Firearms Act 1996

1 Name of Act This Act is the Firearms Act 1996.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘explosive—see the Dangerous Substances Act 2004, section 73.’ means that the term ‘explosive’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • offences against pt 7 (Firearms licences) • offences against pt 10 (Permits to acquire firearms) • offences against pt 11 (Registration of firearms and firearm users) • s 180 (Offence—failing to comply with storage requirements) • offences against pt 13 (Firearms dealers) (other than s 199 (1) to (3) and s 200)

Preliminary Part 1 • offences against pt 14 (Enforcement) • offences against pt 15 (Offences) (other than s 221 to s 223, s 229 to s 236, s 239 to s 241, s 242 (2), s 250, s 251, s 253, s 254 and s 255 to s 257). The Criminal Code, ch 2 sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5 Principles and objects of Act (1) The underlying principles of this Act are— (a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety; and (b) to improve public safety— (i) by imposing strict controls on the possession and use of firearms; and (ii) by promoting the safe and responsible storage and use of firearms; and (c) to facilitate a national approach to the control of firearms. (2) The objects of this Act are as follows: (a) to prohibit the possession and use of all automatic firearms, self- loading rifles and shotguns (including pump action shotguns), except in special circumstances; (b) to establish an integrated licensing and registration scheme for all firearms; (c) to require each person who possesses or uses a firearm under the authority of a licence to establish a genuine reason for possessing or using the firearm; (d) to provide strict requirements that must be satisfied in relation to the licensing of firearms and the acquisition and sales of firearms; (e) to ensure that firearms are stored and conveyed in a safe and secure manner; (f) to provide for an amnesty period to enable the surrender of certain prohibited firearms.

6 Meaning of firearm firearm— (a) means a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused; and (b) includes— (i) a blank fire firearm; and (ii) an airgun; and (iii) a paintball marker; and (iv) something declared to be a firearm under section 31; and (v) a modified item; and (vi) a firearm frame or firearm receiver that does not form part of a firearm. (2) However, firearm does not include— (a) something prescribed by regulation not to be a firearm; or (b) something declared not to be a firearm under section 31. modified item means something that would be a firearm if— (a) it did not have something missing from it, or a defect or obstruction; or (b) something had not been added to it.

7 Meaning of prohibited firearm prohibited firearm— (a) means— (i) a firearm described in schedule 1; and (ii) a firearm prescribed by regulation; and (iii) something declared to be a prohibited firearm under section 31; and (b) includes a modified firearm. Note A prohibited firearm includes a prohibited pistol (see sch 1, items 21 to 23). (2) However, prohibited firearm does not include something declared not to be a prohibited firearm under section 31. (3) A regulation may amend schedule 1 by— (a) adding the name or description of a firearm; or (b) amending a name or description of a firearm to more accurately describe the firearm; or (c) omitting the name and description of a firearm. modified firearm means a firearm that would be a prohibited firearm if— (a) it did not have something missing from it, or a defect or obstruction; or (b) something had not been added to it.

8 Meaning of acquire acquire, a firearm or ammunition, means— (a) buy, accept, receive or otherwise take possession of the firearm or ammunition; but (b) does not include take temporary possession of the firearm. temporary possession of a firearm—a person takes temporary possession of a firearm— (a) if the person is a licensed firearms dealer who has possession of the firearm to— (i) repair, maintain or test it; or (ii) store it for the person who gave it to the dealer; or (b) if the person is a registered principal for, or registered user of, the firearm and the person has possession of the firearm; or (c) if the person is authorised to possess or use the firearm under section 14 (Authority to possess and use firearms temporarily) and the person has possession of the firearm; or (d) if the firearm is a paintball marker, the person is authorised to possess, use or store the paintball marker under section 15 (Paintball markers—authority to possess, use or store) and the person has possession of the paintball marker; or (e) in any other circumstances prescribed by regulation.

9 Meaning of dispose dispose, of a firearm, means sell, give away or otherwise transfer

10 Meaning of possession (1) For this Act, a person has possession of a firearm if the person— (a) has the firearm on their person, including in something carried or worn by the person (physical possession); or (b) has the firearm at premises owned, leased or occupied by the person; or (c) otherwise has the care, control or management of the firearm. Example—possession Simon buys a firearm illegally. He hands it to Penny to look after it for him while he appears in court. Simon still has the care, control or management of the firearm and so has possession of the firearm. Penny holds the firearm and also has (2) Also, for this Act, a person has possession of a firearm if— (a) part of the firearm is in the person’s possession; and (b) other parts of the firearm are in the possession of 1 or more other people; and (c) at least 1 of the other people is in possession of the other part or parts for an agreed purpose with the person; and (d) the parts would make up the firearm if fitted together.

11 Evidence of possession—firearms at premises (1) For this Act, a person is not taken to have possession of a firearm only because the firearm is at premises owned, leased or occupied by the person if— (a) the person does not know that the firearm is at the premises; or Stuart buys a house from Bob. The house has ducted heating, and the old fireplace cannot be used. Bob owns a firearm but, before moving out, he hides it in a cavity in the house’s chimney. Stuart does not know that Bob hid the firearm in the chimney. Stuart does not have possession of the firearm because he does not know that the firearm is in the chimney. (b) someone else who is authorised to possess the firearm— (i) is also at the premises; or (ii) has the care, control or management of the firearm; or Example—par (b) (i) Charlotte is giving Bruce a lift in her car to a shooting range. Bruce is licensed and has his registered firearm with him. Charlotte is not in possession of the firearm because Bruce is authorised to possess the firearm and he is in the car. Example—par (b) (ii) Isabel and Roy share a house. Roy is licensed and stores his registered firearm in the house. Isabel does not have access to the firearm and has nothing to do with it. Isabel is not in possession of the firearm even when Roy, the person authorised to possess the firearm, is not at the house, because Roy is the person who has the care, control or management of the firearm. (c) someone else who is not authorised to possess the firearm has the care, control or management of the firearm; or (d) the trier of fact is otherwise satisfied that the person was not in

(2) To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a matter mentioned in subsection (1) has the evidential burden in relation to the matter.

12 Evidence of possession—care, control or management of (1) To work out whether a person has the care, control or management of a firearm for this Act, each of the following must be considered: (a) whether the person knows about the firearm; (b) whether the person can use or dispose of the firearm; (c) whether the person can control or prevent someone else from using or having physical possession of the firearm. physical possession—see section 10 (1) (a).

13 Taking possession under credit contract (1) For this Act— (a) a person who takes possession of a thing under a credit contract is taken to have acquired it; and (b) the person who possessed the thing immediately before parting with possession is taken to have disposed of it. credit—see the National Credit Code, section 204 (1). credit contract means a contract under which credit is or may be provided.

14 Authority to possess and use firearms temporarily (1) A person is authorised to possess or use a firearm if— (a) the person is a licensee to whom the firearm is lent by someone else (the lender) during a shooting or paintball competition; and (b) the licensee is licensed to use a firearm of the same kind as the firearm lent; and (c) the lender is a licensee; and (d) the lender is present while the person to whom the firearm is lent has possession of the firearm. (2) A person is authorised to possess or use a firearm if— (a) the person has possession of the firearm on an approved shooting range to receive instruction in the use of the firearm; and (b) the person is under the immediate supervision of an authorised (c) the person is at least the age prescribed by regulation for section 85 (Minors firearms licences—applications); and (d) the instructor is authorised under subsection (3) to possess or use (3) A person is authorised to possess or use a firearm if— (a) the person is an authorised instructor for an approved club; and (b) the firearm is a registered firearm; and (c) the person is licensed to possess or use a firearm of that kind; and (d) the person has possession or use of the firearm for the purpose of giving instruction.

(4) A person is authorised to possess or use an airgun if the person— (a) has possession of it for shooting at a shooting gallery, show, fair or amusement centre; and (b) is under the immediate supervision of— (i) the registered owner or a registered user of, or the registered principal for, the airgun; or (ii) for an airgun owned by someone from a State or another Territory who holds a licence or permit (however described) (an interstate licence) in force under the law of the State or Territory that authorises the use or possession of the airgun—the owner or someone employed by the owner who holds an interstate licence. (5) A person is authorised to possess or use a firearm in any other circumstances prescribed by regulation.

15 Paintball markers—authority to possess, use or store (1) This section applies in relation to the possession or use of a paintball marker in the ACT at an approved paintball range operated by the paintball range operator for the range. (2) The paintball range operator, and an adult employee of the operator, are authorised to possess or use the paintball marker if the possession is in the course of the operation of the paintball range or the employee’s employment. (3) An adult is authorised to possess or use the paintball marker if— (a) the marker is in the person’s possession with the knowledge and approval of the paintball range operator or an adult employee of the operator; and (b) the person is taking part in a paintball activity conducted by the operator.

(4) A person who is 16 or 17 years old (a young participant) is authorised to possess or use the paintball marker if the possession or use is in accordance with— (a) the requirements stated in subsection (3) (a) and (b); and (b) the written consent of a responsible person for the young participant. Note A responsible person for a young participant is a person with parental responsibility for the participant (see dict). (5) The paintball range operator is authorised to store, for the holder of a paintball marker licence, a registered paintball marker held under the Note See s 181 (Offence—storage requirements for category A, category B and paintball marker licences).

16 Meaning of close associate of firearms dealer etc (1) For this Act, an entity is a close associate of a licensed firearms dealer if— (a) the entity— (i) holds or will hold a financial interest, or is or will be entitled to exercise a relevant power, in the dealer’s business; and (ii) is able, or will be able, to exercise significant influence in relation to the conduct of the business because of the interest or power; or (b) the entity holds or will hold a relevant position in the dealer’s business. exercise a power includes exercise the power for someone else.

financial interest, in relation to a business, means— (a) a share in the capital of the business; or (b) an entitlement to receive income derived from the business, however the entitlement arises. hold a position includes hold the position for someone else. licensed firearms dealer includes an applicant for a firearms dealer power means a power exercisable— (a) by voting or otherwise; and (b) alone or with others. relevant position, in a business, means a position (however described) whose holder takes part in the management of the business. relevant power, in relation to a business, means a power— (a) to take part in a directorial, managerial or executive decision for the business; or (b) to elect or appoint a person to a relevant position in the business.

17 Assessing suitability of individuals (1) This section applies if the registrar is deciding an individual’s suitability in relation to— (a) an authorisation mentioned in section 39 (b) (Authorised instructors and club members); or (b) an application under this Act; or (c) the cancellation of a licence; or

(d) whether the individual is a prohibited person under section 187 (Meaning of prohibited person for licensed firearms dealers). Note The registrar must or may decide an individual’s suitability in relation to the following applications and licences: • applications for adult firearms licences (see s 58), firearms dealer licences (see s 69), minors firearms licences (see s 88) and composite entity firearms licences (see s 104); • cancellation of adult firearms licences (see s 81), minors firearms licences (see s 98) and composite entity firearms licences (see s 120). (2) In making the decision, the registrar— (a) must consider any discretionary criteria under section 18 that apply to the individual; and (b) must— (i) consider whether any of the mandatory criteria under section 19 are satisfied in relation to the individual; and (ii) if 1 or more criteria are satisfied—decide that the individual is not suitable.

18 Assessing suitability of individuals—discretionary criteria (1) For section 17, the following are the discretionary criteria in relation to an individual: (a) whether the registrar believes on reasonable grounds that, because of the individual’s physical or mental health, the individual may not handle firearms responsibly; Note 1 Under s 56, the registrar may require the applicant for an adult firearms licence to give the registrar stated further information or documents that the registrar reasonably needs to decide the application. This could include a document that is a consent to the disclosure of personal health information (see s 56 (3)).

Note 2 See also s 86 (Minors firearms licences—requirement for further information etc) and s 102 (Composite entity firearms licences— requirement for further information etc). (b) whether, during the 10 years before the day the registrar decides the individual’s suitability, the individual has— (i) been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or (ii) been subject to a final protection order that— (A) has been revoked; or (B) permits the individual to possess or retain a firearm; or Note The Magistrates Court may order that the firearms licence of a person subject to a final order not be cancelled under the Personal Violence Act 2016, s 37 (3). (iii) been subject to an interim protection order; or (iv) been convicted or found guilty of an offence (other than a prescribed offence)— (A) against this Act or a corresponding law; or (B) in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or Note 1 A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). Note 2 Found guilty, of an offence—see the Legislation Act, dictionary, pt 1. (v) given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or (vi) had their licence or permit suspended or cancelled;

(c) whether the registrar believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm; Note The Minister may make guidelines about the making of decisions about the public interest under this paragraph (see s 37). (d) any other criteria prescribed by regulation. law enforcement agency means each of the following: (a) the Australian Federal Police; (b) the police service or force of a State, another Territory or a foreign country; (c) the Department of Home Affairs (Cwlth); (d) the Australian Criminal Intelligence Commission; (e) the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State or Territory; (f) the New South Wales Crime Commission or a similar entity established under the law of another State or Territory; (g) an entity prescribed by regulation. prescribed offence means— (a) an offence— (i) against this Act or a corresponding law; or (ii) in the ACT or elsewhere involving violence, drugs, alcohol or weapons; and (b) an offence punishable by imprisonment for longer than 1 year.

18A Protection of security sensitive information (1) This section applies if, in deciding an individual’s suitability under section 17, the registrar— (a) considers discretionary criteria under section 18 (1) (c) in relation to the individual; and (b) believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm. (2) The registrar is not required under this Act or any other territory law to give reasons for the registrar’s decision to the extent that giving those reasons would disclose security sensitive information. law enforcement agency—see section 18 (2). security sensitive information means information held by a law enforcement agency that relates to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to— (a) prejudice a criminal investigation; or (b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or (c) endanger a person’s life or physical safety.

