Part 15Transitional provisions

Part 15—Transitional provisions 25—Interpretation In this Part— transition period means the period of 12 months from the commencement of this clause. 26—Licences continued (1) A firearms licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a firearms licence of the corresponding category issued under this Act that— (a) authorises the possession and use of the same firearms or categories of firearms for the same purpose or purposes as the licence under the repealed Act; and (b) is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. (2) A firearms licence that authorised the licensee to act as a dealer's assistant in force under the repealed Act immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence, or for 12 months following that commencement, whichever is the lesser period, as if it were a licence under this Act that— (a) authorises the licensee to possess and use firearms, or to possess ammunition, only as an employee of a licensed dealer; and (b) authorises the possession and use of firearms, firearm parts or ammunition for the purpose of the business of a licensed dealer, being firearms, firearm parts or ammunition of the same categories or kinds as the licensee was authorised to possess and use by the licence under the repealed Act; and (c) is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. (3) Subject to this Act, section 11(5) does not apply, until the end of the transition period, in respect of a person who, immediately before the commencement of this clause, was an employee of a licensed dealer authorised under the repealed Act to deal in ammunition only, and who, immediately after the commencement of this clause has access to ammunition in the course of his or her employment with that dealer. (4) A dealer's licence in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the licence as if it were a licence that— (a) authorises the licensee to carry on the business of a dealer; and (b) authorises the possession and use of firearms, firearm parts and ammunition for the purpose of the business of the dealer, being firearms, firearm parts and ammunition of the same categories or kinds as the dealer was authorised to deal in by the licence under the repealed Act; and (c) is subject to the conditions and limitations applicable to a licence of that category under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 27—Firearms permits A firearms permit in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a firearms licence under this Act that— (a) authorises, for the purpose only of use in a primary production business, the possession of the same firearms or categories of firearms as the firearms permit under the repealed Act; and (b) is subject to the conditions and limitations applicable to a licence under this Act that authorises the possession and use of firearms for the purpose of primary production, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 28—Permits to acquire firearms continued A permit to acquire a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a corresponding permit issued under this Act. 29—Registration of firearms continued Registration of a firearm in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were registration of the firearm under this Act. 30—Registration of prescribed firearms Section 27 does not apply, during the transition period, to a prescribed firearm in the possession of the holder of a firearms licence that authorised possession of the prescribed firearm under the repealed Act immediately before the commencement of that period. 31—Possession, use and registration of firearms that were not firearms under repealed Act (1) If a device that is a firearm within the meaning of this Act was not a firearm within the meaning of the repealed Act— (a) this Act does not apply, during the transition period, to the possession or use of the device; and (b) section 27(3) does not apply, during the transition period, to the owner of the device. (2) Despite sections 14(1)(c) and 28(1)(c)— (a) no application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm was, under the repealed Act, a deactivated firearm and— (i) the applicant was in lawful possession of the firearm before the commencement of this clause; and (ii) the application is made before the end of the transition period; and (b) no application fee is payable in relation to an application for a licence authorising possession of a firearm, or an application for the registration of a firearm, if the firearm is a firearm within the meaning of this Act but was not a firearm within the meaning of the repealed Act because it was not designed to be carried by hand and— (i) the applicant was in lawful possession of the firearm before the commencement of this clause; and (ii) the application is made before the end of the transition period; and (iii) the Registrar is satisfied that the applicant is— (A) a museum to which access is permitted to the public, whether for free or on payment of money; or (B) the RSL or a sub-branch of the RSL; or (C) a genuine collector of firearms of historical or other significance and genuinely has possession of the firearm for that purpose; and (c) no application fee is payable in relation to an application for renewal of a licence authorising possession of a firearm made after the end of the transition period if, under paragraph (a) or (b), no application fee was payable in relation to the application for the grant of the licence in respect of that firearm. (3) If an application for a licence, or for the renewal of a licence, to which subclause (2) applies also includes an application for authorisation to possess a firearm that does not fall within the ambit of that subclause, then that subclause does not operate to preclude the requirement for payment of an application fee in respect of the application insofar as it relates to the additional firearm. (4) In this clause— deactivated firearm means a device that was not a firearm for the purposes of the repealed Act because it had been rendered unusable in a manner stipulated in the regulations under that Act or by the Registrar; RSL means the Returned & Services League of Australia (S.A. Branch) Incorporated. 