{"id":"firearms-act-1997","name":"Firearms Act 1997","slug":"firearms-act-1997","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30125,"registerId":"nt-firearms-act-1997-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"10A","sectionType":"section","heading":"General restrictions on grant of firearms dealer licence,","content":"10A General restrictions on grant of firearms dealer licence,\nfirearms corporate licence, firearms museum licence and\nfirearms club licence ...................................................................... 20\n11 Genuine reason for licence ............................................................ 20\n12 Form of licence .............................................................................. 21\n13 General conditions of licence......................................................... 21\n14 Period of licence ............................................................................ 22\nDivision 3 Shooter's licence\n15 Shooter's licence ........................................................................... 23\n\nFirearms Act 1997 ii\n15A Category H sports shooter's licence .............................................. 23\n15B Procedure for obtaining licence ..................................................... 23\n15C Conditions of licence ..................................................................... 24\n16 Firearms dealer licence ................................................................. 24\n16A Information about close associates of firearms dealers ................. 24\n16B Possession of firearms held under firearms dealer licence ........... 26\n17 Security measures required by dealer ........................................... 26\n18 Records and returns to be kept by dealers .................................... 27\n19 Production of firearms ................................................................... 28\n21 Interstate transactions between dealers ........................................ 28\n22 Firearms armourer licence ............................................................. 28\n22A Records to be kept by firearms armourer ...................................... 29\n23 Production of firearms and records................................................ 29\n24 Firearms collector licence .............................................................. 30\n25 Use of firearm under firearms collector licence.............................. 30\nDivision 6A Antique firearms collector licence\n25A Antique firearms collector licence .................................................. 31\n26 Firearms corporate licence ............................................................ 31\nDivision 9 Firearms club junior licence\n28 Firearms club junior licence ........................................................... 32\n29 Firearms museum licence.............................................................. 32\n29A Possession of firearms held under firearms museum licence ........ 32\nDivision 11 Firearms heirloom licence\n30 Firearms heirloom licence.............................................................. 33\n\nFirearms Act 1997 iii\n30A Firearms club licence ..................................................................... 33\n30B Records to be kept by firearms clubs ............................................ 33\n30C Firearms instructor licence............................................................. 34\nDivision 13A Firearms employee licence\n30CA Firearms employee licence ............................................................ 35\nSubdivision 1 Paintball operator licences\n30D Effect of licence ............................................................................. 35\n30E Effect of licence ............................................................................. 35\n30F Licence expires if holder ceases to be employee .......................... 36\n30G Disclosure of information by Commissioner to approved\npaintball operator ........................................................................... 36\n31 Grant of permits ............................................................................. 36\n32 Application for permit ..................................................................... 38\n33 General restrictions on granting permits ........................................ 39\n33A Possession and use of firearms by international competitors ........ 41\n34 General provisions relating to permits ........................................... 41\n35 Permits to purchase or acquire firearms ........................................ 42\n35A Permits for category H sports shooters ......................................... 43\n35B Limits on firearm ownership under category H sports shooter's\nlicence ........................................................................................... 44\n35C Permits under firearms collector licence ........................................ 45\n35D Restriction on granting paintball operator permit ........................... 45\n36 Registration of firearms ................................................................. 46\n37 Duration of registration .................................................................. 46\nPart 6 Surrender or revocation of licences,\npermits and certificates of registration\n38 Suspension of licence, permit or registration ................................. 47\n39 Suspension on making of interim domestic violence order ............ 48\n\nFirearms Act 1997 iv\n40 Revocation of licence, permit or registration .................................. 48\n40A Revocation on basis of criminal intelligence .................................. 51\n40B Seizure of firearms on revocation .................................................. 51\n41 Surrender by holder ....................................................................... 52\n42 Suspension by police officer or Commissioner .............................. 52\n43 Refusal or revocation by Commissioner ........................................ 53\n44 Disposal of firearms ....................................................................... 53\n45 Delivery of firearms to Commissioner for safekeeping .................. 54\n46 Storage and safe keeping requirements ........................................ 54\n47 Seizure of firearms if storage requirements not met ...................... 55\nPart 8 Premises used by firearms clubs, for\nshooting activities and paintball ranges\n48 Premises used by firearms clubs and for shooting activities ......... 55\n49 Approval of premises used by firearms clubs and for shooting\nactivities ......................................................................................... 56\n49A Approval of premises for use as paintball range ............................ 56\n49B Definitions ...................................................................................... 57\n49C Meaning of firearm related item ..................................................... 58\n49D Meaning of prohibited premises..................................................... 58\n49E Firearm prohibition order ............................................................... 59\n49F Considerations in making firearm prohibition order ....................... 59\n49G Form and content of order ............................................................. 59\n49H Duration of order............................................................................ 60\n49J Service of order ............................................................................. 60\n49K Cancellation or suspension of licences, permits and\ncertificates ..................................................................................... 61\n49L Review by NTCAT – firearm prohibition orders ............................. 62\n49M Further right to apply for review by NTCAT ................................... 63\n49N Confidentiality of classified information .......................................... 63\n\nFirearms Act 1997 v\nDivision 4 Offences in relation to firearm prohibition\norders\n49P Offence to contravene firearm prohibition order ............................ 64\n49Q Offence to engage in conduct resulting in another person\ncontravening firearm prohibition order ........................................... 65\n49R Offence to be at prohibited premises ............................................. 65\n49S Offence to reside at premises where there are firearms or\nfirearm related items ...................................................................... 65\n49T Offence to be in company of person using firearm or firearm\nrelated item .................................................................................... 66\n49U Search of person to whom firearm prohibition order relates\nwithout warrant or consent............................................................. 66\n49V Search of associate without warrant or consent ............................ 67\n49W Search of premises, vehicles, aircraft or vessels without\nwarrant or consent ......................................................................... 68\n49X Search of person at premises, vehicles, aircraft or vessels\nwithout warrant or consent............................................................. 70\n49Y Requirement to give name and address ........................................ 71\n49Z Dealing with firearms or firearm related items surrendered or\nseized under this Part .................................................................... 71\n49ZA Sale, disposal or return of firearms or firearm related items\nsurrendered or seized under this Part ........................................... 72\nDivision 6 Review of operation of Part\n49ZB Review of operation of Part ........................................................... 73\n50 Review by NTCAT – general ......................................................... 73\n51 Constitution of NTCAT for review proceedings .............................. 74\n55 Firearms Advisory Council ............................................................. 74\n56 Functions and powers of Council................................................... 75\n57 Meetings of Council ....................................................................... 75\n58 Possession or use of firearms ....................................................... 76\n58A Obligation of supervisor ................................................................. 78\n58B Obligation of firearms club ............................................................. 78\n\nFirearms Act 1997 vi\nDivision 2 Offences relating to registration\n59 Firearms to be registered............................................................... 79\n60 Alteration of certificate of registration ............................................ 79\n60A Conspiring to commit and aiding etc. commission of offence\noutside Territory............................................................................. 79\n60B Definition........................................................................................ 80\n60C Prohibition of carrying on business of paintball operator\nwithout authority ............................................................................ 80\n60D Information about close associates, representatives and\nemployees ..................................................................................... 80\n60E Records and returns ...................................................................... 81\n60F Prohibition on employing certain persons ...................................... 82\n60G Production of firearms ................................................................... 82\n60H Possession and use of paintball firearm only at approved\npaintball range ............................................................................... 82\n60J Restrictions on children playing paintball ....................................... 83\n60K Paintball player must sign declaration and give identification ........ 83\n60L Certain persons prohibited from playing paintball .......................... 84\n61 Manufacture of firearms ................................................................. 84\n61A Repair or modification of firearms .................................................. 85\n62 Purchase of firearms ..................................................................... 85\n63 Sale of firearms ............................................................................. 86\n63A Trafficking in firearms .................................................................... 88\n63B Advertising firearm for sale ............................................................ 89\n64 Use of mail for sending firearms .................................................... 89\n65 Use of mail for sending firearms outside the Territory ................... 90\n66 Transporting firearms .................................................................... 91\n67 Disposal of firearms by unauthorised holders ................................ 92\n68 Altering firearms ............................................................................ 92\n68A Sale and purchase of ammunition ................................................. 92\n69 Possession of ammunition ............................................................. 93\n70 Pawning of firearms prohibited ...................................................... 93\n71 Misuse of licences and permits...................................................... 93\n73 Hiring or leasing firearms ............................................................... 94\n74 Alteration of identification marks .................................................... 94\n75 Toy guns ........................................................................................ 95\n76 Unsafe firearms ............................................................................. 95\n77 Silencers and machine-guns ......................................................... 95\n78 Carrying firearms in public places.................................................. 96\n\nFirearms Act 1997 vii\n79 Discharge of firearms on certain land ............................................ 97\n80 Possession of firearms on certain land .......................................... 97\n81 Restriction on possession and use of firearms on certain\nvacant Crown land ......................................................................... 98\n82 Discharge of firearms on roads...................................................... 98\n83 Prohibited use of firearms .............................................................. 99\n84 Discharge of firearm causing danger ............................................. 99\n85 Breach of conditions ...................................................................... 99\n86 Persons under influence of alcohol or drugs.................................. 99\n87 Delivery of firearms to certain persons .......................................... 99\n88 Delivery of firearms to unlicensed persons .................................. 100\n89 False or misleading statements ................................................... 100\n90 Matters to be notified ................................................................... 100\n91 Requirements and directions to be complied with ....................... 101\n91A Notice of change of representative of certain licence and\npermit holders .............................................................................. 101\n92 Temporary recognition of interstate licences for shooting\ncompetition .................................................................................. 102\n93 Interstate residents moving to the Territory ................................. 102\n93A Revocation and disqualification ................................................... 103\n93B Disqualification if aggravating circumstance ................................ 103\n93C No grant of licence or permit........................................................ 104\n93D Court may order forfeiture............................................................ 104\n93E No effect on general power.......................................................... 104\n93F No review of certain decisions by Commissioner ........................ 105\n94 Commissioner may require firearm to be lodged ......................... 105\n95 Police may request names and addresses .................................. 105\n96 Police may require production of licences and permits................ 106\n96A Police may require production of firearm ..................................... 106\n97 Searches in emergencies ............................................................ 107\n98 Seizure ........................................................................................ 108\n98A Seizure etc. of firearm includes ammunition ................................ 108\n99 Retention of certain seized firearms ............................................ 109\n99A Storage of certain firearms .......................................................... 110\n100 Protection from liability ................................................................ 111\n101 Report to be made in certain circumstances................................ 111\n102 Disclosure of information by Commissioner in certain\ncircumstances.............................................................................. 112\n\nFirearms Act 1997 viii\n103 Duplicate certificates and licences............................................... 113\n104 Averments ................................................................................... 113\n104A Evidence by certificate ................................................................. 114\n105 Evidentiary – meaning of possession of a firearm etc. ................ 114\n106 Service of notices and documents ............................................... 114\n106A Conduct of representatives .......................................................... 115\n106B Criminal liability of executive officer of body corporate ................ 116\n107 Criminal liability of executive officer of body corporate –\ndeemed liability if body corporate commits offence ..................... 117\n107A Offences by representatives of licence and permit holders ......... 118\n108 Commencement of prosecutions ................................................. 118\n109 Regulatory offences..................................................................... 119\n110 Certain category H firearms to be produced to Commissioner .... 119\n110A Voluntary surrender of category H firearms ................................. 120\n111 Regulations.................................................................................. 120\n112 Review of Act............................................................................... 121\nDivision 1 Firearms Amendment Act 2003\n113 Transitional .................................................................................. 121\nDivision 2 Statute Law Amendment (Directors' Liability)\nAct 2015\n114 Offences – before and after commencement............................... 121\nDivision 3 Transitional matters for Statute Law\nAmendment (NTCAT Conferral of Jurisdiction)\nAct 2023\n115 Definitions .................................................................................... 122\n116 Review of decisions and actions before commencement ............ 122\n117 Pending proceeding before former Tribunal ................................ 123\n118 Appeals against decisions of former Tribunal not instituted\nbefore commencement ................................................................ 124\n119 Appeals against decisions of former Tribunal not determined\nbefore commencement ................................................................ 124\n120 Remittal of matters to NTCAT on appeals determined after\ncommencement ........................................................................... 124\nDivision 4 Attorney-General and Police Legislation\nAmendment Act 2025\n121 Application of amendments to section 35 .................................... 125\n\nFirearms Act 1997 ix\n\n____________________\nAs in force at 6 December 2025\n____________________\nFIREARMS ACT 1997\nAn Act to provide for the regulation, control and registration of firearms,\nand for related purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Firearms Act 1997.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\naffected person:\n(a) for Part 8A – see section 49L(2); or\n(b) otherwise – see section 50(2).\nair pistol means a pistol that propels, or is capable of propelling, a\nprojectile by means of compressed gas or air.\nammunition means:\n(a) an article consisting of a cartridge case fitted with a primer and\na projectile other than an inert round; or\n(b) an article consisting of a cartridge case fitted with a primer and\ncontaining a propelling charge and a projectile; or\n(c) a blank cartridge, air gun pellet, training cartridge or gas\ncartridge; or\n(d) a paintball pellet; or\n\nFirearms Act 1997 2\n(e) an article prescribed by regulation.\nammunition retail permit means a permit authorising the holder,\nand employees of the holder, to possess, purchase and sell only\nammunition of a category specified in the permit, as mentioned in\nsection 31(1)(fe).\napproved means approved by the Commissioner.\napproved paintball operator means the holder of a paintball\noperator licence or permit.\napproved paintball range means the premises specified in a\npaintball operator licence or permit.\ncategory H sports shooter means a person who:\n(a) is the holder of a licence to possess and use prescribed\ncategory H firearms; and\n(b) is a member of an approved firearms club; and\n(c) participates in category H sports shooting.\ncategory H sports shooting means participation in prescribed\ncategory H shooting disciplines at an approved firearms club.\ncertificate of registration means a certificate of registration issued\nunder section 36.\nCommissioner means the Commissioner of Police.\ncorresponding, in relation to a licence, permit or certificate of\nregistration, means a licence or permit in force under a law of a\nState or another Territory that, in the opinion of the Commissioner,\ncorresponds to a licence, permit or certificate of registration under\nthis Act.\nCouncil means the Firearms Advisory Council established by\nsection 55.\ncriminal intelligence, see section 6 of the Serious Crime Control\nAct 2009.\ndetermined fee means a fee determined under section 6.\ndisqualifying offence means:\n(a) an offence prescribed by the Regulations to be a disqualifying\noffence; or\n\nFirearms Act 1997 3\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence mentioned in\ndomestic violence order, see section 4 of the Domestic and\nFamily Violence Act 2007.\nfinal domestic violence order means:\n(a) a domestic violence order other than an interim domestic\nviolence order; or\n(b) a registered external order.\nfirearm means a device or part of a device (whether or not\nassembled, operable or temporarily or permanently inoperable) that\nis designed or adapted to discharge shot, a bullet or other\nprojectile:\n(a) by expanding gases produced in the device; or\n(b) by igniting combustible material; or\n(c) by compressed air or other compressed gases (whether\nstored in the device or attached to the device in pressurised\ncontainers).\nfirearm part means a part mentioned in subsection (1A).\nfirearm prohibition order, for Part 8A, see section 49B.\nfirearm related item, for Part 8A, see section 49C.\nfirearms club means a shooting union, association, club or other\ngroup of persons, however described, who associate for purposes\nconnected with the use of firearms.\nholder, in relation to a licence, permit or certificate of registration,\nmeans the person to whom it is granted.\ninterim court DVO, see section 64 of the Domestic and Family\nViolence Act 2007.\ninterim domestic violence order means:\n(a) a domestic violence order made under Part 2.4 of the\nDomestic and Family Violence Act 2007 that has not yet been\nconfirmed under that Part; or\n(b) an interim court DVO; or\n\nFirearms Act 1997 4\n(c) a domestic violence order of another jurisdiction that is of an\ninterim or provisional nature.\ninterim personal violence restraining order, see section 3 of the\nPersonal Violence Restraining Orders Act 2016.\ninternational competitor means a person who resides outside\nAustralia and who is visiting Australia for the purpose of competing\nin an approved shooting competition.\nland includes land covered by water and the water covering the\nland.\nlicence means a licence granted under Part 3.\nmachine-gun means:\n(a) a firearm (including a pistol) that discharges or is capable of\ndischarging more than one cartridge on a single release of a\ntrigger mechanism; and\n(b) a firearm mentioned in paragraph (a) from which, for the time\nbeing, a cartridge cannot be discharged because of the\nabsence or defect of a part or an obstruction in the firearm, but\nfrom which, if the part were replaced, renewed or repaired or\nthe obstruction removed, a cartridge could be discharged.\noffence of violence means:\n(a) an offence prescribed by the Regulations to be an offence of\nviolence; or\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence mentioned in\npaintball means a game in which players attempt to shoot at one\nanother with prescribed paintball firearms using prescribed paintball\npellets.\npaintball employee means the holder of a paintball employee\npaintball employee licence means a licence in force under Part 3,\nDivision 14, Subdivision 2, for employment by an approved paintball\noperator.\npaintball firearm means a firearm designed to discharge paintball\npellets.\n\nFirearms Act 1997 5\npaintball operator means a person carrying on the business of\nproviding a paintball range, paintball firearms and pellets and other\nthings for playing paintball.\npaintball operator licence means a licence in force under Part 3,\nDivision 14, Subdivision 1, for the business of paintball operator at\na paintball range.\npaintball operator permit means a permit in force under Part 4 for\nthe business of paintball operator at a temporary paintball range.\npaintball pellets means pellets that:\n(a) consist primarily of a dye, paint or similar marking substance;\nand\n(b) are designed to be discharged from a firearm.\npaintball player declaration, see section 60K(1)(a).\npaintball range means premises for playing paintball.\npermit means a permit granted under Part 4.\npersonal violence restraining order means:\n(a) a personal violence restraining order made under the Personal\nViolence Restraining Orders Act 2016; or\n(b) a similar order made in a State or another Territory.\npistol means a firearm that is:\n(a) capable of being used in, or adapted to be aimed and\ndischarged using, one hand only; and\n(b) capable of being concealed on or about the person.\npossess or use, in relation to a firearm or ammunition, includes to\ncarry, have under control, test discharge and store the firearm or\nammunition.\npremises includes buildings and land.\nprohibited firearm means a firearm or item specified in\nSchedule 1.\nprohibited person, for Part 11, Division 2B, see section 60B.\nprohibited premises, for Part 8A, see section 49D.\n\nFirearms Act 1997 6\npurchase means to do or cause or allow to be done any of the\nfollowing, whether or not for valuable consideration:\n(a) purchase by wholesale, retail, auction or tender;\n(b) obtain by barter or exchange;\n(c) receive by transfer, exchange, assignment or settlement.\nregister means the register required to be kept under section 7.\nregistered means registered under this Act.\nregistered external order means an external order, as defined in\nsection 4 of the Domestic and Family Violence Act 2007, that is\nregistered under Part 3.2 of that Act.\nrepresentative for:\n(a) a firearms dealer licence, firearms corporate licence, firearms\nmuseum licence or firearms club licence – means the person\nnominated under section 9(3A)(a), (4)(a), (5)(a) or (6)(a); or\n(ab) an ammunition retail permit – means the person nominated\nunder section 32(4); or\n(b) a paintball operator licence or permit – see section 9(9)(b)(i)\nor 32(3)(b)(i);\nand includes the person for whom a notice is given under\nsection 91A.\nreviewable decision:\n(a) for Part 8A – see section 49L(1); or\n(b) otherwise – see section 50(1).\nsale means to do or cause or allow to be done any of the following,\nwhether for profit, valuable consideration or otherwise:\n(a) sell by wholesale, retail, auction or tender;\n(b) dispose of by barter, transfer, exchange, assignment or\nsettlement;\n(c) offer for sale, receive for sale, have in possession for sale or\nexpose or exhibit for sale;\n(d) conduct negotiations for sale.\n\nFirearms Act 1997 7\nshooting member, of an approved firearms club, means a full\nmember of the firearms club who has completed any period of\nprobation as a member and does not include a person who is a\nsocial or associate member (however called) of the club.\nshooting range means an area of land established or reserved\nprimarily for the purpose of discharging firearms.\nsilencer means:\n(a) a device capable of being used to suppress the noise of the\ndischarge of a firearm; and\n(b) a device mentioned in paragraph (a) that, for the time being,\ndoes not suppress the noise of the discharge of a firearm\nbecause of the absence or defect of a part of the device but\nwould, if the part were replaced, renewed or repaired,\nsuppress the noise of the discharge of a firearm.\nspecially accredited discipline means a category H sports\nshooting discipline that is prescribed as a discipline for which a\ncategory H firearm with a calibre greater than .38\" but not greater\nthan .45\" may be used.\nstarting pistol means a device that is used or designed to control\nthe start of an event at a sporting fixture that is not capable of\ndischarging shot, a bullet or other missile.\nstudent of arms, see section 35C(2).\nworking day means a day that is not a Saturday, Sunday or public\nholiday.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(1A) For the definition of firearm in subsection (1), a part of a device\nmeans:\n(a) a rifle or shotgun action; or\n(b) a pistol or revolver frame.\n(2) A reference in this Act to:\n(a) a category A firearm is to a firearm of a type specified in\nSchedule 2; and\n\nFirearms Act 1997 8\n(b) a category B firearm is to a firearm of a type specified in\nSchedule 3; and\n(c) a category C firearm is to a firearm of a type specified in\nSchedule 4; and\n(d) a category D firearm is to a firearm of a type specified in\nSchedule 5; and\n(e) a category H firearm is to a firearm of a type specified in\nSchedule 6.\n(3) For this Act, a person deals in firearms if the person buys, sells,\nexchanges or hires out firearms in the course of his or her\nbusiness.\n(3A) For this Act, a person is a close associate of an applicant for, or the\nholder of, a firearms dealer licence or paintball operator licence or\npermit if the person:\n(a) holds or will hold any relevant financial interest, or is or will be\nentitled to exercise any relevant power (whether in his or her\nown right, on behalf of any other person or for the benefit of\nany other person), in the business of the applicant or holder\nand, by virtue of that interest or power, is or will be able to\nexercise a significant influence over, or with respect to, the\nconduct or control of that business; or\n(b) holds or will hold any relevant position (whether in his or her\nown right, on behalf of any other person or for the benefit of\nany other person) in the business of the applicant or holder.\n(3B) In subsection (3A):\nrelevant financial interest, in a business, means:\n(a) any interest in or entitlement to the capital or assets of the\nbusiness, including any interest or entitlement where the\nbusiness is carried on under a trust; or\n(b) any entitlement to receive any income derived from the\nbusiness, whether the entitlement arises at law or in equity or\notherwise.\nrelevant position, in a business, means a position whose holder\nparticipates in or is entitled to participate in the management of the\nbusiness (whether in the capacity of a director, manager, secretary,\npartner or in any other capacity).\n\nFirearms Act 1997 9\nrelevant power, in a business, means any power, whether\nexercisable by voting or otherwise and whether exercisable alone\nor in association with others:\n(a) to participate in any managerial or executive decision about\nthe business; or\n(b) to elect or appoint any person to any relevant position in the\nbusiness.\n(4) For this Act, a firearm is sold when the possession of the firearm\npasses from the person who sells the firearm (or if the firearm is\nsold by the holder of a firearms dealer licence, from an employee of\nthe holder) to another person.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Exemptions","content":"4 Exemptions\n(1) This Act does not apply to or in relation to:\n(a) a person who is a member of the Defence Force mentioned in\nPart 3, Division 1 of the Defence Act 1903 (Cth) who is using a\nfirearm that is the property of the Force for purposes\nconcerned with the Force; or\n(b) an explosive-powered tool or compressed air nailing tool; or\n(d) a spear-gun; or\n(e) a pistol designed to be used for life-saving, rescuing or\ndistress signal purposes; or\n(f) a firearm or a type of firearm mentioned in a notice under\nsection 8(1)(b).\n(2) This Act does not apply to or in relation to a starting pistol that is the\nproperty of a sporting association or body if:\n(a) the association or body is affiliated with the governing body for\nits sport in the Territory; and\n(b) the starting pistol is used at sporting fixtures organised and\ncontrolled by the sporting association or body; and\n(c) the starting pistol is in the possession of an adult when at or\nbeing transported to or from the sporting fixture; and\n(d) the starting pistol is stored in accordance with the storage\nrequirements under this Act.