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Firearms Act 2015
Part 1Preliminary
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Part 1—Preliminary
1—Short title
This Act may be cited as the Firearms Act 2015.
3—Principles and objects of Act
(1) The underlying principles of this Act are—
(a) to confirm firearm possession and use as a privilege that is conditional on the overriding need to ensure public safety; and
(b) to improve public safety—
(i) by imposing strict controls on the possession, use, acquisition, supply and manufacture of firearms; and
(ii) by promoting the safe and responsible storage, transport and use (whether for recreational or other purposes) of firearms; and
(c) to facilitate a nationally consistent approach to the control of firearms.
(2) The objects of this Act are as follows:
(a) to ensure that the possession and use of automatic and self-loading firearms is permitted only in strictly limited circumstances;
(b) to establish an integrated licensing and registration scheme for all firearms;
(c) to require each person who possesses or acquires a firearm or ammunition under the authority of a licence or permit to have established a genuine reason to possess or acquire the firearm or ammunition;
(d) to provide strict requirements that must be satisfied in relation to firearms and transactions and activities involving firearms, including requirements to ensure the safe and secure storage and transport of firearms;
(e) to reduce the number of firearms that are in unlawful possession in the community through a general amnesty;
(f) to prevent or restrict persons and organisations from accessing, possessing or using firearms for criminal purposes;
(g) to minimise the risk of persons becoming victims of crimes involving the use or threatened use of firearms;
(h) to minimise the risk of persons causing injury or harm (including psychological harm) to themselves or others by the use or threatened use of firearms.
4—Interpretation
(1) In this Act, unless the contrary intention appears—
accredited paint-ball employee means a person accredited in accordance with the regulations to possess or use a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds as an employee of the operator;
acquire means acquire through purchase, gift, loan or hire;
air gun—see section 5;
ammunition means ammunition suitable for use in a firearm, and includes—
(a) an article consisting of a cartridge case fitted with a live primer and a projectile; and
(b) an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile; and
(c) live primers, propellants and blank cartridges; and
(d) an article of a kind declared by the regulations to be ammunition,
but does not include—
(e) inert blank cartridges; or
(f) inert drill rounds; or
(g) snap caps or other item designed to fit in the breech or chamber for the purpose of preventing damage to the firing pin; or
(h) paint-balls; or
(i) an article of a kind declared by the regulations not to be ammunition;
antique firearm—see section 5;
arms fair means an event involving the temporary display of firearms, firearms parts or ammunition for the purposes of sale or exhibition and to which the general public has access;
Australian citizen means an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;
automatic firearm—see section 5;
cartridge case means a container made of brass, plastic or other material that is designed to contain propellant, house a primer at the rear, hold 1 or more projectiles at the front and function as a gas seal during firing;
category A, category B, category C, category D, category H firearms—see section 5;
code of practice means a code of practice for the security, storage or transport of firearms and ammunition under Part 6;
collectors' club means a recognised firearms club that—
(a) is established to foster the interests of persons who collect, or collect and display, firearms; and
(b) does not include as part of its regular activities the shooting of firearms;
commercial range operator means a person who carries on the business of providing—
(a) a shooting range (not being a shooting gallery) for use by members of the public; and
(b) firearms for use by members of the public at the range;
company includes a body corporate;
company's principal nominee—see section 16;
company's secondary nominee—see section 16;
contravention includes failure to comply;
criminal intelligence means information relating to actual or suspected criminal activity (whether in South Australia or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;
criminal organisation has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;
dealer means a person—
(a) who carries on the business of purchasing, selling or hiring out firearms, firearm parts or ammunition; or
(b) who carries on the business of a pawnbroker or auctioneer and handles firearms, firearm parts or ammunition in the course of that business; or
(c) who carries on the business of repairing, modifying or testing firearms or firearm parts; or
(d) who carries on the business of holding or storing firearms or firearm parts for the purpose of repair, safekeeping or disposal;
director of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
firearm means—
(a) a device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; or
(b) a device of a kind declared by the regulations to be a firearm,