32—Permits to acquire ammunition continued A permit to acquire ammunition in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, for the balance of the term of the permit as if it were a permit to possess ammunition issued under this Act, subject to the condition and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 33—Recognised firearms clubs and their grounds (1) A firearms club that is a recognised firearms club, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the club were a recognised firearms club under this Act. (2) An approval of grounds of a recognised firearms club in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 34—Commercial range operators and their ranges (1) A commercial range operator who is a recognised commercial range operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised commercial range operator under this Act. (2) An approval of a range of a recognised commercial range operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the range under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 35—Paint‑ball operators and their grounds (1) A paint‑ball operator who is a recognised paint‑ball operator, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if the person were a recognised paint‑ball operator under this Act. (2) An approval of grounds of a recognised paint‑ball operator in force, under the repealed Act, immediately before the commencement of this clause continues in force, subject to this Act, as if it were an approval of the grounds under this Act, subject to the conditions and limitations applicable to the approval under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. 36—Accredited paint‑ball employees A person who possesses or uses a paint‑ball firearm on the grounds of a recognised paint‑ball operator in the ordinary course of paint‑ball shooting operations as an employee of the operator for the purposes of the business of the operator is not, during the transition period, required to be an accredited paint‑ball employee in order for section 8(2)(h) to operate in relation to the person. 37—Continuation of applications (1) An application for a firearms licence, or for renewal of a firearms licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, made under Part 2 Division 3 of this Act for a firearms licence of the corresponding category under this Act and is to be dealt with accordingly. (2) An application for a dealer's licence, or for renewal of a dealer's licence, made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a firearms licence, or for renewal of a firearms licence, authorising the licensee to carry on the business of a dealer made under Part 2 Division 3 of this Act and is to be dealt with accordingly. (3) An application for registration of a firearm made under Part 4 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for registration of a firearm made under Part 4 of this Act and is to be dealt with accordingly. (4) An application for a permit authorising the acquisition of a firearm made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to acquire a firearm made under Part 3 of this Act and is to be dealt with accordingly. (5) An application for a permit entitling the holder to acquire ammunition made under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for a permit to possess ammunition made under Part 5 of this Act and is to be dealt with accordingly. (6) An application for recognition of a firearms club, paint-ball operator or commercial range operator made to the Minister under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for recognition of a firearms club, paint-ball operator or commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly. (7) An application for approval of the grounds of a recognised firearms club or recognised paint-ball operator, or for approval of the range of a recognised commercial range operator, made to the Registrar under Part 3 of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval of the grounds of the firearms club or paint-ball operator, or for approval of the range of the commercial range operator (as the case requires) made under the regulations under this Act and is to be dealt with accordingly. (8) An application for the approval of the Registrar made under section 27AA of the repealed Act but not finally determined immediately before the commencement of this clause is to be taken to be an application to the Registrar for approval made under section 38 of this Act and is to be dealt with accordingly. (9) If an application within the ambit of this clause satisfies the requirements of the provision of the repealed Act under which it was made, the application will be taken to satisfy the requirements of the provision of this Act under which it is to be taken to have been made subject to any requirements of the Registrar to furnish information he or she requires to determine the application. (10) The regulations may make further provision in relation to the manner in which applications made under the repealed Act that are not finally determined on the commencement of this clause are to be dealt with by the Registrar. 38—Application for renewal of licence (1) Section 15(5) does not apply to an application for renewal of a firearms licence under this Act where the applicant has been found guilty of a prescribed offence if the offence was committed before the commencement of this clause. (2) In this clause— prescribed offence means an offence prescribed for the purposes of section 15(5). 39—Firearms prohibition orders continued (1) A firearms prohibition order or interim firearms prohibition order that applies to or is in force against a person, under the repealed Act, immediately before the commencement of this clause continues, subject to this Act, as if it were such an order under this Act. (2) An exemption given by the Registrar under section 10C(15) of the repealed Act and in force immediately before the commencement of this clause continues as if it were an exemption given by the Registrar under section 45(17). 40—Company nominees (1) A person appointed by a company, under the revoked regulations, to have control of the company's firearms at the place at which they are kept by the company will be taken to be the company's principal nominee until the end of the day on which the transition period expires or until a person is approved as the company's principal nominee under this Act, whichever occurs first. (2) In this clause— revoked regulations means the Firearms Regulations 2008 as in force immediately before the commencement of this clause. 41—Certain other permits, acts and proceedings continued in effect (1) An international visitor firearms permit in force, under the regulations under the repealed Act, immediately before the commencement of this clause continues in force for the balance of the term of the permit, subject to this Act, as if it were a corresponding permit issued under the regulations under this Act, subject to the conditions and limitations applicable to the permit under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. (2) An exemption, approval, authorisation or consent given under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act, subject to the conditions and limitations applicable to the exemption, approval, authorisation or consent under this Act, including any conditions or limitations imposed by the Registrar under the repealed Act or this Act. (3) A requirement, request or agreement made under a provision of the repealed Act or regulations under the repealed Act continues to have effect for the purpose of the corresponding provision of this Act or the regulations under this Act. 42—Suspension of licences and permits The suspension of a licence or permit under the repealed Act in operation immediately before the commencement of this clause continues to operate from that commencement, subject to this Act, as if the licence or permit had been suspended under this Act. 43—Reviews and appeals (1) A decision of the Firearms Review Committee under the repealed Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision of the Tribunal. (2) A right to seek a review under the repealed Act in existence (but not yet exercised) before the relevant day, with the effect that the relevant proceedings would have been commenced before the Firearms Review Committee, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal. (3) Any proceedings before the Firearms Review Committee under the repealed Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal. (4) The Tribunal may— (a) receive in evidence any transcript of evidence in proceedings before the Firearms Review Committee, and draw any conclusions of fact from that evidence that appear proper; and (b) adopt any findings or determinations of the Firearms Review Committee that may be relevant to proceedings before the Tribunal; and (c) adopt or make any decision, direction or order in relation to proceedings before the Firearms Review Committee before the relevant day (including so as to make a decision, direction or order, in relation to proceedings fully heard before the relevant day); and (d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. (5) Nothing in this clause affects a right to appeal to the District Court under section 26C of the repealed Act in force immediately before the relevant day against a decision of the Firearms Review Committee or the Registrar made or given before the relevant day. (6) Nothing in this clause affects any proceedings before the District Court commenced before the relevant day. (7) The Firearms Review Committee is dissolved by force of this subclause. (8) A member of the Firearms Review Committee holding office when subclause (7) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subclause at the same time (and no right of action will arise against a Minister or the State on account of that termination). (9) In this clause— Firearms Review Committee means the Firearms Review Committee established under the repealed Act; relevant day means the day on which this Part comes into operation. 44—Acts Interpretation Act applies The Acts Interpretation Act 1915 applies to the repeal of the Firearms Act 1977 and the enactment of this Act, except to the extent of any inconsistency with the provisions of this Schedule. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Firearms Act 2015 repealed the following: Firearms Act 1977 Legislation amended by principal Act The Firearms Act 2015 amended the following: Bail Act 1985 Correctional Services Act 1982 Criminal Law Consolidation Act 1935 Criminal Law (High Risk Offenders) Act 2015 Criminal Law (Sentencing) Act 1988 Cross-border Justice Act 2009 Intervention Orders (Prevention of Abuse) Act 2009 Protective Security Act 2007 Security and Investigation Industry Act 1995 Sheriff's Act 1978 Summary Offences Act 1953 Young Offenders Act 1993 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Firearms Act 2015 17.12.2015 1.7.2017 (Gazette 27.6.2017 p2619) Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017 Pt 2 (ss 4—6)—18.7.2017: s 2 Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 12 (s 21)—30.4.2018 (Gazette 6.2.2018 p612) Firearms (Miscellaneous) Amendment Act 2021 25.11.2021 24.12.2021 (Gazette 23.12.2021 p4618) Biodiversity Act 2025 26.6.2025 Sch 5 (cl 25)—uncommenced Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025 27.11.2025 Pt 2 (s 3)—19.2.2026 (Gazette 19.2.2026 p361) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 5 s 5(1) amended by 44/2021 s 4(1)—(4) Pt 2 s 12 s 12(1) amended by 27/2017 s 4 Pt 3 s 22 s 22(10) substituted by 44/2021 s 5(1) s 22(14) inserted by 44/2021 s 5(2) Pt 6 heading amended by 27/2017 s 5 Pt 7 s 37A inserted by 60/2025 s 3 19.2.2026 Pt 8 s 45 s 45(16) amended by 27/2017 s 6 Pt 10 s 56 s 56(1) and (3) amended by 29/2025 Sch 5 cl 25 uncommenced—not incorporated s 57 s 57(5) amended by 53/2017 s 21(1), (2) 30.4.2018 Pt 12 s 66A inserted by 44/2021 s 6 Sch 1 Pts 1—14 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with Act or amendments Firearms (Miscellaneous) Amendment Act 2021, Sch 1 1—Transitional provisions—lever action shotguns (1) The following provisions apply to and in respect of a person in whose name a category B lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day: (a) registration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category B firearm; (b) if the firearms licence held by the person immediately before the relevant day does not authorise the person to possess a category B firearm, then the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category B lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day but only for such time as the licence (or any renewal of the licence) is in force under the Act. (2) The following provisions apply to and in respect of a person in whose name a category D lever action shotgun was registered immediately before the relevant day and who was authorised to possess the shotgun under a firearms licence held by the person immediately before the relevant day: (a) the registration of the shotgun in the person's name will, subject to the Act, on and from the relevant day, be taken to be registration as a category D firearm; (b) if the firearms licence held by the person authorises the person to possess a category D firearm for the purpose for which the category D lever action shotgun was authorised immediately before the relevant day, the licence will, subject to the Act and any conditions of the licence, be taken to authorise possession of the category D lever action shotgun for that purpose but only for such time as the licence (or any renewal of the licence) is in force under the Act; (c) for the purposes of paragraph (b)— (i) in the case of a person who holds a category 7 (contract shooter) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 20(3) of the Regulations does not apply in respect of the category D lever action shotgun; and (ii) in the case of a person who holds a category 10 (collector) licence immediately before the relevant day that authorises the person to possess a category D firearm, regulation 23(3) of the Regulations applies in respect of the category D lever action shotgun; (d) if the firearms licence held by the person does not authorise the possession of a category D firearm, or the possession of a category D firearm for the purpose for which the lever action shotgun was authorised immediately before the relevant day, then the person will, subject to the Act and any conditions of the licence, be taken to be the holder of a category 12 (miscellaneous) licence that authorises possession of the specified category D lever action shotgun for the purpose for which it was authorised under the person's licence immediately before the relevant day; (e) regulation 25(11) of the Regulations does not apply in respect of a category 12 (miscellaneous) licence held by a person by virtue of the operation of paragraph (d). (3) To avoid doubt— (a) a person only has the benefit of the transitional arrangements under this clause in respect of a particular lever action shotgun registered in the name of the person immediately before the commencement of this clause and only while the lever action shotgun remains registered in the name of the person; and (b) a person loses the benefit of the transitional arrangements under this clause in respect of that lever action shotgun if its ownership is transferred to another person or it is lost, stolen or destroyed. (4) A permit to acquire a firearm in force before the relevant day that authorises a person to acquire a lever action shotgun does not authorise the person to acquire a lever action shotgun on or after the relevant day (and may be cancelled by the Registrar under section 24 of the Act) unless the person is the holder of— (a) in the case of the acquisition of a category B lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category B firearm for the purpose for which the shotgun is being acquired; or (b) in the case of the acquisition of a category D lever action shotgun—a licence that authorises the person (subject to the Act and conditions of the licence) to possess a category D firearm for the purpose for which the shotgun is being acquired. Note— It is a condition of a category 7 (contract shooter) licence under regulation 20(3) and a category 12 (miscellaneous) licence under regulation 25(11) of the Regulations that authorise possession of a category D firearm that the licensee must have a special need for the firearm that cannot be met by a firearm of any other category and so may not authorise the possession of the category D lever action shotgun (and thus its acquisition under the permit). (5) The Registrar may, at the discretion of the Registrar— (a) require a person to provide to the Registrar a specified certificate of registration or firearms licence in order for the certificate or licence to be updated in accordance with the operation of this clause; and (b) issue (or re‑issue) a certificate of registration to a person in whose name a lever action shotgun is registered to reflect the change in category of firearm effected by the amendments to the Act by this Act; and (c) issue (or re‑issue) a firearms licence held by the person so that the endorsement on the licence reflects the fact that a person is taken to be authorised to possess a specified lever action shotgun, or possess the lever action shotgun for a specified purpose, in accordance with the provisions of this clause; and (d) issue a category 12 (miscellaneous) licence to a person who is taken to hold the licence under this clause that specifies the category D lever action shotgun in respect of which it is issued. (6) Fees that would otherwise be payable in respect of the registration or variation of registration of a firearm, or the granting or variation of a firearms licence, for the purposes of this clause are not payable by a person who has the benefit of any transitional arrangements under this clause. (7) In this clause, unless the contrary intention appears— Act means the Firearms Act 2015; category B lever action shotgun means a lever action shotgun with a magazine capacity of 5 rounds or less; category D lever action shotgun means a lever action shotgun with a magazine capacity of more than 5 rounds; Registrar means the Registrar of Firearms under the Act; Regulations means the Firearms Regulations 2017; relevant day means the day on which this clause comes into operation. Historical versions 30.4.2018