Firearms (General) Regulation 1997

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Firearms (General) Regulation 1997.

2 Commencement

This Regulation commences on 1 July 1997.

3 Definitions

(1)  In this Regulation:

approved means approved by the Commissioner from time to time.

existing licence means a licence:

(a)  that was issued under a provision of the Firearms Act 1989, and

(b)  that was in force immediately before 1 July 1997.

existing permit means a permit:

(a)  that was issued under a provision of the Firearms Regulation 1990, and

(b)  that was in force immediately before 1 July 1997.

government agency means a government department or public authority which holds a licence or permit, or in respect of which a licence or permit is held, authorising the possession of firearms by the department or authority for the purposes of business or employment.

paint-ball gun means a firearm that is capable of discharging by any means any article known as a “paint-ball”.

security guard means a person who:

(a)  is employed to carry on a security activity referred to in section 4 (b) of the Security Industry Act 1997, and

(b)  is the holder of a class 1A licence under that Act.

shooting range includes a moveable shooting range.

the Act means the Firearms Act 1996.

(2)  The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

cl 3: Am 29.5.1998.

4 Things declared not to be firearms

The following are declared not to be firearms for the purposes of the Act:

(a)  an explosive-powered tool within the meaning of the Construction Safety Act 1912,

(b)  a heavy bench-mounted rifle of an approved kind that is used for experimental purposes,

(c)  a tool designed to be used to split or break rock or concrete by means of the firing of an explosive cartridge, such as the tool known as the “Boulder Buster”,

(d)  an industrial tool designed to be used in the mining and steel industries to remove refractory material (eg slag) from kilns or for other similar purposes, such as the tool known as the “Slag Buster Kiln Gun”,

(e)  a captive bolt gun of the kind designed for use in an abattoir in the humane killing of livestock,

(f)  any piece of artillery manufactured before 1946:

(i)  that has been rendered permanently inoperable, and

(ii)  the breech, chamber and barrel of which have been permanently sealed, and

(iii)  that is on permanent display in a public place for memorial or commemorative purposes,

(f1)  cannon and field guns:

(i)  that have been constructed as pieces of military ordnance, and

(ii)  that have a calibre of more than 25 millimetres, and

(iii)  that have been rendered permanently inoperable, and

(iv)  the breech, chamber and barrel of which have been permanently sealed,

(g)  a firearm designed to be used for life saving or distress signalling purposes (such as line-throwing guns or the “Very” type of firearm),

(h)  a firearm designed to be used in film, television or theatrical productions for the purposes of breaking glass or ceramic articles and that is only capable of firing a projectile over a short range (such as the firearm known as the “Trunion” gun).

cl 4: Am 12.2.1999.

Part 2 Licences and permits—general provisions

5 Offences that disqualify applicants

For the purposes of sections 11 (5) (b) and 29 (3) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales:

(a)  Offences relating to firearms or weapons

An offence relating to the possession or use of a firearm, or any other weapon, committed under:

(i)  the law of any Australian jurisdiction, or

(ii)  the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(b)  Offences relating to prohibited drugs etc

An offence in respect of a prohibited plant or drug committed under:

(i)  the law of any Australian jurisdiction, or

(ii)  the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(c)  Offences involving violence

An offence committed under the law of any Australian or overseas jurisdiction:

(i)  involving the infliction (or attempted infliction) of actual bodily harm to another person, and

(ii)  in respect of which, either the convicted person has been sentenced to imprisonment for 28 days or more, or a penalty of $200 or more has been imposed on the person.

cl 5: Am 1999 No 94, Sch 4.112.

5A Restriction on authority conferred by category H licence

(1)  The genuine reason of business or employment does not, in relation to a category H licence or an application for such a licence, include business or employment that constitutes any other genuine reason.

Note—

Section 16 of the Act provides that a category H licence must not be issued unless the genuine reason established by the applicant is sport/target shooting, business or employment or firearms collection. The genuine reasons specified in section 12 of the Act are each mutually exclusive.

(2)  Accordingly, a category H licence issued to a person who has established business or employment as the genuine reason for being issued with the licence does not authorise the possession or use of a registered pistol for a purpose that is a genuine reason other than business or employment.

Note—

For example, the licensee is not authorised to use the pistol for the purposes of:

(a)  hunting (including the control or suppression of vermin or pest animals) or fishing, or

(b)  farming or grazing activities (including the destruction of diseased or injured animals).

cl 5A: Ins 3.12.2004.

6 Licence applications

(1)  For the purposes of section 10 (1) of the Act, the manner of making an application for a licence is by lodging an application in the approved form:

(a)  with the police officer in charge of the police station that is:

(i)  nearest to the place of residence of the applicant, or

(ii)  in the case of an application for a licence where the applicant proposes to establish business or employment as a genuine reason for being issued with the licence—nearest to the applicant’s relevant place of business or employment, or

(iii)  in the case of an application for a firearms dealer licence—nearest to the premises on which the applicant carries on or proposes to carry on the business of a firearms dealer, or

(b)  at such other place as may be approved.

(2)  An application for a licence must be lodged personally by the applicant or in such other manner as may be approved.

6A Term of licence

(1)  In making an application for a category A, B, C, D or H licence (other than a category D licence referred to in section 21 (2) of the Act or a probationary pistol licence) or for a firearms collector licence that is part of a composite licence as referred to in clause 84 (3), the applicant may apply for a licence that will be in force for a period of 2 years only.

(2)  For the purposes of section 21 (1) of the Act, the period of 2 years is prescribed in relation to any such licence.

cl 6A: Ins 2.4.2004. Am 25.6.2004.

7 Licence applicant’s understanding of requirements concerning firearm safety and storage

Before being issued with a licence, the applicant must prove to the Commissioner’s satisfaction:

(a)  that the applicant is aware of, and understands, the requirements of the Act concerning firearm safety and storage, and

(b)  that the applicant will, if issued with a licence, be able to comply with those requirements.

8 Fingerprinting of applicants to confirm identity in particular cases

(1)  The Commissioner may:

(a)  require an applicant for a licence or permit to consent to having his or her fingerprints taken by a police officer in order to confirm the applicant’s identity, and

(b)  refuse to issue the applicant with a licence or permit unless the applicant has been fingerprinted in accordance with any such requirement.

(2)  A requirement under subclause (1) may only be made if:

(a)  there is a reasonable doubt as to the applicant’s identity, and

(b)  proof of the applicant’s identity cannot be confirmed by any other means that are available in the circumstances.

(3)  The Commissioner is to ensure that any fingerprints that are obtained in accordance with a requirement under subclause (1), and any copies of them, are destroyed as soon as they are no longer needed in connection with the application to which they relate.

(4)  As soon as practicable after any fingerprints (or any copies of them) are destroyed in accordance with subclause (3), the Commissioner is to notify the applicant in writing that those fingerprints (and those copies, if any) have been destroyed.

9 Additional grounds for refusal of permit

(1)  The Commissioner may refuse to issue a permit unless the applicant has completed such firearms training and safety courses as the Commissioner considers to be appropriate in respect of the permit concerned.

(2)  The Commissioner may refuse to issue a permit if the applicant intends to possess or use the firearm for:

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

(b)  the protection of property.

(3)  The Commissioner must refuse to issue a permit authorising the possession or use of a registered pistol if the Commissioner is satisfied that the applicant intends to possess or use the pistol for the purposes of:

(a)  hunting (including the control or suppression of vermin or pest animals) or fishing, or

(b)  farming or grazing activities (including the destruction of diseased or injured animals).

(4)  However, subclause (3) does not apply in relation to an applicant if the Commissioner is satisfied, on production of such evidence as the Commissioner may require, that the applicant has a medical condition or disability that prevents the applicant from using a rifle or shotgun for the purposes referred to in that subclause.

cl 9: Am 3.12.2004.

10 Lost, stolen or destroyed licence or permit

A person to whom a licence or permit has been issued must, within 7 days after becoming aware that the licence or permit has been lost, stolen, destroyed, defaced or mutilated, notify the Commissioner in writing of that occurrence.

Maximum penalty: 20 penalty units.

11 Application for duplicate licence or permit

(1)  The Commissioner may, on being satisfied that a licence or permit has been lost, stolen, destroyed, defaced or mutilated, and after payment of the fee specified in clause 84 (1) (n), issue a duplicate licence or permit.

(2)  An application for a duplicate licence or permit may be made by lodging an application in the approved form (or in such other manner as may be approved) with the Firearms Registry, NSW Police Service (or at such other place as may be approved).

12 Licensee required to notify Commissioner if genuine reason ceases to exist

If a licensee’s genuine reason for possessing or using a firearm can no longer be established by the licensee, the licensee must, within 7 days of ceasing to have that genuine reason, notify the Commissioner in writing of that fact.

Maximum penalty: 50 penalty units.

13 Requirement to notify change of particulars other than address

(1)  The holder of a licence or permit must, if there is any change in a particular (eg the name of the holder) stated in the licence or permit:

(a)  notify the Commissioner in writing of the change within 7 days after the change occurs, and

(b)  if a replacement licence or permit is issued to the holder—surrender the original licence or permit at the police station nearest to the usual place of residence of the holder within 7 days after receiving the replacement licence or permit.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to a change in a licensee’s or permit holder’s place of residence.

Note—

Section 69 of the Firearms Act 1996 already requires the holder of a licence or permit to provide particulars of his or her change of address.

14 Requirement to notify Commissioner of address where firearms are kept

(1)  The holder of a licence or permit must, within 7 days of acquiring any firearm, notify the Commissioner in writing of:

(a)  the address of the premises on which the firearm is to be kept when not actually being used, and

(b)  the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.

Maximum penalty: 50 penalty units.

(2)  If there is any change in the address of the premises on which the holder of a licence or permit keeps any firearm, the holder of the licence or permit must, within 7 days after the change occurs, notify the Commissioner in writing of:

(a)  the address of the new premises on which the firearm is to be kept, and

(b)  the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.

Maximum penalty: 50 penalty units.

(3)  Subclause (2) does not affect any requirement under section 69 of the Act to notify the Commissioner of a change of address in relation to a place of residence.

cl 14: Subst 2003 No 92, Sch 3.2 [1].

15 Renewal of licence or permit

A licence or permit may be renewed by making an application, in accordance with the Act and this Regulation, for a new licence or permit (referred to in this Regulation as a subsequent licence or permit).

16 Pending application for subsequent licence or permit

If:

(a)  a person applies for a subsequent licence or permit before the term of the person’s current licence or permit expires (referred to in this clause as the old licence or permit), and

(b)  the application has not been dealt with by the time the old licence or permit expires,

the authority conferred by the old licence or permit continues until such time as the person is notified of the issue of, or refusal of, the subsequent licence or permit.

17 Revocation of licence—additional reasons

In accordance with section 24 (2) (d) of the Act, a licence may be revoked if the Commissioner considers that it is not in the public interest for the person to whom it is issued to continue to hold it.

18 Revocation of permit—additional reasons

(1)  In accordance with section 30 (4) (b) of the Act, a permit may be revoked if the Commissioner considers that it is not in the public interest for the person to whom it is issued to continue to hold it.

(2)  The Commissioner must revoke a permit if the Commissioner is satisfied that the person to whom it is issued no longer has a legitimate reason for possessing or using the firearm (or the ammunition) to which the permit relates.

19 Application for permit

(1)  For the purposes of section 30 (1) of the Act, the manner of making an application for a permit is by lodging an application in the approved form:

(a)  with the police officer in charge of a police station that is:

(i)  nearest to the place of residence of the applicant, or

(ii)  in the case of an application for a permit that relates to a person’s business or employment—nearest to the applicant’s relevant place of business or employment, or

(b)  at such other place as may be approved.

(2)  In the case of an applicant for a permit who is not a resident of Australia, the application may be sent by post to the Firearms Registry in Sydney.

(3)  An application for a permit must be lodged personally by the applicant or in such other manner as may be approved.

(4)  The Commissioner may refuse to issue a permit unless the applicant provides proof of his or her identity to the satisfaction of the Commissioner.

20 Photographs on permits

(1)  A permit must, if the Commissioner so determines in the case of any particular permit or class of permit, contain a recent photograph of the person to whom it is issued.

(2)  The photograph is to be obtained in accordance with arrangements determined by the Commissioner.

21 Term of permit

Except in the case of a minor’s firearms permit, a permit continues in force, unless it is sooner surrendered or revoked or otherwise ceases to be in force, from the date on which it is issued for a period of 5 years, or such shorter period as may be specified under the Act or this Regulation (or as may be determined by the Commissioner) for the permit.

22 Conditions of permit

(1)  A permit is subject:

(a)  to such conditions as the Commissioner thinks fit to impose and as are specified in the permit, and

(b)  to such conditions as may be specified in this Regulation in relation to the permit.

(2)  Without limiting the conditions to which a permit may be subject, a permit may be subject to such conditions concerning the safe storage of the firearm to which the permit relates as may be determined by the Commissioner.

(3)  All permits are subject to the condition that they cannot be transferred to another person.

23 Recognition of interstate licences—additional purposes

(1)  For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category A or category B licence is authorised to possess and use a firearm of the relevant kind without the authority of a licence under the Act, but for the following purposes only:

(a)  recreational hunting/vermin control,

(b)  vertebrate pest animal control,

(c)  practising in connection with an approved shooting competition referred to in section 26 (1) of the Act,

(d)  taking fish for sale in accordance with the Fisheries Management Act 1994.

(2)  For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category H licence is authorised to possess and use a firearm of the relevant kind without the authority of a licence under the Act, but for the purpose only of practising in connection with an approved shooting competition referred to in section 26 (1) of the Act.

(3)  For the purposes of section 26 (1) of the Act, an interstate resident who is the holder of the equivalent of a category A, category B or category H licence is authorised to possess, but not use, a firearm of the relevant kind without the authority of a licence under the Act, but only so as to authorise possession of the firearm:

(a)  after buying it from a licensed firearms dealer in New South Wales, or

(b)  while travelling through New South Wales, or

(c)  while taking it to a licensed firearms dealer in New South Wales for the purposes of selling the firearm or having it repaired or serviced.

(4)  For the purposes of section 26 (1) of the Act, an interstate resident who:

(a)  is licensed, under the law of the other State or Territory in which he or she resides, to carry on security activities referred to in section 4 (b) of the Security Industry Act 1997, and

(b)  is authorised to possess and use a pistol or shotgun under the law of that other State or Territory for the purposes of business or employment,

is authorised to possess and use the pistol or shotgun in New South Wales but only while carrying on those security activities.

(5)  For the purposes of this clause, a firearm is of the relevant kind if it is one to which the corresponding category A, category B or category H licence applies.

cl 23: Am 29.5.1998; 12.2.1999.

24 Licences or permits held by government agencies and their employees

(1)  If a licence or permit is held by a government agency authorising the agency to possess firearms, and persons who are authorised by separate licences or permits to possess or use firearms for business or employment purposes are employed in or by the agency, the agency (or its chief executive officer) must:

(a)  except as provided by this clause, keep in safe storage all firearms authorised to be possessed by those employees when they are not on duty, and

(b)  in addition to the requirements set out in Part 4 of the Act, ensure that any firearm required to be kept in safe storage is secured in such a manner as would reasonably prevent its removal otherwise than by an authorised employee, and

(c)  must not allow any firearm in the agency’s possession (including any firearms that have been acquired by the agency) to be possessed or used by an employee who is not authorised to possess or use the firearm by a licence or permit issued to the employee, and

(d)  must notify the Commissioner in writing within 7 days if any employee (unless employed on a casual basis) who is the holder of a licence or permit authorising possession or use of a firearm ceases to be employed in or by the agency, and

(e)  ensure that each firearm in respect of which each employee holds a licence or permit is inspected once every 3 months by some competent person to ascertain its working condition, and

(f)  must cause each such firearm to be serviced at least once a year by an appropriately qualified person.

Maximum penalty (subclause (1)): 50 penalty units.

(2)  A person who is employed in or by a government agency must, at the end of any period of duty, return any firearm in the employee’s possession to his or her employer’s store of firearms unless the person is authorised to retain possession of the firearm in accordance with subclause (4).

Maximum penalty (subclause (2)): 50 penalty units.

(3)  A person does not commit an offence under subclause (2) if:

(a)  the person has not been on duty at his or her ordinary place of work, and

(b)  it was not reasonably practicable, for reasons of distance or public safety, to return the firearm to the employer’s store of firearms, and

(c)  it was not reasonably practicable in the circumstances for an authorisation under subclause (4) to be obtained (eg because the person was required to travel unexpectedly in connection with the person’s employment).