and includes a receiver of a firearm and any device or devices which (whether or not rendered temporarily or permanently unusable) would, if in working order, or if assembled and in working order, be a firearm within the meaning of this definition but does not include—
(c) an antique firearm; or
(d) a device of a kind declared by the regulations not to be a firearm;
firearm part means a barrel, firing mechanism, magazine, cylinder, hammer, bolt, breech block or slide designed as, or reasonably capable of forming, part of a firearm;
firearm refurbishment permit means a permit issued under the regulations authorising a person who carries on the business of refurbishing firearms to possess firearms for the purpose of that business;
firearms club means a club for the benefit of enthusiasts who are interested in firearms generally or in a particular category of firearm;
firearms licence means a firearms licence in force under Part 2;
firearms prohibition order means an order in force under Part 8 (including an interim firearms prohibition order);
firing mechanism of a firearm means the mechanism of the firearm that is designed for the purpose of firing the firearm and includes a trigger mechanism or firing pin;
fit and proper person—see section 7;
foreign firearms dealer means a person who is authorised, under legislation of a jurisdiction outside this State, to carry on the business of a dealer by an instrument that is, in the opinion of the Registrar, equivalent to a licence authorising a person to carry on the business of a dealer under this Act;
foreign firearms dealer permit means a permit issued under the regulations authorising the display, purchase, sale or use of firearms, firearm parts or ammunition by a foreign firearms dealer at an arms fair;
foreign restraining order means a foreign intervention order within the meaning of the Intervention Orders (Prevention of Abuse) Act 2009 or a foreign restraining order within the meaning of the Summary Procedure Act 1921;
foreign theatrical armourer means a person whose usual place of residence is in another jurisdiction who is authorised to possess or use a firearm for the purpose of film, television or theatre production under the law of his or her usual place of residence;
foreign theatrical armourer permit means a permit issued under the regulations authorising a foreign theatrical armourer to possess or use a firearm for the purpose of film, television or theatre production in South Australia;
gift includes the transfer of ownership of a firearm to a beneficiary of a deceased estate in the distribution of the estate;
grounds of a recognised firearms club means grounds provided or arranged to be provided by or on behalf of a recognised firearms club for use by members of the club;
grounds of a recognised paint‑ball operator means grounds provided or arranged to be provided by or on behalf of a recognised paint‑ball operator for use by participants in an organised activity involving the use of paint‑ball firearms;
handgun—see section 5;
identifying mark of a firearm—see section 29;
interim firearms prohibition order—see section 43;
international visitor firearms permit means a permit issued under the regulations to authorise a person who is visiting, or who intends visiting, Australia—
(a) to possess and use a firearm for the purpose of competitive shooting or hunting; or
(b) to possess and use a firearm for the purpose of providing personal security services for a foreign dignitary or official; or
(c) to possess and use a firearm for a purpose prescribed by the regulations;
licence means a firearms licence;
licensed dealer means the holder of a licence authorising the person to carry on the business of a dealer under this Act, or the holder of a licence under corresponding legislation of another State or Territory of the Commonwealth to carry on the business of a dealer;
licensee means the holder of a firearms licence;
loading mechanism of a firearm means all the parts of the firearm (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the firearm (if any);
loan, in relation to a firearm, includes any grant of the use of the firearm to a person on the understanding that it will be returned (other than under a hire agreement);
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
member, of a criminal organisation, includes an associate member or prospective member, however described;
owner of a firearm includes a person who has possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent;
paint-ball means a projectile primarily containing dye, paint or other marking substance designed to mark a person or object;
paint-ball firearm—see section 5;
paint‑ball operator means a person who carries on the business of providing or arranging for the provision of grounds for use by participants in an organised activity involving the use of paint‑ball firearms (but not involving the use of any other firearms);
participant, in a criminal organisation, has the same meaning as in Part 3B Division 2 of the Criminal Law Consolidation Act 1935;
permanent resident means a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth;
possession—see section 6;
prescribed firearm—see section 5;
prohibited firearm accessory means an item, or an item of a class, prescribed by the regulations that may be fitted to or used in conjunction with a firearm;
psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
public safety notice—see section 60;
pump action shotgun—see section 5;
purchase includes acquire by barter or exchange;
receiver of a firearm means the body or frame of the firearm that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the firearm;
recognised coach means a person recognised by a shooting club as being a fit and proper person to instruct others in the skills of using firearms;
recognised commercial range operator means a commercial range operator declared to be a recognised commercial range operator under the regulations;
recognised firearms club means a firearms club declared to be a recognised firearms club under the regulations;
recognised paint‑ball operator means a paint‑ball operator declared to be a recognised paint‑ball operator under the regulations;
refurbishing a firearm means bluing or chroming the firearm, or undertaking other processes in relation to the firearm, to enhance its appearance or structural integrity, but does not include repairing the firearm;
registered means registered under this Act;
Registrar—see Part 10;
relative of a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;
repealed Act means the Firearms Act 1977 repealed by this Act;
restricted firearm mechanism means a mechanism or other fitting—
(a) that can be fitted to a firearm to convert it to an automatic firearm; or
(b) that, when fitted to a suitable firearm, will enable the firearm to fire grenades or other explosive projectiles;
round means an unfired complete live cartridge;
sale includes the disposal of a firearm by barter or exchange;
self-loading firearm—see section 5;
shooting club means a recognised firearms club that includes amongst its regular activities the shooting of firearms;
shooting gallery means an indoor or outdoor gallery at which members of the public can use shooting gallery firearms that are attached to a shooting bench to shoot at stationary or moving targets;
shooting gallery firearm means—
(a) a .177 calibre air gun; or
(b) a handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant; or
(c) a firearm of a prescribed kind;
sound moderator means a device designed or adapted to be attached to, or comprising part of, a firearm to muffle the report when the firearm is fired and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator;
spouse—a person is the spouse of another if they are legally married;
supply means supply through sale, gift, loan or hire;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2) For the purposes of this Act, the capacity of a magazine that has been modified to reduce its capacity will only be regarded as having the reduced capacity, instead of its capacity as manufactured, if it has been modified in a manner approved by the Registrar.
5—Categories and types of firearms
(1) Firearms are divided into the following categories for the purposes of this Act:
(a) category A firearms consisting of the following:
(i) air guns;
(ii) paint‑ball firearms;
(iii) rim fire rifles (not being self‑loading rifles);
(iv) shotguns (not being self‑loading, pump action or lever action shotguns);
(v) break action combination shotguns and rim fire rifles;
(b) category B firearms consisting of the following:
(i) muzzle loading firearms (not being handguns);
(ii) revolving chamber rifles;
(iii) centre fire rifles (not being self‑loading centre fire rifles);
(iv) multiple barrel centre fire rifles that are not designed to hold additional rounds in a magazine;
(v) break action combination shotguns and rifles (not being break action combination shotguns and rim fire rifles);
(va) lever action shotguns having a magazine capacity of 5 rounds or less;
(vi) all other firearms (not being prescribed firearms, handguns, self‑loading firearms, pump action shotguns or lever action shotguns having a magazine capacity of more than 5 rounds) that are not category A firearms;
(c) category C firearms consisting of the following:
(i) self‑loading rim fire rifles having a magazine capacity of 10 rounds or less;
(ii) self‑loading shotguns having a magazine capacity of 5 rounds or less;
(iii) pump action shotguns having a magazine capacity of 5 rounds or less;
(d) category D firearms consisting of the following:
(i) self‑loading rim fire rifles having a magazine capacity of more than 10 rounds;
(ii) self‑loading centre fire rifles;
(iii) self‑loading shotguns having a magazine capacity of more than 5 rounds;
(iv) pump action shotguns having a magazine capacity of more than 5 rounds;
(v) lever action shotguns having a magazine capacity of more than 5 rounds;
(e) category H firearms consisting of handguns (not being prescribed firearms);
(f) prescribed firearms consisting of the following:
(i) automatic firearms;
(ii) mortars, bazookas, rocket propelled grenades and similar military firearms designed to fire explosive projectiles;
(iii) firearms designed to fire projectiles containing tear gas or any other lachrymatory substance or any nauseating substance or poison (but not firearms designed to tranquillise, immobilise or administer vaccines or other medicines to animals);
(iv) firearms designed to have the appearance of other objects;
(v) firearms of a kind declared by the regulations to be prescribed firearms.
