Firearms Amendment Act 2007

Firearms Amendment Act 2007

No. 50 of 2007

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

Part 2—Amendment of Firearms Act 1996 3

3 Definitions 3

4 New section 3A inserted 5

3A Declarations by the Chief Commissioner for the purposes of certain definitions 5

5 Reasons for applying for longarm licence, categoryA or B 7

6 Issue of handgun licences for general category handguns 7

7 Conditions applying to handgun licences 8

8 General discretion of Chief Commissioner to refuse a longarm
or handgun licence 9

9 Issue of category 1 firearms collectors licences 9

10 Issue of category 2 firearms collectors licences 10

11 Issue of antique handgun collectors licences 10

12 New section 32A inserted 11

32A Chief Commissioner may refuse to make a decision
on an application for a licence 11

13 New sections 33A, 33B and 33C inserted 11

33A Notice that licence may be refused 11

33B Further consideration of application and convening
of hearing 12

33C Refusal of licence 13

14 Duration of licences 13

15 Immediate cancellation of a licence 14

16 New section 47A inserted 14

47A Suspension of licence—certain prohibited persons 14

17 Power of Chief Commissioner to cancel licence under this
Part 14

18 New section 52AA inserted 15

52AA Chief Commissioner to notify approved handgun
target shooting club or employer of certain events 15

19 Surrender of handguns where certain conditions of category1
or category2 firearms collectors licence not complied with 16

20 Disclosure of information 17

21 Permits to display firearms or ammunition collections 18

22 New section 56A inserted 18

56A Permits to display firearms or ammunition
collections—Approved firearms collectors clubs 18

23 Permits to carry or use firearms held under a collectors
licence 21

24 New section 58AAA inserted 21

58AAA Permits to carry or use firearms held under a
collectors licence—approved firearms collectors clubs 21

25 Requirement to keep register of transactions 23

26 Power to inspect register and stock 24

27 New section 100A inserted 24

100A Hiring and loaning of firearms by licensed firearms dealers 24

28 Application for a permit to acquire 24

29 Keeping of register 25

30 Certificate of registration 25

31 Power of Chief Commissioner to require information 25

32 Approved handgun target shooting clubs—Record keeping requirements 26

33 Approved handgun target shooting clubs—Requirements as
to members 26

34 Approved firearms collectors clubs—Requirements as to members and former members 27

35 Offence to possess, carry or use a firearm on private property without consent 27

36 Certain offences as to firearms, firearm parts, silencers and prescribed items 28

37 Requirement to obtain consent of Chief Commissioner to
certain alterations of firearms 28

38 New section 134AB inserted 29

134AB Offence to possess or carry certain parts without the consent of the Chief Commissioner 29

39 Section 139 substituted 29

139 Notification of change of certain details 29

40 Making false or misleading statements or using false or misleading information 30

41 Search of persons or vehicles 30

42 Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items 30

43 Power of court to make an order with respect to the disposal
of a firearm, cartridge ammunition, silencer or prescribed item 31

44 Authorised officers under the Conservation, Forests and
Lands Act1987 to exercise powers under this Act 31

45 Annual reports 31

46 New section 175 inserted 32

175 Service of notices 32

47 Deceased estates 32

48 Disclosure of information 33

49 Interstate licence holders—temporary visitors 33

50 Interstate licence holders—permanent residents 35

51 Indictable offences 35

52 Transitional provision—handgun security guard licence 35

53 New section 211 inserted 36

211 Transitional provisions—Firearms Amendment Act2007 36

54 Schedule 1 amended 38

55 Schedule 2 amended 38

3A Handgun licences for general category handguns—operators of private security businesses 38

56 Schedule 4 amended 38

Part 3—Amendment of Other Acts 40

57 Crimes Act 1958 40

58 Firearms (Further Amendment) Act 2005 40

59 Magistrates' Court Act 1989 41

Part 4—Repeal of Amending Act 42

60 Repeal of Act 42

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Endnotes 43

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Section Page

Victoria

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Section Page

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Section Page

Firearms Amendment Act 2007[(]