\n\nFirearms Act 1997 10\n(3) Parts 3 and 5 and sections 58, 59 and 69 do not apply to or in\nrelation to a person who is a common carrier in respect of the\nperson's possession of a firearm or ammunition that:\n(a) is not the person's property; and\n(b) forms part of a consignment of goods in the person's\npossession as a common carrier.\n(4) Part 3 and sections 46, 58, 59, 66, 77, 78, 79, 80, 82 and 83 do not\napply to or in relation to:\n(a) a police officer; or\n(b) a member of the Australian Federal Police; or\n(c) a member of a police force of a State or another Territory; or\n(d) an officer of Customs as defined in section 4 of the\nCustoms Act 1901 (Cth); or\n(e) a member of the Australian Protective Service; or\n(f) a correctional officer (as defined in section 4 of the\nCorrectional Services Act 2014);\nin respect of his or her possession or use of a firearm in the course\nof his or her duty as a member or officer.\n(4A) Section 69 does not apply to a person specified in subsection (4) in\nrespect of the person's possession of ammunition in the course of\nthe person's duty as an officer or member.\n(5) Sections 78 and 79 do not apply to or in relation to a person who is:\n(a) a public sector employee; or\n(b) an APS employee as defined in section 7 of the Public Service\nAct 1999 (Cth);\nin respect of the person's possession or use, in the course of his or\nher duty as such an employee, of a firearm the property of the\nTerritory or the Commonwealth.\n\nFirearms Act 1997 11\n(6) The Commissioner may, by written notice, declare that such\nprovisions of this Act as the Commissioner thinks fit and specifies in\nthe notice do not apply, or apply in accordance with such conditions\nas are specified in the notice:\n(a) to certain persons in relation to their activities at an approved\npaintball range, shooting gallery, amusement parlour or similar\nplace; or\n(b) in relation to firearms amnesties generally or periods specified\nin the notice as amnesty periods;\nand those provisions do not apply or apply only subject to those\nconditions.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Criminal Code","content":"4A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against\nsection 49P, 49Q, 49R, 49S, 49T or 49Y(2).\nNote for section 4A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Delegation","content":"5 Delegation\n(1) The Commissioner may, in writing, delegate to a police officer or\npublic sector employee any of the Commissioner's powers and\nfunctions under this Act, other than:\n(a) the forming of the necessary opinion for the purposes of\nsection 10(8A), 33(3A) or 40A(1); or\n(b) this power of delegation; or\n(c) the power to make a firearm prohibition order under\nsection 49E.\n(2) The Commissioner may, in writing, delegate to a police officer with\nthe rank of superintendent or higher the Commissioner's power to\nmake a firearm prohibition order under section 49E.\n6 Fees\n(1) The Minister may, by Gazette notice, determine the fees payable\nunder this Act.\n\nFirearms Act 1997 12\n(2) The Commissioner may waive or reduce a determined fee in\nrelation to a matter or thing or a class of matters or things.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Register","content":"7 Register\n(1) The Commissioner is to cause to be kept a register containing a\nrecord of those particulars that the Commissioner determines of:\n(a) all registered firearms; and\n(b) all licences and permits.\n(2) The register may be kept:\n(a) in a form or combination of forms; and\n(b) on a medium or combination of mediums; and\n(c) in a manner;\nthat the Commissioner thinks fit and, for paragraph (b), a medium\nincludes but is not limited to any of the following:\n(d) a computer;\n(e) micro film;\n(f) paper.\n(3) The register is to be maintained in a form that:\n(a) enables it to be linked to the Australian Crime Commission;\nand\n(b) enables a firearm authority of a State or another Territory to\nhave access to information in the register.\n(4) A document certified by the Commissioner to be an extract from, or\ncopy of, an entry in the register must be received in all courts and\non all occasions as evidence and is taken to be sufficient proof of\nthe particulars contained in that entry without requiring the\nproduction of the register from which the extract or copy was taken.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Declarations by Commissioner","content":"8 Declarations by Commissioner\n(1) The Commissioner may, by Gazette notice, declare:\n(a) a firearm or a type of firearm to be a firearm of a particular\ncategory of firearm; or\n\nFirearms Act 1997 13\n(b) a firearm or a type of firearm to be a firearm that is exempt\nfrom the operation of this Act.\n(2) A notice under subsection (1) may specify a firearm or type of\nfirearm by reference to particulars of the firearm or type of firearm\nthat may include the calibre, mechanism, manufacturer, magazine\ncapacity, fixture attached to a firearm or other particulars by which a\nfirearm or a type of firearm may be identified.\n(3) The Commissioner may, on application by a person in possession\nof a firearm and after examination of the firearm, by written notice,\ncertify that the firearm is permanently incapable of use as a firearm.\n(4) A reference in this Act to a category of firearm includes a firearm or\ntype of firearm in respect of which a declaration is made under\nsubsection (1)(a).\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application for licence","content":"9 Application for licence\n(1) An application for a licence is to be:\n(2) An applicant for a licence is:\n(a) if the applicant is an individual – to be at least 18 years of age\nunless the licence applied for is a firearms club junior licence;\nand\n(b) to provide proof of the applicant's identity in accordance with\nthe requirements under the Financial Transaction Reports\nAct 1988 (Cth) that apply in respect of the opening of a bank\naccount; and\n(c) to provide such other particulars or documents as the\nCommissioner requires.\n(3) A person cannot apply for a licence if the person is prohibited from\napplying for or holding a licence to own or possess a firearm:\n(a) under this or any other Act; or\n\nFirearms Act 1997 14\n(b) under an Act of the Commonwealth, a State or another\nTerritory; or\n(c) by an order or direction of a court (whether made or given in\nthe Territory or elsewhere).\n(3A) An application for a firearms dealer licence must specify the\n(a) the name of the person (who must be an employee of the\napplicant) who will be the representative of the holder of the\nlicence in respect of activities conducted under the licence;\n(b) the name and address of each person who is a close\nassociate of the applicant;\n(c) particulars of the nature of the person's association with the\napplicant;\n(d) the name and address of each person who will:\n(i) be responsible for the security of firearms possessed\n(ii) have direct access to firearms possessed under the\n(4) An application for a firearms corporate licence is to contain:\n(a) the name of the person (who must be an employee of the\napplicant) who will be the representative of the holder of the\nlicence in respect of activities conducted under the licence;\nand\n(b) the name and address of each person who will:\n(i) be responsible for the security of firearms possessed\n(ii) have direct access to firearms possessed under the\n(iii) have control over issuing firearms possessed under the\nlicence to employees of the holder of the licence.\n(5) An application for a firearms museum licence is to contain:\n(a) the name of the person who will be the representative of the\nholder of the licence in respect of activities conducted under\nthe licence; and\n\nFirearms Act 1997 15\n(b) the name and address of each person who:\n(i) will be responsible for the security of firearms possessed\n(ii) will have direct access to firearms possessed under the\n(6) An application for a firearms club licence is to contain:\n(a) the name of the person (who must be a member of the\ngoverning body or committee of the firearms club) who will be\nthe representative of the holder of the licence in respect of\nactivities conducted under the licence; and\n(b) the names and addresses of persons who will be responsible\nfor the security of the firearms stored at premises occupied by\nthe firearms club.\n(8) Only a body corporate may apply for a paintball operator licence.\n(9) An application for a paintball operator licence must:\n(a) describe the applicant's proposed business; and\n(b) specify the names and addresses of the following persons:\n(i) the person who will be primarily responsible for the\ncontrol and management of the business (the\nrepresentative);\n(ii) prospective paintball employees of the business; and\n(ba) specify the name and address of each person who is a close\nassociate of the applicant; and\n(bb) specify particulars of the nature of the person's association\nwith the applicant; and\n(c) be accompanied by evidence that the applicant has public\nliability insurance for the amount prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"General restrictions on grant of licence","content":"10 General restrictions on grant of licence\n(1) The Commissioner, on receiving an application for a licence, may\ngrant or refuse to grant the licence.\n(2) Subject to subsection (5), the Commissioner is not to grant a\nshooter's licence or a firearms club junior licence until 28 days after\nthe day on which the application is made.\n\nFirearms Act 1997 16\n(2A) The Commissioner must not grant a licence to a person who has\nbeen found guilty of an offence against this Act or the Weapons\nControl Act 2001 or in which a firearm was involved unless:\n(a) if a pecuniary penalty only was imposed in relation to the\noffence – 2 years have elapsed since the person was found\nguilty of the offence; or\n(b) if one the following orders was made in relation to the\noffence – 2 years have elapsed since the person was found\nguilty of the offence:\n(i) an order under section 10 of the Sentencing Act 1995;\n(ii) a community correction order under the Sentencing\nAct 1995 without recording a conviction;\n(iii) an order under section 11 of the Sentencing Act 1995 as\nin force before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022;\n(iv) an order under the Criminal Law (Conditional Release of\nOffenders) Act 1971 as in force before the\ncommencement of section 129 of the Sentencing\nAct 1995;\n(v) an order under a provision of a law in the jurisdiction in\nwhich the offence was committed that, in the opinion of\nthe Commissioner, has a similar effect to an order in\nsubparagraph (i) to (iv); or\n(c) if a custodial sentence was imposed in relation to the\noffence – 5 years have elapsed since the person was found\nguilty of the offence or was released from custody, whichever\nis later.\n(2B) The Commissioner is not to grant a licence if the Commissioner has\nreasonable cause to believe that the applicant has failed to supply\nmaterial information or has supplied information that is false or\nmisleading.\n(3) Subject to subsections (6) and (6A), the Commissioner must not\ngrant a licence unless satisfied the applicant or, for an application\nfor a paintball operator licence, the representative:\n(a) is at least 18 years of age unless the licence applied for is a\nfirearms club junior licence; and\n(b) is a fit and proper person; and\n\nFirearms Act 1997 17\n(c) has completed an approved firearms training and safety\ncourse; and\n(d) is able to meet the storage and safety requirements under this\n(e) resides in the Territory or is about to become a resident of the\nTerritory; and\n(f) has not, within the period of 10 years before the application for\nthe licence was made, been found guilty in the Territory or\nelsewhere of a disqualifying offence; and\n(fa) has not, within the period of 5 years before the application for\nthe licence was made, been found guilty in the Territory or\nelsewhere of an offence of violence; and\n(g) does not have a final domestic violence order in force against\nhim or her and has not, within the period of 5 years before the\napplication for the licence was made, had a final domestic\nviolence order in force against him or her; and\n(ga) does not have a personal violence restraining order in force\nagainst him or her; and\n(h) is not subject to an order, made in the Territory or elsewhere,\nto keep the peace.\n(4) Without limiting subsection (3)(b), the Commissioner is not to grant\na licence if the Commissioner has reasonable cause to believe that\nthe applicant or representative may not personally exercise\ncontinuous and responsible control over firearms because of:\n(a) the applicant's or representative's way of living or domestic\ncircumstances; or\n(b) any attempts by the applicant or representative to commit\nsuicide or cause a self-inflicted injury; or\n(c) the applicant's or representative's intemperate habits or being\nof unsound mind.\n(5) The Commissioner may grant a shooter's licence before the\nexpiration of the period mentioned in subsection (2) if the applicant\nwas, at the time of making the application, the holder of a shooter's\nlicence and the prescribed checks have been completed.\n\nFirearms Act 1997 18\n(6) Subsection (3)(c) does not apply to:\n(a) an applicant who is already the holder of a licence when the\napplication is made; or\n(b) an application for a paintball operator licence.\n(6A) Subsection (3)(d) does not apply to an application for a paintball\noperator licence.\n(6B) Subsection (3)(e) does not apply in relation to an application for a\nfirearms instructor licence or firearms employee licence.\n(7) Except in the case of a firearms dealer licence, firearms museum\nlicence, firearms club licence, firearms corporate licence or paintball\noperator licence, a licence may only be granted to an individual.\n(8) The Commissioner may refuse to grant a licence if the\nCommissioner considers that the grant of the licence would be\ncontrary to the public interest.\n(8A) The Commissioner must refuse to grant a licence if the\nCommissioner is of the opinion, having regard to any criminal\nintelligence report or other criminal information the Commissioner\nholds about the applicant or representative, that:\n(a) the applicant or representative is a risk to public safety; and\n(b) the grant of the licence would be contrary to the public\ninterest.\n(8B) The Commissioner is not, under this or any other Act or law,\nrequired to give reasons for refusing to grant a licence on the\ngrounds mentioned in subsection (8A).\n(9) The Regulations may provide other mandatory or discretionary\ngrounds for refusing to grant a licence.\n10AA Restriction on grant of category H sports shooter's licence\nThe Commissioner must not grant a category H sports shooter's\nlicence unless the application is accompanied by an endorsement\nfrom an approved firearms club to the effect that:\n(a) the applicant is a member of the club; and\n\nFirearms Act 1997 19\n(b) the applicant has provided the club with:\n(i) details of the applicant's membership of any other\nfirearms clubs and the firearms owned by the applicant;\nand\n(ii) at least 2 character references from persons who have\nknown the applicant for at least 2 years; and\n(c) the club supports the application.\n10AB Restriction on grant of firearms dealer licence\nThe Commissioner must not grant a firearms dealer licence if the\nCommissioner:\n(a) is of the view that a person who (in the opinion of the\nCommissioner) is or will be a close associate of the applicant\nis not a fit and proper person to be a close associate of the\nholder of a firearms dealer licence; or\n(b) is not satisfied that the applicant will be the person primarily\nresponsible for the control and management of the business to\nbe carried on under the authority of the licence.\nNote for section 10AB\nSection 10A sets out other restrictions on the grant of a firearms dealer licence.\n10AC Restriction on grant of firearms collector licence\nThe Commissioner must not grant a firearms collector licence\nunless:\n(a) the Commissioner is satisfied that the applicant is a genuine\nhistorical collector of firearms; and\n(b) the applicant is a member of an approved historical firearms\ncollector's society and the society has endorsed the\napplication for the licence; and\n(c) the applicant can demonstrate that he or she can comply with\nthe prescribed requirements for storage and safe keeping of\nfirearms held under the licence.\n\nFirearms Act 1997 20\n10AD Restriction on grant of paintball operator licence\nThe Commissioner must not grant a paintball operator licence\nunless:\n(a) the Commissioner is satisfied each person who is or will be a\nclose associate of the applicant is a fit and proper person to\nbe a close associate of the holder of a paintball operator\n(b) the Commissioner is satisfied the applicant is able to meet the\nstorage and safety requirements under this Act; and\n(c) the premises are approved under section 49A.\n10A General restrictions on grant of firearms dealer licence,\nfirearms corporate licence, firearms museum licence and\nfirearms club licence\nThe Commissioner may refuse to grant a firearms dealer licence\nfirearms corporate licence, firearms museum licence or firearms\nclub licence if, in respect of the particular application:\n(a) the representative does not hold a licence; or\n(b) the Commissioner is not satisfied the representative would be\ngranted a licence under section 10 if he or she were to apply\nfor a licence.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Genuine reason for licence","content":"11 Genuine reason for licence\n(1) The Commissioner is not to grant a licence:\n(a) unless satisfied that the applicant has a genuine reason for\npossessing or using firearms; and\n(b) in respect of a category C firearm, category D firearm or\ncategory H firearm, unless satisfied that the applicant has a\ngenuine need for possessing or using firearms of that\ncategory; and\n(c) unless satisfied that the applicant meets the requirements\nunder this Act in respect of that reason or need.\n(2) The genuine reasons for possessing or using firearms are any of\n(a) sports shooting;\n(b) recreational shooting or hunting;\n\nFirearms Act 1997 21\n(c) primary production;\n(d) vertebrate pest animal control;\n(e) business or employment;\n(f) occupational requirements;\n(g) animal protection;\n(h) firearms collection;\n(j) museum display;\n(k) inheritance;\n(m) instruction in firearms use and safety;\n(n) paintball operator or employee.\n(3) The Regulations may provide that the genuine reasons for\npossessing or using a specified category of firearm are limited to\nonly one or some of the reasons specified in subsection (2).\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Form of licence","content":"12 Form of licence\nA licence is to contain:\n(a) the prescribed particulars; and\n(b) if the holder is an individual – a recent photograph of the\nholder obtained in accordance with the approved\narrangements.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"General conditions of licence","content":"13 General conditions of licence\n(1) A licence is subject to the conditions that the holder:\n(a) must comply with the relevant safe keeping and storage\nrequirements under this Act; and\n(b) must not permit any other person to possess or use a firearm\nin the holder's possession if that other person is not\nauthorised to possess or use the firearm; and\n(c) must permit a police officer to inspect, at any reasonable time,\nthe holder's facilities for the storage and safe keeping of the\nfirearms in the holder's possession; and\n\nFirearms Act 1997 22\n(d) must not possess, at any one time, an amount of ammunition\nthat exceeds the amount authorised in writing by the\n(2) In addition to subsection (1), a licence is subject to:\n(aa) any other conditions imposed under this Act; and\n(a) the conditions that are prescribed; and\n(b) the conditions specified by the Commissioner.\n(3) A licence is not transferable.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Period of licence","content":"14 Period of licence\n(1) Subject to this Act:\n(a) a shooter's licence that authorises the possession or use of:\n(i) category A or category B firearms remains in force for\n10 years; and\n(ii) category C firearms remains in force for 5 years; and\n(iii) category D firearms remains in force for 5 years or a\nshorter period as determined by the Commissioner and\nspecified in the licence; and\n(iv) category H firearms remains in force for 5 years; and\n(b) a firearms club junior licence remains in force until the holder\nattains the age of 18 years; and\n(c) a firearms armourer licence, firearms dealer licence and\nfirearms corporate licence remains in force for 5 years; and\n(e) a firearms collector licence remains in force for 10 years; and\n(ea) an antique firearms collector licence remains in force for the\nlife of the licence holder; and\n(f) a firearms club licence remains in force for 5 years; and\n(g) a firearms instructor licence remains in force for 5 years; and\n(ga) a firearms employee licence remains in force for 5 years or the\nshorter period specified in the licence; and\n(h) a paintball operator licence remains in force for 5 years ;and\n\nFirearms Act 1997 23\n(i) a paintball employee licence remains in force for 5 years or\nthe shorter period specified in the licence.\n(1A) If a person holds a shooter's licence that authorises the possession\nor use of more than one category of firearm, the shooter's licence\nremains in force for the shortest period prescribed under\nsubsection (1) in respect of the categories of firearm to which the\nlicence relates.\n(2) Subject to this Act, a licence expires 3 months after the holder\nceases to reside permanently in the Territory.\n(3) A licence is not renewable and a fresh application must be made for\nthe grant of a new licence as required.\n","sortOrder":14},{"sectionNumber":"Div 3","sectionType":"division","heading":"Shooter's licence","content":"Division 3 Shooter's licence\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Shooter's licence","content":"15 Shooter's licence\nA shooter's licence authorises the holder to possess and use only\nfirearms of a category specified in the licence.\n","sortOrder":16},{"sectionNumber":"15A","sectionType":"section","heading":"Category H sports shooter's licence","content":"15A Category H sports shooter's licence\n(1) A category H sports shooter's licence authorises the holder to\npossess only prescribed category H firearms.\n(2) The holder of a category H sports shooter's licence is authorised to\nuse a firearm under the licence only at an approved firearms club.\n","sortOrder":17},{"sectionNumber":"15B","sectionType":"section","heading":"Procedure for obtaining licence","content":"15B Procedure for obtaining licence\n(1) A person who wishes to obtain a category H sports shooter's\nlicence must be (or become) a shooting member of an approved\nfirearms club.\n(2) A person may apply for a category H sports shooter's licence if the\nperson:\n(a) is a shooting member of an approved firearms club; and\n(b) has satisfactorily completed an approved firearm safety\ntraining course; and\n(c) holds, and has held for at least 3 months, a permit to use\ncategory H firearms under supervision for sports shooting.\n\nFirearms Act 1997 24\n(3) Subsection (2)(c) does not apply in relation to a person who, at the\ntime of applying for a category H sports shooter's licence, is the\nholder of:\n(a) a category H sports shooter's licence; or\ngenuine reason of sports shooting; or\n(c) a corresponding licence.\n","sortOrder":18},{"sectionNumber":"15C","sectionType":"section","heading":"Conditions of licence","content":"15C Conditions of licence\nA category H sports shooter's licence is subject to the following\nconditions:\n(a) the only firearms that can be registered under the licence are\nprescribed firearms;\n(b) the holder of the licence must be a member of an approved\nfirearms club;\n(c) the holder of the licence can use firearms under the licence\nonly at an approved firearms club;\n(d) the holder of the licence must participate in category H sports\nshooting events at the prescribed participation rate or satisfy\nthe Commissioner as to the reason the holder was unable to\nparticipate at that rate.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Firearms dealer licence","content":"16 Firearms dealer licence\nA firearms dealer licence authorises the holder to possess, use and\ndeal in only firearms of a category specified in the licence.\n","sortOrder":20},{"sectionNumber":"16A","sectionType":"section","heading":"Information about close associates of firearms dealers","content":"16A Information about close associates of firearms dealers\n(2) If the holder of a firearms dealer licence becomes aware that the\nclose associates of the holder have changed since the submission\nto the Commissioner of the holder's most recent application for a\nlicence or most recent declaration under this section, the holder\nmust submit to the Commissioner within 7 days of this subsection\ncoming into operation or of the change to the close associates\n(whichever is the later) a declaration:\n(a) notifying the Commissioner in writing of that fact; and\n\nFirearms Act 1997 25\n(b) setting out the name and address of each person who is a\nclose associate of the holder and particulars of the nature of\nthe person's association with the holder.\n(3) The Commissioner may, by written notice served on the holder of a\nfirearms dealer licence, require the holder to submit to the\nCommissioner within the time specified in the notice and in the\napproved form:\n(a) a declaration to the effect that:\n(i) the holder (and no other person) is the person primarily\nresponsible for the control and management of the\nfirearms dealing business that is carried on under the\n(ii) another person or other persons (whether instead of or\nin addition to the holder) are primarily responsible for the\ncontrol and management of that business; and\n(b) a declaration:\n(i) to the effect that the close associates of the holder have\nnot changed since the submission to the Commissioner\nof the holder's most recent application for a licence or\nmost recent declaration under this section; or\n(ii) setting out the name and address of each person who is\na close associate of the holder and particulars of the\nnature of the person's association with the holder.\n(4) A person must not:\n(a) fail to make a declaration as required by this section; or\n(b) in a declaration under this section, make a statement or\nprovide information that the person knows is false or\nmisleading in a material particular.\nMaximum penalty: If the offender is an individual – 200 penalty\n1 000 penalty units.\n\nFirearms Act 1997 26\n","sortOrder":21},{"sectionNumber":"16B","sectionType":"section","heading":"Possession of firearms held under firearms dealer licence","content":"16B Possession of firearms held under firearms dealer licence\nThe holder of a firearms dealer licence must not permit a person to\npossess a firearm held under the licence unless:\n(a) the person is an employee of the holder and holds a firearms\nemployee licence and the firearm is in the possession of the\nperson for a purpose relating to the person's duties as an\nemployee; or\n(b) the person is a prospective purchaser of the firearm and is\nunder the immediate and continuous supervision of an\nemployee of the holder.\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Security measures required by dealer","content":"17 Security measures required by dealer\n(1) The holder of a firearms dealer licence must ensure that all firearms\npossessed under the licence are stored in accordance with:\n(2) Subsection (1) does not apply to or in relation to a firearm:\n(a) in the actual possession; or\n(b) being displayed to a person under the immediate and\ncontinuous supervision;\nof the holder of the firearms dealer licence or an employee of the\nholder in the normal course of business of the holder.\n(3) The holder of a firearms dealer licence or a firearms employee\nlicence may, in the normal course of the business of the holder of\nthe firearms dealer licence, remove a firearm from the premises\nused by the holder under the licence:\n(a) to demonstrate the firearm to, for or on behalf of a prospective\npurchaser; or\n(b) to test the firearm.\n\nFirearms Act 1997 27\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Records and returns to be kept by dealers","content":"18 Records and returns to be kept by dealers\n(1) The holder of a firearms dealer licence must keep and maintain a\nregister containing the prescribed particulars of all firearms and\nfirearm parts possessed under the licence.\n(2) The holder of a firearms dealer licence must, not later than\n24 hours after a sale or purchase of a firearm or firearm part by the\nholder or an employee of the holder, record in the holder's register\nthe prescribed particulars of the firearm or firearm part and the\nprescribed details of the sale or purchase.\n(3) The holder of a firearms dealer licence must, not later than 7 days\nafter a transaction involving the sale, purchase or storage of a\nfirearm or firearm part, give the Commissioner a record of the\ntransaction in the approved form.\n(4) The holder of a firearms dealer licence must, on demand by a\npolice officer:\n(a) produce a record required to be kept under this section to the\nofficer and permit the officer to inspect and make copies of\nany entries in it; and\n(b) provide to the officer any information in the holder's\npossession with respect to any firearm or firearm part that has\nbeen purchased or received under the authority of the firearms\ndealer licence, or that the person has in his or her possession\nor has sold or otherwise transferred under the authority of the\n(5) A person must not alter an entry in a record required to be kept\nunder this section other than by interlineation or striking out that\ndoes not make the entry illegible.\n(6) The holder of a firearms dealer licence must, not later than\n24 hours after becoming aware of the loss, theft or destruction of a\nfirearm or firearm part that was in the possession of the holder,\nnotify the Commissioner of the loss, theft or destruction in the\napproved form.\n(7) The holder of a firearms dealer licence must ensure that a record\nrequired by this Act to be kept by the holder is kept in a place of\nsafe keeping.\n(8) The holder of a firearms dealer licence must, if written notice is\nserved on the holder by the Commissioner, provide to the\nCommissioner, not later than the time specified in the notice and in\nthe form provided by the Commissioner, the particulars relating to\nthe purchase, receipt, sale or possession by the holder of any\n\nFirearms Act 1997 28\nfirearms or firearm parts as are required by the notice.\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Production of firearms","content":"19 Production of firearms\n(1) A police officer may require the holder of a firearms dealer licence\nor an employee of the holder to produce a firearm that is in the\nperson's possession.\n(2) The person must comply with the requirement.\n(3) On production of a firearm, the police officer may inspect and test it.\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Interstate transactions between dealers","content":"21 Interstate transactions between dealers\nDespite anything to the contrary in this Act, the holder of a firearms\ndealer licence is, for the purposes of a transaction between the\nholder and the holder of a corresponding licence, authorised to buy\na firearm from the holder of that corresponding licence.\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Firearms armourer licence","content":"22 Firearms armourer licence\n(1) A firearms armourer licence authorises the holder to possess, use,\nrepair, manufacture, modify, service and store only firearms of a\ncategory specified in the licence.\n(2) The holder of a firearms armourer licence, or a partner or an\nemployee of the holder, with the authority of the holder, may, in the\nnormal course of the business of the holder, remove a firearm from\npremises used by the holder under the licence to test it.\n(3) The holder of a firearms armourer licence must ensure that all\nfirearms possessed under the licence are stored in accordance\nwith:\n\nFirearms Act 1997 29\n(4) Subsection (3) does not apply to or in relation to a firearm in the\nactual possession of the holder, or a partner or an employee of the\nholder, in the normal course of the business of the holder.\n","sortOrder":27},{"sectionNumber":"22A","sectionType":"section","heading":"Records to be kept by firearms armourer","content":"22A Records to be kept by firearms armourer\n(1) The holder of a firearms armourer licence is to record in the\napproved form the particulars of:\n(a) each firearm that has come into the holder's possession under\nthe licence; and\n(b) each firearm that is no longer in the holder's possession.\n(2) A record required to be kept under subsection (1) must be made\nwithin 24 hours after a firearm comes into, or is no longer in, the\npossession of the holder of the firearms armourer licence.\n(3) The holder of a firearms armourer licence must provide to the\nCommissioner a copy of a record required to be kept under\nsubsection (1) not later than 7 days after the end of March, June,\nSeptember and December in each year.\n(4) A holder of a firearms armourer licence who fails to comply with this\nsection commits an offence.\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Production of firearms and records","content":"23 Production of firearms and records\n(1) A police officer may require the holder of a firearms armourer\nlicence, or a partner or employee of the holder, to produce a firearm\nin his or her possession or a record required to be kept under this\nAct.\n(2) A police officer may:\n(a) examine a record mentioned in subsection (1); and\n(b) make copies of, or take extracts from, the record; and\n(c) retain the record for such reasonable period as the officer\nthinks fit.\n\nFirearms Act 1997 30\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Firearms collector licence","content":"24 Firearms collector licence\n(1) A firearms collector licence authorises the holder to possess and\ndisplay only firearms of a category specified in the licence.\n(1A) A firearms collector licence that authorises the possession of\ncategory H firearms does not authorise the holder of the licence to\npossess category H firearms that were manufactured after\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"December 1946 unless the holder is a student of arms.","content":"31 December 1946 unless the holder is a student of arms.\n(2) The holder of a firearms collector licence must ensure that all\nfirearms possessed under the licence are stored in accordance\nwith:\n(3) On the request of a police officer, the holder of a firearms collector\nlicence must allow the officer to:\n(a) inspect all firearms in the holder's possession under the\n(b) inspect the premises and the receptacles in which the firearms\nare kept.\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Use of firearm under firearms collector licence","content":"25 Use of firearm under firearms collector licence\n(1) The holder of a firearms collector licence must not use, or carry for\nthe purpose of using, a firearm to which the licence relates unless\nhe or she does so in accordance with a permit.\n(2) The Commissioner is, by notice served on the holder of a firearms\ncollector licence, to revoke the licence where the holder is found\nguilty of an offence against subsection (1).\n\nFirearms Act 1997 31\n","sortOrder":32},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Antique firearms collector licence","content":"Division 6A Antique firearms collector licence\n","sortOrder":33},{"sectionNumber":"25A","sectionType":"section","heading":"Antique firearms collector licence","content":"25A Antique firearms collector licence\n(1) An antique firearms collector licence authorises the holder to\npossess and display only firearms:\n(a) of a category specified in the licence; and\n(b) that were manufactured before 1 January 1900.\n(2) The holder of an antique firearms collector licence must ensure that\nall firearms in the holder's possession under the licence are stored\nin accordance with:\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Firearms corporate licence","content":"26 Firearms corporate licence\n(1) A firearms corporate licence authorises the holder to possess only\nfirearms of a category specified in the licence.\n(2) The holder of a firearms corporate licence must not permit a person\nto possess or use a firearm held under the licence unless the\nperson:\n(a) is the holder of a firearms employee licence, is an employee of\nthe holder of the corporate licence, and the firearm is in the\npossession of the person for a purpose relating to his or her\nduties as an employee; or\n(b) is the holder of a firearms instructor licence, is an employee or\nis otherwise engaged by the holder of the corporate licence in\nthe capacity of an instructor, and the firearm is in the\npossession of the person for a purpose relating to his or her\nduties as an employee or instructor; or\n\nFirearms Act 1997 32\n(c) holds a relevant permit to possess and use a firearm of the\ntype possessed under the corporate licence and the\npossession and use is in accordance with the conditions\napplying to the corporate licence.\nMaximum penalty: If the offender is an individual – 200 penalty\n1 000 penalty units.\n","sortOrder":35},{"sectionNumber":"Div 9","sectionType":"division","heading":"Firearms club junior licence","content":"Division 9 Firearms club junior licence\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Firearms club junior licence","content":"28 Firearms club junior licence\nA firearms club junior licence authorises the holder to possess and\nuse only firearms of a category specified in the licence and only:\n(a) when under the personal supervision of the holder of a licence\nwho is authorised to possess or use firearms of the same\ncategory; and\n(b) for the purpose of receiving instruction in the safe use of\nfirearms at an approved shooting range or competing in an\napproved event.\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Firearms museum licence","content":"29 Firearms museum licence\nA firearms museum licence authorises the holder to exhibit and\nshow only firearms of a category specified in the licence.\n","sortOrder":38},{"sectionNumber":"29A","sectionType":"section","heading":"Possession of firearms held under firearms museum licence","content":"29A Possession of firearms held under firearms museum licence\nThe holder of a firearms museum licence must not permit a person\nto possess a firearm held under the licence unless:\n(a) the person is:\n(i) the holder of a firearms employee licence; and\n(ii) an employee of the holder of the firearms museum\n(b) the firearm is in the possession of the person for a purpose\nrelating to the person's duties as an employee.\n\nFirearms Act 1997 33\n","sortOrder":39},{"sectionNumber":"Div 11","sectionType":"division","heading":"Firearms heirloom licence","content":"Division 11 Firearms heirloom licence\n","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Firearms heirloom licence","content":"30 Firearms heirloom licence\nA firearms heirloom licence authorises the holder to possess only a\nfirearm, or firearms of a matched pair or set, specified in the\n","sortOrder":41},{"sectionNumber":"30A","sectionType":"section","heading":"Firearms club licence","content":"30A Firearms club licence\n(1) A firearms club licence authorises:\n(a) the holder of the licence; and\n(b) the members of the firearms club; and\n(c) persons permitted by the firearms club to be on premises\noccupied by it and approved under section 49(2);\nto possess and use firearms of a category specified in the licence\nfor sports shooting or training purposes.\n(2) If a firearms club is licensed to use category H firearms, the club is\nauthorised under the licence to conduct category H sports shooting\nevents only if:\n(a) the category H sports shooting event is for a prescribed\nshooting discipline; and\n(b) the club is affiliated with the appropriate national or\ninternational body that administers the particular shooting\ndiscipline.\n","sortOrder":42},{"sectionNumber":"30B","sectionType":"section","heading":"Records to be kept by firearms clubs","content":"30B Records to be kept by firearms clubs\n(1) The holder of a firearms club licence must keep and maintain\nrecords containing:\n(a) the names and addresses of all present and past members for\nthe firearms club; and\n(b) the financial status of members; and\n(c) for each member – particulars of competition shooting and\nevents organised or co-ordinated by the firearms club that the\nmember has participated including the date of the competition\nor event and the time when the member commenced and\nfinished competing; and\n\nFirearms Act 1997 34\n(d) the names of range officers and other persons responsible for\nconducting competition shooting and events organised or\nco-ordinated by the firearms club and the dates and times\nwhen they were responsible for conducting a competition or\nevent.\n(2) The holder of a firearms club licence must, on demand by a police\nofficer, produce to the officer a record required to be kept under\nsubsection (1).\n(3) A police officer may:\n(a) examine a record kept under subsection (1); and\n(b) make copies of, or take extracts from, the record; and\n(c) retain the record for any reasonable period that the officer\nthinks fit.\n(4) The holder of a firearms club licence must provide to the\nCommissioner within 3 months after the end of each financial year\nan annual report in the approved form giving the following details:\n(a) the name and address of each person who was a member of\nthe firearms club during the year and whether or not the\nmember was a financial member;\n(b) particulars of category H firearms held by each of those\nmembers;\n(c) particulars of participation in category H sports shooting\nevents during the year by each of those members (if\napplicable), including the dates of the events.\nMaximum penalty: 100 penalty units.\n","sortOrder":43},{"sectionNumber":"30C","sectionType":"section","heading":"Firearms instructor licence","content":"30C Firearms instructor licence\nA firearms instructor licence authorises the holder to possess and\nuse firearms of a category specified in the licence for the purpose of\nconducting approved firearms training and safety courses.\n\nFirearms Act 1997 35\n","sortOrder":44},{"sectionNumber":"Div 13A","sectionType":"division","heading":"Firearms employee licence","content":"Division 13A Firearms employee licence\n30CA Firearms employee licence\n(1) A firearms employee licence held by a person who is employed by\nthe holder of a firearms dealer licence or firearms museum licence\nauthorises the person to do anything that the person's employer is\nauthorised to do under the employer's licence but only:\n(a) in relation to firearms of a category specified in the firearms\nemployee licence that are possessed by the person's\nemployer; and\n(b) for a purpose relating to the person's duties as an employee.\n(2) A firearms employee licence held by a person who is employed by\nthe holder of a firearms corporate licence authorises the person to\npossess and use firearms but only:\n(a) firearms of a category specified in the firearms employee\nlicence that are possessed by the person's employer; and\n(b) for a purpose relating to the person's duties as an employee.\n(3) If the holder of a firearms employee licence ceases to be employed\nby the holder of the firearms dealer licence, firearms corporate\nlicence or firearms museum licence specified in the firearms\nemployee licence, the firearms employee licence immediately\nexpires.\n","sortOrder":45},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Paintball operator licences","content":"Subdivision 1 Paintball operator licences\n","sortOrder":46},{"sectionNumber":"30D","sectionType":"section","heading":"Effect of licence","content":"30D Effect of licence\nA paintball operator licence authorises the holder, and the\nrepresentative, to possess and use paintball firearms and pellets for\ncarrying on the business of paintball operator at the paintball range\nspecified in the licence.\n","sortOrder":47},{"sectionNumber":"30E","sectionType":"section","heading":"Effect of licence","content":"30E Effect of licence\nA paintball employee licence authorises the holder to possess and\nuse paintball firearms and pellets for purposes relating to the\nperformance of the employee's duties as an employee of the\napproved paintball operator specified in the licence at the operator's\n\nFirearms Act 1997 36\napproved paintball range.\n","sortOrder":48},{"sectionNumber":"30F","sectionType":"section","heading":"Licence expires if holder ceases to be employee","content":"30F Licence expires if holder ceases to be employee\nIf the holder of a paintball employee licence ceases to be employed\nby the approved paintball operator specified in the licence, the\nlicence immediately expires.\n","sortOrder":49},{"sectionNumber":"30G","sectionType":"section","heading":"Disclosure of information by Commissioner to approved","content":"30G Disclosure of information by Commissioner to approved\npaintball operator\n(1) The Commissioner may give an approved paintball operator\ninformation held by the Commissioner about a paintball employee,\nor prospective paintball employee, of the operator (the relevant\nperson).\n(2) The information given may only be information about:\n(a) an authority, or corresponding authority, of the relevant person\nthat has been suspended or revoked within 5 years before the\ninformation is given; or\n(b) an application for an authority, or corresponding authority, by\nthe relevant person that has been refused within 5 years\nbefore the information is given; or\n(c) whether the operator is prohibited from employing the relevant\nperson, and if so, the reason and period of the prohibition.\n(3) If a paintball employee licence is suspended or revoked, the\nCommissioner must inform the approved paintball operator\nspecified in the employee's licence.\nauthority means a licence, permit or certificate of registration.\n31 Grant of permits\n(1) The Commissioner may grant a permit for one or more of the\nfollowing purposes:\n(a) to authorise a person to purchase, hire, lease or acquire a\nfirearm;\n(b) to authorise the possession or use of a firearm by a person\nresiding temporarily in the Territory;\n\nFirearms Act 1997 37\n(c) to authorise the use by the holder of a firearms collector\nlicence of a firearm possessed under the licence;\n(d) to authorise the possession or use of firearms for film,\ntheatrical productions or other artistic purposes;\n(e) to authorise the acquisition, sale or transfer of a firearm in\nsuch circumstances as may be prescribed;\n(f) to authorise the shortening or conversion of a firearm;\n(fa) to authorise the temporary possession or use of a firearm by\nthe holder of a licence for a specified reason not covered by\nthe holder's licence;\n(fb) to authorise a person to use under supervision a category H\nfirearm for sports shooting at an approved firearms club;\n(fc) to authorise an approved firearms club to permit a person or\nclass of persons to use under supervision a category H\nfirearm for sports shooting at the firearms club;\n(fd) to authorise an approved paintball operator, and the\nrepresentative, to possess and use paintball firearms and\npellets for carrying on the operator's business specified in the\npermit at the temporary paintball range specified in the permit;\n(fe) to authorise the holder, and employees of the holder, to\npossess, purchase and sell only ammunition of a category\nspecified in the permit;\n(g) to authorise anything else for which provision is made by the\nRegulations and required by the Regulations to be authorised\nby a permit.\n(2) The Commissioner must not grant a permit for the purpose\nspecified in subsection (1)(fb) unless the application is\naccompanied by:\n(a) an endorsement from an approved firearms club to the effect\nthat:\n(i) the applicant is a member of the club; and\n(ii) the applicant has provided the club with:\n(A) details of the applicant's membership of any other\nfirearms clubs and the firearms owned by the\napplicant; and\n\nFirearms Act 1997 38\n(B) at least 2 character references from persons who\nhave known the applicant for at least 2 years; and\n(iii) the club supports the application; and\n(b) an authority from the applicant authorising the Commissioner\nto disclose to the club the applicant's criminal history at any\ntime while the permit is in force.\n(3) The Commissioner may grant a permit to authorise a person to do\nany or all of the things that may be authorised under a firearms\narmourer licence.\n(4) Part 3, Division 5 applies (with the necessary changes) to the\nholder of a permit under subsection (3) as if the person were the\nholder of a firearms armourer licence.\n","sortOrder":50},{"sectionNumber":"32","sectionType":"section","heading":"Application for permit","content":"32 Application for permit\n(1) An application for a permit is to be:\n(2) Also, the applicant must give the Commissioner the further\ninformation requested by the Commissioner for considering the\napplication.\n(3) In addition, an application for a permit to carry on the business of\npaintball operator at a temporary paintball range must:\n(a) describe the applicant's proposed business at the paintball\nrange and the period for which the permit is required; and\n(b) specify the names and addresses of the following persons:\n(i) the person who will be primarily responsible for the\ncontrol and management of the business (the\nrepresentative);\n(ii) prospective paintball employees of the business; and\n(c) specify:\n(i) the name and address of each person who is a close\nassociate of the applicant; and\n\nFirearms Act 1997 39\n(ii) particulars of the nature of the person's association with\nthe applicant.\n(4) An application for an ammunition retail permit must, if the applicant\nis a body corporate, specify the name of the person (who must be\nan employee of the applicant) who will be the representative of the\nholder of the permit in respect of activities conducted under the\npermit.\n","sortOrder":51},{"sectionNumber":"33","sectionType":"section","heading":"General restrictions on granting permits","content":"33 General restrictions on granting permits\n(1) The Commissioner is not to grant a permit unless satisfied that the\napplicant:\n(a) is at least 18 years of age unless:\n(i) the applicant is the holder of a firearms club junior\n(ii) the permit is to use under supervision a category H\nfirearm for sports shooting at an approved firearms club;\nand\n(b) is a fit and proper person; and\n(c) has not, within 10 years before the application for the permit\nwas made, been found guilty in the Territory or elsewhere, of a\ndisqualifying offence; and\n(ca) has not, within 5 years before the application for the permit\nwas made, been found guilty in the Territory or elsewhere, of\nan offence of violence; and\n(cb) is able to meet the storage and safety requirements\nprescribed under this Act or approved by the Commissioner;\nand\n(d) does not have a final domestic violence order in force against\nhim or her and has not, within 5 years before the application\nfor the permit was made, had a final domestic violence order\nin force against him or her; and\n(da) does not have a personal violence restraining order in force\nagainst him or her; and\n(e) is not subject to an order, made in the Territory or elsewhere,\nto keep the peace; and\n\nFirearms Act 1997 40\n(f) if the applicant is the holder of a firearms junior club licence:\n(i) the applicant is at least 16 years of age and represents\nthe Territory in competition shooting at national or\ninternational level; and\n(ii) the application is accompanied by a written endorsement\nfrom the governing body in the Territory for the\ndisciplines in which the applicant shoots that the\napplicant is a representative of the Territory.\n(1A) The Commissioner is not to grant a permit if the applicant is\nprohibited from holding a licence to own or possess a firearm:\n(a) under this or any other Act; or\n(b) under an Act of the Commonwealth, a State or another\nTerritory; or\n(c) by an order or direction of a court (whether made or given in\nthe Territory or elsewhere).\n(2) Without limiting subsection (1), the Commissioner is not to grant a\npermit if the Commissioner has reasonable cause to believe that\nthe applicant may not personally exercise continuous and\nresponsible control over firearms because of:\n(a) the applicant's way of living or domestic circumstances; or\n(b) any previous attempt by the applicant to commit suicide or\ncause a self-inflicted injury; or\n(c) the applicant's intemperate habits or being of unsound mind.\n(3) The Commissioner may refuse to grant a permit if the\nCommissioner considers that to grant the permit would be contrary\nto the public interest.\n(3A) The Commissioner must refuse to grant a permit if the\nCommissioner is of the opinion, having regard to any criminal\nintelligence report or other criminal information the Commissioner\nholds about the applicant or representative, that:\n(a) the applicant is a risk to public safety; and\n(b) the grant of the permit would be contrary to the public interest.\n(3B) The Commissioner is not, under this or any other Act or law,\nrequired to give reasons for refusing to grant a permit on the\ngrounds mentioned in subsection (3A).\n\nFirearms Act 1997 41\n(3C) The Commissioner may refuse to grant an ammunition retail permit\nif, in respect of the particular application the Commissioner is not\nsatisfied the representative would be granted a permit under this\nsection if the representative were to apply for a permit.\n(4) The Regulations may provide other mandatory or discretionary\ngrounds for refusing to grant a permit.\n(5) This section does not apply to an application for a paintball operator\npermit.\n","sortOrder":52},{"sectionNumber":"33A","sectionType":"section","heading":"Possession and use of firearms by international competitors","content":"33A Possession and use of firearms by international competitors\n(1) An international competitor may possess or use a firearm for the\nsole purpose of competing in an approved shooting competition if\nhe or she is the holder of:\n(a) a permit; or\n(b) a corresponding permit;\nthat authorises the possession or use of the firearm for that\npurpose.\n(2) Despite section 33, the Commissioner may grant a permit to an\ninternational competitor for the sole purpose of competing in an\napproved shooting competition if:\n(a) the applicant provides the Commissioner with the prescribed\ninformation; and\n(b) the Commissioner is satisfied that the applicant is a fit and\nproper person to possess or use a firearm of the category to\nwhich the permit relates.\n","sortOrder":53},{"sectionNumber":"34","sectionType":"section","heading":"General provisions relating to permits","content":"34 General provisions relating to permits\n(1) A permit is subject to:\n(a) the conditions that are prescribed; and\n(b) the conditions specified by the Commissioner.\n(2) A permit remains in force for the period determined by the\nCommissioner and specified in the permit.\n(3) The Commissioner may suspend or revoke a permit for any reason\nfor which a licence may be suspended or revoked or that may be\nprescribed.\n\nFirearms Act 1997 42\n(4) The suspension or revocation of a permit takes effect when notice\nis served on the holder of the permit.\n(5) If a permit is suspended or revoked, the person to whom it was\ngranted must immediately surrender it, and any firearm or\nammunition in respect of which it was granted, to a police officer.\n(6) A police officer may seize a firearm or ammunition in respect of\nwhich a permit was granted if the permit is suspended or revoked.\n(7) Subject to this Act, a permit expires 3 months after the holder\nceases to reside in the Territory.\n","sortOrder":54},{"sectionNumber":"35","sectionType":"section","heading":"Permits to purchase or acquire firearms","content":"35 Permits to purchase or acquire firearms\n(1) The holder of a licence may apply to the Commissioner for a permit\nto purchase or acquire a firearm.\n(2) A separate permit to purchase or acquire a firearm is required for\neach firearm to be purchased or acquired.\n(3) The Commissioner:\n(a) is not to grant a permit to a person to purchase or acquire a\nfirearm unless the person is the holder of a licence authorising\nthe person to use or possess the firearm concerned; and\n(b) may refuse to grant a permit to purchase or acquire a firearm\nto a person who is the holder of a firearms club junior licence.\n(4) Subject to subsection (5), the Commissioner is not to grant to a\nperson a permit to purchase or acquire a firearm until after the end\nof the period of 28 days after the day on which the application for\nthe permit is made.\n(5) The Commissioner may grant a permit to a person to purchase or\nacquire a firearm before the expiration of the period mentioned in\nsubsection (4) if the checks prescribed by regulation have been\ncompleted and:\n(a) the person:\n(i) holds a licence and owns a registered firearm; and\n(ii) has established a genuine need for owning the firearm to\nbe purchased or acquired; or\n\nFirearms Act 1997 43\n(b) if the permit is for the purchase or acquisition of a category A\nfirearm or category B firearm – the person:\n(i) holds a licence for the category of firearm to be\npurchased or acquired; and\n(ii) owns a registered firearm of the same category as the\nfirearm to be purchased or acquired.\n(6) Unless revoked, a permit to purchase or acquire a firearm remains\nin force for the period specified in the permit or until the firearm to\nwhich the permit relates is purchased or acquired, whichever is the\nsooner.\n","sortOrder":55},{"sectionNumber":"35A","sectionType":"section","heading":"Permits for category H sports shooters","content":"35A Permits for category H sports shooters\n(1) The Commissioner must not grant to the holder of a category H\nsports shooter's licence a permit to purchase or acquire a firearm\nunless the holder has, at all times during the 6 months before the\napplication for the permit, held one or the other of the following:\ngenuine reason of sports shooting.\n(2) The Commissioner must not grant to the holder of a category H\nsports shooter's licence a permit to acquire a firearm unless the\npermit is for a prescribed firearm.\n(3) The Commissioner must not grant to the holder of a category H\nsports shooter's licence a permit to acquire a firearm if the\nacquisition under the permit would result in the holder exceeding\nthe limits on firearm ownership specified in section 35B.\n(4) The Commissioner may grant to the holder of a category H sports\nshooter's licence a permit to acquire a firearm only if the application\nfor the permit is accompanied by an endorsement by an approved\nfirearms club:\n(a) to the effect that:\n(i) the applicant is, and has been for more than 6 months, a\nshooting member of the firearms club; and\n(ii) the applicant has complied with the licence condition\nspecified in section 15C(d); and\n(iii) the club supports the application for a permit; and\n\nFirearms Act 1997 44\n(b) giving details of the shooting disciplines the firearm to be\npurchased under the permit is to be used for at the club; and\n(c) confirming that the applicant has adequate storage facilities to\ncater for the firearm to be purchased under the permit; and\n(d) if the permit sought relates to a firearm with a calibre greater\nthan .38\", confirming that:\n(i) the firearm is intended for use in a specially accredited\ndiscipline; and\n(ii) the applicant is affiliated with the appropriate national or\ninternational body that administers the particular\nshooting discipline; and\n(e) providing any further particulars that the Commissioner\nrequires.\n","sortOrder":56},{"sectionNumber":"35B","sectionType":"section","heading":"Limits on firearm ownership under category H sports shooter's","content":"35B Limits on firearm ownership under category H sports shooter's\n(1) The holder of a category H sports shooter's licence who has, at all\ntimes during the preceding 6 months, held one or the other of the\ngenuine reason of sports shooting;\nmay hold only the following firearms under the licence:\n(c) one .22\" calibre pistol or one centrefire pistol;\n(d) one .177\" air pistol;\n(e) one black powder muzzle loading pistol or one cap and ball\npercussion fired revolver.\n(2) The holder of a category H sports shooter's licence who has, at all\ntimes during the preceding 12 months, held one or the other of the\ngenuine reason of sports shooting;\n\nFirearms Act 1997 45\nmay, in addition to the firearms permitted to be held under\nsubsection (1), hold other firearms under the licence if the holder:\n(c) demonstrates a genuine need for the additional firearms,\nincluding by specifying the category H sports shooting\ndiscipline for which the firearms are required; and\n(d) has adequate storage facilities to cater for the additional\nfirearms.\n","sortOrder":57},{"sectionNumber":"35C","sectionType":"section","heading":"Permits under firearms collector licence","content":"35C Permits under firearms collector licence\n(1) The Commissioner must not grant a permit to the holder of a\nfirearms collector licence for a firearm manufactured on or after\n1 January 1947 unless:\n(a) the holder is a student of arms; and\n(b) the firearm for which the permit is sought fits within the theme\nof the holder's firearms collection and will enhance the\ncollection's historical or commemorative value.\n(2) A student of arms is a person who:\n(a) is the holder of a firearms collector licence; and\n(b) is, and has been for at least 12 months, a member of an\napproved historical firearms collector's society and the society\nrecognises the person to be a student of arms; and\n(c) can demonstrate regular attendance at meetings of the society\nand participation in displays held by the society; and\n(d) can demonstrate that the person's firearms collection has a\nthematic structure and historical or commemorative value; and\n(e) possesses a research library or contributes to the literature on\nthe theme of the person's collection.\n","sortOrder":58},{"sectionNumber":"35D","sectionType":"section","heading":"Restriction on granting paintball operator permit","content":"35D Restriction on granting paintball operator permit\nThe Commissioner must not grant a paintball operator permit if the\napplicant would not be entitled to be granted a paintball operator\nlicence to carry on the business of paintball operator at the paintball\nrange for which the permit is sought.\n\nFirearms Act 1997 46\n","sortOrder":59},{"sectionNumber":"36","sectionType":"section","heading":"Registration of firearms","content":"36 Registration of firearms\n(1) An application to register a firearm is to be:\n(2) Subject to this section, the Commissioner is to register a firearm\nthat is the subject of an application.\n(3) The Commissioner:\n(a) is not to register a firearm unless the applicant is the holder of\na licence that permits the holder to possess firearms of the\ncategory of the firearm to be registered; and\n(b) may refuse to register a firearm if the applicant is the holder of\na firearms club junior licence.\n(4) The Commissioner may refuse to register a firearm if it is not\nproduced to a police officer for inspection.\n(5) The Commissioner registers a firearm by entering in the register\nparticulars of the firearm and particulars relating to the person in\nwhose name it is registered.\n(6) The Commissioner is to issue a certificate of registration to a\nperson in whose name a firearm is registered where:\n(a) the firearm is registered in accordance with subsection (5); or\n(b) the Commissioner records in the register a change in the\nparticulars relating to the person in whose name a firearm is\nregistered.\n","sortOrder":60},{"sectionNumber":"37","sectionType":"section","heading":"Duration of registration","content":"37 Duration of registration\n(1) A firearm ceases to be registered:\n(a) if the person in whose name it is registered dies or, for a\nfirearm registered in the name of a corporation, the\ncorporation is dissolved; or\n(b) if it is sold or otherwise disposed of; or\n(c) if it is lost or stolen; or\n\nFirearms Act 1997 47\n(d) if it is altered in a way:\n(i) that affects its safety or fitness for use; or\n(ii) that it becomes a firearm of a different category from the\ncategory specified in the certificate of registration\nrelating to it.\n(2) Where a person was, immediately before his or her death, the\nholder of a certificate of registration for a firearm, the personal\nrepresentative of the person is, for 28 days or any longer period\nthat the Commissioner in writing allows, taken to be the holder of\nthe certificate of registration for the purpose of disposing of the\nfirearm in accordance with this Act.\n(3) A certificate of registration expires 3 months after the holder ceases\nto reside permanently in the Territory.\n","sortOrder":61},{"sectionNumber":"Part 6","sectionType":"part","heading":"Surrender or revocation of licences, permits","content":"Part 6 Surrender or revocation of licences, permits\nand certificates of registration\n","sortOrder":62},{"sectionNumber":"38","sectionType":"section","heading":"Suspension of licence, permit or registration","content":"38 Suspension of licence, permit or registration\n(1) The Commissioner may, if satisfied there may be grounds for\nrevoking a licence, permit or certificate of registration, suspend the\nlicence, permit or certificate by serving written notice on the holder.\n(2) A notice under subsection (1) is to:\n(a) state that the licence, permit or certificate is suspended and\nthe reasons for suspending it; and\n(b) request the holder to provide the Commissioner with reasons\nwhy the licence, permit or certificate should not be revoked.\n(3) A licence, permit or certificate of registration is suspended for the\nperiod, not longer than 28 days, specified in the notice.\n(4) The holder of a licence, permit or certificate of registration\nsuspended under this section is not authorised to possess or use a\nfirearm of the category or the firearm, as the case may be, specified\nin the licence, permit or certificate during the period of the\nsuspension.\n\nFirearms Act 1997 48\n","sortOrder":63},{"sectionNumber":"39","sectionType":"section","heading":"Suspension on making of interim domestic violence order","content":"39 Suspension on making of interim domestic violence order\n(1) A licence, permit or certificate of registration is automatically\nsuspended on the making of an interim domestic violence order or\ninterim personal violence restraining order against the holder and\nthe suspension remains in force until the order is confirmed or\nrevoked.\n(2) If a licence, permit or certificate of registration is automatically\nsuspended by subsection (1), the person to whom it is granted must\nimmediately:\n(a) surrender the suspended licence, permit or certificate of\nregistration to a police officer; and\n(b) deliver a firearm in respect of which the licence, permit or\ncertificate is granted to a member of the Police Force.\n","sortOrder":64},{"sectionNumber":"40","sectionType":"section","heading":"Revocation of licence, permit or registration","content":"40 Revocation of licence, permit or registration\n(1) A licence, permit or a certificate of registration is automatically\nrevoked:\n(a) on a final domestic violence order, a personal violence\nrestraining order or an order to keep the peace being made\nagainst the holder; or\n(b) on the holder being found guilty of a disqualifying offence, an\noffence of violence or an offence against this Act.\n(2) The Commissioner is, by written notice served on the holder of a\nlicence or permit, to revoke the licence or permit if satisfied that the\nholder has failed to comply with a condition of the licence or permit\nthat is prescribed for this subsection.\n(2A) The Commissioner must, by written notice served on the holder of a\nlicence or permit, revoke the licence or permit if satisfied that the\nloss or theft of a firearm was due to the negligence or fraud of the\nholder.\n(3) The Commissioner may, by written notice served on the holder of a\nlicence, permit or certificate of registration, revoke the licence,\npermit or certificate:\n(a) for any reason for which the holder would be required to be\nrefused a licence or permit of the same kind or a certificate of\nregistration; or\n\nFirearms Act 1997 49\n(b) if the holder supplied information that was false or misleading\nin a material particular in, or in connection with, the application\nfor the licence, permit or certificate of registration; or\n(c) if the holder is found guilty of an offence against a law in force\nin the Territory, or an offence in a State or another Territory,\n(whether committed before or after the granting of the licence,\npermit or certificate) relating to a firearm or the possession or\nuse of a firearm or any other offence that, in the opinion of the\nCommissioner, makes the holder not fit to possess or use a\nfirearm or to hold a licence, permit of the kind held or a\ncertificate; or\n(d) in the case of a licence or permit, if the holder contravenes a\ncondition of the licence or permit; or\n(e) if the Commissioner is of the opinion that the holder is no\nlonger a fit and proper person to hold the licence, permit or\ncertificate; or\n(f) in the case of a firearms dealer licence, if:\n(i) the holder is not in charge of the premises used under\nthe licence to carry on the business; or\n(ii) the holder no longer deals in firearms; or\n(iii) the premises used under the licence to carry on the\nbusiness are no longer satisfactory for that purpose; or\n(g) in the case of a firearms armourer licence, if:\n(i) the holder is not in charge of the premises used under\nthe licence to carry on the business; or\n(ii) the holder no longer repairs or stores firearms; or\n(iii) the premises used under the licence to carry on the\nbusiness are no longer satisfactory for that purpose; or\n(h) in the case of a firearms collector licence, if:\n(i) the holder of the licence is no longer a bona fide\ncollector of firearms or is not, or will no longer be, in\ncharge of the premises where the firearms are usually\nkept; or\n(ii) the premises where the firearms are usually kept are no\nlonger satisfactory for the storage or safe keeping of the\nfirearms; or\n\nFirearms Act 1997 50\n(j) in the case of a firearms corporate licence, if:\n(i) the holder no longer has a good reason for employees to\npossess or use firearms; or\n(ii) the holder's premises are no longer satisfactory for the\nstorage or safe keeping of firearms; or\n(k) in the case of a firearms employee licence, if the holder is no\nlonger carrying out the duties in relation to which the licence\nwas granted; or\n(l) in the case of a paintball operator licence or permit, if:\n(i) the holder is no longer entitled to use the approved\npaintball range; or\n(ii) the holder no longer carries on the business of paintball\noperator at the approved paintball range.\n(4) The revocation of a licence, permit or certificate of registration\nunder subsection (2), (2A), or (3) takes effect when the notice is\nserved on the holder or on a later date specified in the notice,\nirrespective of whether the holder applies to NTCAT under section\n50 for review of the Commissioner's decision.\n(5) A person must, immediately after a notice under this section is\nserved on him or her, or where in the notice the person is allowed\ntime to sell or otherwise dispose of the firearm, not later than the\ntime so allowed:\n(a) surrender the revoked licence, permit or certificate of\nregistration to the Commissioner; and\n(b) subject to section 44, deliver a firearm in respect of which the\nlicence, permit or certificate was granted to a police officer.\n(6) If a licence, permit or certificate of registration is automatically\nrevoked by subsection (1), the person to whom it was granted must\nimmediately:\n(a) surrender the revoked licence, permit or certificate of\nregistration to a police officer; and\n\nFirearms Act 1997 51\n(b) deliver a firearm in respect of which the licence, permit or\ncertificate was granted to a police officer.\n","sortOrder":65},{"sectionNumber":"40A","sectionType":"section","heading":"Revocation on basis of criminal intelligence","content":"40A Revocation on basis of criminal intelligence\n(1) The Commissioner must revoke a licence, permit or certificate of\nregistration if the Commissioner is of the opinion, having regard to\nany criminal intelligence report or other criminal information the\nCommissioner holds about the holder of the licence or permit, the\nrepresentative for the licence or permit or the person in whose\nname the firearm is registered, that:\n(a) the holder, representative or person is a risk to public safety;\nand\n(b) the holding of the licence or permit or the registration would be\ncontrary to the public interest.\n(2) The Commissioner is not, under this or any other Act or law,\nrequired to give reasons for revoking a licence, permit or certificate\nof registration on the grounds mentioned in subsection (1).\n","sortOrder":66},{"sectionNumber":"40B","sectionType":"section","heading":"Seizure of firearms on revocation","content":"40B Seizure of firearms on revocation\n(1) If a licence, permit or certificate of registration is:\n(a) suspended by the Commissioner under section 38; or\n(b) automatically suspended under section 39; or\n(c) automatically revoked under section 40; or\n(d) revoked by the Commissioner under section 40 or 40A;\nthe Commissioner must cause notice of the suspension or\nrevocation to be served personally on the person who was the\nholder of the licence or permit or in whose name the firearm was\nregistered.\n(2) At the time of serving a notice under subsection (1), a police officer\nmay, without a warrant and using the force that is necessary and\nwith any necessary assistance, enter premises, a vessel, vehicle,\naircraft or other place to search for and seize any firearm or\nammunition in the possession of the person whose licence or\npermit has been suspended or revoked or in whose name a firearm\nwas registered until the registration was suspended or revoked.\n\nFirearms Act 1997 52\n","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Surrender by holder","content":"41 Surrender by holder\n(1) The holder of a licence, permit or certificate of registration may, by\nwritten notice to the Commissioner accompanied by:\n(a) the licence, permit or certificate; or\n(b) a statutory declaration setting out the reasons why the licence,\npermit or certificate is not accompanying the notice,\nsurrender the licence, permit or certificate.\n(2) The surrender of a licence, permit or certificate of registration under\nsubsection (1) takes effect when the notice is received by the\n","sortOrder":68},{"sectionNumber":"42","sectionType":"section","heading":"Suspension by police officer or Commissioner","content":"42 Suspension by police officer or Commissioner\n(1) A police officer in charge of a police station or with the rank of\nsenior sergeant or higher may, by written notice served on the\nholder of a licence, permit or certificate of registration, suspend the\nlicence, permit or certificate:\n(a) on the request of the holder; or\n(b) if the holder has been charged with an offence against a law in\nforce in the Territory or in a State or another Territory relating\nto firearms (or any other offence that, in the opinion of the\nCommissioner would, if the person is found guilty, render the\nperson not fit to possess or use a firearm or to hold a licence,\npermit or certificate of the kind held) and is awaiting the\nhearing of the charge; or\n(c) if the offficer believes on reasonable grounds that the holder is\nsuffering from a physical or mental infirmity or incapacity and,\nas a result of possessing a firearm, may be a danger to the\nsafety of the person or to another person, or to property; or\n(d) after receiving a report under section 101; or\n(e) if the officer believes, on reasonable grounds, that the person\nhas made a statement that is false or misleading in a material\nparticular in the application for the licence, permit or\ncertificate.\n(1A) The Commissioner may, by written notice served on the holder of a\nlicence, permit or certificate, suspend the licence, permit or\ncertificate for a specified period or until conditions specified in the\nnotice are complied with.\n\nFirearms Act 1997 53\n(2) A person must, immediately after a notice under subsection (1)\nor (1A) is served on him or her or not later than the period specified\nin the notice, deliver to a police officer or to a person nominated by\nthe person and approved by a police officer:\n(a) the licence, permit or certificate of registration; and\n(b) the firearm to which the notice relates.\n(3) If the person does not comply with the notice, a police officer may,\nwithout a warrant:\n(a) enter any place the officer reasonably believes the firearm\nmay be found; and\n(b) search the place and seize the firearm.\n(4) The police officer may exercise the powers with the assistance, and\nusing the force, that is reasonably necessary in the circumstances.\n","sortOrder":69},{"sectionNumber":"43","sectionType":"section","heading":"Refusal or revocation by Commissioner","content":"43 Refusal or revocation by Commissioner\n(1) If the Commissioner refuses to grant or revokes a licence, permit or\ncertificate of registration, the applicant or the former holder may not\napply for a licence or permit of the same type or for a certificate of\nregistration:\n(a) until any conditions specified in the notice of refusal or\nrevocation are met; or\n(b) during a period specified in the notice.\n(2) A person must, immediately after a notice under subsection (1) is\nserved on him or her or not later than the period specified in the\nnotice, deliver to a police officer or to a person nominated by the\nperson and approved by a police officer:\n(a) the licence, permit or certificate of registration; and\n(b) any firearm to which the notice relates.\n","sortOrder":70},{"sectionNumber":"44","sectionType":"section","heading":"Disposal of firearms","content":"44 Disposal of firearms\n(1) If the Commissioner under section 40 allows a person time to sell or\notherwise dispose of a firearm, the person must, within the time\n\nFirearms Act 1997 54\nspecified in the notice of revocation, sell or otherwise dispose of the\nfirearm, unless the person applies to NTCAT under section 50 for\nreview of the Commissioner's decision.\n(2) If a person sells or disposes of a firearm under this section or in\naccordance with a decision made by NTCAT on review of the\nCommissioner's decision, the person must, not later than 2 working\ndays after the sale or disposal, give to the Commissioner, by written\nnotice, the approved particulars concerning the sale or disposal.\n","sortOrder":71},{"sectionNumber":"45","sectionType":"section","heading":"Delivery of firearms to Commissioner for safekeeping","content":"45 Delivery of firearms to Commissioner for safekeeping\n(1) Subsection (2) applies to a person if:\n(a) the Commissioner:\n(i) revokes the person's licence, permit or certificate of\nregistration under section 40; and\n(ii) allows the person time to sell or otherwise dispose of a\nfirearm in the notice of revocation; and\n(b) the person applies to NTCAT under section 50 for review of\nthe Commissioner's decision to revoke the licence, permit or\ncertificate.\n(2) The person must deliver to the Commissioner for safe keeping all\nfirearms that the person would be required to sell or otherwise\ndispose of in accordance with section 44 if the application to\nNTCAT had not been made.\n","sortOrder":72},{"sectionNumber":"46","sectionType":"section","heading":"Storage and safe keeping requirements","content":"46 Storage and safe keeping requirements\n(1) A person in possession of a firearm or ammunition:\n(a) must take all reasonable precautions to ensure that:\n(i) it is kept safely; and\n(ii) it is not stolen or lost; and\n\n","sortOrder":73},{"sectionNumber":"Part 8","sectionType":"part","heading":"Premises used by firearms clubs, for shooting activities and paintball ranges","content":"Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges\nFirearms Act 1997 55\n(iii) it does not come into the possession of a person who is\nnot authorised to possess it; and\n(b) must comply with the storage and safe keeping requirements\nunder this Act that apply to the firearm or ammunition.\nMaximum penalty: If the offender is an individual – 50 penalty\n250 penalty units.\n(2) Subsection (1)(b) does not apply in relation to a firearm if the\nperson in possession of the firearm satisfies the Commissioner that\nthe person has provided alternative arrangements for the storage\nand safe keeping of the firearm (and any ammunition) that are of a\nstandard not less than the requirements under the Act.\n(3) The Regulations may specify the minimum standards for storage\nand safe keeping of firearms or classes of firearms (and\nammunition).\n","sortOrder":74},{"sectionNumber":"47","sectionType":"section","heading":"Seizure of firearms if storage requirements not met","content":"47 Seizure of firearms if storage requirements not met\nA police officer may seize a firearm or ammunition that the officer\nhas reasonable grounds to believe is not being stored in\naccordance with this Act.\nPart 8 Premises used by firearms clubs, for shooting\nactivities and paintball ranges\n","sortOrder":75},{"sectionNumber":"48","sectionType":"section","heading":"Premises used by firearms clubs and for shooting activities","content":"48 Premises used by firearms clubs and for shooting activities\n(1) A person who is a member of the management committee of a\nfirearms club must not use, or knowingly permit another person to\nuse, a firearm on premises occupied by the firearms club unless the\npremises are approved under section 49.\n(2) The occupier of premises used as a shooting gallery or amusement\nparlour must not permit a person to use a firearm on the premises\nunless the premises are approved under section 49.\n\nPart 8 Premises used by firearms clubs, for shooting activities and paintball ranges\nFirearms Act 1997 56\n","sortOrder":76},{"sectionNumber":"49","sectionType":"section","heading":"Approval of premises used by firearms clubs and for shooting","content":"49 Approval of premises used by firearms clubs and for shooting\nactivities\n(1) A person may apply to the Commissioner in the approved form for\nan approval under this section in respect of the premises specified\nin the application.\n(2) The Commissioner is to, as soon as practicable after receiving an\napplication under subsection (1), approve or refuse to approve the\npremises.\n(3) The Commissioner is to refuse to approve premises unless satisfied\nthat the premises are equipped with approved safety equipment\nand the premises are located and constructed so that the use of\nfirearms on the premises will not constitute a danger to persons on\nthe premises or to the public in the vicinity of the premises.\n(4) The Commissioner may, when approving premises, or at any time\nwhile an approval remains in force, give a direction to a person\nconcerning the use, control or administration of the premises for the\npreservation of public safety and the safety of the persons on the\npremises.\n(5) A person to whom a direction is given under subsection (4) must\nnot contravene the direction.\n12 months or, in the case of a body\ncorporate, 200 penalty units.\n(6) The Commissioner may suspend, for a specified period or until\nspecified conditions are complied with, or revoke an approval given\nunder this section if satisfied that:\n(a) the premises are a danger to persons or to the public in the\nvicinity of the premises; or\n(b) a direction given under subsection (4) has not been complied\nwith.\n","sortOrder":77},{"sectionNumber":"49A","sectionType":"section","heading":"Approval of premises for use as paintball range","content":"49A Approval of premises for use as paintball range\n(1) A person may apply to the Commissioner for an approval for the\nuse of premises as a paintball range.\n(2) The application must be in the approved form.\n(3) The Commissioner must, as soon as practicable:\n(a) consider the application and approve or refuse it; and\n\nFirearms Act 1997 57\n(b) give written notice to the applicant of the decision and, if\nrefused, the reasons for it.\n(4) Without limiting subsection (3), the Commissioner must refuse the\napplication unless satisfied:\n(a) the person has all necessary approvals for the use of the\npremises as a paintball range under the laws of the Territory;\nand\n(b) the premises are suitable for use as a paintball range; and\n(c) the use of firearms on the premises will not constitute a\ndanger to persons on the premises or to the public in the\nvicinity of the premises.\n(5) In deciding whether premises are suitable for use as a paintball\nrange, the Commissioner must consider:\n(a) if a building is constructed on the premises – its design and\nconstruction; or\n(b) if a building is to be constructed on the premises – its design\nand proposed construction.\n(6) The approval may be subject to the reasonable conditions the\nCommissioner considers appropriate.\n","sortOrder":78},{"sectionNumber":"49B","sectionType":"section","heading":"Definitions","content":"49B Definitions\nIn this Part:\naffected person, see section 49L(2).\nfirearm prohibition order means an order made under\nsection 49E.\nfirearm related item, see section 49C.\nprohibited premises, see section 49D.\nreviewable decision, see section 49L(1).\n\nFirearms Act 1997 58\n","sortOrder":79},{"sectionNumber":"49C","sectionType":"section","heading":"Meaning of firearm related item","content":"49C Meaning of firearm related item\nA firearm related item means any of the following:\n(a) ammunition;\n(b) a silencer;\n(c) an item that is designed as, or reasonably capable of forming,\npart of a firearm;\n(d) any other item prescribed by regulation.\nExamples for paragraph (c)\nA barrel, breech block, pistol slide, frame, receiver, cylinder, trigger mechanism,\nbolt, stock, grip, operating mechanism or magazine.\n","sortOrder":80},{"sectionNumber":"49D","sectionType":"section","heading":"Meaning of prohibited premises","content":"49D Meaning of prohibited premises\nA prohibited premises is any of the following:\n(a) the premises of a firearms dealer;\n(b) the premises of an armourer;\n(c) a shooting range;\n(d) a handgun target shooting club;\n(e) a firearm collectors club;\n(f) a shooting club;\n(g) a place where a shooting match is occurring;\n(h) a firearms fair;\n(i) a shooting gallery;\n(j) a paintball range or a place where paintball activities are\ncarried out;\n(k) a premises where firearms are stored;\n(l) any other premises prescribed by regulation.\n\nFirearms Act 1997 59\n","sortOrder":81},{"sectionNumber":"49E","sectionType":"section","heading":"Firearm prohibition order","content":"49E Firearm prohibition order\n(1) The Commissioner may make a firearm prohibition order in relation\nto a person prohibiting the person from:\n(a) acquiring a firearm or firearm related item; and\n(b) possessing or using any firearm or firearm related item; and\n(c) being in the company of a person who acquires, possesses or\nis using a firearm or firearm related item.\n(2) The Commissioner must not make a firearm prohibition order in\nrelation to a person under 14 years of age.\n(3) A firearm prohibition order may be made even if the person who is\nsubject to the order or to be subject to the order has never\nacquired, possessed or used a firearm or firearm related item.\n","sortOrder":82},{"sectionNumber":"49F","sectionType":"section","heading":"Considerations in making firearm prohibition order","content":"49F Considerations in making firearm prohibition order\nThe Commissioner may make a firearm prohibition order in relation\nto a person if the Commissioner is satisfied that it is in the public\ninterest to do so for any of the following reasons:\n(a) because of the criminal history of the person;\n(b) because of the behaviour of the person;\n(c) because of the people with whom the person associates;\n(d) because of any criminal intelligence report or other criminal\ninformation the Commissioner holds about the person or the\npeople with whom the person associates;\n(e) because, on the basis of information the Commissioner holds\nabout the person, the person may pose a threat or risk to\npublic safety if the person acquires, possesses or uses a\nfirearm or firearm related item.\n","sortOrder":83},{"sectionNumber":"49G","sectionType":"section","heading":"Form and content of order","content":"49G Form and content of order\n(1) A firearm prohibition order must contain the following particulars:\n(a) a statement of the effect of the order, including the conduct\nprohibited by the order and the powers for enforcing the order\nunder this Part;\n\nFirearms Act 1997 60\n(b) the consequences that may follow if the person to whom the\norder relates contravenes the order;\n(c) the identity of the person to whom the order relates;\n(d) a statement that the order takes effect on the day on which it\nis served on the person to whom it relates;\n(e) the date on which the order expires;\n(f) the provisions of this Act that empower the making of the\norder;\n(g) that the person to whom the order relates may apply to\nNTCAT under section 49L or 49M for review of the decision to\nmake the order;\n(h) subject to subsection (2), the Commissioner's reasons for the\nmaking of the order;\n(i) details of:\n(i) the effect of section 49K; and\n(ii) the offences in Division 4 and section 49Y(2); and\n(iii) the powers of police officers in Division 5.\n(2) Subsection (1)(h) does not require the Commissioner to include\nreasons for making the order if those reasons are as mentioned in\nsection 49F(d).\n","sortOrder":84},{"sectionNumber":"49H","sectionType":"section","heading":"Duration of order","content":"49H Duration of order\n(1) A firearm prohibition order that relates to a person who is 18 years\nof age or older remains in force for 10 years from the day on which\nit is served on the person under section 49J.\n(2) A firearm prohibition order that relates to a person who is under\n18 years of age remains in force for 5 years from the day on which\nit is served on the person under section 49J.\n","sortOrder":85},{"sectionNumber":"49J","sectionType":"section","heading":"Service of order","content":"49J Service of order\n(1) A firearm prohibition order must be personally served on the person\nto whom it relates by a police officer.\n(2) A firearm prohibition order takes effect on the date it is served on\nthe person to whom it relates.\n\nFirearms Act 1997 61\n(3) The police officer serving the order on the person must explain to\nthe person:\n(a) the effect of the order, including the conduct prohibited by the\norder and the powers for enforcing the order under this Part;\nand\n(b) the consequences that may follow if the person contravenes\nthe order; and\n(c) that the person may apply to NTCAT under section 49L\nor 49M for review of the decision to make the order.\n(4) As far as it is reasonably practicable to do so, the explanation must\nbe given in a language or in terms that are likely to be readily\nunderstood by the person.\n(5) A failure to comply with subsections (3) and (4) does not affect the\nvalidity of a firearm prohibition order.\n","sortOrder":86},{"sectionNumber":"49K","sectionType":"section","heading":"Cancellation or suspension of licences, permits and","content":"49K Cancellation or suspension of licences, permits and\ncertificates\n(1) Any licence, permit or certificate of registration under this Act held\nby a person to whom a firearm prohibition order relates is cancelled\nby the making of the order and the cancellation takes effect on the\norder being served on the person.\n(2) If a licence, permit or certificate of registration under this Act is held\nby a body corporate, the representative of the holder of the licence,\npermit or certificate of which is a person to whom a firearm\nprohibition order relates, the licence, permit or certificate is\nsuspended by the making of the order and the suspension takes\neffect on the order being served on the person.\n(3) However, the body corporate may, within 14 days of the date the\nsuspension takes effect, notify the Commissioner, in writing, of\nanother representative of the body corporate to hold the licence,\npermit or certificate.\n(4) If the Commissioner considers the representative mentioned in\nsubsection (3) to be a fit and proper person to have a firearm in the\nperson's possession or control, the Commissioner may lift the\nsuspension of the licence, permit or certificate held by the body\ncorporate.\n\nFirearms Act 1997 62\n(5) The licence, permit or certificate held by a body corporate is\ncancelled if:\n(a) the body corporate does not notify the Commissioner of\nanother representative within 14 days under subsection (3); or\n(b) the Commissioner does not consider the representative\nmentioned in subsection (3) to be a fit and proper person to\nhave a firearm in the person's possession or control.\n(6) Subsections (3) to (5) do not apply to a body corporate that is a\nfirearms dealer.\n(7) A suspension on a licence, permit or certificate of a representative\nof a firearms dealer under subsection (2) is taken to be a\ncancellation of the licence, permit or certificate.\n(8) A person to whom a firearm prohibition order relates must\nsurrender any firearm or firearm related item the person possesses\nor is using to the Commissioner as soon as practicable after being\nserved with the order.\nNotes for Division 3\n1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in\nrelation to reviews.\n2 The application of section 22 of the Northern Territory Civil and Administrative\nTribunal Act 2014 in relation to reviews of decisions under this Division is\nmodified by section 51 of this Act.\n","sortOrder":87},{"sectionNumber":"49L","sectionType":"section","heading":"Review by NTCAT – firearm prohibition orders","content":"49L Review by NTCAT – firearm prohibition orders\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) to make a firearm prohibition order under section 49E.\n(2) An affected person, for a reviewable decision, is the person to\nwhom the firearm prohibition order relates.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\n(4) Section 44(2) of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply in relation to a reviewable\ndecision for this section.\n\nFirearms Act 1997 63\n","sortOrder":88},{"sectionNumber":"49M","sectionType":"section","heading":"Further right to apply for review by NTCAT","content":"49M Further right to apply for review by NTCAT\n(1) Subject to this section, during the operation of a firearm prohibition\norder, an affected person may apply to NTCAT for a review of the\nreviewable decision.\n(2) An application under subsection (1) may be made:\n(a) if the affected person is under 18 years of age at the time the\norder was served on the person – at 12 monthly intervals\nduring the operation of the order; and\n(b) if the affected person is 18 years of age or over at the time the\norder was served on the person – at any time after more than\nhalf the time for which the order is in force has expired.\n(3) An application made under subsection (2)(a):\n(a) must be made within 28 days after the anniversary of the date\non which the order was served on the person; and\n(b) must not be made more than once in any 12 month period\nafter the anniversary of the date on which the order was\nserved on the person during the operation of the order.\n(4) An application made under subsection (2)(b) must not be made\nmore than once in respect of an order.\n(5) The right to apply for review under this section:\n(a) is in addition to the right set out in section 49L; and\n(b) may be exercised irrespective of whether a right under\nsection 49L has been exercised.\n(6) Section 44(2) of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply in relation to a reviewable\ndecision for this section.\n","sortOrder":89},{"sectionNumber":"49N","sectionType":"section","heading":"Confidentiality of classified information","content":"49N Confidentiality of classified information\n(1) In exercising its jurisdiction to review a reviewable decision under\nthis Part, NTCAT must take steps to maintain the confidentiality of\nclassified information provided to it by the Commissioner.\n(2) If NTCAT considers the classified information is criminal\nintelligence, the steps taken under subsection (1) includes steps to\nreceive evidence and hear argument about the information in\nprivate in the absence of the parties to the proceedings, their\nrepresentatives and the public.\n\nFirearms Act 1997 64\n(3) If NTCAT considers classified information is not criminal\nintelligence, NTCAT must allow the Commissioner to withdraw the\nclassified information from consideration.\n(4) This section applies to an appeal to the Supreme Court under\nsection 141 of the Northern Territory Civil and Administrative\nTribunal Act 2014 brought by a party in relation to a decision of\nNTCAT made in the exercise of its review jurisdiction under this\nDivision.\n(5) In this section:\nclassified information means information the Commissioner\nclassifies as criminal intelligence under the Serious Crime Control\nAct 2009.\n","sortOrder":90},{"sectionNumber":"49P","sectionType":"section","heading":"Offence to contravene firearm prohibition order","content":"49P Offence to contravene firearm prohibition order\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the person acquiring a firearm or firearm\nrelated item and the person is reckless in relation to that\nresult.\n(2) A person commits an offence if:\n(b) the person intentionally possesses or uses a firearm or firearm\nrelated item.\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n\nFirearms Act 1997 65\n","sortOrder":91},{"sectionNumber":"49Q","sectionType":"section","heading":"Offence to engage in conduct resulting in another person","content":"49Q Offence to engage in conduct resulting in another person\ncontravening firearm prohibition order\nA person commits an offence if:\n(a) another person is subject to a firearm prohibition order and the\nperson has knowledge of that circumstance; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the other person acquiring, possessing\nor using a firearm or firearm related item and the person is\nreckless in relation to the result.\n","sortOrder":92},{"sectionNumber":"49R","sectionType":"section","heading":"Offence to be at prohibited premises","content":"49R Offence to be at prohibited premises\n(b) the person intentionally enters or remains at premises; and\n(c) the premises are prohibited premises and the person is\nreckless in relation that circumstance.\n(2) Strict liability applies to subsection (1)(a).\n","sortOrder":93},{"sectionNumber":"49S","sectionType":"section","heading":"Offence to reside at premises where there are firearms or","content":"49S Offence to reside at premises where there are firearms or\nfirearm related items\n(b) at least 24 hours has elapsed since the person was served\nwith the firearm prohibition order; and\n\nFirearms Act 1997 66\n(c) there is a firearm or firearm related item at the premises where\nthe person resides and the person is reckless in relation to\nthat circumstance.\nimprisonment for 4 years.\nitem – imprisonment for 2 years.\n(2) Strict liability applies to subsection (1)(a) and (b).\n","sortOrder":94},{"sectionNumber":"49T","sectionType":"section","heading":"Offence to be in company of person using firearm or firearm","content":"49T Offence to be in company of person using firearm or firearm\n(b) the person is intentionally in the company of another person;\nand\n(c) the other person possesses or is using a firearm or firearm\nrelated item and the person has knowledge of that\ncircumstance.\nimprisonment for 4 years.\nitem – imprisonment for 2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) A person does not commit an offence against subsection (1) if the\nother person mentioned in subsection (1) is a police officer who is\nin possession of or is using a firearm or firearm related item in the\nexecution of the police officer's duty.\n","sortOrder":95},{"sectionNumber":"49U","sectionType":"section","heading":"Search of person to whom firearm prohibition order relates","content":"49U Search of person to whom firearm prohibition order relates\nwithout warrant or consent\nthe powers set out in subsections (2) and (3), if the exercise of the\npower is reasonably required to determine whether a person to\nwhom a firearm prohibition order relates has acquired, possesses\nor is using a firearm or firearm related item in contravention of the\norder.