18B ACAT or court review—decision on security sensitive information (a) an individual applies to the ACAT or the court for review of a decision of the registrar under this Act (the relevant decision); and

(b) the registrar has not given reasons for the relevant decision under section 18A (2). (2) The registrar must apply to the ACAT or the court for a decision about whether the reasons disclose security sensitive information. (3) The registrar need not notify anyone about the registrar’s application (including the applicant for the review of the relevant decision) unless the ACAT or the court otherwise orders. (4) On application, the ACAT or the court must decide whether the information is, or is not, security sensitive information. security sensitive information—see section 18A (3).

18C ACAT or court review—dealing with security sensitive information (1) This section applies if the ACAT or the court decides under section 18B that reasons for a relevant decision disclose security sensitive information. (2) In deciding an application for review of the relevant decision, the ACAT or the court must— (a) ensure security sensitive information is not disclosed in any reasons for the decision; and (b) receive evidence and submissions that would disclose security sensitive information in private, in the absence of the public, the applicant for review, the applicant’s representative and any other interested party. (3) However, the ACAT or court need not receive evidence or submissions in accordance with subsection (2) (b) if the registrar otherwise agrees.

relevant decision—see section 18B (1) (a). security sensitive information—see section 18A (3).

19 Assessing suitability of individuals—mandatory criteria (1) For section 17, the following are the mandatory criteria in relation to an individual: (a) for an application for a licence other than a composite entity firearms licence—the registrar believes on reasonable grounds that the individual may not personally exercise continuous and responsible control over a firearm because of the individual’s way of living or domestic circumstances; (b) within the 10 years before the day the registrar decides the individual’s suitability, the individual has been— (i) subject to a final protection order other than an order that— (A) has been revoked or successfully appealed against; or (B) permits the individual to possess or retain a firearm; or Note The Magistrates Court may order that the firearms licence of a person subject to a final order not be cancelled under the Personal Violence Act 2016, s 37 (3). (ii) subject to an order under this Act or a corresponding law that prohibits the person from possessing or using a firearm (other than an order that has been successfully appealed against); or (iii) convicted or found guilty of a prescribed offence in the ACT or elsewhere; Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.

(c) the individual is not suitable because of a reason prescribed by prescribed offence—see section 18 (2). successfully appealed against—an order is successfully appealed against if an appeal against the making of the order is upheld.

20 Approval of courses etc by registrar (1) The registrar may approve the following for this Act: (a) a firearms training course; (b) a shooting competition; (c) a paintball competition; (d) an event involving firearms. (2) An approval under this section is a notifiable instrument.

21 Government-owned firearms For this Act, a firearm owned by the Territory, a State or another Territory for which the head of a government agency is responsible, is taken to be owned by the agency. Note The head of the agency is the principal for the firearm (see s 100).

22 People responsible for certain actions etc For this Act— (a) a thing done for a composite entity is taken to have been done by the entity; and (b) a thing done in relation to a principal or employee of a composite entity is taken to have been done in relation to the entity. Note Composite entity and principal—see s 100.

23 People exempt from Act etc (1) A person mentioned in schedule 2, part 2.2, column 2 is exempt from this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the person. (2) A person mentioned in schedule 2, part 2.3, column 2 does not commit an offence against this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the (3) A person mentioned in schedule 2, part 2.4, column 2 does not commit an offence against this Act in relation to a firearm in the circumstances mentioned in column 3 for the person. (4) To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a circumstance mentioned in schedule 2, part 2.2, part 2.3 or part 2.4, column 3 has the evidential burden in relation to the circumstance.

Operation of Act Part 3 (5) For this section, a person is exempt from, or does not commit an offence against, this Act including because of an exception or immunity under a Commonwealth law. Note 1 This Act can only bind the Crown in right of the Commonwealth if regulations under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 27 allow it to do so. Note 2 A regulation may also exempt a person from this Act (see s 272 (2) (r)).

23A Application of Act to imitation firearms (1) This Act applies to an imitation firearm in the same way as it applies to a firearm, subject to the following: (a) the registrar must not issue a licence for the possession or use of an imitation firearm (except to a firearms dealer); (b) the registrar may issue a permit for the possession or use of an imitation firearm; (c) an imitation firearm is not required to be registered. (2) For the application of this Act to an imitation firearm— (a) an imitation firearm that is an imitation of a pistol is taken to be a pistol; and (b) an imitation firearm that is an imitation of a prohibited firearm is taken to be a prohibited firearm. (3) In this Act: imitation firearm— (a) means something that, regardless of its colour, weight or composition or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm but is not a (b) includes something that the registrar declares to be an imitation firearm under section 31.

(4) However, imitation firearm does not include— (a) something that is produced and identified as a children’s toy; or (b) something prescribed by regulation not to be an imitation (c) something declared not to be an imitation firearm under section 31.

Unregulated firearms Part 4

24 Meaning of unregulated firearm—Act unregulated firearm—a thing is an unregulated firearm if— (a) the thing is designed, made or altered to be used as a firearm; and (b) the only practical use of the thing is as a firearm; and (c) the thing is not a prohibited firearm; and (d) the possession or use of the thing is not authorised under this Act.

25 Unregulated firearms—seizure by police A police officer may seize a thing if the police officer believes on reasonable grounds that the thing is an unregulated firearm and that the seizure is necessary— (a) because the thing would pose a risk to the safety of anyone if used; and (b) to prevent the thing from being used or concealed, lost or destroyed.

26 Unregulated firearms—receipt for seizure (1) A police officer who seizes a thing under section 25 must give a receipt for the thing to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the police officer must leave the receipt, secured conspicuously, at the premises where it was seized (the place of seizure). (3) The receipt must include the following: (a) a description of the thing seized;

(b) an explanation of why the thing was seized; (c) the police officer’s name, and how to contact the officer; (d) if the thing is removed from the place of seizure under section 27—the address of the place to which the thing is removed.

27 Unregulated firearms—examination (1) A police officer who seizes a thing under section 25 (Unregulated firearms—seizure by police) may remove the thing from the premises where it was seized to another place for examination or processing, for not longer than 7 days (the 7-day period). (2) A police officer may apply to the Magistrates Court for an extension of the 7-day period if the officer believes on reasonable grounds that the thing cannot be examined or processed within that time. (3) The police officer must, if practicable, give notice of the application to the person from whom the thing was seized, and the person is entitled to be heard on the application. (4) The court may order the extension if satisfied on reasonable grounds that the thing cannot be examined or processed within the 7-day period. (5) If a thing is moved to another place under this section, the police officer must, if practicable, tell the person from whom the thing was seized (or the person’s representative) the results of the examination or processing.

28 Unregulated firearms—access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under section 25 (Unregulated firearms—seizure by police) may inspect it.

Unregulated firearms Part 4

29 Unregulated firearms—review of decision to seize (1) The registrar must review each seizure under section 25 (Unregulated firearms—seizure by police) and order the return of the thing to the person from whom it was seized if— (a) when seized, the thing was not— (i) an unregulated firearm; or (ii) a prohibited firearm; or (b) within 30 days after the day of seizure, the thing is not a prohibited firearm; or (c) the registrar has no reasonable grounds to believe that the thing is connected with an offence against any of the following: (i) this Act; (ii) the Prohibited Weapons Act 1996; (iii) the Crimes Act 1900; (iv) the Criminal Code; (v) another law prescribed by regulation. (2) If a thing is ordered to be returned under subsection (1) to the person from whom it was seized, but it cannot be returned, the Territory must pay reasonable compensation to the owner of the thing for its loss. offence includes an offence that there are reasonable grounds for believing has been, is being or will be, committed.

30 Unregulated firearms—forfeiture (1) A thing seized under section 25 (Unregulated firearms—seizure by police) is forfeited to the Territory if there is no requirement under section 29— (a) to return the thing to the person from whom it was seized; or (b) to pay compensation for the thing. (2) A thing forfeited to the Territory may be destroyed or otherwise disposed of as the registrar directs.

Declarations about firearms Part 5

Part 5 Declarations about firearms

31 Firearms declarations by registrar (1) The registrar may, in accordance with any guidelines under section 37 (Minister’s guidelines), do any of the following: (a) declare something to be a firearm or imitation firearm; (b) declare an unregulated firearm to be a prohibited firearm; (c) declare that something is not a firearm, imitation firearm or prohibited firearm. (2) A declaration remains in force for 3 months. (3) A declaration is a disallowable instrument. (4) The registrar must give additional public notice of the declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

32 Effect of certain declarations A person does not commit an offence against this Act in relation to the possession or use of a thing that is the subject of a declaration under section 31 (1) (a) or (b) if the elements of the offence happen less than 2 days after the day the declaration is notified under the Legislation Act.

33 Registrar of firearms The chief police officer may appoint a person who is a police officer who holds a rank of or above that of superintendent to be the Registrar of Firearms. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

34 Functions of registrar The registrar has the functions given to the registrar by this Act or any other law of the Territory. Note A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and function).

35 Delegation by registrar (1) The registrar may delegate the registrar’s functions under this Act or another territory law to a police officer. (2) However, the registrar must not delegate the registrar’s functions under section 18A, 18B or 18C. Note 1 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. Note 2 In particular, the delegation must be in writing (see Legislation Act, s 232).

36 Reports and recommendations The registrar must report to the Minister on any matter referred by the Minister to the registrar for report.

37 Minister’s guidelines (1) The Minister may make guidelines for this Act. (2) The Minister may make guidelines about the making of the following decisions by the registrar: (a) a decision about the public interest under section 18 (1) (c) (Assessing suitability of individuals—discretionary criteria); (b) a decision under section 20 (Approval of courses etc by registrar); (c) a decision under section 31 (Firearms declarations by registrar); (d) a decision under this Act whether it is in the public interest to— (i) issue a licence; or (ii) put a condition on a licence; or (iii) suspend a licence; (e) a decision about an authorisation under any of the following (i) section 39 (Authorised instructors and club members); (ii) section 73 (1) (e) (Adult firearms licences—conditions); (iii) section 94 (1) (b) (Minors firearms licences—conditions); (iv) section 116 (1) (f) (Composite entity firearms licences— conditions); (v) section 130 (1) (e) (Temporary international firearms licences—conditions); (vi) section 244 (Offence—sale of ammunition by licensed firearms dealers); (vii) section 245 (Offence—sale of ammunition by authorised club members);

(viii) section 248 (Offence—acquiring ammunition); (ix) section 252 (Offences—defacing, altering and removing identification marks); (f) a decision about an approval under any of the following (i) section 221 (Discharge etc of firearm—public places etc); (ii) section 222 (1) (b) (Discharge of firearm—general); (iii) section 250 (Modification of firearms). (3) The registrar must comply with any guidelines about the making of decisions by the registrar. (4) Also, the Minister may make guidelines about the following: (a) the safe storage of firearms on premises; (b) making firearms inoperable; (c) the operation of shooting ranges; (d) the operation of paintball ranges; (e) the correction of records required to be kept by licensed firearms dealers under this Act. (5) A guideline is a disallowable instrument.

38 Amnesty (1) A person who is not authorised by a licence or permit to possess a firearm may surrender the firearm to a police officer. (2) A proceeding does not lie against a person in relation to the possession of a firearm under either of the following sections if the firearm is surrendered to a police officer under subsection (1): (a) section 42 (Offence—unauthorised possession or use of prohibited firearms); (b) section 43 (Offence—unauthorised possession or use of firearms other than prohibited firearms).

39 Authorised instructors and club members The registrar may, in writing, authorise— (a) a licensee to give instruction in the use of firearms if the licensee has completed an approved firearms training course; or (b) a member of an approved club to sell ammunition if the registrar is satisfied on reasonable grounds that the member is suitable.

40 Approval of clubs (1) A collectors, hunting or shooting club may apply to the registrar for approval for this Act. (2) The registrar may approve the club. (3) The registrar may approve the club only if satisfied that— (a) the club is a corporation; and (b) if the club is a collectors club— (i) the club holds regular meetings and activities in relation to the collection of firearms; and

(ii) the club is formed or carried on for the purpose of directly promoting or encouraging the collection of firearms or firearms of a particular kind; and (c) if the club is a hunting club— (i) the club conducts regular recreational hunting activities requiring the use of firearms; and (ii) the main objects of the club are to conduct recreational hunting activities requiring the use of firearms, whether or not its activities are carried out partly outside the ACT; and (d) if the club is a shooting club— (i) the club conducts regular shooting competitions or other activities requiring the use of firearms; and (ii) the club is formed or carried on for the purpose of directly promoting or encouraging the sport of shooting, whether or not its activities are carried out partly outside the ACT; and (e) the club meets the requirements (if any) prescribed under the regulations. (4) In deciding whether to approve the club, the registrar must have regard to— (a) the membership rules of the club; and (b) for a shooting club—whether the club owns or uses an approved shooting range or club premises; and (c) anything else prescribed under the regulations. (5) An approval is subject to the conditions (if any) prescribed under the regulations. (6) An approval is a disallowable instrument.

41 Registrar’s approval to possess ammunition as collector (1) A person may apply to the registrar for approval to possess ammunition. (2) The registrar must approve the application unless prevented from doing so by subsection (3). (3) The registrar must not approve the application unless satisfied on (a) the applicant is a collector of ammunition; and (b) the collection of ammunition does not, and will not, consist of more rounds of ammunition that are identical as to the following than the registrar considers reasonable in the interests of public safety: (i) manufacturer; (ii) date of manufacture; (iii) calibre or type; (iv) if the ammunition bears a cartridge headstamp— headstamp.

42 Offence—unauthorised possession or use of prohibited (a) possesses or uses— (i) 10 or more prohibited firearms; or (ii) 3 or more prohibited firearms, but less than 10 prohibited firearms; or (iii) 1 or 2 prohibited firearms; and (b) is not authorised by a licence or permit to possess or use each of the prohibited firearms. (a) for paragraph (a) (i)—imprisonment for 20 years; or (b) for paragraph (a) (ii)—imprisonment for 14 years; or (c) for paragraph (a) (iii)—imprisonment for 10 years. use each of the prohibited firearms under 1 or more of the following

Requirement for licence etc Division 7.1 s (2) (see Criminal Code, s 59).

