Northern Territory act

Firearms Act 1997

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

9/10 complexity

The Act creates a comprehensive regulatory regime for firearms in the Northern Territory: licensing and permits, mandatory registration, storage and safekeeping rules, criminal offences and heavy penalties, and targeted regulation of dealers, armourers and paintball operators. It concentrates decision and enforcement power in the Commissioner of Police (including preventive firearm prohibition orders) and affects individual owners, businesses and police — raising compliance costs, enforcement discretion and public‑safety trade‑offs.

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Current sections

Direct links to the current provisions in Firearms Act 1997.

206

10A

General restrictions on grant of firearms dealer licence,

10A General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence ...................................................................... 20 11 Genuine reason for licence ............................................................ 20 12 Form of licence .............................................................................. 21 13 General conditions of licence......................................................... 21 14 Period of licence ............................................................................ 22 Division 3 Shooter's licence 15 Shooter's licence ........................................................................... 23

Firearms Act 1997 ii 15A Category H sports shooter's licence .............................................. 23 15B Procedure for obtaining licence ..................................................... 23 15C Conditions of licence ..................................................................... 24 16 Firearms dealer licence ................................................................. 24 16A Information about close associates of firearms dealers ................. 24 16B Possession of firearms held under firearms dealer licence ........... 26 17 Security measures required by dealer ........................................... 26 18 Records and returns to be kept by dealers .................................... 27 19 Production of firearms ................................................................... 28 21 Interstate transactions between dealers ........................................ 28 22 Firearms armourer licence ............................................................. 28 22A Records to be kept by firearms armourer ...................................... 29 23 Production of firearms and records................................................ 29 24 Firearms collector licence .............................................................. 30 25 Use of firearm under firearms collector licence.............................. 30 Division 6A Antique firearms collector licence 25A Antique firearms collector licence .................................................. 31 26 Firearms corporate licence ............................................................ 31 Division 9 Firearms club junior licence 28 Firearms club junior licence ........................................................... 32 29 Firearms museum licence.............................................................. 32 29A Possession of firearms held under firearms museum licence ........ 32 Division 11 Firearms heirloom licence 30 Firearms heirloom licence.............................................................. 33

Firearms Act 1997 iii 30A Firearms club licence ..................................................................... 33 30B Records to be kept by firearms clubs ............................................ 33 30C Firearms instructor licence............................................................. 34 Division 13A Firearms employee licence 30CA Firearms employee licence ............................................................ 35 Subdivision 1 Paintball operator licences 30D Effect of licence ............................................................................. 35 30E Effect of licence ............................................................................. 35 30F Licence expires if holder ceases to be employee .......................... 36 30G Disclosure of information by Commissioner to approved paintball operator ........................................................................... 36 31 Grant of permits ............................................................................. 36 32 Application for permit ..................................................................... 38 33 General restrictions on granting permits ........................................ 39 33A Possession and use of firearms by international competitors ........ 41 34 General provisions relating to permits ........................................... 41 35 Permits to purchase or acquire firearms ........................................ 42 35A Permits for category H sports shooters ......................................... 43 35B Limits on firearm ownership under category H sports shooter's licence ........................................................................................... 44 35C Permits under firearms collector licence ........................................ 45 35D Restriction on granting paintball operator permit ........................... 45 36 Registration of firearms ................................................................. 46 37 Duration of registration .................................................................. 46 Part 6 Surrender or revocation of licences, permits and certificates of registration 38 Suspension of licence, permit or registration ................................. 47 39 Suspension on making of interim domestic violence order ............ 48

Firearms Act 1997 iv 40 Revocation of licence, permit or registration .................................. 48 40A Revocation on basis of criminal intelligence .................................. 51 40B Seizure of firearms on revocation .................................................. 51 41 Surrender by holder ....................................................................... 52 42 Suspension by police officer or Commissioner .............................. 52 43 Refusal or revocation by Commissioner ........................................ 53 44 Disposal of firearms ....................................................................... 53 45 Delivery of firearms to Commissioner for safekeeping .................. 54 46 Storage and safe keeping requirements ........................................ 54 47 Seizure of firearms if storage requirements not met ...................... 55 Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges 48 Premises used by firearms clubs and for shooting activities ......... 55 49 Approval of premises used by firearms clubs and for shooting activities ......................................................................................... 56 49A Approval of premises for use as paintball range ............................ 56 49B Definitions ...................................................................................... 57 49C Meaning of firearm related item ..................................................... 58 49D Meaning of prohibited premises..................................................... 58 49E Firearm prohibition order ............................................................... 59 49F Considerations in making firearm prohibition order ....................... 59 49G Form and content of order ............................................................. 59 49H Duration of order............................................................................ 60 49J Service of order ............................................................................. 60 49K Cancellation or suspension of licences, permits and certificates ..................................................................................... 61 49L Review by NTCAT – firearm prohibition orders ............................. 62 49M Further right to apply for review by NTCAT ................................... 63 49N Confidentiality of classified information .......................................... 63

Firearms Act 1997 v Division 4 Offences in relation to firearm prohibition orders 49P Offence to contravene firearm prohibition order ............................ 64 49Q Offence to engage in conduct resulting in another person contravening firearm prohibition order ........................................... 65 49R Offence to be at prohibited premises ............................................. 65 49S Offence to reside at premises where there are firearms or firearm related items ...................................................................... 65 49T Offence to be in company of person using firearm or firearm related item .................................................................................... 66 49U Search of person to whom firearm prohibition order relates without warrant or consent............................................................. 66 49V Search of associate without warrant or consent ............................ 67 49W Search of premises, vehicles, aircraft or vessels without warrant or consent ......................................................................... 68 49X Search of person at premises, vehicles, aircraft or vessels without warrant or consent............................................................. 70 49Y Requirement to give name and address ........................................ 71 49Z Dealing with firearms or firearm related items surrendered or seized under this Part .................................................................... 71 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part ........................................... 72 Division 6 Review of operation of Part 49ZB Review of operation of Part ........................................................... 73 50 Review by NTCAT – general ......................................................... 73 51 Constitution of NTCAT for review proceedings .............................. 74 55 Firearms Advisory Council ............................................................. 74 56 Functions and powers of Council................................................... 75 57 Meetings of Council ....................................................................... 75 58 Possession or use of firearms ....................................................... 76 58A Obligation of supervisor ................................................................. 78 58B Obligation of firearms club ............................................................. 78

Firearms Act 1997 vi Division 2 Offences relating to registration 59 Firearms to be registered............................................................... 79 60 Alteration of certificate of registration ............................................ 79 60A Conspiring to commit and aiding etc. commission of offence outside Territory............................................................................. 79 60B Definition........................................................................................ 80 60C Prohibition of carrying on business of paintball operator without authority ............................................................................ 80 60D Information about close associates, representatives and employees ..................................................................................... 80 60E Records and returns ...................................................................... 81 60F Prohibition on employing certain persons ...................................... 82 60G Production of firearms ................................................................... 82 60H Possession and use of paintball firearm only at approved paintball range ............................................................................... 82 60J Restrictions on children playing paintball ....................................... 83 60K Paintball player must sign declaration and give identification ........ 83 60L Certain persons prohibited from playing paintball .......................... 84 61 Manufacture of firearms ................................................................. 84 61A Repair or modification of firearms .................................................. 85 62 Purchase of firearms ..................................................................... 85 63 Sale of firearms ............................................................................. 86 63A Trafficking in firearms .................................................................... 88 63B Advertising firearm for sale ............................................................ 89 64 Use of mail for sending firearms .................................................... 89 65 Use of mail for sending firearms outside the Territory ................... 90 66 Transporting firearms .................................................................... 91 67 Disposal of firearms by unauthorised holders ................................ 92 68 Altering firearms ............................................................................ 92 68A Sale and purchase of ammunition ................................................. 92 69 Possession of ammunition ............................................................. 93 70 Pawning of firearms prohibited ...................................................... 93 71 Misuse of licences and permits...................................................... 93 73 Hiring or leasing firearms ............................................................... 94 74 Alteration of identification marks .................................................... 94 75 Toy guns ........................................................................................ 95 76 Unsafe firearms ............................................................................. 95 77 Silencers and machine-guns ......................................................... 95 78 Carrying firearms in public places.................................................. 96

Firearms Act 1997 vii 79 Discharge of firearms on certain land ............................................ 97 80 Possession of firearms on certain land .......................................... 97 81 Restriction on possession and use of firearms on certain vacant Crown land ......................................................................... 98 82 Discharge of firearms on roads...................................................... 98 83 Prohibited use of firearms .............................................................. 99 84 Discharge of firearm causing danger ............................................. 99 85 Breach of conditions ...................................................................... 99 86 Persons under influence of alcohol or drugs.................................. 99 87 Delivery of firearms to certain persons .......................................... 99 88 Delivery of firearms to unlicensed persons .................................. 100 89 False or misleading statements ................................................... 100 90 Matters to be notified ................................................................... 100 91 Requirements and directions to be complied with ....................... 101 91A Notice of change of representative of certain licence and permit holders .............................................................................. 101 92 Temporary recognition of interstate licences for shooting competition .................................................................................. 102 93 Interstate residents moving to the Territory ................................. 102 93A Revocation and disqualification ................................................... 103 93B Disqualification if aggravating circumstance ................................ 103 93C No grant of licence or permit........................................................ 104 93D Court may order forfeiture............................................................ 104 93E No effect on general power.......................................................... 104 93F No review of certain decisions by Commissioner ........................ 105 94 Commissioner may require firearm to be lodged ......................... 105 95 Police may request names and addresses .................................. 105 96 Police may require production of licences and permits................ 106 96A Police may require production of firearm ..................................... 106 97 Searches in emergencies ............................................................ 107 98 Seizure ........................................................................................ 108 98A Seizure etc. of firearm includes ammunition ................................ 108 99 Retention of certain seized firearms ............................................ 109 99A Storage of certain firearms .......................................................... 110 100 Protection from liability ................................................................ 111 101 Report to be made in certain circumstances................................ 111 102 Disclosure of information by Commissioner in certain circumstances.............................................................................. 112

Firearms Act 1997 viii 103 Duplicate certificates and licences............................................... 113 104 Averments ................................................................................... 113 104A Evidence by certificate ................................................................. 114 105 Evidentiary – meaning of possession of a firearm etc. ................ 114 106 Service of notices and documents ............................................... 114 106A Conduct of representatives .......................................................... 115 106B Criminal liability of executive officer of body corporate ................ 116 107 Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence ..................... 117 107A Offences by representatives of licence and permit holders ......... 118 108 Commencement of prosecutions ................................................. 118 109 Regulatory offences..................................................................... 119 110 Certain category H firearms to be produced to Commissioner .... 119 110A Voluntary surrender of category H firearms ................................. 120 111 Regulations.................................................................................. 120 112 Review of Act............................................................................... 121 Division 1 Firearms Amendment Act 2003 113 Transitional .................................................................................. 121 Division 2 Statute Law Amendment (Directors' Liability) Act 2015 114 Offences – before and after commencement............................... 121 Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 115 Definitions .................................................................................... 122 116 Review of decisions and actions before commencement ............ 122 117 Pending proceeding before former Tribunal ................................ 123 118 Appeals against decisions of former Tribunal not instituted before commencement ................................................................ 124 119 Appeals against decisions of former Tribunal not determined before commencement ................................................................ 124 120 Remittal of matters to NTCAT on appeals determined after commencement ........................................................................... 124 Division 4 Attorney-General and Police Legislation Amendment Act 2025 121 Application of amendments to section 35 .................................... 125

Firearms Act 1997 ix

As in force at 6 December 2025

FIREARMS ACT 1997 An Act to provide for the regulation, control and registration of firearms, and for related purposes

Short title

1 Short title This Act may be cited as the Firearms Act 1997.

Commencement

2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

Interpretation

3 Interpretation (1) In this Act: affected person: (a) for Part 8A – see section 49L(2); or (b) otherwise – see section 50(2). air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air. ammunition means: (a) an article consisting of a cartridge case fitted with a primer and a projectile other than an inert round; or (b) an article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile; or (c) a blank cartridge, air gun pellet, training cartridge or gas cartridge; or (d) a paintball pellet; or

Firearms Act 1997 2 (e) an article prescribed by regulation. ammunition retail permit means a permit authorising the holder, and employees of the holder, to possess, purchase and sell only ammunition of a category specified in the permit, as mentioned in section 31(1)(fe). approved means approved by the Commissioner. approved paintball operator means the holder of a paintball operator licence or permit. approved paintball range means the premises specified in a paintball operator licence or permit. category H sports shooter means a person who: (a) is the holder of a licence to possess and use prescribed category H firearms; and (b) is a member of an approved firearms club; and (c) participates in category H sports shooting. category H sports shooting means participation in prescribed category H shooting disciplines at an approved firearms club. certificate of registration means a certificate of registration issued under section 36. Commissioner means the Commissioner of Police. corresponding, in relation to a licence, permit or certificate of registration, means a licence or permit in force under a law of a State or another Territory that, in the opinion of the Commissioner, corresponds to a licence, permit or certificate of registration under this Act. Council means the Firearms Advisory Council established by section 55. criminal intelligence, see section 6 of the Serious Crime Control Act 2009. determined fee means a fee determined under section 6. disqualifying offence means: (a) an offence prescribed by the Regulations to be a disqualifying offence; or

Firearms Act 1997 3 (b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in domestic violence order, see section 4 of the Domestic and Family Violence Act 2007. final domestic violence order means: (a) a domestic violence order other than an interim domestic violence order; or (b) a registered external order. firearm means a device or part of a device (whether or not assembled, operable or temporarily or permanently inoperable) that is designed or adapted to discharge shot, a bullet or other projectile: (a) by expanding gases produced in the device; or (b) by igniting combustible material; or (c) by compressed air or other compressed gases (whether stored in the device or attached to the device in pressurised containers). firearm part means a part mentioned in subsection (1A). firearm prohibition order, for Part 8A, see section 49B. firearm related item, for Part 8A, see section 49C. firearms club means a shooting union, association, club or other group of persons, however described, who associate for purposes connected with the use of firearms. holder, in relation to a licence, permit or certificate of registration, means the person to whom it is granted. interim court DVO, see section 64 of the Domestic and Family Violence Act 2007. interim domestic violence order means: (a) a domestic violence order made under Part 2.4 of the Domestic and Family Violence Act 2007 that has not yet been confirmed under that Part; or (b) an interim court DVO; or

Firearms Act 1997 4 (c) a domestic violence order of another jurisdiction that is of an interim or provisional nature. interim personal violence restraining order, see section 3 of the Personal Violence Restraining Orders Act 2016. international competitor means a person who resides outside Australia and who is visiting Australia for the purpose of competing in an approved shooting competition. land includes land covered by water and the water covering the land. licence means a licence granted under Part 3. machine-gun means: (a) a firearm (including a pistol) that discharges or is capable of discharging more than one cartridge on a single release of a trigger mechanism; and (b) a firearm mentioned in paragraph (a) from which, for the time being, a cartridge cannot be discharged because of the absence or defect of a part or an obstruction in the firearm, but from which, if the part were replaced, renewed or repaired or the obstruction removed, a cartridge could be discharged. offence of violence means: (a) an offence prescribed by the Regulations to be an offence of violence; or (b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paintball means a game in which players attempt to shoot at one another with prescribed paintball firearms using prescribed paintball pellets. paintball employee means the holder of a paintball employee paintball employee licence means a licence in force under Part 3, Division 14, Subdivision 2, for employment by an approved paintball operator. paintball firearm means a firearm designed to discharge paintball pellets.