(4)  The Commissioner may authorise in writing any person who is employed in or by a government agency to retain possession of a firearm that the employee is authorised to possess between periods of duty as an employee.

(5)  The Commissioner must not authorise possession of a firearm between periods of duty unless the Commissioner is satisfied that:

(a)  it is not practicable in the circumstances for the employee to return the firearm to the employer’s store of firearms, and

(b)  the firearm will, as far as is reasonably practicable in the circumstances, be stored in accordance with the requirements of Part 4 of the Act.

(6)  An employee’s authorisation to retain possession of a firearm between periods of duty is subject to the following requirements:

(a)  the firearm must be carried by the employee when the employee is travelling to or from work or in the course of a work-related journey,

(b)  the firearm must be stored:

(i)  at the employee’s place of residence, or

(ii)  in accordance with approved arrangements that have been made by the government agency concerned,

(c)  the employee must, as far as is reasonably practicable in the circumstances, comply with the requirements of Part 4 of the Act,

(d)  the employee must permit a police officer to inspect, at any reasonable time, the premises where the firearm is kept.

(7)  An authorisation under this clause remains in force for such time as is specified in the authorisation unless it is sooner revoked by the Commissioner.

(8)  The Commissioner may revoke any such authorisation if the Commissioner is satisfied that:

(a)  the requirements of subclause (6) have not been complied with, or

(b)  it is in the public interest to do so.

(9)  In addition to the firearms safety training courses required in connection with an application for a licence or permit, any person who is employed in or by a government agency and who is authorised to possess or use a firearm for business or employment purposes must undertake, at such times as may be determined by the Commissioner, such continuing firearms safety training courses as may be approved.

Maximum penalty (subclause (9)): 20 penalty units.

(10)  The government agency that employs such a person (or in which the person is employed) must:

(a)  ensure that subclause (9) is complied with by any such employee, and

(b)  report to the Commissioner when those persons have completed the required training.

Maximum penalty (subclause (10)): 20 penalty units.

(11)  Clause 62 applies, in the same way as that clause applies to security guards, to any person:

(a)  who is employed in or by a government agency, and

(b)  who is authorised to possess or use a pistol for business or employment purposes,

while the person is carrying the pistol.

(12)  Clause 67 applies to a government agency in the same way as that clause applies to a person who employs security guards.

Part 3 Licences—additional provisions

25 Sport/target shooting

(1)  A licence that is issued for the purposes of sport/target shooting is subject to the condition that the licensee must, as a current member of an approved shooting club, comply with clause 81 (1) (a) or (b).

(2)  Subclause (1) does not limit the conditions to which any such licence may be subject.

26 Recreational hunting/vermin control—persons who are not members of approved hunting clubs

(1)  If an applicant for a licence (not being a member of an approved hunting club) proposes to establish recreational hunting/vermin control as a genuine reason for being issued with the licence and, in order to do so, is required to produce proof of the permission to shoot on rural land in accordance with section 12 of the Act, the applicant must produce with the application:

(a)  the permission in writing, or

(b)  a statutory declaration verifying that the permission has been given,

as evidence that the permission has been given.

(2)  During the term of a licence issued to an applicant referred to in this clause, the licensee may lawfully possess or use a firearm (as authorised by the licence) on land other than the land specified in respect of the application if:

(a)  the licensee has been given, and is able to produce, the written permission of the owner or occupier of that other land (or of an officer of the relevant agency concerned) to shoot on that other land, or

(b)  the licensee has been given permission, as verified by statutory declaration, by that owner, occupier or agency to shoot on that other land.

(3)  Any permission given in accordance with this clause (including any statutory declaration verifying that any such permission has been given) must describe the land to which the permission relates and the type of game to be shot.

27 Recreational hunting/vermin control—persons who are members of approved hunting clubs

(1)  A licence that is issued for the purposes of recreational hunting/vermin control to a member of an approved hunting club is subject to the condition that the licensee must, as a current member of the approved hunting club concerned, comply with clause 81 (1) (c).

(2)  Subclause (1) does not limit the conditions to which any such licence may be subject.

28 Members of approved hunting clubs—restriction on authority conferred by licence

If a licensee who is a member of an approved hunting club has established recreational hunting/vermin control as a genuine reason for being issued with the licence, the licence authorises the member to use a firearm:

(a)  while participating in shooting activities conducted by the approved hunting club—only on the land for which:

(i)  the club has been given, and is able to produce, the written permission of the owner or occupier (or of an officer of the relevant agency) to shoot the game described in the permission, or

(ii)  the club has been given permission, as verified by statutory declaration, by such owner, occupier or agency to shoot the game described in the statutory declaration, or

(b)  while participating in shooting activities other than those conducted by the approved hunting club—only on the land for which:

(i)  the licensee has been given, and is able to produce, the written permission of the owner or occupier (or of an officer of the relevant agency) to shoot the game described in the permission, or

(ii)  the licensee has been given permission, as verified by statutory declaration, by such owner, occupier or agency to shoot the game described in the statutory declaration.

29 Vertebrate pest animal control—prescribed government agencies

The following government agencies are prescribed for the purposes of the genuine reason of vertebrate pest animal control as referred to in section 12 of the Act:

•  Department of Agriculture

•  National Parks and Wildlife Service

•  a Rural Lands Protection Board

•  Wild Dog Destruction Board

•  Forestry Commission

30 Category C licence issued for clay target shooting purposes—required number of competitions

For the purposes of section 17A (6) of the Act, the prescribed number of clay target shooting competitions is 4.

31 Firearms collections

(1)  In accordance with section 8 (3) of the Act, the only type of licence which authorises a person to possess a firearm in respect of which the genuine reason of firearms collection has been established is a firearms collector licence.

(2)  Without limiting the conditions to which a firearms collector licence may be subject, any such licence is subject to the condition that the licensee must, as a current member of an approved collectors’ society or collectors’ club, comply with clause 81 (1) (d).

(3)  In accordance with section 20 (a) of the Act, a firearms collector licence is subject to the condition that any prohibited firearm (being a rifle to which a category D licence applies) that is part of the collection must be rendered permanently incapable of being fired in the following manner:

(a)  a bore diameter mild steel rod must be inserted into the barrel of the firearm extending for the full length of the barrel,

(b)  the steel rod must be fully welded to:

(i)  the muzzle and finished flush, and

(ii)  the chamber of the firearm (if applicable),

(c)  the barrel must be welded to the receiver to prevent the barrel from being removed,

(d)  the firing pin must be removed and the firing pin hole welded closed,

(e)  any internal springs or components that can be removed without detracting from the external appearance of the firearm must be removed,

(f)  any trigger of the firearm must be welded in a fixed position to prevent the trigger from working,

(g)  the internal components of the firearm must (if possible) be welded to prevent the firearm from working,

(h)  any bolts and external hammers must be welded in a fixed position,

(i)  any other mechanism or action in respect of the firearm must be welded in a closed position to prevent the firearm from working.

(4)  In accordance with section 20 (a) of the Act, a firearms collector licence is subject to the condition that any prohibited firearm (being a shotgun to which a category D licence applies) that is part of the collection must be rendered permanently incapable of being fired in the following manner:

(a)  a bore diameter mild steel rod must be inserted into the barrel of the firearm for a distance of 5 cm,

(b)  the steel rod must be welded flush to the muzzle,

(c)  a 5 cm long steel plug must be inserted into the chamber and fully welded flush,

(d)  the barrel must be welded to the receiver to prevent the barrel from being removed.

(4A)  Despite subclauses (3) and (4), any such prohibited firearm may be rendered permanently incapable of being fired by being sectionalised (that is, by milling away the external parts of the firearm to expose its internal mechanisms) in an approved manner.

(5)  For the purposes of subclauses (3) and (4), and in addition to the requirements of those subclauses:

(a)  any welding required to be done must:

(i)  be substantial and, wherever practicable, not be done by way of spot welding, and

(ii)  be done by way of gas metal arc, gas tungsten arc, manual arc electrode or gas fusion with steel wire, and

(b)  if a firearm has a component of a non-ferrous composition which cannot be satisfactorily welded but is required to be welded, that component may be glued and pinned to prevent it from working, and

(c)  the barrel of a firearm that is constructed of material unsuitable for welding may be plugged with a mild steel rod and welded by gas brazing or a similar method, and

(d)  any nipple of a firearm must be welded so that it is blocked.

(6)  For the purposes of section 20 (e) of the Act, the following standards are prescribed for the storage of firearms in a firearms collection:

(a)  any ammunition for any firearm (whether or not forming part of the collection) must not be kept in the area or room in which the firearms are stored,

(b)  the area or room in which the firearms are stored must be part of a permanent building with secure locks on all entrances,

(c)  the area or room must have solid walls that provide a substantial barrier to forced entry,

(d)  any window in the area or room must be covered by a security screen,

(e)  doors leading into the area or room must be made of solid material or be reinforced by steel,

(f)  each such door must be fitted with a “dead latch” type lock, or be fitted with a hasp/barrel bolt and padlock,

(g)  door hinges must be concealed or the hinge pins must be welded to prevent them from being punched out,

(h)  if the firearms are to be displayed outside of their locked containers at any time, the licence holder must be physically present in the area or room at that time.

(7)  The standards set out in subclause (6) are in addition to the requirements of Part 4 of the Act.

cl 31: Am 19.12.1997.

31A Practising at approved ranges

(1)  The authority conferred by a licence issued for the genuine reason of recreational hunting/vermin control, primary production, vertebrate pest animal control or animal welfare extends to the use of a firearm by the licensee at an approved shooting range, on such occasions as may reasonably be required, for the purposes of:

(a)  sighting in the firearm, which includes the sight alignment or tuning of the firearm, familiarisation with or testing of ammunition and practising on targets, or

(b)  in the case of a shotgun—patterning the shotgun, which includes the adjusting or aligning of the shotgun, familiarisation with or testing of ammunition and practising on stationary or moving clay targets.

(2)  Nothing in this clause authorises:

(a)  the holder of a licence referred to in this clause to participate in competitions or activities conducted by a shooting club that require the use of a firearm (except those activities referred to in subclause (1)), or

(b)  the use of a shooting range otherwise than in accordance with the approval of the shooting range, including any conditions subject to which the approval was granted.

(3)  It is a condition of the approval of a shooting range under Part 8 that the holder of a shooting range approval:

(a)  is to ensure that any person using the shooting range under this clause is supervised while doing so by a person appointed by the holder of the approval, and

(b)  is to cause the following information to be recorded:

(i)  the particulars of the licence of the person,

(ii)  the category and calibre of the firearm being used, and

(c)  is to make any such records available for inspection by a police officer or the Commissioner.

(4)  Subclause (3) extends to an approval in force as at the commencement of this clause.

cl 31A: Ins 2006 (401), Sch 1 [1].

Part 4 Firearms dealers—special provisions

32 Change of premises

(1)  The holder of a firearms dealer licence may apply to the Commissioner to change the premises to which the licence relates.

(2)  Any such application is to be made in the approved form and be accompanied by the fee specified in clause 84 (1) (q) for inspecting the new premises.

(3)  After taking into account the same relevant matters as would have to be considered in assessing an application for a firearms dealer licence, the Commissioner may approve or refuse the application.

(4)  A refusal may be made on any of the grounds on which an application for a firearms dealer licence may be refused.

(5)  If the application is approved, the Commissioner is to impose a new condition on the licence changing the premises at which the business is to be carried on.

33 Record of transactions to be sent to Commissioner

For the purposes of section 45 (1) (b) of the Act, each record required to be made and kept by a licensed firearms dealer under that section is to be sent to the Commissioner within 7 days of the record being made. A record can be sent by electronic means.

34 Additional restrictions on issuing firearms dealer licences

(1)  A firearms dealer licence that authorises a firearms dealer to carry on business at specified premises must not be issued unless the Commissioner is satisfied that:

(a)  the applicant is carrying on or proposes to carry on the business of a firearms dealer at those premises, and

(b)  those premises are suitable for carrying on the business of a firearms dealer.

(2)  In considering whether or not premises are suitable for such purposes, the Commissioner is to have regard to the following:

(a)  the nature of the activities proposed to be conducted on the premises,

(b)  the kinds of firearms to which the licence relates,

(c)  whether adequate provision has been made for the safe keeping of firearms by means of safes or strongrooms or otherwise,

(d)  the security of the premises against unauthorised entry,

(e)  in the case of a licence that authorises the testing of firearms on the premises—whether an efficient bullet recovery box or bullet stop is provided on the premises.

35 Inspection of certain firearms

(1)  The Commissioner may, by notice in writing served on a licensed firearms dealer, require the dealer to make all firearms that are in the possession of the dealer available for inspection by a police officer at the premises to which the licence relates.

(2)  A licensed firearms dealer must:

(a)  comply with any such requirement, and

(b)  pay the fee specified in clause 84 (1) (q) for the inspection.

Maximum penalty (subclause (2)): 20 penalty units.

36 Advertising by licensed firearms dealers

A licensed firearms dealer must, in any advertisement relating to the business of the firearms dealer that is displayed by or on behalf of the dealer, state or display the number of the firearms dealer’s licence.

Maximum penalty: 20 penalty units.

37 Notice of unidentified firearms or spare barrels

A licensed firearms dealer who acquires possession of a firearm, or a spare barrel that is capable of taking and discharging ammunition for that firearm, that is not numbered (or is not numbered clearly) must notify the Commissioner in writing of the possession of the firearm or spare barrel within 7 days of acquiring it.

Maximum penalty: 20 penalty units.

38 Authority conferred by firearms dealer licence—employees under 18

The authority conferred by a firearms dealer licence extends to an employee of the licensed firearms dealer despite the employee being under the age of 18 years, but only if:

(a)  the employee would otherwise be eligible to be issued with a licence, and

(b)  the employee has, in accordance with section 8 of the Act, been authorised in writing by the Commissioner to do the things that the licensed firearms dealer is authorised to do under the licence.

Part 5 Minor’s firearms permits—special provisions

39 Minor’s firearms permit—minimum age

For the purposes of section 32 (2) (a) of the Act, the age of 12 years is prescribed as the minimum age for the holder of a minor’s firearms permit.

39A Certain minors exempt from minimum age requirement

A person who:

(a)  is of or above the age of 10 years, and

(b)  was, immediately before the repeal of the Australian Rifle Club Regulations of the Commonwealth, a member of any Australian Rifle Club formed under those Regulations,

is exempt from the requirement under section 32 of the Act that an applicant for a minor’s firearms permit be of or above the age prescribed by clause 39.

cl 39A: Ins 12.2.1999.

40 Minor’s firearms permit—continuation of authority past 18th birthday

For the purposes of section 32 (8) of the Act, the period of 3 months is prescribed.

41 Existing minor’s firearms permit—transitional provision

(1)  In accordance with clause 5 of Schedule 3 to the Act, an existing minor’s firearms permit that is held by a person who is under the age of 12 years:

(a)  is, despite the person not being of or above the age of 12 years, taken to be a minor’s firearms permit issued under section 32 of the Act, and

(b)  continues, unless it is sooner surrendered or cancelled, until the person reaches the age of 12 years.

(2)  The holder of an existing minor’s firearms permit who is under the age of 12 years may apply for a minor’s firearms permit under section 32 of the Act, but the new permit does not come into force until the minor reaches the age of 12 years.

(3)  In this clause:

existing minor’s firearms permit means a permit issued under clause 51 or 52 of the Firearms Regulation 1990 and that was in force immediately before 1 July 1997.

42 Recognition of interstate minor’s firearms permits

(1)  This clause applies to any person who:

(a)  is of or above the age of 12 years (but is under the age of 18 years), and

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

(c)  is the holder of the equivalent of a minor’s firearms permit issued under the law in force in that other State or Territory.

(2)  A person to whom this clause applies is authorised to possess and use a firearm without the authority of a minor’s firearms permit under the Act, but only for the purposes of:

(a)  competing in an approved event, or

(b)  receiving safe instruction in the use of the firearm.

(3)  A person to whom this clause applies is not authorised to use a firearm unless the person is under the direct supervision of another person who is authorised to use that firearm.

42A Exemption relating to probationary pistol licences

Section 16A of the Act does not apply in relation to a person who:

(a)  has applied for a category H (sport/target shooting) licence, and

(b)  is the holder of a minor’s target pistol permit (as referred to in section 32 (4) of the Act) at the time of applying for the licence, and

(c)  has held the permit for a period of at least 12 months.

cl 42A: Ins 25.6.2004.

