads for spear fishing

(1)  The regulations are taken to have always been authorised to provide for the issue of a permit (a spear fishing powerhead permit) that authorised a person to possess and use a powerhead for the purposes of underwater spear fishing even if the person’s use of a powerhead for that purpose would have been unlawful under another Act.

(2)  The following provisions apply to a spear fishing powerhead permit issued or purporting to have been issued before the commencement of this clause:

(a)  the permit is validated to the extent of any invalidity arising from inconsistency between the regulations and another law,

(b)  the permit operated only for the purposes of this Act and did not authorise a contravention of any other law,

(c)  if the permit is in force immediately before the commencement of this clause it is revoked on the commencement of this clause.

sch 3: Am 1996 No 135, Sch 1 [69]–[76]; 2001 No 24, Sch 1 [25] [26]; 2002 No 47, Sch 1 [20] [21]; 2003 No 36, Sch 1 [28] [29]; 2003 No 85, Sch 5 [1]; 2003 No 92, Sch 2 [10] [11]; 2008 No 66, Sch 1 [13] [14]; 2010 No 40, Sch 2 [12] [13]; 2010 No 92, Sch 1 [8]; 2012 No 34, Sch 1 [4]; 2013 No 74, Sch 1 [44]; 2017 No 26, Sch 1 [59].