43 Offence—unauthorised possession or use of firearms other than prohibited firearms (a) possesses or uses— (i) 10 or more firearms; or (ii) 3 or more firearms, but less than 10 firearms; or (iii) 1 or 2 firearms; and (b) is not authorised by a licence or permit to possess or use each of the firearms. (a) for subsection (1) (a) (i)—imprisonment for 20 years; or (b) for subsection (1) (a) (ii)—imprisonment for 7 years; or (c) for subsection (1) (a) (iii)—imprisonment for 5 years. use each of the firearms under 1 or more of the following sections:

s (1A) (see Criminal Code, s 59). firearm does not include a prohibited firearm.

44 Alternative verdicts—unauthorised possession or use of (1) This section applies if, in a prosecution for an offence against section 42 (Offence—unauthorised possession or use of prohibited firearms), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 43. (2) The trier of fact may find the defendant guilty of the offence against section 43, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

45 Offence—contravention of condition by licensee etc (a) possesses or uses a prohibited firearm; and (b) is authorised by a licence or permit to possess or use the firearm; and (c) contravenes a condition of the licence or permit. Maximum penalty: 1 000 penalty units, imprisonment for 10 years or (a) possesses or uses a firearm (other than a prohibited firearm); and (b) is authorised by a licence or permit to possess or use the firearm; and (c) contravenes a condition of the licence or permit. (3) Subsections (1) and (2) do not apply to a condition that the licensee or permit-holder must allow a police officer to enter to inspect facilities if— enter or inspect facilities; and

46 Definitions of some licences—Act adult firearms licence means a licence issued to an adult under division 7.3.

composite entity firearms licence means a licence issued to a composite entity under division 7.5. minors firearms licence means a licence issued to a child under division 7.4. temporary international firearms licence means a licence issued under division 7.6.

47 Offence—notice of lost, stolen and destroyed licences A licensee commits an offence if— (a) the licence is lost, stolen or destroyed; and (b) the licensee knows about the loss, theft or destruction; and (c) the licensee fails to tell the registrar about the loss, theft or destruction within 7 days after the day the licensee becomes aware of the loss, theft or destruction.

48 Offence—failing to surrender firearms when licence suspended or cancelled (a) the person’s licence is suspended or cancelled; and (b) the person intentionally or negligently fails to surrender any firearm in the person’s possession to a police officer— firearm, and the person has the firearm—immediately; or (ii) as soon as possible after the day the person is given notice of the suspension or cancellation; or

(iii) if a longer time is stated in the notice—within the time

49 Offence—failure to give up suspended or cancelled (a) the person’s licence is suspended or cancelled; and (b) the person intentionally or negligently fails to give the licence to a police officer— licence, and the person has the licence—immediately; or (ii) as soon as possible after the day the person is given notice of the suspension or cancellation; or (iii) if a longer time is stated in the notice—within the time

50 Police may seize firearms under suspended and cancelled licences (1) A police officer may seize any firearm in a person’s possession if a licence held by the person is suspended or cancelled. (2) When the suspension of a licence ends, a police officer must return any firearm seized under this section to the licensee if— (a) the licence is in force or has not been further suspended; or (b) possession of the firearm is not otherwise prohibited under this Act.

51 Licence renewals to be treated as fresh applications To remove any doubt, this Act applies to an application for the renewal of a licence as if it were an application for a new licence.

52 Licence categories, kinds and authority conferred by (1) The categories of licences, the kinds of licences, the firearms to which they apply, and the possession or use they authorise, are set out in schedule 3. (2) In addition to the firearms mentioned in schedule 3, column 3 that are excluded from category C and D licences, a regulation may prescribe other firearms that are excluded from the category. (3) A regulation may prescribe subcategories of category H licences. (4) The possession or use authorised by a licence is subject to any (5) The registrar may declare the category of a firearm if— (a) the firearm does not have a category under this Act; or (b) it is not clear to which category the firearm belongs. Note Category, of firearm—see the dictionary. (6) A declaration is a disallowable instrument. (7) The registrar must give additional public notice of the declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (7) is in addition to the requirement for notification on the legislation register as a disallowable instrument.

53 Authority conferred by licence—additional matters (1) A licence that authorises the licensee to have possession of a firearm also authorises the licensee to have possession of the firearm while— (a) taking it to a licensed firearms dealer for the purpose of— (i) selling it; or (ii) having it altered (otherwise than to convert it into a prohibited firearm), maintained, tested or repaired and subsequently recovering it from the dealer; and (b) taking it to a police officer for the purpose of having it inspected and subsequently recovering it from a police officer; and (c) taking it to a police officer for the purpose of surrendering it. (2) A licence (other than a firearms dealer licence or paintball marker licence) that authorises the licensee to use a firearm also authorises the licensee, in accordance with this Act or another territory law, to acquire, possess or use the calibre of ammunition made for use in the Note 1 A licensee must not possess, at any one time, an amount of ammunition that is more than the amount (if any) prescribed by regulation, unless authorised in writing by the registrar (see s 73, s 94, s 116 or s 130). Note 2 A licensee must not acquire ammunition unless the amount of ammunition that is acquired at any one time is not more than the amount (if any) prescribed by regulation (see s 248). (3) A licence that authorises the licensee to have possession or use of a registered firearm also authorises the licensee to use the registered firearm at an approved shooting range for 1 or more of the following purposes: (a) to test the firearm; (b) to adjust the sights on the firearm; (c) to develop and refine self-loaded ammunition;

(d) to receive instruction and certification in the use of the firearm for an employment-related purpose. Example—employment-related purpose a person with an employee licence under the Security Industry Act 2003 wanting to maintain that licence (4) For subsection (3), a licensee need not be a member of the shooting club that operates the approved shooting range. (5) Unless a regulation prescribes otherwise, a category C licence does not authorise the possession or use of a prohibited firearm for a shooting competition. (6) A licence does not authorise the possession of— (a) a prohibited firearm; or (b) a firearm manufactured after the prescribed date; for the purposes of a firearms collection.

Division 7.3 Licensing scheme—adult firearms

54 Adult firearms licences—applications (1) An adult may apply to the registrar for an adult firearms licence. (b) contain the information prescribed by regulation; and (c) be accompanied by the documents prescribed by regulation.

55 Adult firearms licences—registrar to tell applicant about training etc On receiving an application for an adult firearms licence, the registrar must give the applicant information about— (a) any approved firearms training courses that must be completed by the applicant; and (b) the firearm storage and safety requirements under this Act.

56 Adult firearms licences—requirement for further (1) This section applies to an application for an adult firearms licence. grounds that the applicant’s mental health may affect the applicant’s ability to handle firearms responsibly, the registrar may ask the applicant to consent to the disclosure to the registrar of personal health information about the applicant from a health record relating to the applicant. consent must be in writing and name the health service provider who made the health record.

57 Adult firearms licences—decision On an application for an adult firearms licence, the registrar must issue the licence unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to issue an adult firearms licence, see s 58 and s 63 to s 70.

58 Adult firearms licences—refusal (1) The registrar must refuse to issue an adult firearms licence to an applicant for the licence unless satisfied on reasonable grounds— (b) that the applicant is suitable; and (c) that the applicant has a genuine reason for possessing or using a (d) that the applicant will comply with the following in relation to the storage of each registered firearm held under the licence: (i) for a firearm stored in the ACT—part 12 (Safe storage of firearms); (ii) for a firearm stored in New South Wales—the requirements for storage under a permit issued under the Firearms Act 1996 (NSW), section 28; and

(e) that— (i) the applicant is, or is about to become, a resident of the ACT; or (ii) in accordance with section 61, it would be necessary for the applicant to possess or use the firearm in the lawful course of business or employment in the ACT; and (f) that each registered firearm held under the licence will be— (i) stored in the ACT; or (ii) if the applicant’s genuine reason for possessing or using a firearm relates to an activity that occurs in New South Wales—authorised to be stored in New South Wales by a permit issued under the Firearms Act 1996 (NSW), section 28. (a) the applicant is not an adult; or (b) for an application other than a renewal—the applicant holds a licence of the category applied for; or (c) for an application for a licence other than a category D licence— the applicant has not completed each approved firearms training course for the category of licence applied for; or (d) for an application for a category D licence—the applicant is not accredited by an entity approved by the registrar; or (e) the registrar believes on reasonable grounds that it would be (3) The approval of an entity under subsection (2) (d) is a notifiable instrument.

59 Adult firearms licences—categories An adult firearms licence must be issued in 1 of the following categories: (c) category C; (d) category D; (e) category H; (f) collectors; (g) heirlooms; (h) firearms dealer; (i) paintball marker.

60 When adult firearms licences may be issued The registrar must not issue an adult firearms licence earlier than 28 days after the day the application for the licence is made.

61 Adult firearms licences—genuine reasons to possess or (1) An applicant for an adult firearms licence has a genuine reason to possess or use a firearm if the registrar is satisfied that the applicant intends to possess or use the firearm for 1 or more of the reasons mentioned in table 61, column 2. (2) The applicant must produce evidence (including evidence of a kind, if any, mentioned in table 61, column 3) of the requirements mentioned in column 3 in relation to the applicant’s genuine reason if asked to do so by the registrar.

nature conservation licence—see the Nature Conservation Act 2014, section 262. public unleased land permit—see the Public Unleased Land Act 2013, section 40. reserve—see the Nature Conservation Act 2014, section 169. Note Reserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land. Table 61 item 1 sport or target shooting 1.1 For an applicant to whom section 75 (Adult firearms licences—special conditions for category H licences for sport or target shooting) applies—the applicant is a member of an approved shooting club that conducts competitions or activities requiring the use of the firearm for which the licence is sought. 1.2 For any other applicant—the applicant is an active member of an approved shooting club that conducts competitions or activities requiring the use of the firearm for which the licence is sought. 2 recreational hunting or vermin control on rural land 2.1 For recreational hunting or vermin control on rural land— (a) the applicant has the permission of the owner or occupier of the land to shoot on the land; or (b) the applicant— (i) is an active member of an approved hunting club; and (ii) intends to use the firearm solely to take part in recreational hunting activities conducted by the club; and

item (iii) proves that the main objects of the club are to conduct recreational hunting activities requiring the use of the firearm for which the licence is sought; and (iv) proves that the club has the permission of the owner or occupier of the land to conduct those activities on the land. 2.2 For vermin control in a reserve—the applicant holds a nature conservation licence, or a public unleased land permit, authorising the applicant to use a firearm in a reserve to kill animals. 3 primary production The applicant— (a) is a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production; and (b) intends to use the firearm solely in relation to farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned). 4 vertebrate pest animal control The applicant is— (a) a professional contract shooter employed in controlling vertebrate pest animals on rural land; or (b) a person employed by or in, or authorised by, a government agency prescribed by regulation that has functions relating to the control or suppression of vertebrate pest animals; or (c) a person whose occupation is the business of a primary producer, or who is the owner, lessee, or manager of land used for primary production, and who is taking part in an authorised campaign conducted by or on behalf of a government agency to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis. 5 business or employment The applicant needs to possess or use the firearm for which the licence is sought in the conduct of the applicant’s business or employment.

item 6 occupational relating to rural purposes The applicant is employed in a rural occupation that requires the possession or use of the firearm for which the licence is sought. 7 animal welfare The applicant is— (a) an officer of the Royal Society for the Prevention of Cruelty to Animals; or (b) a veterinary practitioner; or (c) a person employed by or within, or authorised by, an administrative unit with responsibility for animal welfare; or (d) an owner, transporter, drover or other handler of animals who may need to destroy an animal to avoid it suffering. 8 firearms collection 8.1 For a licence that authorises the applicant to collect pistols manufactured after 1946—the applicant proves (by producing written evidence from the approved collectors club of which the applicant is a member) that— (a) the applicant has been a member of the club for at least 1 year; and (b) the collection has a thematic structure; and (c) the applicant researches or studies firearms; and (d) the members of the club collect firearms of the kind for which the licence is sought; and (e) the licence application is supported by the club. 8.2 For a licence that authorises the applicant to collect any other kind of firearms— (a) the applicant is a member of an approved collectors club; and (b) the collection has a genuine historical or thematic structure or a genuine commemorative or investment value; and

item (c) the members of the club collect firearms of the kind for which the licence is sought; and (d) the licence application is supported by the club. 9 heirloom possession The applicant wants to possess a firearm that is an heirloom. 10 paintball activity The applicant wants to possess or use a paintball marker for paintball activities.

62 Adult firearms licences—no genuine reason to possess or use firearms An applicant for an adult firearms licence does not have a genuine reason to possess or use a firearm if the applicant intends to possess or use the firearm for— (a) personal protection or the protection of anyone else; or (b) the protection of property (other than in circumstances constituting a reason of a kind mentioned in table 61, column 2).

63 Adult firearms licences—restriction on issue of category B licences Unless a regulation prescribes otherwise, the registrar must not issue a category B licence to an adult unless the adult, in addition to establishing a genuine reason to possess or use a firearm, produces evidence that satisfies the registrar that the adult has a special need to possess or use a firearm to which a category B licence applies.

64 Adult firearms licences—restriction on issue of category C licences The registrar must not issue a category C licence to an adult unless— (a) the genuine reason established by the adult to possess or use a firearm is primary production (or another genuine reason prescribed by regulation); and (b) the adult produces evidence that satisfies the registrar that— (i) the adult has a special need to possess or use a firearm to which a category C licence applies; and (ii) the special need cannot be met in any other way (whether by the authority given by a category A or category B licence or otherwise).