Part 6 Additional types of permits

43 Permit to purchase non-prohibited firearm on leaving Australia

(1)  The Commissioner may, on application by a person who is about to leave Australia, issue a permit authorising the person to purchase a firearm (other than a prohibited firearm).

(2)  The Commissioner must not issue a permit under this clause unless satisfied that the applicant is about to leave Australia.

(3)  A permit under this clause:

(a)  authorises the holder of the permit to purchase and possess, but not use, the firearm (other than a prohibited firearm) to which the permit relates, and

(b)  remains in force, unless sooner surrendered or revoked, until the expiration of 7 days from the date of its issue or the purchase of the firearm to which the permit relates, whichever first occurs.

44 Permit authorising possession of firearm as heirloom

(1)  The Commissioner may, on application by a person who has acquired a firearm as an heirloom, issue a permit authorising the person to possess the firearm.

(2)  The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that the firearm:

(a)  has been inherited by the applicant, and

(b)  has been rendered permanently inoperable.

(3)  A permit under this clause authorises the holder of the permit to possess, but not use, the firearm to which it relates.

(4)  A permit under this clause does not authorise the purchase of any ammunition.

(5)  The authority conferred by a permit under this clause applies only to a single firearm or to a matched pair of firearms.

(6)  The Commissioner must not issue a permit under this clause to a person who is already the holder of such a permit.

45 Firearms museum permit

(1)  The Commissioner may, on application by a person on behalf of a public museum containing a collection of firearms, issue a permit authorising the possession of those firearms by any person who is employed in, or who is otherwise engaged in the operation of, the public museum.

(2)  A permit under this clause authorises any such person to possess the firearms to which the permit applies, but only while on the premises of the public museum or for purposes reasonably connected with the operation of the public museum.

(3)  The Commissioner must not issue a permit under this clause unless the applicant can demonstrate that the collection of firearms contained in the public museum has a genuine commemorative, historical, thematic or financial value.

(4)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the following conditions:

(a)  that any firearm that is part of the collection must (unless the Commissioner approves of special arrangements that permit the technology or functioning of the firearm to be demonstrated when it is on display) be rendered temporarily inoperable:

(i)  by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container that is of an approved type, or

(ii)  by using a trigger lock of an approved type,

(b)  that the person in charge of the public museum concerned must, in accordance with such arrangements as are agreed on by the person and the Commissioner, permit inspection by a police officer (or such other person as may be approved) of the museum, the firearms in the collection and the facilities for the storing and safe keeping of those firearms,

(c)  such conditions as may be imposed by the Commissioner concerning the security of the public museum and the storage of the firearms in the collection.

(5)  Any special arrangements approved under subclause (4) (a) do not operate so as to allow the actual firing of the firearm concerned.

(6)  In this clause:

public museum means a non-profit making institution that:

(a)  has a written constitution that states the museum’s charter, goals and policies, and

(b)  has a stated acquisition policy, and

(c)  acquires, conserves and exhibits objects of scientific or historical interest for the purposes of study, education and public enjoyment, and

(d)  is sufficiently financed to enable the conduct and development of the museum, and

(e)  has adequate premises to fulfil its basic functions of collection, research, storage, conservation, education and display, and

(f)  is regularly open to the public.

46 Permit for firearms used in film, television or theatrical production

(1)  The Commissioner may, on application by a person on behalf of a film, television or theatrical production that will involve firearms, issue the person with a permit in connection with the production.

(2)  A permit issued under this clause authorises the permit holder to possess and use the firearms to which the permit relates, but only in connection with the production concerned.

(3)  The authority conferred by a permit issued under this clause also authorises any other person directly involved in the production who:

(a)  has been nominated by the permit holder, and

(b)  is eligible to be issued with a permit, and

(c)  is authorised in writing by the Commissioner,

to possess and use a firearm to which the permit relates for the purposes of the production concerned, but only while under the direct supervision of the permit holder.

(4)  The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that:

(a)  the production concerned requires the possession or use of the firearms for which the permit is sought, and

(b)  the applicant has adequate training in relation to the security and safe handling of the firearms, and

(c)  the applicant’s main duty in connection with the production concerned is that of controlling, and being responsible for the security and safe handling of, the firearms, and

(d)  adequate security will be maintained over the firearms at all times, and

(e)  the permit holder will supervise all handling of the firearms by those persons authorised under subclause (3).

(5)  Any firearm to which a permit under this clause relates:

(a)  must be maintained in a safe condition, and

(b)  must be certified, by the holder of a theatrical armourer’s permit who is proficient in firearms modification, as being a firearm the chamber of which has been modified to prevent it from accepting live ammunition.

(6)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the condition that only blank fire ammunition may be used with any firearm to which the permit relates.

(7)  The permit holder must:

(a)  keep in the approved form a register in which particulars of the following matters are kept:

(i)  the types, and registration numbers, of firearms authorised under the permit,

(ii)  the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,

(iii)  the periods for which any firearm was removed from safe storage, and

(b)  ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and

(c)  ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and

(d)  if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.

Maximum penalty: 50 penalty units.

Note—

A producer intending to involve firearms in a production may either:

(a)  appoint a person to control, and be responsible for the security and safe handling of, the firearms concerned (which person must then obtain a permit under this clause), or

(b)  employ the holder of a theatrical armourer’s permit under clause 47 to instruct and supervise the actors and other persons associated with the production in the possession and use of the firearms concerned.

cl 46: Subst 12.2.1999.

47 Theatrical armourer’s permit

(1)  The Commissioner may, on application by a person who carries on, or proposes to carry on, business as a theatrical armourer, issue a permit authorising the person (and any authorised employee of the person) to possess, manufacture, buy, sell, transfer, supply and use firearms (and blank fire ammunition for those firearms) for the purposes of film, television or theatrical productions.

(1A)  A permit under this clause also:

(a)  authorises the holder of the permit (and any authorised employee of the holder) to instruct and supervise actors and other persons involved in a film, television or theatrical production in the possession and use of firearms for the purposes of the production, and

(b)  authorises the actors and other persons involved in the production to possess and use the firearms, but only while under the supervision and control of the holder of the permit (or of any authorised employee of the holder).

(2)  Without limiting the conditions to which a theatrical armourer’s permit may be subject, any such permit is subject to the following conditions:

(a)  any firearm to which the permit relates must be maintained in a safe working condition,

(b)  the holder of the permit must comply with any requirements (as determined by the Commissioner) in relation to the safe keeping of the firearms to which the permit relates,

(c)  the holder of the permit must ensure that any employee who is authorised by the permit to possess or use a firearm to which the permit relates is properly trained in the safe handling of firearms and is suitably qualified to carry out the functions of a theatrical armourer.

(3)  The permit holder must, while acting under the authority conferred by subclause (1A):

(a)  keep in the approved form a register in which particulars of the following matters are kept:

(i)  the types, and registration numbers, of firearms authorised under the permit,

(ii)  the name of each person authorised to possess and use any such firearm, and the periods for which each such person had possession or use of the firearm,

(iii)  the periods for which any firearm was removed from safe storage, and

(b)  ensure that the register is kept in a place of safe keeping (not being a place in which any firearms are kept), and

(c)  ensure that each entry that is made in the register is maintained for not less than 3 years after it is made, and

(d)  if requested to do so by a police officer at any time, immediately produce the register to the officer and allow the officer to inspect, and make copies of any entry contained in, the register.

Maximum penalty: 50 penalty units.

(4)  In this clause, authorised employee means a person who:

(a)  is an employee of the theatrical armourer concerned, and

(b)  is eligible to be issued with a permit, and

(c)  is authorised in writing by the Commissioner.

cl 47: Am 12.2.1999.

48 International (temporary) visitors permits—competitions

(1)  The Commissioner may, on application by or on behalf of a person:

(a)  who is not a resident of Australia, and

(b)  who is visiting, or who is intending to visit, New South Wales for the purpose of competing in a competition involving firearms,

issue a permit authorising the person to possess and use a firearm for that purpose.

(2)  A permit under this clause may be issued to a person before the person arrives in New South Wales.

(3)  In addition to meeting the requirements of clause 19, an application for a permit under this clause lodged or posted after the commencement of the Firearms (General) Amendment (Miscellaneous) Regulation 1999 must contain the following details:

(a)  the applicant’s name, date of birth and home address in the country in which the applicant ordinarily resides,

(b)  the applicant’s passport number, country of issue and date of expiry,

(c)  the number of the applicant’s visa (if any) and date of expiry,

(d)  the number of the applicant’s firearms licence (if any), its country of issue and date of expiry,

(e)  if the applicant is not the holder of a firearms licence—a certificate signed by a competent authority in the applicant’s country of residence to the effect that the applicant is lawfully entitled to possess, carry and use in that country the type of firearm for which the permit is sought,

(f)  the make, model, calibre, action and serial number of the firearm for which the permit is sought,

(g)  if the applicant intends to import more than one firearm into Australia—details of the special need for the additional firearm,

(h)  the dates and locations of the competitions in Australia in which the permit holder intends to participate,

(i)  the intended period of the applicant’s stay in Australia.

(4)  A permit under this clause cannot authorise the possession or use of any prohibited firearm (other than a paint-ball gun, or a self-loading or pump action shotgun used in clay target shooting competitions).

(5)  A permit under this clause authorises the holder of the permit to possess and use the firearm to which it relates only for the purposes of competing in the competition and for related purposes that are connected with the competition.

(6)  A permit under this clause continues in force (unless it is sooner surrendered or revoked) from the date on which it is issued for a period of 3 months.

(7)  However, the Commissioner may, at any time before 1 October 2000, issue a permit for a period exceeding 3 months if, in the opinion of the Commissioner, there are reasonable grounds to do so. Such a permit expires automatically (unless sooner surrendered or revoked) on 31 December 2000.

cl 48: Am 12.2.1999; 17.12.1999.

48A International visitors—exemption for those holding international (temporary) visitors permits issued interstate

A person referred to in clause 48 (1) who is the holder of a permit issued and in force under the law in force in another State or a Territory, being a permit of the kind referred to in clause 48, is exempt from the requirement under the Act to hold a licence or permit authorising possession or use of the firearm to which the permit relates, but only for the purpose of competing in New South Wales in a competition involving that firearm (and for related purposes that are connected with the competition).

cll 48A: Ins 12.2.1999.

49 Permit for tranquilliser firearms

(1)  The Commissioner may, on application by a person, issue a permit authorising the person (and any other person specified in the permit who would be eligible to be issued with a permit) to possess or use the tranquilliser firearm to which the permit relates.

(2)  The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that the possession or use of the tranquilliser firearm to which the permit relates is a necessary part of the occupation of the person or persons who will be authorised to possess or use it.

(3)  A permit under this clause authorises the holder of the permit (or such other person specified in the permit) to possess and use the tranquilliser firearm only in the normal course of the person’s occupation.

(4)  In this clause:

tranquilliser firearm means a firearm designed for use in tranquillising, immobilising or administering vaccines or other medicines to animals.

50 Permit to conduct paint-ball games

(1)  The Commissioner may, on application by a person, issue a permit authorising the person (the operator):

(a)  to conduct organised activities involving the use of paint-ball guns, and

(b)  to possess paint-ball guns for the purposes of enabling other persons to participate in those activities.

(2)  The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that those activities will be conducted with proper regard to the preservation of public safety.

(3)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the following conditions:

(a)  such conditions as may be imposed by the Commissioner concerning the safe keeping of paint-ball guns,

(b)  that the operator must permit the inspection at any time of the premises specified in the permit by a police officer (or such other person as may be approved).

(4)  The operator is authorised to conduct activities involving the use of paint-ball guns, and to possess paint-ball guns, but only on the premises specified in the permit.

(5)  A person (other than the operator) who possesses or uses a paint-ball gun on the premises specified in a permit under this clause is not required to hold a licence or permit authorising the possession or use of the paint-ball gun.

(6)  The exemption provided by subclause (5) only applies while the person is in possession of, or while the person is using, the paint-ball gun on the premises specified in a permit under this clause.

(7)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the condition that the operator must not allow a person to use a paint-ball gun (other than a paint-ball gun provided by the operator) on the premises specified in the permit unless the operator has seen the person’s permit under clause 51 authorising the person to possess the paint-ball gun.

51 Permit authorising possession of paint-ball guns

(1)  The Commissioner may, on application by a person, issue a permit authorising the person to possess a paint-ball gun otherwise than on premises specified in a permit under clause 50.

(2)  A permit under this clause authorises the person to whom it is issued to possess a paint-ball gun, but does not authorise the use of a paint-ball gun except on premises specified in a permit under clause 50.

(3)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to such conditions as may be specified in the permit with respect to the safe keeping and storage of a paint-ball gun to which the permit relates.

52 Permit to operate safari tours involving firearms

(1)  The Commissioner may, on application by a person, issue a permit authorising the person:

(a)  to conduct organised safari tours that involve firearms to which a category A or category B licence applies, and

(b)  to possess and use those firearms for the purposes of any such organised safari tour.

(2)  A permit under this clause cannot authorise the possession or use of any firearm other than firearms to which a category A or category B licence applies.

(3)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the condition that the permit holder must obtain the permission of the owner of any land on which hunting activities are proposed to be carried out under the authority of the permit before those activities are carried out.

53 Permit authorising overseas persons to participate in organised safari tours or other hunting activities

(1)  The Commissioner may, on application by or on behalf of a person:

(a)  who is not a resident of Australia, and

(b)  who is visiting, or who is intending to visit, New South Wales for the purpose of participating:

(i)  in a specified organised safari tour conducted by the holder of a permit under clause 52, or

(ii)  in hunting activities organised by an approved hunting club,

issue a permit authorising the person to possess and use a firearm to which a category A or category B licence applies for that purpose.

(2)  A permit under this clause may be issued to a person before the person arrives in New South Wales.

(3)  An application for a permit under this clause must demonstrate, to the Commissioner’s satisfaction, that the person to whom the application relates is authorised, under the law of the country in which the person ordinarily resides, to possess and use firearms to which a category A or category B licence applies.

(4)  A permit under this clause authorises the holder of the permit to possess and use firearms to which a category A or category B licence applies, but only in connection with:

(a)  the organised safari tour specified in the permit, or

(b)  the organised hunting activities of the approved hunting club concerned.

54 Permit for non-prohibited firearms used in historical re-enactments

(1)  The Commissioner may, on application by a person who is the holder of a licence, issue a permit authorising the person to use any firearm:

(a)  that is not a prohibited firearm, and

(b)  that the person is authorised to possess under the licence,

for the purposes of participating in a historical re-enactment involving firearms.

(2)  A permit under this clause authorises the holder of the permit to use the firearm to which the permit relates but only for the purposes of participating in a historical re-enactment involving firearms.

(3)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to the condition that only blank fire ammunition may be used with the firearm to which the permit relates.

54A Permit for certain cannon

(1)  The Commissioner may, on application by a person, issue a permit authorising the person to possess and use a muzzle-loading black powder cannon.

(2)  The Commissioner is not to issue a permit under this clause unless the Commissioner is satisfied that the applicant for the permit is a member of an historical society or club whose purpose includes the preservation and demonstration of historical weapons.

(3)  A permit under this clause authorises the holder of the permit to possess and use, on behalf of the historical society or club concerned, a muzzle-loading black powder cannon but only for the purposes of preserving and displaying it and of demonstrating its use.

(4)  Without limiting the conditions to which a permit under this clause may be subject, any such permit is subject to such conditions as may be prescribed in the permit with respect to the use and safekeeping of a cannon to which the permit relates.

cll 54A: Ins 12.2.1999.

55 Permit for powerheads

(1)  The Commissioner may, on application by a person, issue a permit authorising the person to possess and use a powerhead for the purposes of underwater spear fishing.

(2)  A permit under this clause authorises the holder of the permit to possess and use a powerhead but only for the purposes of underwater spear fishing.

(3)  In this clause:

powerhead means a device that:

(a)  is capable of propelling a projectile by means of an explosive, and

(b)  is designed to be attached to the end of a spear gun for use in underwater spear fishing.

56 Permit for starting pistols

(1)  The Commissioner may, on application by a person, issue a permit authorising the person to possess and use a starting pistol for the purposes of a sporting event.

(2)  A permit under this clause authorises the holder to possess and use a starting pistol for the purposes of a sporting event specified in the permit.

(3)  In this clause:

starting pistol means a pistol that uses blank fire ammunition only.

