sec.43ARequirement to check licence or authority for sale of small arms ammunition

sec.43A Requirement to check licence or authority for sale of small arms ammunition

This section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds— a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or an authority under this Act that authorises the buyer to sell, store or use small arms ammunition. The seller must not sell the small arms ammunition to the buyer unless— the seller has seen the buyer’s licence or authority; and if a verification system is prescribed by regulation for the licence or authority— if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) . Maximum penalty—140 penalty units. For subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer— the date and time of the transaction; the type and quantity of the ammunition; the name and address of the buyer; the buyer’s licence number or authority number; the expiry date of the buyer’s licence or authority; if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority; if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — the reason the seller is unable to access the internet, if known; and the seller’s internet service provider. If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must— as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police. Maximum penalty—140 penalty units. For this section, a verification system is not available for use by a seller if— the system is not operational; or the seller is unable to access the internet because of an event out of the seller’s control. a power outage that causes the seller’s internet to be inaccessible In this section— firearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2. interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) . verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) . s 43A ins 2024 No. 45 s 42 (sec.43A-ssec.1) This section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds— a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or an authority under this Act that authorises the buyer to sell, store or use small arms ammunition. (sec.43A-ssec.2) The seller must not sell the small arms ammunition to the buyer unless— the seller has seen the buyer’s licence or authority; and if a verification system is prescribed by regulation for the licence or authority— if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) . Maximum penalty—140 penalty units. (sec.43A-ssec.3) For subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer— the date and time of the transaction; the type and quantity of the ammunition; the name and address of the buyer; the buyer’s licence number or authority number; the expiry date of the buyer’s licence or authority; if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority; if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — the reason the seller is unable to access the internet, if known; and the seller’s internet service provider. (sec.43A-ssec.3A) If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must— as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police. Maximum penalty—140 penalty units. (sec.43A-ssec.3B) For this section, a verification system is not available for use by a seller if— the system is not operational; or the seller is unable to access the internet because of an event out of the seller’s control. a power outage that causes the seller’s internet to be inaccessible (sec.43A-ssec.4) In this section— firearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2. interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) . verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) .