(2) In this Act—
air gun means a firearm (other than a handgun) designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant;
antique firearm means a firearm that—
(a) was manufactured before 1900; and
(b) is kept solely for curiosity, display, ornamental or investment purposes; and
(c) is not used to fire projectiles; and
(d) —
(i) in the case of a firearm other than a category H firearm—
(A) is designed to fire breech loading cartridges and is a firearm the ammunition for which is not ordinarily available for purchase by retail in Australia; or
(B) is not designed to fire breech loading cartridges; or
(ii) in the case of a category H firearm—is a handgun designed or altered to fire by means of a flintlock, matchlock, wheel‑lock or other system used prior to the use of percussion caps as a means of ignition;
automatic firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds automatically while the trigger is held in that position;
handgun means a firearm with a barrel length of less than 400 millimetres that is designed or adapted for aiming and firing from the hand and is reasonably capable of being carried concealed about the person;
paint‑ball firearm means an air gun designed to fire paint-balls;
pump action shotgun means a shotgun that is reloaded manually by moving the forward hand grip which is part of the loading mechanism of the gun backwards and then forwards;
self‑loading firearm means a firearm that is designed to fire a round when the trigger is brought to the firing position and to continue to fire 1 or more rounds by releasing the trigger and returning it to the firing position to fire each additional round, but does not include a shotgun that is a category A or B firearm that is not designed to hold additional rounds in a magazine.
(3) For the purposes of this Act, a reference to a firearm of a particular category or kind includes—
(a) a reference to a receiver of a firearm of that particular category or kind; and
(b) a reference to a device that would, if in working order, or if assembled and in working order, be a firearm of that category or kind.
(4) The regulations may amend the categories of firearms or definitions prescribed by this section, including by adding a new category or definition.
6—Possession of firearms etc
(1) This section applies to the following items:
(a) a firearm;
(b) a firearm part;
(c) a prohibited firearm accessory;
(d) a sound moderator;
(e) a restricted firearm mechanism;
(f) ammunition.
(2) For the purposes of this Act (other than section 25), a person has possession of an item to which this section applies if—
(a) the person has physical possession or control of the item or has the item in the physical possession or control of another; or
(b) the person has and exercises access to the item; or
(c) the person controls access to the item; or
(d) the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the item is found.
(3) However, subsection (2)(d) does not apply if the person proves that—
(a) he or she did not know, and could not reasonably be expected to have known, that the item was on or in the premises, vehicle, vessel or aircraft; or
(b) the item was in the lawful possession of another or he or she believed on reasonable grounds that the item was in the lawful possession of another.
(4) For the purposes of this Act, if 2 or more persons who occupy or are present on or in the same premises, vehicle, vessel or aircraft, or are in each other's company, have different firearm parts in their physical possession or control which would constitute a firearm if assembled and in working order, each of the persons will be taken to possess the firearm.
7—Fit and proper person
(1) A person is not a fit and proper person for a purpose under this Act if—
(a) the person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth; or
(b) a firearms prohibition order applies to the person or a similar order under corresponding legislation of another State or Territory of the Commonwealth applies to the person.
(2) A person who has a physical or mental illness, condition or disorder, or in relation to whom other circumstances exist, that would make it unsafe for him or her to possess a firearm or ammunition is not a fit and proper person for a purpose under this Act.
(3) A person may be taken not to be a fit and proper person for a purpose under this Act if the person—
(a) has not complied with the requirements of this Act in relation to the safe handling, use, storage or transport of firearms; or
(b) has been found guilty of an offence under this Act, the repealed Act or corresponding legislation of another State or Territory of the Commonwealth; or
(c) has been found guilty of an offence involving actual or threatened violence in South Australia or any other State or Territory of the Commonwealth or in any other part of the world; or
(d) has been found guilty of an offence as prescribed by the regulations; or
(e) has been found guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation of another State or Territory of the Commonwealth; or
(f) is the subject, or has in the past been the subject, of—
(i) 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
(ii) a foreign restraining order; or
(g) has failed to comply with a requirement made under section 53.