57 Arms fair permit

(1)  The Commissioner may, on application by a licensed firearms dealer, issue a permit authorising the firearms dealer to use premises specified in the permit for the purposes of an arms fair.

(2)  The Commissioner must not issue a permit under this clause unless the Commissioner is satisfied that the premises are suitable to be used for an arms fair. In considering whether or not premises are suitable for an arms fair, the Commissioner is to have regard to the following:

(a)  the nature of the activities proposed to be conducted on the premises,

(b)  the kinds of firearms and other articles involved,

(c)  whether adequate provision has been made for the safe keeping of firearms by means of safes or strongrooms or otherwise,

(d)  the security of the premises against unauthorised entry.

(3)  A permit under this clause is to specify the time when the authority conferred by the permit commences and the time when it ends.

(4)  A permit under this clause authorises the holder to conduct an arms fair in accordance with the authority conferred by the permit holder’s firearms dealer licence.

58 RSL display permit

(1)  The Commissioner may, on application by the secretary or other relevant office holder of:

(a)  the RSL, or

(b)  any club or association that is an affiliated member of the RSL,

issue a permit authorising the RSL, club or association to possess and display, on the premises or other location specified in the permit, a firearm or firearms of a kind that has or have been used as a weapon of war.

(2)  Without limiting the conditions to which an RSL display permit may be subject, any such permit is subject to the following conditions:

(a)  that any prohibited firearm subject to the permit must be rendered permanently inoperable in the same manner as a prohibited firearm that is subject to a firearms collector licence,

(b)  that any other firearm subject to the permit must be rendered temporarily inoperable by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container of an approved type, or by using a trigger lock of an approved type,

(c)  that all firearms subject to the permit must be displayed subject to such conditions concerning the security of the firearms as may be imposed by the Commissioner.

(3)  In this clause:

RSL means the Returned and Services League of Australia (New South Wales Branch).

(4)  Any permit issued under this clause and in force immediately before 1 July 2004 is taken to have been issued under this clause as amended by the Firearms (General) Amendment (Miscellaneous) Regulation 2004.

cl 58: Am 25.6.2004.

59 Ammunition collection permit

(1)  The Commissioner may, on application by a person, issue a permit authorising the person to buy or possess ammunition for the purpose of an ammunition collection.

(2)  A permit under this clause authorises the holder to buy and possess ammunition for the purpose of an ammunition collection only.

(3)  Without limiting the conditions to which a permit under this clause may be subject, a permit under this clause is subject to the following conditions:

(a)  any ammunition forming part of the collection must be rendered inert (other than any sporting or military ammunition of UN Hazard Classification Code 1.4.S up to 20 mm calibre),

(b)  the ammunition must not contain high explosive, smoke, chemical or lachrymatory properties or agents,

(c)  the ammunition must be safely stored in accordance with such directions as may be approved.

59A Permit for large calibre pistols used in specialised shooting competitions

(1)  This clause applies to any pistol with a calibre of more than .38 inch (but not more than .45 inch) but that is not otherwise a prohibited pistol.

(2)  The Commissioner may, on application by a person who is the holder of a category H (sport/target shooting) licence (other than a probationary pistol licence), issue a permit authorising the person to possess and use a pistol to which this clause applies for the purposes only of participating in a specialised shooting competition.

(3)  The Commissioner must not issue a permit to a person under this clause unless the pistol shooting club in respect of which the person’s genuine reason for having the category H (sport/target shooting) licence has been established has certified to the Commissioner that the pistol to which the permit relates is required by the person to participate in a specialised shooting competition.

(4)  In accordance with section 30 (3) of the Act, a permit under this clause:

(a)  is subject to such conditions as the Commissioner thinks fit to impose, and

(b)  remains in force for such period as the Commissioner determines at the time the permit is issued (unless it is sooner surrendered or revoked or otherwise ceases to be in force).

(5)  In this clause:

specialised shooting competition means a shooting competition involving any one of the following type of events:

(a)  metallic silhouette,

(b)  single action shooting.

cl 59A: Ins 2003 No 36, Sch 2 [1]. Am 26.9.2003.

Part 7 Security guards—special provisions

60A Definitions

In this Part:

armed security guard has the same meaning as in the Security Industry Act 1997.

security firm means the holder of master licence under the Security Industry Act 1997:

(a)  who is licensed under this Act to possess firearms for the genuine reason of business or employment, or

(b)  who employs armed security guards.

cl 60A: Ins 19.12.2003.

60 Restriction on authority conferred by licence issued to security guard

(1)  The authority conferred by a licence issued to an individual who is a security guard does not authorise the security guard to possess more than one firearm at any one time.

(2)  The authority conferred by a licence issued to a security guard does not authorise the security guard to possess or use a firearm other than a pistol or a shotgun.

(3)  Except where otherwise authorised by the Commissioner in writing, the authority conferred by a licence issued to a security guard does not authorise the security guard to possess or use:

(a)  a self-loading firearm with a calibre of more than .40 inch, or

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

cl 60: Am 19.12.2003.

61 Restrictions relating to ammunition and shotguns

(1)  A security guard must not, while in possession of a firearm, possess any ammunition other than the ammunition recommended by the manufacturer of the firearm as appropriate for the firearm and containing the manufacturer’s recommended explosive material load.

(2)  A security guard must not carry a shotgun except:

(a)  while on duty in an armoured car or similar vehicle, or

(b)  while on enclosed land before entering, or after leaving, an armoured car or similar vehicle.

Maximum penalty (subclauses (1) and (2)): 20 penalty units.

61A Special conditions on licence issued to armed security guard

(1)  It is a condition of a licence issued to an armed security guard for the genuine reason of business or employment that the holder of the licence must not:

(a)  apply for a permit to acquire a firearm for the reason of carrying on activities as a security guard, or

(b)  possess or use, in the holder’s capacity as an armed security guard, any firearm acquired by the holder for any other reason.

(2)  Nothing in subclause (1) prohibits an armed security guard from acquiring, possessing or using a firearm under the authority conferred by any other licence or permit held by that person.

cl 61A: Ins 19.12.2003.

61B Special requirements for safe keeping of firearms by security firms

(1)  For the purposes of section 41 (1) (d) of the Act the following requirements are prescribed in relation to the safe storage of firearms by security firms:

(a)  in the case of a security firm in possession of one, but not more than one, firearm:

(i)  the firearm must, while not being carried or used by a person authorised to possess or use the firearm, be:

(A)  stored in a safe of an approved type, and

(B)  fitted with a trigger or barrel lock which prevents the firearm from being discharged, and

(C)  secured individually on, or in, a locked device within the safe, and

(ii)  the safe must be fitted with an alarm of an approved type that is monitored off-site, and

(iii)  the premises on which the firearm is stored must have an intruder alarm and duress facilities which are monitored off-site and are of an approved type,

(b)  in the case of a security firm in possession of more than one but not more than 5 firearms:

(i)  any such firearm must, while not being carried or used by a person authorised to possess or use the firearm, be:

(A)  stored in a safe of an approved type which weighs at least 150kg, and

(B)  fitted with a trigger or barrel lock which prevents the firearm from being discharged, and

(C)  secured individually on, or in, a locked device within the safe, and

(ii)  the safe must be:

(A)  secured in an approved manner to or within brick or concrete floors or walls, and

(B)  fitted with an alarm of an approved type, that is monitored off-site and is separate from the alarm required under subparagraph (iii) (A), and

(C)  locked at all times except when distributing firearms, and

(iii)  the premises on which any such firearms are stored must:

(A)  have an intruder alarm and duress facilities which are monitored off-site and are of an approved type, and

(B)  not be premises that are used for a residential purpose,

(c)  in the case of a security firm in possession of more than 5 but not more than 15 firearms:

(i)  any such firearm must, while not being carried or used by a person authorised to possess or use the firearm, be:

(A)  stored in a safe of an approved type which weighs at least 500kg, and

(B)  fitted with a trigger or barrel lock which prevents the firearm from being discharged, and

(C)  secured individually on, or in, a locked device within the safe, and

(ii)  the safe must be:

(A)  secured in an approved manner to or within brick or concrete floor or walls, and

(B)  fitted with an alarm of an approved type, that is monitored off-site and is separate from the alarm required under subparagraph (iii) (A), and

(C)  locked at all times except when distributing firearms, and

(D)  fitted with 15 minute time delay locks, and

(iii)  the premises on which any such firearms are stored must:

(A)  have an intruder alarm and duress facilities which are monitored off-site and are of an approved type, and

(B)  not be premises which are used for a residential purpose,

(d)  in the case of a security firm in possession of more than 15 firearms:

(i)  any such firearm must, while not being carried or used by a person authorised to possess or use the firearm, be:

(A)  stored in a safe of an approved type or within a vault or control room of an approved type, and

(B)  fitted with a trigger or barrel lock which prevents the firearm from being discharged, and

(C)  secured individually on, or in, a locked device within the safe, and

(ii)  the safe in which any firearm is to be stored must be:

(A)  secured in an approved manner to or within brick or concrete floor or walls, and

(B)  fitted with an alarm of an approved type, that is monitored off-site, independent of the alarm required under subparagraph (iii) (A), and

(C)  locked at all times except when distributing firearms, and

(iii)  the premises on which any such firearms are stored must:

(A)  have intruder alarms and duress facilities which are monitored off-site and are of an approved type, and

(B)  be of an approved type, and

(C)  have 24 hour video surveillance of an approved type.

(2)  For avoidance of doubt, in this clause premises used for a residential purpose includes all structures within the curtilage of a building used for a residential purpose.

cl 61B: Ins 19.12.2003. Am 30.4.2004.

62 Safe carriage of pistols

A security guard must comply with the following requirements while carrying a pistol:

(a)  the pistol must be carried in a holster worn by the security guard,

(b)  the shape and size of the holster is to be consistent with, and suitable for, the shape and size of the pistol to be carried,

(c)  the holster, when worn in conjunction with a belt, must be secured firmly to the belt,

(d)  if the holstered pistol is concealed by clothing, the holster may be designed to allow free access to the pistol, but otherwise the holster must be designed with a thumb-break safety strap and with the trigger not exposed or alternatively with a complete covering flap so as to conceal the weapon from view,

(e)  any such holster worn by a security guard other than a holster with a complete covering flap must be of an approved type.

Maximum penalty: 20 penalty units.

63 Requirements for security guard employers

(1)  A person who employs security guards who are authorised to possess firearms must:

(a)  keep in safe storage all firearms authorised to be possessed by those security guards when they are not on duty, and

(b)  in addition to the requirements set out in Part 4 of the Act, ensure that any firearm required to be kept in safe storage is secured in such a manner as would reasonably prevent its removal otherwise than by the employer or an authorised employee.

(2)  A person who employs security guards must not allow any firearm in the person’s possession (including those firearms that have been acquired by the person in connection with the person’s business) to be possessed or used by an employee who is not authorised to possess or use the firearm by a licence.

(3)  A person who employs security guards must notify the Commissioner in writing if any employee (other than an employee who has been employed on a casual basis) who is the holder of a licence authorising possession or use of a firearm ceases to be employed by the person. The notice must be sent within 7 days of the employee ceasing to be so employed.

Maximum penalty (subclauses (1)–(3)): 50 penalty units.

(4)  Subclause (1) (a) does not apply to any firearm that is permitted to be retained by a security guard in accordance with clause 65 or 66.

64 Employees to return firearms after being on duty

(1)  A person who is employed as a security guard must, at the end of any period of duty, return any firearm in the person’s possession to his or her employer’s store of firearms unless the person is authorised to retain possession of the firearm in accordance with clause 65 or 66.

Maximum penalty: 50 penalty units.

(2)  A person does not commit an offence under subclause (1) if:

(a)  the person has not been on duty at his or her ordinary place of work, and

(b)  it was not reasonably practicable, for reasons of distance or public safety, to return the firearm to the employer’s store of firearms, and

(c)  it was not reasonably practicable in the circumstances for an authorisation under clause 65 or 66 to be obtained before the end of the period of duty (eg because the person was required to travel unexpectedly in connection with the person’s employment).

65 Arrangements for off-duty possession of pistols by employees

(1)  The Commissioner may authorise in writing any person who is employed as a security guard to retain possession, between periods of duty as a security guard, of any pistol that the person is authorised by a licence to possess.

(2)  The Commissioner must not authorise possession of a pistol between periods of duty unless the Commissioner is satisfied that:

(a)  it is not practicable in the circumstances for the employee to return the pistol to the employer’s store of firearms, and

(b)  the pistol will be stored in accordance with the requirements of Part 4 of the Act.

(3)  An employee’s authorisation to retain possession of a pistol between periods of duty is subject to the following requirements:

(a)  the pistol must be carried by the employee when the employee is travelling to or from work or in the course of a work-related journey,

(b)  the pistol must be stored at the employee’s place of residence,

(c)  the employee must comply with the requirements of Part 4 of the Act,

(d)  the employee must allow a police officer to inspect, at any reasonable time, the premises where the pistol is kept.

(4)  An authorisation under this clause remains in force for such time as is specified in the authorisation unless it is sooner revoked by the Commissioner.

(5)  The Commissioner may revoke any such authorisation if the Commissioner is satisfied that:

(a)  the requirements of subclause (3) have not been complied with, or

(b)  it is in the public interest to do so.

66 Temporary arrangements for off-duty possession of pistols by employees

(1)  If the Commissioner is satisfied that it is not reasonably practicable for a person who is employed as a security guard to comply with clause 64 (1):

(a)  because the person is required to work on a temporary basis at a place other than the person’s ordinary place of work, and

(b)  because of the distance between the other place of work and the employee’s place of residence,

the Commissioner may authorise in writing the person to retain possession, between periods of duty as a security guard, of any pistol that the person is authorised by a licence to possess.

(2)  An employee’s authorisation under this clause to retain possession of a pistol between periods of duty is, in addition to the requirements of section 39 of the Act, subject to the following requirements:

(a)  the pistol must be carried by the employee when the employee is travelling to or from work or in the course of a work-related journey,

(b)  the pistol must be stored in accordance with approved arrangements that have been made by the employer.

(3)  An authorisation under this clause may only be given on a temporary basis, and remains in force for the limited period as is specified in the authorisation (unless sooner revoked by the Commissioner).

(4)  The Commissioner may revoke an authorisation under this clause for such reason as the Commissioner thinks fit.

67 Registers to be kept by security guard employers

(1)  A person who employs security guards must keep in the approved form:

(a)  a register in which are kept particulars of the acquisition of firearms by, the servicing of firearms on behalf of, and of the disposal of firearms and ammunition by, the employer, and

(b)  a register in which are kept particulars of the names of each employee who is authorised by a licence to possess a firearm, and of the periods for which each such employee has possession of the firearm.

(2)  The employer must ensure that each register is maintained in a book of not less than 100 pages in the following manner:

(a)  the heading of each page is to be machine printed,

(b)  the pages are to be bound in a manner that will prevent any page being readily removed,

(c)  each page is to be machine numbered consecutively,

(d)  entries are to be made in black or blue ink and any alteration to an entry must be made by interlineation or striking out and not by erasure,

(e)  no page is to be extracted.

(3)  The employer must:

(a)  ensure that each register is kept in a place of safe keeping (not being a place in which any firearms are kept) at the place of business of the employer, and

(b)  ensure that each register is kept for not less than 3 years after its completion, and

(c)  ensure that an appropriate entry is made in the register referred to in subclause (1) (a) within 24 hours of the acquisition, servicing or disposal of a firearm, and

(d)  ensure that an appropriate entry is made in the register referred to in subclause (1) (b) when any firearm (and any ammunition for the firearm) is transferred from the employer’s store of firearms to the custody of an employee and when the firearm and ammunition is returned to the store of firearms, and

(e)  immediately produce, if requested to do so by a police officer at any time, any such register to the officer and permit the officer to inspect, and make copies of any entry contained in, the register.

Maximum penalty (subclauses (1)–(3)): 50 penalty units.

68 Maintenance of firearms

A person who employs security guards must:

(a)  ensure that each firearm in respect of which each security guard holds a licence is inspected once every 3 months by some competent person to ascertain its working condition, and

(b)  cause each such firearm to be serviced at least once a year by a licensed firearms dealer who is qualified to service the firearm concerned.

Maximum penalty: 20 penalty units.

69 Additional requirements relating to security guards

(1)  The Commissioner may refuse to issue a licence to a person who is employed as a security guard unless the person:

(a)  has completed, to the satisfaction of the Commissioner, an approved firearms safety test, and

(b)  produces the person’s class 1A licence under the Security Industry Act 1997.

