Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FIREARMS (MISCELLANEOUS AMENDMENTS)
BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - FIREARMS ACT 1996 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3B inserted
3B. Meaning of "possession"
6. Section 9 amended (Possession or use of firearms)
7. Section 10 amended (Acquiring firearms)
8. Section 13A amended (Possession of ex-military firearms and
ordnance)
9. Section 16 amended (Category C firearms licence)
10. Section 17 amended (Category D firearms licence)
11. Section 18 amended (Category H firearms licence)
12. Section 21A amended (Militaria firearms licence)
13. Section 22 amended (Additional authority relating to possession)
14. Section 25 amended (Purchase and sale)
15. Section 27A inserted
27A. Use of collection firearms on certain occasions
[Bill 3]-IV
16. Section 29 amended (General restrictions on granting licence)
17. Section 29B inserted
29B. Commissioner may seek further information
18. Section 31 amended (Restrictions on granting Category C
firearms licence)
19. Section 35A inserted
35A. Variation of conditions of licence
20. Part 2, Division 5A inserted
Division 5A - Renewal of licences
36A. Renewal of licences
36B. Continuation of licence during consideration of
application for renewal
36C. General discretion of Commissioner to refuse to
renew licence or to alter or vary conditions of licence
36D. Commissioner may alter or vary conditions on
licence
36E. Review of a decision not to renew licence
36F. Disposal of firearms where licence not renewed
21. Section 37 amended (Genuine reasons)
22. Section 39 amended (Requirements relating to recreational
hunting or vermin control)
23. Section 40 amended (Requirements relating to primary
production)
24. Section 46 amended (General conditions of licence)
25. Section 47 amended (Special conditions of certain licence)
26. Section 51 amended (Cancellation of licence)
27. Section 54 amended (Surrender of licence and firearm)
28. Section 60 amended (General restrictions on granting permits)
29. Section 61 amended (Granting permit)
30. Section 70 amended (Authority of minor's permit)
31. Section 73A inserted
73A. Minor to act in accordance with permit
32. Section 74 amended (Unregistered firearms)
33. Section 83 amended (Register of firearms)
34. Section 84 amended (General requirements)
35. Sections 85 and 86 substituted
2
85. Licence holder must comply with prescribed storage
requirements
36. Section 87 amended (Firearms dealer and museum licences
requirement)
37. Section 87A amended (Militaria firearms licence requirements)
38. Section 88 amended (Seizure of firearms if storage requirements
not met)
39. Section 89 amended (Record of dealings)
40. Section 96A amended (Employment restrictions, &c.)
41. Part 6A inserted
PART 6A - Paintball
99B. Interpretation of Part
99C. Application for registration as paintball operator
99D. Period of registration
99E. Suspension or cancellation of registration
99F. Paintball employment restrictions, &c.
99G. Authority to possess and use paintball firearms
99H. Paintball offences
42. Section 101 amended (Mailing firearms outside State)
43. Section 104 amended (Conveying firearms and ammunition)
44. Section 106A inserted
106A. Advertising sale of firearm receptacles
45. Section 107A inserted
107A. Possession of stolen firearms
46. Section 109 amended (Surrender of firearms by unauthorised
persons)
47. Section 110 amended (Unsafe firearms)
48. Section 113 amended (Recklessly discharging firearm)
49. Section 118 amended (Silencers and magazines)
50. Section 119 amended (War games)
51. Section 120 amended (Restrictions relating to alcohol and drugs)
52. Section 124 substituted
124. Defacing or altering identification marks
53. Section 129 amended (Amnesty)
54. Section 133 repealed
3
55. Section 133A amended (Interpretation of Part)
56. Section 137 amended (Dangerous situations)
57. Section 141 amended (Reviews)
58. Section 149 amended (Disposal of surrendered or seized
firearms)
59. Section 157A inserted
157A. Infringement notices
60. Section 158 amended (Evidence)
61. Sections 158A and 158B inserted
158A. Medical practitioners to report firearm incidents
158B. Limitation on proceedings
62. Schedule 1 amended (Prohibited Firearms)
63. Schedule 1A inserted
SCHEDULE 1A - INFRINGEMENT NOTICE
OFFENCES
PART 3 - FORENSIC PROCEDURES ACT 2000 AMENDED
64. Principal Act
65. Section 3 amended (Interpretation)
PART 4 - REPEAL OF ACT
66. Repeal of Act
4
FIREARMS (MISCELLANEOUS AMENDMENTS)
BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 March 2015
(Brought in by the Minister for Police and Emergency
Management, the Honourable Marinus Theodoor Hidding)
A BILL FOR
An Act to amend the Firearms Act 1996
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Firearms
(Miscellaneous Amendments) Act 2015.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 3] 5
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 3 Part 2 - Firearms Act 1996 Amended
PART 2 - FIREARMS ACT 1996 AMENDED
3. Principal Act
In this Part, the Firearms Act 1996* is referred
to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d) in the definition of
ammunition:
(da) paintball pellets as defined in
section 99B; or
(b) by omitting "it;" from paragraph (g) of
the definition of firearm and substituting
"it -";
(c) by inserting the following after
paragraph (g) in the definition of firearm:
"but does not include any device
declared by the regulations not to
be a firearm;"
(d) by inserting the following definition after
the definition of firearm:
*No. 23 of 1996
6
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 4
firearm heirlooms licence means the
licence referred to in section 21;
(e) by inserting the following definition after
the definition of heirloom firearm:
imitation firearm means an article of
any material or colour that -
(a) is a copy or reproduction
of a firearm or has the
appearance of a firearm;
and
(b) could reasonably be
mistaken for a firearm;
(f) by omitting the definition of light
ordnance and substituting the following
definition:
manufacture means -
(a) any process of which the
intended outcome is the
creation of a firearm,
ordnance or firearm part
including, but not limited
to, a barrel, slide, frame,
receiver or bolt body; or
(b) in relation to a firearm
that has been rendered
incapable of being fired,
making that firearm
capable of being fired;
7
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 4 Part 2 - Firearms Act 1996 Amended
(g) by inserting the following definition after
the definition of minor's permit:
ordnance means -
(a) a bazooka, rocket
launcher or prescribed
weapon that, although not
a firearm within the
meaning of this Act, is
designed to be capable
of -
(i) being carried and
used manually;
and
(ii) firing a projectile
by non-explosive
means such as a
propellant; and
(b) a shell, rocket or other
projectile that -
(i) is designed to be
fired by a weapon
referred to in
paragraph (a); and
(ii) has not been
permanently
rendered inert; and
(c) a tank, cannon or other
similar military vehicle
8
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 5
capable of discharging a
missile or other projectile;
5. Section 3B inserted
After section 3A of the Principal Act, the
following section is inserted in Part 1:
3B. Meaning of "possession"
Without restricting the meaning of the
word possession, for the purposes of any
proceedings under this Act, a firearm is
taken to be in the possession of a person
so long as -
(a) the firearm is found in or on any
premises, structure, vehicle,
vessel, aircraft or other place; and
(b) the person is in, on, or in
occupation of, the premises,
structure, vehicle, vessel, aircraft
or place when the firearm is
found -
unless the court is satisfied that the
person did not know, and could not
reasonably be expected to have known,
that the firearm was in or on the
premises, structure, vehicle, vessel,
aircraft or place.
9
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 6 Part 2 - Firearms Act 1996 Amended
6. Section 9 amended (Possession or use of firearms)
Section 9 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) A person must not possess or use a
firearm -
(a) unless the person is the holder of
a firearms licence of the
appropriate category as specified
in Division 2 in respect of that
firearm; or
(b) for which a firearms licence is not
required under this Act.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(1A) If a person possesses or uses a prohibited
firearm -
(a) for which a firearms licence is
required under this Act, without
being the holder of a firearms
licence of the appropriate
category as specified in Division
2 in respect of that firearm; or
(b) for which a firearms licence is not
required under this Act -
10
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 7
the person is guilty of an indictable
offence punishable under the Criminal
Code.
7. Section 10 amended (Acquiring firearms)
Section 10(1) of the Principal Act is amended by
inserting "a licensed firearms dealer or" after
"is".
8. Section 13A amended (Possession of ex-military
firearms and ordnance)
Section 13A(1) of the Principal Act is amended
by omitting "light".
9. Section 16 amended (Category C firearms licence)
Section 16 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (2) does not apply in respect
of a Category C firearms licence that is
specified as being issued only for the
genuine reason of firearms collection.
10. Section 17 amended (Category D firearms licence)
Section 17 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (2) does not apply in respect
of a Category D firearms licence that is
11
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 11 Part 2 - Firearms Act 1996 Amended
specified as being issued only for the
genuine reason of firearms collection.
11. Section 18 amended (Category H firearms licence)
Section 18(4) of the Principal Act is amended by
omitting ".45" and substituting ".46".
12. Section 21A amended (Militaria firearms licence)
Section 21A of the Principal Act is amended by
omitting "light".
13. Section 22 amended (Additional authority relating
to possession)
Section 22 of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(da) cleaning, or undertaking routine
maintenance of, the firearm whilst it is in
the licensed holder's immediate custody
and control; or
14. Section 25 amended (Purchase and sale)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (a) and (b) from
subsection (2) and substituting the
following paragraphs:
12
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 15
(a) is authorised by a permit to
acquire the firearm and the
firearms dealer has seen the
permit; and
(b) is authorised by a licence to
possess the firearm and the
firearms dealer has seen the
licence.
(b) by omitting subsection (4).
15. Section 27A inserted
After section 27 of the Principal Act, the
following section is inserted in Division 4:
27A. Use of collection firearms on certain
occasions
(1) The Commissioner may grant a permit,
to the holder of a licence granted for the
genuine reason of collection, to carry or
use any firearm held under the licence at
a commemorative or historical event
approved by the Commissioner and held
on an approved range.
(2) The Commissioner may impose any
conditions on the permit that the
Commissioner considers appropriate.
(3) The conditions that the Commissioner
may impose on a permit granted under
this section may include conditions for or
in respect of -
13
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 16 Part 2 - Firearms Act 1996 Amended
(a) the circumstances in which the
Commissioner may cancel or
suspend the permit and any other
matters related to any such
cancellation or suspension; and
(b) the length or term of the permit
and any related matters.
(4) An application for a permit must be -
(a) in a form approved by the
Commissioner; and
(b) accompanied by the prescribed
fee.
(5) The holder of a permit must comply with
the terms and conditions of the permit.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
16. Section 29 amended (General restrictions on
granting licence)
Section 29(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "course;
and" and substituting "course.";
(b) by omitting paragraph (e).
