FIREARMS ACT 1996

Australian Capital Territory Current Acts

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FIREARMS ACT 1996

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
2. Dictionary
3. Notes
4. Offences against Act—application of Criminal Code etc

PART 2--IMPORTANT CONCEPTS

5. Principles and objects of Act
6. Meaning of firearm
7. Meaning of prohibited firearm
8. Meaning of acquire
9. Meaning of dispose
10. Meaning of possession
11. Evidence of possession—firearms at premises
12. Evidence of possession—care, control or management of
13. Taking possession under credit contract
14. Authority to possess and use firearms temporarily
15. Paintball markers—authority to possess, use or store
16. Meaning of close associate of firearms dealer etc
17. Assessing suitability of individuals
18. Assessing suitability of individuals—discretionary criteria
18A. Protection of security sensitive information
18B. ACAT or court review—decision on security sensitive
18C. ACAT or court review—dealing with security sensitive
19. Assessing suitability of individuals—mandatory criteria
20. Approval of courses etc by registrar

PART 3--OPERATION OF ACT

21. Government-owned firearms
22. People responsible for certain actions etc
23. People exempt from Act etc
23A. Application of Act to imitation firearms

PART 4--UNREGULATED FIREARMS

24. Meaning of unregulated firearm—Act
25. Unregulated firearms—seizure by police
26. Unregulated firearms—receipt for seizure
27. Unregulated firearms—examination
28. Unregulated firearms—access to things seized
29. Unregulated firearms—review of decision to seize
30. Unregulated firearms—forfeiture

PART 5--DECLARATIONS ABOUT FIREARMS

31. Firearms declarations by registrar
32. Effect of certain declarations

PART 6--ADMINISTRATION

33. Registrar of firearms
34. Functions of registrar
35. Delegation by registrar
36. Reports and recommendations
37. Minister's guidelines
38. Amnesty
39. Authorised instructors and club members
40. Approval of clubs
41. Registrar's approval to possess ammunition as collector

PART 7--FIREARMS LICENCES

Division 7.1--Requirement for licence etc

42. Offence—unauthorised possession or use of prohibited firearms
43. Offence—unauthorised possession or use of firearms other than prohibited
44. Alternative verdicts—unauthorised possession or use of firearms
45. Offence—contravention of condition by licensee etc

Division 7.2--Licensing schemes—general

46. Definitions of some licences—Act
47. Offence—notice of lost, stolen and destroyed licences
48. Offence—failing to surrender firearms when licence suspended or cancelled
49. Offence—failure to give up suspended or cancelled licence
50. Police may seize firearms under suspended and cancelled licences
51. Licence renewals to be treated as fresh applications
52. Licence categories, kinds and authority conferred by licence
53. Authority conferred by licence—additional matters

Division 7.3--Licensing scheme—adult firearms licences

54. Adult firearms licences—applications
55. Adult firearms licences—registrar to tell applicant about training
56. Adult firearms licences—requirement for further information
57. Adult firearms licences—decision
58. Adult firearms licences—refusal
59. Adult firearms licences—categories
60. When adult firearms licences may be issued
61. Adult firearms licences—genuine reasons to possess or use
62. Adult firearms licences—no genuine reason to possess or use
63. Adult firearms licences—restriction on issue of category B
64. Adult firearms licences—restriction on issue of category C
65. Adult firearms licences—restriction on issue of category D
66. Adult firearms licences—restriction on issue of category H
67. Adult firearms licences—restriction on issue of collectors
68. Adult firearms licences—restrictions on issue of heirlooms
69. Adult firearms licences—restrictions on issue of firearms dealer
70. Adult firearms licences—restrictions on issue of paintball marker
71. Adult firearms licences—form
72. Adult firearms licences—replacements
73. Adult firearms licences—conditions
74. Adult firearms licences—special conditions of category D
75. Adult firearms licences—special conditions for category H licences for
76. Adult firearms licences—special conditions for collectors
77. Adult firearms licences—special conditions for paintball marker
78. Adult firearms licences—period in force
79. Adult firearms licences—immediate suspension
80. Adult firearms licences—mandatory suspension for family violence
81. Adult firearms licences—cancellation generally
81A. Adult firearms licences—reconsideration of suitability of licensee under certain
82. Adult firearms licences—cancellation of category H licences
83. Adult firearms licences—when suspension or cancellation takes

Division 7.4--Licensing scheme—minors firearms licences

84. Children prohibited from owning firearms
85. Minors firearms licences—applications
86. Minors firearms licences—requirement for further information
87. Minors firearms licences—decision
88. Minors firearms licences—refusal
89. Minors firearms licences—categories
90. When minors firearms licences may be issued
91. Minors firearms licences—genuine reasons to possess or use
92. Minors firearms licences—form
93. Minors firearms licences—replacements
94. Minors firearms licences—conditions
95. Minors firearms licences—period in force
96. Minors firearms licences—immediate suspension
97. Minors firearms licences—mandatory suspension if family violence
98. Minors firearms licences—cancellation
98A. Minors firearms licences—reconsideration of suitability of licensee under certain
99. Minors firearms licences—when suspension or cancellation takes

Division 7.5--Licensing scheme—composite entity firearms licences

100. Definitions—Act
101. Composite entity firearms licences—applications
102. Composite entity firearms licences—requirement for further information
103. Composite entity firearms licences—decision
104. Composite entity firearms licences—refusal
105. Composite entity firearms licences—categories
106. Composite entity firearms licence—principal's name
107. When composite entity firearms licences may be issued
108. Composite entity firearms licences—genuine reasons to possess or use
109. Composite entity firearms licences—no genuine reason to possess or use
110. Composite entity firearms licences—restriction on issue of category B
111. Composite entity firearms licences—restriction on issue of category C
112. Composite entity firearms licences—restriction on issue of category D
113. Composite entity firearms licences—restriction on issue of category H
114. Composite entity firearms licences—form
115. Composite entity firearms licences—replacements
116. Composite entity firearms licences—conditions
117. Composite entity firearms licences—period in force
118. Composite entity firearms licences—immediate suspension
119. Composite entity firearms licences—mandatory suspension for family violence
120. Composite entity firearms licences—cancellation
121. Composite entity firearms licences—when suspension or cancellation takes

Division 7.6--Licensing scheme—temporary international firearms licences

122. Meaning of foreign firearms licence—div 7.6
123. Temporary international firearms licences—applications
124. Temporary international firearms licences—requirement for further information
125. Temporary international firearms licences—decision
126. Temporary international firearms licences—refusal
127. When temporary international firearms licences may be issued
128. Temporary international firearms licences—genuine reasons to possess or use
129. Temporary international firearms licences—form
130. Temporary international firearms licences—conditions
131. Temporary international firearms licences—period in force
132. Temporary international firearms licences—cancellation
133. Temporary international firearms licences—when cancellation takes

PART 8--TEMPORARY RECOGNITION OF INTERSTATE LICENCES AND PERMITS

134. Definitions—pt 8
135. Temporary recognition of interstate licences—declaration of licence
136. Temporary recognition of interstate licences—general
137. Temporary recognition of interstate category C licences
138. Interstate residents moving to ACT—category A, B, and paintball marker
139. Interstate residents moving to ACT—category C and H licences
140. Temporary recognition of interstate licences for international visitors—shooting or
140A. Temporary recognition of interstate category D licences—vertebrate pest animal

PART 9--PERMITS GENERALLY

141. General power to issue permits

PART 10--PERMITS TO ACQUIRE FIREARMS

142. Meaning of acquirer and foreign acquirer—pt 10
143. Permits to acquire—applications
144. Permits to acquire—decision
145. Permits to acquire—refusal to issue generally
146. Permits to acquire—refusal to issue to temporary international firearms
147. When permits to acquire may be issued
148. Permits to acquire—period in force
149. Permits to acquire—replacements
150. Offence—notice of lost, stolen and destroyed permits to acquire
151. Permits to acquire—automatic suspension and cancellation
152. Permits to acquire—cancellation by registrar
153. Offence—failing to give up suspended or cancelled permit to acquire
154. Regulations about permits to acquire

PART 11--REGISTRATION OF FIREARMS AND FIREARM USERS

Division 11.1--Interpretation

155. Meaning of owner and user particulars—pt 11

Division 11.2--Register of firearms

156. Register of firearms
157. Contents of register
158. Register not available to public
159. Two-yearly reviews

Division 11.3--Registration of firearms

160. Firearm registration—application
161. Firearm registration—request for further information etc
162. Firearm registration—decision
163. Firearm registration—refusal
164. Firearm registration notice
165. End of firearm registration
166. Cancellation of firearm registration
167. Police may seize firearms if firearm registration cancelled

Division 11.4--Registration of firearms users

168. User registration—application
169. User registration—request for further information etc
170. User registration—decision
171. User registration—refusal
172. Effect of registration as user
173. User registration—period in force
174. Automatic cancellation of user registration
175. Automatic cancellation of user registration—certain registered

Division 11.5--Offences—registration

176. Offence—failing to notify event causing cancellation of user registration
177. Offence—unregistered firearms
178. Offence—requirements relating to registered firearms
179. Offence—possessing firearm under another licence

PART 12--SAFE STORAGE OF FIREARMS

180. Offence—failing to comply with storage requirements
181. Offence—storage requirements for category A, category B and paintball marker
182. Offence—storage requirements for category C, D and H licences
183. Seizure of firearms if storage requirements not met

PART 13--FIREARMS DEALERS

Division 13.1--Interpretation

184. Meaning of prohibited person—pt 13

Division 13.2--Licences and licensed firearms dealers

185. Offence—firearms dealers to be licensed
186. Information about close associates of certain firearms dealers
187. Meaning of prohibited person for licensed firearms dealers
188. Registrar's statement whether person prohibited—application
189. Registrar's statement whether person prohibited
190. Offence—prohibited person not to be involved in firearms dealing business
191. Offence—restrictions on acquisition and disposal of firearms by firearms dealers

Division 13.3--Licensed firearms dealers—records and returns

192. Definitions—div 13.3
193. Offence—records generally
194. Acquisition and disposal—records
195. Correction of recorded entries
196. Offence—inspection of records
197. Offence—records of former firearms dealers
198. Offence—monthly returns
199. Additional requirements for firearms dealers
200. Security of displayed firearms
201. Interstate transactions between dealers

PART 14--ENFORCEMENT

Division 14.1--Interpretation

202. Meaning of offence—pt 14

Division 14.2--Powers of police officers

203. Power to enter premises
204. Production of evidence of identity
205. Consent to entry
206. General powers on entry to premises
207. Powers on entry—condition
208. Offences—noncompliance with directions and requirements
209. Power to seize things
210. Receipt for things seized

Division 14.3--Search warrants

211. Warrants generally
212. Warrants—application made other than in person
213. Search warrants—announcement before entry
214. Details of search warrant to be given to occupier etc
215. Occupier entitled to be present during search etc

Division 14.4--Things seized

216. Access to things seized
217. Return or forfeiture of things seized

Division 14.5--Enforcement—miscellaneous

218. Damage etc to be minimised
219. Compensation for exercise of enforcement powers

PART 15--OFFENCES

220. Offences—trafficking firearms
221. Discharge etc of firearm—public places etc
222. Discharge of firearm—general
223. Carriage or use of firearm—improper manner
224. Offences—operation of shooting ranges
225. Offences—operation of paintball ranges
226. Offence—unlawful disposal of firearms
227. Offence—unlawful acquisition of firearms
228. Offence—unauthorised manufacture of firearms
229. Use of mail for sending firearms
230. Use of mail for sending firearms outside ACT
231. Advertising sale of firearms
232. Means of delivering possession of firearms
233. Transport of firearms and ammunition
234. Transporting prohibited firearms or pistols
235. Possession of spare barrels for firearms
236. On-the-spot inspection of firearms by police
237. Offence—disposal of firearms by unauthorised holders generally
238. Offence—disposal of inherited firearms
239. Unsafe firearms
240. Shortening firearms
241. Converting firearms
242. Restrictions where alcohol or other drugs concerned
243. Offence—selling ammunition generally
244. Offence—sale of ammunition by licensed firearms dealers
245. Offence—sale of ammunition by authorised club members
246. Offence—selling ammunition to people from outside ACT
247. Offence—selling ammunition for starting pistols
248. Offence—acquiring ammunition
249. Offence—possessing ammunition generally
250. Modification of firearms
251. Approval of modifications
252. Offences—defacing, altering and removing identification marks
253. Pawning of firearms
254. Production of licence or permit on demand
255. Requirement to notify change of address
256. Misuse of licences and permits
257. Offence—lost, stolen or destroyed firearms

PART 16--NOTIFICATION AND REVIEW OF DECISIONS

258. Meaning of reviewable decision—pt 16
260. Reviewable decision notices
260A. Applications for review

PART 17--MISCELLANEOUS PROVISIONS

261. Disclosure by health professionals of certain information
262. Destruction or disposal of seized or surrendered firearms
263. Disposal of uncollected firearms
264. Certificates of safety
265. Acts and omissions of representatives
266. Third-party interests—complaints to registrar
267. Investigations
268. Offences by corporations
269. Evidentiary certificates
270. Determination of fees
271. Approved forms
272. Regulation-making power
273. Licensing of entities to operate approved shooting ranges
274. Licensing of entities to operate approved paintball ranges
275. Authorised possession or use of prohibited firearms with pistol grips for sport or target
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
DICTIONARY
ENDNOTES

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