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Firearms Act 2024 (Western Australia) | Zoe
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Sections Documents Version History1 Conflicts Related
Part 1
Preliminary Part 1 — Preliminary
Short title 2
Commencement 2
Act binds Crown 2
Principles and objects 2
Terms used 4
Firearms 9
Use of firearm 11
Firearm categories 11
Disqualified persons and interim disqualified persons 12
Membership of disqualifying organisation 13
Finding of guilt 14
Possession 14
Immediate possession 15
Major firearm parts 16
Relevant management positions 16
Delegation of Commissioner’s powers and duties 17
Exemptions 18
Antique firearms 19
Part 2
Licences Div 1
General Division 1 — General
Kinds of licence 21
Names of licences 21
Requirement for genuine reason for licence for firearm 21
Requirement for firearm to be suitable and appropriate for authorised use 22
Authorised persons for licence 22
Approved firearms trainers 23
No licence for personal protection 23
Div 2
Individual Licences Division 2 — Individual Licences
Term used: licence purpose 24
Grant of Individual Licence to individual 24
Purposes of Individual Licence 24
Firearm to which Individual Licence applies 25
Limit on number of firearms under Individual Licence 25
Firearm use by supervised young person under Individual Licence 26
Minimum activity requirements for Individual Licence 26
Subdiv 2
Competition Licence Subdivision 2 — Competition Licence
Authority conferred by Competition Licence 27
Requirement for membership of licensed firearm club 27
Firearms permitted for Competition Licence 27
Subdiv 3
Hunting Licence Subdivision 3 — Hunting Licence
Authority conferred by Hunting Licence 27
Requirement for approval of land for hunting 28
Approval of land for hunting 28
Hunting permission for land 28
Suitability of land for hunting using firearm 30
Firearms permitted for Hunting Licence 30
Subdiv 4
Paintball Licence Subdivision 4 — Paintball Licence
Authority conferred by Paintball Licence 30
Div 3
Business Licences Division 3 — Business Licences
Terms used 31
Kinds of Business Licence 31
Grant of Business Licence 32
Standard authority conferred by Business Licence 32
Firearms to which Business Licence applies 32
Subdivision 2 — Kinds of Business Licences
Security Agent Business Licence 32
Firearms Training Business Licence 33
Theatrical Firearm Business Licence 33
Paintball Business Licence 34
Professional Shooter Business Licence 35
Prescribed Business Licence 35
Div 4
Primary Producer Licences Division 4 — Primary Producer Licences
Terms used 36
Approval of family members 36
Grant of Primary Producer Licence 36
Primary Producer Licence to be granted for landholding 36
Firearms to which Primary Producer Licence applies 37
Licensee and approved family members are authorised persons for Primary Producer Licence 37
Authority conferred by Primary Producer Licence 37
Use of Primary Producer Licence firearms for hunting by licensee 38
Authority conferred on child of licensee by Primary Producer Licence 39
Div 5
Collector Licences Division 5 — Collector Licences
Term used: approved society of firearm collectors 39
Grant of Collector Licence to individual 39
Purposes of Collector Licence 39
Authority conferred by Collector Licence for firearms 40
Requirements for Collector Licence for firearms 41
Authority conferred by Collector Licence for ammunition 41
Requirements for collectible firearms and ammunition 42
Approval of society of firearm collectors 43
Consideration of information provided by approved society 43
Div 6
Club Licences Division 6 — Club Licences
Term used: club firearm 43
Grant of Club Licence to body corporate 44
Authority conferred by Club Licence 44
Firearms to which Club Licence applies 45
Authority for manufacture and sale of ammunition 45
Membership of licensed firearm club 45
Div 7
Range Licences Division 7 — Range Licences
Terms used 46
Grant of Range Licence to individual, body corporate or partnership 46
Authority conferred by Range Licence 46
Authority under another licence for use of firearm at licensed firearm range 47
Authority for manufacture and sale of ammunition 47
Suitability of range for Range Licence 48
Range Licence for shooting gallery 48
Firearms to which Range Licence applies 48
Div 8
Trade Licences Division 8 — Trade Licences
Term used: trade purpose 49
Grant of Trade Licence 49
Purposes of Trade Licence 49
Things to which Trade Licence applies 50
Licence must be for genuine business 50
Authority of Trade Licence limited to single location 51
Authority of Trade Licence extends to authorised person for licence 52
Supervision and management of Trade Licence business 52
Subdivision 2 — Trade Licences
Firearm Dealer Licence 53
Firearm Repair Licence 53
Firearm Manufacture Licence 54
Firearm Storage Licence 54
Subdivision 3 — Approvals for prohibited accessories and firearm technology for Trade Licence
Approval to apply Trade Licence to prohibited accessories 55
Approval to extend certain Trade Licences to firearm technology 55
Approval for creation of firearm technology for repairer or manufacturer 56
Div 9
Government Entity Licences Division 9 — Government Entity Licences
Term used: Government entity 56
Grant of Government Entity Licence 57
Authority conferred by Government Entity Licence 57
Firearms to which Government Entity Licence applies 57
Firearms permitted for Government Entity Licence 57
Div 10
Replacement and additional major firearm parts Division 10 — Replacement and additional major firearm parts
Approval for replacement of major firearm part of firearm 58
Approval for additional major firearm part for firearm 59
Div 11
Additional authority and restrictions Division 11 — Additional authority and restrictions
Additional authority conferred by authority for use of firearm 60
Additional authority conferred by authority for possession of firearm 60
Authority for use at licensed firearm range 61
Authority for sighting in at authorised use locations 61
Authority for licensee to acquire firearm or related thing 62
Authority for supply of firearm or related thing 62
Authority to supply includes authority to give possession 62
Authority for authorised person to acquire ammunition 62