14
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 17
17. Section 29B inserted
After section 29A of the Principal Act, the
following section is inserted in Division 5:
29B. Commissioner may seek further information
(1) Before granting an application for a
licence, the Commissioner may do any or
all of the following:
(a) make an inquiry or conduct an
investigation into the applicant or
the application;
(b) require the applicant to provide
any further information the
Commissioner reasonably needs
to be satisfied about the
applicant's identity or physical or
mental health including -
(i) a report from a medical
practitioner about the
applicant's physical
health; and
(ii) a report from a medical
practitioner or
psychologist about the
applicant's mental health;
(c) provide, for this section,
information or a document
relevant to the applicant's identity
to a police officer or an employee
of the Department.
15
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 17 Part 2 - Firearms Act 1996 Amended
(2) If the Commissioner suspects, on
reasonable grounds, that the applicant's
stated identity is false or misleading, the
Commissioner may require the applicant
to provide an identifying particular to
verify the applicant's identity.
(3) The applicant is taken to have withdrawn
the application if, within a period
specified by the Commissioner, the
applicant -
(a) refuses or fails to provide the
information reasonably required
under subsection (1)(b); or
(b) refuses to allow the inspection
under subsection (1)(c); or
(c) fails to comply with a
requirement under subsection (2).
(4) If information about the applicant's
mental health given under
subsection (1)(b) is provided in a medical
practitioner's or psychologist's report,
the Commissioner may -
(a) make information in the
Commissioner's possession
available to the medical
practitioner or psychologist; and
(b) ask the medical practitioner or
psychologist to provide a further
report.
16
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 17
(5) The Commissioner may make the
information available only if the
Commissioner considers, on reasonable
grounds, that -
(a) the medical practitioner or
psychologist was not aware of the
information; and
(b) the information may influence the
medical practitioner's or
psychologist's opinion about the
applicant's mental health.
(6) The Commissioner must advise the
applicant of the fact that the information
is being supplied to the medical
practitioner or psychologist.
(7) The Commissioner may make the
information available under
subsection (4) despite the provisions of
any other Act.
(8) Unless the Commissioner considers that
an identifying particular obtained in the
course of inquiries into the application is
currently required for the investigation of
an offence, the Commissioner must, after
deciding the application -
(a) either -
(i) return the identifying
particular to the applicant;
or
17
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 18 Part 2 - Firearms Act 1996 Amended
(ii) destroy the identifying
particular and notify the
applicant in writing of its
destruction; and
(b) destroy any record or copy of the
identifying particular.
(9) Information required to be supplied
under this section may be used only to
decide the application or to investigate or
prosecute an offence and must not be
disclosed for any other purpose.
(10) For the purposes of this section -
identifying particular includes -
(a) fingerprints; and
(b) DNA; and
(c) any other means by which a
person may be identified.
18. Section 31 amended (Restrictions on granting
Category C firearms licence)
Section 31(1) of the Principal Act is amended as
follows:
(a) by inserting ", animal population
control" after "that the genuine reason for
holding the licence is primary
production";
18
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 19
(b) by inserting "or animal population
control " after "if the genuine reason for
holding the licence is primary
production".
19. Section 35A inserted
After section 35 of the Principal Act, the
following section is inserted in Division 5:
35A. Variation of conditions of licence
(1) The Commissioner may, at any time,
vary or review a condition imposed on a
licence under this Part.
(2) The variation of a condition under this
section has effect when notice of that
variation is given in writing to the holder
of the licence.
(3) For the purposes of this section, notice
may be given to a person -
(a) by email or facsimile; or
(b) by leaving it at, or sending it by
post to, the person's residential or
postal address or place or address
of business or employment,
whichever is last known to the
server of the notice.
19
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 20 Part 2 - Firearms Act 1996 Amended
20. Part 2, Division 5A inserted
After section 36 of the Principal Act, the
following Division is inserted in Part 2:
Division 5A - Renewal of licences
36A. Renewal of licences
(1) Before the expiration of a licence under
this Part, the holder may apply to the
Commissioner for renewal of the licence.
(2) An application must be -
(a) in a form and manner approved
by the Commissioner; and
(b) accompanied by the prescribed
fee.
(3) An application must be accompanied by
a list of all the firearms in the possession
of the applicant.
36B. Continuation of licence during consideration
of application for renewal
If a licence holder has applied for
renewal of a licence under section 36A
and that application has not been
determined before the date of expiry of
the licence, the licence is deemed to
continue in force, on and from that date,
until the determination of the application.
20
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 20
36C. General discretion of Commissioner to
refuse to renew licence or to alter or vary
conditions of licence
(1) The Commissioner may renew or refuse
to renew a licence under this Part and, if
a licence is to be renewed, the
Commissioner may alter or vary the
conditions on the licence or impose
further conditions on the licence.
(2) The Commissioner must not renew the
licence -
(a) if the applicant can no longer
demonstrate that the genuine
reason for which the licence was
previously issued is still
applicable; or
(b) if the applicant or any responsible
person in relation to the
application is subject to a
prohibition order; or
(c) unless the Commissioner is
satisfied that -
(i) the applicant is a fit and
proper person; and
(ii) the applicant can comply
with the storage
requirements set out by or
under this Act; and
21
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 20 Part 2 - Firearms Act 1996 Amended
(iii) the renewal of the licence
is not against the public
interest; or
(d) for any other prescribed reason.
36D. Commissioner may alter or vary conditions
on licence
The Commissioner may alter or vary the
conditions on the licence -
(a) if the applicant can no longer
demonstrate that that the genuine
reason for which the licence was
previously issued is still
applicable; or
(b) for any other prescribed reason.
36E. Review of a decision not to renew licence
A person who is not the subject of a
prohibition order and who has applied for
the renewal of a licence under this Part
may apply to a magistrate for a review of
a decision of the Commissioner -
(a) not to renew that licence; or
(b) to alter or vary any of the
conditions on the licence.