65 Adult firearms licences—restriction on issue of category D licences (1) The registrar must not issue a category D licence to an adult unless— (a) the genuine reason established by the adult to possess or use a firearm is vertebrate pest animal control; and (b) the adult produces evidence that satisfies the registrar that the adult has a special need to possess or use a firearm to which a category D licence applies; and (c) for an adult mentioned in table 61, item 4, column 3, paragraph (c)—the adult produces evidence that satisfies the registrar that the special need cannot be met in any other way (whether by the authority given by a category B or category C licence, by engaging a professional contract shooter or otherwise); and (d) the Minister authorises the issue in writing. (2) The Minister’s authority may be given on the condition that the licence is issued subject to a stated condition that the Minister believes on reasonable grounds is in the public interest.

(3) If a guideline mentioned in section 37 (2) (d) (ii) is in force, the guideline applies in relation to subsection (2) as if the Minister were the registrar.

66 Adult firearms licences—restriction on issue of category H licences The registrar must not issue a category H licence to an adult unless— (a) the adult has established 1 or more of the following genuine reasons to possess or use a firearm: (i) sport or target shooting; (ii) business or employment; (iii) firearms collection; and (b) the adult produces evidence that satisfies the registrar that the adult has a special need to possess or use a pistol; and (c) if the adult’s only genuine reason to possess or use a firearm is sport or target shooting—the adult gives the registrar written evidence from an approved shooting club of which the adult is a member that the licence application is supported by the club.

67 Adult firearms licences—restriction on issue of collectors The registrar must not issue a collectors licence to an adult unless satisfied on reasonable grounds that the adult collects firearms.

68 Adult firearms licences—restrictions on issue of heirlooms licence The registrar must not issue an heirlooms licence to an adult— (a) for more than 1 firearm or a matched pair of firearms; and (b) unless satisfied on reasonable grounds that the firearm or matched pair is— (i) an heirloom; and (ii) permanently inoperable.

69 Adult firearms licences—restrictions on issue of firearms dealer licences The registrar must not issue a firearms dealer licence to an adult unless satisfied on reasonable grounds that— (a) an individual who is, or will be, a close associate of the adult is suitable; and (b) the adult will be the person primarily responsible for the management of the business to be carried on under the licence.

70 Adult firearms licences—restrictions on issue of paintball The registrar must not issue a paintball marker licence to an adult unless satisfied on reasonable grounds that the adult has taken part in at least 4 paintball competitions. Note Section 15 (Paintball markers—authority to possess, use or store) provides that an adult is authorised to possess or use a paintball marker without a licence in certain circumstances.

71 Adult firearms licences—form An adult firearms licence must— (a) state the licensee’s name; and (d) state the licence category; and (e) for a firearms dealer licence, collectors licence or heirlooms licence—state the category of firearm for which the licence is issued; and (g) for a licence other than a firearms dealer licence or paintball marker licence—state the calibre of ammunition the licensee is authorised to acquire or possess; and (h) state the genuine reason established by the licensee to possess or (i) for a category D licence—state the circumstances when the firearm may be used; and (j) contain any other particulars prescribed by regulation.

72 Adult firearms licences—replacements (1) The registrar may issue a replacement adult firearms licence to the licensee if satisfied on reasonable grounds that the licence (the original licence) has been lost, stolen or destroyed.

73 Adult firearms licences—conditions (1) An adult firearms licence is subject to each of the following (a) the licensee must comply with part 12 (Safe storage of firearms) in relation to each registered firearm held under the licence; (b) the licensee must not allow someone else to possess or use a (c) the licensee must store each registered firearm held under the licence— (i) at the registered premises for the firearm; or (ii) at premises authorised for storage of the firearm by a permit issued under the Firearms Act 1996 (NSW), section 28; Note Registered premises are premises in the ACT (see dict). (d) the licensee must allow a police officer to enter registered premises to inspect the licensee’s facilities for storing firearms in the licensee’s possession; Note For a police officer’s powers on entry under a licence condition, see s 207 (Powers on entry—condition). (e) the licensee must not possess, at any one time, an amount of

(f) the licence cannot be transferred to someone else; (g) any other condition prescribed by regulation. (2) For subsection (1) (d), a police officer may enter premises— (a) not more than twice each year, unless the entry is under part 14 (Enforcement); and (b) only if the licensee is present; and (c) only between 7 am and 7 pm; and (d) as prescribed by regulation (if any). (3) An adult firearms licence is also subject to any condition that the registrar believes on reasonable grounds is in the public interest.

74 Adult firearms licences—special conditions of category D Each category D licence is subject to the following conditions: (a) the licensee may use the firearm only in the circumstances stated in the licence; Example—stated circumstances for airborne culling (b) the licensee must— (i) store the firearm with a licensed firearms dealer (other than a club armourer) as soon as practicable after the day the licence ends; or (ii) otherwise deal with the firearm in accordance with arrangements approved by the registrar.

75 Adult firearms licences—special conditions for category H licences for sport or target shooting (1) This section applies to an adult if the adult— (a) is issued with a category H licence (the new licence) for the genuine reason of sport or target shooting; and (b) has never held a category H licence before being issued with the new licence. (2) The licence is subject to the following conditions for the first 6-month period of the licence term: (a) the licensee must not possess a pistol except on the premises of an approved shooting club; (b) the licensee must complete each approved firearms training course for the licence; (c) the licensee must be an active member of an approved shooting (3) If, after the end of the period mentioned in subsection (2), the approved shooting club mentioned in subsection (2) (c) has certified to the registrar that the licensee has complied with the conditions mentioned in the subsection, the licence is subject to the condition that, for the second 6-month period of the licence term, the licensee may acquire no more than— (a) 1 pistol of not more than 5.6mm calibre and 1 air pistol of not more than 4.5mm calibre; or (b) 1 centre-fire pistol and 1 air pistol of not more than 4.5mm calibre. Note 1 A 4.5mm calibre air pistol includes a 0.177 inch calibre air pistol. Note 2 A 5.6mm calibre pistol includes a 0.22 inch calibre pistol.

(4) This section does not limit the conditions that may be placed on the Note For conditions of category H licences issued for the genuine reason of business or employment, see the Firearms Regulation 2008, s 21 and s 22.

76 Adult firearms licences—special conditions for collectors A collectors licence is subject to the following conditions: (a) a firearm in the collection manufactured on or after 1 January 1900, or that is a prohibited pistol, must be rendered incapable of being fired in the way prescribed under the regulations; (b) the licensee must not possess any ammunition for any firearm in the collection; (c) the licensee must not restore any firearm in the collection to a state in which the firearm can readily be fired; (d) the collection must not contain any category C or category D firearm unless the firearm has been rendered permanently inoperable; (e) subject to sections 191 and 227, any category C or category D firearm must not be sold or otherwise disposed of otherwise than to another licensed collector; (f) that no ammunition capable of being discharged from a firearm to which a collectors licence relates is in the possession of the holder of the licence unless the person holds a collectors licence in relation to the ammunition or another licence under this Act authorising possession of a firearm from which the ammunition is capable of being lawfully discharged; (g) subject to section 142, the licensee is not authorised to discharge a firearm that is part of a collection.

77 Adult firearms licences—special conditions for paintball A paintball marker licence is subject to the condition that the licensee must not use a registered paintball marker held under the licence in the ACT other than at an approved paintball range operated by the paintball range operator for the range.

78 Adult firearms licences—period in force (1) An adult firearms licence begins on the day it is issued and remains in force, subject to this Act— (a) for 5 years; or (b) if a shorter period is prescribed by regulation—for the shorter period prescribed; or (c) for a category D licence—until the date (the end date) decided by the registrar. (2) The end date must not be more than 12 months after the day the licence begins. Example—s (1) An adult firearms licence is issued on 1 January 2009. It ends on 31 December 2013 (at the end of that day).

79 Adult firearms licences—immediate suspension exists under— (i) section 81 (Adult firearms licences—cancellation generally); or (ii) section 82 (Adult firearms licences—cancellation of category H licences); and

and Note See s 83 (Adult firearms licences—when suspension or cancellation takes effect).

80 Adult firearms licences—mandatory suspension for family violence offence (1) The registrar must suspend an adult firearms licence if the registrar believes on reasonable grounds that the licensee has been charged with, committed or threatened to commit— Note 1 A person’s licence is automatically suspended under— • the Family Violence Act 2016, s 44 (1) (Firearms licences) if an interim or after-hours order is made against the person; or • the Personal Violence Act 2016, s 36 (Interim orders—respondent’s firearms) if an interim order is made against the person unless the court otherwise orders. and

81 Adult firearms licences—cancellation generally (1) The registrar must cancel an adult firearms licence— Note For when the registrar must refuse to issue an adult firearms licence, see s 58 and s 63 to s 70. (c) if satisfied on reasonable grounds that the licensee is not suitable; or (d) for any other reason prescribed by regulation. (2) Subsection (1) (b) (iii) does not apply to a condition that the licensee must allow a police officer to enter premises to inspect facilities if— enter the premises or inspect the facilities; and

Note 2 If the registrar cancels a licence under this section because of a reassessment of the licensee’s suitability to hold a licence under s 81A, the registrar must give written notice of the decision to the Magistrates Court. Note 3 A person’s licence is automatically cancelled under—

81A Adult firearms licences—reconsideration of suitability of licensee under certain protection orders (a) a licensee is subject to a final or interim protection order (a current protection order) under the Personal Violence Act 2016; and (b) the Magistrates Court orders that the licensee’s adult firearms licence not be— (i) suspended under section 36 (3) (Interim orders— respondent’s firearms); or (ii) cancelled under section 37 (3) (Final orders—respondent’s firearms). (2) The registrar must decide whether the licensee continues to be suitable to hold the adult firearms licence— (a) having regard to the criteria in section 18 and section 19 that apply to the licensee; but

(b) disregarding the current protection order. Note If the registrar is satisfied on reasonable grounds that the licensee is not suitable, the registrar must cancel the licensee’s licence (see s 81 (1) (c)). (3) If the registrar cancels the licensee’s adult firearms licence because of this section, the registrar must give the Magistrates Court written notice of the decision.

82 Adult firearms licences—cancellation of category H The registrar must cancel a category H licence issued for the genuine reason of sport or target shooting if satisfied on reasonable grounds that the licensee stops being an active member of an approved shooting club. 83 Adult firearms licences—when suspension or Division 7.4 Licensing scheme—minors firearms 84 Children prohibited from owning firearms A child must not own a firearm.

85 Minors firearms licences—applications (1) A child may apply to the registrar for a minors firearms licence if the child— (a) is at least the age prescribed by regulation; and Note A child is under 18 years old (see Legislation Act, dict, pt 1, def child). (b) has completed each approved firearms training course for the (c) is a member of an approved shooting club. (b) contain the information prescribed by regulation; and (c) be accompanied by the documents prescribed by regulation. (3) The applicant must personally lodge the application in the presence of a responsible person for the applicant. (4) The application must contain the written consent of a responsible person for the applicant to the issue of the licence. Note A responsible person for an applicant is a person with parental responsibility for the applicant (see dict).

86 Minors firearms licences—requirement for further (1) This section applies to an application for— (a) a minors firearms licence; or (b) an extension under section 95 (Minors firearms licences— period in force). grounds that the applicant’s mental health may affect the applicant’s ability to handle firearms responsibly, the registrar may ask the applicant to consent to the disclosure to the registrar of personal health information about the applicant from a health record relating to the applicant. consent must be in writing and signed by a parent or legally appointed guardian of the applicant, or someone else with parental responsibility for the applicant, and name the health service provider who made the health record.

87 Minors firearms licences—decision On an application for a minors firearms licence, the registrar must issue the licence unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to issue a minors firearms licence, see s 88.

88 Minors firearms licences—refusal (1) The registrar must refuse to issue a minors firearms licence to an applicant for the licence unless satisfied on reasonable grounds— (b) that the applicant is suitable; and (c) that the applicant has a genuine reason for possessing or using a Note Genuine reasons for possessing or using firearms for minors firearms licences are dealt with in s 91. (d) that the applicant is, or is about to become, a resident of the ACT; and (e) that the application is made in accordance with section 85. (a) the applicant holds a licence of the category applied for; or

89 Minors firearms licences—categories A minors firearms licence must be issued in 1 of the following categories: (c) category H.

90 When minors firearms licences may be issued The registrar must not issue a minors firearms licence earlier than 28 days after the day the application for the licence is made.

91 Minors firearms licences—genuine reasons to possess or (1) An applicant for a minors firearms licence has a genuine reason to possess or use a firearm if the applicant wants to take part in— (a) firearms training; or (b) target pistol training. (2) An applicant for a category A or category B minors firearms licence also has a genuine reason to possess or use a firearm if the applicant wants to receive instruction that is— (a) about the safe use of the firearm for primary production; and (b) given under the supervision of a person who— (i) is a responsible person for the applicant; and (ii) holds an adult firearms licence of that category under which that use is a genuine reason for the person to hold the licence. Note A responsible person for an applicant is a person with parental responsibility for the applicant (see dict).

92 Minors firearms licences—form A minors firearms licence must— (a) state the licensee’s name; and (d) state that it is a minors firearms licence; and (e) state the licence category; and (g) state the calibre of ammunition the licensee is authorised to acquire or possess; and (h) state the genuine reason established by the licensee to possess or (i) contain any other particulars prescribed by regulation.

93 Minors firearms licences—replacements (1) The registrar may issue a replacement minors firearms licence to the licensee if satisfied on reasonable grounds that the licence (the original licence) has been lost, stolen or destroyed.

94 Minors firearms licences—conditions (1) A minors firearms licence is subject to each of the following (a) the licensee must not allow someone else to possess or use a (b) the licensee must not possess, at any one time, an amount of (c) the licence cannot be transferred to someone else; (d) any other condition prescribed by regulation. (2) A minors firearms licence is also subject to any condition that the registrar believes on reasonable grounds is in the public interest.