Authority for supply of ammunition for use under licence 62
Authority for manufacture of ammunition 63
Authority for approved repairs and alterations 63
Prohibited firearms 63
Prohibited ammunition 63
Approval of prohibited accessory for firearm 64
Extending authority of licence by regulation 64
Limiting authority of licence by regulation or conditions 65
Firearms restrictions by regulation 65
Limits on number of firearms by regulation 65
Requirements for target shooting 66
Division extends to permits 66
Div 12
Responsible person for licence Division 12 — Responsible person for licence
Requirement for responsible person for licence 66
Functions of responsible person 67
Delegation of responsible person’s powers and duties 68
Responsible person must notify change of eligibility 68
Function of licensee to be performed by responsible person 68
Division extends to permit 69
Part 3
Permits Part 3 — Permits
Grant of permit 70
No permit for personal protection 70
Holding more than 1 permit 70
Application of other provisions to permits 70
Part 4
Firearm authority procedures Part 4 — Firearm authority procedures
Division 1 — General restrictions
Public safety 72
Fit and proper person requirement 72
Disqualified and prohibited persons 72
Restrictions extend to holder of relevant management position in body corporate or partnership 72
Regulations: restrictions on grant of firearm authority 72
Grant includes renewal 73
Operation of other provisions 73
Division 2 — Fit and proper person requirement
Subdiv 1
Making inquiries Subdivision 1 — Making inquiries
Obligation to make inquiries when indicated 73
Investigating whether person is fit and proper person 73
Request for information or interview 74
Evidence that person meets firearm authority health standards 75
Division does not limit fit and proper person decision making 76
Subdivision 2 — Matters for consideration
General matters for consideration 77
Mandatory criminal records check 77
Consideration of person’s associates 77
Subdivision 3 — Sufficient grounds for opinion that person not fit and proper
Firearm authority health standards 78
Violent behaviour, family violence or intimidating behaviour 79
Risk of firearm misuse 79
Suspicion of threat to public safety 79
Commissioner’s discretion not affected 80
Division 3 — Other restrictions and requirements
Minimum age restrictions 80
Citizenship and residency 80
Identity of applicant to be established 81
Safety and serviceability of firearm or major firearm part 81
Division 4 — Application and grant
Term used: application 82
Making an application 82
Requirement to provide relevant information 83
Photograph and signature of applicant 83
Completion of firearm safety training course 84
Certificate as to serviceability and safety of firearm or major firearm part 84
Refusal of application for failure to comply with requirement 85
Grant of application 85
Delayed grant for first licence 85
Holding more than 1 firearm authority 85
Firearm authorities applying to same firearm 86
Form of firearm authority 86
Application on behalf of authorised person or responsible person 86
Register of firearm authorities 87
Notice of refusal of application and reasons 87
Firearm authorities not transferable 87
Offence of providing false or misleading information 87
Division 5 — Term and renewal
Term and renewal of licence 87
Continuation of licence when application for renewal pending 88
Term and renewal of permit 89
Term and renewal of approval 89
Possession offence during renewal period 90
Regulations: restrictions on renewal 91
No renewal as of right 91
Division 6 — Conditions
Conditions of firearm authority 91
Imposition and variation of conditions 92
Compliance with conditions 92
Division 7 — Amendment
Amendment to add, replace or remove firearm 93
Amendment to change purpose of Individual Licence or Trade Licence 94
Notice and taking effect of amendment 95
Division 8 — Cancellation and refusal of renewal
Mandatory cancellation or refusal to renew 95
Discretionary cancellation or refusal to renew 96
Request for submission: fit and proper person 97
Notice and taking effect of cancellation or refusal of renewal 98
Cancellation at request of holder 98
Requirement to notify Commissioner about disqualifying offences and orders 99
Division 9 — Suspension
Mandatory suspension during interim disqualification 99
Mandatory suspension if police order in force 100
Mandatory suspension: fit and proper person 100
Mandatory suspension: supplementary provisions 101
Suspension for non‑payment of fee 101
Notice and taking effect of suspension 102
Effect of suspension 102
Possession offence during suspension 102
Division 10 — Licence cards
Terms used 103
Issue of licence card 103
Duty to carry and produce licence card 104
Unlawful alteration of licence card 105
Fraudulent possession and use of licence card 105
Surrender of physical licence card 105
Part 5
Firearm authority offences Part 5 — Firearm authority offences
Division 1 — Possession of firearms and major firearm parts
Unlawful possession of firearm or major firearm part 107
Offence of unlawful possession 107
Offence involving handgun or prohibited firearm 107
Offence involving 3 or more firearms or major firearm parts 107
Offence involving 3 or more firearms or major firearm parts: handgun or prohibited firearm 108
Offence while in immediate possession of prohibited drug or prohibited plant 108
Offence while in immediate possession of large sum of money 108
Division 2 — Use of firearms
Unlawful use of firearm 109
Offence of unlawful use 109
Offence of unlawful use: handgun or prohibited firearm 109
Division 3 — Supplying and giving possession of firearms and major firearm parts
Subdivision 1 — Supplying without authority
Supplying by unauthorised supplier 109
Offence of unauthorised supply 110
Offence of unauthorised supply involving 3 or more firearms or major firearm parts 110
Offence of unauthorised supply involving handgun or prohibited firearm 110
Subdivision 2 — Supplying to unauthorised person
Supplying to unauthorised person 111
Offence of supplying to unauthorised person 111
Offence involving supply of handgun or prohibited firearm 111
Subdivision 3 — Giving possession to unauthorised person
Giving possession to unauthorised person 112
Offence of giving possession to unauthorised person 112
Offence involving giving possession of handgun or prohibited firearm 112
Division 4 — Acquiring and taking possession of firearms and major firearm parts
Subdivision 1 — Acquiring without authority
Acquiring by unauthorised person 113
Offence of acquiring as unauthorised person 113
Offence involving acquiring handgun or prohibited firearm 113
Subdivision 2 — Acquiring from unauthorised person
Acquiring from unauthorised person 114
Offence of acquiring from unauthorised person 114
Offence involving handgun or prohibited firearm 114
Subdivision 3 — Taking possession from unauthorised person
Taking possession from unauthorised person 115
Offence of taking possession from unauthorised person 115
Offence involving handgun or prohibited firearm 115
Division 5 — Ammunition
Unauthorised possession or acquisition of ammunition 116
Unauthorised possession or acquisition of prohibited ammunition 116
Supplying or giving possession of ammunition without authority 116
Supplying or giving possession of prohibited ammunition without authority 116
Supplying or giving possession of ammunition to unauthorised person 117
Supplying or giving possession of prohibited ammunition to unauthorised person 117
Acquiring or taking possession of ammunition from unauthorised person 118
Acquiring or taking possession of prohibited ammunition from unauthorised person 118
Division 6 — Ammunition components
Terms used 119
Unauthorised possession of ammunition component for purpose of manufacturing ammunition 119
Unauthorised possession of ammunition component for purpose of manufacturing prohibited ammunition 119
Unauthorised supply of unassembled components of ammunition 120
Unauthorised supply of unassembled components of prohibited ammunition 120
Supplying or giving possession of unassembled components of ammunition to unauthorised person 120
Supplying or giving possession of unassembled components of prohibited ammunition to unauthorised person 121
Unauthorised possession of unassembled components of ammunition 121
Unauthorised possession of unassembled components of prohibited ammunition 121
Division 7 — Prohibited accessories
Unauthorised possession, acquisition or supply of prohibited accessory 122
Unauthorised use of firearm fitted with prohibited accessory 123
Acquiring or taking possession of prohibited accessory from unauthorised person 124
Supplying or giving possession of prohibited accessory to unauthorised person 124
Division 8 — Interference with serial numbers
Unlawful interference with serial number 125
Offence of unlawful interference with serial number 125
Offence of unlawful interference with serial number: handgun or prohibited firearm 125
Offence of possession where serial number unlawfully interfered with 126
Offence of possession where serial number unlawfully interfered with: handgun or prohibited firearm 126
Offence of acquiring firearm or major firearm part where serial number unlawfully interfered with 126
Offence of acquiring firearm or major firearm part where serial number unlawfully interfered with: handgun or prohibited firearm 127
Offence of unauthorised supply where serial number unlawfully interfered with 127
Offence of unauthorised supply where serial number unlawfully interfered with: handgun or prohibited firearm 127
Division 9 — Prohibited alterations
Prohibited alteration to firearm or major firearm part 128
Offence of making prohibited alteration 129
Offence of making prohibited alteration: handgun or prohibited firearm 129
Offence of possession of firearm or major firearm part with prohibited alteration 129
Offence of possession of firearm or major firearm part with prohibited alteration: handgun or prohibited firearm 130
Offence of acquiring firearm or major firearm part with prohibited alteration 130
Offence of acquiring firearm or major firearm part with prohibited alteration: handgun or prohibited firearm 130
Offence of unauthorised supply of firearm or major firearm part with prohibited alteration 131
Offence of unauthorised supply of firearm or major firearm part with prohibited alteration: handgun or prohibited firearm 131
Division 10 — Other activities
Unauthorised manufacture 132
Unauthorised repair 132
Unauthorised destruction of firearm, major firearm part or prohibited accessory 132
Participating in unauthorised firearm activities 132
Division 11 — Firearm technology
Terms used 134
Unauthorised possession of firearm technology 135
Unauthorised creation or development of firearm technology 135
Unauthorised dissemination of firearm technology 135
Division 12 — Offences of lesser seriousness
Offence committed during licence renewal period 136
Offence involving prescribed paintball gun 137
Part 6
Other offences Part 6 — Other offences
Division 1 — Firearm use by autonomous or remote control
Term used: remote use device 138
Offence of possessing remote use device 138
Offence of using remote use device 138
Offence of manufacturing remote use device 138
Regulations: exceptions to offence under Division 138
Division 2 — General offences
Pointing firearm at another person 139
Use of firearm that causes danger or fear 139
Giving possession of firearm or related thing to unsuitable person 140
Use or possession of firearm while intoxicated 141
Shooting onto, from or across road or public place 142
Using or carrying firearm while trespassing 142
Part 7
Security and storage Part 7 — Security and storage
Terms used 143
Approval of storage places by Commissioner 143
Firearm or related thing in use 143
Firearm or related thing in transit 144
General duty of safekeeping of firearms and related things 144
Storage in compliant storage 144
Security arrangements for firearms and related things in transit 145
Security arrangements for firearms and related things in transit in vehicle 146
Licensee has obligations of person in possession 147
2 or more persons are in possession 147
Shared compliant storage 147
Regulations: storage 148
Inspection of storage facilities 149
Grounds for refusal or cancellation of firearm authority — storage arrangements and facilities 149
Commercial transport of firearms and related things 150
Commercial warehousing of firearms and related things 151
Part 8
Firearms prohibition orders Part 8 — Firearms prohibition orders
Division 1 — Making of firearms prohibition order
Commissioner may make firearms prohibition order 152
Form and content of firearms prohibition order 153
Register of firearms prohibition orders 154
Division 2 — Service of firearms prohibition order
Manner of service 154
Powers to request particulars and detain for purposes of service 154
Offence of failing to comply with directions for service 156
Proof of service 156
Division 3 — Commencement, duration and effect of firearms prohibition order
Commencement 157
Duration 157
Effect of firearms prohibition order when served 157
Division 4 — Offences relating to firearms prohibition orders
Requirement to surrender firearms and other things 158
Prohibition against acquiring, supplying, possessing or using firearms and related things 159
Prohibition against entering, remaining or residing at certain places 160
Prohibition against associating with persons in possession of firearms and other things 161
Prohibition against giving possession of firearms and other things to prohibited persons 162
Prohibited person to notify change of address 163
Recognition of firearms prohibition orders of other jurisdictions 163
Part 9
Review of decisions Part 9 — Review of decisions
Terms used 164
Review of decisions by Tribunal 164
Hearsay evidence in review proceedings 164
Notifying Tribunal of exempt material 165
Decisions about firearms prohibition orders 166
Appeals and references to Supreme Court under SAT Act 167
Part 10
Amnesty for surrender of firearms and related things Part 10 — Amnesty for surrender of firearms and related things
Terms used 168
Surrender of firearms and related things 168
Amnesty 168
Licensing, sale and disposal of surrendered firearms and related things 169
Approval of surrender locations and personnel 170
Requirements for things surrendered 171
Part 11
Enforcement Part 11 — Enforcement
Division 1 — Police powers to seize firearms and related things
Power to seize in certain circumstances 172
Power to enter and search vehicles and places 172
Search warrant under Criminal Investigation Act 2006 173
Division does not limit firearms prohibition order powers 174
Division 2 — Enforcement of firearms prohibition orders
Powers can be exercised without warrant 174
Power of search and seizure before firearms prohibition order served 174
Entry and search of places and vehicles in relation to firearms prohibition orders 175
Search of prohibited persons and persons in their company 176
Search and seizure of things required to be surrendered 177
Seizure of things in authorised possession 177
Division 3 — Other police powers
Power to seize if licence card not produced 177
Power to require surrender of firearms and related things in unlawful possession 178
Examination and testing of firearms and related things 178
Power to seize unsafe, unserviceable or altered firearm or related thing 179
Powers in relation to firearm technology 179
Power to ask questions in relation to offence 179
Police powers on licensed firearm premises 180
Compliance directions 181
Powers are in addition to other powers 182
Division 4 — Seized and surrendered firearms and related things
Term used: surrendered under amnesty 182
Application of Criminal and Found Property Disposal Act 2006 182
Dealing with firearms and related things surrendered under amnesty 182
Dealing with other firearms and related things in police possession 183
Power of court to order forfeiture on conviction of offender 183
Division 5 — General
Offence: failure to answer questions 184
Offence: misleading police officer 184
Powers under Criminal Investigation Act 2006 184
Other powers not affected 184
Part 12
Information Part 12 — Information
Division 1 — Disclosure of information to Commissioner
Providing information to Commissioner about person of concern 185
Information from licensed firearm club 185
Information from approved society of firearm collectors 186
Providing further information requested by Commissioner 187
Protection from liability when information provided in good faith 187
Protection of identity of person providing information to Commissioner 188
Commissioner’s decisions made in reliance on information provided 188
Information includes opinion 189
Division 2 — Disclosure of information by Commissioner
Terms used 189
Disclosure by Commissioner of relevant firearm information about person 190
Division 3 — Confidentiality of information
Confidentiality 190
Authorised use or disclosure of information 191
Part 13
Evidentiary matters Part 13 — Evidentiary matters
Averments in prosecution documents 193
Evidence in proceedings 194
Onus of proving reasonable excuse, lawful excuse or lawful purpose 194
Part 14
Advertising, supply and reporting requirements Part 14 — Advertising, supply and reporting requirements
Advertising firearms and related things for sale 195
Advertising under Trade Licence 195
Advertising prohibited accessories for sale 196
Sending firearms and related things by post 196
Reporting loss of firearm or related thing 196
Reporting destruction of firearm, major firearm part or prohibited accessory 197
Reporting supply of firearm or related thing 197
Part 15
General Part 15 — General
Protection from liability 198
Persons concerned in commission of offence 198
Limitation periods 198
Compliance with approved forms 199
Fees 199
Regulations 200
Review of Act 201
Part 16
Savings and transitional provisions Part 16 — Savings and transitional provisions
Division 1 — General
Terms used 203
Transitional regulations 203
Interpretation Act 1984 not affected 205
References to 1973 Act 205
Delegations under 1973 Act 205
Directions about corresponding provisions and pending applications 205
Reference to compliance with this Act 206
Reference to contravention of 1973 Act or conditions 206
Decisions and other matters under 1973 Act 206
Division 2 — Transitional licences, permits and approvals
Term used: transitional authority 207
Continued operation of 1973 Act authority as transitional authority 207
Cancellation of transitional authority 207
Directions for appropriate grant of transitional authority 208
Term and renewal of transitional authority 209
Cancellation, suspension and conditions of transitional authority 209
Action before commencement day for cancellation or suspension of transitional authority 210
Grant of firearm authority to replace transitional authority 210
Licence card for transitional authority 211
Exemptions under 1973 Act 211
Pending applications 212
Authority for sound suppressor 213
Permits under 1973 Act 213
Effect of 1973 Act authorities after commencement day 213
Division 3 — Prohibited and disqualified persons
Firearms prohibition orders under 1973 Act 213
Disqualified persons 214
Notification of disqualifying offences and orders 214
Division 4 — Review of decisions under 1973 Act
Terms used 214
Review of decisions under 1973 Act 215
Supreme Court proceedings 215
Clause 5 matter 216
Division 5 — Miscellaneous
Grant of first licence: 42‑day delay 216
Firearm use by supervised young person under Individual Licence 216
Averments in prosecution documents 217
Accredited society of collectors 217
Search warrants 217
Surrendered firearms, major firearm parts and ammunition 217
Provision of information 217
Part 17
Repeals and consequential and related amendments Part 17 — Repeals and consequential and related amendments
Division 1 — Act repealed
Firearms Act 1973 repealed 218
Division 2 — Subsidiary legislation repealed
Firearms Regulations 1974 repealed 218
Division 3 — Acts amended
Subdivision 1 — Children and Community Services Act 2004 amended
Act amended 218
Section 112 amended 218
Subdivision 2 — Corruption, Crime and Misconduct Act 2003 amended
Act amended 219
Section 184 amended 219
Section 227A inserted 219
227A. Savings 219
Schedule 1 amended 220
Subdivision 3 — Court Security and Custodial Services Act 1999 amended
Act amended 220
Section 90 amended 220
Section 95 amended 220
Subdivision 4 — The Criminal Code amended
Act amended 221
Section 68D amended 221
Section 378 amended 221
Section 417A amended 221
Subdiv 5
*Criminal Investigation (Covert Powers) Act 2012* amended Subdivision 5 — Criminal Investigation (Covert Powers) Act 2012 amended
Act amended 222
Section 5 amended 222
Subdiv 6
*Criminal Organisations Control Act 2012* amended Subdivision 6 — Criminal Organisations Control Act 2012 amended
Act amended 222
Section 3 amended 222
Section 80 amended 223
Section 83 amended 223
Section 84 amended 223
Subdiv 7
*Cross‑border Justice Act 2008* amended Subdivision 7 — Cross‑border Justice Act 2008 amended
Act amended 224
Section 68 amended 224
Subdiv 8
*Disposal of Uncollected Goods Act 1970* amended Subdivision 8 — Disposal of Uncollected Goods Act 1970 amended
Act amended 224
Schedule amended 224
Subdiv 9
*Domestic Violence Orders (National Recognition) Act 2017* amended Subdivision 9 — Domestic Violence Orders (National Recognition) Act 2017 amended
Act amended 225
Section 21 amended 225
Subdiv 10
*Fair Trading Act 2010* amended Subdivision 10 — Fair Trading Act 2010 amended
Act amended 225
Schedule 1 amended 225
Subdiv 11
*Firearms Act 2024* amended Subdivision 11 — Firearms Act 2024 amended
Act amended 226
Section 11 amended 226
Subdiv 12
*Major Events Act 2023* amended Subdivision 12 — Major Events Act 2023 amended
Act amended 226
Section 4 amended 226
Subdiv 13
*Pawnbrokers and Second‑hand Dealers Act 1994* amended Subdivision 13 — Pawnbrokers and Second‑hand Dealers Act 1994 amended
Act amended 226
Section 4 amended 227
Subdiv 14
*Prisons Act 1981* amended Subdivision 14 — Prisons Act 1981 amended
Act amended 227
Section 49B amended 227
Subdiv 15
*Prohibited Behaviour Orders Act 2010* amended Subdivision 15 — Prohibited Behaviour Orders Act 2010 amended
Act amended 228
Section 3 amended 228
Subdiv 16
*Restraining Orders Act 1997* amended Subdivision 16 — Restraining Orders Act 1997 amended
Act amended 228
Section 3 amended 229
Section 14 amended 229
Section 71 amended 230
Subdiv 17
*Security and Related Activities (Control) Act 1996* amended Subdivision 17 — Security and Related Activities (Control) Act 1996 amended
Act amended 230
Section 3 amended 230
Section 24 amended 230
Section 25 amended 231
Subdiv 18
*Sentencing Act 1995* amended Subdivision 18 — Sentencing Act 1995 amended
Act amended 231
Section 106 amended 231
Section 124G amended 232
Schedule 1A amended 232
Subdiv 19
*Spent Convictions Act 1988* amended Subdivision 19 — Spent Convictions Act 1988 amended
Act amended 239
Schedule 3 amended 239
More sections below
Source text: opening excerpt Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Firearms Act 2024
Western Australia
Firearms Act 2024
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Act binds Crown 2
Principles and objects 2
Terms used 4
Firearms 9
Use of firearm 11
Firearm categories 11
Disqualified persons and interim disqualified persons 12
Membership of disqualifying organisation 13
Finding of guilt 14
Possession 14
Immediate possession 15
Major firearm parts 16
Relevant management positions 16
Delegation of Commissioner’s powers and duties 17
Exemptions 18
Antique firearms 19
Part 2 — Licences
Division 1 — General
Kinds of licence 21
Names of licences 21
Requirement for genuine reason for licence for firearm 21
Requirement for firearm to be suitable and appropriate for authorised use 22
Authorised persons for licence 22
Approved firearms trainers 23
No licence for personal protection 23
Division 2 — Individual Licences
Subdivision 1 — General
Term used: licence purpose 24
Grant of Individual Licence to individual 24
Purposes of Individual Licence 24
Firearm to which Individual Licence applies 25
Limit on number of firearms under Individual Licence 25
Firearm use by supervised young person under Individual Licence 26
Regulates storage, safekeeping and transport (Part 7, ss.301–316), requires record‑keeping and allows inspection of licensed premises (s.362), and imposes reporting duties (Part 14, ss.389–395).
Creates new offences and controls specifically aimed at modern risks: unlawful possession/creation/dissemination of firearm technology (ss.284–287), remote‑use devices (ss.290–294), interference with serial numbers and prohibited alterations (ss.262–279), and prohibited accessories (including suppressors, bump stocks, folding/detachable stocks and chassis kits) (definition and ss.258–261).
Provides enforcement and police powers for seizure, search, detention and compliance directions (Part 11, ss.346–364). It also establishes an amnesty and surrender procedure (Part 10, ss.341–343) and transitional arrangements to move existing 1973 Act authorities across (Part 16).
Individual firearms owners and users (recreational shooters, competitive shooters, hunters, paintball participants, collectors, primary producers) — they must hold the appropriate licence or permit and meet fit‑and‑proper, identity, residency, age and training requirements (see ss.139, 158–166, 159).
Businesses and trades (dealers, repairers, manufacturers, storage providers, training businesses, theatrical armourers, paintball operators, professional shooters) — new Trade and Business Licence regimes, single‑location limits, supervision and minimum activity rules apply (see Division 8 and Division 3 of Part 2, ss.86–97, ss.88–93).
Licensed clubs and ranges — new Club and Range licences with obligations to report membership matters and to supervise users (ss.73–85, 375).
Police and the Commissioner — expanded operational powers, new registers (Firearm Authority Register, FPO Register), and delegations (ss.16, 175, 319, 346–364).
The wider public and service providers — health practitioners, collectors' societies, landowners giving hunting permission, commercial carriers and warehouse operators (various provisions in Parts 2, 7, 12).
Why it matters (stated purpose and how it works against trade‑offs)
The Act explicitly frames firearm possession as a conditional privilege and cites public safety and national consistency as its objectives (s.4). Mechanically, it attempts to deliver those objectives by: (a) narrowing lawful access (detailed licence types and purposes — Part 2); (b) making fitness, health and criminal history central to granting or keeping authorities (ss.139, 145–156); (c) criminalising a broad set of acts with stiff penalties (Part 5); and (d) giving the Commissioner and police significant preventive powers (suspension, seizure, FPOs – Parts 4, 8, 11).
Costs and incentives created by the Act: licence fees, storage and security costs, training and record‑keeping obligations (ss.300–316, s.400), limits on how many and what category of firearms may be held (ss.30, 58), and single‑location limits for trade businesses (s.91). These raise compliance costs for individuals and businesses and change incentives: for example, businesses face supervision and minimum‑activity tests (s.90–93), and manufacturers/repairers must seek approvals for firearm technology (ss.98–100). The Act also reduces the private option to manufacture or share digital firearm designs by making creation, possession and dissemination of firearm technology a crime unless authorised (ss.284–287).
Bureaucratic discretion and transparency: many key determinations rest with the Commissioner (fit and proper, storage approvals, approvals to deal with prohibited accessories or technology, FPOs) and the Commissioner may rely on intelligence not disclosed to applicants (ss.145–156, 317(2), 156). The Act narrows some review remedies for FPOs — the Tribunal’s powers to stay or compel reasons are curtailed for FPO decisions (see s.338). That reduces procedural transparency in a class of high‑impact decisions.
Implementation risks and opportunity costs: the scheme is administratively heavy (health examinations, interviews, certification of serviceability, approvals for many activities, registers, inspection powers — ss.147–167, 175, 313, 362). It therefore requires significant police/administrative capacity to process licences, monitor compliance and manage seizures and FPOs. Where specialist functions (eg approvals for firearm technology or storage approvals) are concentrated in the Commissioner, decision‑timing and consistent criteria will matter for regulated parties.
Who pays, who decides, and what behaviour changes
Who pays: licensed individuals and businesses (fees, training, storage/security, record‑keeping) and, indirectly, the State for enforcement and administration. Criminal penalties and forfeiture also transfer costs to offenders.
Who decides: the Commissioner of Police with delegated officers has central decision‑making power over grants, conditions, approvals, suspensions, cancellations and FPOs (ss.16, 139, 317–326). Police have broad operational powers to search, seize and enforce (Part 11).
Behaviour changes the law incentivises: move from informal or private manufacture/sale to licensed, traceable channels; stricter storage and transport practices; reduced sharing or online dissemination of firearm technical files; compliance with club and range supervision; and seeking approvals for high‑risk activities (eg prohibited accessories, manufacture or firearm technology).
Key legal mechanisms and notable provisions cited
Licence types and limits: ss.19, 26–42, 43–105, 30 (limits on number of firearms for individuals), 58 (primary producer limits).
Fit and proper, health and inquiry powers: ss.139, 145–156, 148 (health examinations).
Offences and penalties: Part 5 (for example ss.212–221 for possession and use offences), ss.284–287 (firearm technology), ss.258–261 (prohibited accessories).
Commissioner powers, FPOs and limited Tribunal remedies: ss.16, 317–326, 338.
Storage, transport and inspections: Part 7 (ss.301–316), s.362.
Enforcement powers including seizure and warrant rules: Part 11 (ss.346–364).
Information sharing and reporting duties: Part 12 (ss.374–383), Part 14 reporting (ss.389–395).
Amnesty and transitional conversion of existing authorities: Parts 10 and 16 (ss.341–343, 412–425).
Plain summary of trade‑offs (brief):
The Act widens criminal prohibitions and administrative controls and centralises discretionary powers in the Commissioner to achieve stated public‑safety objectives (s.4). That reduces some private options (DIY manufacture, unapproved trade, online dissemination) and increases compliance costs for legitimate users and businesses (licensing, storage, training, record‑keeping). It also concentrates decision‑making authority and intelligence‑based discretion, which raises transparency and administrative‑capacity risks unless operational criteria and resourcing are clear.
Hunting Licence
Minimum activity requirements for Individual Licence 26
Subdivision 2 — Competition Licence
Authority conferred by Competition Licence 27
Requirement for membership of licensed firearm club 27
Firearms permitted for Competition Licence 27
Subdivision 3 — Hunting Licence
Authority conferred by Hunting Licence 27
Requirement for approval of land for hunting 28
Approval of land for hunting 28
Hunting permission for land 28
Suitability of land for hunting using firearm 30
Firearms permitted for Hunting Licence 30
Subdivision 4 — Paintball Licence
Authority conferred by Paintball Licence 30
Division 3 — Business Licences
Terms used 31
Kinds of Business Licence 31
Grant of Business Licence 32
Standard authority conferred by Business Licence 32
Firearms to which Business Licence applies 32
Subdivision 2 — Kinds of Business Licences
Security Agent Business Licence 32
Firearms Training Business Licence 33
Theatrical Firearm Business Licence 33
Paintball Business Licence 34
Professional Shooter Business Licence 35
Prescribed Business Licence 35
Division 4 — Primary Producer Licences
Terms used 36
Approval of family members 36
Grant of Primary Producer Licence 36
Primary Producer Licence to be granted for landholding 36
Firearms to which Primary Producer Licence applies 37
Licensee and approved family members are authorised persons for Primary Producer Licence 37
Authority conferred by Primary Producer Licence 37
Use of Primary Producer Licence firearms for hunting by licensee 38
Authority conferred on child of licensee by Primary Producer Licence 39
Division 5 — Collector Licences
Term used: approved society of firearm collectors 39
Grant of Collector Licence to individual 39
Purposes of Collector Licence 39
Authority conferred by Collector Licence for firearms 40
Requirements for Collector Licence for firearms 41
Authority conferred by Collector Licence for ammunition 41
Requirements for collectible firearms and ammunition 42
Approval of society of firearm collectors 43
Consideration of information provided by approved society 43
Division 6 — Club Licences
Term used: club firearm 43
Grant of Club Licence to body corporate 44
Authority conferred by Club Licence 44
Firearms to which Club Licence applies 45
Authority for manufacture and sale of ammunition 45
Membership of licensed firearm club 45
Division 7 — Range Licences
Terms used 46
Grant of Range Licence to individual, body corporate or partnership 46
Authority conferred by Range Licence 46
Authority under another licence for use of firearm at licensed firearm range 47
Authority for manufacture and sale of ammunition 47
Suitability of range for Range Licence 48
Range Licence for shooting gallery 48
Firearms to which Range Licence applies 48
Division 8 — Trade Licences
Term used: trade purpose 49
Grant of Trade Licence 49
Purposes of Trade Licence 49
Things to which Trade Licence applies 50
Licence must be for genuine business 50
Authority of Trade Licence limited to single location 51
Authority of Trade Licence extends to authorised person for licence 52
Supervision and management of Trade Licence business 52
Subdivision 2 — Trade Licences
Firearm Dealer Licence 53
Firearm Repair Licence 53
Firearm Manufacture Licence 54
Firearm Storage Licence 54
Subdivision 3 — Approvals for prohibited accessories and firearm technology for Trade Licence
Approval to apply Trade Licence to prohibited accessories 55
Approval to extend certain Trade Licences to firearm technology 55
Approval for creation of firearm technology for repairer or manufacturer 56
Division 9 — Government Entity Licences
Term used: Government entity 56
Grant of Government Entity Licence 57
Authority conferred by Government Entity Licence 57
Firearms to which Government Entity Licence applies 57
Firearms permitted for Government Entity Licence 57
Division 10 — Replacement and additional major firearm parts
Approval for replacement of major firearm part of firearm 58
Approval for additional major firearm part for firearm 59
Division 11 — Additional authority and restrictions
Additional authority conferred by authority for use of firearm 60
Additional authority conferred by authority for possession of firearm 60
Authority for use at licensed firearm range 61
Authority for sighting in at authorised use locations 61
Authority for licensee to acquire firearm or related thing 62
Authority for supply of firearm or related thing 62
Authority to supply includes authority to give possession 62
Authority for authorised person to acquire ammunition 62
Authority for supply of ammunition for use under licence 62
Authority for manufacture of ammunition 63
Authority for approved repairs and alterations 63
Prohibited firearms 63
Prohibited ammunition 63
Approval of prohibited accessory for firearm 64
Extending authority of licence by regulation 64
Limiting authority of licence by regulation or conditions 65
Firearms restrictions by regulation 65
Limits on number of firearms by regulation 65
Requirements for target shooting 66
Division extends to permits 66
Division 12 — Responsible person for licence
Requirement for responsible person for licence 66
Functions of responsible person 67
Delegation of responsible person’s powers and duties 68
Responsible person must notify change of eligibility 68
Function of licensee to be performed by responsible person 68
Division extends to permit 69
Grant of permit 70
No permit for personal protection 70
Holding more than 1 permit 70
Application of other provisions to permits 70
Part 4 — Firearm authority procedures
Division 1 — General restrictions
Public safety 72
Fit and proper person requirement 72
Disqualified and prohibited persons 72
Restrictions extend to holder of relevant management position in body corporate or partnership 72
Regulations: restrictions on grant of firearm authority 72
Grant includes renewal 73
Operation of other provisions 73
Division 2 — Fit and proper person requirement
Subdivision 1 — Making inquiries
Obligation to make inquiries when indicated 73
Investigating whether person is fit and proper person 73
Request for information or interview 74
Evidence that person meets firearm authority health standards 75
Division does not limit fit and proper person decision making 76
Subdivision 2 — Matters for consideration
General matters for consideration 77
Mandatory criminal records check 77
Consideration of person’s associates 77
Subdivision 3 — Sufficient grounds for opinion that person not fit and proper
Firearm authority health standards 78
Violent behaviour, family violence or intimidating behaviour 79
Risk of firearm misuse 79
Suspicion of threat to public safety 79
Commissioner’s discretion not affected 80
Division 3 — Other restrictions and requirements
Minimum age restrictions 80
Citizenship and residency 80
Identity of applicant to be established 81
Safety and serviceability of firearm or major firearm part 81
Division 4 — Application and grant
Term used: application 82
Making an application 82
Requirement to provide relevant information 83
Photograph and signature of applicant 83
Completion of firearm safety training course 84
Certificate as to serviceability and safety of firearm or major firearm part 84
Refusal of application for failure to comply with requirement 85
Grant of application 85
Delayed grant for first licence 85
Holding more than 1 firearm authority 85
Firearm authorities applying to same firearm 86
Form of firearm authority 86
Application on behalf of authorised person or responsible person 86
Register of firearm authorities 87
Notice of refusal of application and reasons 87
Firearm authorities not transferable 87
Offence of providing false or misleading information 87
Division 5 — Term and renewal
Term and renewal of licence 87
Continuation of licence when application for renewal pending 88
Term and renewal of permit 89
Term and renewal of approval 89
Possession offence during renewal period 90
Regulations: restrictions on renewal 91
No renewal as of right 91
Conditions of firearm authority 91
Imposition and variation of conditions 92
Compliance with conditions 92
Amendment to add, replace or remove firearm 93
Amendment to change purpose of Individual Licence or Trade Licence 94
Notice and taking effect of amendment 95
Division 8 — Cancellation and refusal of renewal
Mandatory cancellation or refusal to renew 95
Discretionary cancellation or refusal to renew 96
Request for submission: fit and proper person 97
Notice and taking effect of cancellation or refusal of renewal 98
Cancellation at request of holder 98
Requirement to notify Commissioner about disqualifying offences and orders 99
Mandatory suspension during interim disqualification 99
Mandatory suspension if police order in force 100
Mandatory suspension: fit and proper person 100
Mandatory suspension: supplementary provisions 101
Suspension for non‑payment of fee 101
Notice and taking effect of suspension 102
Effect of suspension 102
Possession offence during suspension 102
Division 10 — Licence cards
Terms used 103
Issue of licence card 103
Duty to carry and produce licence card 104
Unlawful alteration of licence card 105
Fraudulent possession and use of licence card 105
Surrender of physical licence card 105
Part 5 — Firearm authority offences
Division 1 — Possession of firearms and major firearm parts
Unlawful possession of firearm or major firearm part 107
Offence of unlawful possession 107
Offence involving handgun or prohibited firearm 107
Offence involving 3 or more firearms or major firearm parts 107
Offence involving 3 or more firearms or major firearm parts: handgun or prohibited firearm 108
Offence while in immediate possession of prohibited drug or prohibited plant 108
Offence while in immediate possession of large sum of money 108
Division 2 — Use of firearms
Unlawful use of firearm 109
Offence of unlawful use 109
Offence of unlawful use: handgun or prohibited firearm 109
Division 3 — Supplying and giving possession of firearms and major firearm parts
Subdivision 1 — Supplying without authority
Supplying by unauthorised supplier 109
Offence of unauthorised supply 110
Offence of unauthorised supply involving 3 or more firearms or major firearm parts 110
Offence of unauthorised supply involving handgun or prohibited firearm 110
Subdivision 2 — Supplying to unauthorised person
Supplying to unauthorised person 111
Offence of supplying to unauthorised person 111
Offence involving supply of handgun or prohibited firearm 111
Subdivision 3 — Giving possession to unauthorised person
Giving possession to unauthorised person 112
Offence of giving possession to unauthorised person 112
Offence involving giving possession of handgun or prohibited firearm 112
Division 4 — Acquiring and taking possession of firearms and major firearm parts
Subdivision 1 — Acquiring without authority
Acquiring by unauthorised person 113
Offence of acquiring as unauthorised person 113
Offence involving acquiring handgun or prohibited firearm 113
Subdivision 2 — Acquiring from unauthorised person
Acquiring from unauthorised person 114
Offence of acquiring from unauthorised person 114
Offence involving handgun or prohibited firearm 114
Subdivision 3 — Taking possession from unauthorised person
Taking possession from unauthorised person 115
Offence of taking possession from unauthorised person 115
Offence involving handgun or prohibited firearm 115
Unauthorised possession or acquisition of ammunition 116
Unauthorised possession or acquisition of prohibited ammunition 116
Supplying or giving possession of ammunition without authority 116
Supplying or giving possession of prohibited ammunition without authority 116
Supplying or giving possession of ammunition to unauthorised person 117
Supplying or giving possession of prohibited ammunition to unauthorised person 117
Acquiring or taking possession of ammunition from unauthorised person 118
Acquiring or taking possession of prohibited ammunition from unauthorised person 118
Division 6 — Ammunition components
Terms used 119
Unauthorised possession of ammunition component for purpose of manufacturing ammunition 119
Unauthorised possession of ammunition component for purpose of manufacturing prohibited ammunition 119
Unauthorised supply of unassembled components of ammunition 120
Unauthorised supply of unassembled components of prohibited ammunition 120
Supplying or giving possession of unassembled components of ammunition to unauthorised person 120
Supplying or giving possession of unassembled components of prohibited ammunition to unauthorised person 121
Unauthorised possession of unassembled components of ammunition 121
Unauthorised possession of unassembled components of prohibited ammunition 121
Division 7 — Prohibited accessories
Unauthorised possession, acquisition or supply of prohibited accessory 122
Unauthorised use of firearm fitted with prohibited accessory 123
Acquiring or taking possession of prohibited accessory from unauthorised person 124
Supplying or giving possession of prohibited accessory to unauthorised person 124
Division 8 — Interference with serial numbers
Unlawful interference with serial number 1
This is an opening excerpt, not the complete document.