{"id":"BILL-ACT-db-74005","name":"Firearms (Firearm Prohibition Orders) Amendment Bill 2026","slug":"firearms-firearm-prohibition-orders-amendment-bill-2026","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-02-24","administeringDepartment":null,"currentVersion":{"id":457651,"registerId":"BILL-ACT-db-74005:current","compilationNumber":null,"startDate":"2026-02-24","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:55.854Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Firearms (Firearm Prohibition Orders) Amendment Bill 2026\n\nJ2025-326\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for Police, Fire and Emergency Services)\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nContents\nPage\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Offences against Act—application of Criminal Code etc\nSection 4, note 1, new dot point 2\n5 Principles and objects of Act\nNew section 5 (2) (g) 2\n6 Meaning of acquire\nNew section 8 (1A) 2\n7 Meaning of possession\nNew section 10 (3) 3\n\nContents\nPage\ncontents 2 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Evidence of possession—firearms at premises\nNew section 11 (1A) 3\n9 Evidence of possession—care, control or management of firearm\nNew section 12 (1A) 3\n10 Assessing suitability of individuals—discretionary criteria\nSection 18 (2), definition of law enforcement agency 3\n11 Protection of security sensitive information\nSection 18A (3) 4\n12 ACAT or court review—decision on security sensitive information\nSection 18B (5) 4\n13 ACAT or court review—dealing with security sensitive information\nSection 18C (4), definition of security sensitive information 4\n14 New part 12A 4\n15 Destruction or disposal of seized or surrendered firearms\nNew section 262 (6A) 55\n16 Dictionary, definition of acquire, paragraph (a) 56\n17 Dictionary, new definitions 56\nSchedule 1 Consequential amendments 59\nPart 1.1 Court Procedures Act 2004 59\nPart 1.2 Magistrates Court Act 1930 59\nPart 1.3 Ombudsman Act 1989 59\n\nJ2025-326\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Minister for Police, Fire and Emergency Services)\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nA Bill for\nAn Act to amend the Firearms Act 1996, and for other purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nSection 1\npage 2 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act1\nThis Act is the Firearms (Firearm Prohibition Orders) Amendment2\nAct 2026.3\n2 Commencement4\nThis Act commences 12 months after its notification day.5\nNote The naming and commencement provisions automatically commence on6\nthe notification day (see Legislation Act, s 75 (1)).7\n3 Legislation amended8\nThis Act amends the Firearms Act 1996.9\nNote This Act also amends other legislation (see sch 1).10\n4 Offences against Act—application of Criminal Code etc11\nSection 4, note 1, new dot point12\ninsert13\n• offences against pt 12A (Firearm prohibition orders)14\n5 Principles and objects of Act15\nNew section 5 (2) (g)16\ninsert17\n(g) to provide for orders that prohibit the acquisition, possession or18\nuse of a firearm or firearm-related item.19\n6 Meaning of acquire20\nNew section 8 (1A)21\ninsert22\n(1A) This section does not apply to part 12A (Firearm prohibition orders).23\n\nSection 7\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Meaning of possession1\nNew section 10 (3)2\ninsert3\n(3) For part 12A (Firearm prohibition orders), subsection (1) also applies4\nin relation to a firearm-related item.5\n8 Evidence of possession—firearms at premises6\nNew section 11 (1A)7\ninsert8\n(1A) For part 12A (Firearm prohibition orders)—9\n(a) subsection (1) (as varied by paragraph (b)) applies to a10\nfirearm-related item in the same way it applies to a firearm; and11\n(b) subsection (1) (b) and (c) do not apply in relation to a person12\nsubject to a firearm prohibition order to the extent that the order13\nis subject to a condition imposed under section 183P (1).14\n9 Evidence of possession—care, control or management of15\nfirearm16\nNew section 12 (1A)17\ninsert18\n(1A) For part 12A (Firearm prohibition orders), subsection (1) applies to a19\nfirearm-related item in the same way it applies to a firearm.20\n10 Assessing suitability of individuals—discretionary21\ncriteria22\nSection 18 (2), definition of law enforcement agency23\nomit24\n\nSection 11\npage 4 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Protection of security sensitive information1\nSection 18A (3)2\nomit3\n12 ACAT or court review—decision on security sensitive4\ninformation5\nSection 18B (5)6\nomit7\n13 ACAT or court review—dealing with security sensitive8\ninformation9\nSection 18C (4), definition of security sensitive10\ninformation11\nomit12\n14 New part 12A13\ninsert14\nPart 12A Firearm prohibition orders15\nDivision 12A.1 Preliminary16\n183A Definitions—pt 12A17\nIn this part:18\namend, a firearm prohibition order—see section 183W.19\nfinal order means a final firearm prohibition order made under20\nsection 183H.21\nfirearm prohibition order means an interim order or final order.22\ninterim order means an interim firearm prohibition order made under23\nsection 183F.24\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprohibited premises—1\n(a) means any of the following:2\n(i) premises where a firearm or firearm-related item is stored,3\nsold, repaired or manufactured;4\n(ii) a collectors, hunting or shooting club;5\n(iii) a paintball range;6\n(iv) a shooting gallery;7\n(v) a shooting range;8\n(vi) premises where a shooting or paintball competition is9\nbeing held;10\n(vii) any other premises prescribed by regulation; but11\n(b) does not include either of the following:12\n(i) a police station;13\n(ii) a correctional centre or detention place.14\nrelative—see the Family Violence Act 2016, section 11.15\nresidence, of a person—16\n(a) means the person’s principal place of residence; and17\n(b) includes the principal place of residence of the person’s18\ndomestic partner or relative, if the person lives at the residence19\nfor at least 7 days (whether or not consecutive) in a period of20\n12 months.21\nreturn date, for an application under this part, means the day fixed by22\nthe court as the day on which the application will be next before the23\ncourt.24\nserious offence means an offence punishable by imprisonment for25\n5 years or longer in the ACT or elsewhere.26\n\nSection 14\npage 6 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntiming notice, for a hearing of an application under this part, means a1\nwritten notice stating—2\n(a) the return date, time and place of the hearing; and3\n(b) that, if the respondent to the application does not appear at the4\nhearing, the court may decide the application in the respondent’s5\nabsence.6\nvary, a firearm prohibition order, includes:7\n(a) amend the order; and8\n(b) impose, amend or remove a condition on the order.9\nDivision 12A.2 Making firearm prohibition orders10\n183B Matters to be considered11\n(1) In deciding whether to make a firearm prohibition order, the12\nMagistrates Court must consider the following:13\n(a) to the extent it relates to the order sought—14\n(i) the respondent’s criminal history; and15\n(ii) the respondent’s behaviour; and16\n(iii) the circumstances of the respondent;17\nExample—par (iii)18\nthe respondent’s age, housing, employment, health, cultural and social19\nneeds20\n(b) whether the respondent has, at any time, unlawfully acquired,21\npossessed or used or attempted to acquire, possess or use a22\nfirearm or firearm-related item;23\n(c) the likelihood of the respondent acquiring, possessing or using24\na firearm or firearm-related item if no order is made;25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) whether the respondent associates with a person—1\n(i) who has been convicted of a serious offence; or2\n(ii) for the purpose of planning, organising, facilitating,3\nsupporting or engaging in the commission of a serious4\noffence;5\n(e) the limits the order would have on the human rights of the6\nrespondent;7\n(f) the limits the order would have on the human rights of any other8\nperson affected by the order;9\n(g) whether the respondent poses a serious risk to a person or10\nproperty if no order is made;11\n(h) that, if the order is made, a police officer may exercise a power12\nmentioned in division 12A.10 (Enforcement);13\n(i) for a final order—whether the respondent was or is subject to an14\ninterim order;15\n(j) any other information given in support of the application.16\n(2) The court may consider anything else it considers relevant in deciding17\nwhether to make a firearm prohibition order.18\n(3) A failure to comply with subsection (1) in relation to a firearm19\nprohibition order does not affect the validity of the order.20\n183C Application for firearm prohibition order21\n(1) The chief police officer may apply to the Magistrates Court for a22\nfirearm prohibition order in relation to an adult.23\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an24\napplication, the form must be used.25\n\nSection 14\npage 8 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The chief police officer must consider any matter set out in a1\nguideline made by the Minister under subsection (4) before making2\nan application.3\n(3) An application must—4\n(a) include the following information (to the extent that the5\ninformation is known to the chief police officer):6\n(i) the name of the respondent;7\n(ii) the respondent’s date of birth;8\n(iii) the address of any residence of the respondent;9\n(iv) the address of any other premises owned, leased or10\noccupied by the respondent;11\nExamples12\n• a storage facility leased to the respondent13\n• premises where the respondent conducts a business14\n(v) details of any firearm prohibition order to which the15\nrespondent is or has been subject, including any order16\n(however described) made in relation to the respondent in17\nanother State that is substantially similar to a firearm18\nprohibition order;19\nNote State includes the Northern Territory (see Legislation Act,20\ndict, pt 1).21\n(vi) whether a registered firearm or firearm-related item is22\nstored at the respondent’s residence;23\n(vii) any other information prescribed by regulation; and24\n(b) set out the grounds on which the order is sought; and25\n(c) include the information supporting the grounds on which the26\norder is sought; and27\n(d) be accompanied by a supporting affidavit.28\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Minister may make guidelines about matters the chief police1\nofficer must consider before making an application.2\n(5) A guideline is a notifiable instrument.3\n183D Interim order not sought4\n(1) If the Magistrates Court receives an application for a final order and5\nan interim order is not sought, the registrar of the court must—6\n(a) set a return date for a hearing of the application for the final7\norder, which is not later than 30 days after the day the8\napplication is filed; and9\n(b) as soon as practicable, give the chief police officer a timing10\nnotice for the hearing.11\n(2) As soon as practicable after receiving the timing notice, the chief12\npolice officer must ensure the following are personally served on the13\nrespondent:14\n(a) a copy of the application and supporting affidavit;15\n(b) a copy of the timing notice.16\n183E Interim order sought17\n(1) If the Magistrates Court receives an application for a final order and18\nan interim order is sought, the registrar of the court must set a return19\ndate for a hearing of the application for an interim order, which is not20\nlater than 2 days after the day the application is filed.21\n(2) An interim order is made in the absence of the respondent.22\nNote The hearing of an application for an interim order also takes place in23\nclosed court (see s 183ZG).24\n\nSection 14\npage 10 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) After the hearing of the application for the interim order, the registrar1\nof the court must—2\n(a) set a return date for a hearing of the application for the final3\norder, which is not later than 30 days after the day the4\napplication is filed; and5\n(b) as soon as practicable, give the chief police officer a timing6\nnotice for the hearing.7\n(4) As soon