(2)  In addition to the firearms safety training courses required in connection with an application for a licence, a security guard who possesses a firearm must undertake, at least once a year, such continuing firearms safety training courses as may be approved.

(3)  A person who employs security guards must:

(a)  ensure that subclause (2) is complied with by the persons employed as security guards by the employer, and

(b)  report to the Commissioner when those persons have completed the required training.

Maximum penalty (subclauses (2) and (3)): 20 penalty units.

cl 69: Am 29.5.1998.

69A Number of firearms to be held by security firms

(1)  The authority conferred by a licence issued to a security firm authorises the firm to use or possess only such number of firearms as, in the opinion of the Commissioner, are required to carry out the security activities of the security firm.

(2)  The Commissioner may require a security firm to provide information relating to the following:

(a)  the number of firearms owned by the security firm,

(b)  the number of armed security guards employed by the firm,

(c)  the security activities for which the firearms are used,

(d)  such other relevant information that is required in order for the Commissioner to form an opinion under this clause.

cl 69A: Ins 19.12.2003.

70 Phasing-in of requirement for security guards to be individually licensed

(1)  A person who is employed as a security guard is, during the period commencing on 1 July 1997 and ending on 31 December 1997, exempt from the requirement under the Act to hold a licence authorising the possession or use of a firearm (other than a prohibited firearm) that is used in the course of the person’s employment as a security guard, but only if the security guard was, as at 1 July 1997, employed by the holder of an existing licence under which the security guard was authorised to possess or use the firearm.

(2)  Except as provided by subclause (1), an existing licence held by a person who employs security guards (being an existing licence under which those employees were authorised to possess or use firearms) does not continue to authorise the possession or use of firearms by those security guards after 1 July 1997.

Part 8 Approval of shooting ranges

71 Offences relating to shooting ranges

(1)  A person must not:

(a)  operate a shooting range unless it is an approved shooting range, or

(b)  operate an approved shooting range in contravention of any condition to which the approval is subject, or

(c)  allow any other person to use a shooting range unless the shooting range is an approved shooting range.

(2)  A person must not use a firearm on a shooting range unless the range is an approved shooting range.

(3)  A person must not possess or use a firearm on an approved shooting range in contravention of any condition to which the approval is subject.

Maximum penalty (subclauses (1)–(3)): 50 penalty units.

72 Application for approval of shooting range

(1)  An application for approval by the Commissioner of a shooting range is made by lodging an application in the approved form, and which is accompanied by the fee specified in clause 84 (1) (p):

(a)  in the case of a fixed range—at the police station nearest to the proposed site of the range, or

(b)  in the case of a moveable range—at the police station nearest to the applicant’s usual place of residence, or

(c)  in the case of any application made by a person on behalf of a club or business, at the police station nearest to the club or place of business.

(2)  The Commissioner must not grant an approval unless:

(a)  the applicant is of good character and repute (including in the case of a corporation or a club, each director or office holder), and

(b)  the shooting range meets the standards accepted by the Commissioner, and

(c)  except in the case of a moveable range, the range is, in the opinion of the Commissioner, situated at a suitable location, and

(d)  the applicant has control over the use of the shooting range.

73 Approval of shooting range

(1)  The Commissioner may approve a shooting range either unconditionally or subject to such conditions as the Commissioner thinks fit (such as conditions relating to the control, administration, management, use and inspection by a police officer, or such other person as may be approved, of the shooting range, and the preservation of public safety).

(2)  An approval of a shooting range also confers, in the case of a moveable shooting range, approval to possess and use an air rifle, for the purpose of shooting at the shooting range, on a person who is not less than 18 years of age and who shoots at the shooting range under the personal supervision of the person having control for the time being of the shooting range.

(3)  The Commissioner may vary or revoke any conditions subject to which an approval has been granted or attach to any such approval additional conditions.

(4)  Any such variation, revocation or additional condition takes effect when written notice of it is served personally or by post on the person having control for the time being of the shooting range concerned.

(5)  An approval of a shooting range remains in force for a period of 3 years from the date of approval (or such shorter period as may be specified by the Commissioner when granting the approval) unless sooner revoked by the Commissioner.

74 Revocation of approval of shooting range

(1)  The Commissioner may revoke an approval of a shooting range for such reason as the Commissioner thinks fit.

(2)  Without limiting subclause (1), the Commissioner may revoke such an approval if:

(a)  the Commissioner is satisfied that the shooting range is not being conducted with proper regard to the preservation of public safety or the peace, or

(b)  the Commissioner is satisfied that any conditions to which the approval is subject have not been complied with, or

(c)  the person on whose behalf the approval was granted is convicted of:

(i)  an offence under the Act or this Regulation, or any previous firearms law of New South Wales, or

(ii)  an offence under the firearms law of any other jurisdiction (being an offence that, had it been committed in New South Wales, would be an offence under the law of New South Wales), or

(d)  the Commissioner becomes aware that the person on whose behalf the approval was granted has, within the period of 10 years before the approval was granted, been convicted of an offence referred to in paragraph (c).

(3)  Revocation of an approval of a shooting range takes effect when written notice of it is served personally or by post on the person having control for the time being of the shooting range concerned.

75 (Repealed)

cl 75: Rep 1998 No 48, Sch 2.7 [1].

76 Existing shooting range—transitional provision

(1)  Any shooting range that was approved by the Commissioner under clause 66 of the Firearms Regulation 1990, being an approval that was in force immediately before 1 July 1997, is taken to be an approved shooting range for the purposes of this Regulation. The approval of any such shooting range remains in force for a period of 3 years from 1 July 1997, unless it is sooner revoked by the Commissioner in accordance with this Part.

(2)  Any such shooting range may be inspected at any time by a police officer or other approved person.

76A Existing rifle ranges—transitional provision

(1)  A rifle range that, immediately before 12 February 1999, was used on a regular basis for rifle shooting conducted consistently with the safety template applicable to that rifle range by a rifle club that was:

(a)  formed under the Australian Rifle Club Regulations of the Commonwealth before the repeal of those Regulations, and

(b)  affiliated with the National Rifle Association of Australia Limited or with Target Rifle Australia Inc,

is taken to be an approved shooting range for the purposes of this Regulation.

(2)  The approval of any such shooting range under this clause commences on 12 February 1999 and remains in force for a period of 6 months from that date, unless it is sooner revoked by the Commissioner in accordance with this Part.

(3)  Any such shooting range may be inspected at any time by a police officer or other approved person.

(4)  In this clause, rifle range and safety template have the same meanings as they had in the Rifle Ranges (Safety Standards) Order of the Commonwealth, published in the Commonwealth of Australia Gazette on 12 February 1997, immediately before that Order ceased to have effect.

cl 76A: Ins 12.2.1999.

Part 9 Approval of clubs

77 Definitions

In this Part:

club means:

(a)  in relation to the genuine reason of sport/target shooting—a shooting club, or

(b)  in relation to the genuine reason of recreational hunting/vermin control—a hunting club, or

(c)  in relation to the genuine reason of firearms collection—a collectors’ society or collectors’ club,

that has been established for not less than 3 months.

pistol club means a shooting club that conducts or organises approved pistol shooting competitions.

cl 77: Am 2003 No 36, Sch 2 [2].

78 Approval of club

(1)  An application for the Commissioner’s approval of a club may be made by the secretary of the club (or other relevant office holder if there is no secretary) by lodging with the Commissioner an application in the approved form, together with:

(a)  a certificate given by the applicant in the approved form setting out the full name, date of birth and residential address of each member of the club, and

(b)  a copy of the rules of the club, and

(c)  such other information and documents as the Commissioner may require.

(2)  The Commissioner may:

(a)  grant the approval either unconditionally or subject to such conditions as the Commissioner thinks fit, or

(b)  refuse the application.

(3)  The Commissioner must not grant an approval unless:

(a)  the club concerned consists of 10 or more members, and

(b)  the club’s rules are appropriate in the Commissioner’s opinion, and

(c)  the Commissioner is satisfied that:

(i)  the club has a genuine and proper constitution, and

(ii)  the club will conduct its activities with proper regard to the preservation of public safety or the peace, and

(iii)  the club will conduct regular meetings and activities, and

(iv)  the club will maintain adequate public liability and member insurance, and

(d)  the club is affiliated with one of the following associations and the association concerned has recommended the granting of the approval:

•  National Rifle Association of Australia Limited

•  NSW Amateur Pistol Association Inc

•  NSW Clay Target Association Inc

•  NSW Small Bore and Air Rifle Association

•  NSW Muzzle Loading Association

•  Military Rifle Clubs Association Inc

•  Sporting Shooters Association

•  Shooting Sports Council of NSW Inc

•  Australian Deer Association

•  New South Wales Field and Game Association Inc

•  Antique Arms Collectors Society of Australia Co-operative Limited

•  Arms and Militaria Collectors’ Association of NSW

•  Game Management Council (Australia) Inc

•  NSW Shooting Association Limited

•  Illawarra Shooting Association

•  Federation of Hunting Clubs Incorporated

•  Australian Hunters International Inc

•  Victorian Field and Game Association Incorporated

•  Australian Clay Target Association Inc

•  Australian Sporting Clays

•  Target Rifle Australia Inc

•  NSW Rifle Association Inc

•  Air Rifle Association of Australia (Incorporated)

•  Arms Collectors Guild of NSW

•  any other approved peak firearms association that is based interstate

(4)  In considering whether to grant an approval, the Commissioner may have regard to any training activities undertaken by the club.

(5)  Despite clause 78 (3) (d), the Commissioner may grant an approval if the club concerned:

(a)  operates outside New South Wales, and

(b)  meets all the other criteria for approval under this clause.

cl 78: Am 19.12.1997; 8.5.1998; 12.2.1999; 16.8.2002.

79 Revocation of approval of club

(1)  The Commissioner may revoke an approval of a club for such reason as the Commissioner thinks fit.

(2)  Without limiting subclause (1), the Commissioner may revoke an approval if:

(a)  the Commissioner is satisfied that the number of active members of the club is less than 10, or

(b)  the Commissioner is satisfied that the club is not being conducted with proper regard to the preservation of public safety or the peace, or

(c)  the Commissioner is satisfied that any conditions to which the approval is subject have not been complied with, or

(d)  any member of the club is convicted of an offence under the Act or this Regulation, or any previous firearms law of New South Wales, or an offence under the firearms law of any other jurisdiction (being an offence that, had it been committed in New South Wales, would be an offence under the law of New South Wales), and the member has not been disqualified by the club as a member, or

(e)  the Commissioner becomes aware that any member of the club has, within the period of 10 years before the approval was granted, been convicted of an offence referred to in paragraph (d) and has not been disqualified by the club as a member.

(3)  The revocation of an approval of a club may be recommended to the Commissioner by the association in respect of which the club is affiliated.

(4)  Revocation of an approval takes effect when written notice of it is served personally or by post on the secretary or other relevant office holder of the club concerned.

80 Conditions of approval of club

(1)  The conditions of an approval of a club may relate to any of the following matters:

(a)  the control, administration or management of the club,

(b)  the membership of the club,

(c)  the preservation of public safety or the peace.

(2)  Without limiting subclause (1), the approval of a club is subject to the condition that the secretary or other relevant office holder of the club must:

(a)  submit, in the approved form, an annual return relating to club membership, and

(b)  certify in each annual return that each current club member has complied with the requirements specified in clause 81, and

(c)    (Repealed)

(d)  notify the Commissioner (within 14 days of the date of the change concerned) of the particulars of:

(i)  any change in the membership of the club that involves a member leaving the club or not renewing his or her membership, and

(ii)  any change in the personal details of a club member that has been notified to the secretary or other relevant office holder in accordance with clause 82.

(3)  The first annual return for an approved club is due no later than 12 months following the date on which the club is granted an approval. Each subsequent return is then due at 12 monthly intervals.

(4)  The Commissioner may:

(a)  vary or revoke any conditions subject to which an approval has been granted, or

(b)  attach to any approval additional conditions of the kind referred to in subclause (1).

(5)  Any such variation, revocation or additional condition takes effect when written notice of it is served personally or by post on the secretary or other relevant office holder of the club concerned.

cl 80: Am 12.2.1999; 2003 No 36, Sch 2 [3].

80A Special conditions relating to pistol clubs

Without limiting the conditions to which the approval of a pistol club may be subject, any such approval is subject to the following conditions:

(a)  the club must not admit a person (the applicant) as a member unless:

(i)  the applicant has submitted 2 character references from persons who are of or above the age of 18 and who have known the applicant for at least 2 years, and

(ii)  the secretary or other relevant office holder of the club is satisfied that the applicant has submitted the name of any other approved pistol club or shooting club of which the applicant is a member,

(b)  if the club cancels or suspends the membership of any member, the secretary or other relevant office holder must, within 7 days of the cancellation or suspension, notify the Commissioner that the person’s membership has been cancelled or suspended and advise the Commissioner of the reasons for the cancellation or suspension,

(c)  the club must ensure that a person whose category H (sport/target shooting) licence has been revoked or suspended does not, while the revocation or suspension remains in force, use a pistol on any shooting range or other premises of the club,

(d)  if the secretary or other relevant office holder of an approved pistol club is of the opinion that any person who is a member of the club, or who has applied to be a member of the club, may pose a threat to public safety (or a threat to the person’s own safety) if in possession of a firearm, the secretary or office holder must inform the Commissioner of that opinion.

cl 80A: Ins 2003 No 36, Sch 2 [4]. Am 26.9.2003.

80B Special conditions relating to collectors’ societies and clubs

Without limiting the conditions to which the approval of a collectors’ society or club may be subject, any such approval is subject to the following conditions:

(a)  if the society or club cancels or suspends the membership of any member who is the holder of a licence or permit, the secretary or other relevant office holder must, within 7 days of the cancellation or suspension, notify the Commissioner that the person’s membership has been cancelled or suspended and advise the Commissioner of the reasons for the cancellation or suspension,

(b)  if the secretary or other relevant office holder of the society or club is of the opinion that any person who is a member of the society or club, or who has applied to be a member of the society or club, is not a fit and proper person to be in possession of a firearm, the secretary or office holder must inform the Commissioner of that opinion.

cl 80B: Ins 2003 No 36, Sch 2 [4].

81 Participation requirements for club members

(1)  A person’s membership of an approved club is, if the person is the holder of a licence, subject to the following requirements:

(a)  in the case of an approved pistol club—the person must, over each period of 12 months that the licence is in force:

(i)  participate in at least 6 club organised competitive shooting matches that are held at the club’s shooting range, and

(ii)  for each different kind of pistol that the person possesses for different shooting events, undertake at least 4 club organised shoots,

(b)  in the case of any other approved shooting club—the person must, over any period of 12 months:

(i)  participate in no less than 4 shooting competitions conducted by any approved shooting club, or

(ii)  attend a shooting range, where any approved shooting club conducts shooting activities, on no less than 4 occasions over that period for shooting practice,

(c)  in the case of an approved hunting club—the person must, over any period of 12 months, participate in no less than 2 events (organised by any approved hunting club) involving hunting, shooting or firearms safety training,

(d)  in the case of any approved collectors’ society or approved collectors’ club—the person must attend the club’s annual general meeting (or at least one other meeting over any period of 12 months).

(1A)  For the purposes of subclause (1) (a):

(a)  a club organised competitive shooting match may be counted as a club organised shoot, and

(b)  participating in a club organised competitive shooting match includes officiating in such a match, and

(c)  a reference to a club organised shoot includes a reference to any training or target practice that is undertaken at the club’s shooting range, and

(d)  the different kinds of pistols are air pistols, rimfire pistols, centre-fire pistols and black powder pistols.

(2)  The failure of a person who is a member of an approved club to comply with the requirements under this clause is prescribed, for the purposes of section 24 (2) (d) of the Act, as a reason for which the Commissioner may revoke the person’s licence. However, the licence is not to be revoked if the person proves, to the Commissioner’s satisfaction, that compliance with the requirement was not reasonably practical in the circumstances.

cl 81: Am 12.2.1999; 2003 No 36, Sch 2 [5] [6]; 26.9.2003.

82 Club member must notify change in personal details

A person who is a member of an approved club must notify the secretary or other relevant office holder of the club in writing of any change in the personal details (such as change of name or address) of the person within 14 days of the date of the change.

Maximum penalty: 20 penalty units.