No. 50 of 2007

[Assented to 17 October 2007]

iii

Firearms Amendment Act 2007
No. 50 of 2007

The Parliament of Victoria enacts:

Part 4—Repeal of Amending Act

Firearms Amendment Act 2007
No. 50 of 2007

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to amend the Firearms Act 1996 to further provide for various matters relating to the regulation of firearms in Victoria, including—

(i) licences under Part 2;

(ii) handgun target shooting and approved handgun target shooting clubs;

(iii) firearms and the private security industry;

(iv) the storage of firearms;

(v) hunting on Crown land;

(vi) firearms collectors;

(vii) firearms dealers;

(viii) prohibited persons;

(ix) investigation, seizure and forfeiture of firearms;

(x) recognition of certain interstate firearms licences and permits;

(xi) regulation of imitation firearms; and

(b) to amend the Crimes Act 1958 to make further provision regarding the use of firearms in the commission of offences; and

(c) to amend the Magistrates' Court Act 1989 to enable certain indictable offences under the Firearms Act 1996 to be heard and determined summarily.

2 Commencement

s. 2

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 September 2008, it comes into operation on that day.

______

Part 2—Amendment of Firearms Act 1996

3 Definitions

s. 3

See:
Act No.
66/1996.
Reprint No. 4
as at
11 October 2006
and amending
Act Nos 78/2005, 97/2005, 23/2006, 48/2006 and 28/2007.
LawToday:
www.
legislation.
vic.gov.au

(1) In section 3(1) of the Firearms Act 1996—

(a) insert the following definitions—

"armed guard activity means the activity, performed by a person acting as a security guard, of protecting, watching or guarding any property while being in possession of a firearm;

cash-in-transit activity means the activity, performed by a person acting as a security guard, of collecting, transferring or delivering cash or other valuables;

private security business means a business that is carried on by the holder of a private security business licence under Part 3 of the Private Security Act 2004;";

(b) for the definition of antique handgun substitute—

"antique handgun means a handgun—

(a) that was manufactured before 1January 1900; and

(b) that uses percussion as a means of ignition; and

"(f) any other firearm that is declared under section 3A(1) to be a category D longarm;";

(d) after paragraph (b) of the definition of category E handgun insert—

"(c) any other firearm that is declared under section 3A(1) to be a category E handgun;";

(e) after paragraph (e) of the definition of category E longarm insert—

s. 3

"(f) any other firearm that is declared under section 3A(1) to be a category E longarm;";

(f) in paragraph (c) of the definition of firearm, after "gunpowder" insert "or compressed air or other gases";

(g) in the definition of prohibited person—

(i) in paragraph (a)(iii), for "—" substitute "; or"; and

(ii) after paragraph (a)(iii) insert—

"(iiia) an offence under the Control of Weapons Act 1990—".

(2) In section 3(2) of the Firearms Act 1996, for "which has the appearance of a longarm but" substitute "the appearance of which could not reasonably be mistaken for that of an operable longarm or handgun and".

(3) For section 3(4)(b) of the Firearms Act 1996 substitute—

"(b) the firearm—

(i) is not a handgun of a type that uses percussion, or methods developed during or after the development of percussion, as a means of ignition; or

(ii) is a single shot antique handgun.".

4 New section 3A inserted

s. 4

After section 3 of the Firearms Act 1996 insert—

"3A Declarations by the Chief Commissioner for the purposes of certain definitions

(1) The Chief Commissioner may, for the purposes of—

(a) paragraph (f) of the definition of category D longarm; or

(b) paragraph (c) of the definition of category E handgun; or

in consultation with the Minister, by instrument, declare a firearm or type of firearm to be a category D longarm, a category E handgun or a category E longarm (as the case may be).

(2) The Chief Commissioner must cause a declaration made under subsection (1) to be published in the Government Gazette as soon as practicable after the declaration is made.

(3) A declaration under subsection (1) remains in force for a period of 12 months from the day on which it is published unless it is revoked during that time by the Chief Commissioner.

(4) The Chief Commissioner must notify each person whom the Chief Commissioner is aware is in possession of a firearm to which a declaration under subsection (1) applies of the declaration.

(5) The Chief Commissioner must not make a declaration referred to in subsection (1) in respect of the same type of firearm more than once.

s. 4

(6) If the Chief Commissioner makes a declaration under subsection (1) declaring a firearm or a type of firearm to be of a particular category and there is in force a regulation prescribing another category for the firearm or type of firearm—

(a) the declaration has effect despite the regulation; and

(b) the regulation is to be taken to have no force or effect for so long as the declaration is in force.

(7) In any proceeding for an offence under section 6(4), 6(5) or 7(2) in respect of a firearm that is declared to be a category D longarm, a category E handgun or a categoryE longarm, it is a defence to the charge if the person has not been notified by the Chief Commissioner of the declaration under subsection (4).".

5 Reasons for applying for longarm licence, categoryA or B

s. 5

In section 10(2) of the Firearms Act 1996—

(a) in paragraph (d)(i), after "Private Security Act 2004" insert "that authorises him or her to perform armed guard activities or cash-in-transit activities";

(b) in paragraph (d)(ii), after "produce evidence that" insert "the applicant has a genuine need for the licence because".

6 Issue of handgun licences for general category handguns

(1) In section 15(1) of the Firearms Act 1996—

(a) for "a general category handgun" substitute "general category handguns";

(b) after paragraph (a) insert—

"(ab) for the carrying on of a private security business that provides the services of armed guard activities or cash-in-transit activities;".

(2) In section 15(2) of the Firearms Act 1996—

(a) in paragraph (a)(i), after "Private Security Act 2004" insert "that authorises the applicant to perform armed guard activities or cash-in-transit activities";

(b) in paragraph (a)(ii)—

(i) after "produce evidence that" insert "the applicant has a genuine need for the licence because";

(ii) for "handgun;" substitute "handgun; and";

"(iii) in the case of a person who carries on a private security business that provides the services of armed guard activities or cash-in-transit activities, produce evidence that the applicant has a genuine need for the licence because the nature of the private security business the person carries on is such as to require the carriage and use of one or more general category handguns;".

(3) In section 15(4)(a) of the Firearms Act 1996, before "must not" insert "in the case of an employee of a private security business,".

(4) After section 15(4)(a) of the Firearms Act 1996 insert—

"(ab) in the case of an operator of a private security business, must not issue the licence for more general category handguns than are, in the opinion of the Chief Commissioner, reasonably necessary for the operation of the business; and".

7 Conditions applying to handgun licences

s. 7

For section 16(5)(c) of the Firearms Act 1996 substitute—

"(c) for each specified class of handgun in which the holder possesses, carries or uses handguns in the whole or any part of the calendar year, at least 4 of the following—

(i) handgun target shoots; or

(ii) approved handgun target shooting matches; or

(iii) a combination of handgun target shoots and handgun target shooting matches—

for that class of handgun that take place on at least 4 separate days; and".

8 General discretion of Chief Commissioner to refuse a longarm or handgun licence

s. 8

After section 17(c) of the Firearms Act 1996 insert—

"(ca) if—

(i) the applicant has surrendered a handgun licence; and

(ii) the applicant has received compensation for the surrender of a handgun held under that licence; and

(iii) the applicant does not require the licence for the reason set out in section 15(1)(a) or 15(1)(c)—

during a period of 5 years from the date of the surrender of the licence; or".

9 Issue of category 1 firearms collectors licences

In section 21(1) of the Firearms Act 1996—

(a) in paragraph (b), for "—" substitute "; and";

(b) after paragraph (b) insert—

"(c) handguns that have been manufactured before 1900, that use percussion as a means of ignition and that take cartridge ammunition that is commercially available; and

(d) antique handguns (that are not single shot antique handguns)—".

10 Issue of category 2 firearms collectors licences

s. 10

For section 21A(1) of the Firearms Act 1996 substitute—

"(1) The Chief Commissioner may licence a person to possess or carry—

(a) longarms; and

(b) handguns that have been manufactured on or after 1 January 1947; and

(d) handguns that have been manufactured before 1900, that use percussion as a means of ignition and that take cartridge ammunition that is commercially available; and