as practicable after receiving the timing notice, the chief8\npolice officer must ensure the following are personally served on the9\nrespondent:10\n(a) a copy of the application and supporting affidavit;11\n(b) if an interim order is made—a copy of the order;12\n(c) a copy of the timing notice.13\n183F Making interim orders14\n(1) The Magistrates Court may, on application, make an interim order if15\nsatisfied—16\n(a) it is in the public interest to make the order; and17\n(b) the order must be urgently made to reduce a significant risk of18\nserious harm to another person; and19\n(c) the making of the order in the absence of the respondent is20\nreasonable and justifiable; and21\n(d) the respondent has, at any time, unlawfully acquired, possessed22\nor used or attempted to acquire, possess or use a firearm or23\nfirearm-related item; and24\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the making of the order is otherwise reasonable and justifiable1\nin the circumstances.2\nNote The Magistrates Court must consider the matters mentioned in s 183B in3\ndeciding whether to make an interim order.4\n(2) The court may be satisfied of the matters mentioned in5\nsubsection (1) (d) whether or not the respondent has been found6\nguilty of an offence of unlawfully possessing or attempting to possess7\na firearm or firearm-related item.8\n183G Notice of response—final order9\n(1) A respondent to an application for a final order may file a notice of10\ntheir response not later than 5 days before the day of the hearing of11\nthe application.12\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this13\nprovision, the form must be used.14\n(2) The notice must—15\n(a) set out the facts the respondent intends to rely on at the hearing16\nof the application; and17\n(b) be accompanied by a supporting affidavit.18\n(3) The registrar of the Magistrates Court must serve a copy of the notice19\nof response on the chief police officer.20\n(4) The respondent does not waive any right of objection the respondent21\nmay have in relation to the application only because the respondent22\ndoes not file a notice of response.23\n183H Making final orders24\n(1) The Magistrates Court may, on application, make a final order if25\nsatisfied—26\n(a) it is in the public interest to make the order; and27\n\nSection 14\npage 12 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the respondent has, at any time, unlawfully acquired, possessed1\nor used or attempted to acquire, possess or use a firearm or2\nfirearm-related item; and3\n(c) the making of the order is reasonable and justifiable in the4\ncircumstances.5\nNote The Magistrates Court must consider the matters mentioned in s 183B in6\ndeciding whether to make a final order.7\n(2) The court may be satisfied of the matters mentioned in8\nsubsection (1) (b) whether or not the respondent has been found9\nguilty of an offence of unlawfully possessing or attempting to possess10\na firearm or firearm-related item.11\n(3) The court may, on application under section 183C, make another final12\norder (a further final order) in relation to a respondent who at the13\ntime the application is made is already subject to a final order14\n(a current order).15\n(4) However, the court may only make the further final order—16\n(a) within 90 days before the end of the current order; or17\n(b) after the end of the current order.18\n(5) Subsection (4) does not limit the number of further final orders the19\ncourt may make.20\n(6) The chief police officer must ensure that a copy of a final order is21\npersonally served on the respondent if the respondent is not present22\nat the hearing when the final order is made.23\n183I Period firearm prohibition order in force24\n(1) An interim order is in force for the period—25\n(a) beginning on the day the order is served on the respondent; and26","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Section 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) ending on the earliest of the following:1\n(i) the day the interim order is revoked;2\n(ii) the day the application for a final order in relation to the3\ninterim order is withdrawn or dismissed;4\n(iii) the day a final order in relation to the interim order begins;5\n(iv) 30 days after the day the interim order begins.6\n(2) A final order is in force for the period beginning on—7\n(a) if the respondent is present when the order is made—the day the8\norder is made; or9\n(b) if the respondent is not present when the order is made—the day10\nthe order is served on the respondent.11\n(3) A further final order is in force for the period beginning on—12\n(a) if the respondent is present when the further final order is13\nmade—the day after the current order ends; or14\n(b) if the respondent is not present when the further final order is15\nmade—16\n(i) if the further final order is served on the respondent before17\nthe current order ends—the day after the current order18\nends; or19\n(ii) if the further final order is served on the respondent after20\nthe current order ends—the day the further final order is21\nserved on the respondent.22\n(4) A final order ceases to be in force on the earlier of the following:23\n(a) the day the order is revoked;24\n(b) 3 years after the day the order begins.25\n\nSection 14\npage 14 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:1\ncurrent order—see section 183H (2).2\nfurther final order—see section 183H (2).3\n183J Explaining orders if respondent present4\n(1) This section applies if—5\n(a) the Magistrates Court intends to make a firearm prohibition6\norder; and7\n(b) the respondent is present at the hearing.8\n(2) On making the firearm prohibition order, the court must explain to9\nthe respondent, in language likely to be readily understood by the10\nrespondent—11\n(a) the purpose, terms and effect of the order; and12\n(b) the consequences that may follow if the respondent fails to13\ncomply with the order; and14\n(c) how the order may be amended or reviewed.15\n(3) The court must also give the respondent a copy of the firearm16\nprohibition order.17\n(4) A failure of the court to comply with this section in relation to a18\nfirearm prohibition order does not affect the validity of the order.19\n183K Contents of firearm prohibition order20\n(1) A firearm prohibition order must include the following information:21\n(a) a statement about when the order begins;22\n(b) the period for which the order is in force;23\n(c) any conditions imposed on the order under division 12A.3;24\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the address of any residence of the person subject to the order;1\n(e) the address of any other premises owned, leased or occupied by2\nthe person subject to the order.3\nExamples—par (e)4\n• a storage facility leased to the person subject to the order5\n• premises where the person subject to the order conducts a business6\n(2) Also, the firearm prohibition order must include information about7\nthe following:8\n(a) the effect of—9\n(i) section 183M (Prohibition on acquiring, possessing or10\nusing firearm or firearm-related item); and11\n(ii) section 183N (Suspension and cancellation of licences and12\npermits);13\n(b) the offences and related penalties mentioned in—14\n(i) section 183Q (Offence—acquire, possess or use of firearm15\nor firearm-related item); and16\n(ii) section 183R (Offence—fail to surrender licence or17\npermit); and18\n(iii) section 183S (Offence—fail to surrender firearm or19\nfirearm-related item); and20\n(iv) section 183T (Offence—enter or remain at prohibited21\npremises); and22\n(v) section 183U (Offences—dispose of firearm or23\nfirearm-related item to person subject to firearm24\nprohibition order); and25\n(vi) section 183V (Offence—fail to notify change of residence26\nor other premises);27\n\nSection 14\npage 16 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the powers of police under division 12A.10 (Enforcement);1\n(d) the person’s right to seek an amendment of the order;2\n(e) the person’s right of review and appeal under this part.3\n183L Reasons for order4\nIf the Magistrates Court makes a firearm prohibition order, the court5\nmust record the reasons for making the order.6\nDivision 12A.3 Conditions of firearm prohibition7\norders8\n183M Prohibition on acquiring, possessing or using firearm or9\nfirearm-related item10\nIf a firearm prohibition order is made in relation to a person, the11\nperson must not acquire, possess or use a firearm or firearm-related12\nitem while the order is in force.13\n183N Suspension and cancellation of licences and permits14\n(1) If an interim order is made in relation to a person who is the holder15\nof a licence or permit, the person’s licence or permit is suspended.16\n(2) If a final order is made in relation to a person who is the holder of a17\nlicence or permit, the person’s licence or permit is cancelled.18\n183O Conditions in relation to licenses, permits, firearms and19\nfirearm-related items20\n(1) The Magistrates Court must impose a condition on a firearm21\nprohibition order that a firearm or firearm-related item be removed22\nby a stated time from the residence of the person subject to the order23\nif the court is satisfied—24\n(a) a firearm or firearm-related item, owned by a person other than25\nthe person subject to the order, is stored at the residence; and26\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person subject to the order intends to live at the residence1\nwhile the firearm prohibition order is in force.2\n(2) If the court is satisfied a person subject to the order holds a licence or3\npermit, the court may impose a condition that the person surrender4\nthe licence or permit to a police officer within a stated time.5\n(3) If the court is satisfied a person subject to the order is in possession6\nof a firearm or firearm-related item, the court may impose a condition7\nthat the person surrender the firearm or firearm-related item to a8\npolice officer within a stated time.9\n183P Enter or remain at prohibited premises10\n(1) The Magistrates Court may impose a condition on a firearm11\nprohibition order that the person subject to the order may enter or12\nremain at prohibited premises if satisfied the person has a genuine13\nreason for entering or remaining at the premises.14\n(2) The condition may—15\n(a) state particular prohibited premises or other conditions about16\nentering or remaining at premises; and17\n(b) have effect for a period stated in the order that is shorter than the18\nlength of the order.19\n(3) For this section, a person has a genuine reason for entering or20\nremaining at prohibited premises if—21\n(a) the premises are owned, leased or occupied by a relative of the22\nperson and the relative consents to the person entering or23\nremaining at the premises; or24\n(b) the person is required to enter or remain at the premises in the25\ncourse of the person’s lawful employment or a lawful business26\ncarried on by the person; or27\n\nSection 14\npage 18 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person has another reason that the court considers to be a1\ngenuine reason; or2\n(d) the person has another reason prescribed by regulation.3\nDivision 12A.4 Effect of firearm prohibition orders4\n183Q Offence—acquire, possess or use of firearm or5\nfirearm-related item6\n(1) A person commits an offence if the person—7\n(a) is subject to a firearm prohibition order; and8\n(b) acquires, possesses or uses a firearm or firearm-related item.9\nMaximum penalty: imprisonment for 10 years.10\n(2) Strict liability applies to subsection (1) (a).11\n183R Offence—fail to surrender licence or permit12\n(1) A person commits an offence if the person—13\n(a) is subject to a firearm prohibition order; and14\n(b) recklessly or negligently fails to surrender each licence or permit15\nheld by the person—16\n(i) if a police officer has personally served the order on the17\nperson and the person has access to the licence or permit18\nwhen the order is served—to the officer when the order is19\nserved; or20\n(ii) if a police officer has personally served the order on the21\nperson and the person does not have access to the licence22\nor permit when the order is served—to a police officer in23\nthe way directed by the police officer who serves the order,24\nand within 24 hours after the order is served; or25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) if the order is subject to a condition imposed under1\nsection 183O (2) that the person surrender the licence or2\npermit within a stated time—to a police officer within the3\nstated time.4\nMaximum penalty: imprisonment for 5 years.5\n(2) Strict liability applies to subsection (1) (a).6\n(3) Subsection (1) does not apply if the defendant has a reasonable7\nexcuse.8\nNote The defendant has an evidential burden in relation to the matters9\nmentioned in s (3) (see Criminal Code, s 58).10\n(4) Subsection (1) (b) (iii) applies in relation to a person whether or not—11\n(a) the person was present when the firearm prohibition order was12\nmade; or13\n(b) a police officer personally served the order on the person.14\n183S Offence—fail to surrender firearm or firearm-related item15\n(1) A person commits an offence if the person—16\n(a) is subject to a firearm prohibition order; and17\n(b) recklessly or negligently fails to surrender each firearm or18\nfirearm-related item in the person’s possession—19\n(i) if a police officer has personally served the order on the20\nperson and the person has access to the firearm or21\nfirearm-related item when the order is served—to the22\nofficer when the order is served; or23\n\nSection 14\npage 20 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if a police officer has personally served the order on the1\nperson and the person does not have access to the firearm2\nor firearm-related item when the order is served—to a3\npolice officer in the way directed by the police officer who4\nserves the order, and within 24 hours after the order is5\nserved; or6\n(iii) if the order is subject to a condition imposed under7\nsection 183O (3) that the person surrender the firearm or8\nfirearm-related item within a stated time—to a police9\nofficer within the stated time.10\nMaximum penalty: imprisonment for 5 years.11\n(2) Strict liability applies to subsection (1) (a).12\n(3) Subsection (1) does not apply if the defendant has a reasonable13\nexcuse.14\nNote The defendant has an evidential burden in relation to the matters15\nmentioned in s (3) (see Criminal Code, s 58).16\n(4) Subsection (1) (b) (iii) applies in relation to a person whether or not—17\n(a) the person was present when the firearm prohibition order was18\nmade; or19\n(b) a police officer personally served the order on the person.20\n183T Offence—enter or remain at prohibited premises21\n(1) A person commits an offence if the person—22\n(a) is subject to a firearm prohibition order; and23\n(b) enters or remains at prohibited premises.24\nMaximum penalty: 100 penalty units, imprisonment for 1 year or25\nboth.26\n(2) Strict liability applies to subsection (1) (a).27\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (1) does not apply—1\n(a) if the defendant enters or remains at premises—2\n(i) in accordance with a condition of the firearm prohibition3\norder imposed under section 183P (1); or4\n(ii) to comply with a court order; or5\n(iii) while in lawful custody; or6\n(b) if the defendant enters or remains at premises in accordance with7\na condition of the firearm prohibition order imposed under8\nsection 183O (1); or9\n(c) if the defendant has a reasonable excuse.10\nNote The defendant has an evidential burden in relation to the matters11\nmentioned in s (3) (see Criminal Code, s 58).12\n183U Offences—dispose of firearm or firearm-related item to13\nperson subject to firearm prohibition order14\n(1) A person commits an offence if the person—15\n(a) either—16\n(i) disposes of a firearm to another person; or17\n(ii) takes part in the disposal of a firearm to another person;18\nand19\n(b) knows that the other person is subject to a firearm prohibition20\norder.21\nMaximum penalty: imprisonment for 7 years.22\n(2) A person commits an offence if the person—23\n(a) either—24\n(i) disposes of a firearm-related item to another person; or25\n\nSection 14\npage 22 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) takes part in the disposal of a firearm-related item to1\nanother person; and2\n(b) knows that the other person is subject to a firearm prohibition3\norder.4\nMaximum penalty: imprisonment for 3 years.5\n(3) For this section, a person takes part in the disposal of a firearm or6\nfirearm-related item if the person—7\n(a) takes, or takes part in, a step in the process of the disposal, or8\ncauses a step to be taken; or9\n(b) provides or arranges finance for a step in the process of disposal;10\nor11\n(c) provides access to the premises where a step in the process is12\ntaken, or allows a step in the process to be taken at premises that13\nthe person owns, leases or occupies.14\n183V Offence—fail to notify change of residence or other15\npremises16\n(1) A person subject to a firearm prohibition order must notify the chief17\npolice officer of a change in a particular that relates to either of the18\nfollowing within 7 days after the day the change occurs:19\n(a) the person’s residence;20\n(b) any other premises owned, leased or occupied by the person.21\n(2) A person commits an offence if the person—22\n(a) is subject to a firearm prohibition order; and23\n(b) fails to notify the chief police officer of a change in a particular24\nthat relates to either of the following within 7 days after the day25\nthe change occurs:26\n(i) the person’s residence;27\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) any other premises owned, leased or occupied by the1\nperson.2\nMaximum penalty: imprisonment for 5 years.3\n(3) Strict liability applies to subsection (2) (a).4\n(4) Subsection (2) does not apply if the defendant has a reasonable5\nexcuse.6\nNote The defendant has an evidential burden in relation to the matters7\nmentioned in s (4) (see Criminal Code, s 58).8\n(5) On being notified of a change under subsection (1), the chief police9\nofficer must apply to amend the firearm prohibition order under10\nsection 183X.11\nDivision 12A.5 Amendment of firearm prohibition12\norders13\n183W Meaning of amend—pt 12A14\nIn this part:15\namend, a firearm prohibition order, means—16\n(a) impose, amend or remove a condition on the order to enter or17\nremain at prohibited premises; or18\n(b) amend information in the order in relation to a change in a19\nparticular that relates to—20\n(i) the residence of the person subject to the order; or21\n(ii) any other premises owned, leased or occupied by the22\nperson.23\n\nSection 14\npage 24 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183X Application for amendment of firearm prohibition order1\n(1) The Magistrates Court may amend a firearm prohibition order2\n(the original order) on application by—3\n(a) the chief police officer; or4\n(b) the person subject to the order.5\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an6\napplication, the form must be used.7\n(2) An application for an amendment of an original order by the chief8\npolice officer may be made on the following grounds only:9\n(a) a change in a particular that relates to the residence of the person10\nsubject to the order;11\n(b) a change in a particular that relates to any other premises owned,12\nleased or occupied by the person.13\n(3) An application for an amendment by the person subject to an original14\norder may only be made to impose or change a condition to enter or15\nremain at prohibited premises.16\n183Y Amendment of firearm prohibition order17\n(1) If the Magistrates Court receives an application under section 183X,18\nthe registrar of the court must do the following:19\n(a) set a return date for a hearing of the application, which is to be20\nas soon as practicable after the day the application is filed;21\n(b) as soon as practicable, give the applicant a timing notice for the22\nhearing;23\n(c) if the respondent is the chief police officer—personally serve on24\nthe respondent—25\n(i) a copy of the application; and26\n(ii) a copy of the timing notice.27","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Section 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, if the application is made by the chief police officer1\nbecause section 183V (5) applies and the person subject to the order2\nagrees, the court may amend the order on the basis of documents,3\nwithout the chief police officer or the person subject to the firearm4\nprohibition order appearing at a hearing.5\n(3) If the applicant is the chief police officer, the chief police officer6\nmust, as soon as practicable after receiving the timing notice, ensure7\nthe following are personally served on the respondent:8\n(a) a copy of the application;9\n(b) a copy of the timing notice.10\n(4) The court may amend a firearm prohibition order only if satisfied the11\norder as amended could be made on application for a firearm12\nprohibition order.13\n(5) The chief police officer must ensure that a copy of the amended order14\nis personally served on the respondent if the respondent is the person15\nsubject to the order and was not present when the court amended the16\norder.17\nDivision 12A.6 Review of firearm prohibition orders18\n183Z Application for review19\n(1) The following people may apply to the Magistrates Court for review20\nof a firearm prohibition order:21\n(a) the chief police officer;22\n(b) the person subject to the order, but only with the court’s leave;23\n(c) any other person affected by the order, but only with the court’s24\nleave.25\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an26\napplication, the form must be used.27\n\nSection 14\npage 26 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) On receiving an application to review a firearm prohibition order, the1\nregistrar of the court must do the following:2\n(a) set a return date for a hearing of the application, which is to be3\nas soon as practicable after the day the application is filed;4\n(b) as soon as practicable, give the applicant a timing notice for the5\nhearing;6\n(c) if the respondent is the chief police officer—personally serve on7\nthe respondent—8\n(i) a copy of the application; and9\n(ii) a copy of the timing notice.10\n(3) If the applicant is the chief police officer, the chief police officer11\nmust, as soon as practicable after receiving the timing notice, ensure12\nthe following are personally served on the respondent:13\n(a) a copy of the application;14\n(b) a copy of the timing notice.15\n(4) If the court must give the applicant leave before hearing an16\napplication to review a firearm prohibition order, the registrar of the17\ncourt must do the following:18\n(a) set a return date for a hearing of the application for leave;19\n(b) give the applicant a timing notice for the hearing.20\n183ZA Application for leave to review21\n(1) The Magistrates Court may give leave to a person subject to a firearm22\nprohibition order to apply to the court for review of the order only in23\nrelation to any of the following:24\n(a) an administrative defect or error in the order;25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a change in the circumstances of the person;1\nExample2\na change in the person’s housing, employment, health or cultural and social3\nneeds4\n(c) the effect of the order, including any conditions of the order or5\nthe exercise of powers under division 12A.10 (Enforcement),6\nwhich limits the human rights of the person in a way that is not7\nreasonable or justifiable.8\n(2) The court may give leave to a person affected by the order to apply to9\nthe court for review of the order only in relation to the ground10\nmentioned in subsection (1) (c).11\n(3) The court may give leave under subsection (1) or (2) only if satisfied12\nit is in the interests of justice to do so.13\n(4) The court may hear the application to review the firearm prohibition14\norder immediately following the giving of leave under this section.15\n183ZB Determination of review of firearm prohibition order16\n(1) On hearing an application under section 183Z to review a firearm17\nprohibition order (the original order), the Magistrates Court must—18\n(a) dismiss the application; or19\n(b) make an order to:20\n(i) confirm the original order; or21\n(ii) revoke the original order; or22\n(iii) vary the original order.23\n(2) Before making an order confirming or revoking the original order, the24\ncourt must consider the matters mentioned in section 183B.25\n(3) The court may consider anything else it considers relevant on hearing26\nthe application.27\n\nSection 14\npage 28 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The court may make an order confirming the original order only if1\nsatisfied—2\n(a) it continues to be in the public interest for the original order to3\nbe in force; and4\n(b) it is reasonable and justifiable in the circumstances for the5\noriginal order to be in force.6\n(5) The court may make an order revoking the original order only if no7\nlonger satisfied—8\n(a) it continues to be in the public interest for the original order to9\nbe in force; and10\n(b) it is reasonable and justifiable in the circumstances for the11\noriginal order to be in force.12\n(6) The court may make an order varying the original order only if13\nsatisfied the order as varied could be made on application for a14\nfirearm prohibition order.15\n(7) The chief police officer must ensure that a copy of an order made16\nunder subsection (1) (b) is personally served on the person subject to17\nthe order if the person was not present when the court made the order.18\nDivision 12A.7 Revocation of firearm prohibition19\norders20\n183ZC Application for revocation21\n(1) The chief police officer must apply to the Magistrates Court for the22\nrevocation of a firearm prohibition order in relation to a person if the23\nchief police officer no longer believes it is necessary for the person to24\nbe subject to the order.25\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an26\napplication, the form must be used.27\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An application for revocation must be accompanied by a supporting1\naffidavit.2\n(3) On receiving an application from the chief police officer to revoke a3\nfirearm prohibition order, the registrar of the court must do the4\nfollowing:5\n(a) set a return date for a hearing of the application, which is to be6\nas soon as practicable after the day the application is filed;7\n(b) as soon as practicable, give the applicant a timing notice for the8\nhearing.9\n(4) The chief police officer must, as soon as practicable after receiving10\nthe timing notice, ensure the following are personally served on the11\nperson subject to the firearm prohibition order:12\n(a) a copy of the application;13\n(b) a copy of the timing notice.14\n183ZD Determination of application for revocation15\n(1) On hearing an application under section 183ZC to revoke a firearm16\nprohibition order (the original order), the Magistrates Court must—17\n(a) dismiss the application; or18\n(b) make an order to:19\n(i) confirm the original order; or20\n(ii) revoke the original order.21\n(2) Before making an order confirming or revoking the original order, the22\ncourt must consider the matters mentioned in section 183B.23\n(3) The court may consider anything else it considers relevant on hearing24\nthe application.25\n\nSection 14\npage 30 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The court may make an order confirming the original order only if1\nsatisfied—2\n(a) it continues to be in the public interest for the original order to3\nbe in force; and4\n(b) it is reasonable and justifiable in the circumstances for the5\noriginal order to be in force.6\n(5) The court may make an order revoking the original order only if no7\nlonger satisfied—8\n(a) it continues to be in the public interest for the original order to9\nbe in force; and10\n(b) it is reasonable and justifiable in the circumstances for the11\noriginal order to be in force.12\n(6) The chief police officer must ensure that a copy of an order made13\nunder subsection (1) (b) is personally served on the person subject to14\nthe order if the person was not present when the court made the order.15\n183ZE Revocation by consent16\nOn application under section 183ZC, the Magistrates Court may17\nrevoke a firearm prohibition order with the consent of the parties to18\nthe proceeding—19\n(a) whether or not the parties have attended, or any party has20\nattended, before the court in relation to the application; and21\n(b) whether or not any ground for making the order under22\nsection 183ZD has been made out; and23\n(c) whether or not the court has considered the matters mentioned24\nin section 183B.25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 12A.8 Procedural matters1\nSubdivision 12A.8.1 Hearings2\n183ZF Hearings usually in public3\nThe hearing of an application for an order or decision under this part4\nmust be in public unless—5\n(a) section 183ZG applies; or6\n(b) the court makes an order under section 183ZH; or7\n(c) section 183ZZP applies.8\n183ZG Closed court for interim order hearings9\nThe hearing of an application for an interim order must take place in10\nprivate and in the absence of—11\n(a) the person in relation to whom the order is sought; and12\n(b) the person’s representative; and13\n(c) any other interested party.14\n183ZH Closed court in special circumstances15\n(1) This section applies if a court is hearing an application for an order or16\ndecision under this part, other than an application for an interim order.17\n(2) If satisfied it is in the public interest or the interests of justice, the18\ncourt may make an order—19\n(a) permitting—20\n(i) the hearing, or part of the hearing, to take place in private;21\nand22\n(ii) only stated people to be present at the hearing; or23\n\nSection 14\npage 32 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) prohibiting or restricting the publication of—1\n(i) evidence given at, or received for, the hearing, whether in2\npublic or private; or3\n(ii) a matter mentioned in a document filed in the court for the4\nproceeding; or5\n(c) prohibiting or restricting the disclosure to some or all of the6\nparties to the proceeding of—7\n(i) evidence given, or received, at the hearing, whether in8\npublic or private; or9\n(ii) a matter mentioned in a document filed in the court for the10\nproceeding.11\n(3) A person commits an offence if the person fails to comply with an12\norder under this section.13\nMaximum penalty: 100 penalty units, imprisonment for 1 year or14\nboth.15\n(4) Subsection (3) does not apply if the defendant has a reasonable16\nexcuse.17\nNote The defendant has an evidential burden in relation to the matters18\nmentioned in s (4) (see Criminal Code, s 58).19\nSubdivision 12A.8.2 Service of documents20\n183ZI Firearm prohibition order to be given to registrar21\nIf the Magistrates Court makes a firearm prohibition order, the chief22\npolice officer must give a copy of the order to the registrar.23\n183ZJ Alternative service24\n(1) This section applies if a document must be personally served on a25\nperson under this part.26\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If personal service is not reasonably practicable, the Magistrates1\nCourt may order that the document be served in a way, stated in the2\norder, that the court considers is likely to bring the document to the3\nattention of the person.4\n(3) If the court makes an order under subsection (2), the court may, in the5\norder, provide that the document is taken to have been served—6\n(a) on the happening of a stated event; or7\n(b) at a stated time; or8\n(c) at the end of a stated period.9\n183ZK Dismissal of application for non-service10\nThe Magistrates Court may dismiss an application for a final order if11\nsatisfied—12\n(a) the copies of the application, supporting affidavit, timing notice13\nand, if relevant, interim order, cannot be served on the14\nrespondent in accordance with section 183D (2) or section 183E15\n(3); and16\n(b) no alternative way of service would be effective to serve the17\napplication on the respondent; and18\n(c) the respondent has not intentionally avoided service.19\n183ZL Affidavit of service of documents by police20\nIf a police officer serves a document on a person under this part, an21\naffidavit of service by the officer may be sworn or affirmed before22\nanother police officer of, or above, the rank of sergeant.23\nNote An affidavit may also be sworn or affirmed before a person mentioned in24\nthe Oaths and Affirmations Act 1984, s 11.25\n\nSection 14\npage 34 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 12A.8.3 Non-attendance by party at proceeding1\n183ZM Meaning of order—sdiv 12A.8.32\nIn this subdivision:3\norder means—4\n(a) a final order; or5\n(b) an order amending a firearm prohibition order; or6\n(c) an order varying a firearm prohibition order; or7\n(d) an order revoking a firearm prohibition order; or8\n(e) any other order arising from the review of a firearm prohibition9\norder; or10\n(f) a decision in relation to the giving of leave to a person to apply11\nfor the review of a firearm prohibition order.12\n183ZN Applicant not present at return of application13\nIf the applicant is not present at the return of an application for an14\norder before the Magistrates Court, the court must—15\n(a) dismiss the application; or16\n(b) adjourn the proceeding for the application.17\n183ZO Respondent not present at return of application18\n(1) This section applies to the return of an application for an order before19\nthe Magistrates Court if the respondent—20\n(a) has been served with copies of the application, supporting21\naffidavit (if relevant) and timing notice; and22\n(b) is not present at the return.23\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The court must—1\n(a) decide the application in the respondent’s absence; or2\n(b) adjourn the hearing.3\n(3) If the court adjourns the hearing, the court must—4\n(a) give a direction that the respondent appear before the court on5\nthe day the hearing is adjourned to; or6\n(b) issue a summons requiring the respondent to appear before the7\ncourt on the day the hearing is adjourned to.8\n(4) This section does not prevent the court from making an order in the9\nproceeding.10\n183ZP Neither party present at return of application11\nIf neither party to an application for an order is present at the return12\nof the application before the Magistrates Court, the court may order13\nthe proceeding be dismissed.14\nDivision 12A.9 Appeals15\n183ZQ Appealable decisions and orders16\nThe following decisions or orders by the Magistrates Court under this17\npart are appealable:18\n(a) the making, amending, confirming, varying or revoking of a19\nfirearm prohibition order;20\n(b) a refusal to make, amend, confirm, vary or revoke a firearm21\nprohibition order;22\n(c) a refusal to give leave to a person to apply for the review of a23\nfirearm prohibition order;24\n(d) a decision about whether information is security sensitive25\ninformation.26\n\nSection 14\npage 36 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183ZR Appeals to Supreme Court1\n(1) A person may appeal to the Supreme Court against a decision or order2\nmentioned in section 183ZQ if the person was a party to the3\nproceeding in which the decision was made.4\n(2) The person must file a notice of appeal with the court not later than5\n28 days after—6\n(a) if the original decision or order was the making, amending or7\nvarying of a final order and the person the subject of the order8\nwas not present when the final order was made, amended or9\nvaried—the day the final order, amendment or variation is10\nserved on the person; or11\n(b) in any other case—the date of the original decision or order.12\n(3) However, the court may allow a person to file a notice of appeal after13\nthe period mentioned in subsection (2) if satisfied it is appropriate.14\n183ZS Evidence on appeal15\nIn an appeal, the Supreme Court must consider the evidence given in16\nthe proceeding from which the appeal arose, and has power to draw17\ninferences of fact and, in its discretion, to receive further evidence.18\n183ZT Powers of Supreme Court on appeal19\nOn an appeal, the Supreme Court may—20\n(a) confirm, reverse or vary the original decision or order; or21\n(b) make the decision or order that, in the circumstances, it22\nconsiders appropriate, or refuse to make an order; or23\n(c) set aside the original decision or order, completely or partly, and24\nremit the proceedings to the Magistrates