95 Minors firearms licences—period in force (1) A minors firearms licence begins on the day it is issued and remains in force, subject to this Act, until the day before the licensee’s 18th birthday. (2) The registrar may extend the period that a minors firearms licence is in force for not longer than 60 days after the day it would otherwise end under subsection (1) if— (a) before the licence ends, the licensee applies for a licence other than a minors firearms licence; and

(b) the registrar has not decided whether to issue or refuse to issue the licence applied for; and (c) the registrar is satisfied on reasonable grounds that the extension is necessary to allow the licensee— (i) for a minors firearms licence issued for the genuine reason of firearms training—to continue to receive instruction, or take part in an approved firearms event, that the person began before the person’s 18th birthday; or (ii) for a minors firearms licence issued for the genuine reason of target pistol training—to continue to receive instruction, or take part in an approved firearms event, that the person began before the person’s 18th birthday.

96 Minors firearms licences—immediate suspension exists under section 98 (1) (Minors firearms licences— cancellation); and and

Note See s 99 (Minors firearms licences—when suspension or cancellation takes effect).

97 Minors firearms licences—mandatory suspension if family violence offence (1) The registrar must suspend a minors firearms licence if the registrar believes on reasonable grounds that the licensee has been charged with, committed or threatened to commit— Note 1 A person’s licence is automatically suspended under— • the Family Violence Act 2016, s 44 (1) (Firearms licences) if an interim or after-hours order is made against the person; or • the Personal Violence Act 2016, s 36 (Interim orders—respondent’s firearms) if an interim order is made against the person unless the court otherwise orders.

and

98 Minors firearms licences—cancellation The registrar must cancel a minors firearms licence— Note For when the registrar must refuse to issue a minors firearms licence, see s 88.

(c) if satisfied on reasonable grounds that the licensee is not suitable; or (d) for any other reason prescribed by regulation. Note 2 If the registrar cancels a licence under this section because of a reassessment of the licensee’s suitability to hold a licence under s 98A, the registrar must give written notice of the decision to the Magistrates Court. Note 3 A person’s licence is automatically cancelled under—

98A Minors firearms licences—reconsideration of suitability of licensee under certain protection orders (a) a licensee is subject to a final or interim protection order (the current protection order) under the Personal Violence Act 2016; and

(b) the Magistrate Court orders that the licensee’s minors firearms licence not be— (i) suspended under section 36 (3) (Interim orders— respondent’s firearms); or (ii) cancelled under section 37 (3) (Final orders—respondent’s firearms). (2) The registrar must decide whether the licensee continues to be suitable to hold the minors firearms licence— (a) having regard to the criteria in section 18 and section 19 that apply to the licensee; but (b) disregarding the current protection order. Note If the registrar is satisfied on reasonable grounds that the licensee is not suitable, the registrar must cancel the licensee’s licence (see s 98 (c)). (3) If the registrar cancels the licensee’s minors firearms licence because of this section, the registrar must give the Magistrates Court written notice of the decision. 99 Minors firearms licences—when suspension or

Division 7.5 Licensing scheme—composite entity firearms licences 100 Definitions—Act composite entity means— (a) a corporation; or (b) a government agency (other than a corporation). principal, of a composite entity— (a) for a corporation—means an executive officer of the corporation; or (b) for a government agency—means the head of the agency. registered principal, for a composite entity firearms licence, means the principal named in the licence.

101 Composite entity firearms licences—applications (1) A principal who proposes to be the registered principal of a composite entity may apply for the entity to the registrar for a composite entity firearms licence. Note For this Act, something done for a composite entity is taken to have been done by the entity (see s 22). (b) provide evidence of the composite entity’s identity; and

(c) contain the information prescribed by regulation; and (d) be accompanied by the documents prescribed by regulation.

102 Composite entity firearms licences—requirement for further information etc (1) This section applies to an application for a composite entity firearms (2) The registrar may give the principal making the application a written notice requiring the principal to give the registrar stated further information or documents that the registrar reasonably needs to decide the application. grounds that the principal’s mental health may affect the principal’s ability to handle firearms responsibly, or make decisions in relation to firearms, the registrar may ask the principal to consent to the disclosure to the registrar of personal health information about the principal from a health record relating to the principal. consent must be in writing and name the health service provider who made the health record.

103 Composite entity firearms licences—decision On an application for a composite entity firearms licence, the registrar must issue the licence unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to issue a composite entity firearms licence, see s 104 and s 110 to s 113.

104 Composite entity firearms licences—refusal (1) On application, the registrar must refuse to issue a composite entity firearms licence unless satisfied on reasonable grounds— (a) about the identity of the composite entity and the principal making the application; and (b) that the principal making the application is suitable; and (c) that the composite entity has a genuine reason for possessing or using a firearm; and Note See s 108 (Composite entity firearms licences—genuine reasons to possess or use firearms). (d) that the composite entity will comply with part 12 (Safe storage of firearms) in relation to each registered firearm held under the (e) that each registered firearm held under the licence will be stored in the ACT. (a) for an application other than a renewal—the composite entity holds a licence of the category applied for; or

105 Composite entity firearms licences—categories A composite entity firearms licence must be issued in 1 of the following categories: (c) category C; (d) category D; (e) category H.

106 Composite entity firearms licence—principal’s name A composite entity firearms licence must be issued to the composite entity in the name of the principal who applied for the licence.

107 When composite entity firearms licences may be issued The registrar must not issue a composite entity firearms licence earlier than 28 days after the day the application for the licence is made.

108 Composite entity firearms licences—genuine reasons to possess or use firearms (1) A composite entity has a genuine reason to possess or use a firearm if the registrar is satisfied— (a) that the entity carries on business in the ACT as a security organisation; or

(b) that— (i) the entity— (A) is the owner, lessee or manager of land in the ACT used for primary production; and (B) intends that the firearm be used solely in relation to farming or grazing activities (including the suppression of vertebrate pest animals on the land); and (ii) it is necessary for a person employed in relation to the farming or grazing activities to possess a firearm in the course of employment; or (c) that the entity is an approved club; or (d) that the entity is a government agency and it is necessary for an employee to possess a firearm in the course of employment; or (e) that— (i) the entity is the owner or operator of a zoo; and (ii) it is necessary for a person employed in relation to the management of animals at the zoo to possess a firearm in the course of employment. (2) The principal making the application for the composite entity must produce evidence of the matter mentioned in subsection (1) that applies in relation to the entity if asked to do so by the registrar. (3) If the principal does not comply with subsection (2), the registrar may security organisation— (a) means a corporation that— (i) carries on the business of providing—

(A) protection for people; or (B) transport or protection for the money or property of people other than the corporation; and (ii) holds a master licence under the Security Industry Act 2003; but (b) does not include a bank.

109 Composite entity firearms licences—no genuine reason to possess or use firearms A composite entity (other than an approved club) does not have a genuine reason to possess or use a firearm if the entity intends the firearm to be possessed or used for sport or target shooting.

110 Composite entity firearms licences—restriction on issue of category B licences Unless a regulation prescribes otherwise, the registrar must not issue a category B composite entity firearms licence unless the composite entity, in addition to establishing a genuine reason to possess or use a firearm, produces evidence that satisfies the registrar that the entity has a special need to possess or use a firearm to which a category B

111 Composite entity firearms licences—restriction on issue of category C licences The registrar must not issue a category C composite entity firearms licence unless— (a) the genuine reason established by the composite entity to possess or use a firearm is— (i) that the entity is— (A) engaged in primary production; or (B) operating a zoo; or

(ii) a genuine reason prescribed by regulation; and (b) the entity produces evidence that satisfies the registrar that— (i) the entity has a special need to possess or use a firearm to which a category C licence applies; and (ii) the special need cannot be met in any other way (whether by the authority given by a category A or category B licence or otherwise).

112 Composite entity firearms licences—restriction on issue of category D licences The registrar must not issue a category D composite entity firearms licence unless the composite entity is a government agency.

113 Composite entity firearms licences—restriction on issue of category H licences The registrar must not issue a category H composite entity firearms licence unless— (a) the genuine reason established by the composite entity to possess or use a firearm is carrying on business in the ACT as a security organisation; or (b) the entity produces evidence that satisfies the registrar that the entity has a special need to possess or use a pistol; or (c) the entity is an approved club and the pistol is to be used for sport or target shooting.

114 Composite entity firearms licences—form A composite entity firearms licence must— (a) state the names of the composite entity and registered principal; and (b) contain a recent photograph of the registered principal; and

(c) contain the registered principal’s signature; and (d) state the licence category; and (e) state the date the licence ends; and (f) state the calibre of ammunition the licence authorises the registered principal and each registered user to acquire or possess; and (g) state the genuine reason established by the licensee to possess or (h) contain any other particulars prescribed by regulation.

115 Composite entity firearms licences—replacements (1) The registrar may issue a replacement composite entity firearms licence to the licensee if satisfied on reasonable grounds that the licence (the original licence) has been lost, stolen or destroyed.

116 Composite entity firearms licences—conditions (1) A composite entity firearms licence is subject to each of the following (a) the licensee must comply with part 12 (Safe storage of firearms) in relation to each registered firearm held under the licence;

(b) the licensee must not allow someone to possess or use a firearm in the licensee’s possession if the person is not authorised to possess or use the firearm; (c) the licensee must store each registered firearm held under the licence at the registered premises for the firearm; Note Registered premises are premises in the ACT (see dict). (d) the licensee must store each registered firearm held under the licence so that only the registered principal for, and each registered user of, the firearm have access to it; (e) the licensee must allow a police officer to enter premises to inspect the licensee’s facilities for storing firearms in the licensee’s possession; Note For a police officer’s powers on entry under a licence condition, see s 207 (Powers on entry—condition). (f) the licensee must not possess, at any one time, an amount of (g) the licence cannot be transferred to someone else; (h) any other condition prescribed by regulation. (2) For subsection (1) (e), a police office may enter premises— (a) not more than twice each year, unless the entry is under part 14 (Enforcement); and (b) only if the licensee is present; and (c) only between 7 am and 7 pm; and (d) as prescribed by regulation (if any).

(3) A composite entity firearms licence is also subject to any condition that the registrar believes on reasonable grounds is in the public interest.

117 Composite entity firearms licences—period in force A composite entity firearms licence begins on the day it is issued and remains in force, subject to this Act— (a) for 2 years; or (b) if a shorter period is prescribed by regulation—for the shorter period prescribed. Example—par (a) A composite entity firearms licence is issued on 1 January 2009. It ends on 31 December 2010 (at the end of that day).

118 Composite entity firearms licences—immediate suspension exists under section 120 (Composite entity firearms licences— cancellation); and

and Note See s 121 (Composite entity firearms licences—when suspension or cancellation takes effect).

119 Composite entity firearms licences—mandatory suspension for family violence offence (1) The registrar must suspend a composite entity firearms licence if the registrar believes on reasonable grounds that the registered principal has been charged with, committed or threatened to commit—

Note If the registrar suspends a licence under this section, the registrar must and

120 Composite entity firearms licences—cancellation (1) The registrar must cancel a composite entity firearms licence— (a) if, had the registered principal been applying for the licence held, the registrar would be required to refuse to issue the Note For when the registrar must refuse to issue a composite entity firearms licence, see s 104 and s 110 to s 113.

(b) if satisfied on reasonable grounds that the principal who made the application for the licence gave information that was (to the principal’s knowledge) false or misleading in a material particular in relation to the application; or (c) if satisfied on reasonable grounds that the composite entity has contravened this Act, whether or not the entity has been convicted of an offence for the contravention; or (d) if satisfied on reasonable grounds that the composite entity has contravened a condition of the licence; or (e) if satisfied on reasonable grounds that the registered principal is not suitable; or (f) for any other reason prescribed by regulation. (2) Subsection (1) (d) does not apply to a condition that the licensee must allow a police officer to enter premises to inspect facilities if— enter the premises or inspect the facilities; and Note If the registrar cancels a licence under this section, the registrar must give 121 Composite entity firearms licences—when suspension or

Division 7.6 Licensing scheme—temporary international firearms licences 122 Meaning of foreign firearms licence—div 7.6 In this division: foreign firearms licence means a licence or permit (however described) in force under the law of a foreign country that authorises the use or possession of a firearm.

123 Temporary international firearms licences—applications (1) An adult who holds a foreign firearms licence may apply to the registrar for a temporary international firearms licence. (a) contain the information prescribed by regulation; and (b) be accompanied by the documents prescribed by regulation. (3) The applicant must produce the applicant’s passport, or evidence of the applicant’s passport, to the registrar.

124 Temporary international firearms licences—requirement for further information etc (1) This section applies to an application for a temporary international firearms licence.

125 Temporary international firearms licences—decision (1) On an application for a temporary international firearms licence, the registrar must issue the licence unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to issue a temporary international firearms licence, see s 126. (2) The licence must be issued in the category that the registrar believes on reasonable grounds best corresponds to the foreign firearms licence held by the applicant. Note A firearm for which a temporary international firearms licence is issued need not be registered (see s 156 (3)).

126 Temporary international firearms licences—refusal (1) The registrar must refuse to issue a temporary international firearms licence to an applicant for the licence unless satisfied on reasonable grounds— (b) that the applicant is a resident of a foreign country; and (c) that the applicant holds a foreign firearms licence; and (d) that the applicant has a genuine reason for possessing or using a

(e) that the applicant will comply with part 12 (Safe storage of firearms) in relation to each firearm held under the licence. (a) the applicant is not an adult; or

127 When temporary international firearms licences may be issued The registrar must not issue a temporary international firearms licence earlier than 28 days after the day the application for the licence is made unless— (a) the applicant has a genuine reason to possess or use a firearm under section 128 (1) (a); and (b) the Minister authorises the issue in writing.