22
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 20
36F. Disposal of firearms where licence not
renewed
(1) A person whose licence is not renewed
does not commit an offence under this
Part if he or she possesses or carries a
firearm held under that licence -
(a) if no application for review has
been made against the decision
not to renew the licence, for 28
days after the licence expires, for
the purposes of disposing of the
firearm; or
(b) if an application for review has
been made against the decision
not to renew the licence, for 28
days after the confirmation of the
decision, for the purposes of
disposing of the firearm.
(2) If a condition on a licence is altered or
varied under section 36D requiring a
firearm to be disposed of, the holder of
the licence does not commit an offence
under this Part, in the period of 28 days
after the date of the alteration or
variation, if he or she possesses or carries
the firearm for the purpose of disposing
of it.
(3) A person who is disposing of a firearm in
the circumstances to which
subsection (1) or (2) applies must dispose
23
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 21 Part 2 - Firearms Act 1996 Amended
of that firearm to a police officer or a
licensed firearms dealer.
Penalty: Fine not exceeding 60 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(4) This Act applies to an application for the
renewal of a licence as if it were an
application for that licence.
21. Section 37 amended (Genuine reasons)
Section 37(1) of the Principal Act is amended by
inserting after paragraph (f) the following
paragraphs:
(fa) fishing for commercial purposes within
the meaning of the Living Marine
Resources Management Act 1995;
(fb) conducting a paintball business within
the meaning of Part 6A;
22. Section 39 amended (Requirements relating to
recreational hunting or vermin control)
Section 39 of the Principal Act is amended by
omitting paragraph (b).
23. Section 40 amended (Requirements relating to
primary production)
Section 40 of the Principal Act is amended as
follows:
24
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 24
(a) by omitting ", in the case of an
application for a Category C firearms
licence";
(b) by omitting paragraph (a) and
substituting the following paragraph:
(a) be a person who is regularly
engaged -
(i) in the business of primary
production on land
owned, managed or leased
by the person; or
(ii) as an employee of such a
person; and
24. Section 46 amended (General conditions of licence)
Section 46 of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the licensee must notify the
Commissioner in an approved form of
any change in the licensee's name or
residential address within 14 days after
that change;
25. Section 47 amended (Special conditions of certain
licence)
Section 47 of the Principal Act is amended as
follows:
25
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 26 Part 2 - Firearms Act 1996 Amended
(a) by omitting paragraphs (e) and (f) from
subsection (1) and substituting the
following paragraph:
(e) the holder must not discharge a
firearm which forms part of the
collection otherwise than in
accordance with the specific
approval of the Commissioner.
(b) by inserting the following subsection
after subsection (1):
(1A) Notwithstanding
subsection (1)(d), a firearm
rendered temporarily incapable of
being fired in accordance with
subsection (1)(a) may be
temporarily rendered operable for
the purposes of undertaking
routine cleaning or maintenance,
or for participation in an
approved event in accordance
with section 27A.
26. Section 51 amended (Cancellation of licence)
Section 51 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) ", or
interim restraint order";
(b) by omitting from subsection (7)(b) "or
interim restraint order".
26
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 27
27. Section 54 amended (Surrender of licence and
firearm)
Section 54 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3) ",
ammunition and firearm parts" after
"firearm";
(b) by inserting in subsection (4)(a) ",
ammunition and firearm parts" after
"firearm";
(c) by inserting in subsection (5) ",
ammunition and firearm parts" after
"firearm";
(d) by omitting "definition of light
ordnance" from the definition of firearm
in subsection (6) and substituting
"definition of ordnance".
28. Section 60 amended (General restrictions on
granting permits)
Section 60(4) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c)
"months." and substituting "months;
and";
(b) by inserting the following paragraph after
paragraph (c):
27
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 29 Part 2 - Firearms Act 1996 Amended
(d) is satisfied that the applicant is
able to meet the storage and
safety requirements specified in
Part 5.
29. Section 61 amended (Granting permit)
Section 61 of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraph:
(b) only -
(i) after 28 days have expired after
the lodging of the application for
the permit, in the case of an
application for a permit which
has been made by a person who
does not possess a registered
firearm under a licence under this
Act; or
(ii) in any other case, after sufficient
time has expired to allow the
Commissioner to consider the
application properly, in normal
circumstances not less than 14
days after the lodging of the
application; and
30. Section 70 amended (Authority of minor's permit)
Section 70 of the Principal Act is amended as
follows:
28
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 31
(a) by omitting from subsection (1) "16" and
substituting "15";
(b) by inserting in subsection (1)(a)(i) "who
has held the licence for a continuous
period of 5 years" after "licence";
(c) by inserting in subsection (1)(b)(i)
"including, in the case of a minor who
has completed an approved firearms
safety course, shooting the firearm under
the immediate supervision of the holder
of a licence who has held the licence for
a continuous period of 5 years" after
"firearm";
(d) by omitting from subsection (2) "16" and
substituting "15".
31. Section 73A inserted
After section 73 of the Principal Act, the
following section is inserted in Division 2:
73A. Minor to act in accordance with permit
The holder of a minor's permit must not
use or possess a firearm otherwise than in
accordance with the permit.
Penalty: Fine not exceeding 5 penalty
units.
29
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 32 Part 2 - Firearms Act 1996 Amended
32. Section 74 amended (Unregistered firearms)
Section 74(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) a firearm that is registered in another
State or a Territory and that is possessed
and used in accordance with a
corresponding licence; or
33. Section 83 amended (Register of firearms)
Section 83 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(a) "the
National Exchange of Police Information
Scheme" and substituting "CrimTrac";
(b) by inserting the following subsection
after subsection (3):
(4) In this section -
CrimTrac means the CrimTrac
Agency established under
section 65 of the Public
Service Act 1999 of the
Commonwealth.
34. Section 84 amended (General requirements)
Section 84 of the Principal Act is amended as
follows:
30
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 35
(a) by inserting in subsection (1) ", firearm
part or ammunition" after "a firearm";
(b) by inserting in subsection (1) ", firearm
part or ammunition" after "the firearm";
(c) by inserting in subsection (2) ", firearm
part or ammunition" after "a firearm";
(d) by inserting in subsection (2) ", firearm
part or ammunition" after "the firearm";
(e) by inserting in subsection (3) ", firearm
part or ammunition" after "a firearm";
(f) by inserting in subsection (3) ", firearm
part or ammunition" after "the firearm";
(g) by inserting in paragraph (b) of the
penalty under subsection (3) ", firearm
part or ammunition" after "firearm".
35. Sections 85 and 86 substituted
Sections 85 and 86 of the Principal Act are
repealed and the following section is substituted:
85. Licence holder must comply with prescribed
storage requirements
(1) The holder of a Category A, Category B,
Category C or Category D firearms
licence must comply with the prescribed
requirements in respect of the storage
of -
31
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 35 Part 2 - Firearms Act 1996 Amended
(a) any firearm to which the licence
applies; and
(b) any firearm parts or ammunition
for such a firearm.
Penalty: Fine not exceeding 60 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) If the holder of a Category A, Category
B, Category C or Category D firearms
licence has possession of 10 or more
firearms, he or she must comply with the
prescribed requirements in respect of the
storage of -
(a) those firearms; and
(b) any firearm parts or ammunition
for those firearms.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(3) The holder of a Category H firearms
licence must comply with the prescribed
requirements in respect of the storage
of -
(a) any firearm to which the licence
applies; and
(b) any firearm parts or ammunition
for such a firearm.
32
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 36
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) This section does not apply to a licensee
if the licensee satisfies the Commissioner
that the licensee has provided alternative
arrangements, for the storage of firearms,
firearms parts and ammunition in the
licensee's possession, that are of a
standard not less than the prescribed
requirements.
36. Section 87 amended (Firearms dealer and museum
licences requirement)
Section 87 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (i) "firearm."
and substituting "firearm;";
(b) by inserting the following paragraphs
after paragraph (i):
(j) in the case of the holder of a
firearms dealer licence, all
ammunition that is not in the
physical possession of the holder
or any employee of the holder, or
that is not being displayed to a
customer under the immediate
continuous personal supervision
of the holder or the employee, is
to be stored in a locked receptacle
that is -
33
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 37 Part 2 - Firearms Act 1996 Amended
(i) of an approved type; and
(ii) kept separate from any
receptacle containing a
firearm;
(k) such other requirements as may
be prescribed.
37. Section 87A amended (Militaria firearms licence
requirements)
Section 87A(3) of the Principal Act is amended
as follows:
(a) by omitting "definition of light
ordnance" from the definition of
ammunition and substituting
"definition of ordnance";
(b) by omitting "definition of light
ordnance" from the definition of firearm
and substituting
"definition of ordnance".
38. Section 88 amended (Seizure of firearms if storage
requirements not met)
Section 88 of the Principal Act is amended by
omitting "ammunition or light" and substituting
"firearm part, ammunition or".
34
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 39
39. Section 89 amended (Record of dealings)
Section 89 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ",
firearm parts and ammunition" and
substituting "and firearm parts";
(b) by omitting paragraph (e) from
subsection (2);
(c) by inserting the following subsection
after subsection (5):
(6) If required to do so by the
Commissioner, a licensed
firearms dealer must keep a
record in an approved form of all
of the dealer's dealings with
ammunition.
40. Section 96A amended (Employment restrictions,
&c.)
Section 96A(6)(b) of the Principal Act is
amended as follows:
(a) by inserting "a firearms licence
cancelled or" after "had";
(b) by omitting "under this Act refused" and
substituting "refused under this Act or in
any other jurisdiction";
(c) by inserting in subparagraph (i) "hold or"
after "to";
35
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 41 Part 2 - Firearms Act 1996 Amended
(d) by omitting from subparagraph (iii)
"issue" and substituting "holding or
issuing".
41. Part 6A inserted
After section 99A of the Principal Act, the
following Part is inserted:
PART 6A - PAINTBALL
99B. Interpretation of Part
In this Part -
paintball means a game in which
paintball firearms are used to
discharge paintball pellets at
people or things;
paintball business means the business
of providing a paintball range,
paintball firearms and paintball
pellets and other things for
playing paintball;
paintball firearm means a firearm
designed to discharge paintball
pellets;
paintball pellets means pellets that -
(a) consist primarily of a dye,
paint or similar marking
substance; and
36
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 41
(b) are designed to be
discharged from a
paintball firearm;
paintball range means premises
approved for playing paintball;
proscribed person means a proscribed
person within the meaning of
section 96A(6);
registered paintball operator means a
person registered under this Part
to carry on a paintball business.
99C. Application for registration as paintball
operator
(1) A person who is the holder of a Category
A firearms licence may apply to the
Commissioner for registration as a
paintball operator.
(2) An application is to be -
(a) in an approved form; and
(b) supported by such information or
evidence as the Commissioner
requires; and
(c) accompanied by the prescribed
fee.
(3) The Commissioner may -
37
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 41 Part 2 - Firearms Act 1996 Amended
(a) approve the application, with or
without conditions; or
(b) refuse the application.
(4) The Commissioner must not approve an
application unless satisfied that -
(a) the applicant is a fit and proper
person; and
(b) the paintball range is suitable for
the operation of a paintball
business; and
(c) any paintball firearms and
paintball pellets are stored in
accordance with the requirements
of this Act when not in use.
(5) If the application is refused, the
Commissioner is to give the applicant
notice of -
(a) the refusal, together with the
reasons for the refusal; and
(b) the applicant's right of review.
(6) If the application is approved, the
Commissioner is to -
(a) give the applicant notice of the
approval; and
(b) issue the applicant with a
certificate of registration.
38
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 41
99D. Period of registration
(1) Subject to section 99E, a registration is in
force for a period of 12 months.
(2) Before its expiry, a registration may be
renewed, on application and payment of
the prescribed fee, subject to a
satisfactory inspection of the paintball
range by the Commissioner.
99E. Suspension or cancellation of registration
(1) The Commissioner may suspend the
registration of a registered paintball
operator for such period as the
Commissioner thinks fit or, following an
inquiry, cancel the registration if satisfied
that the registered paintball operator
has -
(a) contravened this Act; or
(b) contravened another Act in such a
way that calls into question the
registered paintball operator's
suitability to operate a paintball
business; or
(c) contravened a condition of
registration.
(2) If the Commissioner suspends or cancels
the registration of a registered paintball
operator, the Commissioner must give
the paintball operator notice of -
39
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 41 Part 2 - Firearms Act 1996 Amended
(a) the decision; and
(b) the reasons for the decision; and
(c) the paintball operator's right of
review.
(3) A paintball operator whose registration
has been suspended is taken, during the
period of suspension, not to be
registered.
99F. Paintball employment restrictions, &c.
(1) A registered paintball operator must not
employ a person who is not the holder of
a Category A firearms licence.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) A proscribed person must not apply for
or accept employment that gives the
proscribed person access to paintball
firearms or paintball pellets.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(3) A registered paintball operator must not
cause or allow a proscribed person to -
(a) act as an agent for the paintball
business; or
40
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 41
(b) participate in the management of
the paintball business.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(4) A proscribed person must not -
(a) act as an agent for a paintball
business; or
(b) participate in the management of
the paintball business.
Penalty: Fine not exceeding 40 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(5) It is a defence in proceedings for an
offence under subsection (1) or (3) if the
defendant establishes that, on the day of
the alleged offence, the defendant did not
know, and could not reasonably have
been expected to know, that the person to
whom the alleged offence relates was not
the holder of a Category A firearms
licence or was a proscribed person, as the
case may be.
99G. Authority to possess and use paintball
firearms
(1) An adult is authorised to possess and use
a paintball firearm if -
41
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 41 Part 2 - Firearms Act 1996 Amended
(a) the paintball firearm is in the
person's possession with the
knowledge and approval of the
registered paintball operator or an
adult employee of the operator;
and
(b) the person is playing, is about to
play, or has just finished playing,
paintball on an approved paintball
range.
(2) A person who is 16 or 17 years old
(young participant) is authorised to
possess and use a paintball firearm if the
possession and use are in accordance
with -
(a) subsection (1)(a) and (b); and
(b) the written consent of a person
with parental responsibility for
the young participant.
99H. Paintball offences
(1) A person must not operate a paintball
range that is not approved.
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) A person must not operate an approved
paintball range unless the person is a
registered paintball operator.
42
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 42
Penalty: Fine not exceeding 20 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
42. Section 101 amended (Mailing firearms outside
State)
Section 101(c) of the Principal Act is amended
by omitting "security mail" and substituting
"mail, or freight, that requires delivery in person
to the addressee and his or her signature".
43. Section 104 amended (Conveying firearms and
ammunition)
Section 104(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"circumstances." and substituting
"circumstances; and";
(b) by inserting the following paragraph after
paragraph (b):
(c) in the case of a person whose
genuine reason for possessing or
using a firearm is primary
production, or an employee of
that person, on a road that
bounds, bisects or immediately
connects property or properties
owned by that person.
43
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 44 Part 2 - Firearms Act 1996 Amended
44. Section 106A inserted
After section 106 of the Principal Act, the
following section is inserted in Division 2:
106A. Advertising sale of firearm receptacles
A person must not cause an
advertisement for the sale of a receptacle
for the storage of firearms unless the
receptacle complies with the
requirements of Part 5.
Penalty: Fine not exceeding 50 penalty
units.
45. Section 107A inserted
After section 107 of the Principal Act, the
following section is inserted in Division 2:
107A. Possession of stolen firearms
(1) A person must not have possession of a
stolen firearm.
(2) A police officer may, without warrant,
arrest any person who the police officer
has reasonable grounds for believing has
committed an offence against
subsection (1).
(3) A police officer may enter (using
reasonable force if necessary), remain on
and search premises, including a
conveyance, on or in which the police
44
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 45
officer has reasonable grounds for
believing that a stolen firearm is present.
(4) In proceedings for an offence against
subsection (1), an allegation in the
complaint that the firearm is stolen is
evidence of that matter.
(5) It is a defence to proceedings for an
offence against subsection (1) for a
person to provide a satisfactory account
for the possession or control of the
firearm.
(6) A court that convicts a person of an
offence against subsection (1), and a
court that imposes a sentence upon the
conviction of the person, must -
(a) if there are no exceptional
circumstances, order the person
to serve in respect of the offence
a term of imprisonment of not
less than 3 months; or
(b) if there are exceptional
circumstances, order the person
to pay a fine of 60 penalty units.
(7) If an order has been made, in accordance
with subsection (6), that a person must
serve in respect of an offence a term of
imprisonment of not less than 3 months,
a court must not -
(a) make any other order in respect
of the offence; or
45
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 46 Part 2 - Firearms Act 1996 Amended
(b) amend an order in respect of the
offence -
if the effect of that other order or
amendment would be that the person is
not imprisoned for a term of at least 3
months in respect of the offence.
46. Section 109 amended (Surrender of firearms by
unauthorised persons)
Section 109 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "to a police
officer or a licensed firearms dealer"
after "surrender the firearm";
(b) by inserting the following subsection
after subsection (2):
(3) A licensed firearms dealer to
whom a firearm is surrendered
under this section must deal with
the firearm in the manner
prescribed by the regulations.
Penalty: Fine not exceeding 50
penalty units or
imprisonment for a term
not exceeding 12 months,
or both.
46
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 47
47. Section 110 amended (Unsafe firearms)
Section 110 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) Notwithstanding subsection (1), the
following people may have possession of
a firearm that is unsafe:
(a) the holder of a firearms dealer
licence, if the possession is -
(i) in the ordinary course of
his or her business; or
(ii) for the purpose of
repairing the firearm;
(b) the holder of a firearms licence, if
the possession is for the genuine
reason of firearms collection;
(c) the holder of a firearms museum
licence, if the possession is in the
ordinary course of storing,
exhibiting or showing the
firearm.
48. Section 113 amended (Recklessly discharging
firearm)
Section 113 of the Principal Act is amended by
omitting subsection (1).
47
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 49 Part 2 - Firearms Act 1996 Amended
49. Section 118 amended (Silencers and magazines)
Section 118(1) of the Principal Act is amended
by inserting ", whether or not the implement
forms part of the firearm or can be attached to,
or removed from, the firearm" after "firearm".
50. Section 119 amended (War games)
Section 119(4) of the Principal Act is amended
by inserting "or to the operation of a paintball
business in accordance with Part 6A" after
"purposes".
51. Section 120 amended (Restrictions relating to
alcohol and drugs)
Section 120 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "handle"
and substituting "have physical
possession of";
(b) by inserting in subsection (2) "physical"
after "not sell or give";
(c) by inserting in subsection (2)(b)
"physical" after "give";
(d) by inserting the following subsection
after subsection (2):
(3) For the purposes of this section, a
firearm is in a person's physical
possession if it is under the
48
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 52
immediate physical control of the
person and is not secured in
accordance with the requirements
of this Act.
52. Section 124 substituted
Section 124 of the Principal Act is repealed and
the following section is substituted:
124. Defacing or altering identification marks
(1) A person must not, either intentionally or
recklessly, deface or alter any number,
letter or identification mark on any
firearm or firearm part.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 years, or both.
(2) A person must not possess any firearm,
or firearm part, on which any number,
letter or identification mark has been
defaced or altered.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 3 years, or both.
(3) If, at any time, a number, letter or
identification mark on a firearm is
defaced or altered, the firearm is -
(a) if it was registered at that time,
automatically de-registered but
may be re-registered if the
49
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 53 Part 2 - Firearms Act 1996 Amended
Commissioner considers it
appropriate; or
(b) if it was not registered at that
time, incapable of being
registered.
53. Section 129 amended (Amnesty)
Section 129 of the Principal Act is amended by
omitting "any offence relating to".
54. Section 133 repealed
Section 133 of the Principal Act is repealed.
55. Section 133A amended (Interpretation of Part)
Section 133A of the Principal Act is amended as
follows:
(a) by omitting "definition of light
ordnance" from the definition of
ammunition and substituting
"definition of ordnance";
(b) by omitting "definition of light
ordnance" from the definition of firearm
and substituting
"definition of ordnance".
50
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 56
56. Section 137 amended (Dangerous situations)
Section 137 of the Principal Act is amended by
omitting "to a" and substituting "to themselves
or another".
57. Section 141 amended (Reviews)
Section 141(1) of the Principal Act is amended
as follows:
(a) by inserting the following paragraph after
paragraph (b):
(ba) any variation of a condition under
section 35A; or
(b) by inserting the following paragraphs
after paragraph (d):
(da) a refusal to grant an application
under section 99C; or
(db) the suspension or cancellation of
a registration under section 99E;
or
58. Section 149 amended (Disposal of surrendered or
seized firearms)
Section 149 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (2):
51
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 58 Part 2 - Firearms Act 1996 Amended
(2A) A magistrate may make an order
under subsection (2)(a) if
satisfied that -
(a) the owner of the firearm
or ammunition -
(i) is not authorised
by or under this
Act to be in
possession of the
firearm or
ammunition; and
(ii) has failed to
provide an
alternative method
of disposal for the
firearm or
ammunition
within a
reasonable time;
or
(b) the whereabouts of the
owner of the firearm or
ammunition has not been,
and is not likely to be,
ascertained by reasonable
inquiry; or
(c) the owner of the firearm
or ammunition has failed
to comply with the
requirements of this Act
52
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 59
in relation to that firearm
or ammunition.
(2B) If a person is convicted of an
offence against any one or more
of the following provisions, the
firearm used in relation to the
offence is to be forfeited to the
Crown:
(a) section 111;
(b) section 112;
(c) section 113(2);
(d) section 114;
(e) section 14B(2A)(a) of the
Police Offences Act 1935.
(b) by omitting from subsection (3A)
"Minister" and substituting
"Commissioner";
(c) by omitting "definition of light
ordnance" from the definition of
ammunition in subsection (7) and
substituting "definition of ordnance";
(d) by omitting "definition of light
ordnance" from the definition of firearm
in subsection (7) and substituting
"definition of ordnance".
53
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 59 Part 2 - Firearms Act 1996 Amended
59. Section 157A inserted
After section 157 of the Principal Act, the
following section is inserted in Part 11:
157A. Infringement notices
(1) Where a police officer is satisfied that a
person has committed a prescribed
offence, he or she may serve on that
person an infringement notice in respect
of that offence by delivering it to that
person or by sending it to that person by
post.
(2) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
(3) For the purposes of subsection (1), an
offence specified in Schedule 1A is a
prescribed offence.
(4) The penalties listed in Column 4 of
Schedule 1A are the prescribed penalties
for the offences listed in Column 3 of
that Schedule to which they respectively
relate.
60. Section 158 amended (Evidence)
Section 158 of the Principal Act is amended by
inserting after paragraph (h) the following
paragraph:
54
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 61
(ha) that a specified firearm was a specified
category of firearm, whether registered
or not, on a specified day or during a
specified period;
61. Sections 158A and 158B inserted
After section 158 of the Principal Act, the
following sections are inserted in Part 11:
158A. Medical practitioners to report firearm
incidents
(1) If a medical practitioner, or other person
prescribed for the purposes of this
subsection, has reasonable cause to
suspect, in relation to a person whom he
or she has seen in his or her professional
capacity, that the person is suffering from
a wound inflicted by a firearm, the
medical practitioner, or other prescribed
person, must make a report to a police
officer under this section.
Penalty: Fine not exceeding 50 penalty
units.
(2) A report under this section -
(a) must be made as soon as
practicable after the suspicion is
formed; and
(b) must include -
(i) the name and address of
the person who is the
55
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 61 Part 2 - Firearms Act 1996 Amended
subject of the suspicion
or, if the name and
address are not known, a
description of the person;
and
(ii) details of the wound; and
(iii) any information provided
to the practitioner or other
person about the
circumstances leading to
the infliction of the
wound.
(3) If a medical practitioner, or other person
prescribed for the purposes of this
subsection, treats a person for a wound
that the practitioner or person has
reasonable cause to suspect was inflicted
by a firearm, the practitioner or person
must take reasonable steps to retain any
ammunition or fragment of ammunition
recovered from the wound until it can be
collected by a police officer.
(4) A person incurs no civil or criminal
liability in taking action in good faith in
compliance, or purported compliance,
with this section.
158B. Limitation on proceedings
A complaint in relation to an offence
under this Act, other than section 9(1A),
11, 110A, 115 or 120A, is to be made
56
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 62
within 12 months after the date of the
offence.
62. Schedule 1 amended (Prohibited Firearms)
Schedule 1 to the Principal Act is amended by
inserting after
10. A prohibited pistol.
the following items:
11. Any ex-military firearm.
12. Any ordnance.
63. Schedule 1A inserted
After Schedule 1 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 1A - INFRINGEMENT NOTICE
OFFENCES
Section 157A
Section of Description of offence Penalty
Act (Penalty
units)
1. 23(2) Fail to provide document 2
within required period
2. 48 Fail to comply with 5
conditions of licence
57
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 63 Part 2 - Firearms Act 1996 Amended
Section of Description of offence Penalty
Act (Penalty
units)
3. 82 Fail to produce registered 2
firearm
4. 91 Alter dealings record 2
otherwise than by
interlineation or striking out
5. 92 Fail to provide copy of 5
dealings record on ceasing
to hold dealer licence
6. 93(1) Fail to forward quarterly 5
return
7. 93A(2) Fail to provide business 4
management declaration
8. 94(1) Fail to affix label 2
9. 95(1) Fail to notify of loss, theft 2
or destruction of firearm
10. 96(2) Fail to provide particulars 2
as requested
11. 97 Display firearm otherwise 5
than in accordance with
requirements
12. 98(1) Repair firearm without 2
seeing licence, permit or
certificate of registration
58
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 2 - Firearms Act 1996 Amended s. 63
Section of Description of offence Penalty
Act (Penalty
units)
13. 98(2) Repair firearm that is not 5
registered
14. 99 Fail to keep records safe as 2
required
15. 106 Advertise sale of firearm 2
otherwise than as required
16. 108(2) Person carrying firearm fail 5
to state name and place of
residence
17. 122(1) Fail to produce licence or 5
permit for inspection
18. 122(2) Holder of licence or permit 5
fail to state name and place
of residence
19. 138(2) Fail to provide information 1
as requested
20. 147(7) Fail to comply with 2
obligations as keeper of
firearm
59
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
s. 64 Part 3 - Forensic Procedures Act 2000 Amended
PART 3 - FORENSIC PROCEDURES ACT 2000
AMENDED
64. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
65. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting paragraph (ba) from the definition of
serious offence and substituting:
(ba) against section 9(1), 74(1), 107A(1),
111(1), 112(1), 113(2) or 114(1) of the
Firearms Act 1996; or
*No. 101 of 2000
60
Firearms (Miscellaneous Amendments) Act 2015
Act No. of
Part 4 - Repeal of Act s. 66
PART 4 - REPEAL OF ACT
66. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 61