Firearms Act 1997 5 paintball operator means a person carrying on the business of providing a paintball range, paintball firearms and pellets and other things for playing paintball. paintball operator licence means a licence in force under Part 3, Division 14, Subdivision 1, for the business of paintball operator at a paintball range. paintball operator permit means a permit in force under Part 4 for the business of paintball operator at a temporary paintball range. paintball pellets means pellets that: (a) consist primarily of a dye, paint or similar marking substance; and (b) are designed to be discharged from a firearm. paintball player declaration, see section 60K(1)(a). paintball range means premises for playing paintball. permit means a permit granted under Part 4. personal violence restraining order means: (a) a personal violence restraining order made under the Personal Violence Restraining Orders Act 2016; or (b) a similar order made in a State or another Territory. pistol means a firearm that is: (a) capable of being used in, or adapted to be aimed and discharged using, one hand only; and (b) capable of being concealed on or about the person. possess or use, in relation to a firearm or ammunition, includes to carry, have under control, test discharge and store the firearm or ammunition. premises includes buildings and land. prohibited firearm means a firearm or item specified in Schedule 1. prohibited person, for Part 11, Division 2B, see section 60B. prohibited premises, for Part 8A, see section 49D.

Firearms Act 1997 6 purchase means to do or cause or allow to be done any of the following, whether or not for valuable consideration: (a) purchase by wholesale, retail, auction or tender; (b) obtain by barter or exchange; (c) receive by transfer, exchange, assignment or settlement. register means the register required to be kept under section 7. registered means registered under this Act. registered external order means an external order, as defined in section 4 of the Domestic and Family Violence Act 2007, that is registered under Part 3.2 of that Act. representative for: (a) a firearms dealer licence, firearms corporate licence, firearms museum licence or firearms club licence – means the person nominated under section 9(3A)(a), (4)(a), (5)(a) or (6)(a); or (ab) an ammunition retail permit – means the person nominated under section 32(4); or (b) a paintball operator licence or permit – see section 9(9)(b)(i) or 32(3)(b)(i); and includes the person for whom a notice is given under section 91A. reviewable decision: (a) for Part 8A – see section 49L(1); or (b) otherwise – see section 50(1). sale means to do or cause or allow to be done any of the following, whether for profit, valuable consideration or otherwise: (a) sell by wholesale, retail, auction or tender; (b) dispose of by barter, transfer, exchange, assignment or settlement; (c) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale; (d) conduct negotiations for sale.

Firearms Act 1997 7 shooting member, of an approved firearms club, means a full member of the firearms club who has completed any period of probation as a member and does not include a person who is a social or associate member (however called) of the club. shooting range means an area of land established or reserved primarily for the purpose of discharging firearms. silencer means: (a) a device capable of being used to suppress the noise of the discharge of a firearm; and (b) a device mentioned in paragraph (a) that, for the time being, does not suppress the noise of the discharge of a firearm because of the absence or defect of a part of the device but would, if the part were replaced, renewed or repaired, suppress the noise of the discharge of a firearm. specially accredited discipline means a category H sports shooting discipline that is prescribed as a discipline for which a category H firearm with a calibre greater than .38" but not greater than .45" may be used. starting pistol means a device that is used or designed to control the start of an event at a sporting fixture that is not capable of discharging shot, a bullet or other missile. student of arms, see section 35C(2). working day means a day that is not a Saturday, Sunday or public holiday. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (1A) For the definition of firearm in subsection (1), a part of a device means: (a) a rifle or shotgun action; or (b) a pistol or revolver frame. (2) A reference in this Act to: (a) a category A firearm is to a firearm of a type specified in Schedule 2; and

Firearms Act 1997 8 (b) a category B firearm is to a firearm of a type specified in Schedule 3; and (c) a category C firearm is to a firearm of a type specified in Schedule 4; and (d) a category D firearm is to a firearm of a type specified in Schedule 5; and (e) a category H firearm is to a firearm of a type specified in Schedule 6. (3) For this Act, a person deals in firearms if the person buys, sells, exchanges or hires out firearms in the course of his or her business. (3A) For this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence or paintball operator licence or permit if the person: (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right, on behalf of any other person or for the benefit of any other person), in the business of the applicant or holder and, by virtue of that interest or power, is or will be able to exercise a significant influence over, or with respect to, the conduct or control of that business; or (b) holds or will hold any relevant position (whether in his or her own right, on behalf of any other person or for the benefit of any other person) in the business of the applicant or holder. (3B) In subsection (3A): relevant financial interest, in a business, means: (a) any interest in or entitlement to the capital or assets of the business, including any interest or entitlement where the business is carried on under a trust; or (b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise. relevant position, in a business, means a position whose holder participates in or is entitled to participate in the management of the business (whether in the capacity of a director, manager, secretary, partner or in any other capacity).

Firearms Act 1997 9 relevant power, in a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others: (a) to participate in any managerial or executive decision about the business; or (b) to elect or appoint any person to any relevant position in the business. (4) For this Act, a firearm is sold when the possession of the firearm passes from the person who sells the firearm (or if the firearm is sold by the holder of a firearms dealer licence, from an employee of the holder) to another person.

Exemptions

4 Exemptions (1) This Act does not apply to or in relation to: (a) a person who is a member of the Defence Force mentioned in Part 3, Division 1 of the Defence Act 1903 (Cth) who is using a firearm that is the property of the Force for purposes concerned with the Force; or (b) an explosive-powered tool or compressed air nailing tool; or (d) a spear-gun; or (e) a pistol designed to be used for life-saving, rescuing or distress signal purposes; or (f) a firearm or a type of firearm mentioned in a notice under section 8(1)(b). (2) This Act does not apply to or in relation to a starting pistol that is the property of a sporting association or body if: (a) the association or body is affiliated with the governing body for its sport in the Territory; and (b) the starting pistol is used at sporting fixtures organised and controlled by the sporting association or body; and (c) the starting pistol is in the possession of an adult when at or being transported to or from the sporting fixture; and (d) the starting pistol is stored in accordance with the storage requirements under this Act.

Firearms Act 1997 10 (3) Parts 3 and 5 and sections 58, 59 and 69 do not apply to or in relation to a person who is a common carrier in respect of the person's possession of a firearm or ammunition that: (a) is not the person's property; and (b) forms part of a consignment of goods in the person's possession as a common carrier. (4) Part 3 and sections 46, 58, 59, 66, 77, 78, 79, 80, 82 and 83 do not apply to or in relation to: (a) a police officer; or (b) a member of the Australian Federal Police; or (c) a member of a police force of a State or another Territory; or (d) an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth); or (e) a member of the Australian Protective Service; or (f) a correctional officer (as defined in section 4 of the Correctional Services Act 2014); in respect of his or her possession or use of a firearm in the course of his or her duty as a member or officer. (4A) Section 69 does not apply to a person specified in subsection (4) in respect of the person's possession of ammunition in the course of the person's duty as an officer or member. (5) Sections 78 and 79 do not apply to or in relation to a person who is: (a) a public sector employee; or (b) an APS employee as defined in section 7 of the Public Service Act 1999 (Cth); in respect of the person's possession or use, in the course of his or her duty as such an employee, of a firearm the property of the Territory or the Commonwealth.

Firearms Act 1997 11 (6) The Commissioner may, by written notice, declare that such provisions of this Act as the Commissioner thinks fit and specifies in the notice do not apply, or apply in accordance with such conditions as are specified in the notice: (a) to certain persons in relation to their activities at an approved paintball range, shooting gallery, amusement parlour or similar place; or (b) in relation to firearms amnesties generally or periods specified in the notice as amnesty periods; and those provisions do not apply or apply only subject to those conditions.

Application of Criminal Code

4A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against section 49P, 49Q, 49R, 49S, 49T or 49Y(2). Note for section 4A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Delegation

5 Delegation (1) The Commissioner may, in writing, delegate to a police officer or public sector employee any of the Commissioner's powers and functions under this Act, other than: (a) the forming of the necessary opinion for the purposes of section 10(8A), 33(3A) or 40A(1); or (b) this power of delegation; or (c) the power to make a firearm prohibition order under section 49E. (2) The Commissioner may, in writing, delegate to a police officer with the rank of superintendent or higher the Commissioner's power to make a firearm prohibition order under section 49E. 6 Fees (1) The Minister may, by Gazette notice, determine the fees payable under this Act.

Firearms Act 1997 12 (2) The Commissioner may waive or reduce a determined fee in relation to a matter or thing or a class of matters or things.

Register

7 Register (1) The Commissioner is to cause to be kept a register containing a record of those particulars that the Commissioner determines of: (a) all registered firearms; and (b) all licences and permits. (2) The register may be kept: (a) in a form or combination of forms; and (b) on a medium or combination of mediums; and (c) in a manner; that the Commissioner thinks fit and, for paragraph (b), a medium includes but is not limited to any of the following: (d) a computer; (e) micro film; (f) paper. (3) The register is to be maintained in a form that: (a) enables it to be linked to the Australian Crime Commission; and (b) enables a firearm authority of a State or another Territory to have access to information in the register. (4) A document certified by the Commissioner to be an extract from, or copy of, an entry in the register must be received in all courts and on all occasions as evidence and is taken to be sufficient proof of the particulars contained in that entry without requiring the production of the register from which the extract or copy was taken.

Declarations by Commissioner

8 Declarations by Commissioner (1) The Commissioner may, by Gazette notice, declare: (a) a firearm or a type of firearm to be a firearm of a particular category of firearm; or

Firearms Act 1997 13 (b) a firearm or a type of firearm to be a firearm that is exempt from the operation of this Act. (2) A notice under subsection (1) may specify a firearm or type of firearm by reference to particulars of the firearm or type of firearm that may include the calibre, mechanism, manufacturer, magazine capacity, fixture attached to a firearm or other particulars by which a firearm or a type of firearm may be identified. (3) The Commissioner may, on application by a person in possession of a firearm and after examination of the firearm, by written notice, certify that the firearm is permanently incapable of use as a firearm. (4) A reference in this Act to a category of firearm includes a firearm or type of firearm in respect of which a declaration is made under subsection (1)(a).

Application for licence

9 Application for licence (1) An application for a licence is to be: (2) An applicant for a licence is: (a) if the applicant is an individual – to be at least 18 years of age unless the licence applied for is a firearms club junior licence; and (b) to provide proof of the applicant's identity in accordance with the requirements under the Financial Transaction Reports Act 1988 (Cth) that apply in respect of the opening of a bank account; and (c) to provide such other particulars or documents as the Commissioner requires. (3) A person cannot apply for a licence if the person is prohibited from applying for or holding a licence to own or possess a firearm: (a) under this or any other Act; or

Firearms Act 1997 14 (b) under an Act of the Commonwealth, a State or another Territory; or (c) by an order or direction of a court (whether made or given in the Territory or elsewhere). (3A) An application for a firearms dealer licence must specify the (a) the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the licence in respect of activities conducted under the licence; (b) the name and address of each person who is a close associate of the applicant; (c) particulars of the nature of the person's association with the applicant; (d) the name and address of each person who will: (i) be responsible for the security of firearms possessed (ii) have direct access to firearms possessed under the (4) An application for a firearms corporate licence is to contain: (a) the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the licence in respect of activities conducted under the licence; and (b) the name and address of each person who will: (i) be responsible for the security of firearms possessed (ii) have direct access to firearms possessed under the (iii) have control over issuing firearms possessed under the licence to employees of the holder of the licence. (5) An application for a firearms museum licence is to contain: (a) the name of the person who will be the representative of the holder of the licence in respect of activities conducted under the licence; and

Firearms Act 1997 15 (b) the name and address of each person who: (i) will be responsible for the security of firearms possessed (ii) will have direct access to firearms possessed under the (6) An application for a firearms club licence is to contain: (a) the name of the person (who must be a member of the governing body or committee of the firearms club) who will be the representative of the holder of the licence in respect of activities conducted under the licence; and (b) the names and addresses of persons who will be responsible for the security of the firearms stored at premises occupied by the firearms club. (8) Only a body corporate may apply for a paintball operator licence. (9) An application for a paintball operator licence must: (a) describe the applicant's proposed business; and (b) specify the names and addresses of the following persons: (i) the person who will be primarily responsible for the control and management of the business (the representative); (ii) prospective paintball employees of the business; and (ba) specify the name and address of each person who is a close associate of the applicant; and (bb) specify particulars of the nature of the person's association with the applicant; and (c) be accompanied by evidence that the applicant has public liability insurance for the amount prescribed by regulation.