83 Disclosure of information by Commissioner

(1)  The Commissioner is, in relation to an application for membership of an approved club, authorised to disclose to the secretary or other relevant office holder of the club any information as to the following:

(a)  the pistols that are held by the applicant,

(b)  any other approved pistol club of which the applicant is a member,

(c)  any other information that, in the opinion of the Commissioner, is relevant to the person’s application for membership of the approved club.

(2)  In this clause:

approved club means an approved pistol club or an approved collectors’ society or club.

cl 83: Rep 1998 No 48, Sch 2.7 [2]. Ins 2003 No 36, Sch 2 [7].

Part 10 Fees

84 Fees

(1)  The following fees are payable for the matters to which they relate:

(a)  application fee for an initial or subsequent category A, B, C, D or H licence:

(i)  for a period of 2 years—$100, or

(ii)  for a period of 5 years—$200,

(b)  application fee for an initial firearms collector licence—$75,

(b1)  application fee for a subsequent firearms collector licence—$40,

(c)    (Repealed)

(c1)  application fee for a probationary pistol licence—$100,

(d)  application fee to add a licence category (other than a category H licence) or a firearms collector licence to a licence already held—$40,

(e)  application fee to add a category H licence to a licence already held—$100,

(f)  application fee for an initial or subsequent firearms dealer’s licence (other than a licence referred to in paragraph (g))—$500 for each premises to which the licence relates,

(g)  application fee for an initial or subsequent firearms dealer’s licence to be held by a club armourer—$100,

(h)  application for a permit under section 31 of the Act to acquire a firearm—$30,

(i)  application fee for an initial or subsequent theatrical armourer’s permit under clause 47—$500,

(j)  application fee for an initial or subsequent permit under clause 49 for tranquilliser firearm—$100,

(k)  application fee for an initial or subsequent permit under clause 50 to conduct paint-ball games—$500,

(l)  application fee for an initial or subsequent permit under clause 52 to operate safari tours involving firearms—$500,

(m)  application fee for any other type of permit—$75,

(n)  fee for a duplicate licence or permit—$75,

(o)  fee for registration of a firearm—$10,

(p)  application for approval of shooting range—$100,

(q)  fee for an inspection (whether of one or more firearms) as required under the Act or this Regulation (but only if carried out by a member of the Police Service)—$100,

(r)  authorisation by the Commissioner under section 8 of the Act of an eligible employee or director in relation to a firearms dealer licence—$25.

(2)  If an application is made to register a firearm acquired in accordance with a permit under section 31 of the Act to acquire a firearm, no fee is payable in respect of the application to register the firearm.

(3)  If more than one of the fees specified in subclause (1) would be payable for an application for a licence because the licence concerned is a composite licence, only one such fee is payable in respect of the application, and that fee is to be the highest of the fees so payable. A composite licence is a licence that authorises the licensee to possess firearms to which more than one category of licence apply.

(4)  The Commissioner may refuse to provide any service (such as the issuing of a licence or permit, or the carrying out of an inspection) for which a fee is specified under this clause until the fee has been paid for the service.

cl 84: Am 2003 No 36, Sch 2 [8]; 2.4.2004; 25.6.2004.

85 Exemption, waiver or refund of fees

(1)  The Commissioner may, for such reason as the Commissioner considers sufficient, waive or wholly or partly refund a fee that would otherwise be payable or has been paid.

(2)  A person who is a pensioner (within the meaning of paragraph (a) or (b) of the definition of pensioner in section 3 (1) of the Motor Vehicles Taxation Act 1988) is exempt from the requirement to pay:

(a)  an application fee for an initial or subsequent category A or B licence, and

(b)  a fee under clause 84 (1) (h) for a permit to acquire a firearm that is to be registered in the person’s name, and

(c)  a fee under clause 84 (1) (o) for the registration of any firearm that is to be registered in the person’s name.

(3)  A person whose occupation is the business of a primary producer, and who is the owner, lessee or manager of land used for primary production, is exempt from the requirement to pay:

(a)  any fee specified under clause 84 in respect of a licence (including any relevant fee for an inspection) if the person’s genuine reason for possessing or using the firearm authorised by the licence is that of primary production, and

(b)  a fee under clause 84 (1) (h) for a permit to acquire a firearm that is to be registered in the person’s name, and

(c)  a fee under clause 84 (1) (o) for the registration of any firearm that is to be registered in the person’s name.

(4)  A licensed firearms dealer is exempt from the requirement to pay a fee under clause 84 (1) (o) for the registration of any firearm that is to be registered in the dealer’s name.

Note—

A licensed firearms dealer is exempt from the requirement to obtain a permit to acquire a firearm (and consequently to pay any permit fee) because of section 50 of the Firearms Act 1996.

Part 10A Compensation for surrendering non-prohibited pistols and other items

pt 10A (cll 85A–85F): Ins 26.9.2003.

85A Definitions

In this Part:

accessory for a pistol means an accessory (such as a special holster) that is specific to the pistol and is directly related to participation in sport/target shooting, but does not include accessories such as gloves, caps, clothing, carry bags, safety glasses or other similar items.

buy-back period has the same meaning as in section 78 of the Act.

major part of a pistol means a firearm part that is designed to be used in (or as part of) the pistol.

Note—

The term firearm part is defined in section 4 (1) of the Act.

minor part of a pistol includes items such as springs, screws, pins or other minor components of the pistol.

pt 10A (cll 85A–85F): Ins 26.9.2003.

85B Licensed pistol shooters and dealers entitled to compensation for surrendering non-prohibited pistols

(1)  A person who is the holder of a category H (sport/target shooting) licence that was in force immediately before 1 October 2003 is entitled to be paid compensation by the State for each registered pistol (other than a prohibited pistol) that the person is authorised by the licence to possess if:

(a)  the person’s licence, and

(b)  each such registered pistol,

is surrendered to a police officer or other member of NSW Police during the buy-back period.

(2)  If, in accordance with subclause (1), a person:

(a)  surrenders the person’s category H (sport/target shooting) licence along with each registered pistol (other than a prohibited pistol) that the person is authorised to possess under the licence, and

(b)  receives compensation under this clause for each such pistol,

the person is not eligible to apply for, and cannot be issued with, a category H (sport/target shooting) licence for a period of 5 years from the date of the surrender.

pt 10A (cll 85A–85F): Ins 26.9.2003.

85C Licensed pistol shooters entitled to compensation for surrendering certain items relating to prohibited pistols

(1)  A person who is the holder of a category H (sport/target shooting) licence that was in force immediately before 1 October 2003 is entitled to be paid compensation by the State for any item specified in subclause (2) that is in the person’s possession if the item is surrendered to a police officer or other member of NSW Police during the buy-back period.

(2)  The items for which a person is entitled to be paid compensation in accordance with subclause (1) are as follows:

(a)  any accessory for a registered prohibited pistol surrendered by the person accordance with section 78 of the Act,

(b)  any major part that is attributable to any such surrendered prohibited pistol or to any other prohibited pistol that the person was previously authorised to possess,

(c)  any pistol magazine with a capacity of more than 10 rounds.

pt 10A (cll 85A–85F): Ins 26.9.2003.

85D Licensed firearms dealers entitled to compensation for surrendering certain items relating to prohibited pistols

(1)  A person who is the holder of a firearms dealer licence that was in force immediately before 1 October 2003 is entitled to be paid compensation by the State for any item specified in subclause (2) that is in the person’s possession if the item:

(a)  was acquired or ordered by the person before 20 December 2002, and

(b)  is surrendered to a police officer or other member of NSW Police during the buy-back period.

(2)  The items for which a person is entitled to be paid compensation in accordance with subclause (1) are as follows:

(a)  any accessory or major part that:

(i)  is attributable to a registered prohibited pistol, and

(ii)  can only be used in connection with (or as part of) a prohibited pistol,

(b)  minor parts that can only be used in connection with (or as part of) a prohibited pistol,

(c)  any commercially available and factory loaded ammunition that can only be used with a prohibited pistol.

pt 10A (cll 85A–85F): Ins 26.9.2003.

85E General provisions relating to surrendering of pistols and other items under this Part

(1)  The amount of compensation payable for surrendering a pistol or any other item under this Part is to be determined by the Commissioner.

(2)  Any pistol or other item that is surrendered under this Part is forfeited to the Crown after compensation for the pistol or item has been paid in accordance with this Part.

(3)  The Commissioner is to make arrangements:

(a)  for the manner in which pistols and other items are to be surrendered under this Part, and

(b)  for the manner in which compensation under this Part is to be paid, and

(c)  for the disposal or destruction of, or for otherwise dealing with, pistols or other items that are surrendered under this Part.

pt 10A (cll 85A–85F): Ins 26.9.2003.

85F Items for which compensation is not payable under the Act or this Part

(1)  A person who is the holder of a category H (sport/target shooting) licence is not entitled to be paid compensation under section 78 of the Act or this Part for surrendering any of the following:

(a)  any ammunition for, or minor parts of, a pistol,

(b)  any major part that is not directly attributable to a registered prohibited pistol surrendered, or previously owned, by the person,

(c)  any accessory that is not specific to a registered prohibited pistol surrendered by the person,

(d)  any major part of, or accessory for, a registered pistol surrendered in accordance with clause 85B.

(2)  A person who is the holder of a firearms dealer licence is not entitled to be paid compensation under section 78 of the Act or this Part:

(a)  for surrendering any pistols or other items in quantities exceeding commercially viable stock levels, or

(b)  for any loss of business.

(3)  Subclauses (1) and (2) do not limit the basis on which persons are to be regarded as being ineligible to be paid compensation under the Act or this Part.

pt 10A (cll 85A–85F): Ins 26.9.2003.

Part 11 Registration of firearms

86 Application for registration of firearm

(1)  For the purposes of section 34 (1) of the Act, the manner of making an application for registration of a firearm is by lodging an application in the approved form with the Firearms Registry (or at such other place as may be approved).

(2)  An application for registration of a firearm is not required to be lodged personally by the applicant.

87 Register of Firearms—additional information

For the purposes of section 33 (2) (c) of the Act, the Register of Firearms is to contain the following additional information in respect of each registered firearm:

(a)  the current residential address (or business address in the case of a firearms dealer) of the person in whose name the firearm is registered,

(b)  the premises where the firearm is kept,

(c)  the identifying number of any spare barrel that is capable of taking and discharging ammunition (ie the serial number or the number allotted by the Commissioner) for the firearm,

(d)  particulars relating to the acquisition of the firearm (being a firearm acquired on or after 1 July 1997) by the person in whose name it is registered, including the date of acquisition and the name of the person (if any) who sold the firearm.

88 Recording of change in particulars in Register

For the purposes of section 34 (7) (b) of the Act, any change in the particulars relating to the person in whose name a firearm is registered is to be recorded by the Commissioner in writing or in such other manner as may be approved.

89 Notification of sale, loss or theft of registered firearm

(1)  For the purposes of section 37 (1) (b) of the Act, the particulars required to be provided to the Commissioner about the sale of a registered firearm must be in writing and must include the following details:

(a)  the date of the sale,

(b)  the name and address of the licensed firearms dealer to whom the firearm was sold, or, if it was sold to another person through a firearms dealer, the name and address of the dealer and the name and address of the other person,

(c)  sufficient detail to identify the firearm (eg its make and its serial number or its identifying number as allotted by the Commissioner),

(d)  the identifying number of any spare barrel for the firearm,

(e)  the number of the person’s licence or permit authorising the person to possess the firearm,

(f)  the number of the person’s permit under section 31 of the Act to acquire the firearm.

(2)  For the purposes of section 37 (1) (b) of the Act, the particulars required to be provided to the Commissioner about the loss or theft of a registered firearm must be in writing and must include the following details:

(a)  the date on which the firearm was lost or stolen,

(b)  the circumstances in which it was lost or stolen,

(c)  such other particulars as may be required by the police officer to whom the loss or theft is notified.

90 Requirement to notify Commissioner when moving interstate

A person in whose name a firearm is registered must, if the person becomes a permanent resident of another State or Territory, provide the Commissioner with the person’s change of address within 7 days of moving interstate.

Maximum penalty: 20 penalty units.

91 Acquisition of firearms by persons other than firearms dealers

For the purposes of section 37 (2) of the Act, the prescribed particulars to be provided by a person who acquires a firearm are as follows, and are to be provided in writing:

(a)  the date of the acquisition,

(b)  the name and address of the person from whom the firearm was acquired,

(c)  sufficient detail to identify the firearm (eg its make and its serial number or its identifying number as allotted by the Commissioner),

(d)  the identifying number of any spare barrel for the firearm,

(e)  the number of the person’s licence or permit authorising the person to possess the firearm,

(f)  the number of the person’s permit under section 31 of the Act to acquire the firearm.

92 Identification of firearms by competent persons

(1)  An application for registration of a firearm must be accompanied by a firearm identification certificate for that firearm given by an approved person, or a person who is a member of an approved class of persons.

(2)  The form of a firearm identification certificate and the information required to be contained in it are to be determined by the Commissioner.

(3)  The Commissioner may approve a person or a class of persons for the purposes of this clause.

(4)  The Commissioner may at any time revoke a person’s approval by posting a notice of revocation to the person at the address of the person last known to the Commissioner.

93 Exemptions relating to registration requirements

(1)  The purpose of this clause is to facilitate the phasing-in of the requirements under the Act with respect to the registration of firearms.

(2)  A person who is the holder of an existing licence or an existing permit does not commit an offence under section 36 of the Act in respect of an unregistered firearm to which the licence or permit relates until:

(a)  1 July 1998, or

(b)  such time as a new licence or permit is issued under the Act in respect of the firearm,

whichever first occurs.

(3)  Despite subclause (2), a person who:

(a)  is the holder of an existing licence or existing permit, and

(b)  applies, on or before 30 June 1998, for a new licence or permit of the corresponding kind (as referred to in clauses 4 (1) (a) and 5 (a) of Schedule 3 to the Act),

does not commit an offence under section 36 of the Act in respect of an unregistered firearm to which the existing licence or existing permit relates until such time as the person is notified of the issue of, or refusal of, the new licence or permit.

(4)  Despite subclause (2), a person to whom clause 114B applies does not commit an offence under section 36 of the Act in respect of an unregistered firearm to which the person’s existing licence or existing permit related:

(a)  except as provided by paragraph (b)—until 1 August 1998, or

(b)  if the person concerned applies for a new licence or permit of the corresponding kind (as determined by the Commissioner) on or before 31 July 1998—until such time as the person is notified of the issue of, or refusal of, the new licence or permit.

cl 93: Am 3.4.1998; 1.7.1998.

93A Temporary registration amnesty

(1)  This clause applies to any person to whom an exemption referred to in clause 118 applies.

(2)  A person to whom this clause applies does not, during the period when such an exemption applies in relation to the person, commit an offence under section 36 of the Act in respect of the sale or possession of an unregistered firearm to which the person’s existing licence or existing permit related.

(3)  This clause has effect despite any other clause of this Regulation.

cl 93A: Ins 30.7.1999.

Part 11A Registration of firearm frames and firearm receivers

pt 11A: Ins 28.9.2001.

93B Registration of firearms provisions apply

(1)  Subject to subclauses (2) and (3), Part 11 (Registration of firearms) of this Regulation applies with necessary modifications to every firearm frame and firearm receiver in the same way as it applies to a firearm.

(2)  The following provisions do not apply in relation to firearm frames and firearm receivers:

(a)  clause 87 (c),

(b)  clause 89 (1) (d) and (f),

(c)  clause 91 (d) and (f),

(d)  clauses 93 and 93A.

(3)  Clause 87 (d) applies to firearm frames and firearm receivers as if the date “1 July 1997” were “1 July 2001”.

cl 93B: Ins 28.9.2001.

93C Amnesty concerning longarm firearm frames

(1)  A person who acquired a longarm firearm frame or receiver before 1 January 2002 that is not registered under Part 3 of the Act (as applied by section 93 of the Act) does not, during the period of the amnesty, commit an offence under section 36 of the Act 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 longarm 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 this clause, been arranged through a licensed firearms dealer, or

(c)  in any case where a licensed firearms dealer is not (as determined by this clause) 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 period of the amnesty, for the registration of a longarm firearm frame or receiver does not commit an offence under section 36 of the Act in respect of the possession of an unregistered longarm 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 frame or receiver.

(4)  If, after the expiry of the period of the amnesty, a person who applied for the registration of an unregistered longarm 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.

(5)  A person does not contravene any other provision of the Act just by surrendering a firearm frame or receiver in accordance with subclause (4).

(6)  The arrangements referred to in subclause (2) (b) for the sale or purchase of an unregistered longarm firearm frame or receiver through a licensed firearms dealer are as follows:

(a)  the sale must be conducted at the licensed firearms dealer’s place of business or at another approved place,

(b)  the firearms dealer must make the same records in respect of the sale as the dealer would otherwise be required to make under section 45 of the Act.

(7)  For the purposes of subclause (2) (c), a licensed firearms dealer is not reasonably available for the purposes of the sale or purchase of an unregistered longarm firearm frame or receiver if the nearest location of a firearms dealer’s place of business is more than 100 kilometres from the ordinary place of residence of both the purchaser and the seller.

(8)  In this clause:

longarm firearm frame or receiver means a frame or receiver in respect of a firearm other than a pistol.

period of the amnesty means the period starting on 1 January 2002 and ending on 30 June 2002.

cl 93C: Ins 28.9.2001. Subst 21.12.2001.

Part 12 Miscellaneous provisions

94 Maximum size for pistol

For the purposes of the definition of pistol in section 4 (1) of the Act, the greatest length overall for a pistol is 65 cm.

95 Apprehended violence orders and interim apprehended violence orders of other jurisdictions

(1)  For the purposes of the definition of apprehended violence order in section 4 (1) of the Act, the following orders or decisions are prescribed:

(a)  an injunction under section 114 (1) (a) of the Family Law Act 1975 of the Commonwealth,

(b)  a protection order under the Domestic Violence (Family Protection) Act 1989 of Queensland,

(c)  a restraining order under the Summary Procedure Act 1921 of South Australia,

(d)  a domestic violence restraining order under the Domestic Violence Act 1994 of South Australia,

(e)  a restraint order under the Justices Act 1959 of Tasmania,

(f)  an intervention order under the Crimes (Family Violence) Act 1987 of Victoria,

(g)  an order under section 172 of the Justices Act 1902 of Western Australia,

(h)  a protection order under the Domestic Violence Act 1986 of the Australian Capital Territory,

(i)  a restraining order under the Domestic Violence Act 1992 of the Northern Territory.

(2)  For the purposes of the definition of interim apprehended violence order in section 4 (1) of the Act, the following orders are prescribed:

(a)  a temporary protection order under the Domestic Violence (Family Protection) Act 1989 of Queensland,

(b)  an interim restraint order under the Justices Act 1959 of Tasmania,

(c)  an interim intervention order under the Crimes (Family Violence) Act 1987 of Victoria,

(d)  an interim protection order under the Domestic Violence Act 1986 of the Australian Capital Territory.

96 Firearms safety training courses

(1)  Except as provided by subclause (2), the firearms safety training courses that are prescribed for the purposes of the Act are as follows:

(a)  for firearms other than pistols—the course known as the Firearms Licence Qualification Course or any other approved course conducted by or on behalf of an approved person or body,

(b)  for pistols—an approved course conducted by or on behalf of an approved pistol club.

(2)  In the case of firearms to be used by security guards or employees of a government agency, an approved firearms safety accreditation course is prescribed for the purposes of the Act.

(3)  The relevant course to be completed by applicants in respect of particular categories of licences or types of permits is to be determined by the Commissioner.

(4)  The Commissioner may approve persons to be instructors for such courses on such terms as the Commissioner may determine.

(5)  A person approved as an instructor for any such course ceases to be so approved if the person ceases to be the holder of a licence or permit that authorises the person to possess firearms to which the course relates.

(6)  A person who:

(a)  dishonestly attempts to obtain a certificate or any other document that purports to be evidence of the person having passed a firearms safety training course, or

(b)  knowingly is in possession of any such certificate or other document that has been dishonestly obtained and attempts to use it, or uses it, for a dishonest purpose, or

(c)  dishonestly issues any such certificate or other document,

is guilty of an offence.

Maximum penalty (subclause (6)): 20 penalty units.

cl 96: Am 2006 (194), Sch 1 [1].

97 (Repealed)

cl 97: Rep 2003 No 36, Sch 2 [9].

98 Advertising sale of firearms

For the purposes of section 54 (b) of the Act, the following particulars are prescribed in relation to an advertisement for the sale of a firearm that is arranged by or through a licensed firearms dealer:

(a)  the licence or permit number of the seller,

(b)  the name and address of the dealer concerned.

99 Restrictions on sale and purchase of firearms

(1)  The arrangements referred to in sections 51 (2) (a) and (2A) (a) and 51A (2) (a) of the Act for selling a firearm through a licensed firearms dealer are as follows:

(a)  the sale must be conducted at the licensed firearms dealer’s place of business or at such other place as may be approved,

(b)  the firearms dealer must make the same records in respect of the sale as the dealer would otherwise be required to make under section 45 of the Act.

(2)  For the purposes of sections 51 (2) (b) and (2A) (b) and 51A (2) (b) of the Act, a licensed firearms dealer is not reasonably available for the purposes of the sale or purchase of a firearm if the nearest location of a licensed firearms dealer’s place of business is more than 100 km from the ordinary place of residence of both the buyer and the seller.

cl 99: Am 28.9.2001; 16.8.2002.

100 Commercial transportation of firearms—prescribed safety requirements

For the purposes of section 56 of the Act, the following safety requirements are prescribed:

(a)  the firearm must be stored in:

(i)  a secured locked container secured to the vehicle, or

(ii)  a locked compartment within the vehicle,

and must not be able to be seen while it is being conveyed,

(b)  all reasonable precautions must be taken to ensure that the firearm is not lost or stolen while it is being conveyed.

101 Non-commercial transportation of prohibited firearms and pistols—prescribed safety requirements

(1)  For the purposes of section 57 of the Act, the following safety requirements are prescribed:

(a)  the firearm must not be loaded with any ammunition while it is being conveyed, and it must be kept separate from any ammunition,

(b)  while the firearm is being conveyed:

(i)  it must be rendered temporarily incapable of being fired (eg by removing the bolt or the firing mechanism or by using a restraining device such as a trigger lock), or

(ii)  it must be kept in a locked container that is properly secured to, or is within, the vehicle being used for transporting the firearm.

(2)  This clause does not apply to a primary producer, or an employee of a primary producer, if, during the course of conveyance, there is a reasonable likelihood that the firearm will be required for the purpose of killing vermin or stock.

102 Annual inspections of certain firearms

(1)  This clause applies to the following:

(a)  a category C, category D or category H licence,

(b)  a firearms collector licence that authorises the possession of any prohibited firearm or pistol,

(c)  a permit that authorises the possession of any prohibited firearm or pistol (other than a permit under clause 45 authorising the possession of a firearm acquired as an heirloom).

(2)  The holder of a licence or permit to which this clause applies must, in accordance with a notice served on the holder by the Commissioner, ensure:

(a)  that any prohibited firearm or pistol to which the licence or permit relates is inspected annually by a police officer or other approved person, and

(b)  that a certificate of inspection by the person making the inspection is furnished to the Commissioner.

Maximum penalty: 20 penalty units.

(3)  The holder of a licence or permit to which this clause applies who:

(a)  is a member of an approved pistol club, or

(b)  is a member of a shooting club affiliated with the Australian Clay Target Association, or

(c)  is a member of an approved collectors’ society or approved collectors’ club,

is taken to have been served with a notice under subclause (2) if the notice has been served on the secretary or captain, or other relevant office holder, of that club.

(4)  A person who is required to have a firearm inspected under this clause must, when the firearm is produced for inspection, also produce for inspection any barrel (whether or not it is a spare barrel) in the person’s possession that is capable of taking and discharging ammunition for the firearm.

(5)  The fee specified in clause 84 (1) (q) is payable for any inspection by a police officer under this clause.

103 Numbering of firearms and spare barrels

(1)  The Commissioner may, by notice in writing served on a person who has possession of a firearm or a spare barrel that is capable of taking and discharging ammunition for that firearm, allot a number in respect of the firearm or spare barrel.

(2)  The Commissioner is not to allot such a number unless the Commissioner is of the opinion that there is no other unique number that could be used to sufficiently identify the firearm or spare barrel.

(3)  A person (including a licensed firearms dealer) must not have possession of a firearm or spare barrel in respect of which a number has been allotted by the Commissioner in accordance with this clause unless that number has been imprinted on it in the following manner:

(a)  in the case of a firearm—by stamping or, with the approval of the Commissioner, by engraving the number in an exposed position on the firearm, or

(b)  in the case of a spare barrel—by stamping or engraving the number on the outer surface,

in numerals not less than 2 mm in height on a metal part of the firearm or spare barrel.

Maximum penalty (subclause (3)): 20 penalty units.

(4)  A person does not commit an offence under subclause (3) in respect of having possession of a firearm:

(a)  if the person did not know and had no reason to suspect that a number had been allotted by the Commissioner in respect of the firearm, or

(b)  if the person, being a licensed firearms dealer, replaces a barrel which is so damaged or worn as to require its replacement, and all particulars as required in relation to that replacement are supplied in writing to the Commissioner within 24 hours of replacing it.

104 Shortened firearms

(1)  For the purposes of section 62 (2) of the Act, a firearm is to be considered as having been shortened only if:

(a)  in the case of a firearm which is a smooth bore shotgun or a combination smooth bore shotgun and rifle:

(i)  the length of the barrel, or, if it has more than one barrel, of the longer or longest barrel is less than 45 cm, or

(ii)  the length of the stock is less than 30 cm or it has no stock, and

(b)  in the case of a firearm which is a rifle, not being a combination smooth bore shotgun and rifle or an air gun:

(i)  the length of the barrel or, if it has more than one barrel, of the longer or longest barrel is less than 40 cm, or

(ii)  the length of the stock is less than 30 cm or it has no stock, or

(iii)  the overall length is less than 80 cm, and

(c)  in the case of a firearm which is an air gun:

(i)  the length of the barrel is less than 30 cm, or

(ii)  the length of the stock is less than 30 cm or it has no stock, or

(iii)  the overall length is less than 70 cm.

(2)  For the purposes of this clause, the length of the stock of a firearm, if the firearm has one trigger, is to be measured from the front of the trigger or, if the firearm has more than one trigger, from the front of the rearmost trigger to the centre of the rear of the butt plate or stock.

(3)  In this clause, firearm does not include a pistol or blank fire pistol.

105 Spear guns

(1)  A person who is under the age of 14 years must not:

(a)  buy, sell or otherwise transfer a spear gun, or

(b)  use a spear gun, or

(c)  carry or have a spear gun in the person’s possession.

Maximum penalty (subclause (1)): 10 penalty units.

(2)  A person who is of or above the age of 12 years (but under the age of 14 years) does not commit an offence under subclause (1) (b) or (c) if the person is using, carrying or in possession of the spear gun while under the personal supervision of a person who is of or above the age of 18 years.

(3)  A person must not sell or otherwise transfer a spear gun to a person under the age of 14 years.

Maximum penalty (subclause (3)): 20 penalty units.

106, 107 (Repealed)

cl 106: Rep 1998 No 48, Sch 2.7 [3].

cl 107: Am 9.7.1999. Rep 2003 No 92, Sch 3.2 [2].

108 Exemption relating to officers and employees of certain government agencies

(1)  An inspector under the Explosives Act 2003 who possesses or uses a prohibited firearm referred to in item 15 of Schedule 1 to the Act is not, while acting in the ordinary course of the inspector’s duties, required to hold a licence or permit authorising possession or use of the firearm.

(2)  An officer of the National Parks and Wildlife Service who possesses or uses a shotgun, or a prohibited firearm referred to in item 15 of Schedule 1 to the Act, that:

(a)  is capable of propelling a bird net, or

(b)  is capable of discharging incendiary shells used for the purposes of authorised back-burning and bushfire hazard reduction programs,

is not, while acting in the ordinary course of the officer’s duties, required to hold a licence or permit authorising possession or use of the firearm.

cl 108: Am 2003 No 38, Sch 2.8.

109 Exemption relating to new club members using firearms under supervision

(1)  This clause applies to any person:

(a)  who, after 1 July 1997, joins an approved sport/target shooting club, and

(b)  who does not hold a licence under the Act authorising the possession and use of a firearm.

(2)  The club must notify the Commissioner of:

(a)  the name of any person to whom this clause applies before the person participates in target shooting at an approved shooting range as a member of the club, and

(b)  such other particulars as may be specified by the Commissioner.

(3)  A person to whom this clause applies is, during the period specified in subclause (4), exempt from the requirement under the Act to be authorised by a licence to possess or use a firearm (other than a prohibited firearm) if the person does so:

(a)  while participating in target shooting at an approved shooting range as a member of the approved club concerned, and

(b)  except in such cases as may otherwise be approved—while under the supervision of another person holding office as a range officer appointed by the approved club and who is the holder of a licence that authorises the other person to possess and use the firearm.

(4)  An exemption under this clause:

(a)  commences on the first occasion on which the person participates in target shooting at an approved shooting range as a member of the club, and

(b)  ends 3 months later or when the person is issued with a licence (whichever is sooner), and

(c)  cannot apply more than once in respect of a particular person (except in such cases as may be approved).

109A Exemption relating to persons undertaking firearms safety training courses

(1)  This clause applies to any person who is undertaking the course known as the Firearms Licence Qualification Course or any other approved course conducted by or on behalf of an approved person or body.

(2)  The person or body conducting the course must record, in the approved form and manner, the following particulars:

(a)  the name of any person to whom this clause applies,

(b)  such other particulars as may be specified by the Commissioner.

(3)  A person to whom this clause applies is, during the period specified in subclause (4), exempt from the requirement under the Act to be authorised by a licence to possess or use a firearm (other than a pistol) if the person does so:

(a)  while participating in the course, and

(b)  except in such cases as may otherwise be approved—while under the direct supervision of a person who:

(i)  is approved by the Commissioner under clause 96 (4) as a firearms licence qualification instructor, and

(ii)  is appointed by the person or body conducting the course, and

(iii)  is the holder of a licence that authorises the person to possess and use the firearm.

(4)  An exemption under this clause:

(a)  commences when the person begins the firearms safety training course concerned, and

(b)  ends when that course is complete (or, if the person ceases the course at an earlier date, on that earlier date).

cl 109A: Ins 2006 (194), Sch 1 [2]. Am 2006 (401), Sch 1 [2] [3].

110 Exemption relating to off-duty police officers

(1)  Any police officer who is in possession of a service firearm while the police officer is not on duty as a police officer is exempt from the requirement under the Act to be authorised by a licence or permit to possess the firearm during any such period.

(2)  The exemption under this clause is subject to the police officer complying with such guidelines as may be issued by the Commissioner with respect to the off-duty possession of service firearms by police officers.

(3)  In this clause:

service firearm means a firearm issued to a police officer in his or her capacity as a police officer.

110A Exemption relating to certain student police

A student police officer who possesses or uses a firearm is not, while acting in the ordinary course of the student’s duties or training, required to hold a licence or permit authorising possession or use of the firearm.

cll 110A: Ins 12.2.1999.

110B Exemption relating to custodial officers

A custodial officer (however described) of the Commonwealth, or of another State or a Territory, who possesses or uses a firearm is not, while acting in the ordinary course of the officer’s duties, required to hold a licence or permit authorising possession or use of the firearm.

cll 110B: Ins 12.2.1999.

111 Exemption for certain firearms manufactured before 1900

(1)  This clause applies to any firearm manufactured before 1900 that:

(a)  in the case of a firearm other than a pistol—is not capable of discharging breech-loaded metallic cartridges or is a firearm for which ammunition is not, in the opinion of the Commissioner, commercially available, or

(b)  is a pre-percussion pistol.

(2)  A person is exempt from any requirement under the Act to hold a licence or permit in respect of a firearm to which this clause applies.

(3)  A person does not commit any offence under section 36 of the Act with respect to an unregistered firearm if it is a firearm to which this clause applies.

(4)  A person does not commit any offence under section 50, 51 or 51A of the Act with respect to the sale or purchase of a firearm if it is a firearm to which this clause applies.

(5)  In subclause (1):

pre-percussion pistol means a muzzle loading pistol (including a percussion lock pistol that is muzzle loading) that uses black powder to propel a projectile, but does not include any breech loading pistol with a rotating cylinder or any other breech loading pistol that accepts metallic cartridges. A percussion lock pistol is not a pre-percussion pistol unless it is a single-shot percussion lock pistol.

Note—

A licence or permit is not required for an antique firearm described in clause 111, and those firearms are not required to be registered. However, those firearms are still firearms within the meaning of the Firearms Act 1996.

cl 111: Am 19.12.1997; 5.10.2001; 2003 No 36, Sch 2 [10] [11]; 3.12.2004.

