{"id":"firearms-act-2015","name":"Firearms Act 2015","slug":"firearms-act-2015","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32077,"registerId":"sa-firearms-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Firearms Act 2015.\n3—Principles and objects of Act\n\t(1)\tThe underlying principles of this Act are—\n\t(a)\tto confirm firearm possession and use as a privilege that is conditional on the overriding need to ensure public safety; and\n\t(b)\tto improve public safety—\n\t(i)\tby imposing strict controls on the possession, use, acquisition, supply and manufacture of firearms; and\n\t(ii)\tby promoting the safe and responsible storage, transport and use (whether for recreational or other purposes) of firearms; and\n\t(c)\tto facilitate a nationally consistent approach to the control of firearms.\n\t(2)\tThe objects of this Act are as follows:\n\t(a)\tto ensure that the possession and use of automatic and self-loading firearms is permitted only in strictly limited circumstances;\n\t(b)\tto establish an integrated licensing and registration scheme for all firearms;\n\t(c)\tto require each person who possesses or acquires a firearm or ammunition under the authority of a licence or permit to have established a genuine reason to possess or acquire the firearm or ammunition;\n\t(d)\tto provide strict requirements that must be satisfied in relation to firearms and transactions and activities involving firearms, including requirements to ensure the safe and secure storage and transport of firearms;\n\t(e)\tto reduce the number of firearms that are in unlawful possession in the community through a general amnesty;\n\t(f)\tto prevent or restrict persons and organisations from accessing, possessing or using firearms for criminal purposes;\n\t(g)\tto minimise the risk of persons becoming victims of crimes involving the use or threatened use of firearms;\n\t(h)\tto minimise the risk of persons causing injury or harm (including psychological harm) to themselves or others by the use or threatened use of firearms.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited paint-ball employee means a person accredited in accordance with the regulations to possess or use a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds as an employee of the operator;\nacquire means acquire through purchase, gift, loan or hire;\nair gun—see section 5;\nammunition means ammunition suitable for use in a firearm, and includes—\n\t(a)\tan article consisting of a cartridge case fitted with a live primer and a projectile; and\n\t(b)\tan article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile; and\n\t(c)\tlive primers, propellants and blank cartridges; and\n\t(d)\tan article of a kind declared by the regulations to be ammunition,\nbut does not include—\n\t(e)\tinert blank cartridges; or\n\t(f)\tinert drill rounds; or\n\t(g)\tsnap caps or other item designed to fit in the breech or chamber for the purpose of preventing damage to the firing pin; or\n\t(h)\tpaint-balls; or\n\t(i)\tan article of a kind declared by the regulations not to be ammunition;\nantique firearm—see section 5;\narms fair means an event involving the temporary display of firearms, firearms parts or ammunition for the purposes of sale or exhibition and to which the general public has access;\nAustralian citizen means an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;\nautomatic firearm—see section 5;\ncartridge case means a container made of brass, plastic or other material that is designed to contain propellant, house a primer at the rear, hold 1 or more projectiles at the front and function as a gas seal during firing;\ncategory A, category B, category C, category D, category H firearms—see section 5;\ncode of practice means a code of practice for the security, storage or transport of firearms and ammunition under Part 6;\ncollectors' club means a recognised firearms club that—\n\t(a)\tis established to foster the interests of persons who collect, or collect and display, firearms; and\n\t(b)\tdoes not include as part of its regular activities the shooting of firearms;\ncommercial range operator means a person who carries on the business of providing—\n\t(a)\ta shooting range (not being a shooting gallery) for use by members of the public; and\n\t(b)\tfirearms for use by members of the public at the range;\ncompany includes a body corporate;\ncompany's principal nominee—see section 16;\ncompany's secondary nominee—see section 16;\ncontravention includes failure to comply;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in South Australia or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ncriminal organisation has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;\ndealer means a person—\n\t(a)\twho carries on the business of purchasing, selling or hiring out firearms, firearm parts or ammunition; or\n\t(b)\twho carries on the business of a pawnbroker or auctioneer and handles firearms, firearm parts or ammunition in the course of that business; or\n\t(c)\twho carries on the business of repairing, modifying or testing firearms or firearm parts; or\n\t(d)\twho carries on the business of holding or storing firearms or firearm parts for the purpose of repair, safekeeping or disposal;\ndirector of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nfirearm means—\n\t(a)\ta device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or\n\t(b)\ta device of a kind declared by the regulations to be a firearm,\nand includes a receiver of a firearm and any device or devices which (whether or not rendered temporarily or permanently unusable) would, if in working order, or if assembled and in working order, be a firearm within the meaning of this definition but does not include—\n\t(c)\tan antique firearm; or\n\t(d)\ta device of a kind declared by the regulations not to be a firearm;\nfirearm part means a barrel, firing mechanism, magazine, cylinder, hammer, bolt, breech block or slide designed as, or reasonably capable of forming, part of a firearm;\nfirearm refurbishment permit means a permit issued under the regulations authorising a person who carries on the business of refurbishing firearms to possess firearms for the purpose of that business;\nfirearms club means a club for the benefit of enthusiasts who are interested in firearms generally or in a particular category of firearm;\nfirearms licence means a firearms licence in force under Part 2;\nfirearms prohibition order means an order in force under Part 8 (including an interim firearms prohibition order);\nfiring mechanism of a firearm means the mechanism of the firearm that is designed for the purpose of firing the firearm and includes a trigger mechanism or firing pin;\nfit and proper person—see section 7;\nforeign firearms dealer means a person who is authorised, under legislation of a jurisdiction outside this State, to carry on the business of a dealer by an instrument that is, in the opinion of the Registrar, equivalent to a licence authorising a person to carry on the business of a dealer under this Act;\nforeign firearms dealer permit means a permit issued under the regulations authorising the display, purchase, sale or use of firearms, firearm parts or ammunition by a foreign firearms dealer at an arms fair;\nforeign restraining order means a foreign intervention order within the meaning of the Intervention Orders (Prevention of Abuse) Act 2009 or a foreign restraining order within the meaning of the Summary Procedure Act 1921;\nforeign theatrical armourer means a person whose usual place of residence is in another jurisdiction who is authorised to possess or use a firearm for the purpose of film, television or theatre production under the law of his or her usual place of residence;\nforeign theatrical armourer permit means a permit issued under the regulations authorising a foreign theatrical armourer to possess or use a firearm for the purpose of film, television or theatre production in South Australia;\ngift includes the transfer of ownership of a firearm to a beneficiary of a deceased estate in the distribution of the estate;\ngrounds of a recognised firearms club means grounds provided or arranged to be provided by or on behalf of a recognised firearms club for use by members of the club;\ngrounds of a recognised paint‑ball operator means grounds provided or arranged to be provided by or on behalf of a recognised paint‑ball operator for use by participants in an organised activity involving the use of paint‑ball firearms;\nhandgun—see section 5;\nidentifying mark of a firearm—see section 29;\ninterim firearms prohibition order—see section 43;\ninternational visitor firearms permit means a permit issued under the regulations to authorise a person who is visiting, or who intends visiting, Australia—\n\t(a)\tto possess and use a firearm for the purpose of competitive shooting or hunting; or\n\t(b)\tto possess and use a firearm for the purpose of providing personal security services for a foreign dignitary or official; or\n\t(c)\tto possess and use a firearm for a purpose prescribed by the regulations;\nlicence means a firearms licence;\nlicensed dealer means the holder of a licence authorising the person to carry on the business of a dealer under this Act, or the holder of a licence under corresponding legislation of another State or Territory of the Commonwealth to carry on the business of a dealer;\nlicensee means the holder of a firearms licence;\nloading mechanism of a firearm means all the parts of the firearm (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the firearm (if any);\nloan, in relation to a firearm, includes any grant of the use of the firearm to a person on the understanding that it will be returned (other than under a hire agreement);\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmember, of a criminal organisation, includes an associate member or prospective member, however described;\nowner of a firearm includes a person who has possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent;\npaint-ball means a projectile primarily containing dye, paint or other marking substance designed to mark a person or object;\npaint-ball firearm—see section 5;\npaint‑ball operator means a person who carries on the business of providing or arranging for the provision of grounds for use by participants in an organised activity involving the use of paint‑ball firearms (but not involving the use of any other firearms);\nparticipant, in a criminal organisation, has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;\npermanent resident means a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;\npossession—see section 6;\nprescribed firearm—see section 5;\nprohibited firearm accessory means an item, or an item of a class, prescribed by the regulations that may be fitted to or used in conjunction with a firearm;\npsychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\npublic safety notice—see section 60;\npump action shotgun—see section 5;\npurchase includes acquire by barter or exchange;\nreceiver of a firearm means the body or frame of the firearm that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the firearm;\nrecognised coach means a person recognised by a shooting club as being a fit and proper person to instruct others in the skills of using firearms;\nrecognised commercial range operator means a commercial range operator declared to be a recognised commercial range operator under the regulations;\nrecognised firearms club means a firearms club declared to be a recognised firearms club under the regulations;\nrecognised paint‑ball operator means a paint‑ball operator declared to be a recognised paint‑ball operator under the regulations;\nrefurbishing a firearm means bluing or chroming the firearm, or undertaking other processes in relation to the firearm, to enhance its appearance or structural integrity, but does not include repairing the firearm;\nregistered means registered under this Act;\nRegistrar—see Part 10;\nrelative of a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;\nrepealed Act means the Firearms Act 1977 repealed by this Act;\nrestricted firearm mechanism means a mechanism or other fitting—\n\t(a)\tthat can be fitted to a firearm to convert it to an automatic firearm; or\n\t(b)\tthat, when fitted to a suitable firearm, will enable the firearm to fire grenades or other explosive projectiles;\nround means an unfired complete live cartridge;\nsale includes the disposal of a firearm by barter or exchange;\nself-loading firearm—see section 5;\nshooting club means a recognised firearms club that includes amongst its regular activities the shooting of firearms;\nshooting gallery means an indoor or outdoor gallery at which members of the public can use shooting gallery firearms that are attached to a shooting bench to shoot at stationary or moving targets;\nshooting gallery firearm means—\n\t(a)\ta .177 calibre air gun; or\n\t(b)\ta handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant; or\n\t(c)\ta firearm of a prescribed kind;\nsound moderator means a device designed or adapted to be attached to, or comprising part of, a firearm to muffle the report when the firearm is fired and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator;\nspouse—a person is the spouse of another if they are legally married;\nsupply means supply through sale, gift, loan or hire;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of this Act, the capacity of a magazine that has been modified to reduce its capacity will only be regarded as having the reduced capacity, instead of its capacity as manufactured, if it has been modified in a manner approved by the Registrar.\n5—Categories and types of firearms\n\t(1)\tFirearms are divided into the following categories for the purposes of this Act:\n\t(a)\tcategory A firearms consisting of the following:\n\t(i)\tair guns;\n\t(ii)\tpaint‑ball firearms;\n\t(iii)\trim fire rifles (not being self‑loading rifles);\n\t(iv)\tshotguns (not being self‑loading, pump action or lever action shotguns);\n\t(v)\tbreak action combination shotguns and rim fire rifles;\n\t(b)\tcategory B firearms consisting of the following:\n\t(i)\tmuzzle loading firearms (not being handguns);\n\t(ii)\trevolving chamber rifles;\n\t(iii)\tcentre fire rifles (not being self‑loading centre fire rifles);\n\t(iv)\tmultiple barrel centre fire rifles that are not designed to hold additional rounds in a magazine;\n\t(v)\tbreak action combination shotguns and rifles (not being break action combination shotguns and rim fire rifles);\n\t(va)\tlever action shotguns having a magazine capacity of 5 rounds or less;\n\t(vi)\tall other firearms (not being prescribed firearms, handguns, self‑loading firearms, pump action shotguns or lever action shotguns having a magazine capacity of more than 5 rounds) that are not category A firearms;\n\t(c)\tcategory C firearms consisting of the following:\n\t(i)\tself‑loading rim fire rifles having a magazine capacity of 10 rounds or less;\n\t(ii)\tself‑loading shotguns having a magazine capacity of 5 rounds or less;\n\t(iii)\tpump action shotguns having a magazine capacity of 5 rounds or less;\n\t(d)\tcategory D firearms consisting of the following:\n\t(i)\tself‑loading rim fire rifles having a magazine capacity of more than 10 rounds;\n\t(ii)\tself‑loading centre fire rifles;\n\t(iii)\tself‑loading shotguns having a magazine capacity of more than 5 rounds;\n\t(iv)\tpump action shotguns having a magazine capacity of more than 5 rounds;\n\t(v)\tlever action shotguns having a magazine capacity of more than 5 rounds;\n\t(e)\tcategory H firearms consisting of handguns (not being prescribed firearms);\n\t(f)\tprescribed firearms consisting of the following:\n\t(i)\tautomatic firearms;\n\t(ii)\tmortars, bazookas, rocket propelled grenades and similar military firearms designed to fire explosive projectiles;\n\t(iii)\tfirearms designed to fire projectiles containing tear gas or any other lachrymatory substance or any nauseating substance or poison (but not firearms designed to tranquillise, immobilise or administer vaccines or other medicines to animals);\n\t(iv)\tfirearms designed to have the appearance of other objects;\n\t(v)\tfirearms of a kind declared by the regulations to be prescribed firearms.\n\t(2)\tIn this Act—\nair gun means a firearm (other than a handgun) designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant;\nantique firearm means a firearm that—\n\t(a)\twas manufactured before 1900; and\n\t(b)\tis kept solely for curiosity, display, ornamental or investment purposes; and\n\t(c)\tis not used to fire projectiles; and\n\t(d)\t—\n\t(i)\tin the case of a firearm other than a category H firearm—\n\t(A)\tis designed to fire breech loading cartridges and is a firearm the ammunition for which is not ordinarily available for purchase by retail in Australia; or\n\t(B)\tis not designed to fire breech loading cartridges; or\n\t(ii)\tin the case of a category H firearm—is a handgun designed or altered to fire by means of a flintlock, matchlock, wheel‑lock or other system used prior to the use of percussion caps as a means of ignition;\nautomatic firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds automatically while the trigger is held in that position;\nhandgun means a firearm with a barrel length of less than 400 millimetres that is designed or adapted for aiming and firing from the hand and is reasonably capable of being carried concealed about the person;\npaint‑ball firearm means an air gun designed to fire paint-balls;\npump action shotgun means a shotgun that is reloaded manually by moving the forward hand grip which is part of the loading mechanism of the gun backwards and then forwards;\nself‑loading firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds by releasing the trigger and returning it to the firing position to fire each additional round, but does not include a shotgun that is a category A or B firearm that is not designed to hold additional rounds in a magazine.\n\t(3)\tFor the purposes of this Act, a reference to a firearm of a particular category or kind includes—\n\t(a)\ta reference to a receiver of a firearm of that particular category or kind; and\n\t(b)\ta reference to a device that would, if in working order, or if assembled and in working order, be a firearm of that category or kind.\n\t(4)\tThe regulations may amend the categories of firearms or definitions prescribed by this section, including by adding a new category or definition.\n6—Possession of firearms etc\n\t(1)\tThis section applies to the following items:\n\t(a)\ta firearm;\n\t(b)\ta firearm part;\n\t(c)\ta prohibited firearm accessory;\n\t(d)\ta sound moderator;\n\t(e)\ta restricted firearm mechanism;\n\t(f)\tammunition.\n\t(2)\tFor the purposes of this Act (other than section 25), a person has possession of an item to which this section applies if—\n\t(a)\tthe person has physical possession or control of the item or has the item in the physical possession or control of another; or\n\t(b)\tthe person has and exercises access to the item; or\n\t(c)\tthe person controls access to the item; or\n\t(d)\tthe person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the item is found.\n\t(3)\tHowever, subsection (2)(d) does not apply if the person proves that—\n\t(a)\the or she did not know, and could not reasonably be expected to have known, that the item was on or in the premises, vehicle, vessel or aircraft; or\n\t(b)\tthe item was in the lawful possession of another or he or she believed on reasonable grounds that the item was in the lawful possession of another.\n\t(4)\tFor the purposes of this Act, if 2 or more persons who occupy or are present on or in the same premises, vehicle, vessel or aircraft, or are in each other's company, have different firearm parts in their physical possession or control which would constitute a firearm if assembled and in working order, each of the persons will be taken to possess the firearm.\n7—Fit and proper person\n\t(1)\tA person is not a fit and proper person for a purpose under this Act if—\n\t(a)\tthe person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth; or\n\t(b)\ta firearms prohibition order applies to the person or a similar order under corresponding legislation of another State or Territory of the Commonwealth applies to the person.\n\t(2)\tA person who has a physical or mental illness, condition or disorder, or in relation to whom other circumstances exist, that would make it unsafe for him or her to possess a firearm or ammunition is not a fit and proper person for a purpose under this Act.\n\t(3)\tA person may be taken not to be a fit and proper person for a purpose under this Act if the person—\n\t(a)\thas not complied with the requirements of this Act in relation to the safe handling, use, storage or transport of firearms; or\n\t(b)\thas been found guilty of an offence under this Act, the repealed Act or corresponding legislation of another State or Territory of the Commonwealth; or\n\t(c)\thas been found guilty of an offence involving actual or threatened violence in South Australia or any other State or Territory of the Commonwealth or in any other part of the world; or\n\t(d)\thas been found guilty of an offence as prescribed by the regulations; or\n\t(e)\thas been found guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation of another State or Territory of the Commonwealth; or\n\t(f)\tis the subject, or has in the past been the subject, of—\n\t(i)\tan intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or\n\t(ii)\ta foreign restraining order; or\n\t(g)\thas failed to comply with a requirement made under section 53.\n\t(4)\tIn deciding whether a person is a fit and proper person for a purpose under this Act—\n\t(a)\tregard may be had to the reputation, honesty and integrity of the person, close associates of the person and any people with whom the person associates; and\n\t(b)\tregard must be had to—\n\t(i)\tany risk of the person using a firearm for an unlawful purpose; or\n\t(ii)\tany risk of the person using a firearm to harm himself or herself; or\n\t(iii)\tany risk that the person will cause injury or harm to another by the use or threatened use of a firearm; or\n\t(iv)\tany risk of the person failing to exercise continuous and responsible control over a firearm,\nand, in that connection, regard may be had to the person's past behaviour, instability, intemperate habits, way of living or domestic circumstances.\n\t(5)\tA person may be taken not to be a fit and proper person for a purpose under this Act if the person has made a threat of violence, or stated the intention, or sought, to acquire or use a prescribed firearm or any firearm for an unauthorised purpose.\n\t(6)\tFor the purposes of this Act, persons are close associates if—\n\t(a)\t1 is a relative of the other; or\n\t(b)\tthey are in partnership; or\n\t(c)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(d)\t1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or\n\t(e)\t1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or\n\t(f)\t1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or\n\t(g)\t1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or\n\t(h)\t1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.\n\t(7)\tThis section does not limit the grounds on which a person may be taken not to be a fit and proper person for a purpose under this Act.\n8—Application of Act\n\t(1)\tThis Act (other than section 51) does not apply to the Crown in right of this State or to the Crown in any other capacity.