General restrictions on grant of licence

10 General restrictions on grant of licence (1) The Commissioner, on receiving an application for a licence, may grant or refuse to grant the licence. (2) Subject to subsection (5), the Commissioner is not to grant a shooter's licence or a firearms club junior licence until 28 days after the day on which the application is made.

Firearms Act 1997 16 (2A) The Commissioner must not grant a licence to a person who has been found guilty of an offence against this Act or the Weapons Control Act 2001 or in which a firearm was involved unless: (a) if a pecuniary penalty only was imposed in relation to the offence – 2 years have elapsed since the person was found guilty of the offence; or (b) if one the following orders was made in relation to the offence – 2 years have elapsed since the person was found guilty of the offence: (i) an order under section 10 of the Sentencing Act 1995; (ii) a community correction order under the Sentencing Act 1995 without recording a conviction; (iii) an order under section 11 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; (iv) an order under the Criminal Law (Conditional Release of Offenders) Act 1971 as in force before the commencement of section 129 of the Sentencing Act 1995; (v) an order under a provision of a law in the jurisdiction in which the offence was committed that, in the opinion of the Commissioner, has a similar effect to an order in subparagraph (i) to (iv); or (c) if a custodial sentence was imposed in relation to the offence – 5 years have elapsed since the person was found guilty of the offence or was released from custody, whichever is later. (2B) The Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant has failed to supply material information or has supplied information that is false or misleading. (3) Subject to subsections (6) and (6A), the Commissioner must not grant a licence unless satisfied the applicant or, for an application for a paintball operator licence, the representative: (a) is at least 18 years of age unless the licence applied for is a firearms club junior licence; and (b) is a fit and proper person; and

Firearms Act 1997 17 (c) has completed an approved firearms training and safety course; and (d) is able to meet the storage and safety requirements under this (e) resides in the Territory or is about to become a resident of the Territory; and (f) has not, within the period of 10 years before the application for the licence was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and (fa) has not, within the period of 5 years before the application for the licence was made, been found guilty in the Territory or elsewhere of an offence of violence; and (g) does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the licence was made, had a final domestic violence order in force against him or her; and (ga) does not have a personal violence restraining order in force against him or her; and (h) is not subject to an order, made in the Territory or elsewhere, to keep the peace. (4) Without limiting subsection (3)(b), the Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant or representative may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's or representative's way of living or domestic circumstances; or (b) any attempts by the applicant or representative to commit suicide or cause a self-inflicted injury; or (c) the applicant's or representative's intemperate habits or being of unsound mind. (5) The Commissioner may grant a shooter's licence before the expiration of the period mentioned in subsection (2) if the applicant was, at the time of making the application, the holder of a shooter's licence and the prescribed checks have been completed.

Firearms Act 1997 18 (6) Subsection (3)(c) does not apply to: (a) an applicant who is already the holder of a licence when the application is made; or (b) an application for a paintball operator licence. (6A) Subsection (3)(d) does not apply to an application for a paintball operator licence. (6B) Subsection (3)(e) does not apply in relation to an application for a firearms instructor licence or firearms employee licence. (7) Except in the case of a firearms dealer licence, firearms museum licence, firearms club licence, firearms corporate licence or paintball operator licence, a licence may only be granted to an individual. (8) The Commissioner may refuse to grant a licence if the Commissioner considers that the grant of the licence would be contrary to the public interest. (8A) The Commissioner must refuse to grant a licence if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that: (a) the applicant or representative is a risk to public safety; and (b) the grant of the licence would be contrary to the public interest. (8B) The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a licence on the grounds mentioned in subsection (8A). (9) The Regulations may provide other mandatory or discretionary grounds for refusing to grant a licence. 10AA Restriction on grant of category H sports shooter's licence The Commissioner must not grant a category H sports shooter's licence unless the application is accompanied by an endorsement from an approved firearms club to the effect that: (a) the applicant is a member of the club; and

Firearms Act 1997 19 (b) the applicant has provided the club with: (i) details of the applicant's membership of any other firearms clubs and the firearms owned by the applicant; and (ii) at least 2 character references from persons who have known the applicant for at least 2 years; and (c) the club supports the application. 10AB Restriction on grant of firearms dealer licence The Commissioner must not grant a firearms dealer licence if the Commissioner: (a) is of the view that a person who (in the opinion of the Commissioner) is or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a firearms dealer licence; or (b) is not satisfied that the applicant will be the person primarily responsible for the control and management of the business to be carried on under the authority of the licence. Note for section 10AB Section 10A sets out other restrictions on the grant of a firearms dealer licence. 10AC Restriction on grant of firearms collector licence The Commissioner must not grant a firearms collector licence unless: (a) the Commissioner is satisfied that the applicant is a genuine historical collector of firearms; and (b) the applicant is a member of an approved historical firearms collector's society and the society has endorsed the application for the licence; and (c) the applicant can demonstrate that he or she can comply with the prescribed requirements for storage and safe keeping of firearms held under the licence.

Firearms Act 1997 20 10AD Restriction on grant of paintball operator licence The Commissioner must not grant a paintball operator licence unless: (a) the Commissioner is satisfied each person who is or will be a close associate of the applicant is a fit and proper person to be a close associate of the holder of a paintball operator (b) the Commissioner is satisfied the applicant is able to meet the storage and safety requirements under this Act; and (c) the premises are approved under section 49A. 10A General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence The Commissioner may refuse to grant a firearms dealer licence firearms corporate licence, firearms museum licence or firearms club licence if, in respect of the particular application: (a) the representative does not hold a licence; or (b) the Commissioner is not satisfied the representative would be granted a licence under section 10 if he or she were to apply for a licence.

Genuine reason for licence

11 Genuine reason for licence (1) The Commissioner is not to grant a licence: (a) unless satisfied that the applicant has a genuine reason for possessing or using firearms; and (b) in respect of a category C firearm, category D firearm or category H firearm, unless satisfied that the applicant has a genuine need for possessing or using firearms of that category; and (c) unless satisfied that the applicant meets the requirements under this Act in respect of that reason or need. (2) The genuine reasons for possessing or using firearms are any of (a) sports shooting; (b) recreational shooting or hunting;

Firearms Act 1997 21 (c) primary production; (d) vertebrate pest animal control; (e) business or employment; (f) occupational requirements; (g) animal protection; (h) firearms collection; (j) museum display; (k) inheritance; (m) instruction in firearms use and safety; (n) paintball operator or employee. (3) The Regulations may provide that the genuine reasons for possessing or using a specified category of firearm are limited to only one or some of the reasons specified in subsection (2).

Form of licence

12 Form of licence A licence is to contain: (a) the prescribed particulars; and (b) if the holder is an individual – a recent photograph of the holder obtained in accordance with the approved arrangements.

General conditions of licence

13 General conditions of licence (1) A licence is subject to the conditions that the holder: (a) must comply with the relevant safe keeping and storage requirements under this Act; and (b) must not permit any other person to possess or use a firearm in the holder's possession if that other person is not authorised to possess or use the firearm; and (c) must permit a police officer to inspect, at any reasonable time, the holder's facilities for the storage and safe keeping of the firearms in the holder's possession; and

Firearms Act 1997 22 (d) must not possess, at any one time, an amount of ammunition that exceeds the amount authorised in writing by the (2) In addition to subsection (1), a licence is subject to: (aa) any other conditions imposed under this Act; and (a) the conditions that are prescribed; and (b) the conditions specified by the Commissioner. (3) A licence is not transferable.

Period of licence

14 Period of licence (1) Subject to this Act: (a) a shooter's licence that authorises the possession or use of: (i) category A or category B firearms remains in force for 10 years; and (ii) category C firearms remains in force for 5 years; and (iii) category D firearms remains in force for 5 years or a shorter period as determined by the Commissioner and specified in the licence; and (iv) category H firearms remains in force for 5 years; and (b) a firearms club junior licence remains in force until the holder attains the age of 18 years; and (c) a firearms armourer licence, firearms dealer licence and firearms corporate licence remains in force for 5 years; and (e) a firearms collector licence remains in force for 10 years; and (ea) an antique firearms collector licence remains in force for the life of the licence holder; and (f) a firearms club licence remains in force for 5 years; and (g) a firearms instructor licence remains in force for 5 years; and (ga) a firearms employee licence remains in force for 5 years or the shorter period specified in the licence; and (h) a paintball operator licence remains in force for 5 years ;and

Firearms Act 1997 23 (i) a paintball employee licence remains in force for 5 years or the shorter period specified in the licence. (1A) If a person holds a shooter's licence that authorises the possession or use of more than one category of firearm, the shooter's licence remains in force for the shortest period prescribed under subsection (1) in respect of the categories of firearm to which the licence relates. (2) Subject to this Act, a licence expires 3 months after the holder ceases to reside permanently in the Territory. (3) A licence is not renewable and a fresh application must be made for the grant of a new licence as required.

Div 3

Shooter's licence

Division 3 Shooter's licence

Shooter's licence

15 Shooter's licence A shooter's licence authorises the holder to possess and use only firearms of a category specified in the licence.

15A

Category H sports shooter's licence

15A Category H sports shooter's licence (1) A category H sports shooter's licence authorises the holder to possess only prescribed category H firearms. (2) The holder of a category H sports shooter's licence is authorised to use a firearm under the licence only at an approved firearms club.

15B

Procedure for obtaining licence

15B Procedure for obtaining licence (1) A person who wishes to obtain a category H sports shooter's licence must be (or become) a shooting member of an approved firearms club. (2) A person may apply for a category H sports shooter's licence if the person: (a) is a shooting member of an approved firearms club; and (b) has satisfactorily completed an approved firearm safety training course; and (c) holds, and has held for at least 3 months, a permit to use category H firearms under supervision for sports shooting.

Firearms Act 1997 24 (3) Subsection (2)(c) does not apply in relation to a person who, at the time of applying for a category H sports shooter's licence, is the holder of: (a) a category H sports shooter's licence; or genuine reason of sports shooting; or (c) a corresponding licence.

15C

Conditions of licence

15C Conditions of licence A category H sports shooter's licence is subject to the following conditions: (a) the only firearms that can be registered under the licence are prescribed firearms; (b) the holder of the licence must be a member of an approved firearms club; (c) the holder of the licence can use firearms under the licence only at an approved firearms club; (d) the holder of the licence must participate in category H sports shooting events at the prescribed participation rate or satisfy the Commissioner as to the reason the holder was unable to participate at that rate.

Firearms dealer licence

16 Firearms dealer licence A firearms dealer licence authorises the holder to possess, use and deal in only firearms of a category specified in the licence.

16A

Information about close associates of firearms dealers

16A Information about close associates of firearms dealers (2) If the holder of a firearms dealer licence becomes aware that the close associates of the holder have changed since the submission to the Commissioner of the holder's most recent application for a licence or most recent declaration under this section, the holder must submit to the Commissioner within 7 days of this subsection coming into operation or of the change to the close associates (whichever is the later) a declaration: (a) notifying the Commissioner in writing of that fact; and

Firearms Act 1997 25 (b) setting out the name and address of each person who is a close associate of the holder and particulars of the nature of the person's association with the holder. (3) The Commissioner may, by written notice served on the holder of a firearms dealer licence, require the holder to submit to the Commissioner within the time specified in the notice and in the approved form: (a) a declaration to the effect that: (i) the holder (and no other person) is the person primarily responsible for the control and management of the firearms dealing business that is carried on under the (ii) another person or other persons (whether instead of or in addition to the holder) are primarily responsible for the control and management of that business; and (b) a declaration: (i) to the effect that the close associates of the holder have not changed since the submission to the Commissioner of the holder's most recent application for a licence or most recent declaration under this section; or (ii) setting out the name and address of each person who is a close associate of the holder and particulars of the nature of the person's association with the holder. (4) A person must not: (a) fail to make a declaration as required by this section; or (b) in a declaration under this section, make a statement or provide information that the person knows is false or misleading in a material particular. Maximum penalty: If the offender is an individual – 200 penalty 1 000 penalty units.

Firearms Act 1997 26

16B

Possession of firearms held under firearms dealer licence

16B Possession of firearms held under firearms dealer licence The holder of a firearms dealer licence must not permit a person to possess a firearm held under the licence unless: (a) the person is an employee of the holder and holds a firearms employee licence and the firearm is in the possession of the person for a purpose relating to the person's duties as an employee; or (b) the person is a prospective purchaser of the firearm and is under the immediate and continuous supervision of an employee of the holder.

Security measures required by dealer

17 Security measures required by dealer (1) The holder of a firearms dealer licence must ensure that all firearms possessed under the licence are stored in accordance with: (2) Subsection (1) does not apply to or in relation to a firearm: (a) in the actual possession; or (b) being displayed to a person under the immediate and continuous supervision; of the holder of the firearms dealer licence or an employee of the holder in the normal course of business of the holder. (3) The holder of a firearms dealer licence or a firearms employee licence may, in the normal course of the business of the holder of the firearms dealer licence, remove a firearm from the premises used by the holder under the licence: (a) to demonstrate the firearm to, for or on behalf of a prospective purchaser; or (b) to test the firearm.

Firearms Act 1997 27

Records and returns to be kept by dealers

18 Records and returns to be kept by dealers (1) The holder of a firearms dealer licence must keep and maintain a register containing the prescribed particulars of all firearms and firearm parts possessed under the licence. (2) The holder of a firearms dealer licence must, not later than 24 hours after a sale or purchase of a firearm or firearm part by the holder or an employee of the holder, record in the holder's register the prescribed particulars of the firearm or firearm part and the prescribed details of the sale or purchase. (3) The holder of a firearms dealer licence must, not later than 7 days after a transaction involving the sale, purchase or storage of a firearm or firearm part, give the Commissioner a record of the transaction in the approved form. (4) The holder of a firearms dealer licence must, on demand by a police officer: (a) produce a record required to be kept under this section to the officer and permit the officer to inspect and make copies of any entries in it; and (b) provide to the officer any information in the holder's possession with respect to any firearm or firearm part that has been purchased or received under the authority of the firearms dealer licence, or that the person has in his or her possession or has sold or otherwise transferred under the authority of the (5) A person must not alter an entry in a record required to be kept under this section other than by interlineation or striking out that does not make the entry illegible. (6) The holder of a firearms dealer licence must, not later than 24 hours after becoming aware of the loss, theft or destruction of a firearm or firearm part that was in the possession of the holder, notify the Commissioner of the loss, theft or destruction in the approved form. (7) The holder of a firearms dealer licence must ensure that a record required by this Act to be kept by the holder is kept in a place of safe keeping. (8) The holder of a firearms dealer licence must, if written notice is served on the holder by the Commissioner, provide to the Commissioner, not later than the time specified in the notice and in the form provided by the Commissioner, the particulars relating to the purchase, receipt, sale or possession by the holder of any

Firearms Act 1997 28 firearms or firearm parts as are required by the notice.

Production of firearms

19 Production of firearms (1) A police officer may require the holder of a firearms dealer licence or an employee of the holder to produce a firearm that is in the person's possession. (2) The person must comply with the requirement. (3) On production of a firearm, the police officer may inspect and test it.

Interstate transactions between dealers

21 Interstate transactions between dealers Despite anything to the contrary in this Act, the holder of a firearms dealer licence is, for the purposes of a transaction between the holder and the holder of a corresponding licence, authorised to buy a firearm from the holder of that corresponding licence.

Firearms armourer licence

22 Firearms armourer licence (1) A firearms armourer licence authorises the holder to possess, use, repair, manufacture, modify, service and store only firearms of a category specified in the licence. (2) The holder of a firearms armourer licence, or a partner or an employee of the holder, with the authority of the holder, may, in the normal course of the business of the holder, remove a firearm from premises used by the holder under the licence to test it. (3) The holder of a firearms armourer licence must ensure that all firearms possessed under the licence are stored in accordance with:

Firearms Act 1997 29 (4) Subsection (3) does not apply to or in relation to a firearm in the actual possession of the holder, or a partner or an employee of the holder, in the normal course of the business of the holder.

22A

Records to be kept by firearms armourer

22A Records to be kept by firearms armourer (1) The holder of a firearms armourer licence is to record in the approved form the particulars of: (a) each firearm that has come into the holder's possession under the licence; and (b) each firearm that is no longer in the holder's possession. (2) A record required to be kept under subsection (1) must be made within 24 hours after a firearm comes into, or is no longer in, the possession of the holder of the firearms armourer licence. (3) The holder of a firearms armourer licence must provide to the Commissioner a copy of a record required to be kept under subsection (1) not later than 7 days after the end of March, June, September and December in each year. (4) A holder of a firearms armourer licence who fails to comply with this section commits an offence.

Production of firearms and records

23 Production of firearms and records (1) A police officer may require the holder of a firearms armourer licence, or a partner or employee of the holder, to produce a firearm in his or her possession or a record required to be kept under this Act. (2) A police officer may: (a) examine a record mentioned in subsection (1); and (b) make copies of, or take extracts from, the record; and (c) retain the record for such reasonable period as the officer thinks fit.

Firearms Act 1997 30

Firearms collector licence

24 Firearms collector licence (1) A firearms collector licence authorises the holder to possess and display only firearms of a category specified in the licence. (1A) A firearms collector licence that authorises the possession of category H firearms does not authorise the holder of the licence to possess category H firearms that were manufactured after

December 1946 unless the holder is a student of arms.

31 December 1946 unless the holder is a student of arms. (2) The holder of a firearms collector licence must ensure that all firearms possessed under the licence are stored in accordance with: (3) On the request of a police officer, the holder of a firearms collector licence must allow the officer to: (a) inspect all firearms in the holder's possession under the (b) inspect the premises and the receptacles in which the firearms are kept.

Use of firearm under firearms collector licence

25 Use of firearm under firearms collector licence (1) The holder of a firearms collector licence must not use, or carry for the purpose of using, a firearm to which the licence relates unless he or she does so in accordance with a permit. (2) The Commissioner is, by notice served on the holder of a firearms collector licence, to revoke the licence where the holder is found guilty of an offence against subsection (1).

Firearms Act 1997 31

Div 6A

Antique firearms collector licence

Division 6A Antique firearms collector licence

25A

Antique firearms collector licence

25A Antique firearms collector licence (1) An antique firearms collector licence authorises the holder to possess and display only firearms: (a) of a category specified in the licence; and (b) that were manufactured before 1 January 1900. (2) The holder of an antique firearms collector licence must ensure that all firearms in the holder's possession under the licence are stored in accordance with:

Firearms corporate licence

26 Firearms corporate licence (1) A firearms corporate licence authorises the holder to possess only firearms of a category specified in the licence. (2) The holder of a firearms corporate licence must not permit a person to possess or use a firearm held under the licence unless the person: (a) is the holder of a firearms employee licence, is an employee of the holder of the corporate licence, and the firearm is in the possession of the person for a purpose relating to his or her duties as an employee; or (b) is the holder of a firearms instructor licence, is an employee or is otherwise engaged by the holder of the corporate licence in the capacity of an instructor, and the firearm is in the possession of the person for a purpose relating to his or her duties as an employee or instructor; or

Firearms Act 1997 32 (c) holds a relevant permit to possess and use a firearm of the type possessed under the corporate licence and the possession and use is in accordance with the conditions applying to the corporate licence. Maximum penalty: If the offender is an individual – 200 penalty 1 000 penalty units.

Div 9

Firearms club junior licence

Division 9 Firearms club junior licence

Firearms club junior licence

28 Firearms club junior licence A firearms club junior licence authorises the holder to possess and use only firearms of a category specified in the licence and only: (a) when under the personal supervision of the holder of a licence who is authorised to possess or use firearms of the same category; and (b) for the purpose of receiving instruction in the safe use of firearms at an approved shooting range or competing in an approved event.

Firearms museum licence

29 Firearms museum licence A firearms museum licence authorises the holder to exhibit and show only firearms of a category specified in the licence.

29A

Possession of firearms held under firearms museum licence

29A Possession of firearms held under firearms museum licence The holder of a firearms museum licence must not permit a person to possess a firearm held under the licence unless: (a) the person is: (i) the holder of a firearms employee licence; and (ii) an employee of the holder of the firearms museum (b) the firearm is in the possession of the person for a purpose relating to the person's duties as an employee.

Firearms Act 1997 33

Div 11

Firearms heirloom licence

Division 11 Firearms heirloom licence

Firearms heirloom licence

30 Firearms heirloom licence A firearms heirloom licence authorises the holder to possess only a firearm, or firearms of a matched pair or set, specified in the

30A

Firearms club licence

30A Firearms club licence (1) A firearms club licence authorises: (a) the holder of the licence; and (b) the members of the firearms club; and (c) persons permitted by the firearms club to be on premises occupied by it and approved under section 49(2); to possess and use firearms of a category specified in the licence for sports shooting or training purposes. (2) If a firearms club is licensed to use category H firearms, the club is authorised under the licence to conduct category H sports shooting events only if: (a) the category H sports shooting event is for a prescribed shooting discipline; and (b) the club is affiliated with the appropriate national or international body that administers the particular shooting discipline.

30B

Records to be kept by firearms clubs

30B Records to be kept by firearms clubs (1) The holder of a firearms club licence must keep and maintain records containing: (a) the names and addresses of all present and past members for the firearms club; and (b) the financial status of members; and (c) for each member – particulars of competition shooting and events organised or co-ordinated by the firearms club that the member has participated including the date of the competition or event and the time when the member commenced and finished competing; and

Firearms Act 1997 34 (d) the names of range officers and other persons responsible for conducting competition shooting and events organised or co-ordinated by the firearms club and the dates and times when they were responsible for conducting a competition or event. (2) The holder of a firearms club licence must, on demand by a police officer, produce to the officer a record required to be kept under subsection (1). (3) A police officer may: (a) examine a record kept under subsection (1); and (b) make copies of, or take extracts from, the record; and (c) retain the record for any reasonable period that the officer thinks fit. (4) The holder of a firearms club licence must provide to the Commissioner within 3 months after the end of each financial year an annual report in the approved form giving the following details: (a) the name and address of each person who was a member of the firearms club during the year and whether or not the member was a financial member; (b) particulars of category H firearms held by each of those members; (c) particulars of participation in category H sports shooting events during the year by each of those members (if applicable), including the dates of the events. Maximum penalty: 100 penalty units.

30C

Firearms instructor licence

30C Firearms instructor licence A firearms instructor licence authorises the holder to possess and use firearms of a category specified in the licence for the purpose of conducting approved firearms training and safety courses.

Firearms Act 1997 35

Div 13A

Firearms employee licence

Division 13A Firearms employee licence 30CA Firearms employee licence (1) A firearms employee licence held by a person who is employed by the holder of a firearms dealer licence or firearms museum licence authorises the person to do anything that the person's employer is authorised to do under the employer's licence but only: (a) in relation to firearms of a category specified in the firearms employee licence that are possessed by the person's employer; and (b) for a purpose relating to the person's duties as an employee. (2) A firearms employee licence held by a person who is employed by the holder of a firearms corporate licence authorises the person to possess and use firearms but only: (a) firearms of a category specified in the firearms employee licence that are possessed by the person's employer; and (b) for a purpose relating to the person's duties as an employee. (3) If the holder of a firearms employee licence ceases to be employed by the holder of the firearms dealer licence, firearms corporate licence or firearms museum licence specified in the firearms employee licence, the firearms employee licence immediately expires.

Subdiv 1

Paintball operator licences

Subdivision 1 Paintball operator licences

30D

Effect of licence

30D Effect of licence A paintball operator licence authorises the holder, and the representative, to possess and use paintball firearms and pellets for carrying on the business of paintball operator at the paintball range specified in the licence.

30E

Effect of licence

30E Effect of licence A paintball employee licence authorises the holder to possess and use paintball firearms and pellets for purposes relating to the performance of the employee's duties as an employee of the approved paintball operator specified in the licence at the operator's

Firearms Act 1997 36 approved paintball range.

30F

Licence expires if holder ceases to be employee

30F Licence expires if holder ceases to be employee If the holder of a paintball employee licence ceases to be employed by the approved paintball operator specified in the licence, the licence immediately expires.

30G

Disclosure of information by Commissioner to approved

30G Disclosure of information by Commissioner to approved paintball operator (1) The Commissioner may give an approved paintball operator information held by the Commissioner about a paintball employee, or prospective paintball employee, of the operator (the relevant person). (2) The information given may only be information about: (a) an authority, or corresponding authority, of the relevant person that has been suspended or revoked within 5 years before the information is given; or (b) an application for an authority, or corresponding authority, by the relevant person that has been refused within 5 years before the information is given; or (c) whether the operator is prohibited from employing the relevant person, and if so, the reason and period of the prohibition. (3) If a paintball employee licence is suspended or revoked, the Commissioner must inform the approved paintball operator specified in the employee's licence. authority means a licence, permit or certificate of registration. 31 Grant of permits (1) The Commissioner may grant a permit for one or more of the following purposes: (a) to authorise a person to purchase, hire, lease or acquire a firearm; (b) to authorise the possession or use of a firearm by a person residing temporarily in the Territory;

Firearms Act 1997 37 (c) to authorise the use by the holder of a firearms collector licence of a firearm possessed under the licence; (d) to authorise the possession or use of firearms for film, theatrical productions or other artistic purposes; (e) to authorise the acquisition, sale or transfer of a firearm in such circumstances as may be prescribed; (f) to authorise the shortening or conversion of a firearm; (fa) to authorise the temporary possession or use of a firearm by the holder of a licence for a specified reason not covered by the holder's licence; (fb) to authorise a person to use under supervision a category H firearm for sports shooting at an approved firearms club; (fc) to authorise an approved firearms club to permit a person or class of persons to use under supervision a category H firearm for sports shooting at the firearms club; (fd) to authorise an approved paintball operator, and the representative, to possess and use paintball firearms and pellets for carrying on the operator's business specified in the permit at the temporary paintball range specified in the permit; (fe) to authorise the holder, and employees of the holder, to possess, purchase and sell only ammunition of a category specified in the permit; (g) to authorise anything else for which provision is made by the Regulations and required by the Regulations to be authorised by a permit. (2) The Commissioner must not grant a permit for the purpose specified in subsection (1)(fb) unless the application is accompanied by: (a) an endorsement from an approved firearms club to the effect that: (i) the applicant is a member of the club; and (ii) the applicant has provided the club with: (A) details of the applicant's membership of any other firearms clubs and the firearms owned by the applicant; and

Firearms Act 1997 38 (B) at least 2 character references from persons who have known the applicant for at least 2 years; and (iii) the club supports the application; and (b) an authority from the applicant authorising the Commissioner to disclose to the club the applicant's criminal history at any time while the permit is in force. (3) The Commissioner may grant a permit to authorise a person to do any or all of the things that may be authorised under a firearms armourer licence. (4) Part 3, Division 5 applies (with the necessary changes) to the holder of a permit under subsection (3) as if the person were the holder of a firearms armourer licence.

Application for permit

32 Application for permit (1) An application for a permit is to be: (2) Also, the applicant must give the Commissioner the further information requested by the Commissioner for considering the application. (3) In addition, an application for a permit to carry on the business of paintball operator at a temporary paintball range must: (a) describe the applicant's proposed business at the paintball range and the period for which the permit is required; and (b) specify the names and addresses of the following persons: (i) the person who will be primarily responsible for the control and management of the business (the representative); (ii) prospective paintball employees of the business; and (c) specify: (i) the name and address of each person who is a close associate of the applicant; and

Firearms Act 1997 39 (ii) particulars of the nature of the person's association with the applicant. (4) An application for an ammunition retail permit must, if the applicant is a body corporate, specify the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the permit in respect of activities conducted under the permit.

General restrictions on granting permits

33 General restrictions on granting permits (1) The Commissioner is not to grant a permit unless satisfied that the applicant: (a) is at least 18 years of age unless: (i) the applicant is the holder of a firearms club junior (ii) the permit is to use under supervision a category H firearm for sports shooting at an approved firearms club; and (b) is a fit and proper person; and (c) has not, within 10 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of a disqualifying offence; and (ca) has not, within 5 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of an offence of violence; and (cb) is able to meet the storage and safety requirements prescribed under this Act or approved by the Commissioner; and (d) does not have a final domestic violence order in force against him or her and has not, within 5 years before the application for the permit was made, had a final domestic violence order in force against him or her; and (da) does not have a personal violence restraining order in force against him or her; and (e) is not subject to an order, made in the Territory or elsewhere, to keep the peace; and

Firearms Act 1997 40 (f) if the applicant is the holder of a firearms junior club licence: (i) the applicant is at least 16 years of age and represents the Territory in competition shooting at national or international level; and (ii) the application is accompanied by a written endorsement from the governing body in the Territory for the disciplines in which the applicant shoots that the applicant is a representative of the Territory. (1A) The Commissioner is not to grant a permit if the applicant is prohibited from holding a licence to own or possess a firearm: (a) under this or any other Act; or (b) under an Act of the Commonwealth, a State or another Territory; or (c) by an order or direction of a court (whether made or given in the Territory or elsewhere). (2) Without limiting subsection (1), the Commissioner is not to grant a permit if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's way of living or domestic circumstances; or (b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury; or (c) the applicant's intemperate habits or being of unsound mind. (3) The Commissioner may refuse to grant a permit if the Commissioner considers that to grant the permit would be contrary to the public interest. (3A) The Commissioner must refuse to grant a permit if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that: (a) the applicant is a risk to public safety; and (b) the grant of the permit would be contrary to the public interest. (3B) The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a permit on the grounds mentioned in subsection (3A).

Firearms Act 1997 41 (3C) The Commissioner may refuse to grant an ammunition retail permit if, in respect of the particular application the Commissioner is not satisfied the representative would be granted a permit under this section if the representative were to apply for a permit. (4) The Regulations may provide other mandatory or discretionary grounds for refusing to grant a permit. (5) This section does not apply to an application for a paintball operator permit.

33A

Possession and use of firearms by international competitors

33A Possession and use of firearms by international competitors (1) An international competitor may possess or use a firearm for the sole purpose of competing in an approved shooting competition if he or she is the holder of: (a) a permit; or (b) a corresponding permit; that authorises the possession or use of the firearm for that purpose. (2) Despite section 33, the Commissioner may grant a permit to an international competitor for the sole purpose of competing in an approved shooting competition if: (a) the applicant provides the Commissioner with the prescribed information; and (b) the Commissioner is satisfied that the applicant is a fit and proper person to possess or use a firearm of the category to which the permit relates.

General provisions relating to permits

34 General provisions relating to permits (1) A permit is subject to: (a) the conditions that are prescribed; and (b) the conditions specified by the Commissioner. (2) A permit remains in force for the period determined by the Commissioner and specified in the permit. (3) The Commissioner may suspend or revoke a permit for any reason for which a licence may be suspended or revoked or that may be prescribed.

Firearms Act 1997 42 (4) The suspension or revocation of a permit takes effect when notice is served on the holder of the permit. (5) If a permit is suspended or revoked, the person to whom it was granted must immediately surrender it, and any firearm or ammunition in respect of which it was granted, to a police officer. (6) A police officer may seize a firearm or ammunition in respect of which a permit was granted if the permit is suspended or revoked. (7) Subject to this Act, a permit expires 3 months after the holder ceases to reside in the Territory.

Permits to purchase or acquire firearms

35 Permits to purchase or acquire firearms (1) The holder of a licence may apply to the Commissioner for a permit to purchase or acquire a firearm. (2) A separate permit to purchase or acquire a firearm is required for each firearm to be purchased or acquired. (3) The Commissioner: (a) is not to grant a permit to a person to purchase or acquire a firearm unless the person is the holder of a licence authorising the person to use or possess the firearm concerned; and (b) may refuse to grant a permit to purchase or acquire a firearm to a person who is the holder of a firearms club junior licence. (4) Subject to subsection (5), the Commissioner is not to grant to a person a permit to purchase or acquire a firearm until after the end of the period of 28 days after the day on which the application for the permit is made. (5) The Commissioner may grant a permit to a person to purchase or acquire a firearm before the expiration of the period mentioned in subsection (4) if the checks prescribed by regulation have been completed and: (a) the person: (i) holds a licence and owns a registered firearm; and (ii) has established a genuine need for owning the firearm to be purchased or acquired; or

Firearms Act 1997 43 (b) if the permit is for the purchase or acquisition of a category A firearm or category B firearm – the person: (i) holds a licence for the category of firearm to be purchased or acquired; and (ii) owns a registered firearm of the same category as the firearm to be purchased or acquired. (6) Unless revoked, a permit to purchase or acquire a firearm remains in force for the period specified in the permit or until the firearm to which the permit relates is purchased or acquired, whichever is the sooner.

35A

Permits for category H sports shooters

35A Permits for category H sports shooters (1) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to purchase or acquire a firearm unless the holder has, at all times during the 6 months before the application for the permit, held one or the other of the following: genuine reason of sports shooting. (2) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to acquire a firearm unless the permit is for a prescribed firearm. (3) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to acquire a firearm if the acquisition under the permit would result in the holder exceeding the limits on firearm ownership specified in section 35B. (4) The Commissioner may grant to the holder of a category H sports shooter's licence a permit to acquire a firearm only if the application for the permit is accompanied by an endorsement by an approved firearms club: (a) to the effect that: (i) the applicant is, and has been for more than 6 months, a shooting member of the firearms club; and (ii) the applicant has complied with the licence condition specified in section 15C(d); and (iii) the club supports the application for a permit; and

Firearms Act 1997 44 (b) giving details of the shooting disciplines the firearm to be purchased under the permit is to be used for at the club; and (c) confirming that the applicant has adequate storage facilities to cater for the firearm to be purchased under the permit; and (d) if the permit sought relates to a firearm with a calibre greater than .38", confirming that: (i) the firearm is intended for use in a specially accredited discipline; and (ii) the applicant is affiliated with the appropriate national or international body that administers the particular shooting discipline; and (e) providing any further particulars that the Commissioner requires.

35B

Limits on firearm ownership under category H sports shooter's

35B Limits on firearm ownership under category H sports shooter's (1) The holder of a category H sports shooter's licence who has, at all times during the preceding 6 months, held one or the other of the genuine reason of sports shooting; may hold only the following firearms under the licence: (c) one .22" calibre pistol or one centrefire pistol; (d) one .177" air pistol; (e) one black powder muzzle loading pistol or one cap and ball percussion fired revolver. (2) The holder of a category H sports shooter's licence who has, at all times during the preceding 12 months, held one or the other of the genuine reason of sports shooting;

Firearms Act 1997 45 may, in addition to the firearms permitted to be held under subsection (1), hold other firearms under the licence if the holder: (c) demonstrates a genuine need for the additional firearms, including by specifying the category H sports shooting discipline for which the firearms are required; and (d) has adequate storage facilities to cater for the additional firearms.

35C

Permits under firearms collector licence

35C Permits under firearms collector licence (1) The Commissioner must not grant a permit to the holder of a firearms collector licence for a firearm manufactured on or after 1 January 1947 unless: (a) the holder is a student of arms; and (b) the firearm for which the permit is sought fits within the theme of the holder's firearms collection and will enhance the collection's historical or commemorative value. (2) A student of arms is a person who: (a) is the holder of a firearms collector licence; and (b) is, and has been for at least 12 months, a member of an approved historical firearms collector's society and the society recognises the person to be a student of arms; and (c) can demonstrate regular attendance at meetings of the society and participation in displays held by the society; and (d) can demonstrate that the person's firearms collection has a thematic structure and historical or commemorative value; and (e) possesses a research library or contributes to the literature on the theme of the person's collection.

35D

Restriction on granting paintball operator permit

35D Restriction on granting paintball operator permit The Commissioner must not grant a paintball operator permit if the applicant would not be entitled to be granted a paintball operator licence to carry on the business of paintball operator at the paintball range for which the permit is sought.

Firearms Act 1997 46

Registration of firearms

36 Registration of firearms (1) An application to register a firearm is to be: (2) Subject to this section, the Commissioner is to register a firearm that is the subject of an application. (3) The Commissioner: (a) is not to register a firearm unless the applicant is the holder of a licence that permits the holder to possess firearms of the category of the firearm to be registered; and (b) may refuse to register a firearm if the applicant is the holder of a firearms club junior licence. (4) The Commissioner may refuse to register a firearm if it is not produced to a police officer for inspection. (5) The Commissioner registers a firearm by entering in the register particulars of the firearm and particulars relating to the person in whose name it is registered. (6) The Commissioner is to issue a certificate of registration to a person in whose name a firearm is registered where: (a) the firearm is registered in accordance with subsection (5); or (b) the Commissioner records in the register a change in the particulars relating to the person in whose name a firearm is registered.

Duration of registration

37 Duration of registration (1) A firearm ceases to be registered: (a) if the person in whose name it is registered dies or, for a firearm registered in the name of a corporation, the corporation is dissolved; or (b) if it is sold or otherwise disposed of; or (c) if it is lost or stolen; or

Firearms Act 1997 47 (d) if it is altered in a way: (i) that affects its safety or fitness for use; or (ii) that it becomes a firearm of a different category from the category specified in the certificate of registration relating to it. (2) Where a person was, immediately before his or her death, the holder of a certificate of registration for a firearm, the personal representative of the person is, for 28 days or any longer period that the Commissioner in writing allows, taken to be the holder of the certificate of registration for the purpose of disposing of the firearm in accordance with this Act. (3) A certificate of registration expires 3 months after the holder ceases to reside permanently in the Territory.

Part 6

Surrender or revocation of licences, permits

Part 6 Surrender or revocation of licences, permits and certificates of registration

Suspension of licence, permit or registration

38 Suspension of licence, permit or registration (1) The Commissioner may, if satisfied there may be grounds for revoking a licence, permit or certificate of registration, suspend the licence, permit or certificate by serving written notice on the holder. (2) A notice under subsection (1) is to: (a) state that the licence, permit or certificate is suspended and the reasons for suspending it; and (b) request the holder to provide the Commissioner with reasons why the licence, permit or certificate should not be revoked. (3) A licence, permit or certificate of registration is suspended for the period, not longer than 28 days, specified in the notice. (4) The holder of a licence, permit or certificate of registration suspended under this section is not authorised to possess or use a firearm of the category or the firearm, as the case may be, specified in the licence, permit or certificate during the period of the suspension.

Firearms Act 1997 48

Suspension on making of interim domestic violence order

39 Suspension on making of interim domestic violence order (1) A licence, permit or certificate of registration is automatically suspended on the making of an interim domestic violence order or interim personal violence restraining order against the holder and the suspension remains in force until the order is confirmed or revoked. (2) If a licence, permit or certificate of registration is automatically suspended by subsection (1), the person to whom it is granted must immediately: (a) surrender the suspended licence, permit or certificate of registration to a police officer; and (b) deliver a firearm in respect of which the licence, permit or certificate is granted to a member of the Police Force.

Revocation of licence, permit or registration

40 Revocation of licence, permit or registration (1) A licence, permit or a certificate of registration is automatically revoked: (a) on a final domestic violence order, a personal violence restraining order or an order to keep the peace being made against the holder; or (b) on the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act. (2) The Commissioner is, by written notice served on the holder of a licence or permit, to revoke the licence or permit if satisfied that the holder has failed to comply with a condition of the licence or permit that is prescribed for this subsection. (2A) The Commissioner must, by written notice served on the holder of a licence or permit, revoke the licence or permit if satisfied that the loss or theft of a firearm was due to the negligence or fraud of the holder. (3) The Commissioner may, by written notice served on the holder of a licence, permit or certificate of registration, revoke the licence, permit or certificate: (a) for any reason for which the holder would be required to be refused a licence or permit of the same kind or a certificate of registration; or

Firearms Act 1997 49 (b) if the holder supplied information that was false or misleading in a material particular in, or in connection with, the application for the licence, permit or certificate of registration; or (c) if the holder is found guilty of an offence against a law in force in the Territory, or an offence in a State or another Territory, (whether committed before or after the granting of the licence, permit or certificate) relating to a firearm or the possession or use of a firearm or any other offence that, in the opinion of the Commissioner, makes the holder not fit to possess or use a firearm or to hold a licence, permit of the kind held or a certificate; or (d) in the case of a licence or permit, if the holder contravenes a condition of the licence or permit; or (e) if the Commissioner is of the opinion that the holder is no longer a fit and proper person to hold the licence, permit or certificate; or (f) in the case of a firearms dealer licence, if: (i) the holder is not in charge of the premises used under the licence to carry on the business; or (ii) the holder no longer deals in firearms; or (iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or (g) in the case of a firearms armourer licence, if: (i) the holder is not in charge of the premises used under the licence to carry on the business; or (ii) the holder no longer repairs or stores firearms; or (iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or (h) in the case of a firearms collector licence, if: (i) the holder of the licence is no longer a bona fide collector of firearms or is not, or will no longer be, in charge of the premises where the firearms are usually kept; or (ii) the premises where the firearms are usually kept are no longer satisfactory for the storage or safe keeping of the firearms; or

Firearms Act 1997 50 (j) in the case of a firearms corporate licence, if: (i) the holder no longer has a good reason for employees to possess or use firearms; or (ii) the holder's premises are no longer satisfactory for the storage or safe keeping of firearms; or (k) in the case of a firearms employee licence, if the holder is no longer carrying out the duties in relation to which the licence was granted; or (l) in the case of a paintball operator licence or permit, if: (i) the holder is no longer entitled to use the approved paintball range; or (ii) the holder no longer carries on the business of paintball operator at the approved paintball range. (4) The revocation of a licence, permit or certificate of registration under subsection (2), (2A), or (3) takes effect when the notice is served on the holder or on a later date specified in the notice, irrespective of whether the holder applies to NTCAT under section 50 for review of the Commissioner's decision. (5) A person must, immediately after a notice under this section is served on him or her, or where in the notice the person is allowed time to sell or otherwise dispose of the firearm, not later than the time so allowed: (a) surrender the revoked licence, permit or certificate of registration to the Commissioner; and (b) subject to section 44, deliver a firearm in respect of which the licence, permit or certificate was granted to a police officer. (6) If a licence, permit or certificate of registration is automatically revoked by subsection (1), the person to whom it was granted must immediately: (a) surrender the revoked licence, permit or certificate of registration to a police officer; and

Firearms Act 1997 51 (b) deliver a firearm in respect of which the licence, permit or certificate was granted to a police officer.

40A

Revocation on basis of criminal intelligence

40A Revocation on basis of criminal intelligence (1) The Commissioner must revoke a licence, permit or certificate of registration if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the holder of the licence or permit, the representative for the licence or permit or the person in whose name the firearm is registered, that: (a) the holder, representative or person is a risk to public safety; and (b) the holding of the licence or permit or the registration would be contrary to the public interest. (2) The Commissioner is not, under this or any other Act or law, required to give reasons for revoking a licence, permit or certificate of registration on the grounds mentioned in subsection (1).

40B

Seizure of firearms on revocation

40B Seizure of firearms on revocation (1) If a licence, permit or certificate of registration is: (a) suspended by the Commissioner under section 38; or (b) automatically suspended under section 39; or (c) automatically revoked under section 40; or (d) revoked by the Commissioner under section 40 or 40A; the Commissioner must cause notice of the suspension or revocation to be served personally on the person who was the holder of the licence or permit or in whose name the firearm was registered. (2) At the time of serving a notice under subsection (1), a police officer may, without a warrant and using the force that is necessary and with any necessary assistance, enter premises, a vessel, vehicle, aircraft or other place to search for and seize any firearm or ammunition in the possession of the person whose licence or permit has been suspended or revoked or in whose name a firearm was registered until the registration was suspended or revoked.

Firearms Act 1997 52

Surrender by holder

41 Surrender by holder (1) The holder of a licence, permit or certificate of registration may, by written notice to the Commissioner accompanied by: (a) the licence, permit or certificate; or (b) a statutory declaration setting out the reasons why the licence, permit or certificate is not accompanying the notice, surrender the licence, permit or certificate. (2) The surrender of a licence, permit or certificate of registration under subsection (1) takes effect when the notice is received by the

Suspension by police officer or Commissioner

42 Suspension by police officer or Commissioner (1) A police officer in charge of a police station or with the rank of senior sergeant or higher may, by written notice served on the holder of a licence, permit or certificate of registration, suspend the licence, permit or certificate: (a) on the request of the holder; or (b) if the holder has been charged with an offence against a law in force in the Territory or in a State or another Territory relating to firearms (or any other offence that, in the opinion of the Commissioner would, if the person is found guilty, render the person not fit to possess or use a firearm or to hold a licence, permit or certificate of the kind held) and is awaiting the hearing of the charge; or (c) if the offficer believes on reasonable grounds that the holder is suffering from a physical or mental infirmity or incapacity and, as a result of possessing a firearm, may be a danger to the safety of the person or to another person, or to property; or (d) after receiving a report under section 101; or (e) if the officer believes, on reasonable grounds, that the person has made a statement that is false or misleading in a material particular in the application for the licence, permit or certificate. (1A) The Commissioner may, by written notice served on the holder of a licence, permit or certificate, suspend the licence, permit or certificate for a specified period or until conditions specified in the notice are complied with.

Firearms Act 1997 53 (2) A person must, immediately after a notice under subsection (1) or (1A) is served on him or her or not later than the period specified in the notice, deliver to a police officer or to a person nominated by the person and approved by a police officer: (a) the licence, permit or certificate of registration; and (b) the firearm to which the notice relates. (3) If the person does not comply with the notice, a police officer may, without a warrant: (a) enter any place the officer reasonably believes the firearm may be found; and (b) search the place and seize the firearm. (4) The police officer may exercise the powers with the assistance, and using the force, that is reasonably necessary in the circumstances.

Refusal or revocation by Commissioner

43 Refusal or revocation by Commissioner (1) If the Commissioner refuses to grant or revokes a licence, permit or certificate of registration, the applicant or the former holder may not apply for a licence or permit of the same type or for a certificate of registration: (a) until any conditions specified in the notice of refusal or revocation are met; or (b) during a period specified in the notice. (2) A person must, immediately after a notice under subsection (1) is served on him or her or not later than the period specified in the notice, deliver to a police officer or to a person nominated by the person and approved by a police officer: (a) the licence, permit or certificate of registration; and (b) any firearm to which the notice relates.

Disposal of firearms

44 Disposal of firearms (1) If the Commissioner under section 40 allows a person time to sell or otherwise dispose of a firearm, the person must, within the time

Firearms Act 1997 54 specified in the notice of revocation, sell or otherwise dispose of the firearm, unless the person applies to NTCAT under section 50 for review of the Commissioner's decision. (2) If a person sells or disposes of a firearm under this section or in accordance with a decision made by NTCAT on review of the Commissioner's decision, the person must, not later than 2 working days after the sale or disposal, give to the Commissioner, by written notice, the approved particulars concerning the sale or disposal.

Delivery of firearms to Commissioner for safekeeping

45 Delivery of firearms to Commissioner for safekeeping (1) Subsection (2) applies to a person if: (a) the Commissioner: (i) revokes the person's licence, permit or certificate of registration under section 40; and (ii) allows the person time to sell or otherwise dispose of a firearm in the notice of revocation; and (b) the person applies to NTCAT under section 50 for review of the Commissioner's decision to revoke the licence, permit or certificate. (2) The person must deliver to the Commissioner for safe keeping all firearms that the person would be required to sell or otherwise dispose of in accordance with section 44 if the application to NTCAT had not been made.

Storage and safe keeping requirements

46 Storage and safe keeping requirements (1) A person in possession of a firearm or ammunition: (a) must take all reasonable precautions to ensure that: (i) it is kept safely; and (ii) it is not stolen or lost; and

Part 8

Premises used by firearms clubs, for shooting activities and paintball ranges

Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges Firearms Act 1997 55 (iii) it does not come into the possession of a person who is not authorised to possess it; and (b) must comply with the storage and safe keeping requirements under this Act that apply to the firearm or ammunition. Maximum penalty: If the offender is an individual – 50 penalty 250 penalty units. (2) Subsection (1)(b) does not apply in relation to a firearm if the person in possession of the firearm satisfies the Commissioner that the person has provided alternative arrangements for the storage and safe keeping of the firearm (and any ammunition) that are of a standard not less than the requirements under the Act. (3) The Regulations may specify the minimum standards for storage and safe keeping of firearms or classes of firearms (and ammunition).

Seizure of firearms if storage requirements not met

47 Seizure of firearms if storage requirements not met A police officer may seize a firearm or ammunition that the officer has reasonable grounds to believe is not being stored in accordance with this Act. Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges

Premises used by firearms clubs and for shooting activities

48 Premises used by firearms clubs and for shooting activities (1) A person who is a member of the management committee of a firearms club must not use, or knowingly permit another person to use, a firearm on premises occupied by the firearms club unless the premises are approved under section 49. (2) The occupier of premises used as a shooting gallery or amusement parlour must not permit a person to use a firearm on the premises unless the premises are approved under section 49.

Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges Firearms Act 1997 56

Approval of premises used by firearms clubs and for shooting

49 Approval of premises used by firearms clubs and for shooting activities (1) A person may apply to the Commissioner in the approved form for an approval under this section in respect of the premises specified in the application. (2) The Commissioner is to, as soon as practicable after receiving an application under subsection (1), approve or refuse to approve the premises. (3) The Commissioner is to refuse to approve premises unless satisfied that the premises are equipped with approved safety equipment and the premises are located and constructed so that the use of firearms on the premises will not constitute a danger to persons on the premises or to the public in the vicinity of the premises. (4) The Commissioner may, when approving premises, or at any time while an approval remains in force, give a direction to a person concerning the use, control or administration of the premises for the preservation of public safety and the safety of the persons on the premises. (5) A person to whom a direction is given under subsection (4) must not contravene the direction. 12 months or, in the case of a body corporate, 200 penalty units. (6) The Commissioner may suspend, for a specified period or until specified conditions are complied with, or revoke an approval given under this section if satisfied that: (a) the premises are a danger to persons or to the public in the vicinity of the premises; or (b) a direction given under subsection (4) has not been complied with.

49A

Approval of premises for use as paintball range

49A Approval of premises for use as paintball range (1) A person may apply to the Commissioner for an approval for the use of premises as a paintball range. (2) The application must be in the approved form. (3) The Commissioner must, as soon as practicable: (a) consider the application and approve or refuse it; and

Firearms Act 1997 57 (b) give written notice to the applicant of the decision and, if refused, the reasons for it. (4) Without limiting subsection (3), the Commissioner must refuse the application unless satisfied: (a) the person has all necessary approvals for the use of the premises as a paintball range under the laws of the Territory; and (b) the premises are suitable for use as a paintball range; and (c) the use of firearms on the premises will not constitute a danger to persons on the premises or to the public in the vicinity of the premises. (5) In deciding whether premises are suitable for use as a paintball range, the Commissioner must consider: (a) if a building is constructed on the premises – its design and construction; or (b) if a building is to be constructed on the premises – its design and proposed construction. (6) The approval may be subject to the reasonable conditions the Commissioner considers appropriate.

49B

Definitions

49B Definitions In this Part: affected person, see section 49L(2). firearm prohibition order means an order made under section 49E. firearm related item, see section 49C. prohibited premises, see section 49D. reviewable decision, see section 49L(1).

Firearms Act 1997 58

49C

Meaning of firearm related item

49C Meaning of firearm related item A firearm related item means any of the following: (a) ammunition; (b) a silencer; (c) an item that is designed as, or reasonably capable of forming, part of a firearm; (d) any other item prescribed by regulation. Examples for paragraph (c) A barrel, breech block, pistol slide, frame, receiver, cylinder, trigger mechanism, bolt, stock, grip, operating mechanism or magazine.

49D

Meaning of prohibited premises

49D Meaning of prohibited premises A prohibited premises is any of the following: (a) the premises of a firearms dealer; (b) the premises of an armourer; (c) a shooting range; (d) a handgun target shooting club; (e) a firearm collectors club; (f) a shooting club; (g) a place where a shooting match is occurring; (h) a firearms fair; (i) a shooting gallery; (j) a paintball range or a place where paintball activities are carried out; (k) a premises where firearms are stored; (l) any other premises prescribed by regulation.

Firearms Act 1997 59

49E

Firearm prohibition order

49E Firearm prohibition order (1) The Commissioner may make a firearm prohibition order in relation to a person prohibiting the person from: (a) acquiring a firearm or firearm related item; and (b) possessing or using any firearm or firearm related item; and (c) being in the company of a person who acquires, possesses or is using a firearm or firearm related item. (2) The Commissioner must not make a firearm prohibition order in relation to a person under 14 years of age. (3) A firearm prohibition order may be made even if the person who is subject to the order or to be subject to the order has never acquired, possessed or used a firearm or firearm related item.

49F

Considerations in making firearm prohibition order

49F Considerations in making firearm prohibition order The Commissioner may make a firearm prohibition order in relation to a person if the Commissioner is satisfied that it is in the public interest to do so for any of the following reasons: (a) because of the criminal history of the person; (b) because of the behaviour of the person; (c) because of the people with whom the person associates; (d) because of any criminal intelligence report or other criminal information the Commissioner holds about the person or the people with whom the person associates; (e) because, on the basis of information the Commissioner holds about the person, the person may pose a threat or risk to public safety if the person acquires, possesses or uses a firearm or firearm related item.

49G

Form and content of order

49G Form and content of order (1) A firearm prohibition order must contain the following particulars: (a) a statement of the effect of the order, including the conduct prohibited by the order and the powers for enforcing the order under this Part;

Firearms Act 1997 60 (b) the consequences that may follow if the person to whom the order relates contravenes the order; (c) the identity of the person to whom the order relates; (d) a statement that the order takes effect on the day on which it is served on the person to whom it relates; (e) the date on which the order expires; (f) the provisions of this Act that empower the making of the order; (g) that the person to whom the order relates may apply to NTCAT under section 49L or 49M for review of the decision to make the order; (h) subject to subsection (2), the Commissioner's reasons for the making of the order; (i) details of: (i) the effect of section 49K; and (ii) the offences in Division 4 and section 49Y(2); and (iii) the powers of police officers in Division 5. (2) Subsection (1)(h) does not require the Commissioner to include reasons for making the order if those reasons are as mentioned in section 49F(d).

49H

Duration of order

49H Duration of order (1) A firearm prohibition order that relates to a person who is 18 years of age or older remains in force for 10 years from the day on which it is served on the person under section 49J. (2) A firearm prohibition order that relates to a person who is under 18 years of age remains in force for 5 years from the day on which it is served on the person under section 49J.

49J

Service of order

49J Service of order (1) A firearm prohibition order must be personally served on the person to whom it relates by a police officer. (2) A firearm prohibition order takes effect on the date it is served on the person to whom it relates.

Firearms Act 1997 61 (3) The police officer serving the order on the person must explain to the person: (a) the effect of the order, including the conduct prohibited by the order and the powers for enforcing the order under this Part; and (b) the consequences that may follow if the person contravenes the order; and (c) that the person may apply to NTCAT under section 49L or 49M for review of the decision to make the order. (4) As far as it is reasonably practicable to do so, the explanation must be given in a language or in terms that are likely to be readily understood by the person. (5) A failure to comply with subsections (3) and (4) does not affect the validity of a firearm prohibition order.

49K

Cancellation or suspension of licences, permits and

49K Cancellation or suspension of licences, permits and certificates (1) Any licence, permit or certificate of registration under this Act held by a person to whom a firearm prohibition order relates is cancelled by the making of the order and the cancellation takes effect on the order being served on the person. (2) If a licence, permit or certificate of registration under this Act is held by a body corporate, the representative of the holder of the licence, permit or certificate of which is a person to whom a firearm prohibition order relates, the licence, permit or certificate is suspended by the making of the order and the suspension takes effect on the order being served on the person. (3) However, the body corporate may, within 14 days of the date the suspension takes effect, notify the Commissioner, in writing, of another representative of the body corporate to hold the licence, permit or certificate. (4) If the Commissioner considers the representative mentioned in subsection (3) to be a fit and proper person to have a firearm in the person's possession or control, the Commissioner may lift the suspension of the licence, permit or certificate held by the body corporate.

Firearms Act 1997 62 (5) The licence, permit or certificate held by a body corporate is cancelled if: (a) the body corporate does not notify the Commissioner of another representative within 14 days under subsection (3); or (b) the Commissioner does not consider the representative mentioned in subsection (3) to be a fit and proper person to have a firearm in the person's possession or control. (6) Subsections (3) to (5) do not apply to a body corporate that is a firearms dealer. (7) A suspension on a licence, permit or certificate of a representative of a firearms dealer under subsection (2) is taken to be a cancellation of the licence, permit or certificate. (8) A person to whom a firearm prohibition order relates must surrender any firearm or firearm related item the person possesses or is using to the Commissioner as soon as practicable after being served with the order. Notes for Division 3 1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews. 2 The application of section 22 of the Northern Territory Civil and Administrative Tribunal Act 2014 in relation to reviews of decisions under this Division is modified by section 51 of this Act.

49L

Review by NTCAT – firearm prohibition orders

49L Review by NTCAT – firearm prohibition orders (1) NTCAT has jurisdiction to review a decision (a reviewable decision) to make a firearm prohibition order under section 49E. (2) An affected person, for a reviewable decision, is the person to whom the firearm prohibition order relates. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. (4) Section 44(2) of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a reviewable decision for this section.

Firearms Act 1997 63

49M

Further right to apply for review by NTCAT

49M Further right to apply for review by NTCAT (1) Subject to this section, during the operation of a firearm prohibition order, an affected person may apply to NTCAT for a review of the reviewable decision. (2) An application under subsection (1) may be made: (a) if the affected person is under 18 years of age at the time the order was served on the person – at 12 monthly intervals during the operation of the order; and (b) if the affected person is 18 years of age or over at the time the order was served on the person – at any time after more than half the time for which the order is in force has expired. (3) An application made under subsection (2)(a): (a) must be made within 28 days after the anniversary of the date on which the order was served on the person; and (b) must not be made more than once in any 12 month period after the anniversary of the date on which the order was served on the person during the operation of the order. (4) An application made under subsection (2)(b) must not be made more than once in respect of an order. (5) The right to apply for review under this section: (a) is in addition to the right set out in section 49L; and (b) may be exercised irrespective of whether a right under section 49L has been exercised. (6) Section 44(2) of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a reviewable decision for this section.

49N

Confidentiality of classified information

49N Confidentiality of classified information (1) In exercising its jurisdiction to review a reviewable decision under this Part, NTCAT must take steps to maintain the confidentiality of classified information provided to it by the Commissioner. (2) If NTCAT considers the classified information is criminal intelligence, the steps taken under subsection (1) includes steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings, their representatives and the public.

Firearms Act 1997 64 (3) If NTCAT considers classified information is not criminal intelligence, NTCAT must allow the Commissioner to withdraw the classified information from consideration. (4) This section applies to an appeal to the Supreme Court under section 141 of the Northern Territory Civil and Administrative Tribunal Act 2014 brought by a party in relation to a decision of NTCAT made in the exercise of its review jurisdiction under this Division. (5) In this section: classified information means information the Commissioner classifies as criminal intelligence under the Serious Crime Control Act 2009.

49P

Offence to contravene firearm prohibition order

49P Offence to contravene firearm prohibition order (b) the person intentionally engages in conduct; and (c) the conduct results in the person acquiring a firearm or firearm related item and the person is reckless in relation to that result. (2) A person commits an offence if: (b) the person intentionally possesses or uses a firearm or firearm related item. (3) Strict liability applies to subsections (1)(a) and (2)(a).

Firearms Act 1997 65

49Q

Offence to engage in conduct resulting in another person

49Q Offence to engage in conduct resulting in another person contravening firearm prohibition order A person commits an offence if: (a) another person is subject to a firearm prohibition order and the person has knowledge of that circumstance; and (b) the person intentionally engages in conduct; and (c) the conduct results in the other person acquiring, possessing or using a firearm or firearm related item and the person is reckless in relation to the result.

49R

Offence to be at prohibited premises

49R Offence to be at prohibited premises (b) the person intentionally enters or remains at premises; and (c) the premises are prohibited premises and the person is reckless in relation that circumstance. (2) Strict liability applies to subsection (1)(a).

49S

Offence to reside at premises where there are firearms or

49S Offence to reside at premises where there are firearms or firearm related items (b) at least 24 hours has elapsed since the person was served with the firearm prohibition order; and

Firearms Act 1997 66 (c) there is a firearm or firearm related item at the premises where the person resides and the person is reckless in relation to that circumstance. imprisonment for 4 years. item – imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a) and (b).

49T

Offence to be in company of person using firearm or firearm

49T Offence to be in company of person using firearm or firearm (b) the person is intentionally in the company of another person; and (c) the other person possesses or is using a firearm or firearm related item and the person has knowledge of that circumstance. imprisonment for 4 years. item – imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) A person does not commit an offence against subsection (1) if the other person mentioned in subsection (1) is a police officer who is in possession of or is using a firearm or firearm related item in the execution of the police officer's duty.

49U

Search of person to whom firearm prohibition order relates

49U Search of person to whom firearm prohibition order relates without warrant or consent the powers set out in subsections (2) and (3), if the exercise of the power is reasonably required to determine whether a person to whom a firearm prohibition order relates has acquired, possesses or is using a firearm or firearm related item in contravention of the order.

Firearms Act 1997 67 (a) search the person, other than by strip searching the person; (b) search any thing in the person's possession. (a) stop and detain the person being searched for so long as is (i) that is found on the person or in any thing in the person's possession; or (ii) that the person has acquired, possesses or is using. (4) Before a police officer commences a search of a person or any thing in the person's possession under this section, the police officer must inform the person: (b) that the police officer intends to search the person and any thing in the person's possession for any firearm or firearm

49V

Search of associate without warrant or consent

49V Search of associate without warrant or consent the powers set out in subsections (2) and (3) with respect to a person (an associate) who is in the company of a person to whom a firearm prohibition order relates, if the police officer believes on reasonable grounds that the associate: (a) is committing or is about to commit an offence against this Act; and (b) has a firearm or firearm related item in the associate's possession.

Firearms Act 1997 68 (a) search the associate, other than by strip searching the associate; (b) search any thing in associate's possession. (a) stop and detain the associate being searched for so long as is (i) that is found on the associate or in any thing in the associate's possession; or (ii) that the associate has acquired, possesses or is using. (4) Before a police officer commences a search of an associate under this section or any thing in the associate's possession, the police officer must inform the associate: (b) that the police officer intends to search the associate and any thing in the associate's possession for any firearm or firearm

49W

Search of premises, vehicles, aircraft or vessels without

49W Search of premises, vehicles, aircraft or vessels without warrant or consent the powers under subsections (2) and (4), if the exercise of the power is reasonably required to determine: (a) whether a person to whom a firearm prohibition order relates has acquired, possesses or is using a firearm or firearm related item in contravention of the order; or (b) whether a firearm or firearm related item is at a premises occupied by, in the care of or under the control or management of a person to whom a firearm prohibition order relates, including in any thing on the premises and including in

Firearms Act 1997 69 any vehicle, aircraft or vessel on the premises. (a) enter and search any premises occupied by, in the care of or under the control or management of the person, including any thing on the premises and including any vehicle, aircraft or vessel on the premises; (b) enter and search any vehicle, aircraft or vessel that is in the charge of the person, or in which the person is a passenger, wherever the vehicle, aircraft or vessel is located. (3) A police officer may enter or search premises, a vehicle, an aircraft or a vessel under this section with the assistance of any other police officer. (4) A police officer, for the purposes of an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, may do the (a) stop and detain the vehicle, aircraft or vessel being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item found on the premises, vehicle, aircraft or vessel. (5) Before a police officer commences an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, if the person to whom the order relates is present, the police officer must inform the person: (b) that the police officer intends to enter or search the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (6) If requested by another person present at premises, or in the vehicle, on the aircraft or on the vessel at any time before commencing or during a search under this section, the police officer must inform the person:

Firearms Act 1997 70 (b) that the police officer intends to enter or search, or is searching, the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (7) If it is not practicable to give the information under subsection (5) or (6) before commencing a search or during a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information after the search is finished. (8) Any action taken under this section is not unlawful only because of a failure to comply with subsection (5), (6) or (7).

49X

Search of person at premises, vehicles, aircraft or vessels

49X Search of person at premises, vehicles, aircraft or vessels without warrant or consent the powers set out in subsections (2) and (3) with respect to a person who is present at premises, or in a vehicle, on an aircraft or on a vessel being searched under section 49W, if the police officer believes on reasonable grounds that the person acquired, possesses or is using a firearm or firearm related item. (a) search the person, other than by strip searching the person; (b) search any thing in the person's possession. (a) stop and detain the person being searched for so long as is (i) that is found on the person or in any thing in the person's possession; or (ii) that the person has acquired, possesses or is using. (4) Before a police officer commences a search of a person under this section or any thing in the person's possession, the police officer must inform the person:

Firearms Act 1997 71 (b) that the police officer intends to search the person and any thing in the person's possession for any firearm or firearm

49Y

Requirement to give name and address

49Y Requirement to give name and address (1) If a police officer suspects on reasonable grounds that a person is subject to a firearm prohibition order, the police officer may request the person to give to the police officer the person's name or address, or both. (2) A person commits an offence if: (a) the person is requested to give the person's name or address, or both, under subsection (1); and (b) the person does not comply with the request. (3) An offence against subsection (2) is an offence of strict liability.

49Z

Dealing with firearms or firearm related items surrendered or

49Z Dealing with firearms or firearm related items surrendered or seized under this Part (1) This section applies if a firearm or firearm related item is surrendered or seized under this Part. (2) The police officer to whom the firearm or firearm related item was surrendered or who seized the firearm or firearm related item may retain possession of the firearm or firearm related item for so long as: (a) the firearm or firearm related item is evidence of an offence against this Act or any other law in force in the Territory; or (b) it is reasonably necessary to test the firearm or firearm related item to determine if it is evidence of an offence against this Act or any other law in force in the Territory. (3) Subject to subsection (4), the firearm or firearm related item is forfeited to the Territory: (a) if the person who surrendered the firearm or firearm related item or from whom the firearm or firearm related item was seized is not lawfully entitled to possess the firearm or firearm

Firearms Act 1997 72 related item, and no other person is lawfully entitled to possess the firearm or firearm related item; or (b) if the following circumstances apply: (i) the firearm or firearm related item was acquired, possessed or used, in contravention of this Part, by the person who surrendered it or from whom it was seized; (ii) the Commissioner is satisfied the firearm or firearm related item had not been stolen at the time it was surrendered or seized. (4) The Commissioner may declare a firearm or firearm related item is not subject to forfeiture under subsection (3). 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part (1) This section applies in relation to: (a) a firearm or firearm related item that has been surrendered or seized under this Part; and (b) the firearm or firearm related item: (i) is not required or is no longer required under section 49Z(2); or (ii) has not been forfeited to the Territory under section 49Z(3); or (iii) has been declared not subject to forfeiture under section 49Z(4 (2) The Commissioner may: (a) by written notice, direct the owner of the firearm or firearm related item to sell or otherwise dispose of the firearm or firearm related item; or (b) by written notice, direct the owner of the firearm or firearm related item to take possession of the firearm or firearm related item; or (c) dispose of the firearm or firearm related item in the manner the Commissioner determines. (3) If the owner of a firearm does not comply with a direction under subsection (2)(a) or (b) within 28 days after the direction is given or

Firearms Act 1997 73 any further time that the Commissioner specifies in the notice, the Commissioner may dispose of the firearm or firearm related item in accordance with section 166 of the Police Administration Act 1978 as if the firearm or firearm related item was unclaimed property. (4) The Regulations may prescribe fees that are payable in relation to the storage of a firearm or firearm related item by the Commissioner prior to the owner taking possession of the firearm or firearm related item.

Div 6

Review of operation of Part

Division 6 Review of operation of Part 49ZB Review of operation of Part (1) The Ombudsman must review the following during the first 2 years after the commencement of this Part: (a) the exercise of powers conferred on police officers under this Part; (b) the financial effect of the result of the commission of offences against this Part. (2) The Ombudsman must give a copy of the report of the review to the Minister as soon as practicable after the expiry of the 2 year period mentioned in subsection (1).

Review by NTCAT – general

50 Review by NTCAT – general (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 7. (2) An affected person, for a reviewable decision, is a person specified in Schedule 7 for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Notes for section 50 1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews. 2 For an application to NTCAT for review of a decision made by the Commissioner under section 40, see section 45 in relation to an affected person's obligations regarding the delivery to the Commissioner of all firearms that the person is required to sell or otherwise dispose of.