111A Temporary licensing and registration amnesty for pre-1900 firearms

(1)  In this clause:

amnesty period means the period starting 1 July 2002 and ending 30 June 2003.

pre-1900 firearm means a firearm manufactured before 1900 that takes rimfire or centre-fire ammunition.

(2) Exemption from licensing requirements A person who acquired a pre-1900 firearm before the amnesty period is, during the amnesty period, exempt from the requirement under the Act to hold a licence or permit authorising possession of the firearm.

(3)  If any such person makes an application during the amnesty period for a licence or permit authorising possession of the firearm, the exemption under subclause (2) continues to apply in respect of the person until such time as the application is determined by the Commissioner.

(4) Exemption from registration requirements A person who, before the amnesty period, acquired a pre-1900 firearm that is not registered does not, during the amnesty period, commit an offence under section 36 of the Act of possessing an unregistered firearm.

(5)  If any person makes an application during the amnesty period for the firearm to be registered, the exemption under subclause (4) continues to apply in respect of the person until such time as the application for registration of the firearm is determined by the Commissioner.

(6)  Section 51A (1) of the Act does not apply to a licensed firearms dealer in respect of the purchasing of a pre-1900 firearm from a person to whom an exemption under subclause (2) or (4) applies.

Note—

This subclause enables the unlicensed owner of a pre-1900 firearm to sell the firearm to a dealer without the dealer committing an offence of purchasing a firearm from an unlicensed person.

(6A)  The possession of a pre-1900 firearm by a person in accordance with an exemption under subclause (2) or (4) is taken not to be possession for the purposes of section 51D of the Act.

(7)  Nothing in this clause authorises the use of a firearm.

cl 111A: Ins 5.10.2001. Am 28.6.2002.

111B Temporary licensing and registration amnesty for certain percussion lock pistols manufactured before 1900

(1)  In this clause:

amnesty period means the period ending on 30 June 2007.

percussion lock pistol means a multiple-shot, muzzle loading percussion lock pistol manufactured before 1900 that uses black powder.

(2) Exemption from licensing requirements A person who is in possession of a percussion lock pistol is not required to hold a licence or permit during the amnesty period for that pistol.

(3)  If the person makes an application during the amnesty period for a licence or permit authorising possession of the percussion lock pistol, the exemption under subclause (2) continues to apply in respect of the person until such time as the application is determined by the Commissioner.

(4) Exemption from registration requirements A person who is in possession of a percussion lock pistol that is not registered does not, during the amnesty period, commit an offence under section 36 of the Act of possessing an unregistered firearm.

(5)  If the person makes an application during the amnesty period for the percussion lock pistol to be registered, the exemption under subclause (4) continues to apply in respect of the person until such time as the application for registration of the pistol is determined by the Commissioner.

(6)  Section 51A (1) of the Act does not apply to a licensed firearms dealer in respect of the purchasing of a percussion lock pistol from a person to whom an exemption under subclause (2) or (4) applies.

Note—

This subclause enables the unlicensed owner of a percussion lock pistol to sell the pistol to a dealer without the dealer committing an offence of purchasing a firearm from an unlicensed person.

(7)  The possession of a percussion lock pistol by a person in accordance with an exemption under subclause (2) or (4) is taken not to be possession for the purposes of section 51D of the Act.

(8)  Nothing in this clause authorises the use of a firearm.

cl 111B: Ins 2005 (353), Sch 1. Am 2006 (316), cl 2.

112 Exemption relating to possession and use of firearms by authorised tourists at approved shooting ranges

(1)  An overseas tourist who possesses or uses a firearm (other than a prohibited firearm) on an approved shooting range and who is of or above the age of 18 years is exempt from the requirement under the Act to hold a licence or permit authorising possession or use of the firearm.

(2)  The exemption under this clause is subject to the following conditions:

(a)  the arrangements for the overseas tourist to use a firearm at the approved shooting range must have been made by or through a registered travel agent,

(b)  the overseas tourist must, before actually using the firearm, be provided with instructions in the safe handling and use of the firearm by an approved firearms instructor,

(c)  the overseas tourist must, while using the firearm, be supervised by such an instructor (and in the case of firearms other than pistols, one instructor is to supervise no more than 3 shooters, and in the case of pistols, one instructor is to supervise each shooter),

(d)  the handling and use of the firearm must, unless it is a pistol, be physically restrained in an approved manner to ensure that the firearm is directed down range and not in any other direction.

(3)  In addition to any other conditions imposed by the Commissioner on the approval of a shooting range for the purposes of this clause, an approval is subject to the following conditions:

(a)  the holder of the approval must keep a record of the following particulars in relation to any overseas tourist using the shooting range under the exemption conferred by this clause:

(i)  the name, country of residence and the passport number of the overseas tourist,

(ii)  the date or dates on which the overseas tourist used the shooting range,

(iii)  the name of the registered travel agent by or through whom the arrangements for the use of the shooting range were made,

(iv)  the name of the instructor who supervised the overseas tourist,

(b)  the holder of the approval must produce any such record for inspection if requested to do so by a police officer or by such other person as may be approved.

(4)  In this clause:

approved shooting range means an indoor shooting range, or an outdoor shooting range that has a physical barrier at the firing point, which is approved for the purposes of this clause.

113 Exemption relating to surrender and sale of firearms other than prohibited firearms

(1)  A person is exempt from the requirement under the Act to hold a licence or permit authorising possession of a firearm (other than a prohibited firearm) or ammunition for any such firearm, but only for the following purposes:

(a)  surrendering the firearm or ammunition to a member of the Police Service in accordance with such directions as are issued by the Commissioner,

(b)  selling the firearm or ammunition to a licensed firearms dealer,

(c)  proceeding to a police station (or other nominated place) for the purpose of surrendering the firearm or ammunition or proceeding to a place for the purpose of selling the firearm or ammunition as referred to in paragraph (b).

(2)  Sections 44 (1) and 65 (2) of the Act do not apply to a licensed firearms dealer in respect of the buying or taking possession of a firearm (other than a prohibited firearm) or ammunition from a person who is selling it to a dealer in accordance with this clause.

(3)  Nothing in this clause authorises the use of a firearm.

(4)  This clause ceases to have effect:

(a)  except as provided by paragraph (b) or (c)—on 30 June 1998, or

(b)  in the case of those persons whose existing licences or existing permits are continued past 30 June 1998 because of the operation of clause 114A—on 31 December 1998, or

(c)  in the case of those persons to whom clause 114B applies—on 31 December 1998.

cl 113: Am 3.4.1998; 1.7.1998.

113A Exemption relating to imitations and replicas of firearms

A person is exempt from the requirement under the Act to hold a licence or permit authorising possession or use of a prohibited firearm referred to in item 17 of Schedule 1 to the Act if the person is the holder of a permit under the Prohibited Weapons Act 1989 authorising the person to possess or use the prohibited firearm.

cl 113A: Ins 1.5.1998.

114 Continuation of certain existing licences—non-prohibited firearms

(1)  An existing licence that authorised the possession and use of a firearm (other than a prohibited firearm) continues to authorise the possession and use of the firearm in respect of which it was issued until:

(a)  30 June 1998, or

(b)  such time as a new licence is issued under the Act authorising the possession and use of that firearm, or

(c)  such time as the existing licence is surrendered or revoked in accordance with the Act,

whichever first occurs.

(2)  Subclause (1) has effect despite clause 4 (1) (b) of Schedule 3 to the Act.

cl 114: Am 3.4.1998.

114A Special transitional provision—continuation of existing licences and permits

(1)  If the holder of an existing licence or existing permit applies on or before 30 June 1998 for a new licence or permit of the corresponding kind (as referred to in clauses 4 (1) (a) and 5 (a) of Schedule 3 to the Act), the authority conferred by the existing licence or existing permit continues until such time as:

(a)  the person is notified of the issue of, or refusal of, the new licence or permit, or

(b)  the existing licence or existing permit is surrendered or revoked in accordance with the Act.

(2)  Accordingly, the 12 month period referred to in clause 4 (3) and (4) of Schedule 3 to the Act is, if the person concerned applies for a new category C or category D licence on or before 30 June 1998, extended to such time as:

(a)  the person is notified of the issue of, or refusal of, the new licence, or

(b)  the person’s existing licence is surrendered or revoked in accordance with the Act.

(3)  This clause has effect despite:

(a)  clause 114, and

(b)  clauses 4 (1) (b) and 5 (b) of Schedule 3 to the Act.

cl 114A: Ins 3.4.1998.

114B Temporary amnesty for existing licensees and permit holders who fail to apply for new licence or permit before 30 June 1998 deadline

(1)  This clause applies to any person:

(a)  who is the holder of an existing licence or existing permit, and

(b)  who does not apply on or before 30 June 1998 for a new licence or permit of the corresponding kind (as determined by the Commissioner).

(2)  A person to whom this clause applies is exempt from the requirement under the Act to hold a licence or permit authorising possession of a firearm to which the existing licence or permit related.

(3)  This clause ceases to have effect in respect of a person to whom this clause applies:

(a)  except as provided by paragraph (b)—on 31 July 1998, or

(b)  if the person applies for a new licence or permit on or before 31 July 1998—until such time as the person is notified of the issue of, or refusal of, the new licence or permit.

(4)  Nothing in this clause authorises the use of a firearm.

(5)  This clause has effect despite:

(a)  clause 114, and

(b)  clauses 4 (1) (b) and 5 (b) of Schedule 3 to the Act.

cl 114B: Ins 1.7.1998.

115 Limitation on amnesty period in respect of certain prohibited firearms

Despite clause 3 (2) of Schedule 3 to the Act, the period during which a person is authorised to possess (without the authority of a licence or permit) a firearm to which clause 3 of Schedule 3 to the Act applies is the period that begins on 1 July 1997 and ends on 30 September 1997.

116 Further amnesty for prohibited firearms

(1)  A person is exempt from the requirement under the Act to hold a licence or permit authorising possession of a prohibited firearm, but only for the purpose of:

(a)  surrendering the prohibited firearm to a member of the Police Service in accordance with such directions as are issued by the Commissioner, or

(b)  proceeding to a police station (or other nominated place) for the purpose of surrendering the prohibited firearm.

(2)  Nothing in this clause authorises the use of a firearm.

(3)  This clause ceases to have effect:

(a)  except as provided by paragraph (b) or (c)—on 30 June 1998, or

(b)  in the case of those persons whose existing licences or existing permits are continued past 30 June 1998 because of the operation of clause 114A—on 31 December 1998, or

(c)  in the case of those persons to whom clause 114B applies—on 31 December 1998.

cl 116: Ins 19.12.1997. Am 3.4.1998; 1.7.1998.

117 Prescribed decisions for purposes of applications to Administrative Decisions Tribunal under section 75 (1) (g)

(1)  The following decisions are prescribed for the purposes of section 75 (1) (g) of the Act:

(a)  a decision of the Commissioner under clause 32 refusing an application to change the premises to which a firearms dealer licence relates,

(b)  a decision of the Commissioner under Part 8 refusing or failing to grant an approval under that Part,

(c)  a decision of the Commissioner under Part 8 imposing conditions on an approval under that Part (or varying any such condition),

(d)  a decision of the Commissioner under Part 8 revoking an approval under that Part,

(e)  a decision of the Commissioner under Part 9 refusing or failing to grant an approval under that Part,

(f)  a decision of the Commissioner under Part 9 imposing conditions on an approval under that Part.

(2)  The persons who may make an application to the Administrative Decisions Tribunal under section 75 (1) (g) of the Act in relation to the decisions referred to in subclause (1) (e) and (f) are limited to a secretary or other relevant office holder of the club concerned.

cl 117: Ins 1998 No 48, Sch 2.7 [4].

118 Amnesty to enable lawful sale of firearms if application for new licence or permit is refused

(1)  If a person to whom clause 114A or 114B applies:

(a)  is refused a new licence (on the relevant grounds) to replace the person’s existing licence, or

(b)  is refused a new permit (on any ground other those referred to in section 29 (1)–(4) of the Act) to replace the person’s existing permit,

the person is exempt from the requirement under the Act to hold a licence or permit to possess the firearm or firearms to which the person’s existing licence or permit related, but only for the purposes of selling the firearm or firearms to or through a licensed firearms dealer.

(2)  Such an exemption applies only if the person:

(a)  within 21 days of receiving notice of the refusal of the new licence or permit, takes the firearm or firearms to a licensed firearms dealer and leaves the firearm or firearms with the dealer to be sold or disposed of in an approved manner, and

(b)  within 7 days of taking the firearm or firearms to a licensed firearms dealer, sends a copy of the relevant receipt (or other relevant document indicating that the dealer has custody of the firearm or firearms) to the Manager, Firearms Registry, Police Service.

(3)  For the purposes of subclause (1) (a), the relevant grounds for refusing a new licence are as follows:

(a)  that the person does not have a genuine reason for possessing or using a firearm,

(b)  if the person applied for a licence other than a category A licence—that the person does not have a special need for possessing or using a firearm of the kind to which the licence applies.

(4)  Section 51A (1) of the Act does not apply to a licensed firearms dealer in respect of the purchasing of a firearm from a person who is selling it to or through the dealer in accordance with an exemption under this clause.

(5)  Nothing in this clause authorises the use of any firearm.

(6)  This clause has effect despite any other clause of this Regulation.

cl 118: Ins 9.7.1999. Am 5.10.2001.

119 Temporary amnesty to enable surrender or registration of firearms

(1)  In this clause:

period of the amnesty means the period starting on the commencement of this clause and ending 2 November 2001.

(2)  A person is, during the period of the amnesty, exempt from the requirement under the Act to hold a licence or permit authorising possession of a firearm if the person:

(a)  is surrendering the firearm to a member of the Police Service in accordance with such directions as are issued by the Commissioner, or

(b)  is proceeding to a police station (or other nominated place) for the purpose of surrendering the firearm.

(3)  A person who holds a licence or permit authorising possession of a firearm does not, if the firearm is unregistered, commit an offence under section 36 of the Act of possessing an unregistered firearm.

(4)  Subclause (3):

(a)  only applies in respect of a person if the person has made an application to the Commissioner for the firearm to be registered, and

(b)  continues to apply in respect of that person until the end of the period of the amnesty or until such time as the application is determined by the Commissioner.

(5)  Nothing in this clause authorises the use of a firearm.

cl 119: Ins 29.6.2001. Am 5.10.2001.

120 Temporary general amnesty for illegally held firearms that are surrendered to the police

(1)  In this clause:

general amnesty period means the period starting on the commencement of this clause and ending on 30 June 2004.

(2)  A person is, during the general amnesty period, exempt from the requirement under the Act to hold a licence or permit authorising possession of a firearm if the person:

(a)  is surrendering the firearm to a member of NSW Police in accordance with such directions as are issued by the Commissioner, or

(b)  is proceeding to a police station (or other nominated place) for the purpose of surrendering the firearm.

(3)  Nothing in this clause authorises the use of a firearm.

cl 120: Ins 2003 No 36, Sch 2 [12]. Am 2.4.2004.

121 Temporary amnesty for licensed sport/target pistol shooters in relation to large calibre pistols

(1)  In this clause:

eligible person means a person:

(a)  who, immediately before 1 October 2003, was authorised by a licence under the Act to possess and use a large calibre pistol for the purposes of sport/target shooting, and

(b)  who applies or has applied for (but has not been issued with) a permit under clause 59A authorising the person to possess and use a large calibre pistol for the purposes of participating in a specialised shooting competition.

large calibre pistol means a pistol to which clause 59A applies.

specialised shooting competition has the same meaning as in clause 59A.

(2)  An eligible person is exempt from the requirement under the Act to hold a licence or permit to possess or use a large calibre pistol, but only until:

(a)  such time as the person is issued with a permit under clause 59A (or is notified that the application for the permit has been refused), or

(b)  the end of the period of 3 months immediately following the end of the buyback period within the meaning of section 78 of the Act,

whichever occurs first.

(3)  During the period of exemption under subclause (2), the eligible person is authorised to possess or use a large calibre pistol for the purposes only of participating in a specialised shooting competition.

cl 121: Ins 19.12.2003.

122 Extension of “buyback period”

For the purposes of the definition of buyback period in section 78 (1) of the Act, the period starting on 1 October 2003 and ending on 30 June 2004 is prescribed.

cl 122: Ins 2.4.2004.