\n\t(2)\tSubject to subsection (3), this Act does not apply to—\n\t(a)\t(international visitor firearms permits) the possession or use of a firearm by a person who holds an international visitor firearms permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or\n\t(b)\t(foreign theatrical armourer permits) the possession or use of a firearm by a person who holds a foreign theatrical armourer permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or\n\t(c)\t(foreign firearms dealer permits) the possession or use of a firearm, a firearm part or ammunition by a person who holds a foreign firearms dealer permit, provided that the person's possession or use of the firearm, firearm part or ammunition is authorised by the permit and the person acts in accordance with the conditions of the permit; or\n\t(d)\t(firearm refurbishment permits) the possession of a firearm by a person who holds a firearm refurbishment permit, provided that the person's possession of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or\n\t(e)\t(shooters at commercial ranges or shooting galleries) a person's possession or use of a category A, B or H firearm on the range of a recognised commercial range operator, or of a shooting gallery firearm at a shooting gallery, in the ordinary course of the operation of the range or gallery, provided that the operator of the range or gallery holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the range or at the gallery is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or\n\t(f)\t(adult shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 18 years of age or more on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that the person's possession or use of the firearm on the grounds is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or\n\t(g)\t(junior shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 10 years of age or more but under the age of 18 years on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that—\n\t(i)\tthe person is a member of a shooting club; and\n\t(ii)\tthe person is (with the consent of his or her parent or guardian) with, and is under the continuous supervision of, a recognised coach who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or\n\t(h)\t(accredited paint‑ball employee) a person's possession or use of a paint‑ball firearm as an employee of a recognised paint‑ball operator on the grounds of the paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the person is an accredited paint‑ball employee; or\n\t(i)\t(paint‑ball shooters) the possession or use of a paint‑ball firearm by a person 10 years of age or more on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the grounds is under the supervision of—\n\t(i)\tthe operator; or\n\t(ii)\ta person who is engaged as an employee in the business of the operator; or\n\t(j)\t(transport and storage businesses) a person's possession of a firearm (other than a prescribed firearm), in the ordinary course of the business of transporting or storing goods (other than as a dealer), except that the person carrying on the business must comply with the requirements of this Act relating to the transport or storage of firearms, firearm parts or ammunition; or\n\t(k)\t(executors, administrators etc) a person's possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent, provided that the person—\n\t(i)\tprovides the Registrar, not more than 28 days after coming into possession of the firearm, with written notice in a form approved by the Registrar giving details of the firearm and the circumstances in which the firearm has come into the person's possession; and\n\t(ii)\tensures that the transport or storage of the firearm is in compliance with the requirements of this Act relating to the transport or storage of firearms; and\n\t(iii)\tdisposes of the firearm, as soon as practicable but in any event within 28 days of the person coming into its possession, to a person authorised under this Act to have possession of it or by surrendering it to the Registrar; or\n\t(l)\t(inspecting dealer's stock) a person's handling of a firearm—\n\t(i)\tat the premises of a licensed dealer; or\n\t(ii)\tin the presence of a licensed dealer or a person who holds a foreign firearms dealer permit at an arms fair,\nfor the purpose of inspecting the firearm; or\n\t(m)\t(testing dealer's stock) a person's possession or use of a firearm that the person is considering acquiring from a licensed dealer or a person who holds a foreign firearms dealer permit, for the purpose of testing the firearm, provided that—\n\t(i)\tthe possession and use occurs in the presence, and under the supervision, of the licensed dealer or person holding the foreign firearms dealer permit; and\n\t(ii)\tthe person holds a firearms licence authorising possession of the category of firearm; and\n\t(iii)\tthe possession and use occurs—\n\t(A)\tat a place approved by the Registrar for the purposes of this paragraph; or\n\t(B)\tin the case of a category A, B or H firearm—on the range of a recognised commercial range operator if the use of the category of firearm is permitted by, and is in accordance with, the rules of the recognised commercial range operator and the conditions of the approval of the range of the commercial range operator; or\n\t(C)\tin the case of a category A, B, C or H firearm—on the grounds of a shooting club if the use of the category of firearm is permitted by, and is in accordance with, the rules of the club and the conditions of the approval of the grounds of the club; or\n\t(n)\t(handling in presence of owner) a person's handling of a firearm in the presence, and with the consent, of another who holds a firearms licence authorising possession of the firearm and is the registered owner of the firearm or an employee or agent of the registered owner of the firearm; or\n\t(o)\t(safety training) a person's possession or use of a firearm for the purpose of training or an examination in the safe handling, use, storage and transport of firearms if the person is with, and is under the continuous supervision of, a person authorised by the Registrar to conduct the training or examination; or\n\t(p)\t(supervised use) the possession or use of a category A, B or H firearm by a person 18 years of age or more (other than as an employee of a licensed dealer) if the person is with, and is under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or\n\t(q)\t(supervised use by 14 to 18 year‑olds) the possession or use of a category A, B or H firearm by a person 14 years of age or more but under the age of 18 years if—\n\t(i)\tthe person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and\n\t(ii)\tthe person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or\n\t(r)\t(supervised use by 10 to 14 year‑olds) the possession or use of a category A firearm or an air handgun by a person 10 years of age or more but under the age of 14 years if—\n\t(i)\tthe person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and\n\t(ii)\tthe person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or\n\t(s)\t(possession on behalf of Crown) the possession of a firearm by a person on behalf of the Crown.\n\t(3)\tA person is not excluded from the application of this Act under subsection (2) if the person—\n\t(a)\tis suspended from holding a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth; or\n\t(b)\thas been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; or\n\t(c)\tis prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or\n\t(d)\thandles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm.\n\t(4)\tIf this Act does not apply to the possession or handling of a firearm by a person in circumstances referred to in subsection (2), this Act does not apply to the acquisition of the firearm by the person in those circumstances.\n\t(5)\tThe regulations may exempt, or empower the Registrar to exempt, classes of persons or firearms from the application of this Act or provisions of this Act, absolutely or subject to conditions.\n\t(6)\tThe Registrar may exempt a specified person, absolutely or subject to conditions, from specified provisions of this Act and may vary or revoke an exemption by written notice served personally or by registered post on the holder of the exemption.\nair handgun means a handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Possession and use of firearms and firearms dealers","content":"Part 2—Possession and use of firearms and firearms dealers\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Requirement for licence","content":"Division 1—Requirement for licence\n9—Possession and use of firearms\n\t(1)\tA person who has possession of a firearm without holding a firearms licence authorising possession of the firearm is guilty of an offence.\n\t(2)\tA person who has possession of or uses a firearm for a purpose that is not authorised by a firearms licence held by the person is guilty of an offence.\n\t(3)\tIf, in proceedings for an offence under subsection (2), the evidence gives rise to a reasonable inference that the purpose for which the defendant had possession of or used the firearm was not authorised by the licence, the onus shifts to the defendant to establish that the purpose for which he or she had possession of or used the firearm was authorised by the licence.\n\t(4)\tSubject to this section, the maximum penalty for an offence under this section is as follows:\n\t(a)\tif the firearm is a prescribed firearm—$50 000 or imprisonment for 10 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$35 000 or imprisonment for 7 years;\n\t(c)\tif the firearm is any other category of firearm—$20 000 or imprisonment for 4 years.\n\t(5)\tThe maximum penalty for an aggravated offence is as follows:\n\t(a)\tif the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(c)\tif the firearm is any other category of firearm—$35 000 or imprisonment for 7 years.\n\t(6)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(7)\tAn offence under this section is an aggravated offence if it has been proved that—\n\t(a)\tthe firearm to which the offence relates was—\n\t(i)\tloaded (irrespective of whether the offender knew that it was loaded); or\n\t(ii)\tin the immediate vicinity of ammunition suitable for use in the firearm; or\n\t(b)\tthe offender had the firearm concealed about his or her person; or\n\t(c)\tthe offender committed the offence in connection with, or at the same time as, an act or omission that would, if proved, constitute a prescribed offence against the Controlled Substances Act 1984.\n\t(8)\tFor the purposes of this section—\n\t(a)\ta person who has possession of a self‑loading rim fire rifle that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the rifle will be taken to have possession of a category C firearm; and\n\t(b)\ta person who has possession of a self‑loading rim fire rifle and also has possession of a magazine with a capacity of more than 10 rounds that can be fitted to the rifle will be taken to have possession of a category D firearm even though the magazine is not fitted to the rifle; and\n\t(c)\ta person who has possession of a self‑loading or pump action shotgun that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the shotgun will be taken to have possession of a category C firearm; and\n\t(d)\ta person who has possession of a self‑loading or pump action shotgun and also has possession of a magazine with a capacity of more than 5 rounds that can be fitted to the shotgun will be taken to have possession of a category D firearm even though the magazine is not fitted to the shotgun; and\n\t(e)\ta firearm will be taken to be loaded if a round is in the breech, barrel or chamber of the firearm or in a magazine comprising part of or attached to the firearm.\n10—Dealers\n\t(1)\tA person who carries on the business of a dealer in South Australia without holding a firearms licence authorising the person to carry on that business is guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 7 years.\n\t(2)\tFor the purposes of this section, a person who purchases or sells more than 20 firearms or more than 20 firearm parts in any 12 month period will be taken to be carrying on the business of a dealer in respect of the firearms or firearm parts purchased or sold in excess of 20 in that period unless it is proved that the person was not carrying on such a business.\n\t(3)\tSubsection (2) does not apply if all the firearms purchased or sold in a 12 month period were the subject of 1 or more transactions entered into on the same day at an auction.\n\t(4)\tFor the purposes of this section, a person who purchases or sells more than 50 000 rounds of ammunition in any 12 month period will be taken to be carrying on the business of a dealer in respect of the ammunition purchased or sold in excess of 50 000 rounds in that period unless it is proved that the person was not carrying on such a business.\n\t(5)\tSubsection (4) does not apply—\n\t(a)\tin relation to a recognised firearms club; or\n\t(b)\tif all the ammunition purchased or sold in a 12 month period was the subject of 1 or more transactions entered into on the same day at an auction.\n11—Employment of persons by licensed dealers\n\t(1)\tIf a licensed dealer employs a disqualified person in the business of the dealer, the dealer and the disqualified person are each guilty of an offence.\nMaximum penalty: $35 000 or imprisonment for 7 years.\n\t(2)\tIt is a defence to a charge against a licensed dealer for an offence under subsection (1) to prove that the dealer did not know, and could not reasonably be expected to have known, that the person employed in the business of the dealer was in fact a disqualified person.\n\t(3)\tIt is a defence to a charge against a person employed in the business of a dealer for an offence under subsection (1) to prove that the person did not know, and could not reasonably be expected to have known, that he or she was disqualified from being employed in the business.\n\t(4)\tIf a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to firearms, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person—\n\t(a)\tto carry on the business of a dealer; or\n\t(b)\tto possess and use firearms as an employee of a licensed dealer.\n\t(5)\tIf a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to ammunition, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person to possess and use firearms, or to possess ammunition, as an employee of a licensed dealer.\n\t(6)\tSubsection (4) does not apply to the employment by a licensed dealer of the holder of a firearm refurbishment permit for the purposes of undertaking processes authorised by the permit in the ordinary course of the dealer's business under the licence.\ndisqualified person—a person is a disqualified person for the purposes of this section if—\n\t(a)\ta firearms licence held by the person (whether under this Act or the repealed Act) has, within the preceding 5 years, been cancelled; or\n\t(b)\tan application for a licence or permit made by the person under this Act or the repealed Act within the preceding 5 years was refused on the ground—\n\t(i)\tthat the applicant was not a fit and proper person to hold the licence or permit; or\n\t(ii)\tthat to grant the licence or permit would be contrary to the public interest; or\n\t(c)\tthe person has, within the preceding 5 years, been found guilty of—\n\t(i)\tan indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or\n\t(ii)\tan offence under this Act or the repealed Act; or\n\t(iii)\tan offence as prescribed by the regulations; or\n\t(d)\tthe person is the subject of—\n\t(i)\ta firearms prohibition order; or\n\t(ii)\tan intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or\n\t(iii)\ta foreign restraining order; or\n\t(iv)\ta control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(e)\tthe person is a member of, or a participant in, a criminal organisation;\nemploy a person includes engage the person as an agent.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Categories of licence and authorised purposes","content":"Division 2—Categories of licence and authorised purposes\n12—Licence categories and authorised purposes\n\t(1)\tA firearms licence may authorise the licensee to—\n\t(a)\tpossess a particular firearm, or firearms of a particular category, for a purpose authorised under the licence; or\n\t(b)\tpossess firearms of a particular category, firearm parts or ammunition for the purpose of carrying on the business of a dealer or as an employee of a dealer; or\n\t(c)\tmanufacture firearms or firearm parts.\n\t(2)\tFor the purposes of this Act, the regulations—\n\t(a)\tmay set out the categories of firearms licence that may be granted under the Act; and\n\t(b)\tmay prescribe the category or categories of firearms the possession or use of which may be authorised in respect of each category of licence; and\n\t(c)\tmay—\n\t(i)\tprescribe the purpose for which possession or use of a firearm may be authorised in respect of each category of licence; or\n\t(ii)\tauthorise the Registrar to determine the purpose for which possession or use of a firearm may be authorised in respect of a particular category of licence.\n\t(3)\tNothing prevents a person from holding more than 1 category of firearms licence.\n\t(4)\tNothing prevents a firearms licence from being constituted of more than 1 category of licence, provided that a firearms licence authorising the purpose of collecting, or collecting and displaying, firearms does not authorise any other purpose.\n\t(5)\tA firearms licence may—\n\t(a)\tindicate the purpose for which a firearm may be possessed under the licence by specifying on the licence document the particular purpose of the licence (for example, by specifying \"Category 1\"); and\n\t(b)\tindicate the firearms that may be possessed under the licence by specifying on the licence document the particular category of firearms (for example, by specifying \"Category A\").\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"General provisions relating to licences","content":"Division 3—General provisions relating to licences\n13—Division applies to initial grant and renewal\nThe provisions of this Division apply in relation to both the initial grant of a licence and the renewal of a licence.\n14—Applications for licences\n\t(1)\tAn application for a firearms licence—\n\t(2)\tThe Registrar may require an applicant to furnish any information the Registrar requires to determine the application.\n\t(3)\tSubject to this Act and any exception allowed under the regulations, an application for a firearms licence cannot be made by a natural person under the age of 18 years.\n\t(4)\tSubject to any exception allowed under the regulations, if a person's firearms licence has been cancelled by the Registrar under section 20(6) or (7), an application for a firearms licence cannot be made by the person before the expiration of 3 years after the day on which the cancellation takes effect.\n15—Grant of licences\n\t(1)\tThe Registrar may only refuse an application for a firearms licence if the Registrar is not satisfied—\n\t(a)\tthat the applicant has made the application in accordance with this Act and met the requirements of the Registrar in connection with the application; or\n\t(b)\tthat the applicant is a fit and proper person to hold the licence; or\n\t(c)\tthat the applicant has a genuine reason to possess a firearm to which the application relates; or\n\t(d)\tthat the applicant could use a firearm to which the application relates for the purpose that would be authorised by the licence; or\n\t(e)\tthat the applicant has, in respect of any licence held by the applicant (whether under this Act or the repealed Act), complied with or satisfied the requirements of this Act or the repealed Act (as the case requires) or the conditions of the licence; or\n\t(f)\tthat the applicant will comply with or satisfy the requirements of this Act or the conditions of the licence; or\n\t(g)\tin the case of an application to be a licensed dealer—\n\t(i)\tthat the applicant is to be primarily responsible for the management of the business that would be carried on under the licence; or\n\t(ii)\tthat the applicant has, or in the case of an applicant that is a company, the director or directors together have, sufficient business knowledge and experience and financial resources for the purpose of properly conducting the business that would be carried on under the licence; or\n\t(iii)\tthat the premises at which the applicant proposes carrying on the business are appropriate for the purpose; or\n\t(h)\tin the case of an application for a licence authorising the holder to possess and use firearms as an employee of a licensed dealer—that the applicant is not a disqualified person within the meaning of section 11; or\n\t(i)\tin the case of an application by a natural person—\n\t(i)\tthat the applicant has established his or her identity, date of birth and residential and postal addresses (the Registrar may require the applicant to provide evidence of identity in the same manner as would be required for the opening of an account at an ADI); or\n\t(ii)\tthat the applicant is an Australian citizen or permanent resident usually resident in South Australia; or\n\t(iii)\tthat the applicant has successfully completed training in the safe handling, use, storage and transport of firearms as required under the regulations; or\n\t(j)\tthat he or she would be prepared to grant a permit to the applicant to acquire a firearm of a category that the applicant would be authorised to possess by the licence if it were granted; or\n\t(k)\tthat the applicant meets a requirement prescribed by the regulations; or\n\t(l)\tthat to grant the licence would be in the public interest.\n\t(2)\tFor the purposes of subsection (1)(c), a person has a genuine reason to possess a firearm if the person genuinely intends to possess or use the firearm for a purpose that would be authorised under the licence if it were granted.\n\t(3)\tA person does not have a genuine reason to possess a firearm if—\n\t(b)\tthe person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be authorised under the licence if it were granted.\n\t(4)\tSubsection (3) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of a firearm.\n\t(5)\tAn application for a firearms licence must not be granted if the applicant has been found guilty of a prescribed offence within the 5 years immediately preceding the application.\n\t(6)\tIf the Registrar refuses an application for renewal of a firearms licence, the Registrar must, by written notice served personally or by registered post on the licensee, notify the licensee of the refusal within 28 days of the decision to refuse the application.\n\t(7)\tIf—\n\t(a)\tthe Registrar refuses an application for a firearms licence on the ground that the Registrar is not satisfied that to grant the licence would be in the public interest; and\n\t(b)\tthe Registrar made the decision because of information that is classified by the Registrar as criminal intelligence,\nthe Registrar is not required to provide any reasons for the Registrar's decision to the applicant other than that the decision was made on public interest grounds under this section.\n\t(8)\tSubject to the regulations, an application for a firearms licence (other than renewal of a licence) must not be granted until at least 28 days have elapsed from the date of the application.\n\t(9)\tThe Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 6 months after it was made.\n\t(10)\tA firearms licence does not come into force until any licence fee required to be paid under this Act has been paid.\n16—Nominees of licensed companies\n\t(1)\tIt is a condition of a firearms licence that is held by a company that the company must have a person (the company's principal nominee) who—\n\t(a)\thas been approved by the Registrar in accordance with the regulations; and\n\t(b)\tholds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and\n\t(c)\tis an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia; and\n\t(d)\texercises control on behalf of the company over the firearms in the possession of the company under its licence; and\n\t(e)\tkeeps a record of the firearms in the possession of the company under its licence, as required by the Registrar.\n\t(2)\tThe Registrar may, in accordance with the regulations, approve persons (the company's secondary nominees) to assist the principal nominee in exercising the powers and performing the functions of the principal nominee, subject to such limitations and conditions as the Registrar thinks fit.\n\t(3)\tA person may only be approved as a company's secondary nominee if the person—\n\t(a)\tholds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and\n\t(b)\tis an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia.\n\t(4)\tA company's secondary nominee is subject to the direction of the company's principal nominee in assisting the principal nominee.\n\t(5)\tIn assisting a company's principal nominee in the exercise of his or her powers or the performance of his or her functions, the company's secondary nominee must not, without reasonable excuse, fail to comply with any reasonable direction of the principal nominee.\n\t(6)\tThe Registrar may, in accordance with the regulations, revoke an approval under this section.\n17—Term and renewal of licence\n\t(1)\tSubject to this Act, a firearms licence remains in force—\n\t(a)\tin the case of a licence that only authorises the possession or use of category A, B or C firearms or a licence that authorises the holder to carry on the business of a dealer—for a term not exceeding 5 years; or\n\t(b)\tin the case of any other licence—for a term not exceeding the term prescribed by the regulations (which must not exceed 5 years).\n\t(2)\tA licence may be renewed from time to time.\n18—Limitations and conditions of licences\n\t(1)\tA firearms licence does not authorise the possession and use of a firearm acquired by the licensee if possession of the firearm was obtained by the licensee in contravention of Part 3.\n\t(2)\tA firearms licence is subject to the following conditions:\n\t(a)\tthe licensee must, whenever required to do so by the Registrar, provide the Registrar with information relating to—\n\t(i)\tany firearm registered in the licensee's name or in his or her possession; or\n\t(ii)\tthe licensee's use of such a firearm; or\n\t(iii)\ta matter relevant to whether the licensee is a fit and proper person to hold the licence;\n\t(b)\tthe licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar;\n\t(c)\tthe licensee must allow a police officer to inspect, at any reasonable time, the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms.\n\t(3)\tA firearms licence is subject to (in addition to the limitations and conditions prescribed by other provisions of this Act)—\n\t(a)\tany limitations or conditions prescribed by the regulations; and\n\t(b)\tany limitations or conditions imposed by the Registrar.\n19—Breach of conditions\nA licensee who fails to comply with a condition of the licence is guilty of an offence.\n\t(a)\tif the condition relates to a category C, D or H firearm or a prescribed firearm—$20 000 or imprisonment for 4 years;\n\t(b)\tin any other case—$10 000 or imprisonment for 2 years.\n20—Variation, cancellation and suspension of licences\n\t(1)\tThe Registrar may, on the Registrar's own initiative or on application, vary a firearms licence at any time—\n\t(a)\tby varying the firearms to which the licence relates (but subject to the limitations and conditions prescribed by or under this Act); or\n\t(b)\tby imposing a limitation or condition of the licence or varying or revoking a limitation or condition of the licence (other than a limitation or condition prescribed by or under this Act); or\n\t(c)\tby varying, revoking or adding a purpose for which a firearm may be possessed under the licence.\n\t(2)\tAn application for variation of a licence—\n\t(3)\tIf an application for variation of a licence concerns the category of firearms to which the licence relates or the purpose for which the applicant may possess firearms, the Registrar may require the applicant to proceed instead by way of application for a licence under section 14.\n\t(4)\tThe variation of a licence during the term of the licence does not operate until the Registrar has given the licensee (either personally or by registered post) written notice of the variation.\n\t(5)\tIf the Registrar is considering variation of a licence, the Registrar may require the licensee to furnish any information the Registrar requires for the purpose.\n\t(6)\tThe Registrar may, by written notice served personally or by registered post on the licensee, cancel a firearms licence—\n\t(a)\tif satisfied that the licensee obtained the licence improperly; or\n\t(b)\tif satisfied that the licensee has not used a firearm for the purpose authorised by the licence; or\n\t(c)\tif satisfied that the licensee has failed to comply with or satisfy the requirements of this Act or the conditions of the licence; or\n\t(d)\ton any ground on which the Registrar might refuse an application by the licensee for such a licence.\n\t(7)\tThe Registrar must, by written notice served personally or by registered post on the licensee, cancel a firearms licence if the licensee is found guilty of an offence prescribed by the regulations for the purposes of section 15(5) committed after the commencement of this subsection.