(4) In deciding whether a person is a fit and proper person for a purpose under this Act—
(a) regard may be had to the reputation, honesty and integrity of the person, close associates of the person and any people with whom the person associates; and
(b) regard must be had to—
(i) any risk of the person using a firearm for an unlawful purpose; or
(ii) any risk of the person using a firearm to harm himself or herself; or
(iii) any risk that the person will cause injury or harm to another by the use or threatened use of a firearm; or
(iv) any risk of the person failing to exercise continuous and responsible control over a firearm,
and, in that connection, regard may be had to the person's past behaviour, instability, intemperate habits, way of living or domestic circumstances.
(5) A person may be taken not to be a fit and proper person for a purpose under this Act if the person has made a threat of violence, or stated the intention, or sought, to acquire or use a prescribed firearm or any firearm for an unauthorised purpose.
(6) For the purposes of this Act, persons are close associates if—
(a) 1 is a relative of the other; or
(b) they are in partnership; or
(c) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or
(d) 1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or
(e) 1 is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or
(f) 1 is a trustee of a trust and the other is a beneficiary of the trust or, in the case of a discretionary trust, an object of the trust; or
(g) 1 has a right to participate, or participates, (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or
(h) 1 is in a position to exercise, or exercises, control or significant influence over the conduct of the other.
(7) This section does not limit the grounds on which a person may be taken not to be a fit and proper person for a purpose under this Act.
8—Application of Act
(1) This Act (other than section 51) does not apply to the Crown in right of this State or to the Crown in any other capacity.
(2) Subject to subsection (3), this Act does not apply to—
(a) (international visitor firearms permits) the possession or use of a firearm by a person who holds an international visitor firearms permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(b) (foreign theatrical armourer permits) the possession or use of a firearm by a person who holds a foreign theatrical armourer permit, provided that the person's possession or use of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(c) (foreign firearms dealer permits) the possession or use of a firearm, a firearm part or ammunition by a person who holds a foreign firearms dealer permit, provided that the person's possession or use of the firearm, firearm part or ammunition is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(d) (firearm refurbishment permits) the possession of a firearm by a person who holds a firearm refurbishment permit, provided that the person's possession of the firearm is authorised by the permit and the person acts in accordance with the conditions of the permit; or
(e) (shooters at commercial ranges or shooting galleries) a person's possession or use of a category A, B or H firearm on the range of a recognised commercial range operator, or of a shooting gallery firearm at a shooting gallery, in the ordinary course of the operation of the range or gallery, provided that the operator of the range or gallery holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the range or at the gallery is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or
(f) (adult shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 18 years of age or more on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that the person's possession or use of the firearm on the grounds is under the continuous supervision of a person who holds a licence authorising possession of the firearm for the purpose; or
(g) (junior shooters on grounds of shooting club) the possession or use of a category A, B or H firearm by a person 10 years of age or more but under the age of 18 years on the grounds of a shooting club for the purpose of shooting in a manner authorised by the club, provided that—
(i) the person is a member of a shooting club; and
(ii) the person is (with the consent of his or her parent or guardian) with, and is under the continuous supervision of, a recognised coach who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(h) (accredited paint‑ball employee) a person's possession or use of a paint‑ball firearm as an employee of a recognised paint‑ball operator on the grounds of the paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the person is an accredited paint‑ball employee; or
(i) (paint‑ball shooters) the possession or use of a paint‑ball firearm by a person 10 years of age or more on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations on the grounds, provided that the paint‑ball operator holds a firearms licence authorising possession of the firearm for the purpose and the possession or use of the firearm on the grounds is under the supervision of—
(i) the operator; or
(ii) a person who is engaged as an employee in the business of the operator; or
(j) (transport and storage businesses) a person's possession of a firearm (other than a prescribed firearm), in the ordinary course of the business of transporting or storing goods (other than as a dealer), except that the person carrying on the business must comply with the requirements of this Act relating to the transport or storage of firearms, firearm parts or ammunition; or