Firearms Act 1997 74

Constitution of NTCAT for review proceedings

51 Constitution of NTCAT for review proceedings (1) Despite section 22(1) of the Northern Territory Civil and Administrative Tribunal Act 2014, NTCAT is to be constituted by 3 members for a proceeding for review of a decision on an application under section 49L, 49M or 50. (2) In nominating the members to constitute NTCAT under section 22(1) of the Northern Territory Civil and Administrative Tribunal Act 2014 for the proceeding, the President of NTCAT must nominate: (a) at least one member who the President considers has suitable knowledge or experience in relation to policing; and (b) at least one member who the President considers has suitable knowledge or experience in relation to firearms. (3) Any failure to nominate a member who has the knowledge or experience referred to in subsection (2)(a) or (b) to constitute NTCAT for the proceeding does not affect the validity of any decision made in the proceeding.

Firearms Advisory Council

55 Firearms Advisory Council (1) There is established the Firearms Advisory Council. (2) The Council consists of: (a) the executive members of the Northern Territory Firearms Council Incorporated; and (b) a police officer nominated by the Commissioner; and (c) other persons appointed by the Minister in consultation with the Northern Territory Firearms Council Incorporated. (3) The member nominated under subsection (2)(b) is the Chairperson of the Council. (4) Subject to this Part, a member appointed under subsection (2)(c) holds office for the period, not longer than 3 years, specified in the instrument of appointment, but is eligible for reappointment. (5) A person appointed under subsection (2)(c) may resign by written notice signed by the person and given to the Minister.

Firearms Act 1997 75

Functions and powers of Council

56 Functions and powers of Council (1) The functions of the Council are: (a) at the request of the Minister or the Commissioner, to advise the Commissioner concerning applications for registration of firearms or for the granting of licences or permits under this (b) to establish guidelines for standards of construction and installation of equipment for shooting ranges and shooting galleries; and (c) to establish guidelines for safe practices to be implemented relating to the use of firearms at shooting ranges and shooting galleries; and (d) to review the operations of this Act and the Regulations and to make recommendations relating to their operation to the Minister; and (e) to consider any other matter referred to it by the Minister or by the Commissioner. (2) The Council has those powers that are necessary to enable it to carry out its functions under this Act.

Meetings of Council

57 Meetings of Council (1) The Chairperson is to call such meetings of the Council as are necessary for the exercise of its powers and the performance of its functions. (2) The Minister may, at any time, direct the Chairperson to call a meeting of the Council and the Chairperson is to comply with the direction. (3) The Council is to determine the procedure to be followed at or in connection with its meeting. (4) The Council is to keep a record of its meetings.

Firearms Act 1997 76

Possession or use of firearms

58 Possession or use of firearms (1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. Maximum penalty: 500 penalty units or imprisonment for 3 years or, if the offence relates to a 400 penalty units or imprisonment for (1A) Subsection (1) does not apply if: (a) the person possesses or uses a paintball firearm for playing paintball at an approved paintball range; and (2) Without limiting subsection (1), the holder of a licence is guilty of an offence under this section if he or she uses a firearm for any purpose otherwise than in connection with the purpose established as being the genuine reason for possessing or using the firearm. (2A) Without limiting subsection (1), the holder of a category H sports shooter's licence commits an offence against this section if: (a) the holder uses a category H firearm: (i) that is not a prescribed firearm; or (ii) elsewhere than at an approved firearms club; and (b) the use is not authorised under another licence or a permit. subsection (1) if the defendant proves that he or she was in the company of, and under the supervision of, the holder of a licence for the category of firearm in the possession of or being used by the defendant and the firearm was being used in accordance with the conditions of the licence. (4) The defence provided by subsection (3) does not apply to or in relation to a person mentioned in subsection (5) during the period specified in relation to the person in that subsection.

Firearms Act 1997 77 (5) For subsection (4), a person: (a) who has been found guilty of a disqualifying offence may not possess or use a firearm for 10 years from the date of the finding of guilt; or (ab) who has been found guilty of an offence of violence, may not possess or use a firearm for 5 years after the finding of guilt; or (ac) who is the subject of an order, made in the Territory or elsewhere, to keep the peace, may not possess or use a firearm while the order is in force; or (b) in respect of whom an interim domestic violence order is in force may not possess or use a firearm while the interim restraining order remains in force; or (ba) who has or has had a final domestic violence order in force against him or her may not possess or use a firearm: (i) while the order is in force; and (ii) for a further period of 5 years from the date the order expires or ceases to have effect; or (bb) who has a personal violence restraining order in force against him or her may not possess or use a firearm while the order is in force; or (c) whose licence is suspended may not possess or use a firearm: (i) while the suspension remains in force; or (ii) if the licence expires while the suspension remains in force – until the person is granted another licence or a permit; or (d) who has been refused a licence or whose licence is revoked may not possess or use a firearm of the type or category for which the licence was refused or revoked during any period for which the person is prohibited from applying for a licence. (6) A person must not possess or use a prohibited firearm unless authorised under this Act. Maximum penalty: 500 penalty units or imprisonment for 3 years.

Firearms Act 1997 78

58A

Obligation of supervisor

58A Obligation of supervisor (1) The holder of a firearms licence who is supervising a person for the purposes of section 58(3) must ensure the firearm is: (a) of a category that the holder is authorised to use; and (b) used in accordance with any conditions of the licence; and (c) used in a manner that will not create a danger to any person or damage to property. (2) A firearms club must not permit a person who is not the holder of a category H sports shooter's licence to use a category H firearm under supervision at the club premises unless: (a) the person is undergoing an approved firearms safety training course conducted by the holder of a firearms instructor (b) the person is the holder of a permit under section 31(1)(fb); or (c) the person is a person to whom a permit under section 31(1)(fc) relates.

58B

Obligation of firearms club

58B Obligation of firearms club If the Commissioner gives notice to a firearms club that a member of the club is subject to suspension or revocation of the member's shooting licence or a permit under section 31(1)(fb), the club must not permit the member to use a firearm at the club premises during the period specified in the notice.

Firearms Act 1997 79

Div 2

Offences relating to registration

Division 2 Offences relating to registration

Firearms to be registered

59 Firearms to be registered (1) A person, other than the holder of a firearms dealer licence, must not sell, purchase, possess or use a firearm that is not registered. (2) Subsection (1) does not apply if: (a) the person possesses or uses a paintball firearm for playing paintball at an approved paintball range; and

Alteration of certificate of registration

60 Alteration of certificate of registration A person must not alter the particulars in a certificate of registration.

60A

Conspiring to commit and aiding etc. commission of offence

60A Conspiring to commit and aiding etc. commission of offence outside Territory (1) A person must not, in the Territory, conspire with another person or persons to commit, in a place outside the Territory, an offence (the principal offence) that is punishable under the provisions of a law in force in that place that corresponds to a provision of this Act. (2) A person must not, in the Territory, aid, abet, counsel, procure, solicit or incite the commission, in a place outside the Territory, of an offence (the principal offence) that is punishable under the provisions of a law in force in that place that corresponds to a provision of this Act. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable to the same penalty as if the principal offence was committed in the Territory.

Firearms Act 1997 80

60B

Definition

60B Definition In this Division: prohibited person means a person who: (a) is prohibited from applying for any licence under this Act or a law of a State or another Territory; or (b) is not entitled to be granted any licence under this Act, for a reason other than that the person is not a resident, or about to become a resident, of the Territory.

60C

Prohibition of carrying on business of paintball operator

60C Prohibition of carrying on business of paintball operator without authority A person must not carry on business as a paintball operator without a paintball operator licence or permit.

60D

Information about close associates, representatives and

60D Information about close associates, representatives and employees (1) If a change occurs in the close associates of the holder of a paintball operator licence or permit, the holder must give the Commissioner, within 7 days after becoming aware of the change, written notice in the approved form. (2) The Commissioner may, by written notice, require the holder of a paintball operator licence or permit to give the Commissioner, within a specified time, a declaration containing specified information about: (a) the representative for the licence or permit; or (b) the close associates of the holder; or (c) the operator's paintball operator employees. (3) The person must comply with the notice unless the person has a

Firearms Act 1997 81 (4) If a person ceases employment as a paintball operator employee with the holder of a paintball operator licence or permit, the holder must, within 7 days after the person ceases employment, give the Commissioner written notice in the approved form.

60E

Records and returns

60E Records and returns (1) The holder of a paintball operator licence or permit must: (a) keep the paintball player declaration made by each person who plays paintball at the operator's approved paintball range for 2 years after it is made; and (b) keep other records in accordance with the conditions of the licence or permit. Maximum penalty: 20 penalty units. (2) A police officer or approved person may ask the holder of a paintball operator licence or permit, the representative for the licence or permit or an employee of the holder to produce the paintball player declarations or other records kept by the operator. (3) The person must comply with the request unless the person has a Maximum penalty: 20 penalty units. (4) On production of a declaration or record, the police officer or approved person may: (a) examine it; and (b) make copies of, or take extracts from, it. (5) The holder of a paintball operator licence or permit must give the Commissioner, within 3 months after the end of each financial year, an annual report in the approved form.

Firearms Act 1997 82

60F

Prohibition on employing certain persons

60F Prohibition on employing certain persons (1) This section applies if the holder of a paintball operator licence or permit does any of the following things: (a) employs a prohibited person in the business authorised by the licence or permit; (b) allows a prohibited person to act as an agent for, or participate in the management of, the business. (2) The holder and the prohibited person are each guilty of an offence. (3) It is a defence to a prosecution of the holder of the licence or permit for an offence against subsection (2) if the holder proves the holder did not know, and could not reasonably have been expected to know, the person was a prohibited person.

60G

Production of firearms

60G Production of firearms (1) A police officer or approved person may ask the holder of a paintball operator licence or permit, the representative for the licence or permit or an employee of the holder to produce a paintball firearm in the holder's possession. (2) The person must comply with the request unless the person has a (3) On production of a firearm, the police officer or approved person may inspect and test it.

60H

Possession and use of paintball firearm only at approved

60H Possession and use of paintball firearm only at approved paintball range The holder of a paintball operator licence or permit must not allow a person to possess or use a paintball firearm registered in the holder's name except at the holder's approved paintball range.

Firearms Act 1997 83

60J

Restrictions on children playing paintball

60J Restrictions on children playing paintball child to possess or use a paintball firearm to play paintball at the holder's approved paintball range if: (a) the holder knows that the child is under the age of 14 years; or (b) the holder: (i) knows that the child is at least 14 years of age but is under the age of 18 years; and (ii) does not have written evidence of the consent of a person who has parental responsibility for the child to the possession or use of the paintball firearm by the child. child, see section 13 of the Care and Protection of Children Act 2007. parental responsibility, see section 13 of the Care and Protection of Children Act 2007.

60K

Paintball player must sign declaration and give identification

60K Paintball player must sign declaration and give identification person to possess or use a paintball firearm to play paintball at the holder's approved paintball range unless the person, before starting to play: (a) makes a declaration in the approved form (a paintball player declaration); and (b) gives the declaration and photographic identification to a paintball employee working at the range. (2) Before allowing the person to play paintball, the paintball employee must: (a) inspect the person's photographic identification; and

Firearms Act 1997 84 (b) endorse on the person's paintball player declaration that the employee is satisfied the person appears to be the person shown in the identification.

60L

Certain persons prohibited from playing paintball

60L Certain persons prohibited from playing paintball prohibited person to possess or use a paintball firearm to play paintball at the holder's approved paintball range. subsection (1) if the holder proves the holder did not know, and could not reasonably have been expected to know, the person was a prohibited person. (3) A prohibited person must not play paintball.

More sections below

Source text: opening excerpt

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 Firearms Act 1997

NORTHERN TERRITORY OF AUSTRALIA FIREARMS ACT 1997 As in force at 6 December 2025 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Exemptions ...................................................................................... 9 4A Application of Criminal Code ......................................................... 11 Part 2 Administration 5 Delegation ..................................................................................... 11 6 Fees .............................................................................................. 11 7 Register ......................................................................................... 12 8 Declarations by Commissioner ...................................................... 12 Part 3 Licences Division 1 Application for licence 9 Application for licence .................................................................... 13 10 General restrictions on grant of licence ......................................... 15 10AA Restriction on grant of category H sports shooter's licence ........... 18 10AB Restriction on grant of firearms dealer licence............................... 19 10AC Restriction on grant of firearms collector licence ........................... 19 10AD Restriction on grant of paintball operator licence ........................... 20 10A General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence ...................................................................... 20 11 Genuine reason for licence ............................................................ 20 Division 2 General provisions 12 Form of licence .............................................................................. 21 13 General conditions of licence......................................................... 21 14 Period of licence ............................................................................ 22 Division 3 Shooter's licence 15 Shooter's licence ........................................................................... 23

Firearms Act 1997 ii Division 3A Category H sports shooter's licence 15A Category H sports shooter's licence .............................................. 23 15B Procedure for obtaining licence ..................................................... 23 15C Conditions of licence ..................................................................... 24 Division 4 Firearms dealer licence 16 Firearms dealer licence ................................................................. 24 16A Information about close associates of firearms dealers ................. 24 16B Possession of firearms held under firearms dealer licence ........... 26 17 Security measures required by dealer ........................................... 26 18 Records and returns to be kept by dealers .................................... 27 19 Production of firearms ................................................................... 28 21 Interstate transactions between dealers ........................................ 28 Division 5 Firearms armourer licence 22 Firearms armourer licence ............................................................. 28 22A Records to be kept by firearms armourer ...................................... 29 23 Production of firearms and records................................................ 29 Division 6 Firearms collector licence 24 Firearms collector licence .............................................................. 30 25 Use of firearm under firearms collector licence.............................. 30 Division 6A Antique firearms collector licence 25A Antique firearms collector licence .................................................. 31 Division 7 Firearms corporate licence 26 Firearms corporate licence ............................................................ 31 Division 9 Firearms club junior licence 28 Firearms club junior licence ........................................................... 32 Division 10 Firearms museum licence 29 Firearms museum licence.............................................................. 32 29A Possession of firearms held under firearms museum licence ........ 32 Division 11 Firearms heirloom licence 30 Firearms heirloom licence.............................................................. 33