\n\t(8)\tThe Registrar may, by written notice served personally or by registered post on a licensee, suspend the licence pending an investigation as to whether grounds exist for action against the licensee.\n\t(9)\tIf grounds exist for cancelling a licence (other than the grounds referred to in subsection (7)), the Registrar may instead, by written notice served personally or by registered post on the licensee, limit the firearms that may be possessed or used by the licensee under the licence.\n\t(10)\tA notice served on a licensee varying or cancelling the licence under this section must set out the Registrar's reasons for the action.\n\t(11)\tSubsection (10) does not apply in relation to the variation or cancellation of a licence on application.\n\t(12)\tIf the Registrar varies or cancels a licence under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.\n\t(13)\tThe Registrar may, on the application of a licensee, cancel the licence.\n\t(14)\tThe Registrar may, on his or her own initiative or on application by a person whose licence is suspended, revoke the suspension.\n\t(15)\tIf—\n\t(a)\ta licence held by a person has been cancelled or suspended and the person was authorised by the licence to use a firearm—\n\t(i)\tas a member of a recognised firearms club; or\n\t(ii)\tin the course of his or her employment; or\n\t(b)\ta licence held by a person has been varied and, as a result, the person is no longer authorised to use a firearm—\n\t(i)\tas a member of a recognised firearms club; or\n\t(ii)\tin the course of his or her employment,\nthe Registrar must, after serving notice under subsection (16), inform the club or the person's employer (or both) of the cancellation, suspension or variation of the licence.\n\t(16)\tThe Registrar must serve notice on the holder or former holder of a licence that the Registrar intends to inform the person's club or employer (or both) of the cancellation, suspension or variation of the licence.\n\t(17)\tThe Registrar is not subject to any civil or criminal liability in respect of action taken by the Registrar under subsection (15).\n21—Surrender of firearms etc when licence cancelled, suspended etc\n\t(1)\tIf, under this Part or in prescribed circumstances, a person's firearms licence is cancelled or suspended or an application by a person for renewal of a firearms licence is refused, the person must surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person—\n\t(a)\tif served personally with notice of the cancellation, suspension or refusal—immediately; or\n\t(b)\tif served with notice of the cancellation, suspension or refusal by registered post—within 7 days of service of the notice.\n\t(b)\tin the case of a firearm part, sound moderator or ammunition—$20 000 or imprisonment for 4 years.\n\t(2)\tIf the firearms that may be possessed or used by a licensee under a firearms licence are limited under section 20 then the licensee must—\n\t(a)\tif served personally with notice of the variation of the licence, immediately surrender to the Registrar—\n\t(i)\tany firearm, possession or use of which is no longer authorised by the licence; and\n\t(ii)\tany associated firearm parts, sound moderators and ammunition,\nowned by or in the possession of the person; or\n\t(b)\tif served with notice of the variation of the licence by registered post, within 7 days of service of the notice, surrender to the Registrar—\n\t(i)\tany firearm, possession or use of which is no longer authorised by the licence; and\n\t(ii)\tany associated firearm parts, sound moderators or ammunition,\nowned by or in the possession of the person.\n\t(3)\tA person who is required to surrender a firearm under this section must not use the firearm for any purpose before surrendering it in accordance with this section.\n\t(a)\tin the case of a prescribed firearm or a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(b)\tin the case of any other kind of firearm—$20 000 or imprisonment for 4 years.\n\t(4)\tIn this section—\nassociated firearm part, sound moderator and ammunition means any firearm part, sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which is no longer authorised by the firearms licence, but does not include a firearm part, a sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which continues to be authorised by the person's licence.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Acquisition, supply and transfer of possession of firearms","content":"Part 3—Acquisition, supply and transfer of possession of firearms\n22—Trafficking in firearms\n\t(1)\tSubject to this section, a person who acquires a firearm is guilty of an offence unless—\n\t(a)\tthe person is authorised to acquire the firearm by a permit under this Part (or under corresponding legislation of another State or Territory of the Commonwealth); and\n\t(b)\tthere is compliance with the prescribed process for acquisition of the firearm.\n\t(2)\tIf a person acquires a firearm in contravention of subsection (1), the following persons are each guilty of an offence:\n\t(a)\tthe person who supplied the firearm;\n\t(b)\ta person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of acquisition or supply of the firearm;\n\t(c)\ta person who knowingly provided or arranged finance for a step in the process of acquisition or supply of the firearm;\n\t(d)\ta person who knowingly provided the premises in which a step in the process of acquisition or supply of the firearm was taken, or allowed a step in the process of acquisition or supply of the firearm to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.\n\t(3)\tSubsection (1) does not apply to the acquisition of a firearm by a licensed dealer in the ordinary course of the dealer's business under the licence.\n\t(4)\tSubsection (1)(b) does not apply to the acquisition of a firearm from a licensed dealer in the ordinary course of the dealer's business under the licence, including the acquisition of a firearm from a licensed dealer as the agent of the owner of the firearm.\n\t(5)\tIt is a defence to a charge of an offence under subsection (1) or (2) to prove—\n\t(a)\tthat the acquisition was pursuant to—\n\t(i)\tan oral loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 10 days; or\n\t(ii)\ta written loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 28 days; or\n\t(b)\tin the case of a category A, B or H firearm, that—\n\t(i)\tthe acquisition was pursuant to—\n\t(A)\tan oral loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 10 days; or\n\t(B)\ta written loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 28 days; and\n\t(ii)\tthe owner had, immediately before delivering the firearm to the licensee, inspected the person's licence and was satisfied that the person was authorised by the licence to possess the firearm for the agreed purpose; and \n\t(iii)\tthe owner had no reason to believe that the licensee would breach the agreement; and\n\t(iv)\tin the case of a written agreement—the owner and the licensee each made and retained a written record relating to the licensee's acquisition of the firearm in accordance with the regulations; or\n\t(c)\tthe acquisition was in circumstances prescribed for the purposes of this subsection by the regulations.\n\t(6)\tA person who acquires a firearm pursuant to an oral agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 10 days.\n\t(a)\tif the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;\n\t(7)\tA person who acquires a firearm pursuant to a written agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 28 days.\n\t(a)\tif the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;\n\t(8)\tThe regulations may make provision for, or in relation to, the retention, production and inspection of written agreements referred to in subsection (5)(a) and (b).\n\t(9)\tIf a firearm is acquired by or from a licensed dealer in the ordinary course of the dealer's business under the licence (including from a licensed dealer as the agent of the owner of the firearm), the licensed dealer is guilty of an offence if the dealer fails to comply with the requirements prescribed by the regulations for the purposes of this subsection.\n\t(10)\tSubject to this section, the maximum penalty for a first offence against subsection (1), (2) or (9) that involves only 1 firearm is as follows:\n\t(a)\tin the case of an aggravated offence—\n\t(i)\tif the firearm is a prescribed firearm, or a category C, D or H firearm—$100 000 or imprisonment for 20 years;\n\t(ii)\tif the firearm is a category A or B firearm—$50 000 or imprisonment for 10 years;\n\t(b)\tin any other case—\n\t(i)\tif the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(ii)\tif the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(iii)\tif the firearm is any other category of firearm—$35 000 or imprisonment for 7 years.\n\t(11)\tSubject to this section, the maximum penalty for—\n\t(a)\ta first offence against subsection (1), (2) or (9) that involves more than 1 firearm; or\n\t(b)\ta subsequent offence against subsection (1), (2) or (9),\nis imprisonment for 20 years.\n\t(12)\tA person who has not previously been found guilty of an offence against subsection (1), (2) or (9) may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the offence involves a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(13)\tFor the purposes of subsections (10), (11) and (12), a previous offence against—\n\t(a)\tthe repealed Act; or\n\t(b)\tcorresponding legislation in another State or Territory of the Commonwealth (whether committed before or after the commencement of this section),\ninvolving the unlawful acquisition or supply of a firearm is to be regarded as a previous offence against subsection (1), (2) or (9).\n\t(14)\tAn offence against subsection (2)(a) or (9) is an aggravated offence if it has been proved that the person to whom the firearm was supplied by the defendant was under the age of 18 years.\n23—Permits to acquire firearms\n\t(1)\tAn application for a permit to acquire a firearm—\n\t(2)\tThe Registrar may require an applicant to furnish any information the Registrar requires to determine the application.\n\t(3)\tSubject to this section, the Registrar may only refuse an application for a permit to acquire a firearm if—\n\t(a)\tthe applicant has not made the application in accordance with this Act or has not met the requirements of the Registrar in connection with the application; or\n\t(b)\tthe applicant does not hold a firearms licence that authorises possession of the firearm; or\n\t(c)\tthe Registrar is not satisfied that the applicant is a fit and proper person to acquire the firearm; or\n\t(d)\tthe Registrar is not satisfied that the applicant has—\n\t(i)\ta genuine reason to acquire the firearm; and\n\t(ii)\ta genuine need to acquire the firearm that cannot be met by a firearm already in the possession of the applicant; or\n\t(e)\tthe Registrar is not satisfied that the applicant, being a licensee, could use the firearm for the purpose authorised by the licence; or\n\t(f)\tthe Registrar is not satisfied that the applicant, being a licensee, will comply with or satisfy a condition of the licence or a requirement of this Act relevant to the firearm; or\n\t(g)\tthe Registrar is of the opinion that the firearm is particularly dangerous, or is otherwise unsuitable for the purpose for which it is intended to be used, by reason of its design, construction or any other factor; or\n\t(h)\tthe Registrar is of the opinion that the firearm could easily be converted to an automatic firearm; or\n\t(i)\tthe Registrar is of the opinion that, by reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use; or\n\t(j)\tthe applicant has in the past acquired a firearm that he or she failed to produce to the Registrar for registration in accordance with this Act or the repealed Act; or\n\t(k)\tthe applicant has been found guilty of an offence under this Act or the repealed Act; or\n\t(l)\tthe Registrar is not satisfied that the applicant meets a requirement prescribed by the regulations.\n\t(4)\tA licence granted to a person in order that the person may possess a firearm for use as an employee in a business carried on by another is not sufficient for the purposes of subsection (3)(b) to justify the granting of a permit to acquire a firearm.\n\t(5)\tFor the purposes of subsection (3)(d)(i), a person has a genuine reason to acquire a firearm if the person genuinely intends to possess or use the firearm for a purpose authorised by a licence held by the applicant.\n\t(6)\tA person does not have a genuine reason to acquire a firearm if—\n\t(b)\tthe person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose is not authorised by the licence held by the person.\n\t(7)\tSubsection (6) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the acquisition of a firearm.\n\t(8)\tSubsection (3)(d)(ii) does not apply to—\n\t(a)\ta category A firearm; or\n\t(b)\ta firearm that has been rendered unusable in a manner stipulated in the regulations or by the Registrar; or\n\t(c)\ta firearm, or a firearm of a kind, prescribed by the regulations.\n\t(9)\tSubject to subsection (10), an application for a permit must not be granted until at least 28 days have elapsed from the date of the application.\n\t(10)\tAn application for a permit may be granted before 28 days have elapsed from the date of the application if—\n\t(a)\tthe applicant is the owner of a registered firearm of the same category as the firearm to which the application relates; or\n\t(b)\tthe Registrar is satisfied that it is safe to do so and that there are special reasons for doing so.\n\t(11)\tThe period for which a permit remains in force must be specified in the permit.\n24—Cancellation of permit\n\t(1)\tThe Registrar may, by written notice served personally or by registered post on the holder of a permit under this Part, cancel the permit—\n\t(a)\tif the holder of the permit has failed to comply with a provision of this Act; or\n\t(b)\tif satisfied that the holder of the permit obtained the permit improperly; or\n\t(c)\ton any ground on which the Registrar might refuse an application by the holder of the permit for the permit.\n\t(2)\tA notice served on the holder of a permit cancelling the permit under this section must set out the Registrar's reasons for the cancellation.\n\t(3)\tIf the Registrar cancels a permit under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.\n25—Transfer of possession of firearms\n\t(1)\tThe owner of a firearm may only transfer possession of the firearm to another person—\n\t(a)\tif he or she is selling, giving, lending or hiring the firearm to the other person; or\nNote—\nFor circumstances in which it is lawful for a person to sell, give, lend or hire a firearm to another person, see section 22.\n\t(b)\tif the other person is a licensed dealer in firearms and possession is transferred—\n\t(i)\tto enable the dealer to repair, modify or test the firearm, or to display the firearm on behalf of the owner for the purpose of sale; or\n\t(ii)\tto the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or\n\t(c)\tin circumstances in which this Act does not apply to the possession or handling of the firearm by the person under section 8(2); or\n\t(d)\tin circumstances authorised by regulation.\n\t(2)\tA person must not accept the transfer of possession of a firearm unless possession is transferred to him or her in circumstances referred to in subsection (1).\n\t(3)\tA person to whom possession of a firearm is transferred in circumstances referred to in subsection (1) who is not the owner of the firearm must not (unless authorised by or under this Act) transfer possession of the firearm to any other person except the owner of the firearm.\n\t(4)\tA person who contravenes a provision of this section is guilty of an offence.\n\t(a)\tif the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years;\n\t(5)\tThe regulations may make provision in relation to what constitutes, or does not constitute, possession of a firearm, or transfer of possession of a firearm, for the purposes of this section, including by prescribing circumstances in which a person will, or will not, be taken to be in possession of, or to have transferred possession of, a firearm.\n\t(6)\tIn this section—\ngiving a firearm to a person means transferring ownership of the firearm to the person as a gift.\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration of firearms","content":"Part 4—Registration of firearms\n26—Application of Part\nThis Part does not apply to—\n\t(a)\ta firearm in the possession of a licensed dealer in the ordinary course of the person's business under the licence; or\n\t(b)\ta firearm in the possession of a person in prescribed circumstances; or\n\t(c)\ta receiver in the possession of a person in whose name a firearm of which the receiver forms part is registered (whether the firearm is assembled or disassembled).\n27—Requirement to register firearms\n\t(1)\tA person is guilty of an offence if the person has possession of an unregistered firearm.\n\t(2)\tIt is a defence to a charge of an offence under subsection (1) to prove that the firearm came into the defendant's possession lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered by the time of the alleged offence.\n\t(3)\tA person who is the owner of a firearm is guilty of an offence if the firearm is not registered in the person's name.\n\t(4)\tSubsection (3) does not apply to—\n\t(a)\tthe owner of a firearm if the registration of the firearm is cancelled under section 30(6); or\n\t(b)\ta person who is the owner of a firearm by virtue of his or her possession of the firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent.\n\t(5)\tIt is a defence to a charge of an offence under subsection (3) to prove that ownership of the firearm passed to the defendant lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered in the defendant's name by the time of the alleged offence.\n\t(6)\tThe maximum penalty for an offence under this section is as follows:\n\t(a)\tif the firearm is a prescribed firearm—$35 000 or imprisonment for 7 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$20 000 or imprisonment for 4 years;\n\t(c)\tif the firearm is any other category of firearm—$10 000 or imprisonment for 2 years.\n28—Registration of firearms\n\t(1)\tAn application for registration of a firearm—\n\t(b)\tmust be accompanied by any documents required by the Registrar; and\n\t(c)\tmust be accompanied by the fee prescribed by the regulations.\n\t(2)\tThe Registrar may require an applicant to furnish any information the Registrar requires to determine the application.\n\t(3)\tThe Registrar may only refuse an application for registration of a firearm if the Registrar is satisfied that—\n\t(a)\tacquisition of the firearm by the applicant was not authorised by a permit in contravention of this Act; or\n\t(b)\tthe applicant improperly obtained a permit to acquire the firearm; or\n\t(c)\tthe applicant would not, having regard to the firearm sought to be registered and the current circumstances, be entitled to be granted a permit to acquire the firearm; or\n\t(d)\tthe applicant is not the owner of the firearm; or\n\t(e)\tthe firearm does not have an identifying mark as required under section 29.\n29—Registered firearms to have identifying marks\n\t(1)\tA firearm that is required to be registered under this Act must have an identifying mark that complies with the requirements of this section.\n\t(2)\tThe identifying mark for a firearm must comply with the following:\n\t(a)\tthe mark must consist of a number, or a combination of a number and a letter or letters, that is of at least 4 characters and unique to the firearm;\n\t(b)\tthe mark must be stamped or engraved into part of the metal structure of the firearm on the outside surface of the firearm where it can be easily seen and, if possible, on the receiver of the firearm;\n\t(c)\tthe characters must be at least 2 millimetres in height and must be stamped to form an indentation to a depth, or be engraved to a depth, of at least 0.5 millimetres.\n\t(3)\tHowever, a firearm will be taken to have an identifying mark that complies with the requirements of this section if the firearm is identified in some other way approved by the Registrar.\n\t(4)\tIf a firearm that is produced for registration does not have an identifying mark as required under this section, the Registrar must give directions as to the form of the identifying mark for the firearm and the owner of the firearm must produce the firearm to a police officer within 14 days with an identifying mark in compliance with the Registrar's directions.\n\t(a)\tif the firearm is a prescribed firearm—$20 000 or imprisonment for 4 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$10 000 or imprisonment for 2 years;\n\t(c)\tif the firearm is any other category of firearm—$5 000 or imprisonment for 1 year.\n\t(5)\tA person is guilty of an offence if the person—\n\t(a)\tdefaces, alters or removes the identifying mark of a firearm without the authority of the Registrar; or\n\t(b)\thas possession of a firearm that does not have an identifying mark as required under this section.\n\t(a)\tif the firearm is a prescribed firearm—$50 000 or imprisonment for 10 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$35 000 or imprisonment for 7 years;\n\t(c)\tif the firearm is any other category of firearm—$20 000 or imprisonment for 4 years.\n\t(6)\tFor the purposes of this Act, a firearm does not have an identifying mark as required under this section if the identifying mark has been defaced, altered or removed without the authority of the Registrar.\n30—Cancellation of registration\n\t(1)\tThe Registrar may, by written notice served personally or by registered post on the person in whose name a firearm is registered, cancel the registration of the firearm if the Registrar is satisfied that, having regard to the firearm and the current circumstances, the person would not be entitled to obtain registration of the firearm.\n\t(2)\tA notice served on a person under this section must set out the Registrar's reasons for the cancellation.\n\t(3)\tIf the Registrar cancels the registration of a firearm under subsection (1) and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.\n\t(4)\tIf the registration of a firearm is cancelled under subsection (1), the person in whose name the firearm was registered must surrender the firearm to the Registrar—\n\t(a)\tif served personally with notice of cancellation of the registration—immediately; or\n\t(b)\tif served with notice of the cancellation of the registration by registered post—within 7 days of service of the notice.\nMaximum penalty: $50 000 or imprisonment for 10 years.\n\t(5)\tIf a person has ceased to be the owner of a firearm, registration of the firearm in that person's name is cancelled by registration of the firearm in the name of the subsequent owner.\n\t(6)\tIf the person in whose name a firearm is registered gives the Registrar written notice of the loss or theft of the firearm, registration of the firearm is cancelled on receipt of the notice by the Registrar.\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"Acquisition and possession of ammunition","content":"Part 5—Acquisition and possession of ammunition\n31—Acquisition and possession of ammunition\n\t(1)\tA person who acquires, owns or has possession of ammunition is guilty of an offence unless—\n\t(a)\tthe person is the holder of a firearms licence that authorises possession of a firearm of a category designed to fire that ammunition (not being a licence authorising possession of firearms for the purpose only of collecting, or collecting and displaying, the firearms or a licence authorising possession of a prescribed firearm); or\n\t(b)\t—\n\t(i)\tthe person is the holder of a firearms licence authorising possession of a prescribed firearm designed to fire that ammunition; and\n\t(ii)\tuse of that ammunition in the prescribed firearm would not be in contravention of a condition of the licence; or\n\t(c)\tthe person is the holder of a permit granted by the Registrar under section 32 that authorises the person to possess ammunition of that kind.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\tthe acquisition, ownership or possession of ammunition—\n\t(i)\tby a licensed dealer in the ordinary course of the person's business under the licence; or\n\t(ii)\tby a shooting club for distribution to members of, or visitors to, the club; or\n\t(iii)\tby a person for use by that person in a firearm in circumstances in which that person is not required by this Act to hold a firearms licence (including, subject to subsection (10), where that person is under the age of 18 years); or\n\t(b)\tthe acquisition of ammunition by a member of a shooting club from the club (including, subject to subsection (10), where that member is under the age of 18 years); or\n\t(c)\tthe acquisition of ammunition from a shooting club by a visitor to the club (including, subject to subsection (10), where that visitor is under the age of 18 years) or the possession of that ammunition by the visitor for use on the grounds of the club in a manner authorised by the club.\n\t(3)\tIn proceedings for an offence under subsection (1), the onus is on the defendant to prove that he or she held the required licence or permit when the ammunition was acquired, owned or possessed or that the acquisition, ownership or possession of the ammunition was excluded from the application of this section by virtue of subsection (2).\n\t(4)\tA person who supplies ammunition to another person is guilty of an offence if the other person is not authorised to possess the ammunition.\n\t(5)\tIn proceedings for an offence under subsection (4), the onus is on the defendant to prove that he or she was entitled to supply the ammunition to the other person by virtue of subsection (2).\n\t(6)\tA person who has possession of ammunition is guilty of an offence if the ammunition was acquired by another person in contravention of this section.\n\t(7)\tIt is a defence to a charge for an offence under subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the ammunition was acquired by the other person in contravention of this section.\n\t(8)\tIf the Registrar cancels or suspends a permit authorising possession of ammunition, the Registrar may authorise the person who held the permit to retain the ammunition for disposal, or transfer the ammunition to a licensed dealer for disposal or safekeeping, in accordance with the directions of the Registrar.\n\t(9)\tNo criminal liability attaches to a person to the extent that he or she complies with an authorisation of the Registrar, and any related directions, under subsection (8).\n\t(10)\tDespite anything in this section, a person under 18 years of age must not purchase or own ammunition.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(11)\tA person who sells ammunition to a person under 18 years of age is guilty of an offence.\n\t(12)\tSubject to this section, the maximum penalty for an offence under this section is $10 000 or imprisonment for 2 years.\n32—Permits to possess ammunition\n\t(1)\tAn application for a permit to possess ammunition—\n\t(2)\tThe Registrar may require an applicant to furnish any information the Registrar requires to determine the application.\n\t(3)\tSubject to this section, the Registrar may only refuse an application for a permit to possess ammunition if the Registrar is not satisfied—\n\t(a)\tthat the applicant is a fit and proper person to have possession of ammunition of the kind to which the application relates; or\n\t(b)\tthat the applicant has a genuine reason to possess the ammunition.\n\t(4)\tWhen granting a permit, the Registrar must not restrict the kind of ammunition that can be possessed unless it is, in the Registrar's opinion, necessary to do so in order to comply with subsection (3).\n\t(5)\tFor the purposes of subsection (3)(b), a person has a genuine reason to possess ammunition if the person—\n\t(a)\tgenuinely intends to possess the ammunition for—\n\t(i)\ta purpose for which the possession of a firearm is authorised under a licence held by the applicant; or\n\t(ii)\ta purpose prescribed by the regulations or approved by the Registrar; or\n\t(b)\thas a genuine interest in collecting ammunition of historical or other significance and genuinely intends to possess the ammunition for that purpose.\n\t(6)\tA person does not have a genuine reason to possess ammunition if—\n\t(b)\tthe person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be a purpose for which possession or use of a firearm is authorised under a licence held by the person.\n\t(7)\tSubsection (6) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of ammunition.\n\t(8)\tA permit to possess ammunition is subject to—\n\t(a)\tany limitations or conditions prescribed by the regulations; and\n\t(b)\tany limitations or conditions imposed by the Registrar.\n33—Cancellation or suspension of permit\n\t(1)\tThe Registrar may, by written notice served personally or by registered post on the holder of a permit under section 32, cancel the permit if—\n\t(a)\tthe holder of the permit has failed to comply with a provision of this Act or a condition of the permit; or\n\t(b)\tthe Registrar is not satisfied that the holder of the permit is a fit and proper person to hold the permit.\n\t(2)\tThe Registrar may, by written notice served personally or by registered post on the holder of a permit, suspend the permit pending an investigation as to whether the permit should be cancelled under subsection (1).\n\t(3)\tA notice served on the holder of a permit cancelling the permit under this section must set out the Registrar's reasons for the cancellation.\n\t(4)\tIf the Registrar cancels a permit under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section.\n\t(5)\tThe Registrar may, on his or her own initiative or on application by a person whose permit is suspended, revoke the suspension.\n34—Restriction on quantity and possession of certain ammunition\n\t(1)\tA person who acquires or owns or has possession of more ammunition than is required to meet the person's reasonable needs in making lawful use of a firearm for the immediately following 12 months is guilty of an offence.\n\t(2)\tA licensed dealer who acquires or owns or has possession of more ammunition than is required to meet the dealer's reasonable needs in carrying on the business of a dealer for the immediately following 12 months is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tThe regulations may prescribe limits on the quantity of ammunition of any kind that a person, or a person of a particular class, may acquire during a specified period or may own or have in his or her possession at any 1 time.\n\t(4)\tThe regulations may prohibit or restrict the acquisition or possession of a specified kind or class of ammunition.\n\t(5)\tA person who acquires or owns or has possession of ammunition in contravention of a regulation under this section is guilty of an offence.\n\t(6)\tIn proceedings for an offence under subsection (1) or (2), the onus is on the defendant to prove that the quantity of ammunition in his or her possession was not more than was required to meet his or her reasonable needs in making lawful use of a firearm or in carrying on the business of a dealer (as the case requires) for the immediately following 12 months.\n","sortOrder":7},{"sectionNumber":"Part 6","sectionType":"part","heading":"Code of practice for security, storage and transport of firearms, ammunition and related items","content":"Part 6—Code of practice for security, storage and transport of firearms, ammunition and related items\n35—Code of practice\n\t(1)\tThe regulations may set out a code of practice for the purposes of this Part.\n\t(2)\tA code of practice may (without limiting section 78)—\n\t(a)\tspecify requirements in relation to the security and storage of firearms, ammunition, firearm parts, sound moderators and restricted firearm mechanisms; and\n\t(b)\tspecify requirements in relation to the transport of firearms, ammunition, firearm parts, sound moderators and restricted firearm mechanisms; and\n\t(c)\tspecify requirements for the keeping of records and the provision of information to the Registrar in respect of the security, storage, location and transport of firearms, ammunition, firearm parts, sound moderators and restricted firearm mechanisms; and\n\t(d)\tmake provision in relation to the joint liability of persons for contraventions of the code; and\n\t(e)\tdeclare that a contravention of the code is a category A, B, C, D, E or F offence for the purposes of subsection (4).\n\t(3)\tA person who contravenes a provision of a code of practice is guilty of an offence.\n\t(a)\tfor a category A offence—$75 000 or imprisonment for 15 years;\n\t(b)\tfor a category B offence—$50 000 or imprisonment for 10 years;\n\t(c)\tfor a category C offence—$20 000 or imprisonment for 4 years;\n\t(d)\tfor a category D offence—$10 000 or imprisonment for 2 years;\n\t(e)\tfor a category E offence—$5 000 or imprisonment for 1 year;\n\t(f)\tfor a category F offence—$2 500.\nExpiation fee: \n\t(a)\tfor a category E offence declared under a code of practice to be expiable—$315;\n\t(b)\tfor a category F offence declared under a code of practice to be expiable—$210.\n\t(4)\tFor the purposes of this section, contravention of a code of practice is a category A, B, C, D, E or F offence if the code declares that such contravention will be an offence of that category.\n36—Exemption from code\nThe Registrar may exempt a person from compliance with a code of practice under this Part or specified provisions of a code of practice subject to such conditions as he or she thinks fit and may vary or revoke an exemption at any time.\n","sortOrder":8},{"sectionNumber":"Part 7","sectionType":"part","heading":"Prohibited practices relating to firearms and ammunition","content":"Part 7—Prohibited practices relating to firearms and ammunition\n37—Manufacture of firearms, firearm parts or sound moderators\n\t(1)\tSubject to this section, a person is guilty of an offence if the person manufactures a firearm, firearm part or sound moderator.\n\t(2)\tIf a person manufactures a firearm, firearm part or sound moderator in contravention of subsection (1), the following persons are each guilty of an offence:\n\t(a)\ta person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of manufacture of the firearm, firearm part or sound moderator;\n\t(b)\ta person who knowingly provided or arranged finance for a step in the process of manufacture of the firearm, firearm part or sound moderator;\n\t(c)\ta person who knowingly provided the premises in which a step in the process of manufacture of the firearm, firearm part or sound moderator was taken, or allowed a step in the process of manufacture of the firearm, firearm part, or sound moderator to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.\n\t(3)\tSubsection (1) does not apply to—\n\t(a)\tthe manufacture by a person of a firearm or firearm part in accordance with a licence held by the person; or\n\t(b)\tthe manufacture by a person of a sound moderator with the written approval of the Registrar, provided the person complies with any limitations or conditions prescribed by the regulations or imposed by the Registrar.\n\t(4)\tIt is a defence to a charge of an offence under subsection (1) or (2) to prove that, in the case of a firearm part—\n\t(a)\tthe firearm part was for a firearm registered in the name of the person who manufactured the firearm part; or\n\t(b)\t—\n\t(i)\tthe firearm part was for a firearm registered in the name of a company of which the person who manufactured the firearm part was an officer or employee; and\n\t(ii)\tthe officer or employee was the holder of a licence authorising possession of the firearm; and\n\t(iii)\tthe firearm part was manufactured by the officer or employee in the course of his or her duties as an officer or employee of the company.\n\t(5)\tThe maximum penalty for an offence under this section is as follows:\n\t(a)\tin the case of a firearm or firearm part—\n\t(i)\tif the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(ii)\tif the firearm is a category C, D or H firearm or the firearm part is a firearm part for a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(iii)\tif the firearm or firearm part is any other kind of firearm or firearm part—$35 000 or imprisonment for 7 years;\n\t(b)\tin the case of a sound moderator—$35 000 or imprisonment for 7 years.\n\t(6)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(7)\tFor the purposes of this section, a licensed dealer who assembles, from separate, prefabricated parts, a firearm that is designed to be so assembled, or that is designed to be disassembled for the purpose of transport or storage, will not be taken to have manufactured the firearm.\n37A—Possession of digital blueprint for firearms etc\n\t(1)\tThis section applies to the following items:\n\t(a)\ta firearm;\n\t(b)\ta firearm part;\n\t(c)\ta prohibited firearm accessory;\n\t(d)\ta sound moderator;\n\t(e)\ta restricted firearm mechanism.\n\t(2)\tA person who possesses a digital blueprint for an item to which this section applies is guilty of an offence.\n\t(3)\tSubsection (2) does not apply to a person if—\n\t(a)\tthe person is authorised by a licence, or is otherwise permitted under this Act, to manufacture the item that the digital blueprint is for; or \n\t(b)\tthe person possesses the digital blueprint for the purposes of official duties connected with—\n\t(i)\tenforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or\n\t(ii)\tmonitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or\n\t(iii)\tthe administration of the justice system.\n\t(4)\tIt is a defence to a charge of an offence under subsection (2) to prove that—\n\t(a)\tthe defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint; or\n\t(b)\tthe digital blueprint came into the defendant's possession unsolicited and the defendant, as soon as they became aware of its nature, took reasonable steps to ensure that the digital blueprint ceased to be in the defendant's possession; or\n\t(c)\tthe digital blueprint in the defendant's possession relates to a firearm legally owned or possessed by the defendant; or\n\t(d)\tthe possession of the digital blueprint by the defendant—\n\t(i)\twas necessary for, or of assistance in, conducting scientific, medical, educational, military or law enforcement research that has been approved by the Registrar in writing for the purposes of this section; and\n\t(ii)\tdid not contravene any conditions of that approval.\n\t(5)\tThe maximum penalty for an offence under this section is as follows:\n\t(a)\tin the case of a digital blueprint for a firearm or firearm part—\n\t(i)\tif the blueprint is for a prescribed firearm or a firearm part for a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(ii)\tif the blueprint is for a category C, D or H firearm or a firearm part for a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(iii)\tif the blueprint is for any other kind of firearm or firearm part—$35 000 or imprisonment for 7 years;\n\t(b)\tin the case of a digital blueprint for a sound moderator, a restricted firearm mechanism or a prohibited firearm accessory—$35 000 or imprisonment for 7 years.\n\t(6)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the digital blueprint is for a prescribed firearm or a firearm part for a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(7)\tFor the purposes of subsection (5), if a firearm part that could be manufactured from a digital blueprint in the possession of a person may, when combined with—\n\t(a)\t1 or more firearm parts in the possession of the person; or\n\t(b)\t1 or more firearm parts that could be manufactured from digital blueprints in the possession of the person; or\n\t(c)\tany combination of firearm parts referred to in a preceding paragraph,\nbe assembled into a firearm of a particular kind or category, the digital blueprint will be taken to be for a firearm part for a firearm of that kind or category.\n\t(8)\tIf a digital blueprint could be taken to be a digital blueprint for a firearm part for a firearm of more than 1 kind or category pursuant to subsection (7), the digital blueprint will be taken to be a digital blueprint for a firearm part for the kind or category of firearm in relation to which the most serious penalty under subsection (5)(a) would apply.\n\t(9)\tIn this section—\ncomputer includes a tablet, mobile phone and any other electronic device that is capable of connecting to the internet;\ndigital blueprint, in relation to an item, means—\n\t(a)\tany type of digital or electronic reproduction of a technical drawing; or\n\t(b)\tany electronic coding; or\n\t(c)\tany computer aided design,\nby the application of which, in combination with a 3D printer, an application of 3D printer technology or an electronic milling machine, the item may be manufactured;\npossession, in relation to a digital blueprint, includes the following:\n\t(a)\tpossession of a computer or data storage device holding or containing the blueprint;\n\t(b)\tpossession of a document in which the blueprint is recorded;\n\t(c)\tcontrol of the blueprint—\n\t(i)\theld in a computer or data storage device that is in the possession of another person (whether the computer or data storage device is in this or any other jurisdiction); or\n\t(ii)\theld on a remote computer or remote data storage device (for example, a cloud storage system) that is accessible from a computer or data storage device (whether the remote computer or remote data storage device is in this or any other jurisdiction).\n38—Alteration of firearms\n\t(1)\tA person who, without the written approval of the Registrar, alters a firearm that has been rendered unusable so that, as a result of the alteration, the firearm becomes capable of being used as a firearm, is guilty of an offence.\n\t(a)\tif the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(b)\tif the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(c)\tif the firearm is any other category of firearm—$35 000 or imprisonment for 7 years.\n\t(2)\tA person who alters a firearm so that, as a result of the alteration, the firearm becomes a firearm of a different category (whether temporarily or permanently), is guilty of an offence unless—\n\t(a)\tthe person is authorised by a licence, at the time of the alteration, to possess firearms of the categories to which the firearm belongs both before and after the alteration; and\n\t(b)\tthe alteration has been approved by the Registrar or is permitted under regulations made for the purposes of this subsection.\n\t(a)\tif the firearm as altered is a prescribed firearm—$75 000 or imprisonment for 15 years;\n\t(b)\tif the firearm as altered is a category C, D or H firearm—$50 000 or imprisonment for 10 years;\n\t(c)\tif the firearm as altered is any other category of firearm—$35 000 or imprisonment for 7 years.\n\t(3)\tA person who attempts to commit an offence against subsection (1) or (2) is guilty of the offence of attempting to commit that offence.\nMaximum penalty: $15 000 or imprisonment for 4 years.\n39—Possession etc of sound moderator and certain parts of firearms\n\t(1)\tA person who, without the written approval of the Registrar, acquires, owns or has possession of—\n\t(a)\ta sound moderator; or\n\t(b)\ta restricted firearm mechanism,\nis guilty of an offence.\n\t(2)\tSubject to this section, the maximum penalty for an offence under subsection (1) is $10 000 or imprisonment for 2 years.\n\t(3)\tThe maximum penalty for an aggravated offence under subsection (1) is $75 000 or imprisonment for 15 years.\n\t(4)\tAn offence under subsection (1) is an aggravated offence if it has been proved that—\n\t(a)\tthe sound moderator or restricted firearm mechanism to which the offence relates was fitted to a firearm; or\n\t(b)\tthe offender had physical possession or control of the sound moderator or restricted firearm mechanism together with a firearm to which the sound moderator or restricted firearm mechanism could be fitted.\n\t(5)\tThe Registrar may only grant approval for a person to acquire, own or possess a sound moderator if the Registrar is satisfied—\n\t(a)\tthat—\n\t(i)\tthe person intends to possess or use the sound moderator for the purpose of culling or destroying animals on Crown land in accordance with a contract or agreement with an agency or instrumentality of the Crown and the person genuinely requires the use of the sound moderator in order to fulfil his or her obligations under the contract; and\n\t(ii)\tthere is a genuine need by the agency or instrumentality of the Crown for the person to use the sound moderator for the purposes of the contract; and\n\t(iii)\tthere is no reasonable alternative to the use of the sound moderator by the person for the purpose, or in the circumstances, for which the approval is to be given; or\n\t(b)\tthat—\n\t(i)\tthe person is the operator or employee of a pest control business who intends to possess or use the sound moderator in the course of that business for the purpose of culling or destroying animals in a built‑up urban environment; and\n\t(ii)\tuse of the sound moderator by the person is genuinely required in order to avoid disturbing the peace; and\n\t(iii)\tthere is no reasonable alternative to the use of the sound moderator by the person for the purpose, or in the circumstances, for which the approval is to be given; or\n\t(c)\tthat the person is a licensed dealer who intends to possess the sound moderator for the purpose of selling or hiring out the sound moderator in the ordinary course of the dealer's business to a person who holds a written approval of the Registrar under this section to acquire, own or possess the sound moderator.\n\t(6)\tThe purpose for which, or the circumstances in which, a sound moderator or restricted firearm mechanism may be possessed or used by a person pursuant to an approval under subsection (1) must be specified by the Registrar in writing at the time the approval is granted.\n\t(7)\tAn approval under this section must also specify the circumstances under which the approval will cease to have effect for the purposes of this section.\n\t(8)\tIf a person who is approved by the Registrar to acquire, own or possess a sound moderator or restricted firearm mechanism under subsection (1) possesses or uses the sound moderator or restricted firearm mechanism for a purpose or in circumstances other than as specified by the Registrar for the purposes of the approval, the person is guilty of an offence.\nMaximum penalty: $75 000 or imprisonment for 15 years.\n\t(9)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence against subsection (8) but on conviction of a summary offence under that subsection the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(10)\tA person who is approved by the Registrar under subsection (1) to have possession of a sound moderator must, within 14 days of coming into possession of a sound moderator in accordance with the approval, produce the sound moderator to a police officer with an identifying mark that complies with the requirements of the Registrar.\nMaximum penalty: $20 000 or imprisonment for 4 years.\n\t(11)\tSubsection (10) does not apply in relation to a sound moderator that is in the possession of a licensed dealer for the purpose of sale in the ordinary course of the dealer's business.\n\t(12)\tA person who is in the possession of a sound moderator is not required to produce it to a police officer under subsection (10) if the sound moderator is hired by the person from a licensed dealer and it has an identifying mark as required by that subsection.\n\t(13)\tA person must not deface, alter or remove the identifying mark of a sound moderator without the authority of the Registrar.\n\t(14)\tThe regulations may make further provision in relation to the grant, variation and cancellation of, and the imposition of conditions or limitations on, approvals under this section.\n40—Possession etc of prohibited firearm accessory\n\t(1)\tA person who acquires, owns or has possession of a prohibited firearm accessory is guilty of an offence.\n\t(2)\tSubject to this section, the maximum penalty for an offence under this section is $10 000 or imprisonment for 2 years.\n\t(3)\tThe maximum penalty for an aggravated offence under this section is $75 000 or imprisonment for 15 years.\n\t(4)\tAn offence under this section consisting of possession of a prohibited firearm accessory is an aggravated offence if it has been proved that—\n\t(a)\tthe accessory to which the offence relates was fitted to a firearm; or\n\t(b)\tthe offender had physical possession or control of the accessory together with a firearm to which the accessory could be fitted or in conjunction with which the accessory could be used.\n41—Assembly of ammunition\n\t(1)\tSubject to this section, a person is guilty of an offence if the person assembles ammunition.\n\t(2)\tIf a person assembles ammunition in contravention of subsection (1), the following persons are each guilty of an offence:\n\t(a)\ta person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of assembly of the ammunition;\n\t(b)\ta person who knowingly provided or arranged finance for a step in the process of assembly of the ammunition;\n\t(c)\ta person who knowingly provided the premises in which a step in the process of assembly of the ammunition was taken, or allowed a step in the process of assembly of the ammunition to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.\n\t(3)\tSubsection (1) does not apply to the assembly of ammunition—\n\t(a)\tby a licensee for use—\n\t(i)\tby the licensee in a firearm lawfully in the possession of the licensee in circumstances in which the licensee is authorised under this Act to use the firearm; or\n\t(ii)\tby another licensee in a firearm lawfully in the possession of the other licensee in circumstances in which the other licensee is authorised under this Act to use the firearm; or\n\t(iii)\tby another person in a firearm in circumstances in which the other person is authorised under this Act to use the firearm but not required by this Act to hold a firearms licence; or\n\t(b)\tby a person for use by the person in a firearm in circumstances in which the person is authorised under this Act to use the firearm but not required by this Act to hold a firearms licence; or\n\t(c)\tby a person, or a person of a class, or in circumstances, prescribed by the regulations,\nunless the ammunition is assembled—\n\t(d)\tfor the purpose of supply to a person who is not permitted to possess or acquire the ammunition under this Act; or\n\t(e)\tby a person excluded, or of a class of persons excluded, from the operation of this subsection by the regulations.\n\t(4)\tIn proceedings for an offence under this section, the onus is on the defendant to prove that the person who assembled the ammunition was entitled to do so under subsection (3).\n\t(5)\tThe maximum penalty for an offence under this section is $20 000 or imprisonment for 4 years.\n\t(6)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\nassemble ammunition means combine a cartridge case and at least 1 other component of ammunition into a single article that is suitable for use in a firearm.\n42—Handling firearms when under influence of intoxicating liquor or drug\n\t(1)\tA person who handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm is guilty of an offence if—\n\t(a)\ta round is in the breech, barrel or chamber or the magazine of the firearm; or\n\t(b)\tthe person has physical possession or control of ammunition that can be used in the firearm.\n\t(2)\tA person who delivers a firearm into the physical possession or control of another who is so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm is guilty of an offence if—\n\t(a)\ta round is in the breech, barrel or chamber or the magazine of the firearm; or\n\t(b)\tthe person delivers ammunition that can be used in the firearm into the physical possession or control of the other person or the other person has or can readily obtain physical possession or control of ammunition that can be used in the firearm.\n\t(3)\tWithout limiting subsection (1) or (2), a person is incapable of exercising effective control of a firearm if, owing to the influence of intoxicating liquor or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired.\n\t(4)\tThe regulations may empower police officers to conduct alcohol and drug testing of persons in possession of firearms and create evidentiary presumptions relating to the tests and their results.\n","sortOrder":9},{"sectionNumber":"Part 8","sectionType":"part","heading":"Firearms prohibition orders","content":"Part 8—Firearms prohibition orders\n43—Interim firearms prohibition order issued by police officer\n\t(1)\tSubject to subsection (2), a police officer may issue an interim firearms prohibition order against a person if the police officer suspects on reasonable grounds that—\n\t(a)\tpossession of a firearm by the person would be likely to result in undue danger to life or property; or\n\t(b)\tthe person is not a fit and proper person to possess a firearm.\n\t(2)\tIf the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank.\n\t(3)\tAn interim firearms prohibition order must be in a form approved by the Registrar.\n\t(4)\tFor the purposes of this Act, an interim firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.\n\t(5)\tIf a police officer proposes to issue an interim firearms prohibition order against a person—\n\t(a)\tthe officer may require the person to—\n\t(i)\tremain at a particular place while the order is prepared and issued so that the order may be served on the person; or\n\t(ii)\taccompany the officer to the nearest police station for the order to be served; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, the officer may arrest and detain the person in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the order to be served on the person; or\n\t(ii)\t2 hours,\nwhichever is the lesser.\n\t(6)\tIf a person accompanies a police officer to a police station in accordance with a requirement under subsection (5)(a)(ii), a police officer must ensure that the person is returned to the place at which the requirement was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing.\n\t(7)\tA person against whom an interim firearms prohibition order is issued must give the Registrar written notice of an address for service.\n\t(8)\tAn interim firearms prohibition order expires 28 days after the Registrar is given written notice of the person's address for service. \n\t(9)\tThe Registrar may, on his or her own initiative, revoke an interim firearms prohibition order by written notice served personally or by post on the person against whom it is issued.\n44—Firearms prohibition order issued by Registrar\n\t(1)\tThe Registrar may issue a firearms prohibition order against a person if the Registrar is satisfied—\n\t(a)\tthat—\n\t(i)\tpossession of a firearm by the person would be likely to result in undue danger to life or property; or\n\t(ii)\tthe person is not a fit and proper person to possess a firearm,\nand that it is in the public interest that a firearms prohibition order should apply to the person; or\n\t(b)\tthat the person—\n\t(i)\tis a member of, or a participant in, a criminal organisation; or\n\t(ii)\thas been a member of an organisation that, at the time the order is issued, is a criminal organisation; or\n\t(iii)\tis the subject of a control order under the Serious and Organised Crime (Control) Act 2008.\n\t(2)\tFor the purposes of this Act, a firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.\n\t(3)\tA firearms prohibition order will be taken to be served personally on a person against whom an interim firearms prohibition order is in force if it is served by registered post on the person at the address for service notified to the Registrar by the person under section 43.\n\t(4)\tIf a police officer has reason to believe that a firearms prohibition order applies to a person, but the order has not been served on the person, the officer may—\n\t(a)\trequire the person to—\n\t(i)\tremain at a particular place for—\n\t(A)\tso long as may be necessary for the order to be served on the person; or\n\t(B)\t2 hours,\nwhichever is the lesser; or\n\t(ii)\taccompany the officer to the nearest police station for the order to be served; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a)(i).\n\t(5)\tIf a person accompanies a police officer to a police station in accordance with a requirement under subsection (4)(a)(ii), a police officer must ensure that the person is returned to the place at which the requirement was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing.\n\t(6)\tA firearms prohibition order served on a person must be accompanied by a notice setting out the Registrar's reasons for issuing the order. \n\t(7)\tIf the decision to issue the order was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(8)\tIf a person against whom a firearms prohibition order is issued has not already done so, the person must, at the request of the Registrar or a police officer, notify the Registrar or officer of an address for service within 48 hours of the request.\nMaximum penalty: $10 000.\n\t(9)\tThe Registrar may, on his or her own initiative or on application, revoke a firearms prohibition order by written notice served personally or by post on the person against whom it is issued.\n\t(10)\tFor the purposes of this section, a person is presumed, in the absence of proof to the contrary, to be a member of a criminal organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation.\n45—Effect of firearms prohibition order\n\t(1)\tWhile a firearms prohibition order is in force against a person, any licence or permit under this Act held by the person is suspended.\n\t(2)\tA person against whom a firearms prohibition order is in force must not acquire, possess or use a firearm, a firearm part, a sound moderator or ammunition.\n\t(a)\tin the case of a firearm—$75 000 or imprisonment for 15 years;\n\t(b)\tin the case of a firearm part, a sound moderator or ammunition—$35 000 or imprisonment for 7 years.\n\t(3)\tIf a firearms prohibition order comes into force against a person, the person must immediately surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person.\n\t(4)\tA person against whom a firearms prohibition order is in force—\n\t(a)\tmust not be present at—\n\t(i)\tthe grounds of a firearms club or paint-ball operator or the range of a commercial range operator; or\n\t(ii)\ta shooting gallery; or\n\t(iii)\tan arms fair; or\n\t(iv)\ta place at which a person carries on the business of repairing, modifying or testing firearms, firearm parts or ammunition or buying, selling or hiring out, firearms, firearm parts or ammunition; or\n\t(v)\ta place at which a person manufactures a firearm, firearm part or sound moderator; or\n\t(vi)\ta place at which a person carries on the business of refurbishing firearms; or\n\t(vii)\tany other place of a kind prescribed by the regulations; and\n\t(b)\tmust not become, or remain, a member of a firearms club; and\n\t(c)\tmust not be in the company of a person who has physical possession or control of a firearm.\nMaximum penalty: $50 000 or imprisonment for 10 years.\n\t(5)\tIt is a defence to a charge of an offence under subsection (4)(c) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had physical possession or control of a firearm.\n\t(6)\tA person against whom a firearms prohibition order is in force must not be present or reside at premises on which there is a firearm, a firearm part, a sound moderator or ammunition.\n\t(7)\tIt is a defence to a charge of an offence under subsection (6) to prove that the person did not know, and could not reasonably be expected to have known, that the firearm, firearm part, sound moderator or ammunition was on the premises.\n\t(8)\tA person against whom a firearms prohibition order is in force must inform each other person of or over the age of 18 years who resides or proposes to reside at the same premises as the person of the fact that a firearms prohibition order is in force against the person and ask each such person whether or not he or she has or proposes to have a firearm, a firearm part, a sound moderator or ammunition on the premises.\n\t(9)\tA person must not supply a firearm, a firearm part, a sound moderator or ammunition to a person to whom a firearms prohibition order applies or permit such a person to gain possession of a firearm, a firearm part, a sound moderator or ammunition.\n\t(a)\tin the case of a firearm—$75 000 or imprisonment for 15 years;\n\t(b)\tin the case of a firearm part, a sound moderator or ammunition—$35 000 or imprisonment for 7 years.\n\t(10)\tA person who has physical possession or control of a firearm must not be in the company of a person to whom a firearms prohibition order applies.\n\t(11)\tIf a person to whom a firearms prohibition order applies resides at premises, a person who brings a firearm, a firearm part, a sound moderator or ammunition onto the premises or has possession of a firearm, a firearm part, a sound moderator or ammunition on the premises is guilty of an offence.\n\t(12)\tIt is a defence to a charge of an offence under subsection (9), (10) or (11) to prove that the person did not know, and could not reasonably be expected to have known, that a firearms prohibition order applies to the person.\n\t(13)\tA police officer may require a person who the police officer suspects on reasonable grounds is a person against whom a firearms prohibition order is in force—\n\t(a)\tto state his or her full name, address and date of birth; and\n\t(b)\tto state the full names of the persons with whom he or she resides.\n\t(14)\tA person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under subsection (13).\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(15)\tA person against whom a firearms prohibition order is in force must, within 7 days, give the Registrar written notice, in a form approved by the Registrar, of a change of his or her address.\nMaximum penalty: $10 000.\n\t(16)\tFor the purposes of this section—\n\t(a)\tif a person to whom a firearms prohibition order applies—\n\t(i)\tis on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a firearm, a firearm part, a sound moderator or ammunition (a relevant item) is on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; or\n\t(ii)\twas on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) immediately before a relevant item was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft,\nthe person will be taken to possess the relevant item unless it is proved that the person did not know, and could not reasonably be expected to have known, that the relevant item was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; and\n\t(b)\ta person will be taken to acquire a firearm if—\n\t(i)\tthe person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of acquisition of the firearm; or\n\t(ii)\tthe person knowingly provides or arranges finance for any step in that process; or\n\t(iii)\tthe person knowingly provides the premises in which any step in that process is taken, or allows any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management; and\n\t(c)\ta person will be taken to supply a firearm if—\n\t(i)\tthe person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of supply of the firearm; or\n\t(ii)\tthe person knowingly provides or arranges finance for any step in that process; or\n\t(iii)\tthe person knowingly provides the premises in which any step in that process is taken, or allows any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management.\n\t(17)\tThe Registrar may exempt a person, unconditionally or subject to conditions, from a specified provision of this section and may vary or revoke an exemption by notice in writing served personally or by registered post on the holder of the exemption.\n","sortOrder":10},{"sectionNumber":"Part 9","sectionType":"part","heading":"Reviews","content":"Part 9—Reviews\n46—Review of interim firearms prohibition order by Registrar\n\t(1)\tA person to whom an interim firearms prohibition order applies may apply to the Registrar for review of the decision to issue the order.\n\t(2)\tThe making of an application under this section does not affect the operation of the decision to which the application relates.\n\t(3)\tOn a review, the Registrar may affirm the decision or revoke the interim firearms prohibition order.\n47—Review by Tribunal\n\t(1)\tA person aggrieved by a decision of the Registrar—\n\t(a)\tto refuse an application for a licence (including renewal of a licence), a permit or registration under this Act; or\n\t(b)\tto impose a limitation or condition of a licence (other than a limitation or condition prescribed by or under this Act) or a limitation or condition of a permit; or\n\t(c)\tto vary a licence or permit; or\n\t(d)\tto suspend or cancel a licence, permit or registration; or\n\t(e)\tto refuse to revoke suspension of a licence or permit; or\n\t(f)\tto issue a firearms prohibition order; or\n\t(g)\tto refuse to approve a person as a company's principal or secondary nominee or to revoke such an approval; or\n\t(h)\tdeclared to be reviewable by regulations made for the purposes of this section (including a decision of the Registrar made under the regulations),\nmay apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision.\n\t(2)\tIf the Registrar did not give reasons in writing at the time of making the decision, the Registrar must do so on request made within 28 days of the making of the decision.\n\t(3)\tIf a decision was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(4)\tThe Tribunal may, on the application of the Registrar, give such directions as the Tribunal thinks fit in relation to the requirement to give reasons under subsection (2) in order to ensure that an investigation of the Registrar following suspension of a licence or permit is not compromised.\n\t(5)\tAn application under subsection (1) must be made—\n\t(a)\twithin 28 days of the making of the decision; or\n\t(b)\tif a request for reasons in writing is made under subsection (2)—within 28 days after receipt of the reasons in writing or, if the Registrar has made an application under subsection (4), within a period determined by the Tribunal.\n\t(6)\tThe Tribunal may, in the Tribunal's discretion, extend the time for making an application under this section even if the time for making the application has ended.\n48—Related provisions\n\t(1)\tIn proceedings before the Tribunal under this Act, or on an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, the Tribunal or the Court (as the case requires)—\n\t(a)\tmust, on the application of the Registrar, take steps to maintain the confidentiality of information classified by the Registrar as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the Registrar by way of affidavit of a police officer of or above the rank of superintendent.\n\t(2)\tIf the Tribunal did not give reasons in writing at the time of making a decision, the Tribunal must do so on request made within 28 days of the making of the decision.\n\t(3)\tIf a decision was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(4)\tAn application for an appeal against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, must be made—\n\t(a)\twithin 28 days of the making of the decision; or\n\t(b)\tif a request for reasons in writing is made under subsection (2)—within 28 days after receipt of the reasons in writing.\n","sortOrder":11},{"sectionNumber":"Part 10","sectionType":"part","heading":"Administration","content":"Part 10—Administration\n49—Registrar\n\t(1)\tThe Commissioner of Police is the Registrar of Firearms.\n\t(2)\tThe Registrar may delegate a power or function of the Registrar under this Act to a particular person or to the person for the time being performing particular duties or holding or acting in a particular position.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will by the delegator.\n\t(5)\tThe Registrar may not delegate—\n\t(a)\tthe function of classifying information as criminal intelligence for the purposes of this Act; or\n\t(b)\tthe exercise of the power under section 8(6) to exempt a specified person from specified provisions of this Act (or to vary or revoke an exemption),\nexcept to a Deputy Commissioner or Assistant Commissioner of Police.\n50—Registers\n\t(1)\tThe Registrar must maintain—\n\t(a)\ta register of licences issued under this Act; and\n\t(b)\ta register of firearms registered under this Act; and\n\t(c)\ta register or registers of firearms prohibition orders issued under this Act.\n\t(2)\tIf the Registrar is satisfied that a person has a proper interest in the contents of a register, the Registrar may permit that person to inspect the register, or portion of the register.\n\t(3)\tA register of firearms prohibition orders must be made available to the public by electronic or other means.\n\t(4)\tHowever, the Registrar may, at his or her discretion, determine that there is to be no public access to certain entries on a register or that access to certain entries is to be restricted to specified persons or classes of persons.\n\t(5)\tThe Registrar may integrate a register maintained under this section with other law enforcement systems maintained in South Australia or elsewhere.\n51—Provision of information by government agencies etc to Registrar\nAn agency or instrumentality of the Crown in right of this State must, at the request of the Registrar, provide the Registrar with information, reports or other documents relating to the possession, use or management of firearms, firearm parts and ammunition in possession of the agency or instrumentality.\n52—Exchange of information with agencies etc\nThe Registrar may enter into an agreement or arrangement providing for the exchange of information held or obtained in the course of the administration or enforcement of this Act with an agency or instrumentality (whether in this State, the Commonwealth, another State or Territory of the Commonwealth or another jurisdiction) or some other prescribed body or person.\n53—Power of Registrar to require medical examination or medical report\n\t(1)\tThe Registrar may, as reasonably required for the purposes of determining whether a person is a fit and proper person for a purpose under this Act, require the person to—\n\t(a)\tsubmit to an examination by a health professional, or by a health professional of a class, specified by the Registrar; or\n\t(b)\tprovide a medical report from a health professional, or from a health professional of a class, specified by the Registrar,\n(including an examination or report that will require the person to submit to a blood test or some other prescribed procedure).\n\t(2)\tIn this section—\nhealth professional means—\n\t(a)\ta medical practitioner; or\n\t(b)\ta psychologist; or\n\t(c)\ta person of a class prescribed by the regulations.\n54—Power of Registrar to investigate\n\t(1)\tThe Registrar, or a person authorised by the Registrar, may, for the purpose of determining whether a person should be granted, or continue to hold, a licence, permit, authorisation or approval under this Act, or whether a licence, permit, authorisation or approval under this Act should be varied—\n\t(a)\trequire a person to do 1 or more of the following:\n\t(i)\tto answer questions and, for that purpose, to be present or attend at a specified place and time as reasonably required by the Registrar;\n\t(ii)\tto provide information, or to produce material for inspection, that the Registrar reasonably requires; or\n\t(b)\tat any reasonable time, enter and inspect any premises; or\n\t(c)\twhile on premises entered under paragraph (b), seize anything found on the premises that the Registrar or other person acting under this section reasonably believes may assist in making the determination.\n\t(2)\tThe Registrar or other person acting under this section may retain any material produced or seized under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents.\n\t(3)\tThe Registrar or other person acting under this section must not exercise the power conferred by subsection (1)(b) in relation to any premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.\n\t(4)\tA magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.\n\t(5)\tA person is guilty of an offence if the person fails or refuses, without reasonable excuse, to—\n\t(a)\tcomply with a requirement under this section; or\n\t(b)\tanswer a question put by the Registrar or a person authorised by the Registrar to the best of his or her knowledge, information and belief.\n\t(6)\tThis section does not limit or affect a power of investigation or inquiry that exists apart from this section.\n55—Power of police officer to require information\n\t(1)\tA police officer may require a person who the police officer suspects on reasonable grounds has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name, date of birth and usual place of residence and to produce evidence of the person's identity.\n\t(2)\tWithout limiting the operation of subsection (1), a police officer may require—\n\t(a)\ta person who the police officer suspects on reasonable grounds is a person to whom this subsection applies—\n\t(i)\tto state his or her full name, address and date of birth; and\n\t(ii)\tto state whether he or she is the owner of the firearm or firearm related item and, if not, to state the name of the owner of the firearm or firearm related item; and\n\t(iii)\tto answer questions relating to the firearm or firearm related item or to other persons who have, or have had, possession, of the firearm or firearm related item; or\n\t(b)\tthe owner of a firearm or firearm related item to answer questions relating to—\n\t(i)\tthe whereabouts of the firearm or firearm related item; or\n\t(ii)\tthe person or persons who have, or have had, possession of the firearm or firearm related item.\n\t(3)\tSubsection (2) applies—\n\t(a)\tto a person who has, or recently has had, in his or her possession a firearm or firearm related item;\n\t(b)\tto a person who is in the company of a person who has, or recently has had, in his or her possession a firearm or firearm related item;\n\t(c)\tto a person who is an occupier or in charge of premises or a vehicle, vessel or aircraft on or in which a firearm or firearm related item is found;\n\t(d)\tto a person who is or was on or in any premises, vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) at the time or immediately before a firearm or firearm related item is found on or in the premises, vehicle, vessel or aircraft.\n\t(4)\tThe police officer may, if he or she thinks fit to do so, require a person who has given information in response to a requirement under this section to produce such evidence as may be stipulated by the police officer to verify the information.\n\t(5)\tA person is guilty of an offence if the person fails or refuses, without reasonable excuse, to—\n\t(a)\tcomply with a requirement under this section; or\n\t(b)\tanswer a question put by a police officer to the best of his or her knowledge, information and belief.\n\t(6)\tA person may, at the discretion of the prosecutor, be prosecuted for a summary offence, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.\n\t(7)\tA person may not decline on grounds of self‑incrimination to answer a question put by a police officer under subsection (2)(b) but the answer to any such question is not admissible except in proceedings for an offence under this section.\n\t(8)\tIn this section—\nfirearm related item means—\n\t(a)\ta firearm part; or\n\t(b)\ta sound moderator; or\n\t(c)\tammunition; or\n\t(d)\ta restricted firearm mechanism.\n56—Power of police officer or warden to require production of licence etc\n\t(1)\tA person who has possession of a firearm must, at the request of a police officer or a warden under the National Parks and Wildlife Act 1972—\n\t(a)\tproduce a firearms licence authorising his or her possession of the firearm and the certificate of registration of the firearm for inspection by the police officer or warden (or, if production of the licence or certificate is not possible at the time of the request, the person must produce the licence or certificate within 48 hours for inspection by a police officer at a police station nominated by that person at the time of the request); and\n\t(b)\tproduce the firearm for inspection or, if production is not possible at the time of the request, produce the firearm within 48 hours for inspection by a police officer at a police station nominated by the person at the time of the request.\n\t(2)\tAn apparently genuine document purporting to be signed by the Commissioner of Police, and to certify that a licence, certificate of registration or a firearm has not been produced as required under this section, will, in the absence of proof to the contrary, be accepted as proof of the matter so certified.\n\t(3)\tA warden under the National Parks and Wildlife Act 1972 can only act under subsection (1) when the person in possession of a firearm is on a reserve constituted under that Act.\n57—Power to inspect or seize firearms etc\n\t(1)\tThe owner of a firearm must, at the request of a police officer, produce the firearm for inspection at a specified place at a specified time or within a specified period.\n\t(2)\tA police officer may seize a firearm if the police officer suspects on reasonable grounds that—\n\t(a)\tthe firearm is unregistered; or\n\t(b)\tan offence under this Act has been committed, or is being committed, with respect to the firearm; or\n\t(c)\tthe firearm has been forfeited to the Crown by order of a court; or\n\t(d)\ta person who has possession of the firearm is not a fit and proper person to have possession of the firearm; or\n\t(e)\tcontinued possession of the firearm by a person would be likely to result in undue danger to life or property; or\n\t(f)\ta person has possession of the firearm in contravention of an order of a court whether the order was made in South Australia or in any other State or Territory of the Commonwealth; or\n\t(g)\ta person has possession of the firearm in contravention of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; or\n\t(h)\tthe holder of a firearms licence authorising use of the firearm can no longer use the firearm for the purpose authorised under the licence; or\n\t(i)\tthe firearm is mechanically unsafe; or\n\t(j)\tthe firearm (not being a prescribed firearm)—\n\t(i)\tis particularly dangerous by reason of its design, construction or any other factor; or\n\t(ii)\tcould easily be converted to an automatic firearm; or\n\t(iii)\tby reason of its size or any other factor, could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use.\n\t(3)\tIf a police officer suspects on reasonable grounds that a person has possession of a firearm, firearm part, sound moderator, prohibited firearm accessory or restricted firearm mechanism in contravention of this Act, the police officer may seize the firearm, firearm part, sound moderator, prohibited firearm accessory or restricted firearm mechanism.\n\t(4)\tIf a police officer suspects on reasonable grounds that a person has possession of ammunition that has been acquired or is held in contravention of this Act, the police officer may seize the ammunition.\n\t(5)\tIf a police officer suspects on reasonable grounds that a person has possession of a firearm, a firearm part or ammunition in contravention of—\n\t(a)\ta condition of a bail agreement under the Bail Act 1985; or\n\t(b)\ta condition of the person's release on parole under the Correctional Services Act 1982; or\n\t(c)\ta condition of the person's release on licence under the Sentencing Act 2017; or\n\t(d)\ta condition of a bond under the Sentencing Act 2017; or\n\t(e)\ta condition of the person's release on licence under the Criminal Law Consolidation Act 1935; or\n\t(f)\ta condition of the person's release on licence under the Young Offenders Act 1993; or\n\t(g)\tany other Act,\nthe police officer may seize the firearm, firearm part or ammunition.\n\t(6)\tIf a police officer suspects on reasonable grounds that—\n\t(a)\ta person has possession of a licence authorising possession of a firearm that has been seized under this section; or\n\t(b)\ta person has possession of a licence in contravention of an order of a court; or\n\t(c)\ta person has possession of a licence in contravention of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; or\n\t(d)\ta person has possession of a licence that has been cancelled or suspended or is not otherwise in force under this Act; or\n\t(e)\ta person has possession of a licence for an illegal purpose; or\n\t(f)\ta person who has possession of a licence is not a fit and proper person to have possession of the licence,\nthe police officer may require the person to surrender the licence to him or her immediately and, if the person refuses or fails to comply with such a requirement, seize the licence.\n\t(7)\tA police officer may stop, detain and search or detain and search—\n\t(a)\tany vehicle, vessel or aircraft on which the police officer suspects on reasonable grounds that there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section; or\n\t(b)\tany person who the police officer suspects on reasonable grounds has possession of a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section.\n\t(8)\tIf a police officer suspects on reasonable grounds that a person who has possession of a firearm has failed to keep the firearm safely and securely and in accordance with the requirements of this Act, the police officer may inspect the firearm and the means (if any) by which it has been secured.\n\t(9)\tA police officer may enter and search any premises in which the police officer suspects on reasonable grounds—\n\t(a)\tthere is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section; or\n\t(b)\tthere is a firearm that has not been kept safely and securely and in accordance with the requirements of this Act.\n\t(10)\tFor the purposes of this section, there will be reasonable cause to suspect that a firearm has not been kept safely and securely and in accordance with the requirements of this Act if the firearm is in the possession of a licensee who has failed to comply with a condition of the licence—\n\t(a)\tthat the licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar; or\n\t(b)\tthat the licensee must permit inspection by a police officer at any reasonable time of the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms.\n\t(11)\tA police officer may, as reasonably required for the purpose of ensuring compliance with a firearms prohibition order issued by the Registrar or to which a person is subject by order of a court—\n\t(a)\tdetain a person to whom this subsection applies and search the person for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section; and\n\t(b)\tstop and detain a vehicle, vessel or aircraft to which this subsection applies and search the vehicle, vessel or aircraft for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section; and\n\t(c)\tenter premises to which this subsection applies and search the premises for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section.\n\t(12)\tSubsection (11) applies—\n\t(a)\tto a person who a police officer suspects on reasonable grounds is a person to whom a firearms prohibition order issued by the Registrar applies or to which the person is subject by order of a court; and\n\t(b)\tto a vehicle, vessel or aircraft that a police officer suspects on reasonable grounds—\n\t(i)\tis in the charge of a person to whom the subsection applies; or\n\t(ii)\tis a vehicle, vessel or aircraft in which a person to whom this subsection applies is or was a passenger (other than a vehicle, vessel or aircraft to which the public are admitted); and\n\t(c)\tto premises that a police officer suspects on reasonable grounds—\n\t(i)\tare occupied by, or under the care, control or management of, a person to whom the subsection applies; or\n\t(ii)\tare premises in which a person to whom this subsection applies is or was present (other than premises to which the public are admitted).\n\t(13)\tA police officer may, with such assistance as he or she considers appropriate, use such reasonable force as is necessary to—\n\t(a)\tbreak into any premises, vehicle, vessel or aircraft in order to gain entry or conduct a search under this section; and\n\t(b)\tif reasonably necessary for the purposes of conducting a search, break into or open anything in or on the premises, vehicle, vessel or aircraft.\n\t(14)\tIf a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, is delivered or seized under this section, it must be forwarded immediately to the Registrar.\n58—Return of licence that has been surrendered or seized\nIf a licence has been surrendered to or seized by a police officer under this Part and the licence has not been suspended or cancelled, it must, subject to the order of any court, be dealt with as follows:\n\t(a)\tif the firearm to which the licence relates has been seized—the licence must be returned to the holder on the return of the firearm to its owner;\n\t(b)\tin any other case—the licence must be returned to the holder at the expiration of 90 days from the date of surrender or seizure.\n59—Seizure and forfeiture of equipment etc\n\t(1)\tIf a police officer suspects on reasonable grounds that an offence against section 37 or 38 has been committed, is being committed or will be committed, the officer may seize any equipment, device, object or document reasonably suspected of being used, or intended for use, for, or in connection with, the commission of the offence.\n\t(2)\tIf equipment, a device, an object or a document is seized under subsection (1), the Registrar may institute proceedings for forfeiture of the equipment, device, object or document before a court of summary jurisdiction.\n\t(3)\tIf, in proceedings under subsection (2), the court is satisfied that the equipment, device, object or document was used or intended for use for, or in connection with, the commission of an offence against section 37 or 38, the court may order that the equipment, device, object or document be forfeited to the Crown, or make such other order for the disposal of the equipment, device, object or document as it thinks appropriate.\n\t(4)\tIf a court finds a person guilty of an offence against section 37 or 38 and the court finds that any equipment, device, object or document was involved in the commission of the offence, the court may order that the equipment, device, object or document be forfeited to the Crown or be disposed of in such manner as the court directs.\n\t(5)\tIf a police officer suspects on reasonable grounds that equipment, a device, an object or a document has been forfeited to the Crown by order of a court, the police officer may seize that equipment, device, object or document.\n\t(6)\tEquipment, a device, an object or a document seized under this section may be held—\n\t(a)\tuntil—\n\t(i)\tproceedings are instituted for—\n\t(A)\tan order under this section; or\n\t(B)\tan offence against section 37 or 38 for which, or in connection with which, the equipment, device, object or document is alleged to have been used,\nor a decision is made not to institute such proceedings; or\n\t(ii)\tthe expiration of 12 months after the equipment, device, object or document was seized,\nwhichever first occurs; or\n\t(b)\tif proceedings of either kind referred to in paragraph (a)(i) are instituted within 12 months after the equipment, device, object or document was seized—until those proceedings are finally determined.\n\t(7)\tThe Registrar may sell or otherwise dispose of equipment, a device, an object or a document forfeited to the Crown under this section.\n\t(8)\tSubject to this Act and the regulations, the proceeds of the sale or disposal of equipment, a device, an object or a document under this section must be paid into the Consolidated Account.\n60—Public safety notices\n\t(1)\tIf a senior police officer considers that it is necessary or desirable to address an issue or perceived issue of public safety or to mitigate adverse consequences arising from an issue or perceived issue of public safety, the officer may issue a notice (a public safety notice) in respect of regulated premises to the owner or occupier of those premises.\n\t(2)\tUnless the urgency of the circumstances require otherwise, the senior police officer must, before issuing a public safety notice in respect of regulated premises, give the owner or occupier of the premises a reasonable opportunity to make submissions about the making of the notice and its proposed terms (however, failure to comply with this subsection does not affect the validity of the notice).\n\t(3)\tA public safety notice may impose 1 or more of the following requirements on the person to whom the notice is directed:\n\t(a)\ta requirement that the person provide information, or produce for inspection material in his or her possession, relating to the premises, or to activities carried on at the premises, within a time specified in the notice;\n\t(b)\ta requirement that the person ensure that the premises be closed and remain closed for a specified period;\n\t(c)\ta requirement that the person ensure that specified activities or operations at the premises be discontinued or not commenced for a specified period;\n\t(d)\ta requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions;\n\t(e)\ta requirement that the person take action in relation to the premises as specified in the notice.\n\t(4)\tThe Registrar may retain material produced under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents.\n\t(5)\tA person to whom a public safety notice is directed is guilty of an offence if the person fails, without reasonable excuse, to comply with a requirement imposed by the notice.\nMaximum penalty: $20 000 or imprisonment for 4 years.\n\t(6)\tA public safety notice takes effect when served on the person to whom the notice is directed or at a later time specified in the notice and, subject to subsection (9), remains in force for a period of not more than 72 hours specified in the notice.\n\t(7)\tA public safety notice may not be issued except with the approval of the Minister if the premises has been subject to another public safety notice within the 72 hours immediately preceding the period for which the notice would apply.\n\t(8)\tA public safety notice issued with the approval of the Minister under subsection (7) remains in force for a period determined by the Minister and specified in the notice.\n\t(9)\tThe Minister may, if he or she is satisfied that it is in the public interest to do so, determine that a public safety notice issued with his or her approval under subsection (7) is to remain in force for a period that exceeds 72 hours.\n\t(10)\tIf a public safety notice is issued with the approval of the Minister under subsection (7), the person to whom the notice is directed may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Minister to give the approval.\n\t(11)\tAn approval of the Minister under subsection (7) must be in writing and must set out—\n\t(a)\tthe reasons for the approval; and\n\t(b)\tif the Minister has determined that the notice to which the approval relates is to remain in force for more than 72 hours—the reasons for that determination,\nand must be provided to the person to whom the notice is directed.\n\t(12)\tIf the approval of the Minister was given because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the approval was given on public interest grounds.\n\t(13)\tA public safety notice may be varied or revoked by a senior police officer by notice in writing served on the person to whom the notice is directed.\n\t(14)\tThe requirements of a public safety notice operate despite any contrary terms and conditions of a licence or approval under this Act.\n\t(15)\tNo civil liability attaches to a senior police officer or the Crown in respect of an act or omission in good faith in the making, variation or revocation of a public safety notice.\n\t(16)\tIn this section—\npremises includes—\n\t(a)\tland; and\n\t(b)\tany building or structure on land; and\n\t(c)\ta part of premises,\nbut does not include residential premises;\nregulated premises means premises at which firearms, firearms parts or ammunition are used, held, stored or displayed in connection with the activities or operations of recognised firearms clubs, commercial ranges, the operations of paint‑ball operators or the business of licensed dealers or foreign firearms dealers;\nsenior police officer means the Registrar or a police officer of or above the rank of superintendent.\n61—Obstruction of police officer\nA person who hinders or resists a police officer acting in the exercise of powers conferred by this Act is guilty of an offence.\n","sortOrder":12},{"sectionNumber":"Part 11","sectionType":"part","heading":"Surrender and forfeiture of firearms etc","content":"Part 11—Surrender and forfeiture of firearms etc\n62—Procedures on surrender of firearms etc\n\t(1)\tThis section does not apply to a person if—\n\t(a)\tthe person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or\n\t(b)\tthe operation of this section in relation to the person would conflict with an order of a court whether in South Australia or any other State or Territory of the Commonwealth.\n\t(2)\tIf a firearm, a firearm part, a sound moderator or ammunition is surrendered to the Registrar under this Act as a result of—\n\t(a)\tthe cancellation, suspension or variation of a licence authorising possession of a firearm; or\n\t(b)\tthe refusal of the Registrar to renew such a licence; or\n\t(c)\tthe cancellation of the registration of a firearm,\nthe firearm, firearm part, sound moderator or ammunition must be retained by the Registrar until it is dealt with in accordance with this section.\n\t(3)\tThe Registrar may, subject to subsection (4), give a written direction to the person who held, or applied for renewal of, the licence or in whose name the firearm was registered (as the case requires) to arrange for the surrendered item to be transferred to a licensed dealer or other person approved by the Registrar, for sale or disposal on behalf of the person.\n\t(4)\tA direction may not be given by the Registrar under subsection (3)—\n\t(a)\tuntil the period allowed for review of the cancellation, suspension, variation or refusal under Part 9 has expired; or\n\t(b)\tif an application for review has been made—\n\t(i)\tuntil the review lapses; or\n\t(ii)\tin the case of a review that is finally determined—until the period allowed for an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 (if any) has expired or, if an appeal has been instituted, until the appeal has lapsed or been finally determined,\nand unless the Registrar is satisfied that the person is not entitled to lawful possession of the surrendered item.\n\t(5)\tIf a person fails to comply with a direction of the Registrar under subsection (3) within 90 days after the day on which the direction is given, or within such longer period as may be allowed by the Registrar, a surrendered item to which the direction relates is forfeited to the Registrar by force of this subsection.\n\t(6)\tAn item forfeited under subsection (5) may be sold or otherwise disposed of by the Registrar and, subject to the regulations, any proceeds of sale or disposal must be paid into the Consolidated Account.\n\t(7)\tDespite subsections (3) and (4), the Registrar may—\n\t(a)\tat the request of the person who surrendered a surrendered item—\n\t(i)\tconsent to the person arranging for the transfer of the item to a licensed dealer or other person approved by the Registrar for sale or disposal of the item on behalf of the person; or\n\t(ii)\tauthorise the collection of the item by a person to whom the item has been sold (provided that the Registrar is satisfied that the person is entitled to lawful possession of the item); or\n\t(b)\tif satisfied that the person who surrendered a surrendered item, or some other person, is entitled to lawful possession of the item, authorise the collection of the item by that person.\n\t(8)\tA surrendered item transferred to a person approved by the Registrar in accordance with subsection (3) or (7)(a)(i) must be delivered by the person to a licensed dealer as soon as reasonably practicable.\n\t(9)\tIf—\n\t(a)\tthe Registrar—\n\t(i)\thas authorised collection of a surrendered item; and\n\t(ii)\thas made a reasonable attempt to notify the owner of the item in accordance with the requirements of the regulations that the surrendered item is available for collection; and\n\t(b)\tthe surrendered item is not collected within the period allowed by the regulations by the owner or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the surrendered item,\nthe surrendered item is forfeited to the Registrar by force of this subsection.\n\t(10)\tAn item forfeited under subsection (9) may be sold or otherwise disposed of by the Registrar and, subject to the regulations, any proceeds of sale or disposal must be paid into the Consolidated Account.\n\t(11)\tA licensed dealer or a person approved by the Registrar to whom a surrendered item is transferred under this section must comply with any conditions imposed by the Registrar in relation to the surrendered item.\n\t(12)\tNothing in this section authorises a person who is not entitled to lawful possession of a surrendered item to have access to the item for the purposes of transferring the item to a licensed dealer or while it is kept by the dealer for sale or disposal under this section.\n\t(13)\tIn this section—\nsurrendered item means a firearm, a firearm part, a sound moderator or ammunition surrendered to the Registrar under this Act in circumstances referred to in subsection (2).\n63—Forfeiture of firearms etc\n\t(1)\tThe Registrar may institute proceedings before a court of summary jurisdiction for forfeiture of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, that has been seized under this Act or any other law (a seized item).\n\t(2)\tIf, in proceedings under subsection (1), a court is satisfied—\n\t(a)\tthat possession of a seized item by its owner would not be authorised under this Act or would be in contravention of an order of a court whether the order was made in South Australia or in any other State or Territory of the Commonwealth; or\n\t(b)\tthat the return of a seized item to its owner would be likely to result in undue danger to life or property; or\n\t(c)\tthat the whereabouts of the owner of a seized item has not been, and is not likely to be, ascertained by reasonable inquiry; or\n\t(d)\tthat the owner of a seized item has failed to comply with the requirements of this Act in relation to the safe storage or transport of the item or has been guilty of any offence under this Act with respect to the item; or\n\t(e)\tthat the return of a seized item to its owner would not be in the public interest; or\n\t(f)\tin the case of a firearm, that—\n\t(i)\tthe firearm is mechanically unsafe; or\n\t(ii)\tthe firearm is particularly dangerous by reason of its design, construction or any other factor; or\n\t(iii)\tthe firearm could easily be converted to an automatic firearm; or\n\t(iv)\tby reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use,\nthe court may order that the seized item be forfeited to the Crown, or make such other order for the disposal of the item as it thinks appropriate.\n\t(3)\tA seized item may be held under this subsection—\n\t(a)\tuntil—\n\t(i)\tproceedings are instituted for an order under this section or for an offence in relation to the seized item against the owner of the seized item or a decision is made not to institute such proceedings; or\n\t(ii)\tthe expiration of 12 months after the seized item was seized,\nwhichever first occurs;\n\t(b)\tif proceedings of either kind referred to in paragraph (a)(i) are instituted within 12 months after the seized item was seized—until those proceedings are finally determined.\n64—General amnesty\n\t(1)\tIf a person who has unauthorised possession of a firearm or ammunition, or a firearm part, prohibited firearm accessory, sound moderator or a restricted firearm mechanism, (an unauthorised item) brings the unauthorised item to a police station, or to another location approved by the Registrar, and surrenders it to the Registrar, no action is to be taken against the person in respect of any offence relating to the unauthorised possession of the item by that person.\n\t(2)\tA person who surrenders an unauthorised item under this section (other than a prohibited firearm accessory) may make application to the Registrar for the necessary authority under this Act to acquire, possess or use the item.\n\t(3)\tIf a person has not made an application under this Act to obtain the necessary authority to acquire, possess or use the item within 28 days of surrendering the item, the Registrar may sell or otherwise dispose of the item as the Registrar thinks fit.\n\t(4)\tThe Registrar must not sell or otherwise dispose of an unauthorised item until all applications made by the person in order to obtain the necessary authority to possess the item under this Act have been finally determined.\n65—Disposal of forfeited or surrendered firearms etc\n\t(1)\tThe Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism forfeited to the Crown under this or any other Act.\n\t(2)\tSubject to this Act and the regulations, the Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism surrendered to the Registrar.\n\t(3)\tIf a court makes an order confiscating a firearm to the custody of the Registrar but does not make an order as to the manner in which the firearm should be disposed of or dealt with, the Registrar must, subject to a further order of the court or the order of any other court, keep the firearm for 1 year and must then sell or otherwise dispose of it as the Registrar thinks fit.\n\t(4)\tSubject to this Act and the regulations, the proceeds of the sale or disposal of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, under this section must be paid into the Consolidated Account.\n\t(5)\tIf a firearms prohibition order applies to a person and the person surrenders a firearm, a firearm part, a sound moderator or ammunition (a surrendered item) owned by the person to the Registrar, the following provisions apply, subject to the regulations:\n\t(a)\tsubject to paragraph (e), the Registrar must retain the surrendered item—\n\t(i)\tin the case of an interim firearms prohibition order—for the period that the order applies to the person; and\n\t(ii)\tin any other case—for the period allowed for an appeal against the order or, if an appeal has been instituted, until the appeal lapses or is finally determined;\n\t(b)\tat the end of the period for which the Registrar is required to retain the surrendered item under paragraph (a)—\n\t(i)\tif the person is subject to a firearms prohibition order, the Registrar must—\n\t(A)\tcomply with the requirements of the regulations as to the sale or disposal of the surrendered item; and\n\t(B)\tpay the proceeds of the sale or disposal (if any) to the person;\n\t(ii)\tif the person is not then subject to a firearms prohibition order, the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the item;\n\t(c)\tif the person ceases to be subject to a firearms prohibition order before the end of the period referred to in paragraph (a)(ii), the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the surrendered item;\n\t(d)\tif a surrendered item is made available for collection under this subsection but is not collected within the period allowed by the regulations, the Registrar may sell or otherwise dispose of the surrendered item and, subject to the regulations, pay the proceeds of the sale or disposal into the Consolidated Account;\n\t(e)\tthe Registrar may, during the period for which the Registrar would otherwise be required to retain the item—\n\t(i)\tauthorise the person to arrange for the transfer of the surrendered item to a licensed dealer or other person approved by the Registrar for sale or disposal; or\n\t(ii)\tauthorise the collection of the surrendered item by a person to whom the item has been sold (provided that the Registrar is satisfied that the person is entitled to lawful possession of the item).\n\t(6)\tA surrendered item transferred to a person approved by the Registrar in accordance with subsection (5)(e)(i) must be delivered by the person to a licensed dealer as soon as reasonably practicable.\n\t(7)\tNothing in subsection (5)(e) authorises a person who is not entitled to lawful possession of the surrendered item to have access to the item for the purposes of transferring it to the licensed dealer or person approved by the Registrar, or while it is kept by the dealer or person for sale or disposal.\n","sortOrder":13},{"sectionNumber":"Part 12","sectionType":"part","heading":"Powers of court","content":"Part 12—Powers of court\n66—Powers of court\n\t(1)\tIf a court finds a person guilty of an offence under this or any other Act and the court finds that a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, was involved in the commission of the offence, the court may make 1 or more of the following orders:\n\t(a)\tthat the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism be forfeited to the Crown or be disposed of in such other manner as the court directs;\n\t(b)\tthat a licence held by the person is subject to specified conditions;\n\t(c)\tthat a licence held by the person is suspended for a specified period or until further order;\n\t(d)\tthat a licence held by the person is cancelled;\n\t(e)\tthat the person is disqualified from holding or obtaining a licence for a specified period or until further order;\n\t(f)\tthat the person is subject to a firearms prohibition order until further order.\n\t(2)\tIf, in the course of proceedings before a court, the court forms the view that a party to the proceedings who has possession of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, is not a fit and proper person to have possession of the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism, the court may make 1 or more of the following orders:\n\t(a)\tthat the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism be disposed of in such manner as the court directs;\n\t(b)\tthat a licence held by the party is subject to specified conditions;\n\t(c)\tthat a licence held by the party is suspended for a specified period or until further order;\n\t(d)\tthat a licence held by the party is cancelled;\n\t(e)\tthat the party is disqualified from holding or obtaining a licence for a specified period or until further order;\n\t(f)\tthat the party is subject to a firearms prohibition order until further order.\n\t(3)\tIf a court makes an order that a person is subject to a firearms prohibition order—\n\t(a)\tthe order operates as a firearms prohibition order in force against the person under Part 8; and\n\t(b)\tthe court may exercise the powers of the Registrar under section 45(17) to grant an exemption from specified provisions of that section.\n\t(4)\tIf a court makes an order under this section, the Registrar of the court must notify the Registrar of Firearms of the details of the order.\n\t(5)\tIf a court makes an order that a licence held by a person is suspended or cancelled, the person must surrender to the Registrar all firearms, ammunition, firearm parts and sound moderators owned by or in the possession of the person within 7 days of the making of the order or as otherwise directed by the court.\n\t(b)\tin the case of a firearm part, sound moderator or ammunition—$20 000 or imprisonment for 4 years.\n\t(6)\tFor the purposes of subsection (1), a declaration by a court under Part 8A of the Criminal Law Consolidation Act 1935 that a person is liable to supervision in relation to an offence will be taken to be a finding by the court that the person is guilty of the offence.\n66A—Cumulative sentences of imprisonment for certain offences\n\t(1)\tIf a person is convicted by a court of an offence against section 9 and an offence against section 31(1), the court must make any sentences of imprisonment imposed for the 2 offences cumulative unless the court is satisfied that special reasons exist for not doing so.\n\t(2)\tIf a person is convicted by a court of an offence against section 22(2)(a) and an offence against section 31(4), the court must make any sentences of imprisonment imposed for the 2 offences cumulative unless the court is satisfied that special reasons exist for not doing so.\n","sortOrder":14},{"sectionNumber":"Part 13","sectionType":"part","heading":"Miscellaneous","content":"Part 13—Miscellaneous\n67—Firearms clubs, commercial range operators and paint-ball operators\nThe regulations may make provision in relation to—\n\t(a)\tthe recognition of firearms clubs, commercial range operators and paint-ball operators; and\n\t(b)\tthe approval of—\n\t(i)\tgrounds of recognised firearms clubs; and\n\t(ii)\tranges of recognised commercial range operators; and\n\t(iii)\tgrounds of recognised paint-ball operators; and\n\t(c)\tapplications for, and conditions of, recognition of clubs or operators or approval of grounds or ranges; and\n\t(d)\tthe variation of conditions of recognition of clubs or operators or approval of grounds or ranges; and\n\t(e)\tthe revocation of recognition of clubs or operators or approval of grounds or ranges; and\n\t(f)\tthe keeping of records and the furnishing of information and documents to the Registrar by—\n\t(i)\trecognised firearms clubs; and\n\t(ii)\trecognised commercial range operators; and\n\t(iii)\trecognised paint-ball operators; and\n\t(g)\tthe membership of recognised firearms clubs, including the expulsion of members; and\n\t(h)\tmandatory reporting obligations of recognised firearms clubs, recognised commercial range operators or recognised paint-ball operators with respect to prescribed matters or circumstances; and\n\t(i)\tentry into, and inspection of, the grounds of recognised firearms clubs and paint-ball operators and ranges of recognised commercial range operators by the Registrar or a person authorised by the Registrar for the purposes of determining applications for approval, reviewing approvals or determining whether conditions of approvals are being or have been contravened; and\n\t(j)\tany other matter relating to—\n\t(i)\trecognised firearms clubs, recognised commercial range operators or recognised paint-ball operators; or\n\t(ii)\tthe approved grounds or ranges of recognised firearms clubs, recognised commercial range operators or recognised paint-ball operators.\n68—Offence to misuse, forge etc authorisation\n\t(1)\tA person is guilty of an offence if the person—\n\t(a)\tfalsely represents himself or herself to be the holder of an authorisation (whether or not it is in force); or\n\t(b)\tgives possession of an authorisation to another person for the purpose of its unlawful use; or\n\t(c)\tsteals an authorisation; or\n\t(d)\tforges or fraudulently alters an authorisation; or\n\t(e)\tknowingly has possession of, or uses, a forged, fraudulently altered, borrowed or stolen authorisation.\n\t(2)\tIn this section—\nauthorisation means a licence, permit, authorisation or approval under this Act or under corresponding legislation of another State or Territory of the Commonwealth.\n69—False or misleading information\n\t(1)\tA person is guilty of an offence if the person makes a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act.\n\t(a)\tif the person is a licensed dealer and the statement is included in information provided or a record kept in the ordinary course of the business of the licensed dealer—$20 000 or imprisonment for 4 years;\n\t(b)\tin any other case—$10 000 or imprisonment for 2 years.\n\t(2)\tIt is a defence to a charge under subsection (1) to prove that the defendant believed on reasonable grounds that the information was true.\n70—Statutory declaration\nIf a person is required to provide information to the Registrar under this Act, the Registrar may require the information to be verified by statutory declaration and, in that event, the person will be taken not to have provided the information as required unless it has been verified in accordance with the requirements of the Registrar.\n71—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n72—Offences by companies\n\t(1)\tIf a company is guilty of an offence under this Act, the directors of the company and the company's principal nominee (if any) are each guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that the director or nominee (as the case may be) could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the company.\n\t(2)\tA director or company's principal nominee may be prosecuted and convicted of an offence under this section whether or not there has been a finding by a court that the company committed the principal offence.\n73—Accessories and conspiracy\n\t(1)\tA person must not, in this State—\n\t(a)\taid, abet, counsel or procure the commission of an offence in any place outside this State, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act; or\n\t(b)\tconspire with another to commit an offence in any place outside this State, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act (whether the other conspirator is in this State or elsewhere).\n\t(2)\tThe maximum penalty for an offence under subsection (1) is the same penalty or forfeiture that the person would be subject to if the offence concerned had been committed in this State.\n\t(3)\tA person must not conspire with another to commit an offence under this Act (whether the other conspirator is in this State or elsewhere).\n\t(4)\tThe maximum penalty for an offence under subsection (3) is the same penalty or forfeiture that the person would be subject to for the offence he or she conspired to commit.\n74—Evidentiary provisions\n\t(1)\tIn proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the Registrar and to certify that, at a specified time—\n\t(a)\ta firearms prohibition order applied to, or was in force against, a person; or\n\t(b)\ta person was, or was not, the holder of a licence; or\n\t(c)\ta licence was for a specified category or conferred specified authority or was subject to specified limitations or conditions; or\n\t(d)\ta licence was suspended or cancelled; or\n\t(e)\ta person was disqualified from holding or obtaining a licence or permit; or\n\t(f)\ta person was, or was not, the holder of a specified permit; or\n\t(g)\ta permit was suspended or cancelled; or\n\t(h)\ta permit was subject to specified conditions; or\n\t(i)\ta firearm was, or was not, registered; or\n\t(j)\ta person was, or was not, the registered owner of a firearm; or\n\t(k)\ta public safety notice applied to premises; or\n\t(l)\ta person was, or was not, approved as a company's principal or secondary nominee; or\n\t(m)\ta person or body was, or was not, a collectors' club, shooting club, paint‑ball operator or commercial range operator; or\n\t(n)\ta firearms club, paint‑ball operator or commercial range operator was, or was not, a recognised firearms club, recognised paint‑ball operator or recognised commercial range operator; or\n\t(o)\tthe grounds of a recognised firearms club or recognised paint‑ball operator were, or were not, approved under this Act; or\n\t(p)\tthe range of a recognised commercial range operator was, or was not, approved under this Act; or\n\t(q)\ta person was, or was not, approved or authorised for a purpose under this Act; or\n\t(r)\tan approval or authorisation under this Act was subject to specified conditions; or\n\t(s)\ta person was, or was not, the holder of a specified exemption under this Act; or\n\t(t)\tan exemption under this Act was subject to specified conditions; or\n\t(u)\tinformation (including records or agreements) required to be kept, retained or provided to the Registrar under this Act had not been kept, retained or provided as required,\nis to be accepted, in the absence of proof to the contrary, as proof of the matter so certified.\n\t(2)\tIn proceedings for an offence under this Act or other legal proceedings, an apparently genuine document purporting to be signed by the relevant authority under corresponding legislation of another State or Territory of the Commonwealth and to certify that, at a specified time—\n\t(a)\ta specified order (similar to a firearms prohibition order) was in force against a person under that legislation; or\n\t(b)\ta person was, or was not, the holder of a licence, permit, approval or other authorisation under that legislation; or\n\t(c)\tthat a firearm was, or was not, registered under that legislation,\nis to be accepted, in the absence of proof to the contrary, as proof of the matter so certified.\n75—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under any of the following provisions:\n\t(a)\tsection 9;\n\t(b)\tsection 19;\n\t(c)\tsection 22;\n\t(d)\tsection 37;\n\t(e)\tsection 45.\n76—Form of licences, permits etc\n\t(1)\tSubject to this Act, a firearms licence, permit, approval, exemption or other authority granted by the Registrar under this Act must be in writing in a form determined by the Registrar.\n\t(2)\tThe regulations may set out requirements and procedures in relation to photographic licences, including by empowering the Registrar to issue interim licences and take measures for non-compliance with any requirements or procedures (including, without limitation, cancelling or suspending the licence).\n\t(3)\tTerms used in this Act will have the same respective meanings when used in a firearms licence or other document issued by the Registrar under this Act.\n77—Service of notices\n\t(1)\tUnless otherwise provided by this Act, a notice or other document required or authorised to be given to or served on a person under this Act may be given or served as follows:\n\t(a)\tby personal service on the person or the agent of the person;\n\t(b)\tby leaving it for the person at his or her place of residence or, in the case of a company, at the company's registered office, with someone apparently over the age of 16 years;\n\t(c)\tby serving it by registered post on the person or an agent of the person at his or her last known address;\n\t(d)\tby transmitting it by fax or email to a fax number or email address provided by the person to the Registrar for the purpose (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tService by post is effected by addressing, prepaying and posting the notice or document and service will be taken to have occurred when the notice or document, or notice that the notice or document is available for collection, would be delivered in the ordinary course of post.\n78—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tmake provision for the making of applications for, and the grant, variation and cancellation of, and the imposition of conditions or limitations on, permits and other authorisations granted under the regulations; and\n\t(b)\tmake provision in relation to mandatory reporting and other obligations of medical practitioners, employers, licensees, firearm owners and other specified persons in relation to prescribed matters or circumstances; and\n\t(c)\tmake provision for procedures, specifications and requirements in respect of applications for, and granting and revocation of, approval of company nominees; and\n\t(d)\tmake provision in relation to the advertising of firearms for sale; and\n\t(e)\tmake provision with respect to the keeping of records and other documents or the furnishing of information and documents (including by electronic means) to the Registrar; and\n\t(f)\tregulate the keeping and form of registers; and\n\t(g)\tprescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees for the purposes of this Act; and\n\t(h)\twithout derogating from the power to declare that a contravention of a code of practice is of a particular category under Part 6—\n\t(i)\tprescribe expiation fees not exceeding $1 250 for alleged offences under this Act; and\n\t(ii)\tprescribe fines not exceeding $5 000 for offences against the regulations.\n\t(3)\tA regulation under this Act may confer discretionary powers.\n\t(4)\tThe regulations may be of general application or vary in their application according to prescribed factors.\n\t(5)\tThe regulations may include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences against this Act or the regulations.\n\t(6)\tA regulation under this Act may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or specified regulations.\n\t(7)\tA provision referred to in subsection (6) may, if the regulations so provide, take effect from a day that is earlier than the day on which the regulation is made but, in such a case, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or\n\t(b)\tto impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation.\n","sortOrder":15},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n","sortOrder":16},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provisions","content":"Part 15—Transitional provisions\n25—Interpretation\nIn this Part—\ntransition period means the period of 12 months from the commencement of this clause.\n26—Licences continued\n\t(1)\tA firearms licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a firearms licence of the corresponding category issued under this Act that—\n\t(a)\tauthorises the possession and use of the same firearms or categories of firearms for the same purpose or purposes as the licence under the repealed Act; and\n\t(b)\tis subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n\t(2)\tA firearms licence that authorised the licensee to act as a dealer's assistant in force under the repealed Act immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence, or for 12 months following that commencement, whichever is the lesser period, as if it were a licence under this Act that—\n\t(a)\tauthorises the licensee to possess and use firearms, or to possess ammunition, only as an employee of a licensed dealer; and\n\t(b)\tauthorises the possession and use of firearms, firearm parts or ammunition for the purpose of the business of a licensed dealer, being firearms, firearm parts or ammunition of the same categories or kinds as the licensee was authorised to possess and use by the licence under the repealed Act; and\n\t(c)\tis subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n\t(3)\tSubject to this Act, section 11(5) does not apply, until the end of the transition period, in respect of a person who, immediately before the commencement of this clause, was an employee of a licensed dealer authorised under the repealed Act to deal in ammunition only, and who, immediately after the commencement of this clause has access to ammunition in the course of his or her employment with that dealer.\n\t(4)\tA dealer's licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a licence that—\n\t(a)\tauthorises the licensee to carry on the business of a dealer; and\n\t(b)\tauthorises the possession and use of firearms, firearm parts and ammunition for the purpose of the business of the dealer, being firearms, firearm parts and ammunition of the same categories or kinds as the dealer was authorised to deal in by the licence under the repealed Act; and\n\t(c)\tis subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n27—Firearms permits\nA firearms permit in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a firearms licence under this Act that—\n\t(a)\tauthorises, for the purpose only of use in a primary production business, the possession of the same firearms or categories of firearms as the firearms permit under the repealed Act; and\n\t(b)\tis subject to the conditions and limitations applicable to a licence under this Act that authorises the possession and use of firearms for the purpose of primary production, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n28—Permits to acquire firearms continued\nA permit to acquire a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a corresponding permit issued under this Act.\n29—Registration of firearms continued\nRegistration of a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were registration of the firearm under this Act.\n30—Registration of prescribed firearms\nSection 27 does not apply, during the transition period, to a prescribed firearm in the possession of the holder of a firearms licence that authorised possession of the prescribed firearm under the repealed Act immediately before the commencement of that period.\n31—Possession, use and registration of firearms that were not firearms under repealed Act\n\t(1)\tIf a device that is a firearm within the meaning of this Act was not a firearm within the meaning of the repealed Act—\n\t(a)\tthis Act does not apply, during the transition period, to the possession or use of the device; and\n\t(b)\tsection 27(3) does not apply, during the transition period, to the owner of the device.\n\t(2)\tDespite sections 14(1)(c) and 28(1)(c)—\n\t(a)\tno application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm was, under the repealed Act, a deactivated firearm and—\n\t(i)\tthe applicant was in lawful possession of the firearm before the commencement of this clause; and\n\t(ii)\tthe application is made before the end of the transition period; and\n\t(b)\tno application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm is a firearm within the meaning of this Act but was not a firearm within the meaning of the repealed Act because it was not designed to be carried by hand and—\n\t(i)\tthe applicant was in lawful possession of the firearm before the commencement of this clause; and\n\t(ii)\tthe application is made before the end of the transition period; and\n\t(iii)\tthe Registrar is satisfied that the applicant is—\n\t(A)\ta museum to which access is permitted to the public, whether for free or on payment of money; or\n\t(B)\tthe RSL or a sub-branch of the RSL; or\n\t(C)\ta genuine collector of firearms of historical or other significance and genuinely has possession of the firearm for that purpose; and\n\t(c)\tno application fee is payable in relation to an application for renewal of a licence authorising possession of a firearm made after the end of the transition period if, under paragraph (a) or (b), no application fee was payable in relation to the application for the grant of the licence in respect of that firearm.\n\t(3)\tIf an application for a licence, or for the renewal of a licence, to which subclause (2) applies also includes an application for authorisation to possess a firearm that does not fall within the ambit of that subclause, then that subclause does not operate to preclude the requirement for payment of an application fee in respect of the application insofar as it relates to the additional firearm.\n\t(4)\tIn this clause—\ndeactivated firearm means a device that was not a firearm for the purposes of the repealed Act because it had been rendered unusable in a manner stipulated in the regulations under that Act or by the Registrar;\nRSL means the Returned & Services League of Australia (S.A. Branch) Incorporated.\n32—Permits to acquire ammunition continued\nA permit to acquire ammunition in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a permit to possess ammunition issued under this Act, subject to the condition and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n33—Recognised firearms clubs and their grounds\n\t(1)\tA firearms club that is a recognised firearms club, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the club were a recognised firearms club under this Act.\n\t(2)\tAn approval of grounds of a recognised firearms club in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n34—Commercial range operators and their ranges\n\t(1)\tA commercial range operator who is a recognised commercial range operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised commercial range operator under this Act.\n\t(2)\tAn approval of a range of a recognised commercial range operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the range under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n35—Paint‑ball operators and their grounds\n\t(1)\tA paint‑ball operator who is a recognised paint‑ball operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised paint‑ball operator under this Act.\n\t(2)\tAn approval of grounds of a recognised paint‑ball operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n36—Accredited paint‑ball employees\nA person who possesses or uses a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations as an employee of the operator for the purposes of the business of the operator is not, during the transition period, required to be an accredited paint‑ball employee in order for section 8(2)(h) to operate in relation to the person.\n37—Continuation of applications\n\t(1)\tAn application for a firearms licence, or for renewal of a firearms licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, made under Part 2 Division 3 of this Act for a firearms licence of the corresponding category under this Act and is to be dealt with accordingly.\n\t(2)\tAn application for a dealer's licence, or for renewal of a dealer's licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, authorising the licensee to carry on the business of a dealer made under Part 2 Division 3 of this Act and is to be dealt with accordingly.\n\t(3)\tAn application for registration of a firearm made under Part 4 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for registration of a firearm made under Part 4 of this Act and is to be dealt with accordingly.\n\t(4)\tAn application for a permit authorising the acquisition of a firearm made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to acquire a firearm made under Part 3 of this Act and is to be dealt with accordingly.\n\t(5)\tAn application for a permit entitling the holder to acquire ammunition made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to possess ammunition made under Part 5 of this Act and is to be dealt with accordingly.\n\t(6)\tAn application for recognition of a firearms club, paint-ball operator or commercial range operator made to the Minister under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for recognition of a firearms club, paint-ball operator or commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly.\n\t(7)\tAn application for approval of the grounds of a recognised firearms club or recognised paint-ball operator, or for approval of the range of a recognised commercial range operator, made to the Registrar under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval of the grounds of the firearms club or paint-ball operator, or for approval of the range of the commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly.\n\t(8)\tAn application for the approval of the Registrar made under section 27AA of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval made under section 38 of this Act and is to be dealt with accordingly.\n\t(9)\tIf an application within the ambit of this clause satisfies the requirements of the provision of the repealed Act under which it was made, the application will be taken to satisfy the requirements of the provision of this Act under which it is to be taken to have been made subject to any requirements of the Registrar to furnish information he or she requires to determine the application.\n\t(10)\tThe regulations may make further provision in relation to the manner in which applications made under the repealed Act that are not finally determined on the commencement of this clause are to be dealt with by the Registrar.\n38—Application for renewal of licence\n\t(1)\tSection 15(5) does not apply to an application for renewal of a firearms licence under this Act where the applicant has been found guilty of a prescribed offence if the offence was committed before the commencement of this clause.\n\t(2)\tIn this clause—\nprescribed offence means an offence prescribed for the purposes of section 15(5).\n39—Firearms prohibition orders continued\n\t(1)\tA firearms prohibition order or interim firearms prohibition order that applies to or is in force against a person, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if it were such an order under this Act.\n\t(2)\tAn exemption given by the Registrar under section 10C(15) of the repealed Act and in force immediately before the commencement of this clause continues as if it were an exemption given by the Registrar under section 45(17).\n40—Company nominees\n\t(1)\tA person appointed by a company, under the revoked regulations, to have control of the company's firearms at the place at which they are kept by the company will be taken to be the company's principal nominee until the end of the day on which the transition period expires or until a person is approved as the company's principal nominee under this Act, whichever occurs first.\n\t(2)\tIn this clause—\nrevoked regulations means the Firearms Regulations 2008 as in force immediately before the commencement of this clause.\n41—Certain other permits, acts and proceedings continued in effect\n\t(1)\tAn international visitor firearms permit in force, under the regulations under the repealed Act, immediately before the commencement of this clause continues in force for the balance of the term of the permit, subject to this Act, as if it were a corresponding permit issued under the regulations under this Act, subject to the conditions and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n\t(2)\tAn exemption, approval, authorisation or consent given under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act, subject to the conditions and limitations applicable to the exemption, approval, authorisation or consent under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act.\n\t(3)\tA requirement, request or agreement made under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act.\n42—Suspension of licences and permits\nThe suspension of a licence or permit under the repealed Act in operation immediately before the commencement of this clause continues to operate from that commencement, subject to this Act, as if the licence or permit had been suspended under this Act.\n43—Reviews and appeals\n\t(1)\tA decision of the Firearms Review Committee under the repealed Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal.\n\t(2)\tA right to seek a review under the repealed Act in existence (but not yet exercised) before the relevant day, with the effect that the relevant proceedings would have been commenced before the Firearms Review Committee, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(3)\tAny proceedings before the Firearms Review Committee under the repealed Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(4)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Firearms Review Committee, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Firearms Review Committee that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision, direction or order in relation to proceedings before the Firearms Review Committee before the relevant day (including so as to make a decision, direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(5)\tNothing in this clause affects a right to appeal to the District Court under section 26C of the repealed Act in force immediately before the relevant day against a decision of the Firearms Review Committee or the Registrar made or given before the relevant day.\n\t(6)\tNothing in this clause affects any proceedings before the District Court commenced before the relevant day.\n\t(7)\tThe Firearms Review Committee is dissolved by force of this subclause.\n\t(8)\tA member of the Firearms Review Committee holding office when subclause (7) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subclause at the same time (and no right of action will arise against a Minister or the State on account of that termination).\n\t(9)\tIn this clause—\nFirearms Review Committee means the Firearms Review Committee established under the repealed Act;\nrelevant day means the day on which this Part comes into operation.\n44—Acts Interpretation Act applies\nThe Acts Interpretation Act 1915 applies to the repeal of the Firearms Act 1977 and the enactment of this Act, except to the extent of any inconsistency with the provisions of this Schedule.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Firearms Act 2015 repealed the following:\nFirearms Act 1977\nLegislation amended by principal Act\nThe Firearms Act 2015 amended the following:\nBail Act 1985\nCorrectional Services Act 1982\nCriminal Law Consolidation Act 1935\nCriminal Law (High Risk Offenders) Act 2015\nCriminal Law (Sentencing) Act 1988\nCross-border Justice Act 2009\nIntervention Orders (Prevention of Abuse) Act 2009\nProtective Security Act 2007\nSecurity and Investigation Industry Act 1995\nSheriff's Act 1978\nSummary Offences Act 1953\nYoung Offenders Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Firearms Act 2015 \n17.12.2015\n1.7.2017 (Gazette 27.6.2017 p2619)\n Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017\nPt 2 (ss 4—6)—18.7.2017: s 2\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 12 (s 21)—30.4.2018 (Gazette 6.2.2018 p612)\n Firearms (Miscellaneous) Amendment Act 2021\n25.11.2021\n24.12.2021 (Gazette 23.12.2021 p4618)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 25)—uncommenced\nFirearms (Digital Blueprints for 3D Printing) Amendment Act 2025\n27.11.2025\nPt 2 (s 3)—19.2.2026 (Gazette 19.2.2026 p361)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 5\n\ns 5(1)\namended by 44/2021 s 4(1)—(4)\nPt 2\n\ns 12\n\ns 12(1)\namended by 27/2017 s 4\nPt 3\n\ns 22\n\ns 22(10)\nsubstituted by 44/2021 s 5(1)\ns 22(14)\ninserted by 44/2021 s 5(2)\nPt 6\n\nheading\namended by 27/2017 s 5\nPt 7\n\ns 37A\ninserted by 60/2025 s 3\n19.2.2026\nPt 8\n\ns 45\n\ns 45(16)\namended by 27/2017 s 6\nPt 10\n\ns 56\n\ns 56(1) and (3)\namended by 29/2025 Sch 5 cl 25\nuncommenced—not incorporated\ns 57\n\ns 57(5)\namended by 53/2017 s 21(1), (2)\n30.4.2018\nPt 12\n\ns 66A\ninserted by 44/2021 s 6\nSch 1\n\nPts 1—14\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nFirearms (Miscellaneous) Amendment Act 2021, Sch 1\n1—Transitional provisions—lever action shotguns\n\t(1)\tThe following provisions apply to and in respect of a person in whose name a category B lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day:\n\t(a)\tregistration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category B firearm;\n\t(b)\tif the firearms licence held by the person immediately before the relevant day does not authorise the person to possess a category B firearm, then the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category B lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day but only for such time as the licence (or any renewal of the licence) is in force under the Act.\n\t(2)\tThe following provisions apply to and in respect of a person in whose name a category D lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day:\n\t(a)\tthe registration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category D firearm;\n\t(b)\tif the firearms licence held by the person authorises the person to possess a category D firearm for the purpose for which the category D lever action shotgun was authorised immediately before the relevant day, the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category D lever action shotgun for that purpose but only for such time as the licence (or any renewal of the licence) is in force under the Act;\n\t(c)\tfor the purposes of paragraph (b)—\n\t(i)\tin the case of a person who holds a category 7 (contract shooter) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 20(3) of the Regulations does not apply in respect of the category D lever action shotgun; and\n\t(ii)\tin the case of a person who holds a category 10 (collector) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 23(3) of the Regulations applies in respect of the category D lever action shotgun;\n\t(d)\tif the firearms licence held by the person does not authorise the possession of a category D firearm, or the possession of a category D firearm for the purpose for which the lever action shotgun was authorised immediately before the relevant day, then the person will, subject to the Act and any conditions of the licence, be taken to be the holder of a category 12 (miscellaneous) licence that authorises possession of the specified category D lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day;\n\t(e)\tregulation 25(11) of the Regulations does not apply in respect of a category 12 (miscellaneous) licence held by a person by virtue of the operation of paragraph (d).\n\t(3)\tTo avoid doubt—\n\t(a)\ta person only has the benefit of the transitional arrangements under this clause in respect of a particular lever action shotgun registered in the name of the person immediately before the commencement of this clause and only while the lever action shotgun remains registered in the name of the person; and\n\t(b)\ta person loses the benefit of the transitional arrangements under this clause in respect of that lever action shotgun if its ownership is transferred to another person or it is lost, stolen or destroyed.\n\t(4)\tA permit to acquire a firearm in force before the relevant day that authorises a person to acquire a lever action shotgun does not authorise the person to acquire a lever action shotgun on or after the relevant day (and may be cancelled by the Registrar under section 24 of the Act) unless the person is the holder of—\n\t(a)\tin the case of the acquisition of a category B lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category B firearm for the purpose for which the shotgun is being acquired; or\n\t(b)\tin the case of the acquisition of a category D lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category D firearm for the purpose for which the shotgun is being acquired.\nNote—\nIt is a condition of a category 7 (contract shooter) licence under regulation 20(3) and a category 12 (miscellaneous) licence under regulation 25(11) of the Regulations that authorise possession of a category D firearm that the licensee must have a special need for the firearm that cannot be met by a firearm of any other category and so may not authorise the possession of the category D lever action shotgun (and thus its acquisition under the permit).\n\t(5)\tThe Registrar may, at the discretion of the Registrar—\n\t(a)\trequire a person to provide to the Registrar a specified certificate of registration or firearms licence in order for the certificate or licence to be updated in accordance with the operation of this clause; and\n\t(b)\tissue (or re‑issue) a certificate of registration to a person in whose name a lever action shotgun is registered to reflect the change in category of firearm effected by the amendments to the Act by this Act; and\n\t(c)\tissue (or re‑issue) a firearms licence held by the person so that the endorsement on the licence reflects the fact that a person is taken to be authorised to possess a specified lever action shotgun, or possess the lever action shotgun for a specified purpose, in accordance with the provisions of this clause; and\n\t(d)\tissue a category 12 (miscellaneous) licence to a person who is taken to hold the licence under this clause that specifies the category D lever action shotgun in respect of which it is issued.\n\t(6)\tFees that would otherwise be payable in respect of the registration or variation of registration of a firearm, or the granting or variation of a firearms licence, for the purposes of this clause are not payable by a person who has the benefit of any transitional arrangements under this clause.\n\t(7)\tIn this clause, unless the contrary intention appears—\nAct means the Firearms Act 2015;\ncategory B lever action shotgun means a lever action shotgun with a magazine capacity of 5 rounds or less;\ncategory D lever action shotgun means a lever action shotgun with a magazine capacity of more than 5 rounds;\nRegistrar means the Registrar of Firearms under the Act;\nRegulations means the Firearms Regulations 2017;\nrelevant day means the day on which this clause comes into operation.\nHistorical versions\n\n30.4.2018\n\n","sortOrder":17}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":689},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3: confirming firearm possession as a conditional privilege, improving public safety through strict controls, and facilitating national consistency. The 2025 amendment adding digital blueprint controls (section 37A) addresses emerging technology threats without fundamentally altering the Act's scope."},"complexity_factors":["47+ defined terms in the interpretation section (section 4), many with nested cross-references to other definitions","6 firearm categories (A, B, C, D, H, prescribed) with detailed technical specifications in section 5","Extensive conditional exemptions in section 8 — 19 separate exemption categories with their own sub-conditions","Multiple nested offence structures with tiered penalties based on firearm category (e.g., section 9 has 5 penalty levels)","Complex possession definition in section 6 with 4 alternative tests and a specific defence provision","Detailed transitional provisions in Schedule 1 with 20+ clauses preserving old licences, permits, and approvals","Cross-references to at least 15 other Acts including Commonwealth legislation","Regulation-making powers throughout that can modify categories, fees, and detailed procedural requirements","Firearms prohibition orders create a parallel regulatory regime with 17 subsections of restrictions in section 45"],"plain_english_summary":"This is South Australia's comprehensive firearms control law, replacing the 1977 Act. It establishes a strict licensing and registration system built on the principle that **firearm possession is a conditional privilege, not a right**, with public safety as the overriding priority.\n\n**What it does:**\n- **Categories firearms** into 6 types (A through H, plus \"prescribed firearms\" like automatic weapons), with stricter controls on more dangerous categories\n- **Requires licences** for anyone possessing or using firearms, with different licence types for different purposes (sport, hunting, collecting, dealer business, etc.)\n- **Mandates registration** of all firearms with unique identifying marks\n- **Controls acquisition** through a permit system — you need a permit to buy or receive a firearm, and must show \"genuine reason\" and \"genuine need\"\n- **Bans or restricts** certain items: automatic weapons, sound moderators (silencers), prohibited accessories, and digital blueprints for 3D-printed firearms\n- **Creates \"firearms prohibition orders\"** — special orders that can ban high-risk individuals (including criminal organisation members) from any firearm contact\n- **Sets strict storage and transport rules** through a mandatory code of practice\n- **Allows police to seize firearms** and conduct searches without warrant in certain circumstances\n\n**Who it affects:**\n- Firearm owners, dealers, collectors, sporting shooters, hunters\n- Paint-ball operators and commercial shooting ranges\n- People subject to family violence orders or with certain criminal histories (who may be deemed \"not fit and proper\")\n- Anyone manufacturing, modifying, or trafficking firearms\n\n**Key restrictions:**\n- Self-protection is **not** a valid reason to own a firearm\n- There are special rules for young people (supervised use from age 10, licensing from 18)\n- Ammunition possession is tightly linked to firearm licences\n- Courts can impose cumulative prison sentences for certain firearm offences"},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the document provided contains no legislative content, only a 404 'Page Not Found' error from the SA legislation website. No comparison between original intent and current provisions is possible."},"complexity_factors":["No actual legislative text was provided — only a website error page was retrieved","Cannot assess complexity of the underlying Act without its content","Score of 1 reflects absence of analysable material, not simplicity of the law itself"],"plain_english_summary":"## ⚠️ Document Not Available\n\nThe content provided does not contain the actual text of the **Firearms Act 2015 (SA)**. Instead, it shows a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:**\n- No analysis of the actual law can be performed from this content\n- If you need the Firearms Act 2015 (SA), try searching directly at [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au)\n- You can also email OPCWeb@sa.gov.au to report the broken link\n\n**What the Firearms Act 2015 (SA) generally covers** *(based on general knowledge, not the retrieved document)*:\n- Who can legally own, carry, or use firearms in South Australia\n- Licensing requirements for firearm owners\n- Rules around storage, transfer, and registration of firearms\n- Offences and penalties for illegal firearm possession or use"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has expanded and evolved from its original 2015 text. Notable scope changes recorded in the instrument include: the insertion of an offence for possession of digital blueprints for firearms and parts (s37A) added by the Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025 (Legislative history: 60/2025; s37A inserted by 60/2025 s3, operative 19.2.2026). Earlier amendments altered firearm category definitions and trafficking provisions (see amendments to s5 and s22 by Firearms (Miscellaneous) Amendment Act 2021 (44/2021) and other entries in the legislative history). The Act also continued and transitioned licences, permits and registrations from the repealed Firearms Act 1977 by detailed transitional provisions (Schedule 1). Mechanically, these changes broaden regulatory reach (for example to digital blueprints), adjust category rules and penalties, and retained continuity for existing licence‑holders through the transitional provisions (Schedule 1: cl 26–31)."},"complexity_factors":["Large number of interlocking parts: licensing, permits, registration, codes of practice, prohibition orders, seizure, forfeiture and transitional rules (Parts 2–11, Schedule 1).","Detailed categorisation of firearms with technical definitions and capacity‑based distinctions (s5, s5(2) definitions; s9(8) deemed categories).","Extensive delegated regulation and codes of practice that determine many operational requirements (s35, s78) increasing reliance on subordinate instruments.","Broad administrative discretion vested in the Registrar (s15, s20, s49) including power to classify criminal intelligence and limit reasons provided (s15(7), s20(12)).","Multiple offence gradations and overlapping penalty regimes tied to firearm category and aggravating facts (see s9, s22, s37, s37A, s39), creating complex compliance risk.","Cross‑references to other Acts, prior (repealed) legislation and transitional arrangements (Schedule 1), requiring careful mapping for existing licence‑holders.","Detailed investigatory and enforcement powers for police and Registrar (s54–57), including warrant requirements and seizure rules with procedural conditions.","New technology coverage (digital blueprints) that ties physical manufacture offences to possession of digital files, introducing evidentiary and jurisdictional complexity (s37A)."],"plain_english_summary":"# What this Act does, who it affects, and why it matters\n\n- Mechanically, the Firearms Act 2015 creates a comprehensive regulatory system for firearms, parts, sound moderators, restricted mechanisms and ammunition in South Australia. It does this by:\n  - Dividing firearms into named categories and defining key terms (category A, B, C, D, H; prescribed firearms) (s5).\n  - Making possession, use, dealing, manufacture, transfer and supply of firearms or ammunition subject to licences, permits or specific exclusions (Parts 2–5: especially s9, s10, s22, s23, s27, s31).\n  - Requiring registration of most firearms and setting marking requirements (s27–29).\n  - Setting criminal offences and graduated penalties for unauthorised possession, trafficking, illegal manufacture, possession of accessories and non-compliance with conditions (see s9, s22, s37, s37A, s39–41 and penalty schedules in those sections).\n  - Creating administrative powers for a Registrar (the Commissioner of Police) to grant, refuse, vary, suspend or cancel licences and permits; to classify information as criminal intelligence; to require medical reports and investigations; and to keep registers (s49, s15, s20, s53, s54, s50).\n  - Giving police wide powers to issue interim firearms prohibition orders, seize and inspect firearms and related items, require information and enforce compliance (Part 8 and s55–57).\n  - Allowing the Registrar to issue firearms prohibition orders with detailed obligations and prohibitions on affected persons, and providing review routes to the Tribunal (s43–47).\n  - Delegating many technical and procedural details to regulations and a code of practice (s35, s78), and providing transitional rules for moving over licences and registrations from the repealed Act (Schedule 1).\n\n- The Act affects:\n  - Individuals who own, possess, use, acquire or supply firearms or ammunition — they generally must hold an appropriate licence or permit and, in most cases, register firearms (s9, s23, s27, s31).\n  - Businesses that trade in or handle firearms or ammunition (licensed dealers, commercial range operators, paint‑ball operators, repairers): they must hold dealer licences and follow record‑keeping, employment and security rules (s10, s11, s12, s67).\n  - Clubs, recognised ranges and other bodies that host shooting or paint‑ball activities: the Act and regulations set recognition, approval and mandatory reporting requirements (s8(2)(f)–(i), s67).\n  - The Registrar (Commissioner of Police) and police: the Act centralises licensing, enforcement and investigatory powers in those offices (s49, s54–57).\n\n- Why it matters (official purpose claims and mechanical consequences):\n  - The Act expressly aims to treat firearm possession as a conditional privilege for public safety, and to impose strict controls on possession, use, acquisition, supply and manufacture (s3(1), s3(2)(a)–(d)).\n  - To deliver those aims it imposes ongoing administrative and criminal controls: licensing, registration, permit gates, mandatory storage/transport rules via code of practice, seizure and forfeiture powers, and prohibition orders (Parts 2–6, 10–11, 63–65, 43–45).\n\n- Practical costs, incentives and trade-offs created by the Act (mechanical effects, with section references):\n  - Who pays: applicants and licensees pay fees for licences, permits and registrations as prescribed by regulation (s14(1)(c), s28(1)(c), s78(2)(g)). Fines and imprisonment are penalties for breaches (see s9, s22, s27 etc.). Forfeited or surrendered items may be sold and proceeds paid to the Consolidated Account (s59(8), s65(4)).\n  - Administrative burden on individuals and businesses: applications, identity evidence, mandatory training, statutory declarations, record‑keeping, audits and responding to Registrar requests (s14, s15(1)(i), s18(2)(a),(b), s70, s35(c)). Dealers face record thresholds and reporting duties (s10(2),(4); s67).\n  - Behavioural incentives: the Act makes legal access conditional on demonstrating a \"genuine reason\" and being a \"fit and proper person\" (s15(1)(c), s7). This channels lawful acquisition through formal licences and permits (s23), discourages informal transfers (s25) and discourages prohibited manufacturing or possession (s37, s37A).\n  - Bureaucratic discretion and information secrecy: the Registrar has broad discretion to refuse, vary or cancel licences and to classify information as criminal intelligence; when a decision relies on so‑classified intelligence the Registrar may give only limited reasons (s15(7), s20(12), s24(3), s28(3), s49). The Registrar also issues exemptions and approvals (s8(6), s36, s45(17)). These powers concentrate decision authority in the Registrar (s49) and can limit the information given to affected applicants.\n  - Compliance and enforcement risk: police and the Registrar can require medical examinations (s53), inspect and seize items (s54, s57), and issue interim prohibition orders (s43). These powers lower the legal cost of enforcement but increase regulatory risk and the need for licence‑holders to maintain compliance systems.\n  - Effects on private choice and markets: strict acquisition, registration and transfer rules limit the free sale and gift of firearms (s22, s25). Dealer licensing thresholds (s10(2),(4)) and obligations on who dealers may employ (s11) affect small sellers and second‑hand markets. The code of practice and security requirements impose operating costs on clubs, ranges and dealers (s35).\n  - Substitution and opportunity costs: persons denied licences or subject to prohibition orders are prevented from firearm‑based activities (s45). Some narrow exemptions exist (e.g. international visitor permits, theatrical armourer permits, certain supervised uses) (s8(2)(a)–(d), (m)–(r)), but acquiring lawful access typically requires navigating administrative gates.\n  - New technical scope: possession of digital blueprints that can be used to manufacture firearms or parts is an offence (s37A). This extends the regime from physical items to certain digital artefacts and carries significant penalties (s37A(2),(5)).\n\n- Implementation and compliance risks:\n  - Heavy reliance on delegated regulation and codes of practice means many detailed rules are set outside the Act (s35, s78). The Act gives the Registrar discretion to approve, vary or revoke exemptions and approvals (s36, s49, s16(6)). That makes compliance dependent on administrative procedures and evolving regulation.\n  - Review and appeal paths exist (Tribunal review under s47; internal Registrar reviews s46), but where decisions rest on classified criminal intelligence limited reasons may be disclosed (s15(7), s47(3), s48(1)(a)).\n\nIn short: the Act replaces a statutory framework with a detailed licensing, registration and enforcement architecture that centralises licensing and enforcement powers in the Registrar and police, creates offences and penalties for a wide range of conduct (now including digital blueprints), delegates many details to regulations, and places ongoing compliance costs on individuals and businesses that possess, handle or trade in firearms and ammunition."}},"importantCases":[],"_links":{"self":"/api/acts/firearms-act-2015","history":"/api/acts/firearms-act-2015/history","analysis":"/api/acts/firearms-act-2015/analysis","conflicts":"/api/acts/firearms-act-2015/conflicts","importantCases":"/api/acts/firearms-act-2015/important-cases","documents":"/api/acts/firearms-act-2015/documents"}}