Part 4Registration of firearms

Part 4—Registration of firearms 26—Application of Part This Part does not apply to— (a) a firearm in the possession of a licensed dealer in the ordinary course of the person's business under the licence; or (b) a firearm in the possession of a person in prescribed circumstances; or (c) a receiver in the possession of a person in whose name a firearm of which the receiver forms part is registered (whether the firearm is assembled or disassembled). 27—Requirement to register firearms (1) A person is guilty of an offence if the person has possession of an unregistered firearm. (2) It is a defence to a charge of an offence under subsection (1) to prove that the firearm came into the defendant's possession lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered by the time of the alleged offence. (3) A person who is the owner of a firearm is guilty of an offence if the firearm is not registered in the person's name. (4) Subsection (3) does not apply to— (a) the owner of a firearm if the registration of the firearm is cancelled under section 30(6); or (b) a person who is the owner of a firearm by virtue of his or her possession of the 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. (5) It is a defence to a charge of an offence under subsection (3) to prove that ownership of the firearm passed to the defendant lawfully not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered in the defendant's name by the time of the alleged offence. (6) The maximum penalty for an offence under this section is as follows: (a) if the firearm is a prescribed firearm—$35 000 or imprisonment for 7 years; (b) if the firearm is a category C, D or H firearm—$20 000 or imprisonment for 4 years; (c) if the firearm is any other category of firearm—$10 000 or imprisonment for 2 years. 28—Registration of firearms (1) An application for registration of a firearm— (b) must be accompanied by any documents required by the Registrar; and (c) must be accompanied by the fee prescribed by the regulations. (2) The Registrar may require an applicant to furnish any information the Registrar requires to determine the application. (3) The Registrar may only refuse an application for registration of a firearm if the Registrar is satisfied that— (a) acquisition of the firearm by the applicant was not authorised by a permit in contravention of this Act; or (b) the applicant improperly obtained a permit to acquire the firearm; or (c) the applicant would not, having regard to the firearm sought to be registered and the current circumstances, be entitled to be granted a permit to acquire the firearm; or (d) the applicant is not the owner of the firearm; or (e) the firearm does not have an identifying mark as required under section 29. 29—Registered firearms to have identifying marks (1) A firearm that is required to be registered under this Act must have an identifying mark that complies with the requirements of this section. (2) The identifying mark for a firearm must comply with the following: (a) the mark must consist of a number, or a combination of a number and a letter or letters, that is of at least 4 characters and unique to the firearm; (b) the mark must be stamped or engraved into part of the metal structure of the firearm on the outside surface of the firearm where it can be easily seen and, if possible, on the receiver of the firearm; (c) the characters must be at least 2 millimetres in height and must be stamped to form an indentation to a depth, or be engraved to a depth, of at least 0.5 millimetres. (3) However, a firearm will be taken to have an identifying mark that complies with the requirements of this section if the firearm is identified in some other way approved by the Registrar. (4) If a firearm that is produced for registration does not have an identifying mark as required under this section, the Registrar must give directions as to the form of the identifying mark for the firearm and the owner of the firearm must produce the firearm to a police officer within 14 days with an identifying mark in compliance with the Registrar's directions. (a) if the firearm is a prescribed firearm—$20 000 or imprisonment for 4 years; (b) if the firearm is a category C, D or H firearm—$10 000 or imprisonment for 2 years; (c) if the firearm is any other category of firearm—$5 000 or imprisonment for 1 year. (5) A person is guilty of an offence if the person— (a) defaces, alters or removes the identifying mark of a firearm without the authority of the Registrar; or (b) has possession of a firearm that does not have an identifying mark as required under this section. (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. (6) For the purposes of this Act, a firearm does not have an identifying mark as required under this section if the identifying mark has been defaced, altered or removed without the authority of the Registrar. 30—Cancellation of registration (1) The Registrar may, by written notice served personally or by registered post on the person in whose name a firearm is registered, cancel the registration of the firearm if the Registrar is satisfied that, having regard to the firearm and the current circumstances, the person would not be entitled to obtain registration of the firearm. (2) A notice served on a person under this section must set out the Registrar's reasons for the cancellation. (3) If the Registrar cancels the registration of a firearm under subsection (1) and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section. (4) If the registration of a firearm is cancelled under subsection (1), the person in whose name the firearm was registered must surrender the firearm to the Registrar— (a) if served personally with notice of cancellation of the registration—immediately; or (b) if served with notice of the cancellation of the registration by registered post—within 7 days of service of the notice. Maximum penalty: $50 000 or imprisonment for 10 years. (5) If a person has ceased to be the owner of a firearm, registration of the firearm in that person's name is cancelled by registration of the firearm in the name of the subsequent owner. (6) If the person in whose name a firearm is registered gives the Registrar written notice of the loss or theft of the firearm, registration of the firearm is cancelled on receipt of the notice by the Registrar.