Court for further25\nhearing, subject to the directions the Supreme Court considers26\nappropriate.27","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Section 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183ZU Effect of filing appeal1\nThe filing of an appeal against the following does not affect the2\noperation of the original decision or order to which the appeal relates:3\n(a) the making, amending or varying of a firearm prohibition order;4\n(b) a decision about whether information is security sensitive5\ninformation.6\nDivision 12A.10 Enforcement7\nSubdivision 12A.10.1 General8\n183ZV Disapplication of pt 149\nPart 14 (Enforcement) does not apply to this division, unless10\notherwise stated.11\nSubdivision 12A.10.2 Powers of police officers12\n183ZW Requirements before certain powers can be exercised13\n(1) This section applies to the exercise of any of the following powers by14\na police officer in relation to a person subject to a firearm prohibition15\norder:16\n(a) searching the person under section 183ZX;17\n(b) entering premises without a warrant under section 183ZY;18\n(c) entering premises without a warrant under section 183ZZ.19\n(2) The police officer must not exercise the power unless satisfied20\nexercising the power is reasonably required to determine that the21\nperson has acquired, possesses or is using a firearm or firearm-related22\nitem in contravention of the firearm prohibition order.23\n\nSection 14\npage 38 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (2), the police officer must take the following into1\naccount:2\n(a) whether the officer has credible information that suggests the3\nperson has acquired, possesses or is using a firearm or4\nfirearm-related item;5\n(b) if exercising a power of entry between 9 pm and 6 am into6\npremises that are the residence of the person—whether—7\n(i) it is necessary to enter the premises at that time; and8\n(ii) it is impractical to enter the premises at another time; and9\n(iii) another person, including a child, is likely to be present at10\nthe premises at that time;11\n(c) the effect on another person likely to be present during the12\nexercise of the power;13\n(d) the importance of the person’s privacy and the privacy of any14\nother person who may be affected by the exercise of the power;15\n(e) the person’s circumstances, to the extent they are known to the16\nofficer;17\nExample18\nthe person’s housing, employment, health, cultural and social needs19\n(f) how often and recently a power mentioned in subsection (1) has20\nbeen used in relation to the person.21\n(4) For subsection (2), the police officer may take any other matter into22\naccount, including the following:23\n(a) the person’s criminal history;24\n(b) the person’s behaviour;25\n(c) the other people with whom the person associates.26\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The police officer is not required to consider the matter mentioned in1\nsubsection (3) (f) if—2\n(a) the power is intended to be exercised because of unplanned and3\nurgent circumstances; and4\n(b) it is unreasonable for the officer to obtain the information5\nrequired to take the matter into account.6\n183ZX Power to search person and seize things7\n(1) A police officer may conduct a frisk search or an ordinary search of8\na person subject to a firearm prohibition order.9\n(2) The police officer who conducts the search may stop and detain the10\nperson being searched for as long as is reasonably necessary to11\nconduct the search.12\n(3) If practicable, a search must be carried out by a police officer of the13\nsame sex as the person being searched.14\n(4) The police officer who conducts the search must tell the person about15\nthe search and the reasons for the search.16\n(5) The police officer who conducts the search may seize any firearm or17\nfirearm-related item—18\n(a) found on the person or in any thing in the person’s possession;19\nor20\n(b) that the person has acquired, possesses or is using.21\n(6) The police officer may also seize any other thing found on the person22\nor in any thing in the person’s possession if satisfied on reasonable23\ngrounds—24\n(a) the thing is connected with an offence against this Act or a25\nserious offence; and26\n\nSection 14\npage 40 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the seizure is necessary to prevent the thing from being—1\n(i) concealed, lost or destroyed; or2\n(ii) used to commit, continue or repeat the offence.3\n(7) In this section:4\nfrisk search means—5\n(a) a search of a person conducted by quickly running the hands6\nover the person’s outer garments; and7\n(b) an examination of anything worn or carried by the person that is8\nconveniently and voluntarily removed by the person.9\nordinary search means a search of a person or of the person’s10\npersonal property that may include—11\n(a) requiring the person to remove their overcoat, coat or jacket and12\nany gloves, shoes, socks or hat; and13\n(b) an examination of those items or personal property.14\npersonal property, of a person, means things carried by the person or15\nthings apparently in the immediate control of the person, but does not16\ninclude clothing being worn by the person.17\n183ZY Power to enter and search certain premises and seize18\nthings without warrant19\n(1) This section applies in relation to a person subject to a firearm20\nprohibition order.21\n(2) A police officer may, at any time, enter the following premises:22\n(a) any residence, of the person, mentioned in the order;23\n(b) if the person is subject to a final order—any other premises24\nowned, leased or occupied, by the person, mentioned in the25\norder;26\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a vehicle, vessel or aircraft of which the person is in charge or is1\na passenger, wherever the vehicle, vessel or aircraft is located.2\n(3) On entering the premises, the police officer may:3\n(a) search the premises; and4\n(b) seize any firearm or firearm-related item found at the premises;5\nand6\n(c) for premises mentioned in subsection (2) (c)—stop and detain7\nthe vehicle, vessel or aircraft for as long as is reasonably8\nnecessary to conduct the search and any seizure.9\n(4) The police officer may also seize any other thing at the premises if10\nsatisfied on reasonable grounds—11\n(a) the thing is connected with an offence against this Act; and12\n(b) the seizure is necessary to prevent the thing from being—13\n(i) concealed, lost or destroyed; or14\n(ii) used to commit, continue or repeat the offence.15\n(5) The police officer may use the force that is reasonably necessary to16\nexercise the powers under this section.17\n183ZZ Power to enter and search other premises and seize18\nthings without warrant19\n(1) This section applies in relation to a person subject to a firearm20\nprohibition order.21\n(2) A police officer may, at any time, enter premises not mentioned in22\nsection 183ZY (2) if the officer believes on reasonable grounds the23\nexercise of the power is necessary to prevent the person—24\n(a) concealing, losing or destroying a thing connected with an25\noffence against this Act; or26\n\nSection 14\npage 42 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) committing, continuing or repeating the commission of an1\noffence against this Act.2\nNote The police officer must also consider that the exercise of power is3\nreasonably required to determine that the person has acquired, possesses4\nor is using a firearm or firearm-related item in contravention of a firearm5\nprohibition order to which the person is subject (see s 183ZW).6\n(3) The police officer who enters premises under subsection (2) may7\nsearch the premises and seize any firearm or firearm-related item8\nfound at the premises.9\n(4) The police officer may also seize any other thing found at the10\npremises if satisfied on reasonable grounds—11\n(a) the thing is connected with an offence against this Act; and12\n(b) the seizure is necessary to prevent the thing from being—13\n(i) concealed, lost or destroyed; or14\n(ii) used to commit, continue or repeat the offence.15\n(5) The police officer may use the force that is reasonably necessary to16\nexercise the powers under this section.17\n183ZZA Notification of intended exercise of power for certain18\npowers19\n(1) This section applies if a police officer intends to exercise a power20\nunder section 183ZY or section 183ZZ.21\n(2) Before entering premises, or as soon as possible after entering22\npremises, a police officer must tell the person subject to the firearm23\nprohibition order and any other person present at the premises—24\n(a) that the officer intends to carry out a search of the premises; and25\n(b) how long the search is intended to take; and26\n(c) the reason for exercising the power; and27\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the provisions of this Act under which the officer is exercising1\nthe power.2\n(3) The police officer must ensure the matters mentioned in3\nsubsection (2) are communicated in a way that the officer believes the4\nperson and any other person present is likely to understand.5\n(4) If the person is not present at the premises at the time the police6\nofficer intends to enter the premises, the officer must take reasonable7\nsteps to tell the person of the entry and search and the matters8\nmentioned in subsection (2) as soon as possible after exercising the9\npower.10\nSubdivision 12A.10.3 Warrants11\n183ZZB Warrant required for entry to other premises12\n(1) A police officer may apply to a magistrate for a warrant to enter13\npremises not mentioned in section 183ZY (2).14\n(2) The application must be sworn and state the grounds on which the15\nwarrant is sought.16\n(3) The magistrate may refuse to consider the application until the police17\nofficer gives the magistrate all the information the magistrate requires18\nabout the application in the way the magistrate requires.19\n(4) The magistrate may issue a warrant only if satisfied it is reasonably20\nrequired to determine if a person subject to a firearm prohibition order21\nhas acquired, possesses or is using a firearm or firearm-related item22\nin contravention of the order.23\n(5) The magistrate must take the following into account in considering24\nwhether the issue of the warrant is reasonably required:25\n(a) there is credible information that suggests the person has26\nacquired, possesses or is using a firearm or firearm-related item;27\n\nSection 14\npage 44 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the police officer is applying for a warrant to enter premises1\nthat are the residence of another person between 9 pm and 62\nam—whether—3\n(i) it is necessary to execute the warrant at that time; and4\n(ii) it is impractical to execute the warrant at another time; and5\n(iii) someone else, including a child, is likely to be present at6\nthe premises at that time;7\n(c) the effect on another person likely to be present during the8\nexecution of the warrant;9\n(d) the importance of the person’s privacy and the privacy of any10\nother person who may be affected by the execution of the11\nwarrant;12\n(e) the person’s circumstances, to the extent they are known to the13\nmagistrate;14\nExample15\nthe person’s housing, employment, health, cultural and social needs16\n(f) how often and recently a power mentioned in this division has17\nbeen used in relation to the person.18\n(6) The magistrate may take any other matter into account when19\nconsidering whether the issue of the warrant is reasonably required,20\nincluding the following:21\n(a) the person’s criminal history;22\n(b) the person’s behaviour;23\n(c) the other people with whom the person associates.24\n(7) The warrant must state—25\n(a) that a police officer may, with any necessary assistance and26\nforce, enter stated premises and exercise the officer’s powers27\nunder this division; and28\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the reason for which the warrant is issued; and1\n(c) the things that may be seized under the warrant; and2\n(d) the hours when the premises may be entered; and3\n(e) the date, within 7 days after the day of the warrant’s issue, the4\nwarrant ends.5\n183ZZC Application for warrant in urgent or special6\ncircumstances7\n(1) A police officer may apply to a magistrate for a warrant to enter8\npremises not mentioned in section 183ZY (2) by telephone, fax or9\nother electronic means if the officer considers it necessary because10\nof—11\n(a) urgent circumstances; or12\n(b) other special circumstances.13\n(2) The application must state the grounds on which the warrant is14\nsought.15\n(3) The police officer may apply for the warrant before the application is16\nsworn.17\n(4) If the magistrate issues the warrant, the magistrate must, if18\npracticable, immediately provide a written copy to the police officer.19\n(5) If it is not practicable to provide a written copy of the warrant to the20\npolice officer—21\n(a) the magistrate must tell the officer—22\n(i) the date and time the warrant was issued; and23\n(ii) the warrant’s terms; and24\n\nSection 14\npage 46 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the officer must complete a form of warrant (the warrant form)1\nand write on it—2\n(i) the magistrate’s name; and3\n(ii) the date and time the magistrate issued the warrant; and4\n(iii) the warrant’s terms.5\n(6) The written copy of the warrant, or the warrant form properly6\ncompleted by the police officer, authorises the entry and exercise of7\nthe officer’s powers under the warrant.8\n(7) The police officer must, at the first reasonable opportunity, send to9\nthe magistrate—10\n(a) the sworn application; and11\n(b) if the officer completed a warrant form—the completed warrant12\nform.13\n(8) On receiving the documents, the magistrate must attach them to the14\nwarrant.15\n(9) A court must find that a power exercised by a police officer was not16\nauthorised by a warrant under this section if—17\n(a) the question arises in a proceeding in the court whether the18\nexercise of power was authorised by a warrant; and19\n(b) the warrant is not produced in evidence; and20\n(c) it is not proved that the exercise of power was authorised by a21\nwarrant under this section.22\n183ZZD Requirements in executing warrant23\nDivision 14.3, other than section 211 and section 212, applies in24\nrelation to the execution of a warrant issued under section 183ZZB or25\nsection 183ZZC as if the warrant were issued under section 211 or26\nsection 212.27\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183ZZE Execution of warrant at premises1\n(1) A police officer who enters premises in accordance with a warrant2\nissued under section 183ZZB or section 183ZZC may search the3\npremises and seize any firearm or firearm-related item found at the4\npremises.5\n(2) The police officer may also seize any other thing found at the6\npremises if satisfied on reasonable grounds—7\n(a) the thing is connected with an offence against this Act; and8\n(b) the seizure is necessary to prevent the thing from being—9\n(i) concealed, lost or destroyed; or10\n(ii) used to commit, continue or repeat the offence.11\nSubdivision 12A.10.4 Seizure of things12\n183ZZF Seizure of things13\n(1) A police officer who seizes a thing under this division may—14\n(a) remove the thing from the premises where it was seized15\n(the place of seizure) to another place; or16\n(b) leave the thing at the place of seizure but restrict access to it.17\n(2) A person commits an offence if—18\n(a) the person interferes with a seized thing, or anything containing19\na seized thing, to which access has been restricted under20\nsubsection (1); and21\n(b) the person knows access to the seized thing has been restricted;22\nand23\n(c) the person does not have a police officer’s approval to interfere24\nwith the thing.25\nMaximum penalty: 50 penalty units.26","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Section 14\npage 48 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Strict liability applies to subsection (2) (a).1\n183ZZG Receipt for things seized2\n(1) As soon as practicable after a police officer seizes a thing under this3\ndivision, the officer must give a receipt for it to the person from whom4\nit was seized.5\n(2) If, for any reason, it is not practicable to comply with subsection (1),6\nthe police officer must leave the receipt, secured conspicuously, at the7\npremises where it was seized (the place of seizure).8\n(3) The receipt must include the following:9\n(a) a description of the thing seized;10\n(b) an explanation of why the thing was seized;11\n(c) the police officer’s name and information about how to contact12\nthe officer;13\n(d) if the thing is removed from the place of seizure—the address of14\nthe place to which the thing is removed;15\n(e) if a police officer has restricted access to the thing under16\nsection 183ZZF (1) (b)—that it is an offence under17\nsection 183ZZF (2) to interfere with the thing without a police18\nofficer’s approval.19\n183ZZH Access to things seized20\nA person who would, apart from the seizure, be entitled to inspect a21\nthing seized under this division may—22\n(a) inspect it; and23\n(b) if it is a document—take extracts from it or make copies of it.24\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183ZZI Securing things1\n(1) A police officer may, in exercising a power under this division, secure2\nany thing if satisfied on reasonable grounds—3\n(a) the thing is connected with a serious offence; and4\n(b) securing the thing is necessary to prevent the thing from being—5\n(i) concealed, lost or destroyed; or6\n(ii) used to commit, continue or repeat the offence.7\n(2) The police officer may apply to a magistrate for an order to seize the8\nsecured thing.9\n(3) The magistrate may make the order only if satisfied on reasonable10\ngrounds the thing is evidence connected with the commission of a11\nserious offence.12\n(4) A secured thing that is seized under an order mentioned in13\nsubsection (3) is only admissible as evidence in a proceeding for an14\noffence with leave of the court.15\n(5) In deciding whether to give leave, the court must consider whether16\nthe exercise of the power was lawful.17\n183ZZJ Return or forfeiture of things seized18\n(1) A thing seized under this division must be returned to its owner, or19\nreasonable compensation must be paid by the Territory to the owner20\nfor the loss of the thing, if a prosecution for an offence relating to the21\nthing is not started within 1 year after the day the thing is seized.22\n(2) If a prosecution for an offence relating to a thing seized under this23\ndivision is started within 1 year after the day the thing is seized, and24\nthe prosecution is not successful, the thing must be returned to its25\nowner.26\n\nSection 14\npage 50 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A thing seized under this division is forfeited to the Territory if there1\nis no requirement under this section—2\n(a) to return the thing to the person from whom it was seized; or3\n(b) to pay compensation for the thing.4\n(4) A thing forfeited to the Territory may be destroyed or otherwise5\ndisposed of as the registrar directs.6\n(5) This section does not apply if the thing seized under this division is a7\nfirearm or firearm-related item and the owner of the firearm or8\nfirearm-related item is subject to a firearm prohibition order.9\nSubdivision 12A.10.5 Miscellaneous10\n183ZZK Written reasons required after exercising certain powers11\n(1) This section applies if a police officer exercises any of the following12\npowers:13\n(a) searching a person under section 183ZX;14\n(b) entering premises without a warrant under section 183ZY;15\n(c) entering premises without a warrant under section 183ZZ.16\n(2) As soon as practicable after exercising the power, the police officer17\nmust record, in writing—18\n(a) their reasons for deciding the exercise of the power was19\nreasonably required to determine that the person has acquired,20\npossesses or is using a firearm or firearm-related item; and21\n(b) the particular matters stated in section 183ZW (3) or (4) that the22\nofficer took into account when making their decision; and23\n(c) for the power mentioned in subsection (1) (c)—the particular24\ngrounds stated in section 183ZZ (2).25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 12A.11 Destruction or disposal of1\nsurrendered or seized firearms or2\nfirearm-related items3\n183ZZL Destruction or disposal of surrendered or seized firearms4\nor firearm-related items5\n(1) This section applies in relation to a firearm or firearm-related item6\nsurrendered or seized by a police officer under this part.7\n(2) A police officer or the owner of the firearm or firearm-related item8\nmay apply to a court for an order that the firearm or firearm-related9\nitem is—10\n(a) forfeited to the Territory; or11\n(b) returned to the owner; or12\n(c) destroyed; or13\n(d) otherwise disposed of.14\n(3) The court may make the order it considers appropriate.15\n(4) However, the owner of the firearm or firearm-related item may not16\nbring an application under subsection (2) if the firearm or17\nfirearm-related item was not possessed lawfully by the owner prior to18\nthe surrender or seizure.19\n(5) This section is subject to section 183ZZJ (Return or forfeiture of20\nthings seized).21\n\nSection 14\npage 52 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 12A.12 Annual reporting and ombudsman1\noversight2\n183ZZM Report to Minister3\n(1) The chief police officer must, as soon as practicable after the end of4\neach calendar year, give a written report to the Minister setting out5\nthe following in relation to the year:6\n(a) the number of applications made for a firearm prohibition order;7\n(b) the number of firearm prohibition orders made;8\n(c) demographic information in relation to each person subject to a9\nfirearm prohibition order, but only if the information is not10\ninformation that identifies a person subject to a firearm11\nprohibition order;12\n(d) the number of times a power under division 12A.1013\n(Enforcement) was exercised and the number of times each14\npower was exercised;15\n(e) the number of firearms and firearm-related items seized during16\nthe exercise of a power under division 12A.10;17\n(f) the number of charges laid for offences against this Act18\nconnected with searches conducted under division 12A.10;19\n(g) the number of charges laid for any other offences connected with20\nsearches conducted under division 12A.10;21\n(h) the number of times a person was found guilty of an offence22\nagainst this part.23\n(2) The Minister must present the report to the Legislative Assembly as24\nsoon as practicable after the report is given to the Minister.25\n\nSection 14\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n183ZZN Report to ombudsman1\nThe chief police officer must, as soon as practicable after the end of2\neach calendar year, give a written report to the ombudsman setting3\nout the following in relation to the year:4\n(a) the number of firearm prohibition orders made;5\n(b) the number of times a power under division 12A.106\n(Enforcement) was exercised and the number of times each7\npower was exercised;8\n(c) the kinds of things seized during the exercise of a power under9\ndivision 12A.10;10\n(d) the number of firearms and firearm-related items seized during11\nthe exercise of a power under division 12A.10;12\n(e) the number of charges laid for offences against this Act13\nconnected with searches conducted under division 12A.10;14\n(f) the number of charges laid for any other offences connected with15\nsearches conducted under division 12A.10.16\n183ZZO Chief police officer to give application and firearm17\nprohibition order to ombudsman18\n(1) The chief police officer must, each time a firearm prohibition order is19\nmade, give the ombudsman—20\n(a) a copy of the application for the order; and21\n(b) a copy of the order.22\n(2) The copies of the application and order must be given to the23\nombudsman within 7 days after the day the order is made.24\n\nSection 14\npage 54 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 12A.13 Miscellaneous1\n183ZZP Court must decide whether information is security2\nsensitive information3\n(1) The chief police officer must apply to the Magistrates Court for a4\ndecision about whether information is security sensitive information5\nif the chief police officer—6\n(a) intends to use the information in a proceeding under this part7\n(a proposed proceeding); and8\n(b) believes on reasonable grounds the information is security9\nsensitive information.10\nNote If a form is approved under the Court Procedures Act 2004, s 8 for11\nan application, the form must be used.12\n(2) An application need not be served on anyone (including the person to13\nwhom the proposed proceeding relates) unless the court otherwise14\norders.15\n(3) On application, the court must decide whether the information is16\nsecurity sensitive information.17\n(4) Unless the chief police officer otherwise agrees, an application must18\nbe heard in closed court and in the absence of—19\n(a) the person to whom the proposed proceeding relates; or20\n(b) the person’s representative; or21\n(c) any other interested party.22\n(5) If the court decides that all or part of the information is security23\nsensitive information, the court must ensure the security sensitive24\ninformation is not disclosed in any reasons for the decision.25\n\nSection 15\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) If security sensitive information is to be used in the proposed1\nproceeding, the court must decide—2\n(a) whether the information is to be disclosed to—3\n(i) the person to whom the proposed proceeding relates or4\ntheir representative; or5\n(ii) any other interested party; and6\n(b) if the information is to be disclosed—whether the information is7\ndisclosed as a summary of the information.8\n183ZZQ Delegation by chief police officer9\nThe chief police officer may delegate a function under this part to a10\ndeputy chief police officer.11\n183ZZR Review of pt 12A12\n(1) The Minister must, as soon as practicable after the end of this part’s13\n3rd year of operation, review the following:14\n(a) the operation of this part;15\n(b) whether or not this part is operating in a way that is consistent16\nwith human rights.17\n(2) The Minister must present a report of the review to the Legislative18\nAssembly within 12 months after the day the review is started.19\n(3) This section expires 5 years after the day it commences.20\n15 Destruction or disposal of seized or surrendered firearms21\nNew section 262 (6A)22\ninsert23\n(6A) This section does not apply in relation to part 12A (Firearm24\nprohibition orders).25\n\nSection 16\npage 56 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Dictionary, definition of acquire, paragraph (a)1\nsubstitute2\n(a) a firearm or ammunition, for this Act (other than part 12A3\n(Firearm prohibition orders))—see section 8; and4\n17 Dictionary, new definitions5\ninsert6\namend, a firearm prohibition order, for part 12A (Firearm prohibition7\norders)—see section 183W.8\nfinal order, for part 12A (Firearm prohibition orders)—see9\nsection 183A.10\nfirearm prohibition order, for part 12A (Firearm prohibition11\norders)—see section 183A.12\nfirearm-related item means any of the following:13\n(a) a firearm part;14\n(b) ammunition;15\n(c) a suppressor;16\n(d) any other item prescribed by regulation.17\ninterim order, for part 12A (Firearm prohibition orders)—see18\nsection 183A.19\nlaw enforcement agency means each of the following:20\n(a) the Australian Federal Police;21\n(b) the police service or force of a State, another Territory or a22\nforeign country;23\n(c) the Department of Home Affairs (Cwlth);24\n(d) the Australian Criminal Intelligence Commission;25\n\nSection 17\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the New South Wales Independent Commission Against1\nCorruption or a similar entity established under the law of2\nanother State;3\n(f) the New South Wales Crime Commission or a similar entity4\nestablished under the law of another State;5\n(g) an entity prescribed by regulation.6\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).7\norder, for subdivision 12A.8.3 (Non-attendance by party at8\nproceeding)—see section 183ZM.9\npresent, in relation to a proceeding in the Magistrates Court, means10\nappears in person or is represented by another person in the11\nproceeding.12\nprohibited premises, for part 12A (Firearm prohibition orders)—see13\nsection 183A.14\nrelative, for part 12A (Firearm prohibition orders)—see the Family15\nViolence Act 2016, section 11.16\nresidence, of a person, for part 12A (Firearm prohibition orders)—17\nsee section 183A.18\nreturn date, for an application, for part 12A (Firearm prohibition19\norders)—see section 183A.20\nsecurity sensitive information means information held by a law21\nenforcement agency that relates to actual or suspected criminal22\nactivity (whether in the ACT or elsewhere), the disclosure of which23\ncould reasonably be expected to—24\n(a) prejudice a criminal investigation; or25\n(b) enable the discovery of the existence or identity of a confidential26\nsource of information relevant to law enforcement; or27\n(c) endanger a person’s life or physical safety.28\n\nSection 17\npage 58 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nserious offence, for part 12A (Firearm prohibition orders)—see1\nsection 183A.2\ntiming notice, for a hearing of an application under part 12A (Firearm3\nprohibition orders)—see section 183A.4\nvary, a firearm prohibition order, for part 12A (Firearm prohibition5\norders)—see section 183A.6\n\nConsequential amendments Schedule 1\nCourt Procedures Act 2004 Part 1.1\nAmendment [1.1]\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Consequential amendments1\n(see s 3)2\nPart 1.1 Court Procedures Act 20043\n[1.1] New section 41 (2) (da)4\ninsert5\n(da) the following sections of the Firearms Act 1996:6\n(i) section 183ZG (Closed court for interim order hearings);7\n(ii) section 183ZH (Closed court in special circumstances);8\n(iii) section 183ZZP (Court must decide whether information9\nis security sensitive information); and10\nPart 1.2 Magistrates Court Act 193011\n[1.2] New section 256 (aa)12\ninsert13\n(aa) a proceeding under the Firearms Act 1996, part 12A (Firearm14\nprohibition orders); or15\nPart 1.3 Ombudsman Act 198916\n[1.3] New section 4C (g)17\ninsert18\n(g) to monitor compliance with the Firearms Act 1996,19\ndivision 12A.10 (Enforcement) by the chief police officer and20\nother officers in exercising functions under that division.21\n\nSchedule 1 Consequential amendments\nPart 1.3 Ombudsman Act 1989\nAmendment [1.4]\npage 60 Firearms (Firearm Prohibition Orders)\nAmendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.4] New division 2.2AA1\nbefore division 2.2A, insert2\nDivision 2.2AA Monitoring police compliance with3\nFirearms Act 19964\n17CA Police to give ombudsman reasonable assistance5\nThe chief police officer and other officers exercising functions under6\nthe Firearms Act 1996, division 12A.10 (Enforcement) must give the7\nombudsman any assistance that the ombudsman reasonably requires8\nto exercise the ombudsman’s functions in relation to that division.9\n17CB Power to enter police premises10\n(1) The ombudsman or a police officer may, after notifying the chief11\npolice officer of the intended entry, enter, at any time, any premises12\noccupied by the Australian Federal Police where the ombudsman13\nreasonably believes there are documents that are relevant to the14\nombudsman’s functions in relation to the Firearms Act 1996,15\ndivision 12A.10 (Enforcement).16\n(2) The ombudsman or a police officer may inspect or copy any17\ndocument found at any premises entered under this section and do18\nanything that is necessary or convenient to do to enable an inspection19\nto be carried out under this section.20\n[1.5] New section 20B21\ninsert22\n20B Reports on police compliance with Firearms Act 199623\n(1) The ombudsman may, at any time, give the Minister administering24\nthe Firearms Act 1996 a written report on—25\n(a) the results of any inspections carried out under section 17CB26\n(Power to enter police premises); and27","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Consequential amendments Schedule 1\nOmbudsman Act 1989 Part 1.3\nAmendment [1.5]\nFirearms (Firearm Prohibition Orders)\nAmendment Bill 2026\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) compliance with the Firearms Act 1996, division 12A.101\n(Enforcement) in the period to which the report relates by the2\nchief police officer and other officers and people assisting in3\nexercising functions under that division.4\n(2) If the Minister administering the Firearms Act 1996 asks the5\nombudsman for a report under this section, the ombudsman must give6\nthe Minister the report as soon as practicable after receiving the7\nrequest.8\n(3) The ombudsman must give a copy of a report under this section to the9\nchief police officer.10\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 24 February 2026.\n2 Notification\nNotified under the Legislation Act on 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2026","sortOrder":5}],"analysis":{"summary":{"status_summary":"The bill was introduced in the ACT Legislative Assembly on 24 February 2026 and has not yet been enacted.","complexity_score":6,"likely_questions":["Who can be subject to a firearm prohibition order?","How long does a final order last and can it be renewed?","What rights does a person have to challenge an order or police actions?","What constitutes a 'firearm-related item' under the new definitions?","Can police enter my home without a warrant if I am subject to an order?"],"complexity_factors":["Introduces a completely new Part (12A) with multiple divisions covering definitions, applications, conditions, offences, enforcement, and oversight","Creates new criminal offences with varying penalties (up to 10 years) and strict liability elements","Provides police with powers of warrantless entry and search subject to a reasonableness test with multiple factors to consider","Establishes a two-tier order system (interim and final) with different procedural requirements and durations","Includes court procedures for amendment, review, revocation, and appeal to the Supreme Court"],"plain_english_summary":"The Bill creates a firearm prohibition order (FPO) regime in the ACT allowing the chief police officer to seek interim or final orders against adults believed to have unlawfully acquired, used or possessed firearms or related items. Orders suspend/cancel licences, bar possession/acquisition, create new criminal offences and give police expanded warrantless stop, search and entry powers.\n\nIt provides Ombudsman oversight and a three‑year review. It chiefly affects people with past unlawful firearm conduct and raises risks of expanded state intervention and legal burdens on respondents."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Bill significantly expands the Firearms Act 1996 by adding a comprehensive new civil/criminal regime (Part 12A) for firearm prohibition orders. Previously the Act focused on licensing, registration and offences about firearms and ammunition. The Bill adds: (a) a court‑ordered prohibition mechanism (interim and final orders) enforceable by criminal sanctions (ss 183M–183Q); (b) broad police powers tailored to enforce those orders including warrantless entry/search and a bespoke warrant scheme (ss 183ZX–183ZZE); (c) an enlarged coverage to include \"firearm‑related items\" (Dictionary insert); (d) administrative requirements for personal service, reporting and written reasons, plus Ombudsman monitoring powers over police (ss 183D–183E, 183ZZK, 183ZZM–183ZZN and Schedule 1); and (e) closed court and security‑sensitive information procedures (s 183ZZP). Together these changes move the Act beyond traditional licensing and offences into a preventative civil order framework backed by substantial enforcement and oversight architecture (see new Part 12A generally)."},"complexity_factors":["Introduces an extensive new Part (12A) with many numbered sections (183A through 183ZZR) and multiple subdivisions covering definitions, applications, hearings, enforcement, seizure, disposal, reporting and review.","Several newly defined terms and cross‑references (new Dictionary inserts including 'firearm‑related item', 'prohibited premises', 'security sensitive information').","Layered decision‑making: chief police officer initiates applications (s 183C), Magistrates Court makes or refuses orders (ss 183F, 183H), magistrates issue/warrant decisions (ss 183ZZB–183ZZC), and appeals to the Supreme Court (ss 183ZQ–183ZT).","Multiple conditional and ex parte procedures (interim orders in respondent’s absence, closed court rules for interim and security‑sensitive matters — ss 183E–183F, 183ZG, 183ZZP).","Complex enforcement rules combining warrantless entry, warranted entry, and warrant procedure with specific judicial considerations (ss 183ZY, 183ZZ, 183ZZB–183ZZE) and mandatory written reasons (s 183ZZK).","Numerous criminal offences with varying maximum penalties and strict liability rules; evidential burdens on defendants (ss 183Q–183V and Criminal Code s 58 notes).","Detailed property handling and evidence rules for seized items, including special return/forfeiture timelines and a carve‑out for items seized under Part 12A (ss 183ZZF–183ZZJ, s 262(6A)).","Reporting, oversight and review requirements that create ongoing administrative obligations for police and new Ombudsman powers (ss 183ZZM–183ZZN; Schedule 1 — new ss 17CA–17CB and 20B).","Interplay with other laws and bodies (Family Violence Act definition of 'relative', Criminal Code evidential rules, Court Procedures Act forms requirement, and the Ombudsman Act additions).","Broad regulation‑making hooks (prescribing additional \"firearm‑related items\", 'prohibited premises') that add downstream complexity."],"plain_english_summary":"**What this Bill does (mechanics first)\n\n- Creates a new, standalone scheme (Part 12A) in the Firearms Act 1996 for \"firearm prohibition orders\". These are court orders — either short-term interim orders or longer final orders — that stop a named adult from acquiring, possessing or using firearms and \"firearm‑related items\" (defined to include parts, ammunition, suppressors and anything else prescribed by regulation) (see new sections 183A, 183M and the Dictionary inserts).  \n\n- Who can start the process: only the chief police officer can apply to the Magistrates Court for an order (new s 183C). Police must follow any Ministerial guideline before applying (s 183C(2)–(4)).  \n\n- How the court decides: the Magistrates Court must consider a set of factors (criminal history, past unlawful firearm behaviour, the likelihood of future acquisition, associations, human rights impacts, risk to people or property and other relevant material) when deciding whether an order should be made (s 183B).  \n\n- Interim orders: the court may make an interim order urgently and without the respondent present (ex parte) if satisfied it is in the public interest and needed to reduce a significant risk of serious harm (s 183E–183F). Interim orders have a limited duration (s 183I).  \n\n- Final orders: a final order may be made if the court is satisfied the person has at any time unlawfully acquired/possessed/used or attempted to do so and that a final order is reasonable and justifiable and in the public interest (s 183H). Final orders last up to 3 years (s 183I(4)). The court must record reasons when it makes an order (s 183L).  \n\n- Conditions and effects: orders must prohibit acquiring, possessing or using firearms and firearm‑related items while in force (s 183M). The court must suspend (interim order) or cancel (final order) any licences or permits the person holds (s 183N). The court can require surrender of licences, permits, firearms or firearm‑related items and may impose narrowly drawn conditions allowing entry to otherwise \"prohibited premises\" for genuine reasons (ss 183O–183P).  \n\n- Criminal offences and penalties: the Bill makes contravening an order an offence with significant penalties — up to 10 years imprisonment for acquiring/possessing/using while subject to an order (s 183Q). Other offences include failing to surrender licences/permits or firearms (up to 5 years: ss 183R–183S), entering or remaining at prohibited premises (up to 1 year or 100 penalty units: s 183T), and disposing of firearms or firearm‑related items to a person known to be subject to an order (up to 7 years for firearms, 3 years for related items: s 183U). Several of these offences attract strict liability for the fact of being subject to an order (see ss 183Q, 183R(2), 183S(2), 183T(2), 183V(3)).  \n\n- Police enforcement powers: the Bill provides police with powers specific to enforcing firearm prohibition orders, including frisk and ordinary searches of the person (s 183ZX), entry and search of certain premises without a warrant (s 183ZY), entry to other premises without a warrant where necessary (s 183ZZ), and a bespoke warrant process for other premises (ss 183ZZB–183ZZE). These powers are gated: a police officer must reasonably believe the power is necessary to determine whether the person has the prohibited firearm or item, and the officer must take into account specified factors (privacy, likelihood of others being present, the person’s circumstances and prior uses of powers) before acting (s 183ZW). Police must record in writing the reasons for exercising many of these powers (s 183ZZK). Seized items are subject to return/forfeiture rules, and there is a tailored process for destruction or disposal of seized or surrendered firearms and related items (ss 183ZZF–183ZZL and s 262(6A)).  \n\n- Court procedure, secrecy and security‑sensitive information: interim order hearings are held in private and in the respondent’s absence (s 183ZG). The Chief Police Officer can apply for a judicial ruling that particular material is \"security sensitive information\"; that application is heard in closed court and the court must decide how (or whether) the information is disclosed in later proceedings (s 183ZZP and related clauses).  \n\n- Reviews, appeals and oversight: the person subject to an order can seek amendment or review (with leave in many cases) and there are appeal pathways to the Supreme Court (Divisions 12A.5–12A.9). The chief police officer must report annually to the Minister and to the Ombudsman on numbers of applications, orders, enforcement uses, seizures and related charges (ss 183ZZM–183ZZN). The Ombudsman is given monitoring powers, including access to police documents and premises relevant to enforcement (Schedule 1 additions to the Ombudsman Act — new ss 17CA–17CB and 20B). The Minister must review operation and human rights compatibility of the Part after three years (s 183ZZR).  \n\n\nOfficial stated purpose then a short, practical test of trade‑offs\n\n- Official claim: the Bill adds an explicit object to allow for orders that prohibit acquisition, possession or use of firearms or firearm‑related items (new s 5(2)(g)) and creates the legal mechanism to make and enforce such orders.\n\n- Practical implications, costs and incentives (section citations included):\n  - Who decides: the chief police officer initiates the process by application (s 183C). The Magistrates Court (magistrate) makes the order, applies conditions and records reasons (ss 183B, 183C, 183H, 183L). Appeals go to the Supreme Court (ss 183ZQ–183ZT).  \n  - Who pays or bears costs: respondents face loss of license/permits, possible confiscation or destruction of firearms or related items, criminal liability with significant maximum penalties (ss 183N, 183ZZL, 183Q–183U). The Territory (police and courts) bear enforcement and administrative costs (searches, service, court hearings, reporting obligations) and the Bill requires additional police record‑keeping and annual reporting (ss 183ZZK, 183ZZM).  \n  - Behaviour changes: people subject to orders must surrender licences/items, avoid specified \"prohibited premises\", and notify changes of residence or other premises within 7 days (ss 183O, 183T, 183V). Police will be incentivised to use the new civil/criminal tool where they consider a risk exists (s 183C, and s 183B lists matters police must consider before applying).  \n  - Compliance and administration burden: police must personally serve documents, prepare supporting affidavits, keep written reasons after exercising intrusive powers, and supply annual reports to the Minister and Ombudsman (ss 183D–183E, 183X, 183ZZK, 183ZZM–183ZZN). The Ombudsman is given powers to inspect police premises and documents (Schedule 1, new ss 17CA–17CB and 20B).  \n  - Human rights and privacy checks: the court must consider limits on human rights when deciding orders (s 183B(e)–(f)), interim hearings occur in closed court (s 183ZG) and the Bill requires a Ministerial review of operation and human‑rights compatibility after 3 years (s 183ZZR).  \n  - Legal risks and evidentiary shifts: several offences apply strict liability to the status of being subject to an order while defendants carry an evidential burden to show a reasonable excuse (see ss 183Q, 183R(2) & note re Criminal Code s 58). That combination shifts aspects of the evidential load onto defendants.  \n  - Substitution and regulatory scope: the prohibition covers \"firearm‑related items\" (new Dictionary definition) and the regulations can add items; that extends the practical scope beyond registered firearms to components and accessories (Dictionary insert, s 17).  \n\n\nWho is affected and why it matters (plain terms)\n\n- Directly affected: any adult the chief police officer applies to the Magistrates Court about; if the court makes an order, that person loses the legal right to acquire, possess or use firearms and prescribed firearm‑related items while the order is in force (ss 183C, 183M, 183I). They also risk criminal penalties for non‑compliance (ss 183Q–183V).  \n- Indirectly affected: family members and others living at the same residence (the order can impose removal/surrender requirements affecting firearms owned by others living with the respondent — s 183O); firearm dealers and storage facilities who must not transfer firearms to a person known to be subject to an order (s 183U); police and courts who must administer, enforce and hear applications; and the public via the resource costs for enforcement and hearings.  \n\n\nTrade‑offs, concentrated benefits and diffuse costs (mechanisms, not judgments)\n\n- Concentrated benefits: people considered at risk of harm from a particular individual may receive concrete protection from an order prohibiting that individual’s access to firearms (s 183B, s 183M).  \n- Diffuse costs: increased burden on police and courts (application processing, warrants, searches, reporting), and on the public purse where seizures, storage, forfeiture, disposal and court time are involved (ss 183ZZF–183ZZJ, 183ZZM).  \n- Incentive effects: police gain an extra enforcement tool (s 183C) which may increase use of court time and investigative activity; respondents face stronger penalties and strict liability in parts, which raises the stakes of contesting orders (ss 183Q–183S).  \n- Implementation risks and compliance costs: the Bill creates detailed operational steps (service, written reasons, reporting, Ombudsman access) that require new processes and resourcing in police and court systems (ss 183D–183E, 183ZZK, 183ZZM–183ZZN; Schedule 1 additions to the Ombudsman Act).  \n\n\nKey sections to look at quickly\n\n- New Part 12A (all): definitions and scheme (s 183A and following).  \n- Application and who applies: s 183C.  \n- Court’s decision factors: s 183B.  \n- Interim order mechanics and closed hearings: ss 183E–183F, 183ZG.  \n- Final orders, duration and reasons: ss 183H, 183I, 183L.  \n- Prohibitions and criminal penalties: ss 183M–183U.  \n- Police enforcement powers (search/entry/seizure/warrants): ss 183ZX–183ZZE and ss 183ZW, 183ZZK.  \n- Reporting and oversight (Minister and Ombudsman): ss 183ZZM–183ZZN and Schedule 1 amendments to the Ombudsman Act (new ss 17CA–17CB, 20B).  \n- Security sensitive information and closed court decisions about disclosure: s 183ZZP.  \n- Mandatory review of the Part after 3 years: s 183ZZR.\n\n(End of summary.)"}},"importantCases":[],"_links":{"self":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026","history":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026/history","analysis":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026/analysis","conflicts":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026/conflicts","importantCases":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026/important-cases","documents":"/api/acts/firearms-firearm-prohibition-orders-amendment-bill-2026/documents"}}