128 Temporary international firearms licences—genuine reasons to possess or use firearms (1) An applicant for a temporary international firearms licence— (a) has a genuine reason to possess or use a firearm if the registrar is satisfied that— (i) the applicant is a member of the staff of an internationally protected person, or other declared person, whose duties include the protection of that person while in the ACT; and (ii) the firearm to which the application relates is a pistol of not more than 11.43mm calibre that is not fully automatic or capable of conversion to being fully automatic; or Note A 11.43mm calibre pistol includes a 0.45-inch calibre pistol.

(b) has a genuine reason (the genuine reason of international visitor) to possess or use a firearm if the registrar is satisfied that— (i) the applicant is a visitor to the ACT; and (ii) for a licence authorising the applicant to take part in an approved shooting or approved paintball competition—the applicant would enter or has entered Australia (within the meaning of the Migration Act 1958 (Cwlth)) in the ACT. (2) The applicant must produce evidence of the matter mentioned in subsection (1) that applies in relation to the applicant if asked to do so by the registrar. (4) The Minister may declare a person for subsection (1) (a) (i). (5) A declaration is a notifiable instrument. (6) In this section: internationally protected person—see the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, a copy of which is set out in the Crimes (Internationally Protected Persons) Act 1976 (Cwlth), schedule.

129 Temporary international firearms licences—form A temporary international firearms licence must— (a) state the licensee’s name and address while in the ACT; and (d) state that it is a temporary international firearms licence; and

(e) state the licence category; and Note The end date must not be more than 3 months after the day the licence begins (see s 131 (2)). (g) state the particulars prescribed by regulation of the firearm for which the licence is issued; and (h) state the calibre of ammunition the licensee is authorised to acquire or possess; and (i) state the genuine reason established by the licensee to possess or (j) for a licence issued for the genuine reason of international visitor—state the purpose for which the firearm may be possessed or used; and (k) contain any other particulars prescribed by regulation.

130 Temporary international firearms licences—conditions (1) A temporary international firearms licence is subject to each of the following conditions: (a) the licensee must produce the licensee’s passport to the registrar on request; (b) the licensee must comply with part 12 (Safe storage of firearms) in relation to each firearm held under the licence; (c) the licensee must not allow someone else to possess or use a (d) the licensee must— (i) carry the licence when possessing or using a firearm held under the licence; and (ii) produce the licence to a police officer on request;

(e) the licensee must not possess, at any one time, an amount of (f) the licence cannot be transferred to someone else; (g) any other condition prescribed by regulation. (2) A temporary international firearms licence is also subject to any condition that the registrar believes on reasonable grounds is in the public interest.

131 Temporary international firearms licences—period in force (1) A temporary international firearms licence begins on the day it is issued and remains in force, subject to this Act, until the date (the end date) decided by the registrar. (2) The end date must not be more than 3 months after the day the licence begins.

132 Temporary international firearms licences—cancellation The registrar must cancel a temporary international firearms licence— Note For when the registrar must refuse to issue a temporary international firearms licence, see s 126.

(c) for any other reason prescribed by regulation. Note 2 A person’s licence is automatically cancelled under—

133 Temporary international firearms licences—when (1) This section applies if the registrar cancels a licence under section 132. (2) The cancellation takes effect on— (a) the day notice of the cancellation is given to the licensee; or (b) if the notice of cancellation states a later date of effect—the

Part 8 Temporary recognition of interstate licences and permits

134 Definitions—pt 8 authorised period, in relation to an individual interstate licensee who arrives in the ACT for a purpose mentioned in this part, means the period of 3 months beginning on the person’s arrival day. corresponding—a licence or permit of a particular category issued under this Act (the local licence), and an interstate licence of the same category, or that is declared under section 135 to be of a particular category that is the same category, are corresponding. interstate licence means a licence or permit (however described) in force under the law of a State or another Territory that authorises the use or possession of a firearm. local licence—see the definition of corresponding.

135 Temporary recognition of interstate licences—declaration of licence categories (1) The registrar may declare that an interstate licence is of a particular category. (2) A declaration is a notifiable instrument.

136 Temporary recognition of interstate licences—general (1) This section applies to an individual interstate licensee if the individual— (a) is a resident of a State or another Territory and comes to the ACT for—

(i) the purpose of taking part in an approved shooting or approved paintball competition; or (ii) a purpose prescribed by regulation in relation to the possession or use of a firearm; and (b) holds an interstate licence that corresponds to a category A licence, category B licence, category C licence, category H licence or paintball marker licence. use, for a purpose mentioned in subsection (1) (a), a firearm of a kind to which the corresponding local licence applies. compliance with any condition prescribed by regulation. (4) This section does not apply to an individual to whom section 137

137 Temporary recognition of interstate category C licences (1) This section applies to an individual interstate licensee if the individual— (a) is a resident of a State or another Territory and comes to the ACT for the purpose of taking part in an approved shooting competition; and (b) holds an interstate licence that corresponds to a category C licence that authorises the individual to possess or use a firearm for the genuine reason of sport or target shooting. use, for the purpose of taking part in the shooting competition, a firearm of a kind to which the corresponding local licence applies. compliance with any condition prescribed by regulation.

138 Interstate residents moving to ACT—category A, B, and paintball marker licences (b) is the holder of an interstate licence that corresponds to a category A licence, category B licence or paintball marker (c) notifies the registrar in writing that they intend to live in the ACT permanently. (2) The interstate licence is, subject to any direction of the registrar, taken to be the corresponding local licence until the earlier of the following: (a) the end of the period of 3 months beginning on the day after the day the individual notifies the registrar under subsection (1); (b) if the person applies for a corresponding local licence before the end of the 3-month period—the day the registrar issues, or refuses to issue, the licence to the individual.

139 Interstate residents moving to ACT—category C and H (b) is the holder of an interstate licence that corresponds to a category C licence or category H licence; and (c) notifies the registrar in writing that they intend to live in the ACT permanently. (2) The interstate licence is, subject to any direction of the registrar, taken to be the corresponding local licence until the earlier of the following: (a) the end of the period of 7 days beginning on the day after the day the individual notifies the registrar under subsection (1);

(b) if the person applies for a corresponding local licence before the end of the 7-day period—the day the registrar issues, or refuses to issue, the licence to the individual.

140 Temporary recognition of interstate licences for international visitors—shooting or paintball competitions (1) This section applies to an individual if the individual— (a) is a resident of a foreign country; and (b) holds an interstate licence issued by a State or another Territory that authorises the individual to possess or use a firearm for the purpose of taking part in a shooting or paintball competition in the State or Territory; and (c) comes to the ACT for the purpose of taking part in an approved shooting or approved paintball competition. use, for the purpose of taking part in the shooting or paintball competition, the firearm for which the interstate licence is issued. compliance with any condition— (a) imposed under the law of the State or Territory that issued the licence (the interstate condition); and (b) prescribed by regulation. (4) If an interstate condition is inconsistent with a prescribed condition, the interstate condition has no effect to the extent of the inconsistency. (5) An interstate condition is not taken to be inconsistent with a prescribed condition to the extent that it is capable of operating concurrently with the prescribed condition.

140A Temporary recognition of interstate category D licences—vertebrate pest animal control (b) holds an interstate licence that corresponds to a category D (c) is employed by or in, or authorised by, a government agency for 1 or both of the following purposes (the relevant purpose): (i) controlling vertebrate pest animals in the ACT; (ii) exercising a function as an authorised person under the Biosecurity Act 2023; and (d) tells the registrar in writing that they intend to come to the ACT for the relevant purpose. (2) For the authorised period, the registrar must authorise the individual to possess or use, for the relevant purpose, a firearm of a kind to which the corresponding local licence applies. (3) However, the registrar must refuse authorisation if— (a) the registrar is not satisfied that— (i) the individual has a special need to possess or use a category D firearm for the relevant purpose; and (ii) the special need cannot be met in any other way; or (b) the Minister does not approve the authorisation in writing. (4) The authorisation is subject to compliance with any condition— (a) prescribed by regulation; or (b) that the Minister believes on reasonable grounds is in the public interest, stated in the approval.

authorised period means the period of 6 months starting on the later of— (a) the day the individual comes to the ACT for the relevant purpose; and (b) the day after the day the registrar gives the individual written notice of the authorisation under subsection (2).

141 General power to issue permits The registrar may issue a permit authorising 1 or more of the following: (a) the possession or use of a firearm in the circumstances prescribed by regulation (including for film or theatrical productions); (b) the shortening or conversion of a firearm in the circumstances prescribed by regulation; (c) anything else that is required by regulation to be authorised by a permit.

142 Meaning of acquirer and foreign acquirer—pt 10 acquirer—see section 143. foreign acquirer—see section 146.

143 Permits to acquire—applications (1) A person (the acquirer) who is a licensee may apply to the registrar for a permit to acquire a firearm. (2) The acquirer must have a separate permit for each firearm to be acquired.

144 Permits to acquire—decision On an application for a permit to acquire a firearm, the registrar must issue the permit unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to issue a permit to acquire a firearm, see s 145 and s 146.

145 Permits to acquire—refusal to issue generally (1) The registrar must refuse to issue a permit to acquire a firearm (the proposed firearm) unless— (a) the acquirer holds a licence authorising the acquirer to possess or use a firearm of the same kind as the proposed firearm; and (b) the registrar is satisfied on reasonable grounds that the acquirer has a good reason for acquiring the firearm.

(2) The registrar must also refuse to issue a permit to acquire a pistol to the holder of a category H licence issued for the genuine reason of sport or target shooting unless— (a) the acquisition is in accordance with the conditions (if any) of the licence; and (b) the approved shooting club of which the licensee is a member gives the registrar written advice stating— (i) the competition shooting discipline for which the licensee requires the pistol; and (ii) that the club supports the licensee’s application for a permit to acquire the pistol; and (c) the registrar is satisfied on reasonable grounds that the licensee will comply with part 12 (Safe storage of firearms) in relation to the pistol. (3) Subsection (2) (b) (i) does not apply in relation to the issue of a permit to acquire a pistol mentioned in section 75 (3) (Adult firearms licences—special conditions for category H licences for sport or target shooting). (4) This section does not apply to an acquirer to whom section 146

146 Permits to acquire—refusal to issue to temporary international firearms licensees (1) This section applies to an acquirer (the foreign acquirer) who is a resident of a foreign country.

(2) The registrar must not issue a permit to acquire a firearm (the proposed firearm) to the foreign acquirer unless— (a) the acquirer holds a temporary international firearms licence authorising the acquirer to possess or use a firearm of the same kind as the proposed firearm; and (b) the registrar is satisfied on reasonable grounds that the acquirer has a good reason for acquiring the proposed firearm.

147 When permits to acquire may be issued The registrar must not issue a permit to acquire a firearm earlier than 28 days after the day the application for the permit is made.

148 Permits to acquire—period in force (1) A permit to acquire a firearm begins on the day it is issued and remains in force, subject to this Act, until the earlier of— (a) the end of 30 days after the day the permit is issued; or (b) the day the permit-holder acquires the firearm. (2) The registrar may extend the period mentioned in subsection (1) (a) so the permit is in force for not longer than 60 days if— (a) there is a delay in acquiring the firearm to which the permit relates; and (b) the registrar is satisfied on reasonable grounds that the delay is caused by circumstances beyond the permit-holder’s control.

149 Permits to acquire—replacements (1) The registrar may issue a replacement permit to acquire a firearm to the permit-holder if satisfied on reasonable grounds that the permit (the original permit) has been lost, stolen or destroyed.

(2) If the registrar issues the replacement permit, the registrar must— (a) record in the register that the original permit has been lost, stolen or destroyed; and firearms dealers in writing that the original permit has been

150 Offence—notice of lost, stolen and destroyed permits to acquire The holder of a permit to acquire a firearm commits an offence if— (a) the permit is lost, stolen or destroyed; and (b) the holder knows about the loss, theft or destruction; and (c) the holder fails to tell the registrar about the loss, theft or destruction within 7 days after the day the holder becomes aware of the loss, theft or destruction.

151 Permits to acquire—automatic suspension and cancellation (1) A person’s permit to acquire a firearm (the relevant firearm) is suspended by force of this section if the person’s licence or permit (the relevant suspended licence) authorising the person to possess or use a firearm of the same kind as the relevant firearm is suspended. (2) The suspension of the permit to acquire takes effect on the day the suspension of the relevant suspended licence takes effect. (3) The permit to acquire is suspended until the earlier of— (a) the day the permit ceases to be in force; or (b) the day the suspension of the relevant suspended licence ends.

(4) A person’s permit to acquire a firearm (the relevant firearm) is cancelled by force of this section if the person’s licence or permit (the relevant cancelled licence) authorising the person to possess or use a firearm of the same kind as the relevant firearm is cancelled. (5) The cancellation of the permit to acquire takes effect on the day the cancellation of the relevant cancelled licence takes effect. Note A regulation may prescribe other reasons for suspending or cancelling a permit (see s 154).

152 Permits to acquire—cancellation by registrar (1) The registrar must cancel a permit to acquire a firearm— (a) if, had the permit-holder been applying for the permit held, the registrar would be required to refuse to issue the permit; or Note For when the registrar must refuse to issue a permit to acquire a firearm, see s 145 and s 146. (b) if satisfied on reasonable grounds that the permit-holder— (i) gave information that was (to the holder’s knowledge) application for the permit; or (ii) has contravened this Act, whether or not the permit-holder has been convicted of an offence for the contravention; or (iii) has contravened a condition of the permit; or (c) for any other reason prescribed by regulation. Note If the registrar cancels a permit under this section, the registrar must give written notice of the decision to the permit-holder (see s 260).

(2) The cancellation of a permit to acquire a firearm under this section takes effect on— (a) the day notice of the cancellation is given to the permit-holder; or (b) if the notice of the cancellation states a later date of effect—the

153 Offence—failing to give up suspended or cancelled permit to acquire (a) the person’s permit to acquire a firearm (the relevant firearm) is suspended or cancelled; and (b) the person intentionally or negligently fails to give the permit to a police officer— permit, and the person has the permit—immediately; or (ii) if the permit is suspended by force of section 151 (Permits to acquire—automatic suspension and cancellation)—as soon as possible after the day the suspension of the person’s relevant licence takes effect; or (iii) if the permit is cancelled by force of section 151—as soon as possible after the day the cancellation of the person’s relevant licence takes effect; or (iv) if the permit is cancelled under section 152 (Permits to acquire—cancellation by registrar)— (A) as soon as possible after the day the person is given notice of the cancellation; or

(B) if a longer time is stated in the notice—within the time relevant licence, of a person, means the licence or permit that authorises the person to possess or use a firearm of the same kind as the relevant firearm.

154 Regulations about permits to acquire A regulation may make provision in relation to any of the following: (a) the way in which an application for a permit to acquire a firearm may or must be made; (b) the particulars an application for a permit to acquire a firearm must include; (c) the conditions that may be imposed on a permit to acquire a firearm, or to which the permit is subject; (d) the reasons for which a permit to acquire a firearm may be suspended or cancelled.

Part 11 Registration of firearms and firearm users

155 Meaning of owner and user particulars—pt 11 owner and user particulars, in relation to a registered firearm, means— (a) the name of the registered owner of the firearm; and (b) if the registered owner of the firearm is a composite entity—the name of the registered principal; and (c) the name of each registered user of the firearm; and (d) particulars of the licence or permit of each registered owner or registered user.

Division 11.2 Register of firearms

156 Register of firearms (1) The registrar must keep a register of firearms stored in the ACT by licensees and permit-holders. (2) The register must be kept in a way that allows— (a) the register to be linked to a national scheme for firearms management or registration prescribed by regulation; and (b) information in the register to be accessed by other State and Territory government entities responsible for administering or enforcing legislation relating to firearms. (3) A firearm for which a temporary international firearms licence is issued need not be registered.

Register of firearms Division 11.2

157 Contents of register The register consists of— (a) for each registered firearm— (i) the owner and user particulars; and (ii) the address of the premises in the ACT where the firearm— (A) is or is to be stored; or (B) if the registered owner is a licensed firearms dealer— may be available for sale; and (iii) any other particulars prescribed by regulation; and (b) for each registered user of a registered firearm— (i) if the registered user is employed by a licensed firearms dealer—the dealer’s name; and (ii) if the registered user is employed by a composite entity that holds a category A, category B, category C or category H licence—the composite entity’s name; and (iii) if the registered user is a member of an approved club—the approved club’s name; and (iv) any other particulars prescribed by regulation; and (c) any other information required under this Act to be included in the register.

158 Register not available to public The register must not be available for inspection by a member of the public.

159 Two-yearly reviews (1) The registrar must, at least once every 2 years, undertake a review of the register to assess the accuracy of information in the register. (2) In undertaking the review, the registrar need not check every entry in the register, but may sample the entries either randomly or systematically to assess the accuracy of information. (3) The registrar must— (a) prepare a written report stating— (i) when the review was carried out; and (ii) the results of the review; and (b) not later than 3 months after the day the review is finished, give the report to the director-general.

160 Firearm registration—application (1) The owner of a firearm may apply to the registrar to register the (2) The application must state the address of the premises in the ACT where the firearm— (a) is or is to be stored; or (b) if the registered owner is a licensed firearms dealer—may be available for sale.

161 Firearm registration—request for further information etc (1) This section applies to an application for registration of a firearm.

Registration of firearms Division 11.3 applicant to— (a) give the registrar stated further information or documents that the registrar reasonably needs to decide the application; and (b) produce the firearm to the registrar to allow the registrar to— (i) identify the firearm by inspecting it; and (ii) decide if the firearm is safe. (3) If the applicant does not comply with subsection (2) (a), the registrar may refuse to consider the application further. Note If the applicant does not produce the firearm, the registrar must refuse to register the firearm (see s 163 (2)).

162 Firearm registration—decision On an application for registration of a firearm, the registrar must register the firearm unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to register a firearm, see s 163.

163 Firearm registration—refusal (1) The registrar must refuse to register a firearm unless the person to be the registered owner is the holder of a licence or permit in relation to (2) Also, if the registrar requires an applicant for registration of a firearm to produce the firearm under section 161 (2) (b), the registrar must refuse to register the firearm if it is not produced as required.

164 Firearm registration notice (a) registers a firearm under section 162; or (b) registers a person as a user of a firearm under section 170; or (c) records in the register, as prescribed by regulation, a change in the owner and user particulars for a firearm. (2) The registrar must issue a firearm registration notice to the registered owner of the firearm. (3) The registrar may also, but need not, issue a firearm registration notice to each registered user of the firearm. (4) However, if a registered user of a firearm applies to the registrar for a firearm registration notice for the firearm, the registrar must issue the notice to the user.

165 End of firearm registration The registration of a firearm remains in force unless cancelled under section 166.

166 Cancellation of firearm registration (1) The registrar must cancel the registration of a firearm— (a) if the owner of the firearm no longer holds a licence or permit in relation to the firearm; or (b) if satisfied on reasonable grounds that the applicant for registration gave information that was (to the applicant’s knowledge) false or misleading in a material particular in relation to the application; or (c) if the owner of the firearm is convicted of— (i) an offence against this Act; or

Registration of firearms Division 11.3 (ii) an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents) in relation to an application under this Act; or (iii) an offence against the Criminal Code, section 346 (Forgery) in relation to a licence or permit under this Act; or (iv) an offence against the Criminal Code, section 361 (Obstructing Territory public official) in relation to a police officer exercising a function under this Act; or (v) an offence prescribed by regulation; or (d) if the owner of the firearm asks for the cancellation; or (e) for any other reason prescribed by regulation. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 If the registrar cancels the registration of a firearm under this section, the registrar must give written notice of the decision to the owner of the firearm (see s 260). (2) The cancellation takes effect on— (a) the day notice of the cancellation is given to the owner of the (b) if the notice of the cancellation states a later date of effect—the

167 Police may seize firearms if firearm registration cancelled A police officer may seize a firearm if the firearm’s registration is cancelled.

168 User registration—application (1) This section applies to the holder of 1 or more of the following licences: (a) a category A licence; (b) a category B licence; (c) a category C licence; (d) a category H licence; (e) a firearms dealer licence; (f) a paintball marker licence. (2) The holder may apply to the registrar for registration as a user of a registered firearm— (a) of which someone else is the registered owner; and (b) of the kind the holder is authorised to use by the holder’s licence. (3) The application must— (a) be accompanied by a certified copy of the applicant’s licence; and (b) contain the registered owner’s written consent to the registration of the applicant as a user of the firearm. Anthony holds a category A licence. Jess is the registered owner of a category A firearm and agrees to let Anthony use her firearm. Anthony may apply to the registrar to be a registered user of Jess’s firearm.

169 User registration—request for further information etc (1) This section applies to an application for registration as a user of a

Registration of firearms users Division 11.4 (3) The registrar may give the registered owner of the firearm a written notice requiring the registered owner to produce the firearm to the registrar to allow the registrar to— (a) identify the firearm by inspecting it; and (b) decide if the firearm is safe. (4) If the applicant does not comply with subsection (2), the registrar may Note If the registered owner does not produce the firearm, the registrar must refuse to register the user (see s 171 (2)).

170 User registration—decision On an application for registration as a user of a firearm, the registrar must register the user unless prevented from doing so by this Act. Note 1 For when the registrar must refuse to register a person as a user of a firearm, see s 171.

171 User registration—refusal (1) On an application for registration as a user of a firearm, the registrar must refuse to register the applicant as a user unless satisfied on (a) the firearm to which the application relates is of a kind suitable for use for the genuine reason established by the applicant for the issue of the applicant’s licence; and

(b) if the applicant is a licensed firearms dealer or composite entity, or an employee or person acting on behalf of a licensed firearms dealer or composite entity—the applicant requires the firearm for the purposes of the dealership or entity. (2) Also, if the registrar requires the registered owner of a firearm to produce the firearm under section 169 (3), the registrar must refuse to register the user if the firearm is not produced as required.

172 Effect of registration as user (1) Registration as a user of a firearm authorises the registered user to possess and use the firearm as if the firearm were held under the registered user’s licence or permit. (2) However, a registered user of a firearm may possess or use the firearm only with the registered owner’s permission. (3) Also, a registered user is authorised to possess and use a firearm for which a licensed firearms dealer is the registered owner if— (a) the dealer is listed in the register in relation to the user; and (b) the user is employed by the dealer; and (c) the user possesses and uses the firearm in the course of the employment. (4) Also, a registered user is authorised to possess and use a category A, category B, category C or category H firearm for which a composite entity is the registered owner if— (a) the composite entity is listed in the register in relation to the user; and (b) the user is employed by the composite entity; and (c) the user possesses and uses the firearm in the course of the employment.

Registration of firearms users Division 11.4 (5) Also, a registered user is authorised to possess and use a category A, category B or category H firearm for which an approved club is the registered owner if— (a) the approved club is listed in the register in relation to the user; and (b) the user is a member of the club; and (c) the user possesses and uses the firearm while on an approved shooting range owned or used by the club, or another approved club, to take part in a competition in, or activities relating to, the use of the firearm.

173 User registration—period in force The registration of a user of a firearm remains in force unless cancelled under this division.

174 Automatic cancellation of user registration (1) This section applies if the registrar cancels the registration of a firearm under section 166. (2) The registration of each registered user of the firearm is cancelled by force of this section on the day the firearm’s registration is cancelled. (3) The registrar must give each person (other than an excepted person) whose registration as a user of the firearm is cancelled by force of this section a written notice stating— (a) that the person’s registration as a user of the firearm is cancelled because the firearm’s registration is cancelled; and (b) the date the firearm’s registration is cancelled.

(4) For a firearm for which a composite entity is the registered owner, the registered principal for the firearm must give each excepted person a written notice stating— (a) that the person’s registration as a user of the firearm is cancelled because the firearm’s registration is cancelled; and (b) the date the firearm’s registration is cancelled. excepted person, in relation to a firearm for which a composite entity is the registered owner, means a person whose registration as a user of the firearm is cancelled by force of this section.

175 Automatic cancellation of user registration—certain registered users (1) This section applies to a person who is a registered user of a firearm if any of the following is the registered owner of the firearm: (a) a licensed firearms dealer; (b) a composite entity; (c) an approved club. (2) The person’s registration as a registered user is cancelled by force of this section if the person stops being— (a) if the registered owner is a licensed firearms dealer—an employee of the dealer; or (b) if the registered owner is a composite entity—a principal or employee of the composite entity; or (c) if the registered owner is an approved club, and the person is not a principal or employee of the club—an active member of the (3) The cancellation takes effect on the day the person stops being the employee, principal or active member.

Offences—registration Division 11.5

176 Offence—failing to notify event causing cancellation of user registration (a) the person’s registration as a user is cancelled under section 175; and (b) the person does not, within 7 days after the day the registration is cancelled, tell the registrar in writing about the reason for the cancellation. (2) The holder of a composite entity licence commits an offence if— (a) a person who is an employee of the entity is a registered user of a firearm of which the entity is the registered owner; and (b) the person stops being employed by the entity; and (c) the entity does not, within 7 days after the day the person stops being employed by the entity, tell the registrar in writing about the end of the employment. (3) A licensed firearms dealer commits an offence if— (a) a person who is an employee of the dealer is a registered user of a firearm of which the dealer is the registered owner; and (b) the person stops being employed by the dealer; and (c) the dealer does not, within 7 days after the day the person stops being employed by the dealer, tell the registrar in writing about the end of the employment.

177 Offence—unregistered firearms (1) A person must not dispose of or acquire— (a) a prohibited firearm that is not registered; or (b) any other firearm that is not registered. (a) for subsection (1) (a)—1000 penalty units, imprisonment for 10 years or both; or (b) for subsection (1) (b)—500 penalty units, imprisonment for 5 years or both. (2) A person must not possess or use— (a) a prohibited firearm that is not registered; or (b) any other firearm that is not registered. (a) for subsection (2) (a)—1 000 penalty units, imprisonment for 10 years or both; or (b) for subsection (2) (b)—500 penalty units, imprisonment for 5 years or both. (3) Subsection (1), to the extent that it creates an offence of disposing of a firearm that is not registered, and subsection (2), to the extent that it creates an offence of possessing a firearm that is not registered, do not apply in relation to the surrender of a firearm to a police officer. (4) Also, subsection (1), to the extent that it creates an offence of acquiring a firearm that is not registered, and subsection (2), to the extent that it creates an offence of possessing a firearm that is not registered, do not apply if— (a) the person is a licensed firearms dealer; and (b) the firearm is registered within the period prescribed by

Offences—registration Division 11.5 (5) Also, subsections (1) and (2) do not apply to a person if the person— (a) did not know, and could not reasonably be expected to have known, that the firearm was not registered; and (b) is not the owner of the firearm.

178 Offence—requirements relating to registered firearms (1) The registered owner of a firearm must produce the firearm for inspection by a police officer at any reasonable time if asked to do so by the officer. (2) A person (other than a licensed firearms dealer) who is the registered owner of a firearm commits an offence if the person— (a) sells the firearm; and (b) fails to give the registrar the particulars prescribed by regulation in relation to the sale within 7 days after the day the firearm is sold. (3) A person (other than a licensed firearms dealer) commits an offence if the person— (a) acquires a firearm; and (b) fails to give the registrar the particulars prescribed by regulation in relation to the acquisition within 7 days after the day the firearm is acquired. Note See also s 257 (Offence—lost, stolen or destroyed firearms).

179 Offence—possessing firearm under another licence A licensee must not possess a firearm of which someone else is the registered owner unless— (a) the person is the registered principal for, or a registered user of, the firearm; or (b) the licensee is otherwise authorised under this Act to possess the

Safe storage of firearms Part 12

180 Offence—failing to comply with storage requirements (a) possesses— (i) a prohibited firearm; or (ii) any other firearm; and (b) fails to take all reasonable steps to ensure each of the following: (i) the firearm is stored safely; (ii) the firearm is not lost or stolen; (iii) the firearm does not come into the possession of someone who is not authorised to possess the firearm. (a) for subsection (1) (a) (i)—imprisonment for 2 years; (b) for subsection (1) (a) (ii)—imprisonment for 1 year. (2) For a firearm stored in a vehicle, the person who possesses the firearm takes all reasonable steps to ensure it is stored safely if the firearm is stored in the vehicle in accordance with any guidelines under section 37 (Minister’s guidelines). (3) Also, a regulation may prescribe what are reasonable steps.

181 Offence—storage requirements for category A, category B and paintball marker licences (1) The holder of a category A, category B or paintball marker licence must comply with the following requirements in relation to each registered firearm held under the licence: in a locked receptacle—

(i) of a type approved by the registrar; and (ii) that is constructed of hard wood or steel so as not to be easily penetrable; and (iii) if the receptacle weighs less than 150kg when empty— fixed in position to prevent its easy removal; and (iv) secured by locks of solid metal of a type approved by the registrar; separate from the receptacle containing the firearm; are prescribed. Maximum penalty: imprisonment for 1 year. (2) A licensee need not comply with the requirements of this section if the licensee satisfies the registrar that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

182 Offence—storage requirements for category C, D and H (1) The holder of a category C, category D or category H , other than the holder of a category H licence mentioned in subsection (2), licence must comply with the following requirements in relation to each registered firearm held under the licence: in a locked steel safe— (i) of a type approved by the registrar that can not be easily penetrated; and

Safe storage of firearms Part 12 (ii) bolted to the structure of the premises where the firearm is authorised to be kept; separate from the safe containing the firearm; are prescribed. Maximum penalty: imprisonment for 2 years. (2) The holder of a category H licence that is an entity that carries on business in the ACT as a security organisation must comply with the following requirements in relation to each registered firearm held under the licence: in a container prescribed by regulation; separate from the container prescribed for paragraph (a); are prescribed by regulation. Maximum penalty: imprisonment for 2 years. (3) A licensee need not comply with the requirements of this section if the licensee satisfies the registrar that the licensee has provided alternative arrangements for the storage of firearms in the licensee’s possession that are of a standard not less than the requirements set out in this section.

183 Seizure of firearms if storage requirements not met A police officer must seize any firearm or ammunition that the officer has reasonable grounds to believe is not being kept in accordance with this part.

184 Meaning of prohibited person—pt 13 prohibited person—see section 187. Division 13.2 Licences and licensed firearms 185 Offence—firearms dealers to be licensed (a) in carrying on a business, the person— (i) manufactures, acquires, disposes of, repairs, maintains or tests firearms or firearm parts; or (ii) possesses firearms for the purpose of disposing of, or repairing, maintaining or testing, them; or (iii) possesses firearm parts for the purpose of manufacturing firearms; or (iv) stores firearms for someone else; and (b) the person is not authorised to do the thing by a firearms dealer

186 Information about close associates of certain firearms (1) In an application for a firearms dealer licence, the applicant must give the name and address of each close associate of the applicant and particulars of the kind of association with the applicant. (2) If a close associate of a licensed firearms dealer changes after the dealer gives the registrar the most recent application for a licence, or declaration under this section, the dealer must give the registrar not later than 7 days after the day the change happened a written declaration— (a) telling the registrar about the change; and (b) stating the name and address of each close associate of the dealer and particulars of the nature of the association with the dealer. (3) The registrar may, by written notice given to a licensed firearms dealer, require the dealer to give the registrar within the reasonable time stated in the notice— (a) a written declaration that— (i) the dealer (and no one else) is the person primarily responsible for the management of the business authorised by the licence; or (ii) someone else (whether instead of or in addition to the dealer) is primarily responsible for the management of the business; and (b) a written declaration— (i) that the close associates of the dealer (if any) have not changed since the most recent application for a licence, or declaration under this section, was given to the registrar; or

(ii) stating the name and address of each close associate of the dealer and particulars of the nature of the association with the dealer. Note The Criminal Code, pt 3.4 includes offences for giving false or misleading statements and giving false or misleading information.

187 Meaning of prohibited person for licensed firearms For this part, an individual is a prohibited person for a licensed firearms dealer if the individual— (a) does not hold an adult firearms licence; and (b) is not suitable. Note 1 For when an individual is or is not suitable, see s 17. Note 2 If an individual’s licence is suspended, the licensee is not authorised to possess or use any firearm (not only firearms held under the licence) during the suspension (see s 79 and s 80).

188 Registrar’s statement whether person prohibited— application (1) A licensed firearms dealer must apply to the registrar for a statement about an individual who has agreed to the making of the application if— (a) the dealer— (i) proposes to employ the individual in the business authorised by the licence; or (ii) proposes to allow the individual to act as an agent for, or take part in the management of, the business; and (b) the individual does not hold an adult firearms licence.

(2) A licensed firearms dealer may apply to the registrar for a statement about an individual who has agreed to the making of the application if— (a) the dealer— (i) employs the individual in the business authorised by the (ii) allows the individual to act as an agent for, or take part in the management of, the business; and (b) the individual does not hold an adult firearms licence. (3) The application must— (a) provide evidence of the individual’s identity in accordance with (b) contain the information mentioned in section 54 (2) (b) (Adult firearms licences—applications) as if the individual were the applicant; and (c) be accompanied by the documents mentioned in section 54 (2) (c) as if the individual were the applicant. (4) Also, the registrar may give the individual a written notice requiring the individual to give the registrar stated further information or documents mentioned in section 56 (Adult firearms licences— requirement for further information etc) as if the individual were the applicant.

189 Registrar’s statement whether person prohibited On an application under section 188, the registrar must give the licensed firearms dealer a statement in relation to the individual stating whether the individual is a prohibited person.

190 Offence—prohibited person not to be involved in firearms dealing business (1) A licensed firearms dealer commits an offence if the dealer— (a) employs a prohibited person in the business authorised by the (b) allows a prohibited person to act as an agent for, or take part in the management of, the business. Maximum penalty: imprisonment for 10 years. (2) A person commits an offence if— (a) the person is a prohibited person; and (b) either— (i) a licensed firearms dealer employs the person in the business authorised by the licence; or (ii) a licensed firearms dealer allows the person to act as an agent for, or take part in the management of, the business. Maximum penalty: imprisonment for 10 years. if the licensed firearms dealer proves that the dealer did not know, and could not reasonably be expected to have known, that the individual employed or allowed to act as an agent for, or to take part in the management of, the business was a prohibited person.

191 Offence—restrictions on acquisition and disposal of firearms by firearms dealers (1) A licensed firearms dealer commits an offence if— (a) the dealer acquires a firearm from someone (the disposer) who is not a licensed firearms dealer; and

(b) the disposer— (i) is not authorised by a licence or permit to possess the (ii) is authorised by a licence or permit to possess the firearm, but the dealer has not inspected the licence or permit. (2) A licensed firearms dealer commits an offence if— (a) the dealer disposes of a firearm to someone (the acquirer); and (b) any of the following apply: (i) the acquirer is not authorised by a licence or permit to possess the firearm; (ii) the acquirer is authorised by a licence or permit to possess the firearm, but the dealer has not inspected the licence or permit; (iii) the dealer has not inspected the acquirer’s permit to acquire the firearm (or the equivalent of a permit to acquire a firearm that is issued under the law of a State or another Territory for the firearm). (3) Subsection (2) does not apply in relation to the surrender of a firearm to a police officer.

Division 13.3 Licensed firearms dealers—records and returns

192 Definitions—div 13.3 In this division: acquire, a firearm, includes— (a) take possession of the firearm to repair, maintain or test it; and (b) store the firearm. dispose, of a firearm, includes, for a firearm that is repaired, maintained, tested or stored for a person, return the firearm to the

193 Offence—records generally A licensed firearms dealer commits an offence if the dealer intentionally or negligently fails to ensure that— (a) each acquisition or disposal of a firearm, or firearm part, to which the dealer’s licence applies is recorded in accordance with this division; and (b) each record relating to a firearm or firearm part is given to the

194 Acquisition and disposal—records (1) This section applies if a licensed firearms dealer— (a) acquires a firearm or firearm part from someone else; or (b) disposes of a firearm or firearm part to someone else.

(2) The record of the acquisition or disposal of the firearm or firearm part must contain the following particulars: (a) the name and address of the other person; (b) for a firearm other than a firearm that is temporarily stored—the number of the other person’s licence or permit authorising the other person to possess the firearm or firearm part; (c) for a disposal of a firearm (other than the surrender of a firearm to a police officer or a firearm temporarily stored)—the number of the other person’s permit to acquire the firearm; (d) for each firearm or firearm part that is or has been in the firearms dealer’s possession— (i) the date it was first acquired by the dealer and, if no longer in the dealer’s possession, the date of its disposal by the dealer; and (ii) the name and address of the person who first gave possession of it to the dealer; and (iii) if it is disposed of by the dealer (other than by return to the person for whom it was stored)—its make, serial number, calibre, type, action and magazine capacity (if any); (e) any other particulars prescribed by regulation. (3) The record of the acquisition or disposal must be made within 48 hours after the acquisition or disposal, unless a regulation prescribes otherwise. (4) The record of the acquisition or disposal must be made and kept in the way approved by the registrar. (5) An approval is a notifiable instrument.

195 Correction of recorded entries A correction to an entry in a record required to be kept under this division must— (a) preserve the record; and (b) show that a correction has been made and the date it was made; and (c) be made in accordance with any guidelines under section 37 (Minister’s guidelines).

196 Offence—inspection of records (1) A licensed firearms dealer commits an offence if the dealer— (a) is required to keep a record, or ensure a record is kept, under this division; and (b) fails to do 1 or more of the following when asked by a police officer: (i) show the record to the officer and allow the officer to inspect and make copies of any entry in it; (ii) show the officer the firearms and firearm parts in the dealer’s possession; (iii) give the officer any information in the dealer’s possession about a firearm or firearm part that, under the authority of the dealer’s licence— (A) is in the dealer’s possession; or (B) has been manufactured or repaired; or (C) has been acquired; or (D) has been disposed of. (2) An offence against this section is a strict liability offence.

197 Offence—records of former firearms dealers (a) stops being a licensed firearms dealer; and (b) not later than 14 days after the day (the end day) the person stops being licensed, the person fails to give the registrar all of the person’s records as a dealer during the 2 years immediately before the end day. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence.

198 Offence—monthly returns (1) Not later than 7 days after the end of each month, a licensed firearms dealer must give the registrar a return for the month that contains the particulars mentioned in section 194 (2) (Acquisition and disposal— records). (2) A licensed firearms dealer commits an offence if the dealer does not take all reasonable steps to give a return in accordance with this section.

199 Additional requirements for firearms dealers (1) A licensed firearms dealer must affix and keep affixed to each firearm in the dealer’s possession (other than for the purposes of maintenance or repair) a label showing the entry number for that firearm as entered in the record required to be kept under this part and the identifying number (if any) of that firearm.

(2) If the registrar serves a written notice on a licensed firearms dealer about the acquisition, disposition or possession by the dealer of any firearms or firearm parts, the dealer must, within the time stated in the notice, give to the registrar the particulars required by the notice. (3) A licensed firearms dealer must, within 24 hours after becoming aware of the loss, theft or destruction of any firearm or firearm part that was in the possession of the dealer, notify the registrar of that loss, theft or destruction. (4) A licensed firearms dealer must ensure that each record required to be kept by the dealer under this Act is kept in a safe place on the registered premises for the firearm, other than a place in which firearms are kept under this Act. (5) A licensed firearms dealer commits an offence if the dealer— (a) takes possession of a firearm from someone else to— (i) repair, maintain or test it; or (ii) store it for the person; and (b) has not inspected— (i) the person’s licence or permit in relation to the firearm; and (ii) the firearm registration notice for the firearm. (6) Subsection (5) does not apply in relation to— (a) a firearm that is temporarily stored; or

(b) storage of a firearm mentioned in section 74 (b) (i) (Adult firearms licences—special conditions of category D licences). (7) A licensed firearms dealer must not store, maintain or repair a firearm that is not registered. (8) Subsection (7) does not apply in relation to a firearm that is temporarily stored. Note See s 237 (Offence—disposal of firearms by unauthorised holders generally) and s 238 (Offence—disposal of inherited firearms). (9) The regulations may prescribe other requirements with respect to licensed firearms dealers.

200 Security of displayed firearms (1) A licensed firearms dealer who displays firearms on the dealer’s premises must ensure that those firearms are secured in a manner that would reasonably prevent their removal otherwise than by the dealer or any employee of the dealer. (2) A licensed firearms dealer commits an offence if the dealer fails to ensure that each firearm displayed in any part of the registered premises— (a) is under the immediate supervision and control of the dealer or an employee of the dealer; and (b) is not displayed to the public unless reasonable precautions are taken to prevent it from being stolen.

201 Interstate transactions between dealers (1) Despite any other provision of this Act, a licensed firearms dealer is, for the purposes of any transaction between the dealer and the holder of a corresponding licence, authorised to buy a firearm from the holder of that corresponding licence. corresponding licence means an instrument that, in the opinion of the registrar, is the equivalent of a firearms dealer licence in a place outside the ACT.

Interpretation Division 14.1

Division 14.1 Interpretation

202 Meaning of offence—pt 14 offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed.