Part 5Acquisition and possession of ammunition

Part 5—Acquisition and possession of ammunition 31—Acquisition and possession of ammunition (1) A person who acquires, owns or has possession of ammunition is guilty of an offence unless— (a) the person is the holder of a firearms licence that authorises possession of a firearm of a category designed to fire that ammunition (not being a licence authorising possession of firearms for the purpose only of collecting, or collecting and displaying, the firearms or a licence authorising possession of a prescribed firearm); or (b) — (i) the person is the holder of a firearms licence authorising possession of a prescribed firearm designed to fire that ammunition; and (ii) use of that ammunition in the prescribed firearm would not be in contravention of a condition of the licence; or (c) the person is the holder of a permit granted by the Registrar under section 32 that authorises the person to possess ammunition of that kind. (2) Subsection (1) does not apply to— (a) the acquisition, ownership or possession of ammunition— (i) by a licensed dealer in the ordinary course of the person's business under the licence; or (ii) by a shooting club for distribution to members of, or visitors to, the club; or (iii) by a person for use by that person in a firearm in circumstances in which that person is not required by this Act to hold a firearms licence (including, subject to subsection (10), where that person is under the age of 18 years); or (b) the acquisition of ammunition by a member of a shooting club from the club (including, subject to subsection (10), where that member is under the age of 18 years); or (c) the acquisition of ammunition from a shooting club by a visitor to the club (including, subject to subsection (10), where that visitor is under the age of 18 years) or the possession of that ammunition by the visitor for use on the grounds of the club in a manner authorised by the club. (3) In proceedings for an offence under subsection (1), the onus is on the defendant to prove that he or she held the required licence or permit when the ammunition was acquired, owned or possessed or that the acquisition, ownership or possession of the ammunition was excluded from the application of this section by virtue of subsection (2). (4) A person who supplies ammunition to another person is guilty of an offence if the other person is not authorised to possess the ammunition. (5) In proceedings for an offence under subsection (4), the onus is on the defendant to prove that he or she was entitled to supply the ammunition to the other person by virtue of subsection (2). (6) A person who has possession of ammunition is guilty of an offence if the ammunition was acquired by another person in contravention of this section. (7) It is a defence to a charge for an offence under subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the ammunition was acquired by the other person in contravention of this section. (8) If the Registrar cancels or suspends a permit authorising possession of ammunition, the Registrar may authorise the person who held the permit to retain the ammunition for disposal, or transfer the ammunition to a licensed dealer for disposal or safekeeping, in accordance with the directions of the Registrar. (9) No criminal liability attaches to a person to the extent that he or she complies with an authorisation of the Registrar, and any related directions, under subsection (8). (10) Despite anything in this section, a person under 18 years of age must not purchase or own ammunition. Maximum penalty: $5 000 or imprisonment for 1 year. (11) A person who sells ammunition to a person under 18 years of age is guilty of an offence. (12) Subject to this section, the maximum penalty for an offence under this section is $10 000 or imprisonment for 2 years. 32—Permits to possess ammunition (1) An application for a permit to possess ammunition— (2) The Registrar may require an applicant to furnish any information the Registrar requires to determine the application. (3) Subject to this section, the Registrar may only refuse an application for a permit to possess ammunition if the Registrar is not satisfied— (a) that the applicant is a fit and proper person to have possession of ammunition of the kind to which the application relates; or (b) that the applicant has a genuine reason to possess the ammunition. (4) When granting a permit, the Registrar must not restrict the kind of ammunition that can be possessed unless it is, in the Registrar's opinion, necessary to do so in order to comply with subsection (3). (5) For the purposes of subsection (3)(b), a person has a genuine reason to possess ammunition if the person— (a) genuinely intends to possess the ammunition for— (i) a purpose for which the possession of a firearm is authorised under a licence held by the applicant; or (ii) a purpose prescribed by the regulations or approved by the Registrar; or (b) has a genuine interest in collecting ammunition of historical or other significance and genuinely intends to possess the ammunition for that purpose. (6) A person does not have a genuine reason to possess ammunition if— (b) the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be a purpose for which possession or use of a firearm is authorised under a licence held by the person. (7) Subsection (6) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of ammunition. (8) A permit to possess ammunition is subject to— (a) any limitations or conditions prescribed by the regulations; and (b) any limitations or conditions imposed by the Registrar. 33—Cancellation or suspension of permit (1) The Registrar may, by written notice served personally or by registered post on the holder of a permit under section 32, cancel the permit if— (a) the holder of the permit has failed to comply with a provision of this Act or a condition of the permit; or (b) the Registrar is not satisfied that the holder of the permit is a fit and proper person to hold the permit. (2) The Registrar may, by written notice served personally or by registered post on the holder of a permit, suspend the permit pending an investigation as to whether the permit should be cancelled under subsection (1). (3) A notice served on the holder of a permit cancelling the permit under this section must set out the Registrar's reasons for the cancellation. (4) If the Registrar cancels a permit under this section 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. (5) The Registrar may, on his or her own initiative or on application by a person whose permit is suspended, revoke the suspension. 34—Restriction on quantity and possession of certain ammunition (1) A person who acquires or owns or has possession of more ammunition than is required to meet the person's reasonable needs in making lawful use of a firearm for the immediately following 12 months is guilty of an offence. (2) A licensed dealer who acquires or owns or has possession of more ammunition than is required to meet the dealer's reasonable needs in carrying on the business of a dealer for the immediately following 12 months is guilty of an offence. Maximum penalty: $5 000. (3) The regulations may prescribe limits on the quantity of ammunition of any kind that a person, or a person of a particular class, may acquire during a specified period or may own or have in his or her possession at any 1 time. (4) The regulations may prohibit or restrict the acquisition or possession of a specified kind or class of ammunition. (5) A person who acquires or owns or has possession of ammunition in contravention of a regulation under this section is guilty of an offence. (6) In proceedings for an offence under subsection (1) or (2), the onus is on the defendant to prove that the quantity of ammunition in his or her possession was not more than was required to meet his or her reasonable needs in making lawful use of a firearm or in carrying on the business of a dealer (as the case requires) for the immediately following 12 months.