Div 1Requirement for licence

Division 1—Requirement for licence 9—Possession and use of firearms (1) A person who has possession of a firearm without holding a firearms licence authorising possession of the firearm is guilty of an offence. (2) A person who has possession of or uses a firearm for a purpose that is not authorised by a firearms licence held by the person is guilty of an offence. (3) If, in proceedings for an offence under subsection (2), the evidence gives rise to a reasonable inference that the purpose for which the defendant had possession of or used the firearm was not authorised by the licence, the onus shifts to the defendant to establish that the purpose for which he or she had possession of or used the firearm was authorised by the licence. (4) Subject to this section, the maximum penalty for an offence under this section is as follows: (a) if the firearm is a prescribed firearm—$50 000 or imprisonment for 10 years; (b) if the firearm is a category C, D or H firearm—$35 000 or imprisonment for 7 years; (c) if the firearm is any other category of firearm—$20 000 or imprisonment for 4 years. (5) The maximum penalty for an aggravated offence is as follows: (a) if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years; (b) if the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years; (c) if the firearm is any other category of firearm—$35 000 or imprisonment for 7 years. (6) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. (7) An offence under this section is an aggravated offence if it has been proved that— (a) the firearm to which the offence relates was— (i) loaded (irrespective of whether the offender knew that it was loaded); or (ii) in the immediate vicinity of ammunition suitable for use in the firearm; or (b) the offender had the firearm concealed about his or her person; or (c) the offender committed the offence in connection with, or at the same time as, an act or omission that would, if proved, constitute a prescribed offence against the Controlled Substances Act 1984. (8) For the purposes of this section— (a) a person who has possession of a self‑loading rim fire rifle that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the rifle will be taken to have possession of a category C firearm; and (b) a person who has possession of a self‑loading rim fire rifle and also has possession of a magazine with a capacity of more than 10 rounds that can be fitted to the rifle will be taken to have possession of a category D firearm even though the magazine is not fitted to the rifle; and (c) a person who has possession of a self‑loading or pump action shotgun that does not have an inbuilt magazine and does not have possession of any magazine that can be fitted to the shotgun will be taken to have possession of a category C firearm; and (d) a person who has possession of a self‑loading or pump action shotgun and also has possession of a magazine with a capacity of more than 5 rounds that can be fitted to the shotgun will be taken to have possession of a category D firearm even though the magazine is not fitted to the shotgun; and (e) a firearm will be taken to be loaded if a round is in the breech, barrel or chamber of the firearm or in a magazine comprising part of or attached to the firearm. 10—Dealers (1) A person who carries on the business of a dealer in South Australia without holding a firearms licence authorising the person to carry on that business is guilty of an offence. Maximum penalty: $35 000 or imprisonment for 7 years. (2) For the purposes of this section, a person who purchases or sells more than 20 firearms or more than 20 firearm parts in any 12 month period will be taken to be carrying on the business of a dealer in respect of the firearms or firearm parts purchased or sold in excess of 20 in that period unless it is proved that the person was not carrying on such a business. (3) Subsection (2) does not apply if all the firearms purchased or sold in a 12 month period were the subject of 1 or more transactions entered into on the same day at an auction. (4) For the purposes of this section, a person who purchases or sells more than 50 000 rounds of ammunition in any 12 month period will be taken to be carrying on the business of a dealer in respect of the ammunition purchased or sold in excess of 50 000 rounds in that period unless it is proved that the person was not carrying on such a business. (5) Subsection (4) does not apply— (a) in relation to a recognised firearms club; or (b) if all the ammunition purchased or sold in a 12 month period was the subject of 1 or more transactions entered into on the same day at an auction. 11—Employment of persons by licensed dealers (1) If a licensed dealer employs a disqualified person in the business of the dealer, the dealer and the disqualified person are each guilty of an offence. Maximum penalty: $35 000 or imprisonment for 7 years. (2) It is a defence to a charge against a licensed dealer for an offence under subsection (1) to prove that the dealer did not know, and could not reasonably be expected to have known, that the person employed in the business of the dealer was in fact a disqualified person. (3) It is a defence to a charge against a person employed in the business of a dealer for an offence under subsection (1) to prove that the person did not know, and could not reasonably be expected to have known, that he or she was disqualified from being employed in the business. (4) If a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to firearms, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person— (a) to carry on the business of a dealer; or (b) to possess and use firearms as an employee of a licensed dealer. (5) If a licensed dealer employs a person in the business of the dealer who, in the course of the person's employment, will have access to ammunition, the dealer and the person are each guilty of an offence unless the person holds a firearms licence authorising the person to possess and use firearms, or to possess ammunition, as an employee of a licensed dealer. (6) Subsection (4) does not apply to the employment by a licensed dealer of the holder of a firearm refurbishment permit for the purposes of undertaking processes authorised by the permit in the ordinary course of the dealer's business under the licence. disqualified person—a person is a disqualified person for the purposes of this section if— (a) a firearms licence held by the person (whether under this Act or the repealed Act) has, within the preceding 5 years, been cancelled; or (b) an application for a licence or permit made by the person under this Act or the repealed Act within the preceding 5 years was refused on the ground— (i) that the applicant was not a fit and proper person to hold the licence or permit; or (ii) that to grant the licence or permit would be contrary to the public interest; or (c) the person has, within the preceding 5 years, been found guilty of— (i) an indictable offence or an offence that if committed in this jurisdiction would be an indictable offence; or (ii) an offence under this Act or the repealed Act; or (iii) an offence as prescribed by the regulations; or (d) the person is the subject of— (i) a firearms prohibition order; or (ii) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or (iii) a foreign restraining order; or (iv) a control order under the Serious and Organised Crime (Control) Act 2008; or (e) the person is a member of, or a participant in, a criminal organisation; employ a person includes engage the person as an agent.