South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Firearms (Miscellaneous) Amendment
Bill 2013
A BILL FOR
An Act to amend the Firearms
Act 1977.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Firearms
Act 1977
4Amendment of section
5—Interpretation
5Amendment of section 10B—Firearms
prohibition order issued by Registrar
6Substitution of heading to Part
3
7Amendment of section 11—Possession and use
of firearms
8Substitution of heading to Part 3 Division
2
9Substitution of sections 14 and
14A
14Trafficking in
firearms
10Insertion of heading to Part 3 Division
2AA
11Amendment of section 27—Manufacture of
firearms, firearm parts or silencers
12Insertion of sections 27AA and
27AAB
27AAAlteration of
firearms
27AABSeizure
and forfeiture of equipment etc
13Amendment of section
29A—Possession etc of silencer and certain parts of firearms
14Insertion of sections 29B and
29BA
29BPossession etc of
prohibited firearm accessory
29BARestriction on possession etc of certain
magazines
15Amendment of section 32—Power to inspect
or seize firearms etc
16Amendment of section 34—Forfeiture of
firearms etc
17Amendment of section 34A—Powers of court
on finding person guilty of firearms offence
18Amendment of
section 35—Disposal of forfeited or surrendered firearms etc
19Amendment of Schedule 1—Transitional
provisions and compensation
6Possession or ownership of
magazines
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Firearms (Miscellaneous) Amendment
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Firearms
Act 1977
4—Amendment
of section 5—Interpretation
(1) Section 5(1), after the definition of prescribed firearm
insert:
prohibited firearm accessory means an item, or an item of a
class, prescribed by the regulations that may be fitted to or used in
conjunction with a firearm;
(2) Section 5(1), definition of silencer—delete the
definition and substitute:
silencer means a device designed or adapted to be attached
to, or comprising part of, a firearm to muffle the report when the firearm is
fired and includes baffles, tubes or other parts that when fitted together would
comprise a silencer;
5—Amendment
of section 10B—Firearms prohibition order issued by
Registrar
Section 10B—after subsection (3) insert:
(3a) If a police officer has reason to believe that a firearms prohibition
order applies to a person, but the order has not been served on the person, the
officer may—
(a) require the person
to remain at a particular place for—
(i) so long as may be necessary for the order to be served on the person;
or
(ii) 2 hours,
whichever is the lesser; and
(b) if the person refuses or fails to comply with the requirement or the
officer has reasonable grounds to believe that the requirement will not be
complied with, arrest and detain the person in custody (without warrant) for the
period referred to in
paragraph (a).
6—Substitution
of heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Possession and trafficking of firearms and
licensing of dealers
7—Amendment
of section 11—Possession and use of firearms
(1) Section 11(7b)—delete subsection (7b) and substitute:
(7b) An offence against this section is an aggravated offence if it has
been proved that—
(a) the firearm to which the offence relates was loaded or in the
immediate vicinity of a loaded magazine that could be attached to and used in
conjunction with the firearm; or
(b) the offender had the firearm concealed about the person.
(2) Section 11(7c)—delete subsection (7c)
8—Substitution
of heading to Part 3 Division 2
Heading to Part 3 Division 2—delete the heading and
substitute:
Division 2—Trafficking in
firearms
9—Substitution
of sections 14 and 14A
Sections 14 and 14A—delete the sections and substitute:
14—Trafficking in firearms
(1) Subject to this
section, a person—
(i) acquires a firearm; or
(ii) knowingly takes part in the acquisition of a firearm,
without being authorised to acquire the firearm by a permit under this Part
(or under corresponding legislation in another State or Territory of the
Commonwealth); or
(b) who—
(i) supplies a firearm; or
(ii) knowingly takes part in the supply of a firearm,
to a person who is not authorised to acquire the firearm by a permit under
this Part (or under corresponding legislation in another State or Territory of
the Commonwealth),
is guilty of the offence of trafficking in firearms.
(2)
Subsection (1) does
not apply to—
(a) the acquisition of a firearm by a person in the ordinary course of
carrying on business as a licensed dealer pursuant to the licence; or
(b) the supply of a firearm to a person who acquires the firearm in the
ordinary course of carrying on business as a licensed dealer pursuant to the
licence.
(3) It is a defence
to prosecution for an offence against
subsection (1)
to prove that—
(a) the acquisition or supply was in circumstances (prescribed by or under
section 11) in which the person who acquired the firearm was not required
to hold a licence authorising possession of the firearm; or
(b) in the case of the acquisition of a firearm—the owner of the
firearm carried on a business and the firearm was temporarily acquired for the
purposes of the business from the owner by a person who was—
(i) the holder of a licence authorising the possession and use of the
firearm; and
(ii) an employee, or in the case of a primary production business, a
relative, of the owner; or
(c) in the case of the supply of a firearm—the owner of the firearm
carried on a business and the firearm was temporarily supplied for the purposes
of the business by the owner to a person who was—
(i) the holder of a licence authorising the possession and use of the
firearm; and
(ii) an employee, or in the case of a primary production business, a
relative, of the owner; or
(d) in the case of
a class A or B firearm or, subject to
subsection (4),
a class H firearm, the acquisition or supply was pursuant to a written
agreement between the owner of the firearm and the person who acquired the
firearm that the person would only use the firearm for a purpose or purposes
specified in the agreement and would return the firearm to the owner within
10 days; or
(e) the acquisition or supply was in circumstances prescribed for the
purposes of this subsection by regulation.
(4) The defence
under
subsection (3)(d)
is not available in the case of a class H firearm—
(a) if—
(i) the person who acquired the firearm was the holder of a shooting club
member's licence; and
(ii) the firearm—
(A) is a self-loading handgun (other than a revolver) with a barrel
length, as measured in accordance with the regulations, of less than
120 mm; or
(B) is a revolver or single shot handgun in either case with a barrel
length, as measured in accordance with the regulations, of less than
100 mm; or
(C) has a magazine or cylinder capacity of more than 10 rounds or a
modified magazine or cylinder capacity; or
(D) is of more than .38 calibre; or
(b) if the person who acquired the firearm was the holder of a shooting
club member's licence and had held the licence for less than 6 months;
or
(c) if—
(i) the person who acquired the firearm was the holder of a shooting club
member's licence and had held the licence for 6 months or more but less
than 12 months; and
(ii) acquisition of the firearm resulted in the person having possession
of a class H firearm or class H firearms other than—
(A) one .177 calibre air pistol or one .22 calibre rim fire
handgun (long rifle or short) or one centre fire handgun; or
(B) one .177 calibre air pistol and one .22 calibre rim fire
handgun (long rifle or short); or
(C) one .177 calibre air pistol and one centre fire
handgun.
(5) For the purposes of this section—
(a) a person takes part in the acquisition of a firearm
if—
(i) the person takes, or participates in, any step, or causes any step to
be taken, in the process of acquisition of the firearm; or
(ii) the person provides or arranges finance for any step in that process;
or
(iii) the person provides the premises in which any step in that process
is taken, or suffers or permits any step in that process to be taken in premises
of which the person is an owner, lessee or occupier or of which the person has
care, control or management; and
(b) a person takes part in the supply of a firearm if—
(i) the person takes, or participates in, any step, or causes any step to
be taken, in the process of supply of the firearm; or
(ii) the person provides or arranges finance for any step in that process;
or
(iii) the person provides the premises in which any step in that process
is taken, or suffers or permits any step in that process to be taken in premises
of which the person is an owner, lessee or occupier or of which the person has
care, control or management.
(6) Subject to this
section, the maximum penalty for a first offence against this section that
involves only 1 firearm is as follows:
(a) if the firearm is a prescribed firearm—$75 000 or
imprisonment for 15 years;
(b) if the firearm is a class C, D or H
firearm—$50 000 or imprisonment for 10 years;
(c) if the firearm is any other kind of firearm—$35 000 or
imprisonment for 7 years.
(7) Subject to this
section, the maximum penalty for—
(a) a first offence against this section that involves more than
1 firearm; or
(b) a subsequent offence against this section,
is imprisonment for 20 years.
(8) In determining whether an offence against this section is a first or
subsequent offence for the purposes of
subsection (6)
or
(7), a court must
treat—
(a) a previous offence against section 14 or 14A of this Act (as
in force from time to time before the commencement of this section), or an
offence against a corresponding previous enactment, substantially similar to the
offence in
subsection (1);
and
(b) a previous offence involving the unlawful acquisition or supply of a
firearm against corresponding legislation in another State or Territory of the
Commonwealth (whether committed before or after the commencement of this
section),
as a previous offence.
(9) A person who
has not previously been found guilty of an offence against this section may, at
the discretion of the prosecutor, be prosecuted for a summary offence against
this section except where the offence involves a prescribed firearm, but on
conviction of a summary offence against this section the maximum penalty is
$10 000 or imprisonment for 2 years.
10—Insertion
of heading to Part 3 Division 2AA
Before section 15 insert:
Division 2AA—Permit for acquisition of
firearm
11—Amendment
of section 27—Manufacture of firearms, firearm parts or
silencers
(1) Section 27(1)—delete "or firearm part" wherever occurring and
substitute in each case:
, firearm part or silencer
(2) Section 27(4)—delete "or firearm part" wherever occurring and
substitute in each case:
, firearm part or silencer
(3) Section 27(5)—delete subsection (5) and substitute:
(5) Subject to subsection (6), the maximum penalty for an offence
against this section is as follows:
(a) in the case of a firearm or firearm part—
(i) if the firearm is a prescribed firearm or the firearm part is a
firearm part for a prescribed firearm—$75 000 or imprisonment for
15 years;
(ii) if the firearm is a class C, D or H firearm or the firearm
part is a firearm part for a class C, D or H
firearm—$50 000 or imprisonment for 10 years;
(iii) if the firearm or firearm part is any other kind of firearm or
firearm part—$35 000 or imprisonment for 7 years;
(b) in the case of a silencer—$35 000 or imprisonment for
7 years.
12—Insertion
of sections 27AA and 27AAB
After section 27 insert:
27AA—Alteration of firearms
(1) A person who,
without the written approval of the Registrar—
(a) alters a firearm
that has been rendered unusable so that, as a result of the alteration, the
firearm becomes capable of being used as a firearm; or
(b) alters a firearm so that, as a result of the alteration, the firearm
becomes a firearm of a different class,
is guilty of an offence.
Maximum penalty:
(a) if the firearm as altered is a prescribed firearm—$75 000
or imprisonment for 15 years;
(b) if the firearm as altered is a class C, D or H
firearm—$50 000 or imprisonment for 10 years;
(c) if the firearm as altered is any other class of
firearm—$35 000 or imprisonment for 7 years.
(2) A person who attempts to commit an offence against
subsection (1)
is guilty of the offence of attempting to commit that offence.
Maximum penalty: $15 000 or imprisonment for 4 years.
(3) In
subsection (1)(a)—
firearm includes a device that would be a firearm within the
meaning of this Act but for the fact that it has been rendered unusable in a
manner stipulated in the regulations or by the Registrar.
27AAB—Seizure and forfeiture of equipment
etc
(1) If a police officer
suspects on reasonable grounds that an offence against section 27
or
27AA has been
committed, is being committed or will be committed, the officer may seize any
equipment, device, object or document reasonably suspected of being used, or
intended for use, for, or in connection with, the commission of the
offence.
(2) If equipment, a
device, an object or a document is seized under
subsection (1), the
Registrar may institute proceedings for forfeiture of the equipment, device,
object or document before a court of summary jurisdiction.
(3) If, in proceedings under
subsection (2),
the court is satisfied that the equipment, device, object or document was used
or intended for use for, or in connection with, the commission of an offence
against section 27 or
27AA, the court may order that
the equipment, device, object or document be forfeited to the Crown, or make
such other order for the disposal of the equipment, device, object or document
as it thinks appropriate.
(4) If a court finds a person guilty of an offence against section 27
or
27AA and the court
finds that any equipment, device, object or document was involved in the
commission of the offence, the court may order that the equipment, device,
object or document be forfeited to the Crown or be disposed of in such manner as
the court directs.
(5) If a police officer suspects on reasonable grounds that equipment, a
device, an object or a document has been forfeited to the Crown by order of a
court, the police officer may seize that equipment, device, object or
document.
(6) Equipment, a device, an object or a document seized under this section
may be held—
(i) proceedings are
instituted for—
(A) an order under this section; or
(B) an offence against section 27 or
27AA for which, or in
connection with which, the equipment, device, object or document is alleged to
have been used,
or a decision is made not to institute such proceedings; or
(ii) the expiration of 12 months after the equipment, device, object
or document was seized,
whichever first occurs;
(b) if proceedings of either kind referred to in
paragraph (a)(i)
are instituted within 12 months after the equipment, device, object or
document was seized—until those proceedings are finally
determined.
(7) The Registrar may sell or otherwise dispose of equipment, a device, an
object or a document forfeited to the Crown under this section.
(8) Subject to this Act and the regulations, the proceeds of the sale or
disposal of equipment, a device, an object or a document under this section must
be paid into the Consolidated Account.
13—Amendment
of section 29A—Possession etc of silencer and certain parts of
firearms
Section 29A(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A person who
acquires, owns or has possession of a silencer is guilty of an
offence.
(2) A person who has
possession of—
(a) a mechanism or other fitting that can be fitted to a firearm to
convert it to an automatic firearm; or
(b) a mechanism or other fitting that, when fitted to a suitable firearm,
will enable the firearm to fire grenades or other explosive
projectiles,
is guilty of an offence unless the person is authorised to have possession
of the mechanism or other fitting by a firearms licence.
(2a) Subject to this section, the maximum penalty for an offence against
subsection (1)
or
(2) is $10 000 or
imprisonment for 2 years.
(2b) The maximum penalty for an aggravated offence against
subsection (1)
or
(2) is $75 000 or
imprisonment for 15 years.
(2c) An offence against
subsection (1)
consisting of possession of a silencer is an aggravated offence if it has been
proved that—
(a) the silencer to which the offence relates was fitted to a firearm;
or
(b) the offender had physical possession or control of the silencer
together with a firearm to which the silencer could be fitted.
(2d) An offence against
subsection (2) is an
aggravated offence if it has been proved that—
(a) the mechanism or other fitting to which the offence relates was fitted
to a firearm; or
(b) the offender had physical possession or control of the mechanism or
other fitting together with a firearm to which the mechanism or other fitting
could be fitted.
14—Insertion
of sections 29B and 29BA
After section 29A insert:
29B—Possession etc of prohibited firearm
accessory
(1) A person who owns,
acquires or has possession of a prohibited firearm accessory is guilty of an
offence.
(2) Subject to this section, the maximum penalty for an offence against
this section is $10 000 or imprisonment for 2 years.
(3) The maximum penalty for an aggravated offence against this section is
$75 000 or imprisonment for 15 years.
(4) An offence against this section consisting of possession of a
prohibited firearm accessory is an aggravated offence if it has been proved
that—
(a) the accessory to which the offence relates was fitted to a firearm;
or
(b) the offender had physical possession or control of the accessory
together with a firearm to which the accessory could be fitted or in conjunction
with which the accessory could be used.
29BA—Restriction on possession etc of certain
magazines
(1) A person (other
than the holder of a licence that authorises possession of a class D
firearm or dealing in class D firearms) must not, without the written
approval of the Registrar, acquire, own or have possession of a detachable
magazine with a capacity of more than 10 rounds.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2)
Subsection (1) does
not apply in relation to a magazine of a prescribed kind.
15—Amendment
of section 32—Power to inspect or seize firearms etc
(1) Section 32(1aa)—delete subsection (1aa) and
substitute:
(1aa) If a police officer suspects on reasonable grounds that a person has
possession of a firearm, firearm part, silencer, prohibited firearm accessory,
mechanism or fitting in contravention of this Act, the police officer may seize
the firearm, firearm part, silencer, prohibited firearm accessory, mechanism or
fitting.
(2) Section 32—after subsection (1ab) insert:
(1ac) If a police officer suspects on reasonable grounds that a person has
possession of a firearm, firearm part or ammunition in contravention
of—
(a) a condition of a bail agreement under the Bail
Act 1985; or
(b) a condition of the person's release on parole under the Correctional
Services Act 1982; or
(c) a condition of the person's release on licence under the Criminal
Law (Sentencing) Act 1988; or
(d) a condition of a bond under the Criminal
Law (Sentencing) Act 1988; or
(e) a condition of the person's release on licence under the Criminal
Law Consolidation Act 1935; or
(f) a condition of the person's release on licence under the Young
Offenders Act 1993; or
(g) any other Act,
the police officer may seize the firearm, firearm part or
ammunition.
(3) Section 32(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) any vehicle, vessel or aircraft on which the police officer suspects
on reasonable grounds that there is a firearm, firearm part, silencer,
prohibited firearm accessory, mechanism, fitting, ammunition or licence liable
to seizure under this section; or
(b) any person who the police officer suspects on reasonable grounds has
possession of a firearm, firearm part, silencer, prohibited firearm accessory,
mechanism, fitting, ammunition or licence liable to seizure under this
section.
(4) Section 32(3)—delete "break into,"
(5) Section 32(3)(a)—delete paragraph (a) and substitute:
(a) there is a firearm, firearm part, silencer, prohibited firearm
accessory, mechanism, fitting, ammunition or licence liable to seizure under
this section; or
(6) Section 32(3a)—after "Registrar" insert:
or to which a person is subject by order of a court
(7) Section 32(3a)—delete "mechanism, fitting" wherever occurring
and substitute in each case:
firearm part
(8) Section 32(3b)(a)—after "applies" insert:
or to which the person is subject by order of a court
(9) Section 32—after subsection (3b) insert:
(3c) A police officer may, with such assistance as he or she considers
appropriate, use such reasonable force as is necessary to—
(a) break into any premises, vehicle, vessel or aircraft in order to gain
entry or conduct a search under this section; and
(b) if reasonably necessary for the purposes of conducting a search, break
into or open anything in or on the premises, vehicle, vessel or
aircraft.
(10) Section 32(4)—after "firearm," insert:
firearm part, silencer, prohibited firearm accessory,
16—Amendment
of section 34—Forfeiture of firearms etc
(1) Section 34(1)—after "firearm," wherever occurring
insert:
firearm part,
(2) Section 34(2)—after "firearm," wherever occurring
insert:
firearm part,
(3) Section 34(2)—after paragraph (a) insert:
(ab) the owner of the firearm, firearm part, mechanism, fitting or
ammunition is prohibited from possessing the firearm, firearm part, mechanism,
fitting or ammunition under another Act; or
(4) Section 34(2)(b) and (c)—delete "that" wherever
occurring
(5) Section 34(3)—after "firearm," wherever occurring
insert:
firearm part,
17—Amendment
of section 34A—Powers of court on finding person guilty of firearms
offence
(1) Section 34A(1)—after "firearm," wherever occurring
insert:
firearm part,
(2) Section 34A(2)—after "firearm," wherever occurring
insert:
firearm part,
(3) Section 34A(3)—delete subsection (3) and substitute:
(3) If a court makes an order that a person is subject to a firearms
prohibition order—
(a) the order operates as a firearms prohibition order in force against
the person under Part 2A; and
(b) the court may exercise the powers of the Registrar under
section 10C(15) to grant an exemption from specified provisions of that
section.
18—Amendment
of section 35—Disposal of forfeited or surrendered firearms
etc
Section 35(1)—after "firearm," insert:
firearm part,
19—Amendment
of Schedule 1—Transitional provisions and
compensation
Schedule 1—after clause 5 insert:
6—Possession or ownership of
magazines
A person who owns or has possession of a magazine to which
section 29BA applies during the period of 6 months from the
commencement of that section is to be taken not to have committed an offence
against that section provided that—
(a) the person acquired the magazine before that commencement;
and
(b) during that period, the person—
(i) obtains the written approval of the Registrar to own or have
possession of the magazine; or
(ii) surrenders the magazine to the Registrar.