\n\nFirearms Act 1997 67\n(a) search the person, other than by strip searching the person;\n(b) search any thing in the person's possession.\n(a) stop and detain the person being searched for so long as is\n(i) that is found on the person or in any thing in the person's\npossession; or\n(ii) that the person has acquired, possesses or is using.\n(4) Before a police officer commences a search of a person or any\nthing in the person's possession under this section, the police\nofficer must inform the person:\n(b) that the police officer intends to search the person and any\nthing in the person's possession for any firearm or firearm\n","sortOrder":96},{"sectionNumber":"49V","sectionType":"section","heading":"Search of associate without warrant or consent","content":"49V Search of associate without warrant or consent\nthe powers set out in subsections (2) and (3) with respect to a\nperson (an associate) who is in the company of a person to whom\na firearm prohibition order relates, if the police officer believes on\nreasonable grounds that the associate:\n(a) is committing or is about to commit an offence against this Act;\nand\n(b) has a firearm or firearm related item in the associate's\npossession.\n\nFirearms Act 1997 68\n(a) search the associate, other than by strip searching the\nassociate;\n(b) search any thing in associate's possession.\n(a) stop and detain the associate being searched for so long as is\n(i) that is found on the associate or in any thing in the\nassociate's possession; or\n(ii) that the associate has acquired, possesses or is using.\n(4) Before a police officer commences a search of an associate under\nthis section or any thing in the associate's possession, the police\nofficer must inform the associate:\n(b) that the police officer intends to search the associate and any\nthing in the associate's possession for any firearm or firearm\n","sortOrder":97},{"sectionNumber":"49W","sectionType":"section","heading":"Search of premises, vehicles, aircraft or vessels without","content":"49W Search of premises, vehicles, aircraft or vessels without\nwarrant or consent\nthe powers under subsections (2) and (4), if the exercise of the\npower is reasonably required to determine:\n(a) whether a person to whom a firearm prohibition order relates\nhas acquired, possesses or is using a firearm or firearm\nrelated item in contravention of the order; or\n(b) whether a firearm or firearm related item is at a premises\noccupied by, in the care of or under the control or\nmanagement of a person to whom a firearm prohibition order\nrelates, including in any thing on the premises and including in\n\nFirearms Act 1997 69\nany vehicle, aircraft or vessel on the premises.\n(a) enter and search any premises occupied by, in the care of or\nunder the control or management of the person, including any\nthing on the premises and including any vehicle, aircraft or\nvessel on the premises;\n(b) enter and search any vehicle, aircraft or vessel that is in the\ncharge of the person, or in which the person is a passenger,\nwherever the vehicle, aircraft or vessel is located.\n(3) A police officer may enter or search premises, a vehicle, an aircraft\nor a vessel under this section with the assistance of any other\npolice officer.\n(4) A police officer, for the purposes of an entry or search of premises,\nor a vehicle, an aircraft or a vessel under this section, may do the\n(a) stop and detain the vehicle, aircraft or vessel being searched\nfor so long as is reasonably necessary to conduct the search;\n(b) seize any firearm or firearm related item found on the\npremises, vehicle, aircraft or vessel.\n(5) Before a police officer commences an entry or search of premises,\nor a vehicle, an aircraft or a vessel under this section, if the person\nto whom the order relates is present, the police officer must inform\nthe person:\n(b) that the police officer intends to enter or search the premises,\nvehicle, aircraft or vessel for any firearm or firearm related\nitem and that the police officer is empowered to conduct the\nentry or search under this Act.\n(6) If requested by another person present at premises, or in the\nvehicle, on the aircraft or on the vessel at any time before\ncommencing or during a search under this section, the police officer\nmust inform the person:\n\nFirearms Act 1997 70\n(b) that the police officer intends to enter or search, or is\nsearching, the premises, vehicle, aircraft or vessel for any\nfirearm or firearm related item and that the police officer is\nempowered to conduct the entry or search under this Act.\n(7) If it is not practicable to give the information under subsection (5)\nor (6) before commencing a search or during a search because of a\nrisk to the safety of a police officer or person involved in the search,\nthe police officer must give the information after the search is\nfinished.\n(8) Any action taken under this section is not unlawful only because of\na failure to comply with subsection (5), (6) or (7).\n","sortOrder":98},{"sectionNumber":"49X","sectionType":"section","heading":"Search of person at premises, vehicles, aircraft or vessels","content":"49X Search of person at premises, vehicles, aircraft or vessels\nwithout warrant or consent\nthe powers set out in subsections (2) and (3) with respect to a\nperson who is present at premises, or in a vehicle, on an aircraft or\non a vessel being searched under section 49W, if the police officer\nbelieves on reasonable grounds that the person acquired,\npossesses or is using a firearm or firearm related item.\n(a) search the person, other than by strip searching the person;\n(b) search any thing in the person's possession.\n(a) stop and detain the person being searched for so long as is\n(i) that is found on the person or in any thing in the person's\npossession; or\n(ii) that the person has acquired, possesses or is using.\n(4) Before a police officer commences a search of a person under this\nsection or any thing in the person's possession, the police officer\nmust inform the person:\n\nFirearms Act 1997 71\n(b) that the police officer intends to search the person and any\nthing in the person's possession for any firearm or firearm\n","sortOrder":99},{"sectionNumber":"49Y","sectionType":"section","heading":"Requirement to give name and address","content":"49Y Requirement to give name and address\n(1) If a police officer suspects on reasonable grounds that a person is\nsubject to a firearm prohibition order, the police officer may request\nthe person to give to the police officer the person's name or\naddress, or both.\n(2) A person commits an offence if:\n(a) the person is requested to give the person's name or address,\nor both, under subsection (1); and\n(b) the person does not comply with the request.\n(3) An offence against subsection (2) is an offence of strict liability.\n","sortOrder":100},{"sectionNumber":"49Z","sectionType":"section","heading":"Dealing with firearms or firearm related items surrendered or","content":"49Z Dealing with firearms or firearm related items surrendered or\nseized under this Part\n(1) This section applies if a firearm or firearm related item is\nsurrendered or seized under this Part.\n(2) The police officer to whom the firearm or firearm related item was\nsurrendered or who seized the firearm or firearm related item may\nretain possession of the firearm or firearm related item for so long\nas:\n(a) the firearm or firearm related item is evidence of an offence\nagainst this Act or any other law in force in the Territory; or\n(b) it is reasonably necessary to test the firearm or firearm related\nitem to determine if it is evidence of an offence against this Act\nor any other law in force in the Territory.\n(3) Subject to subsection (4), the firearm or firearm related item is\nforfeited to the Territory:\n(a) if the person who surrendered the firearm or firearm related\nitem or from whom the firearm or firearm related item was\nseized is not lawfully entitled to possess the firearm or firearm\n\nFirearms Act 1997 72\nrelated item, and no other person is lawfully entitled to\npossess the firearm or firearm related item; or\n(b) if the following circumstances apply:\n(i) the firearm or firearm related item was acquired,\npossessed or used, in contravention of this Part, by the\nperson who surrendered it or from whom it was seized;\n(ii) the Commissioner is satisfied the firearm or firearm\nrelated item had not been stolen at the time it was\nsurrendered or seized.\n(4) The Commissioner may declare a firearm or firearm related item is\nnot subject to forfeiture under subsection (3).\n49ZA Sale, disposal or return of firearms or firearm related items\nsurrendered or seized under this Part\n(1) This section applies in relation to:\n(a) a firearm or firearm related item that has been surrendered or\nseized under this Part; and\n(b) the firearm or firearm related item:\n(i) is not required or is no longer required under\nsection 49Z(2); or\n(ii) has not been forfeited to the Territory under\nsection 49Z(3); or\n(iii) has been declared not subject to forfeiture under\nsection 49Z(4\n(2) The Commissioner may:\n(a) by written notice, direct the owner of the firearm or firearm\nrelated item to sell or otherwise dispose of the firearm or\nfirearm related item; or\n(b) by written notice, direct the owner of the firearm or firearm\nrelated item to take possession of the firearm or firearm\nrelated item; or\n(c) dispose of the firearm or firearm related item in the manner\nthe Commissioner determines.\n(3) If the owner of a firearm does not comply with a direction under\nsubsection (2)(a) or (b) within 28 days after the direction is given or\n\nFirearms Act 1997 73\nany further time that the Commissioner specifies in the notice, the\nCommissioner may dispose of the firearm or firearm related item in\naccordance with section 166 of the Police Administration Act 1978\nas if the firearm or firearm related item was unclaimed property.\n(4) The Regulations may prescribe fees that are payable in relation to\nthe storage of a firearm or firearm related item by the\nCommissioner prior to the owner taking possession of the firearm or\nfirearm related item.\n","sortOrder":101},{"sectionNumber":"Div 6","sectionType":"division","heading":"Review of operation of Part","content":"Division 6 Review of operation of Part\n49ZB Review of operation of Part\n(1) The Ombudsman must review the following during the first 2 years\nafter the commencement of this Part:\n(a) the exercise of powers conferred on police officers under this\nPart;\n(b) the financial effect of the result of the commission of offences\nagainst this Part.\n(2) The Ombudsman must give a copy of the report of the review to the\nMinister as soon as practicable after the expiry of the 2 year period\nmentioned in subsection (1).\n","sortOrder":102},{"sectionNumber":"50","sectionType":"section","heading":"Review by NTCAT – general","content":"50 Review by NTCAT – general\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 7.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 7 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNotes for section 50\n1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in\nrelation to reviews.\n2 For an application to NTCAT for review of a decision made by the\nCommissioner under section 40, see section 45 in relation to an affected\nperson's obligations regarding the delivery to the Commissioner of all\nfirearms that the person is required to sell or otherwise dispose of.\n\nFirearms Act 1997 74\n","sortOrder":103},{"sectionNumber":"51","sectionType":"section","heading":"Constitution of NTCAT for review proceedings","content":"51 Constitution of NTCAT for review proceedings\n(1) Despite section 22(1) of the Northern Territory Civil and\nAdministrative Tribunal Act 2014, NTCAT is to be constituted by\n3 members for a proceeding for review of a decision on an\napplication under section 49L, 49M or 50.\n(2) In nominating the members to constitute NTCAT under\nsection 22(1) of the Northern Territory Civil and Administrative\nTribunal Act 2014 for the proceeding, the President of NTCAT must\nnominate:\n(a) at least one member who the President considers has suitable\nknowledge or experience in relation to policing; and\n(b) at least one member who the President considers has suitable\nknowledge or experience in relation to firearms.\n(3) Any failure to nominate a member who has the knowledge or\nexperience referred to in subsection (2)(a) or (b) to constitute\nNTCAT for the proceeding does not affect the validity of any\ndecision made in the proceeding.\n","sortOrder":104},{"sectionNumber":"55","sectionType":"section","heading":"Firearms Advisory Council","content":"55 Firearms Advisory Council\n(1) There is established the Firearms Advisory Council.\n(2) The Council consists of:\n(a) the executive members of the Northern Territory Firearms\nCouncil Incorporated; and\n(b) a police officer nominated by the Commissioner; and\n(c) other persons appointed by the Minister in consultation with\nthe Northern Territory Firearms Council Incorporated.\n(3) The member nominated under subsection (2)(b) is the Chairperson\nof the Council.\n(4) Subject to this Part, a member appointed under subsection (2)(c)\nholds office for the period, not longer than 3 years, specified in the\ninstrument of appointment, but is eligible for reappointment.\n(5) A person appointed under subsection (2)(c) may resign by written\nnotice signed by the person and given to the Minister.\n\nFirearms Act 1997 75\n","sortOrder":105},{"sectionNumber":"56","sectionType":"section","heading":"Functions and powers of Council","content":"56 Functions and powers of Council\n(1) The functions of the Council are:\n(a) at the request of the Minister or the Commissioner, to advise\nthe Commissioner concerning applications for registration of\nfirearms or for the granting of licences or permits under this\n(b) to establish guidelines for standards of construction and\ninstallation of equipment for shooting ranges and shooting\ngalleries; and\n(c) to establish guidelines for safe practices to be implemented\nrelating to the use of firearms at shooting ranges and shooting\ngalleries; and\n(d) to review the operations of this Act and the Regulations and to\nmake recommendations relating to their operation to the\nMinister; and\n(e) to consider any other matter referred to it by the Minister or by\nthe Commissioner.\n(2) The Council has those powers that are necessary to enable it to\ncarry out its functions under this Act.\n","sortOrder":106},{"sectionNumber":"57","sectionType":"section","heading":"Meetings of Council","content":"57 Meetings of Council\n(1) The Chairperson is to call such meetings of the Council as are\nnecessary for the exercise of its powers and the performance of its\nfunctions.\n(2) The Minister may, at any time, direct the Chairperson to call a\nmeeting of the Council and the Chairperson is to comply with the\ndirection.\n(3) The Council is to determine the procedure to be followed at or in\nconnection with its meeting.\n(4) The Council is to keep a record of its meetings.\n\nFirearms Act 1997 76\n","sortOrder":107},{"sectionNumber":"58","sectionType":"section","heading":"Possession or use of firearms","content":"58 Possession or use of firearms\n(1) A person must not possess or use a firearm unless the person is\nauthorised to do so by a licence or permit.\nMaximum penalty: 500 penalty units or imprisonment for\n3 years or, if the offence relates to a\n400 penalty units or imprisonment for\n(1A) Subsection (1) does not apply if:\n(a) the person possesses or uses a paintball firearm for playing\npaintball at an approved paintball range; and\n(2) Without limiting subsection (1), the holder of a licence is guilty of an\noffence under this section if he or she uses a firearm for any\npurpose otherwise than in connection with the purpose established\nas being the genuine reason for possessing or using the firearm.\n(2A) Without limiting subsection (1), the holder of a category H sports\nshooter's licence commits an offence against this section if:\n(a) the holder uses a category H firearm:\n(i) that is not a prescribed firearm; or\n(ii) elsewhere than at an approved firearms club; and\n(b) the use is not authorised under another licence or a permit.\nsubsection (1) if the defendant proves that he or she was in the\ncompany of, and under the supervision of, the holder of a licence\nfor the category of firearm in the possession of or being used by the\ndefendant and the firearm was being used in accordance with the\nconditions of the licence.\n(4) The defence provided by subsection (3) does not apply to or in\nrelation to a person mentioned in subsection (5) during the period\nspecified in relation to the person in that subsection.\n\nFirearms Act 1997 77\n(5) For subsection (4), a person:\n(a) who has been found guilty of a disqualifying offence may not\npossess or use a firearm for 10 years from the date of the\nfinding of guilt; or\n(ab) who has been found guilty of an offence of violence, may not\npossess or use a firearm for 5 years after the finding of guilt;\nor\n(ac) who is the subject of an order, made in the Territory or\nelsewhere, to keep the peace, may not possess or use a\nfirearm while the order is in force; or\n(b) in respect of whom an interim domestic violence order is in\nforce may not possess or use a firearm while the interim\nrestraining order remains in force; or\n(ba) who has or has had a final domestic violence order in force\nagainst him or her may not possess or use a firearm:\n(i) while the order is in force; and\n(ii) for a further period of 5 years from the date the order\nexpires or ceases to have effect; or\n(bb) who has a personal violence restraining order in force against\nhim or her may not possess or use a firearm while the order is\nin force; or\n(c) whose licence is suspended may not possess or use a\nfirearm:\n(i) while the suspension remains in force; or\n(ii) if the licence expires while the suspension remains in\nforce – until the person is granted another licence or a\npermit; or\n(d) who has been refused a licence or whose licence is revoked\nmay not possess or use a firearm of the type or category for\nwhich the licence was refused or revoked during any period\nfor which the person is prohibited from applying for a licence.\n(6) A person must not possess or use a prohibited firearm unless\nauthorised under this Act.\nMaximum penalty: 500 penalty units or imprisonment for\n3 years.\n\nFirearms Act 1997 78\n","sortOrder":108},{"sectionNumber":"58A","sectionType":"section","heading":"Obligation of supervisor","content":"58A Obligation of supervisor\n(1) The holder of a firearms licence who is supervising a person for the\npurposes of section 58(3) must ensure the firearm is:\n(a) of a category that the holder is authorised to use; and\n(b) used in accordance with any conditions of the licence; and\n(c) used in a manner that will not create a danger to any person\nor damage to property.\n(2) A firearms club must not permit a person who is not the holder of a\ncategory H sports shooter's licence to use a category H firearm\nunder supervision at the club premises unless:\n(a) the person is undergoing an approved firearms safety training\ncourse conducted by the holder of a firearms instructor\n(b) the person is the holder of a permit under section 31(1)(fb); or\n(c) the person is a person to whom a permit under\nsection 31(1)(fc) relates.\n","sortOrder":109},{"sectionNumber":"58B","sectionType":"section","heading":"Obligation of firearms club","content":"58B Obligation of firearms club\nIf the Commissioner gives notice to a firearms club that a member\nof the club is subject to suspension or revocation of the member's\nshooting licence or a permit under section 31(1)(fb), the club must\nnot permit the member to use a firearm at the club premises during\nthe period specified in the notice.\n\nFirearms Act 1997 79\n","sortOrder":110},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offences relating to registration","content":"Division 2 Offences relating to registration\n","sortOrder":111},{"sectionNumber":"59","sectionType":"section","heading":"Firearms to be registered","content":"59 Firearms to be registered\n(1) A person, other than the holder of a firearms dealer licence, must\nnot sell, purchase, possess or use a firearm that is not registered.\n(2) Subsection (1) does not apply if:\n(a) the person possesses or uses a paintball firearm for playing\npaintball at an approved paintball range; and\n","sortOrder":112},{"sectionNumber":"60","sectionType":"section","heading":"Alteration of certificate of registration","content":"60 Alteration of certificate of registration\nA person must not alter the particulars in a certificate of registration.\n","sortOrder":113},{"sectionNumber":"60A","sectionType":"section","heading":"Conspiring to commit and aiding etc. commission of offence","content":"60A Conspiring to commit and aiding etc. commission of offence\noutside Territory\n(1) A person must not, in the Territory, conspire with another person or\npersons to commit, in a place outside the Territory, an offence (the\nprincipal offence) that is punishable under the provisions of a law\nin force in that place that corresponds to a provision of this Act.\n(2) A person must not, in the Territory, aid, abet, counsel, procure,\nsolicit or incite the commission, in a place outside the Territory, of\nan offence (the principal offence) that is punishable under the\nprovisions of a law in force in that place that corresponds to a\nprovision of this Act.\n(3) A person who contravenes subsection (1) or (2) commits an offence\nand is liable to the same penalty as if the principal offence was\ncommitted in the Territory.\n\nFirearms Act 1997 80\n","sortOrder":114},{"sectionNumber":"60B","sectionType":"section","heading":"Definition","content":"60B Definition\nIn this Division:\nprohibited person means a person who:\n(a) is prohibited from applying for any licence under this Act or a\nlaw of a State or another Territory; or\n(b) is not entitled to be granted any licence under this Act, for a\nreason other than that the person is not a resident, or about to\nbecome a resident, of the Territory.\n","sortOrder":115},{"sectionNumber":"60C","sectionType":"section","heading":"Prohibition of carrying on business of paintball operator","content":"60C Prohibition of carrying on business of paintball operator\nwithout authority\nA person must not carry on business as a paintball operator without\na paintball operator licence or permit.\n","sortOrder":116},{"sectionNumber":"60D","sectionType":"section","heading":"Information about close associates, representatives and","content":"60D Information about close associates, representatives and\nemployees\n(1) If a change occurs in the close associates of the holder of a\npaintball operator licence or permit, the holder must give the\nCommissioner, within 7 days after becoming aware of the change,\nwritten notice in the approved form.\n(2) The Commissioner may, by written notice, require the holder of a\npaintball operator licence or permit to give the Commissioner, within\na specified time, a declaration containing specified information\nabout:\n(a) the representative for the licence or permit; or\n(b) the close associates of the holder; or\n(c) the operator's paintball operator employees.\n(3) The person must comply with the notice unless the person has a\n\nFirearms Act 1997 81\n(4) If a person ceases employment as a paintball operator employee\nwith the holder of a paintball operator licence or permit, the holder\nmust, within 7 days after the person ceases employment, give the\nCommissioner written notice in the approved form.\n","sortOrder":117},{"sectionNumber":"60E","sectionType":"section","heading":"Records and returns","content":"60E Records and returns\n(1) The holder of a paintball operator licence or permit must:\n(a) keep the paintball player declaration made by each person\nwho plays paintball at the operator's approved paintball range\nfor 2 years after it is made; and\n(b) keep other records in accordance with the conditions of the\nlicence or permit.\nMaximum penalty: 20 penalty units.\n(2) A police officer or approved person may ask the holder of a\npaintball operator licence or permit, the representative for the\nlicence or permit or an employee of the holder to produce the\npaintball player declarations or other records kept by the operator.\n(3) The person must comply with the request unless the person has a\nMaximum penalty: 20 penalty units.\n(4) On production of a declaration or record, the police officer or\napproved person may:\n(a) examine it; and\n(b) make copies of, or take extracts from, it.\n(5) The holder of a paintball operator licence or permit must give the\nCommissioner, within 3 months after the end of each financial year,\nan annual report in the approved form.\n\nFirearms Act 1997 82\n","sortOrder":118},{"sectionNumber":"60F","sectionType":"section","heading":"Prohibition on employing certain persons","content":"60F Prohibition on employing certain persons\n(1) This section applies if the holder of a paintball operator licence or\npermit does any of the following things:\n(a) employs a prohibited person in the business authorised by the\nlicence or permit;\n(b) allows a prohibited person to act as an agent for, or participate\nin the management of, the business.\n(2) The holder and the prohibited person are each guilty of an offence.\n(3) It is a defence to a prosecution of the holder of the licence or permit\nfor an offence against subsection (2) if the holder proves the holder\ndid not know, and could not reasonably have been expected to\nknow, the person was a prohibited person.\n","sortOrder":119},{"sectionNumber":"60G","sectionType":"section","heading":"Production of firearms","content":"60G Production of firearms\n(1) A police officer or approved person may ask the holder of a\npaintball operator licence or permit, the representative for the\nlicence or permit or an employee of the holder to produce a\npaintball firearm in the holder's possession.\n(2) The person must comply with the request unless the person has a\n(3) On production of a firearm, the police officer or approved person\nmay inspect and test it.\n","sortOrder":120},{"sectionNumber":"60H","sectionType":"section","heading":"Possession and use of paintball firearm only at approved","content":"60H Possession and use of paintball firearm only at approved\npaintball range\nThe holder of a paintball operator licence or permit must not allow a\nperson to possess or use a paintball firearm registered in the\nholder's name except at the holder's approved paintball range.\n\nFirearms Act 1997 83\n","sortOrder":121},{"sectionNumber":"60J","sectionType":"section","heading":"Restrictions on children playing paintball","content":"60J Restrictions on children playing paintball\nchild to possess or use a paintball firearm to play paintball at the\nholder's approved paintball range if:\n(a) the holder knows that the child is under the age of 14 years; or\n(b) the holder:\n(i) knows that the child is at least 14 years of age but is\nunder the age of 18 years; and\n(ii) does not have written evidence of the consent of a\nperson who has parental responsibility for the child to\nthe possession or use of the paintball firearm by the\nchild.\nchild, see section 13 of the Care and Protection of Children\nAct 2007.\nparental responsibility, see section 13 of the Care and Protection\nof Children Act 2007.\n","sortOrder":122},{"sectionNumber":"60K","sectionType":"section","heading":"Paintball player must sign declaration and give identification","content":"60K Paintball player must sign declaration and give identification\nperson to possess or use a paintball firearm to play paintball at the\nholder's approved paintball range unless the person, before starting\nto play:\n(a) makes a declaration in the approved form (a paintball player\ndeclaration); and\n(b) gives the declaration and photographic identification to a\npaintball employee working at the range.\n(2) Before allowing the person to play paintball, the paintball employee\nmust:\n(a) inspect the person's photographic identification; and\n\nFirearms Act 1997 84\n(b) endorse on the person's paintball player declaration that the\nemployee is satisfied the person appears to be the person\nshown in the identification.\n","sortOrder":123},{"sectionNumber":"60L","sectionType":"section","heading":"Certain persons prohibited from playing paintball","content":"60L Certain persons prohibited from playing paintball\nprohibited person to possess or use a paintball firearm to play\npaintball at the holder's approved paintball range.\nsubsection (1) if the holder proves the holder did not know, and\ncould not reasonably have been expected to know, the person was\na prohibited person.\n(3) A prohibited person must not play paintball.\n","sortOrder":124},{"sectionNumber":"61","sectionType":"section","heading":"Manufacture of firearms","content":"61 Manufacture of firearms\n(1) A person must not manufacture a firearm unless the person is\nauthorised to manufacture the firearm by a licence or permit.\nMaximum penalty: 2 000 penalty units or imprisonment for\n10 years or, if the offence relates to a\n1 000 penalty units or imprisonment for\n(2) A person must not manufacture a prohibited firearm or pistol unless\nthe person is authorised to manufacture the prohibited firearm or\npistol by a licence or permit.\nMaximum penalty: 3 000 penalty units or imprisonment for\n15 years.\n(3) Without limiting subsection (1) or (2), those subsections apply to a\nperson regardless of whether the firearm concerned was\nmanufactured in the course of carrying on a business.\n\nFirearms Act 1997 85\nmanufacture, of a firearm, includes assembly of a firearm from\nfirearm parts.\n","sortOrder":125},{"sectionNumber":"61A","sectionType":"section","heading":"Repair or modification of firearms","content":"61A Repair or modification of firearms\n(1) A person must not repair or modify a firearm unless the person is\nauthorised to repair or modify the firearm by a licence or permit.\nMaximum penalty: 2 000 penalty units or imprisonment for\n10 years or, if the offence relates to a\n1 000 penalty units or imprisonment for\n(2) A person must not repair or modify a prohibited firearm or pistol\nunless the person is authorised to repair or modify the prohibited\nfirearm or pistol by a licence or permit.\nMaximum penalty: 3 000 penalty units or imprisonment for\n15 years.\n(3) Without limiting subsection (1) or (2), those subsections apply to a\nperson regardless of whether the firearm concerned was repaired\nor modified in the course of carrying on a business.\nrepair or modification, of a firearm, does not include work\nperformed by a person on a firearm registered in the name of the\nperson if the work is not of a nature likely to affect the safe\noperation of the firearm.\n","sortOrder":126},{"sectionNumber":"62","sectionType":"section","heading":"Purchase of firearms","content":"62 Purchase of firearms\n(1) A person must not purchase a firearm unless the person is\nauthorised to:\n(a) possess the firearm under a firearms dealer licence; or\n\nFirearms Act 1997 86\n(b) purchase the firearm by a permit or corresponding permit.\n(2) A person, other than the holder of a firearms dealer licence, must\nnot purchase a firearm from another person unless:\n(a) the other person is the holder of a firearms dealer licence; or\n(b) the purchase:\n(i) is arranged through the holder of a firearms dealer\n(ii) if the holder of a firearms dealer licence is not\nreasonably available – is witnessed by a police officer.\n","sortOrder":127},{"sectionNumber":"63","sectionType":"section","heading":"Sale of firearms","content":"63 Sale of firearms\n(1) A person, other than the holder of a firearms dealer licence, must\nnot sell a firearm to another person unless:\n(a) the other person is the holder of a firearms dealer licence; or\n(b) the sale:\n(i) is arranged through the holder of a firearms dealer\n\nFirearms Act 1997 87\n(ii) if the holder of a firearms dealer licence is not\nreasonably available – is witnessed by a police officer.\n(2) A person must not sell a firearm to another person unless the other\nperson is authorised to:\n(a) possess the firearm under a firearms dealer licence; or\n(b) purchase the firearm by a permit or corresponding permit.\n(3) A person must not sell a firearm to another person (the purchaser)\nunless the person sights:\n(a) if the purchaser is the holder of a firearms dealer licence – that\n(b) if the purchaser is the holder of a firearms licence – that\nlicence and the purchaser's permit to purchase the firearm; or\n(c) if the purchaser is not the holder of a firearms dealer licence\nor a firearms licence – the purchaser's permit to purchase the\nfirearm.\n\nFirearms Act 1997 88\n(4) A person who sells a firearm to another person who is not the\nholder of a firearms dealer licence must complete the particulars of\nthe sale on the permit authorising the purchase of the firearm and\nreturn the permit to the Commissioner not later than 7 days after\nthe sale.\nMaximum penalty: If the offender is an individual – 50 penalty\nunits or imprisonment for 12 months or, if\nthe offence relates to a category A firearm\nor category B firearm, 20 penalty units or\nimprisonment for 6 months.\n250 penalty units or, if the offence relates to\na category A firearm or category B firearm,\n100 penalty units.\n","sortOrder":128},{"sectionNumber":"63A","sectionType":"section","heading":"Trafficking in firearms","content":"63A Trafficking in firearms\n(1) A person who contravenes section 63 (other than subsection (3)\nor (4)) on 3 or more separate occasions during any period of\n30 consecutive days is guilty of an offence of trafficking.\nimprisonment for 10 years or, if the offence\nrelates to a category A firearm or category B\nfirearm, imprisonment for 5 years.\n2 500 penalty units or, if the offence relates\nfirearm, 1 250 penalty units.\n(2) A person who contravenes section 63 (other than subsection (3)\nor (4)) on 3 or more separate occasions where a firearm involved in\nany of the offences is a prohibited firearm is guilty of an offence of\naggravated trafficking.\nimprisonment for 15 years.\n3 750 penalty units.\n\nFirearms Act 1997 89\n(3) A person who contravenes section 63 (other than subsection (3)\nor (4)) on 3 or more separate occasions where a firearm involved in\neach of the offences is a prohibited firearm is guilty of an offence of\ntrafficking in prohibited firearms.\nimprisonment for 20 years.\n5 000 penalty units.\n(4) If a person is found guilty of an offence under subsection (1), (2)\nor (3), he or she is liable to the punishment under that subsection\nbut not to separate or additional punishment for any of the offences\nthat constituted the trafficking offence.\n(5) If a person is found not guilty of a trafficking offence under\nsubsection (1), (2) or (3), he or she remains liable to punishment for\nany of the constituent offences that were alleged to have comprised\nthe trafficking offence and can be found guilty of any of those\nconstituent offences as an alternative verdict to the trafficking\noffence, even if the person was not charged with any of the\nconstituent offences.\n","sortOrder":129},{"sectionNumber":"63B","sectionType":"section","heading":"Advertising firearm for sale","content":"63B Advertising firearm for sale\n(1) A person must not advertise a firearm for sale unless the\nadvertisement in respect of the firearm contains the serial number\nof the firearm.\n(2) Subsection (1) does not apply to the holder of a firearms dealer\nlicence who is authorised under the licence to possess the firearm\nthat is advertised for sale.\n","sortOrder":130},{"sectionNumber":"64","sectionType":"section","heading":"Use of mail for sending firearms","content":"64 Use of mail for sending firearms\n(1) A person must not send a firearm by mail to a person in the\n(2) A person must not receive a firearm by mail in the Territory.\n\nFirearms Act 1997 90\n(3) A person must not direct or request another person, whether the\nother person is within or outside the Territory when the request is\nmade, to send a firearm by mail to a person in the Territory,\nwhether or not the request is made in writing or in connection with\nthe purchase by the person of the firearm.\n(4) A person is taken to have made a request under subsection (3) if\nthe person accepts an offer made by another person within or\noutside the Territory to forward a firearm by mail to an address\nwithin the Territory.\n(5) It is a defence to a prosecution under subsection (2) if the\ndefendant proves that the firearm was sent to the defendant without\nhis or her knowledge or approval.\n(6) This section does not apply to the sending or receiving by mail of a\nfirearm by a person who is:\n(a) the holder of a firearms dealer licence; or\n(b) the holder of a firearms armourer licence; or\n(c) a police station and the firearm is sent from or received at a\npolice station.\n(7) This section does not apply to the sending or receiving by mail of a\nfirearm by the person in whose name the firearm is registered if:\n(a) the sending or receiving of the firearm is for the purpose\nestablished as being the genuine reason for possessing or\nusing the firearm; and\n(b) the sending or receiving of the firearm does not relate to the\nsale or transfer of the firearm.\n","sortOrder":131},{"sectionNumber":"65","sectionType":"section","heading":"Use of mail for sending firearms outside the Territory","content":"65 Use of mail for sending firearms outside the Territory\n(1) A person must not send a firearm by mail except in accordance with\nthis section.\n\nFirearms Act 1997 91\n(2) The holder of a firearms dealer licence may send a firearm by mail\nif:\n(a) the address to which the firearm is sent is outside the\nTerritory; and\n(b) the firearm is sent by registered post; and\n(c) the person to whom the firearm is sent would not, because of\nreceiving the firearm or being in possession of it at the place\nto which it is sent, be guilty of an offence under a law that\napplies at that place; and\n(d) the person to whom the firearm is sent is the holder of a\nlicence that corresponds to a firearms dealer licence under the\nlaw of that place.\n(3) The owner of a registered firearm may send a firearm by mail if:\n(a) the firearm is sent to an address outside the Territory; and\n(b) the firearm is sent by registered post; and\n(c) the person to whom the firearm is sent would not, because of\nreceiving the firearm or being in possession of it at the place\nto which it is sent, be guilty of an offence under a law that\napplies at that place; and\n(d) mailing the firearm is not an offence under the law of the place\nto which it is sent; and\n(e) the purpose of mailing the firearm is consistent with the\ngenuine reason for possessing or using it; and\n(f) the purpose of mailing the firearm does not relate to the sale\nor transfer of the firearm; and\n(g) the firearm will be returned to the Territory.\n","sortOrder":132},{"sectionNumber":"66","sectionType":"section","heading":"Transporting firearms","content":"66 Transporting firearms\nA person who conveys (whether or not in the course of a business)\na prohibited firearm or a category A firearm, category B firearm,\ncategory C firearm, category D firearm or category H firearm must\ncomply with the prescribed safety requirements.\n\nFirearms Act 1997 92\n","sortOrder":133},{"sectionNumber":"67","sectionType":"section","heading":"Disposal of firearms by unauthorised holders","content":"67 Disposal of firearms by unauthorised holders\n(1) A person who comes into possession of a firearm, but is not\nauthorised by this Act to possess the firearm, must immediately\nsurrender the firearm to a police officer.\n(2) A person does not contravene any other provision of this Act just by\nsurrendering a firearm in accordance with this section.\n","sortOrder":134},{"sectionNumber":"68","sectionType":"section","heading":"Altering firearms","content":"68 Altering firearms\nA person must not, unless approved, alter a firearm in a way that:\n(a) affects its safe operation; or\n(b) converts it to another category of firearm.\n4 years.\n","sortOrder":135},{"sectionNumber":"68A","sectionType":"section","heading":"Sale and purchase of ammunition","content":"68A Sale and purchase of ammunition\n(1) A person must not, in trade or commerce, sell ammunition for a\nfirearm unless the person is the holder of a firearms dealer licence\nor is authorised by a permit to sell the ammunition.\n(2) A person must not, in trade or commerce, sell ammunition for a\nfirearm unless:\n(a) the person purchasing the ammunition is the holder of a\nlicence for a category of firearm that takes the ammunition or\nis authorised to buy the ammunition by a permit or by the\nCommissioner in writing; and\n(b) the person who sells the ammunition sights the licence, permit\nor authorisation.\n\nFirearms Act 1997 93\n(3) A person who, in trade or commerce, sells ammunition for a firearm\nmust advise the Commissioner without delay of any loss or theft of\nammunition held by the person.\n","sortOrder":136},{"sectionNumber":"69","sectionType":"section","heading":"Possession of ammunition","content":"69 Possession of ammunition\n(1) A person must not possess ammunition unless the person:\n(a) is the holder of a licence or permit for a category of firearm\nthat takes the ammunition; or\n(ab) is authorised by an ammunition retail permit to possess the\nammunition; or\n(b) is an ammunition collector authorised by the Commissioner in\nwriting to possess the ammunition.\n(2) Subsection (1) does not apply if:\n(a) the person possesses paintball pellets for playing paintball at\nan approved paintball range; and\n","sortOrder":137},{"sectionNumber":"70","sectionType":"section","heading":"Pawning of firearms prohibited","content":"70 Pawning of firearms prohibited\nA pawnbroker must not take a firearm or ammunition into pawn\nunless he or she is the holder of a firearms dealer licence.\n","sortOrder":138},{"sectionNumber":"71","sectionType":"section","heading":"Misuse of licences and permits","content":"71 Misuse of licences and permits\nA person must not:\n(a) falsely represent himself or herself to be the holder of a\nlicence or permit (whether or not it is in force); or\n(c) give possession of a licence or permit to another person for\nthe purpose of using it unlawfully; or\n\nFirearms Act 1997 94\n(e) knowingly have possession of a forged, fraudulently altered,\nborrowed or stolen licence or permit.\n","sortOrder":139},{"sectionNumber":"73","sectionType":"section","heading":"Hiring or leasing firearms","content":"73 Hiring or leasing firearms\n(1) A person must not hire or lease a firearm to another person unless\nthe other person is the holder of a permit that authorises the holder\nto possess or use the firearm.\n(2) A person must not hire or lease a firearm from another person\nunless the first-mentioned person is the holder of a permit that\nauthorises the person to possess or use the firearm.\n","sortOrder":140},{"sectionNumber":"74","sectionType":"section","heading":"Alteration of identification marks","content":"74 Alteration of identification marks\n(1) A person must not alter an identifying serial number on a firearm\nwithout approval.\n(2) A person must not knowingly possess a firearm the serial number\nof which has been altered in contravention of subsection (1).\n(3) A person must not deface or remove an identifying serial number\non a firearm without approval.\n(4) A person must not possess a firearm the serial number of which\nhas been defaced or removed in contravention of subsection (3).\n\nFirearms Act 1997 95\n","sortOrder":141},{"sectionNumber":"75","sectionType":"section","heading":"Toy guns","content":"75 Toy guns\nA person must not convert a toy gun or an article of a similar nature\ninto a firearm.\n","sortOrder":142},{"sectionNumber":"76","sectionType":"section","heading":"Unsafe firearms","content":"76 Unsafe firearms\n(1) Subject to this Act, a person must not possess or use an unsafe\nfirearm.\n(2) The holder of a firearms armourer licence or firearms armourer\npermit may have an unsafe firearm in his or her possession in the\nordinary course of his or her business or for the purpose of\nrepairing it.\n(3) The holder of a firearms collector licence, antique firearms collector\nlicence, firearms instructor licence or firearms museum licence may\nhave an unsafe firearm in his or her possession.\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) for the defendant to prove that he or she did not\nknow and could not reasonably have known that the firearm was\nunsafe.\n","sortOrder":143},{"sectionNumber":"77","sectionType":"section","heading":"Silencers and machine-guns","content":"77 Silencers and machine-guns\n(1) A person must not possess or use a silencer except in accordance\nwith this section.\n(2) A person must not possess or use a machine-gun except in\naccordance with this section.\n(3) The holder of a firearms museum licence may possess a silencer or\nmachine-gun for the purpose of exhibiting and showing it.\n\nFirearms Act 1997 96\n(4) The holder of a firearms collector licence may possess a machine-\ngun for the purpose of displaying it if:\n(a) the acquisition of the machine-gun by the holder has been\napproved by the Commissioner in writing; and\n(b) the holder is a collector who the Commissioner has certified in\nwriting to be an established collector; and\n(c) the holder has held a firearms collector licence for not less\nthan 5 years; and\n(d) the holder is permitted to possess and display category C\nfirearms and category D firearms under the firearms collector\n(e) the machine-gun is consistent or compatible with other\nfirearms possessed and displayed under the firearms collector\n(f) the machine-gun has been made permanently inoperable.\n(5) If a person is found guilty of an offence against this section, the\nsilencer or machine-gun possessed or used in the offence is\nforfeited to the Territory on the finding of guilt.\n","sortOrder":144},{"sectionNumber":"78","sectionType":"section","heading":"Carrying firearms in public places","content":"78 Carrying firearms in public places\n(1) In this section:\npublic place, see section 5 of the Summary Offences Act 1923.\ntown, see section 3 of the Crown Lands Act 1992.\n(2) A person must not carry a firearm exposed to public view in a public\nplace within a town or local government area.\n12 months or, if the offence relates to a\n100 penalty units or imprisonment for\n\nFirearms Act 1997 97\n(3) A person must not carry a loaded firearm in a public place within a\ntown or local government area.\n(4) Subsections (2) and (3) do not apply to or in relation to the holder of\na firearms employee licence who is carrying out the duties of his or\nher employment in relation to which the licence was granted.\n(5) It is a defence to a prosecution for an offence against this section\nfor the defendant to prove that he or she had a lawful excuse for\nperforming the act that would otherwise constitute the offence.\n","sortOrder":145},{"sectionNumber":"79","sectionType":"section","heading":"Discharge of firearms on certain land","content":"79 Discharge of firearms on certain land\n(1) A person must not discharge a firearm on land unless:\n(a) the person is the owner or occupier of the land;or\n(b) the occupier of the land has consented, either expressly or\nimpliedly, to the discharge of the firearm on the land; or\n(c) the person is authorised by or under another law in force in\nthe Territory to discharge the firearm on the land.\n(2) The onus of proving a fact mentioned in subsection (1) lies on the\nperson alleging it and the standard of proof is the balance of\nprobability.\n","sortOrder":146},{"sectionNumber":"80","sectionType":"section","heading":"Possession of firearms on certain land","content":"80 Possession of firearms on certain land\n(1) A person must not possess a firearm on land the boundaries of\nwhich are fenced or clearly marked unless:\n(a) the person is the owner or occupier of the land; or\n(b) the occupier of the land has consented, either expressly or\nimpliedly, to the person possessing the firearm on the land; or\n\nFirearms Act 1997 98\n(c) the person is:\n(i) approaching the residence of the occupier along a\ndefined or customary road or track for the purpose of\napplying for consent; or\n(ii) proceeding along a defined or customary road or track\nfor the purpose of reaching a destination outside the\nland; or\n(d) the person is authorised by or under another law in force in\nthe Territory to possess the firearm on the land; or\n(e) the person has some other lawful excuse for possessing the\nfirearm on the land.\n(2) The onus of proving a fact mentioned in subsection (1) lies on the\nperson alleging it and the standard of proof is the balance of\nprobability.\n","sortOrder":147},{"sectionNumber":"81","sectionType":"section","heading":"Restriction on possession and use of firearms on certain","content":"81 Restriction on possession and use of firearms on certain\nvacant Crown land\n(1) The Minister may, by Gazette notice, prohibit the possession or use\nof a firearm or a category of firearm on Crown land specified in the\nnotice.\n(2) Where a notice is in force under subsection (1), a person must not\npossess or use a firearm or a firearm of the category of firearm\nspecified in the notice on the Crown land specified in the notice.\n","sortOrder":148},{"sectionNumber":"82","sectionType":"section","heading":"Discharge of firearms on roads","content":"82 Discharge of firearms on roads\n(1) A person must not knowingly discharge a firearm on, from, towards\nor across a public road, public street or public place.\nsubsection (1) for the defendant to prove that he or she had a lawful\nexcuse for discharging the firearm in the circumstances.\n\nFirearms Act 1997 99\n","sortOrder":149},{"sectionNumber":"83","sectionType":"section","heading":"Prohibited use of firearms","content":"83 Prohibited use of firearms\nUnless permitted by a law in force in the Territory, a person must\nnot:\n(a) engage in a contest, game or encounter that involves pointing\na firearm; or\n(b) point or discharge a firearm;\nat or in the direction of another person.\n","sortOrder":150},{"sectionNumber":"84","sectionType":"section","heading":"Discharge of firearm causing danger","content":"84 Discharge of firearm causing danger\n(1) A person must not discharge a firearm to endanger, annoy or\nfrighten, or in a manner that is likely to endanger, annoy or frighten,\nthe public or a person.\n4 years.\nsubsection (1) for the defendant to prove that he or she had a lawful\nexcuse for discharging the firearm in the circumstances.\n","sortOrder":151},{"sectionNumber":"85","sectionType":"section","heading":"Breach of conditions","content":"85 Breach of conditions\nThe holder of a licence or permit must not contravene a condition of\nthe licence or permit.\n","sortOrder":152},{"sectionNumber":"86","sectionType":"section","heading":"Persons under influence of alcohol or drugs","content":"86 Persons under influence of alcohol or drugs\nA person must not have a firearm in his or her actual possession\nwhile under the influence of alcohol or a drug.\n","sortOrder":153},{"sectionNumber":"87","sectionType":"section","heading":"Delivery of firearms to certain persons","content":"87 Delivery of firearms to certain persons\nA person must not give possession of a firearm or ammunition to\nanother person if the person knows or has reasonable cause to\nbelieve that the other person is:\n(a) under the influence of alcohol or a drug; or\n\nFirearms Act 1997 100\n(b) of unsound mind.\n","sortOrder":154},{"sectionNumber":"88","sectionType":"section","heading":"Delivery of firearms to unlicensed persons","content":"88 Delivery of firearms to unlicensed persons\nSubject to section 58(3), a person in possession of a firearm must\nnot knowingly permit another person to take possession of it unless:\n(a) the first-mentioned person has inspected the licence, permit or\nother authorisation of the other person that permits the other\nperson to possess or use the firearm; or\n(b) the other person is the holder of a firearms armourer licence\nor firearms dealer licence and the firearm is given to the\nholder in the ordinary course of his or her business.\n","sortOrder":155},{"sectionNumber":"89","sectionType":"section","heading":"False or misleading statements","content":"89 False or misleading statements\n(1) A person must not make a statement in an official document the\nperson knows to be false or misleading in a material particular.\n(3) A person must not falsely state that a firearm has been disposed of,\nlost or stolen.\nofficial document means an application, notice, return, report,\nrecord, register or other document made, given, lodged or kept\nunder this Act.\n","sortOrder":156},{"sectionNumber":"90","sectionType":"section","heading":"Matters to be notified","content":"90 Matters to be notified\n(1) The holder of a licence, permit or certificate of registration must, if\nthe person changes his or her name or address, notify the\nCommissioner, in writing, not later than 10 working days after the\nchange.\n\nFirearms Act 1997 101\n(2) The holder of a licence, permit or certificate of registration must\nnotify the Commissioner, in writing, of the loss or theft of a firearm\nto which the licence, permit or certificate relates not later than\n2 working days after becoming aware of the loss or theft.\n(3) If there is a change in the particulars specified in an application for\na licence, permit or certificate of registration, the applicant or holder\nmust, without delay, notify the Commissioner in writing of the\nchange.\n(4) If a licence, permit or certificate of registration is lost or stolen, the\nholder must notify the Commissioner, in writing, not later than\n2 working days after becoming aware of the loss or theft.\nMaximum penalty: 5 penalty units or imprisonment for 14 days.\n","sortOrder":157},{"sectionNumber":"91","sectionType":"section","heading":"Requirements and directions to be complied with","content":"91 Requirements and directions to be complied with\nA person must not refuse or fail to comply with a requirement or\ndirection lawfully made or given by the Commissioner or a police\nofficer under this Act.\n","sortOrder":158},{"sectionNumber":"91A","sectionType":"section","heading":"Notice of change of representative of certain licence and","content":"91A Notice of change of representative of certain licence and\npermit holders\n(1) Subsection (1A) applies to the holder of any of the following\nlicences or permits if a person ceases to be the representative for\nthe licence or permit:\n(a) a firearms dealer licence;\n(b) a firearms corporate licence;\n(c) a firearms museum licence;\n(d) a firearms club licence;\n(e) a paintball operator licence or permit;\n(f) an ammunition retail permit.\n\nFirearms Act 1997 102\n(1A) The holder of the licence or permit must, within 14 days after the\nperson ceases to be the representative, give the Commissioner\nwritten notice in the approved form.\n(2) A person who is notified under this section as the representative of\nthe holder of a licence or permit must be:\n(a) in respect of a firearms dealer licence, firearms corporate\nlicence or ammunition retail permit – an employee of the\nholder of the licence; and\n(b) in respect of a firearms club licence – a member of the\ngoverning body or committee of the firearms club.\n","sortOrder":159},{"sectionNumber":"92","sectionType":"section","heading":"Temporary recognition of interstate licences for shooting","content":"92 Temporary recognition of interstate licences for shooting\ncompetition\nA person who is a resident of a State or another Territory is not\nrequired to hold a licence to possess or use category A firearms,\ncategory B firearms, category C firearms or category H firearms:\n(a) for the purpose of participating in an approved shooting\ncompetition; or\n(b) for such other purposes as may be prescribed;\nif the person is the holder of a corresponding licence.\n","sortOrder":160},{"sectionNumber":"93","sectionType":"section","heading":"Interstate residents moving to the Territory","content":"93 Interstate residents moving to the Territory\n(1) A resident of a State or another Territory who is the holder of a\ncorresponding licence authorising the possession or use of\ncategory A firearms or category B firearms may notify the\nCommissioner in writing that he or she intends to reside in the\n(2) If the Commissioner is notified in accordance with subsection (1),\nthe corresponding licence is, subject to any direction of the\nCommissioner, to be taken to be a licence authorising the\npossession or use of a firearm of the equivalent category of firearm\nin force in the Territory for 3 months from the time the person\nnotified the Commissioner or until the person's application for a\n\nFirearms Act 1997 103\nlicence under this Act is granted or refused, whichever is sooner.\n(3) If a resident of a State or another Territory who is the holder of a\ncorresponding licence authorising the possession or use of\ncategory C firearms (other than paintball firearms), category D\nfirearms or category H firearms notifies the Commissioner in writing\nthat the person intends to reside in the Territory, the corresponding\nlicence is, subject to any direction of the Commissioner, to be taken\nto be a licence authorising the possession or use of the equivalent\ncategory of firearm in force in the Territory for a period of 2 days\nfrom the time the person notified the Commissioner.\n(4) After the expiry of the period mentioned in subsection (3), a person\nwho:\n(a) has duly notified the Commissioner in accordance with that\nsubsection; and\n(b) applied for a licence before the expiry of the period;\ndoes not, while the person's application for a licence is being\ndetermined, commit an offence under this Act in respect of the\npossession of a firearm.\n","sortOrder":161},{"sectionNumber":"93A","sectionType":"section","heading":"Revocation and disqualification","content":"93A Revocation and disqualification\n(1) If a court finds a person guilty of an offence against this Act or the\nWeapons Control Act 2001 or involving a firearm, the court may:\n(a) revoke the person's licence or permit and disqualify the\nperson from holding a specified licence or permit for the period\nspecified by the court; and\n(b) order that the person is not to apply for a licence or permit or\nto register a firearm for the period of disqualification.\n(2) The period for which a court may disqualify the person is in addition\nto any period of automatic disqualification under this Act.\n","sortOrder":162},{"sectionNumber":"93B","sectionType":"section","heading":"Disqualification if aggravating circumstance","content":"93B Disqualification if aggravating circumstance\n(1) If a court finds a person guilty of an offence mentioned in\nsection 93A and the offence involves a circumstance of\naggravation:\n(a) the person is liable to twice the penalty otherwise provided for\nthe offence; and\n\nFirearms Act 1997 104\n(b) the court must disqualify the person from holding any licence\nor permit for:\n(i) if the court imposes a pecuniary penalty for the offence –\na minimum period of 4 years; or\n(ii) if the court imposes a custodial sentence for the\noffence – a minimum period of 10 years.\ncircumstance of aggravation, for an offence, means the offender\nwas, at the time of committing the offence, subject to:\n(a) a refusal by the Commissioner to grant a licence or permit for\na period of time; or\n(b) a suspension or revocation of a licence, permit or certificate of\nregistration under this Act; or\n(c) a period of disqualification under this Act.\n","sortOrder":163},{"sectionNumber":"93C","sectionType":"section","heading":"No grant of licence or permit","content":"93C No grant of licence or permit\nThe Commissioner cannot grant a licence or permit to a person\ndisqualified under section 93A or 93B during the period of\ndisqualification.\n","sortOrder":164},{"sectionNumber":"93D","sectionType":"section","heading":"Court may order forfeiture","content":"93D Court may order forfeiture\n(1) If the court is satisfied that the person in whose name the firearm to\nwhich the offence mentioned in section 93A relates is registered:\n(a) is implicated in the offence – the court may order that the\nfirearm (and any ammunition in the possession of the person)\nis forfeited to the Territory; or\n(b) is not implicated in the offence – the court may not order the\nfirearm to be forfeited but may order that it be returned to that\nperson.\n(2) Subsection (1) applies to a firearm in the possession of a person\nmentioned in that subsection despite that the firearm is not\nregistered in that person's name.\n","sortOrder":165},{"sectionNumber":"93E","sectionType":"section","heading":"No effect on general power","content":"93E No effect on general power\nA decision or action of the court under section 93A, 93B or 93D\ndoes not affect any power under this Act to revoke or suspend a\nlicence, permit or certificate of registration.\n\nFirearms Act 1997 105\n","sortOrder":166},{"sectionNumber":"93F","sectionType":"section","heading":"No review of certain decisions by Commissioner","content":"93F No review of certain decisions by Commissioner\nDespite any other Act or law of the Territory (including the common\nlaw):\n(a) no person or body is entitled to investigate, inquire into, review\nor otherwise call into question a decision of the Commissioner\nunder section 10(8A), 33(3A) or 40A(1); and\n(b) no proceedings for an appeal, an injunction, a declaration or\nan order for prohibition or mandamus are to be brought in\nrelation to a decision of the Commissioner mentioned in\n","sortOrder":167},{"sectionNumber":"94","sectionType":"section","heading":"Commissioner may require firearm to be lodged","content":"94 Commissioner may require firearm to be lodged\n(1) Where the Commissioner refuses to grant a permit or certificate of\nregistration, the Commissioner may direct the applicant to lodge a\nfirearm to which the application relates with the Commissioner or\nthe holder of a firearms dealer licence for the period specified by\nthe Commissioner.\n(2) A person to whom a direction is given under subsection (1) must\nnot contravene the direction.\n","sortOrder":168},{"sectionNumber":"95","sectionType":"section","heading":"Police may request names and addresses","content":"95 Police may request names and addresses\nA police officer may require a person who is in possession of a\nfirearm or a silencer to state his or her name and address and the\nperson must not:\n(a) refuse or fail to comply with the requirement; or\n(b) give to the officer a name that is false in a material particular;\nor\n(c) give to the officer an address that is not the person's full and\ncorrect residential address.\n\nFirearms Act 1997 106\n","sortOrder":169},{"sectionNumber":"96","sectionType":"section","heading":"Police may require production of licences and permits","content":"96 Police may require production of licences and permits\n(1) A person, when in possession of a firearm, must:\n(a) carry the relevant licence or permit relating to the firearm; and\n(c) when requested by a police officer, produce the licence or\npermit for inspection by the officer.\n(2) When requested by a police officer, a person in possession of a\ncategory A firearm, category B firearm, category C firearm (other\nthan paintball firearm), category D firearm or category H firearm\nmust produce to the officer or another officer the person's certificate\nof registration or permit, as the case may be, in respect of the\nfirearm not later than the time, and at the place, that the officer\nspecifies.\nMaximum penalty: 17 penalty units or imprisonment for\n","sortOrder":170},{"sectionNumber":"96A","sectionType":"section","heading":"Police may require production of firearm","content":"96A Police may require production of firearm\n(1) A police officer may, by notice in writing, require the registered\nowner of a firearm to produce the firearm at a time and place\nspecified in the notice for the purpose of inspection of the firearm to\ndetermine whether or not the firearm complies with, and is held in\ncompliance with, this Act.\n(2) If a person fails to comply with the requirement of a notice under\nsubsection (1):\n(a) the person commits an offence punishable, on being found\nguilty, by:\n(i) if the offender is an individual – a fine not exceeding\n100 penalty units or a term of imprisonment not\nexceeding 12 months; or\n(ii) if the offender is a body corporate – a fine not exceeding\n500 penalty units; and\n(b) all firearms licences held by the person, and all firearm\nregistrations in the name of the person, are automatically\nsuspended from the day specified in the notice to produce the\nfirearm until 28 days after:\n(i) the day on which the firearm is produced; or\n\nFirearms Act 1997 107\n(ii) the person provides information to the satisfaction of the\nCommissioner as to why the firearm was not produced\nas required.\nsubsection (2)(a) if the defendant proves that he or she did not\nknow (for good reason) the whereabouts of the firearm or was\notherwise (for good reason) unable to comply with the requirement\nto produce the firearm.\n(4) The Commissioner may, if he or she thinks the circumstances\nwarrant it, reduce the period of suspension mentioned in\nsubsection (2)(b).\n(5) If the person has not, within 28 days after the day specified in the\nnotice to produce the firearm:\n(a) complied with the requirement; or\n(b) satisfied the Commissioner as to why the requirement has not\nbeen complied with;\nall firearms licences held by the person and all firearm registrations\nin the name of the person are revoked by force of this section.\n","sortOrder":171},{"sectionNumber":"97","sectionType":"section","heading":"Searches in emergencies","content":"97 Searches in emergencies\n(1) A police officer may:\n(a) in circumstances of such seriousness and urgency as to\nrequire and justify immediate search or entry without the\nauthority of an order of a court or a warrant; or\n(b) where the officer believes on reasonable grounds that a\ndisqualifying offence has been, is being or is about to be\ncommitted;\nat any time, without warrant:\n(c) search a person reasonably suspected by the officer to be\ncarrying a firearm or anything connected with an offence\nagainst this Act and the clothing being worn by, and the\nproperty in the immediate control of, the person; or\n(d) enter into or on and search any premises, vehicle, aircraft or\nvessel on or in which the officer believes on reasonable\ngrounds that:\n(i) a firearm or anything connected with an offence against\nthis Act is situated; or\n\nFirearms Act 1997 108\n(ii) a person, who is in danger because of the possession of\na firearm by the person or by some other person, may\nbe;\nand if the officer believes on reasonable grounds that it is\nnecessary to do so in order to prevent danger or injury to a person\nor the loss or destruction of anything connected with an offence\nagainst this Act, the member may seize anything that the officer\nfinds in the course of the search, on or in the premises, vehicle,\naircraft or vessel.\n(2) A police officer who believes on reasonable grounds that a person\nis carrying a firearm, and the person or some other person may be\nin danger because of the possession of the firearm, may stop the\nperson and search the person for the firearm and seize any firearm\nfound on the person.\n(3) A police officer who believes on reasonable grounds that a firearm\nis being carried in a vehicle, aircraft or vessel and that a person\nmay be in danger because of the carriage of the firearm, may stop\nand enter and search the vehicle, aircraft or vessel and seize any\nfirearm found in it.\n(4) Except in circumstances mentioned in subsection (1)(a), a person is\nnot to be searched under this section except by a person of the\nsame sex.\n(5) In this section, firearm includes ammunition and a silencer.\n","sortOrder":172},{"sectionNumber":"98","sectionType":"section","heading":"Seizure","content":"98 Seizure\nA firearm seized by or surrendered to a police officer under this Act\nor any other law in force in the Territory may be retained by the\nofficer or another police officer:\n(a) to determine whether an offence against this or any other Act\nhas been committed; or\n(b) until the Commissioner makes a decision under this Act in\nrespect of the firearm.\n","sortOrder":173},{"sectionNumber":"98A","sectionType":"section","heading":"Seizure etc. of firearm includes ammunition","content":"98A Seizure etc. of firearm includes ammunition\nIf a firearm is forfeited, required to be surrendered or delivered up\nto the Commissioner or liable to seizure under this Act, any\nammunition relating to the firearm is included in the forfeiture,\nsurrender, delivering up or liability to seizure.\n\nFirearms Act 1997 109\n","sortOrder":174},{"sectionNumber":"99","sectionType":"section","heading":"Retention of certain seized firearms","content":"99 Retention of certain seized firearms\n(1) If a firearm is seized under section 126C(2) of the Police\nAdministration Act 1978:\n(a) if it is not the property of the person involved in the event that\nled to it being seized, the Commissioner is to return it to its\nowner within 30 days if satisfied that:\n(i) it will not be kept on or in the premises, vehicle or vessel\nfrom which it was seized; or\n(ii) if it is to be so kept, adequate arrangements have been\nmade to ensure that it is not likely to be used to place\nany person on or in the premises, vehicle or vessel in\nimminent danger of suffering personal injury or an\naggravation of a personal injury; or\n(b) if the firearm is the property of the person involved in the\nevent, the Commissioner may retain it for the longer of the\nfollowing periods:\n(i) for 90 days after its seizure;\n(ii) until the expiration of any period of revocation of a\ncertificate of registration, licence or permit resulting from\nthe person being placed on a final domestic violence\norder or found guilty of an offence.\n(2) The Commissioner may, with the consent of the owner of a firearm\nto which this section applies, arrange for the firearm to be stored by\na person who may lawfully possess the firearm.\n(3) A person who stores a firearm under subsection (2) must comply\nwith the directions or conditions of the Commissioner in relation to\nthe firearm.\n(4) The Commissioner or a police officer is not liable for any charge in\nrelation to the storage of a firearm under subsection (2) and any\ncharge is a debt due and payable by the owner of the firearm to the\nperson with whom the firearm is stored.\n\nFirearms Act 1997 110\n(5) A person with whom a firearm is stored under this section must not\nallow any person (including its owner) to have possession of the\nfirearm except in accordance with the directions or conditions of the\n(6) A person must not take possession of a firearm the subject of an\narrangement under this section except in accordance with the\ndirections or conditions of the Commissioner.\n(7) Despite section 93D, all certificates of registration, licences, permits\nand authorisations under this Act held by a person found guilty of\nan offence against subsection (5) or (6) are, on the finding of guilt,\nrevoked and all firearms to which they relate are forfeited to the\n","sortOrder":175},{"sectionNumber":"99A","sectionType":"section","heading":"Storage of certain firearms","content":"99A Storage of certain firearms\n(1) If a firearm:\n(a) is seized, surrendered or delivered up under this Act, except\nunder Part 8A, or seized under section 126C(2) of the Police\nAdministration Act 1978 and cannot be returned to the owner\nof the firearm because the owner's licence or permit, or the\ncertificate of registration of the firearm, is suspended or\nrevoked; or\n(b) is lodged with the Commissioner under section 94 and cannot\nbe returned to the owner of the firearm because the\nCommissioner has refused to grant a permit or certificate of\nregistration;\nthe Commissioner may, by notice in writing, direct the owner of the\nfirearm to sell or otherwise dispose of the firearm.\n(2) If:\n(a) a firearm has come into the lawful possession of a police\nofficer and has not been destroyed under section 116KM of\nthe Police Administration Act 1978; and\n(b) no legal requirement exists for the retention of the firearm; and\n(c) reasonable attempts have been made to return the firearm to\nits registered owner;\n\nFirearms Act 1997 111\nthe Commissioner may, by notice in writing, direct the owner to take\npossession of the firearm.\n(3) If the owner of a firearm does not comply with a direction under\nsubsection (1) or (2) within 28 days after the direction is given or\nany further time that the Commissioner specifies in the notice, the\nCommissioner may dispose of the firearm in accordance with\nsection 166 of the Police Administration Act 1978 as if the firearm\nwas unclaimed property.\n(4) The Regulations may prescribe fees that are payable in relation to\nthe storage of a firearm by the Commissioner prior to the owner\ntaking possession of the firearm.\n","sortOrder":176},{"sectionNumber":"100","sectionType":"section","heading":"Protection from liability","content":"100 Protection from liability\nThe Territory, the Commissioner or a police officer is not liable for\nan act or omission of the Commissioner or a police officer done or\nmade in good faith in the performance or exercise, or purported\nperformance or exercise, of a power or function under this Act.\n","sortOrder":177},{"sectionNumber":"101","sectionType":"section","heading":"Report to be made in certain circumstances","content":"101 Report to be made in certain circumstances\n(1) A health practitioner or a professional counsellor or social worker\nwho believes on reasonable grounds that, in the interests of public\nsafety, a person is not a fit and proper person to have a firearm in\nhis or her possession or control must report to a police officer the\nbelief and the material facts on which the belief is based.\n(2) If a person, acting in good faith, makes a report under or in\npurported compliance with subsection (1):\n(a) the report is not to be taken to be a breach of confidence or of\nprofessional etiquette or ethics or of a rule of professional\nconduct; and\n(b) no civil or criminal liability is incurred by reason only of the\nmaking of the report.\n(3) A firearms club or an historical firearms collector's society must\nprovide a report in writing to the Commissioner without delay of any\nconcern held by the club or society that a member is not a fit and\nproper person to have a firearm in his or her possession or control.\n(4) A firearms club or an historical firearms collector's society must,\nwithin 2 days after expelling a member from the club or society,\nprovide a report in writing to the Commissioner of the expulsion and\nthe reasons for it.\n\nFirearms Act 1997 112\n(5) The provision of any information in good faith under or in purported\ncompliance with subsection (3) or (4) does not give rise to any civil\nor criminal liability.\n(6) In this section:\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession, other than as:\n(a) a diagnostic radiographer in the diagnostic radiographer\ndivision of the medical radiation practice profession; or\n(b) a student.\n","sortOrder":178},{"sectionNumber":"102","sectionType":"section","heading":"Disclosure of information by Commissioner in certain","content":"102 Disclosure of information by Commissioner in certain\ncircumstances\n(1) The Commissioner may disclose to a firearms club or an historical\nfirearms collector's society any information the Commissioner holds\nabout an applicant for membership of the club or society that\nrelates to the following:\n(a) the firearms held by the applicant;\n(b) other firearms clubs or historical firearms collector's societies\nof which the applicant is a member;\n(c) any other firearms clubs or historical firearms collector's\nsocieties of which the applicant has been refused\nmembership, or from which the applicant has been expelled,\nin the preceding 5 years;\n(d) any licence or permit, or registration of a firearm, pertaining to\nthe applicant that has been suspended or revoked in the\npreceding 5 years;\n(e) any application by the applicant for a licence, permit or\nregistration of a firearm that has been refused by the\nCommissioner in the preceding 5 years.\n(2) If the Commissioner suspends or revokes a licence, permit or\nregistration of a firearm in relation to a person, the Commissioner\nmust inform any firearms club or historical firearms collector's\nsociety of which the person is a member of the suspension or\nrevocation.\n(2A) If the Commissioner or a court suspends or revokes a firearms\nemployee licence in relation to a person, the Commissioner must\ninform the holder of the firearms dealer licence, firearms corporate\n\nFirearms Act 1997 113\nlicence or firearms museum licence to which the employee licence\nrelates of the suspension or revocation.\n(2B) If the Commissioner or a court suspends or revokes a firearms\ninstructor licence or a permit in relation to a person and the\nCommissioner is aware of an employer or other person whose\noperations may be affected by the suspension or revocation, the\nCommissioner must inform the employer or other person of the\nsuspension or revocation.\n(3) No civil or criminal liability arises from the provision of information\nunder this section.\n","sortOrder":179},{"sectionNumber":"103","sectionType":"section","heading":"Duplicate certificates and licences","content":"103 Duplicate certificates and licences\n(1) Where the Commissioner is satisfied that a licence, permit or\ncertificate of registration has been damaged, destroyed, lost or\nstolen, the Commissioner may, on application of the holder, issue to\nthe holder a duplicate in the approved form.\n(2) An application under subsection (1) is to be in the approved form\naccompanied by the determined fee.\n","sortOrder":180},{"sectionNumber":"104","sectionType":"section","heading":"Averments","content":"104 Averments\nIn proceedings for an offence against this Act, an averment in a\ncomplaint or information that:\n(a) a specified person was or was not, at a specified time, the\nholder of a specified licence, permit or certificate of\nregistration; or\n(b) a specified firearm is of a specified calibre, category or kind; or\n(c) particular markings on a firearm are the marks of a specified\nmanufacturer of firearms; or\n(d) a specified firearm was, at a particular time, registered or not\nregistered; or\n(e) a licence, permit or certificate of registration was subject to\nspecified conditions at a specified time; or\n(f) a time limit prescribed by this Act has or has not expired; or\n(g) a specified area of land was, at a particular time, owned or\noccupied by a specified person;\nis evidence of the fact so averred.\n\nFirearms Act 1997 114\n","sortOrder":181},{"sectionNumber":"104A","sectionType":"section","heading":"Evidence by certificate","content":"104A Evidence by certificate\nIn any proceedings in a court for an offence against this Act, a\ncertificate purporting to be signed by the Commissioner is prima\nfacie evidence of the matters stated in the certificate and the facts\non which they are based.\n","sortOrder":182},{"sectionNumber":"105","sectionType":"section","heading":"Evidentiary – meaning of possession of a firearm etc.","content":"105 Evidentiary – meaning of possession of a firearm etc.\n(1) Without limiting the meaning of possession, for the purposes of\nany proceedings under this Act, a firearm, ammunition or a silencer\nis taken to be in the possession of a person if it is in or on any\npremises owned, leased or occupied by, or in the care, control or\nmanagement of, the person unless the court is satisfied that:\n(a) the firearm, ammunition or silencer was placed in or on, or\nbrought into or on to, the premises by or on behalf of a person\nwho was lawfully authorised by or under this Act to possess\nthe firearm, ammunition or silencer; or\n(b) the person did not know and could not reasonably be\nexpected to have known that the firearm, ammunition or\nsilencer was in or on the premises; or\n(c) on the evidence before it, the person was not in possession of\nthe firearm, ammunition or silencer.\nfirearm includes a prohibited firearm.\npremises includes a place, vehicle, vessel or aircraft.\n","sortOrder":183},{"sectionNumber":"106","sectionType":"section","heading":"Service of notices and documents","content":"106 Service of notices and documents\n(1) A notice or other document required or permitted to be served on a\nperson under this Act may be served:\n(a) by delivering it to the person; or\n(b) by posting it to the person's last-known place of business or\nresidence; or\n(c) by leaving it at the person's last-known place of business or\nresidence with a person who is apparently over the age of\n16 years and living or working there; or\n(d) in the case of a corporation, by delivering or posting it to the\nregistered office in the Territory or otherwise as provided by\nthe Corporations Act 2001.\n\nFirearms Act 1997 115\n(2) A notice or other document required or permitted to be served on\nthe holder of a firearms employee licence may be served by leaving\nit with or posting it to the holder of the firearms dealer licence,\nfirearms corporate licence or firearms museum licence specified in\nthe firearms employee licence.\n(3) A notice required to be given to the Commissioner may be given to\nor served on the Commissioner personally or by post or may be\ngiven to or served on a police officer at a police station.\n","sortOrder":184},{"sectionNumber":"106A","sectionType":"section","heading":"Conduct of representatives","content":"106A Conduct of representatives\n(1) If, in a proceeding for an offence against this Act, it is necessary to\nestablish a person's state of mind in relation to particular conduct, it\nis sufficient to show:\n(a) the conduct was engaged in by a representative of the person,\nwithin the scope of the representative's actual or apparent\nauthority; and\n(b) the representative had that state of mind.\n(2) For a proceeding for an offence against this Act, conduct engaged\nin on behalf of a person by a representative within the scope of the\nrepresentative's actual or apparent authority is taken to have been\nengaged in also by the person.\n(3) However, an individual is not liable to be punished by imprisonment\nfor an offence against this Act if the offence arises because of the\nperson's vicarious liability for the representative's conduct.\nengaging in conduct includes failing or refusing to engage in\nconduct.\nrepresentative means:\n(a) of a body corporate – an executive officer, employee or agent\nof the body corporate; or\n(b) of an individual – an employee or agent of the person.\nstate of mind of a person includes:\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person's reasons for the intention, opinion, belief or\npurpose.\n\nFirearms Act 1997 116\n","sortOrder":185},{"sectionNumber":"106B","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"106B Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n\nFirearms Act 1997 117\n(7) In this section:\ndeclared provision means:\n(a) section 16A(4) or 19; or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":186},{"sectionNumber":"107","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"107 Criminal liability of executive officer of body corporate –\ndeemed liability if body corporate commits offence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n\nFirearms Act 1997 118\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 26(2), 46(1), 58(1) or (6), 61(1) or (2), 61A(2), 62(1)\nor (2), 63(1) or (2) or 63A(1), (2) or (3); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":187},{"sectionNumber":"107A","sectionType":"section","heading":"Offences by representatives of licence and permit holders","content":"107A Offences by representatives of licence and permit holders\n(1) If the holder of a firearms dealer licence, firearms corporate licence,\nfirearms museum licence, firearms club licence or ammunition retail\npermit contravenes a provision of this Act, the person who at the\ntime of the offence is the representative of the holder of the licence\nor permit is taken to have contravened the same provision as if the\nperson knowingly authorised or permitted the contravention.\n(2) A person may be charged with and found guilty of an offence in\naccordance with subsection (1) whether or not the holder of the\nlicence is charged with or found guilty of the offence.\n","sortOrder":188},{"sectionNumber":"108","sectionType":"section","heading":"Commencement of prosecutions","content":"108 Commencement of prosecutions\nA prosecution for an offence against this Act is to be commenced:\n(a) not later than 12 months after the commission of the offence;\nor\n\nFirearms Act 1997 119\n(b) not later than 12 months after the offence is discovered but, in\nany event, not later than 2 years after the commission of the\noffence.\n","sortOrder":189},{"sectionNumber":"109","sectionType":"section","heading":"Regulatory offences","content":"109 Regulatory offences\nAn offence against this Act, other than sections 60J, 61, 63A, 74,\n89(1) and 95, is a regulatory offence.\n","sortOrder":190},{"sectionNumber":"110","sectionType":"section","heading":"Certain category H firearms to be produced to Commissioner","content":"110 Certain category H firearms to be produced to Commissioner\n(1) A person who, immediately before 1 July 2003, was the holder of a\nshooter's licence authorising the possession and use of a\ncategory H firearm that was granted for (or partially for) the genuine\nreason of sports shooting must, on or before 31 December 2003,\npresent to the Commissioner or a police officer every category H\nfirearm in the person's possession under the licence.\n(2) The Commissioner may specify a time and place at which a\ncategory H firearm mentioned in subsection (1) is to be produced.\n(3) If a person fails to produce a category H firearm mentioned in\nsubsection (1) at the time and place specified under subsection (2),\na police officer may give the registered owner of the firearm a\nnotice under section 96A(1) and section 96A applies accordingly.\n(4) The registration of a category H firearm mentioned in subsection (1)\nis cancelled by force of this section:\n(a) at the time the firearm is produced to the Commissioner or a\npolice officer; or\n(b) on 31 December 2003;\nwhichever is the earlier.\n(5) If a firearm produced under this section is not of a type that is\nprescribed for this section:\n(a) the registered owner of the firearm is to be paid compensation\nat the rate specified in the National List of Compensation\nValues for Handgun Buyback 2003 as published from time to\ntime by the Commonwealth; and\n(b) the firearm is forfeit to the Territory after compensation is paid.\n(6) If a firearm produced under this section is of a type that is\nprescribed for this section, the Commissioner must (subject to\nsection 110A) register the firearm again without charge.\n\nFirearms Act 1997 120\n(7) If the application of this section constitutes an acquisition of\nproperty for which the compensation provided under subsection (5)\ndoes not provide just terms, the registered owner of the firearm is\nentitled to receive just compensation for the acquisition and a court\nmay determine the amount of the compensation or make an order\nthat, in its opinion, is necessary to ensure that the acquisition is on\njust terms.\n","sortOrder":191},{"sectionNumber":"110A","sectionType":"section","heading":"Voluntary surrender of category H firearms","content":"110A Voluntary surrender of category H firearms\n(1) Despite that a category H firearm presented under section 110 is of\na type that is prescribed for that section and can be re-registered,\nthe person in whose name the firearm was registered may\nvoluntarily surrender the firearm to the Territory and, subject to\nsubsection (2), receive compensation at the rate mentioned in\nsection 110(5)(a).\n(2) Compensation is payable under subsection (1) only if the person\nsurrenders every category H firearm held under the person's\n(3) The Commissioner must revoke the licence to possess and use\ncategory H firearms of a person who voluntarily surrenders a\nCategory H firearm under this section, and the person is not eligible\nto apply for the grant of a category H sports shooters licence for\n5 years from the date of revocation.\n","sortOrder":192},{"sectionNumber":"111","sectionType":"section","heading":"Regulations","content":"111 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The Regulations may prescribe conditions to which a licence is\nsubject that prohibit or restrict the right of the holder of the licence\nto undertake activities otherwise permitted under the licence.\n(3) The Regulations may provide for:\n(a) the payment of a prescribed amount, not exceeding\n200 penalty units, instead of a penalty that may otherwise be\nimposed for an offence against this Act; and\n(b) the service of an infringement notice on a person alleged to\nhave committed an offence mentioned in paragraph (a) and\nthe particulars to be included in that notice.\n\nDivision 2 Statute Law Amendment (Directors' Liability) Act 2015\nFirearms Act 1997 121\n","sortOrder":193},{"sectionNumber":"112","sectionType":"section","heading":"Review of Act","content":"112 Review of Act\n(1) The Commissioner must, within 3 years after the commencement of\nthe Firearms Amendment (Paintball) Act 2007:\n(a) review the regulation of the playing of paintball; and\n(b) give a report of the review to the Minister.\n(2) The Minister must, within 7 sitting days after receiving the report,\ntable a copy of it in the Legislative Assembly.\nDivision 1 Firearms Amendment Act 2003\n113 Transitional\n(1) Subsection (2) applies to a person who, immediately before\n1 July 2003, was the holder of a shooter's licence authorising the\npossession and use of a category H firearm that was granted for (or\npartially for) the genuine reason of sports shooting.\n(2) Despite section 15A(1), the person is taken to lawfully hold any\ncategory H firearm the person was authorised to hold under the\nshooter's licence until the registration of the firearm is cancelled\nunder section 110(4).\nDivision 2 Statute Law Amendment (Directors' Liability)\nAct 2015\n","sortOrder":194},{"sectionNumber":"114","sectionType":"section","heading":"Offences – before and after commencement","content":"114 Offences – before and after commencement\n(1) Sections 106B and 107, as inserted by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new sections) apply in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 11 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n\nFirearms Act 1997 122\n(2) Section 107, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new sections do not apply.\nDivision 3 Transitional matters for Statute Law Amendment\n(NTCAT Conferral of Jurisdiction) Act 2023\n","sortOrder":195},{"sectionNumber":"115","sectionType":"section","heading":"Definitions","content":"115 Definitions\nIn this Division:\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\ncommencement means the commencement of Part 9 of the\namending Act.\nformer Act means this Act as in force immediately before the\ncommencement.\nformer Tribunal means the Firearms Appeal Tribunal established\nby section 50 of the former Act.\n","sortOrder":196},{"sectionNumber":"116","sectionType":"section","heading":"Review of decisions and actions before commencement","content":"116 Review of decisions and actions before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the former Tribunal against a\ndecision or action of the Commissioner (an appealable\ndecision or action) under section 51 of the former Act; and\n(b) had not yet instituted an appeal to the former Tribunal against\nthe appealable decision or action.\n(2) The person cannot institute an appeal to the former Tribunal\nagainst the appealable decision or action after the commencement,\nbut the person may apply to NTCAT for review of the appealable\ndecision or action.\n(3) NTCAT has jurisdiction to review an appealable decision or action\non an application made by the person under subsection (2).\n\nFirearms Act 1997 123\n(4) An application under subsection (2) must be made within 28 days\nafter the date of the appealable decision or action.\n","sortOrder":197},{"sectionNumber":"117","sectionType":"section","heading":"Pending proceeding before former Tribunal","content":"117 Pending proceeding before former Tribunal\n(1) This section applies in relation to an appeal to the former Tribunal\n(a pending proceeding) that:\n(a) was instituted by a person under section 51 of the former Act;\nand\n(b) had not been finally determined by the former Tribunal before\nthe commencement.\n(2) Despite the repeal of Part 9 of the former Act by section 82 of the\namending Act:\n(a) the former Tribunal continues in existence for the purpose of\nenabling it to determine any pending proceeding before it; and\n(b) a person who was a member of the former Tribunal\nimmediately before the commencement continues to be a\nmember of the former Tribunal for the purpose of enabling it to\ndetermine the pending proceeding; and\n(c) the former Tribunal must continue to hear and determine the\npending proceeding in accordance with the former Act, as if\n","sortOrder":198},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the amending Act had not commenced; and","content":"Part 9 of the amending Act had not commenced; and\n(d) Part 9 and Schedule 7 of the former Act continue to apply after\nthe commencement in relation to the pending proceeding.\n(3) A party to a pending proceeding may appeal to the Supreme Court\nagainst a decision made by the former Tribunal in the pending\nproceeding in accordance with section 54C of the former Act, as if\nPart 9 of the amending Act had not commenced.\n(4) Subject to section 120, the Supreme Court must hear and\ndetermine the party's appeal in accordance with section 54C of the\nformer Act, as if Part 9 of the amending Act had not commenced.\n\nFirearms Act 1997 124\n","sortOrder":199},{"sectionNumber":"118","sectionType":"section","heading":"Appeals against decisions of former Tribunal not instituted","content":"118 Appeals against decisions of former Tribunal not instituted\nbefore commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Supreme Court against a\ndecision of the former Tribunal under section 54C of the\nformer Act; and\n(b) had not yet instituted an appeal against the decision.\n(2) The person may appeal to the Supreme Court against the decision\nin accordance with section 54C of the former Act, as if Part 9 of the\namending Act had not commenced.\n(3) Subject to section 120, the Supreme Court must hear and\ndetermine the person's appeal in accordance with section 54C of\nthe former Act, as if Part 9 of the amending Act had not\ncommenced.\n","sortOrder":200},{"sectionNumber":"119","sectionType":"section","heading":"Appeals against decisions of former Tribunal not determined","content":"119 Appeals against decisions of former Tribunal not determined\nbefore commencement\n(1) Subsection (2) applies in relation to an appeal to the Supreme\nCourt against a decision of the former Tribunal that:\n(a) was instituted by a person under section 54C of the former\n(b) had not been finally determined by the Court before the\ncommencement.\n(2) Subject to section 120, the Supreme Court must continue to hear\nand determine the person's appeal in accordance with section 54C\nof the former Act, as if Part 9 of the amending Act had not\ncommenced.\n","sortOrder":201},{"sectionNumber":"120","sectionType":"section","heading":"Remittal of matters to NTCAT on appeals determined after","content":"120 Remittal of matters to NTCAT on appeals determined after\ncommencement\n(1) If the decision of the Supreme Court on an appeal referred to in\nsection 117(4), 118(3) or 119(2) would require the matter that is the\nsubject of the appeal to be remitted to the former Tribunal to be\ndetermined again in accordance with the Court's directions, the\nCourt:\n(a) must instead remit the matter to NTCAT for determination; and\n\n","sortOrder":202},{"sectionNumber":"Div 4","sectionType":"division","heading":"Attorney-General and Police Legislation Amendment Act 2025","content":"Division 4 Attorney-General and Police Legislation Amendment Act 2025\nFirearms Act 1997 125\n(b) may make any orders and give any directions that it considers\nappropriate to facilitate the remittal of the matter to NTCAT\ninstead of the former Tribunal.\n(2) Subject to subsection (3), NTCAT must hear and determine the\nremitted matter as if it had originally been commenced in NTCAT by\nway of application for review of the decision or action of the\nCommissioner that was the subject of the appeal to the former\nTribunal.\n(3) For the determination of the remitted matter, NTCAT may make any\ndecision or order under Part 9 of the former Act that could have\nbeen made by the former Tribunal in accordance with the Court's\ndirections if the matter had been remitted to it.\nDivision 4 Attorney-General and Police Legislation\nAmendment Act 2025\n","sortOrder":203},{"sectionNumber":"121","sectionType":"section","heading":"Application of amendments to section 35","content":"121 Application of amendments to section 35\n(1) The amendments made to section 35 by the amending Act do not\napply in relation to an application for a permit that was made, but\nnot decided, before the commencement.\n(2) Section 35, as in force immediately before the commencement,\ncontinues to apply in relation to an application mentioned in\nsubsection (1).\n(3) In this section:\namending Act means the Attorney-General and Police Legislation\nAmendment Act 2025.\ncommencement means the commencement of section 4 of the\namending Act.\n\nFirearms Act 1997 126\n1 A machine gun, sub-machine gun or other firearm capable of propelling\nprojectiles in rapid succession during one pressure of the trigger.\n2 A self-loading rimfire rifle (including such a firearm described elsewhere\nin this Schedule).\n3 A self-loading centre-fire rifle (including such a firearm described\nelsewhere in this Schedule).\n4 A self-loading or pump action shotgun (including such a firearm\ndescribed elsewhere in this Schedule).\n5 A self-loading centre-fire rifle of a kind that is designed or adapted for\nmilitary purposes.\n6 A self-loading shotgun of a kind that is designed or adapted for military\npurposes.\n7 A firearm that substantially duplicates in appearance (regardless of\ncalibre or manner of operation) a firearm mentioned in item 1, 5 or 6.\n8 A shotgun fitted with or designed to be fitted with a drum magazine of\nthe \"Striker 12\" assault shotgun type or any similar weapon.\n9 A firearm to which there is attached an article or device capable of\nmuffling, reducing or stopping the noise created by firing the firearm.\n10 A firearm, not being a pistol, fitted with a stock that is specially\ndesigned so as to be readily detachable, or to operate on a swivel,\nfolding or telescopic basis.\n11 A firearm made up in the form of a stylographic or propelling pen or\npencil, capable of being used for the discharge of gas, bullets, shot,\ndye or pyrotechnic flares.\n12 A firearm capable of discharging, in any way:\n(a) an irritant matter in liquid, powder, gas or chemical form; or\n(b) a pyrotechnic flare or dye, other than a distress signal device.\n13 A firearm that substantially duplicates in appearance a walking stick or\nwalking cane.\n\nFirearms Act 1997 127\n14 A cannon or other weapon by whatever name known of a type that will\nexpel a projectile by the action of an explosive or other propellant, and\nthat has a barrel with a bore in excess of 10 gauge.\n15 A firearm or part that has a dimension less than the minimum\ndimension prescribed for the firearm or part.\n\nFirearms Act 1997 128\nAir rifles\nRimfire rifles, other than self-loading\nShotguns, other than pump action or self-loading\nShotgun and rimfire rifle combinations\n\nFirearms Act 1997 129\nMuzzle-loading firearms\nCentre-fire rifles, other than self-loading\nShotgun and centre-fire rifle combinations\n\nFirearms Act 1997 130\nSelf-loading rimfire rifles with magazine capacity of no more than 10 rounds\nSelf-loading shotguns with magazine capacity of no more than 5 rounds\nPump action shotguns with magazine capacity of no more than 5 rounds\nFirearms designed to discharge tranquillisers\nPaintball firearms\n\nFirearms Act 1997 131\nSelf-loading centre-fire rifles\nSelf-loading shotguns with capacity of more than 5 rounds\nPump action shotguns with capacity of more than 5 rounds\nSelf-loading rimfire rifles with magazine capacity of more than 10 rounds\nFirearms, other than pistols, less than 70 cm in length and capable of being\nconcealed on or about the person\nInoperable machine guns\n\nFirearms Act 1997 132\nPistols and air pistols\n\nFirearms Act 1997 133\nsection 50\nItem Reviewable decision Affected person\n1 A decision of the Commissioner under\nsection 10 to refuse to grant a licence, other\nthan a refusal on the grounds mentioned in\nsection 10(8A)\n2 A decision of the Commissioner under\nsections 10 and 13(2)(b) to grant a licence\nsubject to conditions specified by the\nCommissioner\n3 A decision of the Commissioner under\nsection 31 to refuse to grant a permit, other\nthan a refusal on the grounds mentioned in\nsection 33(3A)\n4 A decision of the Commissioner under\nsections 31 and 34(1)(b) to grant a permit\nsubject to conditions specified by the\nCommissioner\n5 A decision of the Commissioner under\nsection 34(3) to suspend or revoke a permit,\nother than a revocation on the grounds\nmentioned in section 40A(1)\n","sortOrder":204},{"sectionNumber":"6","sectionType":"section","heading":"A decision of the Commissioner under","content":"6 A decision of the Commissioner under\nsection 36 to refuse to register a firearm\nThe applicant for\nregistration\n7 A decision of the Commissioner under\nsection 40(2), (2A) or (3) to revoke a licence,\npermit or certificate of registration\n8 A decision of a police officer under\nsection 42(1) to suspend a licence, permit or\ncertificate of registration\n9 A decision of the Commissioner under\nsection 42(1A) to suspend a licence, permit\nor certificate of registration\n10 A decision of the Commissioner under\nsection 49(2) to refuse to approve premises\napproval\n\nFirearms Act 1997 134\nItem Reviewable decision Affected person\n11 A decision of the Commissioner under\nsection 49(6) to suspend or revoke an\napproval given under section 49\napproval\n12 A decision of the Commissioner under\nsection 49A(3) to refuse an application for an\napproval for the use of premises as a\npaintball range\nThe applicant\n13 A decision of the Commissioner under\nsection 49A(3) and (6) to approve an\napplication for an approval for the use of\npremises as a paintball range subject to\nconditions imposed by the Commissioner\nThe applicant\n14 A decision of the Commissioner under\nsection 49ZA(2)(a) to direct an owner of a\nfirearm or firearm related item to sell or\notherwise dispose of the firearm or firearm\nThe owner of the\nfirearm or firearm\n\nFirearms Act 1997 135\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFirearms Act 1997 (Act No. 2, 1997)\nAssent date 11 March 1997\nCommenced 13 March 1997 (Gaz S8, 13 March 1997)\nFirearms Amendment Act 2000 (Act No. 39, 2000)\nAssent date 19 August 2000\nCommenced 19 August 2000\nFirearms Amendment Act (No. 2) 2000 (Act No. 64, 2000)\nAssent date 14 December 2000\nCommenced 1 January 2001 (Gaz S63, 22 December 2000, p 1)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced s 8: 1 January 2001 (s 2(2), s 2 Firearms Amendment\nAct (No. 2) 2000 (Act No. 64, 2000) and Gaz S63,\n22 December 2000, p 1)\nCorporations Reform (Consequential Amendments (NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (15 July 2001 (s 2, s 2 Corporations Act 2001\n(Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)\nFirearms Amendment Act 2003 (Act No. 25, 2003)\nAssent date 26 June 2003\nCommenced 1 July 2003 (s 2)\n\nFirearms Act 1997 136\nFirearms Amendment Act 2004 (Act No. 19, 2004)\nAssent date 15 March 2004\nCommenced s 4: nc (rep by Act No 4, 2007); rem: 28 April 2004 (Gaz G17,\n28 April 2004, p 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nDomestic Violence Amendment (Police Orders) Act 2005 (Act No. 38, 2005)\nAssent date 22 November 2005\nCommenced 22 February 2006 (Gaz G8, 22 February 2006, p 5)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nFirearms Amendment (Paintball) Act 2007 (Act No. 17, 2007)\nAssent date 18 September 2007\nCommenced 29 November 2007 (Gaz G48, 28 November 2007, p 4)\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\n\nFirearms Act 1997 137\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nJustice and Other Legislation Amendment Act 2011 (Act No. 25, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nFirearms Amendment Act 2014 (Act No. 32, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G40, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local\nCourt (Repeals and Related Amendments) Act 2016 (Act\nNo. 9, 2016) and Gaz S34, 29 April 2016)\nFirearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016)\nAssent date 13 July 2016\nCommenced 12 October 2016 (Gaz G41, 12 October 2016, p 2)\n\nFirearms Act 1997 138\nDomestic and Family Violence (Recognition of Domestic Violence Orders) (National\nUniform Law) Amendment Act 2017 (Act No. 2, 2017)\nAssent date 10 March 2017\nCommenced 25 November 2017 (Gaz S86, 24 November 2017, p 1)\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\nAnimal Protection Act 2018 (Act No. 25, 2018)\nAssent date 22 November 2018\nCommenced 1 November 2022 (Gaz , 2022, p 1)\nAnimal Protection Amendment Act 2022 (Act No. 19, 2022)\nAssent date 12 September 2022\nCommenced 13 September 2022 (s 2)\nFirearms Legislation Amendment Act 2019 (Act No. 38, 2019)\nAssent date 13 December 2019\nCommenced 2 March 2020 (Gaz S8, 28 February 2020)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nPolice Administration Amendment Act 2021 (Act No. 8, 2021)\nAssent date 13 April 2021\nCommenced 27 May 2021 (Gaz S15, 27 May 2021)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nPolice Legislation Further Amendment Act 2023 (Act No. 18, 2023)\nAssent date 17 August 2023\nCommenced 21 September 2023 (Gaz S67, 20 September 2023)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n\nFirearms Act 1997 139\nFirearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023)\nAssent date 6 December 2023\nCommenced pt 3: nc; rem: 7 December 2023 (s 2(1))\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nAttorney-General and Police Legislation Amendment Act 2025 (Act No. 35, 2025)\nAssent date 5 December 2025\nCommenced 6 December 2025 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 10, 54A, 60J, 78, 93A,\n99 and 99A.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 25, 2011, s 18\ns 3 amd No. 39, 2000, s 3; No. 64, 2000, s 4; No. 25, 2003, s 4; No. 38, 2005,\ns 14; No. 4, 2007, s 2; No. 17, 2007, s 4; No. 34, 2007, s 138; No. 25, 2011,\ns 12; No. 9, 2016, s 160; No. 10, 2016, s 31; No. 2, 2017, s 23; No. 38, 2019,\ns 4; No. 24, 2023, s 76; No. 32, 2023, s 4; No. 33, 2023, s 78\ns 4 amd No. 64, 2000, s 5; No. 25, 2003, s 5; No. 17, 2007, s 28; No. 25, 2011,\ns 18; No. 27, 2014, s 57; No. 27, 2016, s 4; No. 32, 2023, s 5\ns 4A ins No. 38, 2019, s 5\ns 5 amd No. 25, 2003, s 6; No. 25, 2011, s 18; No. 38, 2019, s 6\ns 6 amd No. 25, 2011, s 18\n\nFirearms Act 1997 140\ns 7 amd No. 19, 2004, s 5; No. 29, 2010, s 6; No. 25, 2011, s 18; No. 9, 2017, s 9\ns 8 amd No. 25, 2011, s 18\ns 9 amd No. 64, 2000, s 6; No. 17, 2007, s 5; No. 25, 2011, s 18; No. 32, 2023,\ns 6\ns 10 amd No. 64, 2000, s 7; No. 25, 2003, s 7; No. 17, 2007, s 6; No. 34, 2007,\ns 139; No. 25, 2011, s 13; No. 32, 2023, s 7; No 4, 2024, s 36\ns 10AA ins No. 25, 2003, s 8\ns 10AB ins No. 25, 2003, s 8\namd No. 32, 2023, s 8\ns 10AC ins No. 25, 2003, s 8\ns 10AD ins No. 17, 2007, s 7\ns 10A ins No. 64, 2000, s 8\namd No. 17, 2007, s 28; No. 32, 2023, s 9\ns 11 amd No. 64, 2000, s 9; No. 25, 2003, s 9; No. 17, 2007, s 28; No. 25, 2011,\ns 18; No. 25, 2018, s 130; No. 32, 2023, s 10\ns 12 amd No. 17, 2007, s 28\ns 13 amd No. 25, 2003, s 10; No. 25, 2011, s 18\ns 14 amd No. 64, 2000, s 10; No. 25, 2003, s 11; No. 19, 2004, s 6; No. 17, 2007,\ns 8; No. 25, 2011, s 18; No. 27, 2016, s 5; No. 32, 2023, s 11\npt 3\ndiv 3A hdg ins No. 25, 2003, s 12\ns 15A ins No. 25, 2003, s 12\ns 15B ins No. 25, 2003, s 12\namd No. 19, 2004, s 33; No. 25, 2011, s 18\ns 15C ins No. 25, 2003, s 12\ns 16A ins No. 25, 2003, s 13\namd No. 17, 2007, s 28; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 16B ins No. 32, 2023, s 12\ns 17 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023,\ns 13\ns 18 amd No. 64, 2000, s 37 as amd by No. 62, 2001, s 8; No. 25, 2003, s 14;\nNo. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023, s 14\ns 19 amd No. 64, 2000, s 37 as amd by No. 62, 2001, s 8; No. 25, 2011, s 18;\nsub No. 32, 2023, s 15\ns 20 amd No. 64, 2000, s 37\nsub No. 25, 2003, s 15\namd No. 34, 2007, s 139; No. 25, 2011, s 14; No. 27, 2011, s 4\nrep No. 32, 2023, s 15\ns 22 amd No. 64, 2000, ss 11 and 37; No. 25, 2003, s 16; No. 25, 2011, s 18;\ns 22A ins No. 25, 2003, s 17\ns 23 amd No. 64, 2000, s 37; No. 25, 2003, s 42; No. 25, 2011, s 18; No. 27,\n2011, s 4\ns 24 amd No. 64, 2000, s 37; No. 25, 2003, s 18; No. 19, 2004, s 7; No. 25, 2009,\ns 6; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 25 amd No. 64, 2000, s 37; No. 27, 2011, s 4\npt 3\ndiv 6A hdg ins No. 25, 2003, s 19\ns 25A ins No. 25, 2003, s 19\ns 26 amd No. 64, 2000, ss 12 and 37; No. 19 , 2004, s 8; No. 25, 2011, s 18;\npt 3\ndiv 8 hdg rep No. 32, 2023, s 16\n\nFirearms Act 1997 141\ns 27 rep No. 32, 2023, s 16\ns 29A ins No. 32, 2023, s 17\npt 3\ndiv 12 hdg ins No. 64, 2000, s 13\ns 30A ins No. 64, 2000, s 13\namd No. 25, 2003, s 20; No. 25, 2011, s 18\ns 30B ins No. 64, 2000, s 13\namd No. 25, 2003, s 21; No. 25, 2011, s 18; No. 27, 2011, s 4\npt 3\ndiv 13 hdg ins No. 64, 2000, s 13\ns 30C ins No. 64, 2000, s 13\npt 3\ndiv 13A hdg ins No. 32, 2023, s 18\ns 30CA ins No. 32, 2023, s 18\npt 3\ndiv 14 hdg ins No. 17, 2007, s 9\npt 3\ndiv 14\nsdiv 1 hdg ins No. 17, 2007, s 9\ns 30D ins No. 17, 2007, s 9\npt 3\ndiv 14\nsdiv 2 hdg ins No. 17, 2007, s 9\nss 30E – 30G ins No. 17, 2007, s 9\ns 31 amd No. 64, 2000, s 14; No. 25, 2003, s 22; No. 19, 2004, s 9; No. 17, 2007,\ns 10; No. 25, 2011, s 18; No. 32, 2023, s 19\ns 32 amd No. 17, 2007, s 11; No. 25, 2011, s 18; No. 32, 2023, s 20\ns 33 amd No. 39, 2000, s 4; No. 64, 2000, s 15; No. 25, 2003, s 23; No. 17, 2007,\ns 12; No. 34, 2007, s 139; No. 25, 2011, s 15; No. 32, 2023, s 21\ns 33A ins No. 39, 2000, s 5\ns 34 amd No. 64, 2000, s 16; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023,\ns 22\ns 35 amd No. 64, 2000, s 17; No. 25, 2011, s 18; No. 35, 2025, s 4\nss 35A – 35C ins No. 25, 2003, s 24\ns 35D ins No. 17, 2007, s 13\ns 36 amd No. 25, 2003, s 42; No. 19, 2004, s 33; No. 25, 2011, s 18\ns 37 amd No. 25, 2011, s 18\ns 39 amd No. 64, 2000, s 18; No. 34, 2007, s 140; No. 25, 2011, s 18; No. 27,\n2011, s 4; No. 10, 2016, s 31\ns 40 amd No. 64, 2000, ss 19 and 37; No. 25, 2003, s 25; No. 17, 2007, s 14;\nNo. 34, 2007, s 139; No. 25, 2011, s 16; No. 27, 2011, s 4; No. 24, 2023,\ns 77; No. 32, 2023, s 23\ns 40A ins No. 25, 2003, s 26\namd No. 17, 2007, s 28; No. 25, 2011, s 18\ns 40B ins No. 25, 2003, s 26\ns 42 amd No. 64, 2000, s 37; No. 19, 2004, s 10; No. 17, 2007, s 15; No. 25,\n2011, s 18; No. 27, 2011, s 4\ns 43 amd No. 19, 2004, s 11; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 44 amd No. 64, 2000, s 37; No. 25, 2003, s 42; No. 27, 2011, s 4; No. 24, 2023,\ns 78\ns 44A ins No. 64, 2000, s 20\nrep No. 19, 2004, s 12\ns 45 amd No. 64, 2000, s 37\nrep No. 19, 2004, s 13\nins No. 24, 2023, s 79\n\nFirearms Act 1997 142\ns 46 amd No. 64, 2000, s 37\nsub No. 19 , 2004, s 13\ns 47 amd No. 25, 2011, s 18\npt 8 hdg amd No. 17, 2007, s 28\ns 48 amd No. 64, 2000, s 37; No. 17, 2007, s 28; No. 27, 2011, s 4\ns 49 amd No. 64, 2000, s 37; No. 19, 2004, s 33; No. 17, 2007, s 28; No. 25,\n2011, s 18; No. 27, 2011, s 4\ns 49A ins No. 17, 2007, s 16\npt 8A hdg ins No. 38, 2019, s 7\ndiv 1 hdg ins No. 38, 2019, s 7\nss 49B – 49D ins No. 38, 2019, s 7\ndiv 2 hdg ins No. 38, 2019, s 7\nss 49E – 49K ins No. 38, 2019, s 7\ndiv 3 hdg ins No. 38, 2019, s 7\ndiv 3 note amd No. 24, 2023, s 80\ns 49L ins No. 38, 2019, s 7\namd No. 24, 2023, s 81\nss 49M – 49N ins No. 38, 2019, s 7\ndiv 4 hdg ins No. 38, 2019, s 7\nss 49P – 49S ins No. 38, 2019, s 7\ns 49T ins No. 38, 2019, s 7\namd No. 4, 2023, s 23\ndiv 5 hdg ins No. 38, 2019, s 7\nss 49U – 49ZA ins No. 38, 2019, s 7\ndiv 6 hdg ins No. 38, 2019, s 7\ns 49ZAB ins No. 38, 2019, s 7\npt 9 hdg sub No. 24, 2023, s 82\ns 50 amd No. 19, 2004, s 33; No. 25, 2011, s 18; No. 8, 2016, s 45\nsub No. 24, 2023, s 82\ns 51 amd No. 64, 2000, s 37; No. 19, 2004, s 14; No. 27, 2011, s 4; No. 38, 2019,\ns 8\nsub No. 24, 2023, s 82\ns 52 rep No. 24, 2023, s 82\ns 53 amd No. 64, 2000, s 37\nrep No. 19, 2004, s 15\ns 53A ins No. 64, 2000, s 21\nrep No. 19, 2004, s 15\ns 54 amd No. 19, 2004, s 16\ns 54A ins No. 19, 2004, s 17\namd No. 8, 2016, s 45\nss 54B – 54C ins No. 19, 2004, s 17\ns 55 amd No. 19, 2004, s 33; No. 25, 2011, s 18\ns 56 amd No. 25, 2011, s 18\ns 58 amd No. 64, 2000, ss 22 and 37; No. 25, 2003, s 27; No. 19, 2004, s 18;\nNo. 17, 2007, s 17; No. 34, 2007, ss 139 and 140; No. 25, 2011, s 17; No. 27,\n2011, s 4; No. 38, 2019, s 9\n\nFirearms Act 1997 143\ns 58A ins No. 25, 2003, s 28\namd No. 19, 2004, s 19; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 58B ins No. 25, 2003, s 28\ns 59 amd No. 64, 2000, s 37; No. 17, 2007, s 18; No. 27, 2011, s 4; No. 38, 2019,\ns 10\ns 60 amd No. 64, 2000, s 37; No. 27, 2011, s 4\npt 11\ndiv 2A hdg ins No. 19, 2004, s 20\ns 60A ins No. 19, 2004, s 20\npt 11\ndiv 2B hdg ins No. 17, 2007, s 19\nss 60B – 60H ins No. 17, 2007, s 19\ns 60J ins No. 17, 2007, s 19\nsub No. 32, 2014, s 3\nss 60K – 60L ins No. 17, 2007, s 19\ns 61 rep No. 64, 2000, s 23\nins No. 25, 2003, s 29\ns 61A ins No. 25, 2003, s 29\ns 62 amd No. 64, 2000, s 37\nsub No. 19, 2004, s 21\namd No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 11\ns 63 amd No. 64, 2000, s 24\nsub No. 19, 2004, s 21\namd No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 12\ns 63A ins No. 19, 2004, s 21\ns 63B ins No. 19, 2004, s 21\namd No. 27, 2011, s 4; No. 38, 2019, s 13\ns 64 amd No. 64, 2000, ss 25 and 37; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 65 sub No. 64, 2000, s 26\ns 66 amd No. 39, 2000, s 6; No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011,\ns 4\ns 67 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019,\ns 14\ns 68 amd No. 64, 2000, s 37; No. 27, 2011, s 4; No. 38, 2019, s 15\ns 68A ins No. 19, 2004, s 22\ns 69 amd No. 64, 2000, s 37; No. 19, 2004, s 23; No. 17, 2007, s 20; No. 27,\n2011, s 4; No. 32, 2023, s 24\ns 70 amd No. 64, 2000, s 37; No. 27, 2011, s 4\ns 71 amd No. 64, 2000, ss 27 and 37; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 72 amd No. 64, 2000, s 37\nrep No. 19, 2004, s 24\ns 73 amd No. 64, 2000, ss 28 and 37; No. 27, 2011, s 4\ns 74 amd No. 64, 2000, s 37\nsub No. 25, 2003, s 30\ns 75 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 76 amd No. 64, 2000, ss 29 and 37; No. 25, 2003, s 31; No. 27, 2011, s 4\ns 77 sub No. 64, 2000, s 30\namd No. 19, 2004, s 33; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 78 amd No. 64, 2000, s 37; No. 19, 2004, s 25; No. 28, 2008, s 3; No. 25, 2011,\ns 18; No. 27, 2011, s 4; No. 39, 2019, s 370\nss 79 – 83 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4\n\nFirearms Act 1997 144\ns 84 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019,\ns 16\ns 85 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4\nss 86 – 88 amd No. 64, 2000, s 37; No. 27, 2011, s 4\ns 89 amd No. 64, 2000, s 37; No. 19, 2004, s 26; No. 17, 2007, s 21; No. 27,\n2011, s 4; No. 23, 2013, s 3\nss 90 – 91 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 91A ins No. 64, 2000, s 31\namd No. 17, 2007, s 22; No. 32, 2023, s 25\npt 12 hdg amd No. 25, 2011, s 18\ns 92 amd No. 25, 2011, s 18\ns 93 amd No. 17, 2007, s 28; No. 25, 2011, s 18\npt 12\ndiv 1A hdg ins No. 25, 2003, s 32\ns 93A ins No. 25, 2003, s 32\ns 93B ins No. 25, 2003, s 32\ns 93C ins No. 25, 2003, s 32\ns 93D ins No. 25, 2003, s 32\ns 93E ins No. 25, 2003, s 32\ns 93F ins No. 25, 2003, s 33\nss 94 – 95 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 96 amd No. 64, 2000, s 37; No. 25, 2003, s 34; No. 19, 2004, s 33; No. 17,\n2007, s 28; No. 25, 2011, s 18; No. 27, 2011, s 4\ns 96A ins No. 25, 2003, s 35\nss 97 – 98 amd No. 25, 2011, s 18\ns 98A ins No. 19, 2004, s 27\ns 99 amd No. 64, 2000, s 37; No. 6, 2008, s 3; No. 34, 2007, s 139; No. 25, 2011,\ns 18; No. 27, 2011, s 4; No. 8, 2021, s 6\ns 99A ins No. 19, 2004, s 28\namd No. 25, 2011, s 18; No. 38, 2019, s 17; No. 8, 2021, s 7; No. 18, 2023,\ns 20\ns 100 amd No. 25, 2011, s 18\ns 101 amd No. 25, 2003, s 36; No. 44, 2005, s 22; No. 18, 2010, s 38; No. 25,\n2011, s 18; No. 27, 2011, s 4; No. 17, 2012, s 55\ns 102 amd No. 64, 2000, s 32\nsub No. 25, 2003, s 37\namd No. 19, 2004, s 29; No. 32, 2023, s 26\ns 104 amd No. 25, 2011, s 18\ns 104A ins No. 19, 2004, s 30; No. 8, 2016, s 45\ns 105 sub No. 25, 2003, s 38\ns 106 amd No. 17, 2001, s 21; No. 25, 2011, s 18; No. 32, 2023, s 27\ns 106A ins No. 17, 2007, s 23\ns 106B ins No. 26, 2015, s 33\ns 107 sub No. 17, 2007, s 23; No. 26, 2015, s 33\ns 107A ins No. 64, 2000, s 33\namd No. 17, 2007, s 28; No. 25, 2011, s 18; No. 32, 2023, s 28\ns 109 amd No. 19, 2004, s 33; No. 17, 2007, s 28; No. 8, 2016, s 45\ns 110 sub No. 25, 2003, s 39\ns 110A ins No. 25, 2003, s 39\ns 111 amd No. 64, 2000, s 34; No. 25, 2003, s 40; No. 17, 2007, s 24; No. 25,\n2011, s 18\n\nFirearms Act 1997 145\ns 112 rep No. 19, 2004, s 33\nins No. 17, 2007, s 25\nrenum No. 26, 2015, s 34\npt 13 hdg ins No. 26, 2015, s 35\ndiv 1 hdg ins No. 26, 2015, s 35\ns 113 amd No. 64, 2000, s 35\nsub No. 25, 2003, s 41\ndiv 2 hdg ins No. 26, 2015, s 36\ns 114 ins No. 26, 2015, s 36\ndiv 3 hdg ins No. 24, 2023, s 83\nss 115 – 120 ins No. 24, 2023, s 83\ndiv 4 hdg ins No. 35, 2025, s 5\ns 121 ins No. 35, 2025, s 5\nsch 1 amd No. 19, 2004, s 31; No. 17, 2007, s 26; No. 25, 2011, s 18\nsch 4 amd No. 17, 2007, s 27\nsch 5 amd No. 64, 2000, s 36\nsch 7 sub No. 19, 2004, s 32\namd No. 40, 2010, s 118; No. 27, 2011, s 4; No. 8, 2016, s 45\nsub No. 24, 2023, s 84","sortOrder":205}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act, originally a licensing/registration statute, has been materially expanded since 1997 through many amendments. Notable scope enlargements include:\n\n- Preventive administrative orders and enforcement powers: Part 8A (ss 49E–49ZA) introduces firearm prohibition orders (2019 amendment) with broad search/seizure and seizure/storage/forfeiture rules, shifting the law beyond purely post‑offence criminal sanctioning to proactive administrative prohibitions.\n- Intelligence-based decisions: provisions allowing revocation or refusal based on criminal intelligence without disclosure of reasons (s 40A; s 10(8A)) broaden the bases for administrative action beyond convictions or established misconduct.\n- Business and corporate regulation: added and refined rules for dealers, armourers and paintball operators (record keeping, close associates disclosure, insurance requirements — ss 16A, 16B, 30G, 60D–60K) and corporate/executive liability provisions (ss 106B, 107) increase regulatory oversight of commercial operators and directors.\n- Specific new activity classes: explicit regulation of paintball as a commercial activity (licensing, approvals, player ID/declarations, age limits) creates a specialised regulatory track (ss 30D–30G; Part 11 Div 2B).\n\nThese additions mean the Act now covers preventive public‑safety interventions, intelligence‑driven administrative decisions, detailed commercial regulation and corporate liability rules well beyond its original registration/licensing focus. The practical effect is a broader set of obligations on individual owners and businesses and wider enforcement authorities for police and the Commissioner."},"complexity_factors":["Lengthy Act with many Parts and Schedules (13 Parts, Schedules 1–7).","Large interpretation/definitions section (s 3) covering many technical terms and categories (firearm categories, parts, licences, paintball terms).","Numerous licence and permit types (around 16 distinct licence/permit categories and multiple sub‑divisions and special rules for each).","Multiple nested conditions, exceptions and automatic rules (e.g. automatic suspension on interim domestic violence orders s 39; automatic revocation on final DVO or conviction s 40(1)).","Extensive cross-references to other statutes (Domestic and Family Violence Act 2007, Personal Violence Restraining Orders Act 2016, Serious Crime Control Act 2009, Police Administration Act 1978, NTCAT Act 2014).","Part 8A (firearm prohibition orders) is a self-contained complex regime including administrative orders, criminal offences, broad search powers and special tribunal procedures (ss 49B–49ZA).","Multiple decision‑making and limited-review provisions: broad Commissioner discretion with non-disclosure of reasons in some cases (ss 10(8A), 40A(2)), and section 93F limiting review. Review pathways include NTCAT and the Supreme Court; Schedule 7 lists reviewable decisions.","Significant criminal and regulatory penalty structure with variable maxima, including very high penalties for manufacturing, trafficking and repeated contraventions (e.g. ss 61, 63A, 74, Part 8A offences).","Transitional and amendment history adds complexity: many amendments and transitional provisions (Part 13) that alter application timing and carryover of prior rights and appeals."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes a regulatory system for firearms in the Northern Territory: who may possess, use, buy, sell, repair, store and register firearms and ammunition. (Long title; see Parts 3–6, 11.)\n- Creates many distinct licences and permits with category limits and conditions (shooter's licences, category H sports shooter's licences, dealer, armourer, collector, corporate, club, instructor, employee, paintball operator and employee licences, ammunition retail permits and special permits). (See Part 3 and Part 4, especially ss 9–16, 22, 24–31; s 31 lists permit types.)\n- Requires registration of individual firearms and issues certificates of registration; sets how registration is done and when it ends. (ss 36–37.)\n- Sets detailed storage and safekeeping obligations and gives police seizure powers where storage is not compliant. (ss 46–47.)\n- Specifies a comprehensive range of criminal offences and penalties for unlawful manufacture, sale, purchase, possession, carriage, advertising, modification, trafficking, and misuse of firearms and ammunition. Many offences have heavy criminal penalties, including imprisonment. (Part 11, esp. ss 58–69, 61, 63, 63A, 74.)\n- Gives the Commissioner of Police extensive administrative powers to grant, refuse, suspend or revoke licences, permits and registrations; those powers include discretion based on criminal intelligence, fitness-and-proper‑person tests, and public‑interest considerations. (ss 5, 10, 33, 38–43, 40A.)\n- Introduces firearm prohibition orders (PPOs): an administrative preventive order the Commissioner may make to prohibit an individual from acquiring, possessing or using firearms or firearm-related items and to require surrender; it includes broad search and seizure powers and criminal offences for breaching the order. (Part 8A, ss 49E–49ZA.)\n- Provides review rights to the Northern Territory Civil and Administrative Tribunal (NTCAT) for many decisions, and sets special procedures for review of PPOs (including rules about classified criminal intelligence). (ss 49L–49N, 50–51; Schedule 7 lists reviewable decisions.)\n- Regulates paintball businesses and players as a specific subset of activity (licensing/approvals, player declarations, age limits, insurance, record-keeping). (ss 30D–30G, 60B–60L; s 49A.)\n\n**Who is affected**\n\n- Individual firearm owners and prospective owners (applicants for licences, permit-holders, and registered owners). (Parts 3–6.)\n- Businesses that deal with firearms: firearms dealers, armourers, museums, collectors, corporate licence holders, and paintball operators (licensing, security and record-keeping obligations). (Part 3 Divs 4–7, 14; Part 4.)\n- Police and the Commissioner of Police (decision-makers and enforcers). (Multiple provisions; see ss 5, 7, 40A, Part 8A.)\n- Firearms clubs and sporting competitors (rules for club approvals, category H shooters, temporary recognition of interstate licences). (ss 15A–15C, 30A–30B, 92–93.)\n- Employers and corporate officers of licensed bodies (vicarious and direct liability provisions for corporate breaches; see ss 106B, 107, 107A). \n\n**Why it matters (official purpose and the testing of that claim)**\n\n- Official purpose stated by the Act: to regulate, control and register firearms (long title and statutory structure). Mechanically, the Act does this by licensing, registration, storage rules, criminal offences and administrative enforcement powers (Parts 3–7, 11). (Compare ss 9–14; 36–37; 46.)\n\n- Testing that stated purpose against trade-offs and incentives:\n  - Who pays: licence and permit applicants pay fees (s 6); firearms dealers, armourers and paintball operators bear security, record‑keeping and insurance costs (ss 16, 18, 30G). Administrative compliance (storage, reporting loss/theft, record retention) imposes ongoing costs on individuals and businesses (ss 18, 46, 90–92). These are direct, measurable burdens on regulated parties.\n  - Who decides: the Commissioner of Police holds broad decision-making power (grant/refusal, suspension, revocation) and discretion to act on criminal intelligence without being required to publish reasons (ss 5, 10(8A), 40A(2), 49G(2)). That centralisation concentrates decision power in the regulator and compresses routes for public challenge in certain cases (see s 93F limiting review of some Commissioner decisions). Implementation risk includes the quality and timeliness of criminal intelligence used and potential lack of transparency where reasons are withheld.\n  - Behaviour changes required: applicants must demonstrate genuine reasons and meet fit‑and‑proper, training and storage requirements (ss 11, 9(3), 13). Dealers must keep registers and report transactions quickly (s 18). Licence-holders face automatic suspension or revocation on domestic violence orders and some convictions (ss 39–40). PPOs create behavioural prohibitions on named persons (Part 8A). These rules change incentives: compliance, formal record-keeping and avoidance of certain social associations for regulated people.\n  - Effects on private enterprise and competition: businesses that trade in firearms or provide related services (dealers, armourers, paintball operators) remain lawful but face regulatory barriers to entry and ongoing compliance costs (ss 9(3A), 16–19, 30G). These requirements can raise the fixed costs of operating and favour established operators who can absorb compliance overheads, while also creating clear regulatory standards that courts or tribunals can enforce.\n  - Administrative discretion vs legal clarity: the Act combines detailed prescriptive rules (storage standards, permit procedures) with broad discretionary powers (public-interest refusals, criminal-intelligence based revocations, s 49F PPO grounds). That mix reduces predictability for applicants in some cases while allowing the Commissioner flexibility to act on operational safety concerns.\n  - Enforcement intensity and sanctions: the Act contains serious criminal penalties (including long imprisonment terms for trafficking and contravening PPOs — ss 63A, 49P–49Q) and regulatory penalties and infringement pathways (s 111(3)). The sanction structure aligns with a public-safety rationale but concentrates cost risk on individuals and small businesses that breach technical requirements.\n\n**Notable features and operational risks to watch**\n\n- Firearm prohibition orders (Part 8A) create preventive prohibitions and grant police warrantless search powers tied to PPO enforcement (ss 49U–49X). These provisions expand enforcement tools beyond traditional post-offence criminal processes and raise implementation questions about proportionality, record-keeping of intelligence, and tribunal review mechanisms (ss 49L–49N).\n- The Commissioner may act on criminal intelligence and is not required to provide reasons in certain revocations/refusals (ss 10(8A), 40A(2), 49G(2)). That reduces transparency and narrows review routes (s 93F). NTCAT review is available for many decisions, but the Act limits judicial review in some areas (s 93F).\n- Business-specific rules: paintball is regulated as an explicit commercial activity (licences, approvals, player declarations and insurance — ss 30D–30G, 60K). Dealers and armourers face mechanical record-keeping, reporting and security duties (ss 16–19, 22A).\n\n**Practical summary — who pays, who decides, what changes**\n\n- Who pays: the people and businesses who apply for licences or operate in the firearms market (fees under s 6; security and record-keeping costs under ss 17–19; insurance and reporting costs for paintball operators s 9(9)(c); potential fines and forfeitures under Part 11 and Part 8A).\n- Who decides: the Commissioner of Police (with some delegation to senior police officers) is the central decision-maker for licensing, registration, PPOs and many administrative matters (ss 5, 7, 10, 49E). NTCAT provides statutory review for many decisions (ss 49L, 50–51; Schedule 7 sets reviewable decisions).\n- What behaviour changes: prospective owners must satisfy training, storage and genuine‑reason tests (ss 9, 11, 13); dealers and businesses must maintain registers, make rapid reports of transactions and losses, and follow security measures (ss 18, 16, 17); persons subject to PPOs must surrender firearms and avoid prohibited premises and activities (Part 8A).\n\n(Section references in summary are to the Firearms Act 1997 as in force.)"},"kimi_summary":{"_metrics":{"completionTokens":898},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1997 scope. Major additions include: Part 8A Firearm Prohibition Orders (2019) creating a new civil/criminal hybrid regime for high-risk individuals; extensive paintball regulation (2007, 2023); category H sports shooter specific restrictions (2003); firearms employee licences (2023); ammunition retail permits; and enhanced director/executive officer liability provisions (2015). The original Act was primarily about licensing and registration — it now includes sophisticated risk-based prohibition orders, business regulation, and corporate accountability mechanisms."},"complexity_factors":["Multiple overlapping licence categories (15+ distinct licence types) with different conditions and durations","Extensive cross-referencing between Parts — for example, permit rules in Part 4 reference licence restrictions in Part 3, which reference interpretation definitions in Part 1","Nested exceptions and exemptions throughout (sections 4, 58, 59, 69, 77, 78, 79, 80, 82, 83)","Conditional logic based on time periods (28-day waiting periods, 5-year and 10-year disqualification periods, 6-month and 12-month participation requirements)","Multiple definitions sections with 50+ defined terms, some with their own sub-definitions (e.g. 'close associate', 'firearm part', 'prohibited premises')","Criminal intelligence provisions that allow decisions without disclosed reasons (sections 10(8A), 33(3A), 40A)","Complex transitional provisions in Part 13 dealing with multiple amending Acts and tribunal jurisdiction changes","Schedules 1-7 containing prohibited firearms lists, category classifications, and reviewable decisions that are integral to operation"],"plain_english_summary":"This is the **Northern Territory's main law controlling firearms**. It sets up a comprehensive licensing and registration system that applies to almost everyone who wants to own, use, sell, repair, or collect guns in the NT.\n\n**What it does:**\n- **Prohibits unlicensed possession** — you generally cannot have or use a firearm without a licence or permit (section 58)\n- **Creates multiple licence types** for different purposes: shooter's licences, dealer licences, armourer (repairer) licences, collector licences, corporate licences, paintball operator licences, and more\n- **Requires registration** of all firearms with the Police Commissioner, who maintains a central register\n- **Categorises firearms** into categories A, B, C, D, and H (handguns), plus prohibited firearms — each category has different rules and restrictions\n- **Sets strict conditions** on who can get a licence, including: being a \"fit and proper person\", completing safety training, having a \"genuine reason\" (like sport shooting, hunting, or primary production), and meeting storage requirements\n- **Bans certain people** from holding licences — including those with domestic violence orders, certain criminal convictions, or who are deemed risks to public safety based on \"criminal intelligence\"\n- **Includes special rules for handguns (category H)** — sports shooters need club membership, character references, and must participate regularly; there are limits on how many handguns you can own\n- **Regulates paintball** as a controlled activity requiring specific licences and approved ranges\n- **Creates \"firearm prohibition orders\"** — special orders that can ban high-risk individuals from acquiring, possessing, or even being near firearms for up to 10 years, with police search powers\n- **Sets serious criminal penalties** for offences, including up to 20 years imprisonment for trafficking in prohibited firearms\n\n**Who it affects:**\n- Anyone wanting to own or use a firearm in the NT\n- Firearms dealers, armourers, and collectors\n- Paintball businesses and players\n- Shooting clubs and ranges\n- People subject to domestic violence orders or with certain criminal histories (who may be automatically disqualified)\n\n**Why it matters:**\nThis Act is the NT's primary tool for preventing gun violence and ensuring firearms are only held by responsible, law-abiding people. It balances legitimate uses (sport, hunting, primary production) with public safety through strict controls, background checks, and the ability to remove firearms from high-risk individuals quickly."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/firearms-act-1997","history":"/api/acts/firearms-act-1997/history","analysis":"/api/acts/firearms-act-1997/analysis","conflicts":"/api/acts/firearms-act-1997/conflicts","importantCases":"/api/acts/firearms-act-1997/important-cases","documents":"/api/acts/firearms-act-1997/documents"}}