(k) (executors, administrators etc) a person's possession of a firearm in a representative capacity while authorised under an Act or law to manage the estate or property of another who has died, lacks legal capacity, is unable to manage his or her affairs or is insolvent, provided that the person—
(i) provides the Registrar, not more than 28 days after coming into possession of the firearm, with written notice in a form approved by the Registrar giving details of the firearm and the circumstances in which the firearm has come into the person's possession; and
(ii) ensures that the transport or storage of the firearm is in compliance with the requirements of this Act relating to the transport or storage of firearms; and
(iii) disposes of the firearm, as soon as practicable but in any event within 28 days of the person coming into its possession, to a person authorised under this Act to have possession of it or by surrendering it to the Registrar; or
(l) (inspecting dealer's stock) a person's handling of a firearm—
(i) at the premises of a licensed dealer; or
(ii) in the presence of a licensed dealer or a person who holds a foreign firearms dealer permit at an arms fair,
for the purpose of inspecting the firearm; or
(m) (testing dealer's stock) a person's possession or use of a firearm that the person is considering acquiring from a licensed dealer or a person who holds a foreign firearms dealer permit, for the purpose of testing the firearm, provided that—
(i) the possession and use occurs in the presence, and under the supervision, of the licensed dealer or person holding the foreign firearms dealer permit; and
(ii) the person holds a firearms licence authorising possession of the category of firearm; and
(iii) the possession and use occurs—
(A) at a place approved by the Registrar for the purposes of this paragraph; or
(B) in the case of a category A, B or H firearm—on the range of a recognised commercial range operator if the use of the category of firearm is permitted by, and is in accordance with, the rules of the recognised commercial range operator and the conditions of the approval of the range of the commercial range operator; or
(C) in the case of a category A, B, C or H firearm—on the grounds of a shooting club if the use of the category of firearm is permitted by, and is in accordance with, the rules of the club and the conditions of the approval of the grounds of the club; or
(n) (handling in presence of owner) a person's handling of a firearm in the presence, and with the consent, of another who holds a firearms licence authorising possession of the firearm and is the registered owner of the firearm or an employee or agent of the registered owner of the firearm; or
(o) (safety training) a person's possession or use of a firearm for the purpose of training or an examination in the safe handling, use, storage and transport of firearms if the person is with, and is under the continuous supervision of, a person authorised by the Registrar to conduct the training or examination; or
(p) (supervised use) the possession or use of a category A, B or H firearm by a person 18 years of age or more (other than as an employee of a licensed dealer) if the person is with, and is under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(q) (supervised use by 14 to 18 year‑olds) the possession or use of a category A, B or H firearm by a person 14 years of age or more but under the age of 18 years if—
(i) the person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and
(ii) the person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(r) (supervised use by 10 to 14 year‑olds) the possession or use of a category A firearm or an air handgun by a person 10 years of age or more but under the age of 14 years if—
(i) the person is with, and is under the continuous supervision of, his or her parent or guardian or some other person approved by his or her parent or guardian; and
(ii) the person providing the supervision holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; or
(s) (possession on behalf of Crown) the possession of a firearm by a person on behalf of the Crown.
(3) A person is not excluded from the application of this Act under subsection (2) if the person—
(a) is suspended from holding a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth; or
(b) has been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; or
(c) is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or
(d) handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm.
(4) If this Act does not apply to the possession or handling of a firearm by a person in circumstances referred to in subsection (2), this Act does not apply to the acquisition of the firearm by the person in those circumstances.
(5) The regulations may exempt, or empower the Registrar to exempt, classes of persons or firearms from the application of this Act or provisions of this Act, absolutely or subject to conditions.
(6) The Registrar may exempt a specified person, absolutely or subject to conditions, from specified provisions of this Act and may vary or revoke an exemption by written notice served personally or by registered post on the holder of the exemption.
air handgun means a handgun designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant.