[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Possession of Firearms and Prohibited
Weapons) Bill 2017
A BILL FOR
An Act to amend the
Firearms
Act 2015
and the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Firearms
Act 2015
4Amendment of section 12—Licence categories
and authorised purposes
5Amendment of heading to Part 6
6Amendment of section 45—Effect of firearms
prohibition order
Part 3—Amendment of Summary Offences
Act 1953
7Amendment of section 21I—Effect of
weapons prohibition order
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Possession of Firearms
and Prohibited Weapons) Act 2017.
This Act will come into operation immediately after the
Firearms
Act 2015
comes into operation, or on the day on which this Act is assented to by
the Governor, whichever is the later.
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 2015
4—Amendment
of section 12—Licence categories and authorised
purposes
Section 12(1)—after paragraph (b) insert:
or
(c) manufacture firearms or firearm parts.
5—Amendment
of heading to Part 6
Heading to Part 6—delete "and ammunition" and substitute:
, ammunition and related items
6—Amendment
of section 45—Effect of firearms prohibition order
Section 45(16)(a)—delete paragraph (a) and substitute:
(a) if a person to whom a firearms prohibition order
applies—
(i) is on or in premises or a vehicle, vessel or aircraft (other than any
premises, vehicle, vessel or aircraft to which the public are admitted) when a
firearm, a firearm part, a sound moderator or ammunition (a relevant
item) is on or in, or in the immediate vicinity of, the premises,
vehicle, vessel or aircraft; or
(ii) was on or in premises or a vehicle, vessel or aircraft (other than
any premises, vehicle, vessel or aircraft to which the public are admitted)
immediately before a relevant item was on or in, or in the immediate vicinity
of, the premises, vehicle, vessel or aircraft,
the person will be taken to possess the relevant item unless it is proved
that the person did not know, and could not reasonably be expected to have
known, that the relevant item was on or in, or in the immediate vicinity of, the
premises, vehicle, vessel or aircraft; and
Part 3—Amendment
of Summary Offences
Act 1953
7—Amendment
of section 21I—Effect of weapons prohibition order
Section 21I(10)—delete subsection (10) and substitute:
(10) For the purposes of this section, if a person to whom a weapons
prohibition order applies—
(a) is on or in premises or a vehicle, vessel or aircraft (other than any
premises, vehicle, vessel or aircraft to which the public are admitted) when a
prohibited weapon is on or in, or in the immediate vicinity of, the premises,
vehicle, vessel or aircraft; or
(b) was on or in premises or a vehicle, vessel or aircraft (other than any
premises, vehicle, vessel or aircraft to which the public are admitted)
immediately before a prohibited weapon was on or in, or in the immediate
vicinity of, the premises, vehicle, vessel or aircraft,
the person will be taken to possess the prohibited weapon unless it is
proved that—
(c) the person has notified the Commissioner of the presence of the weapon
in accordance with subsection (7); or
(d) the person did not know, and could not reasonably be expected to have
known, that the weapon was on or in, or in the immediate vicinity of, the
premises, vehicle, vessel or aircraft.