Firearms (Firearm Prohibition Orders) Amendment Bill 2026
J2025-326
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Minister for Police, Fire and Emergency Services)
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Offences against Act—application of Criminal Code etc
Section 4, note 1, new dot point 2
5 Principles and objects of Act
New section 5 (2) (g) 2
6 Meaning of acquire
New section 8 (1A) 2
7 Meaning of possession
New section 10 (3) 3
Contents
Page
contents 2 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
8 Evidence of possession—firearms at premises
New section 11 (1A) 3
9 Evidence of possession—care, control or management of firearm
New section 12 (1A) 3
10 Assessing suitability of individuals—discretionary criteria
Section 18 (2), definition of law enforcement agency 3
11 Protection of security sensitive information
Section 18A (3) 4
12 ACAT or court review—decision on security sensitive information
Section 18B (5) 4
13 ACAT or court review—dealing with security sensitive information
Section 18C (4), definition of security sensitive information 4
14 New part 12A 4
15 Destruction or disposal of seized or surrendered firearms
New section 262 (6A) 55
16 Dictionary, definition of acquire, paragraph (a) 56
17 Dictionary, new definitions 56
Schedule 1 Consequential amendments 59
Part 1.1 Court Procedures Act 2004 59
Part 1.2 Magistrates Court Act 1930 59
Part 1.3 Ombudsman Act 1989 59
J2025-326
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Minister for Police, Fire and Emergency Services)
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
A Bill for
An Act to amend the Firearms Act 1996, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Section 1
page 2 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of Act1
This Act is the Firearms (Firearm Prohibition Orders) Amendment2
Act 2026.3
2 Commencement4
This Act commences 12 months after its notification day.5
Note The naming and commencement provisions automatically commence on6
the notification day (see Legislation Act, s 75 (1)).7
3 Legislation amended8
This Act amends the Firearms Act 1996.9
Note This Act also amends other legislation (see sch 1).10
4 Offences against Act—application of Criminal Code etc11
Section 4, note 1, new dot point12
insert13
• offences against pt 12A (Firearm prohibition orders)14
5 Principles and objects of Act15
New section 5 (2) (g)16
insert17
(g) to provide for orders that prohibit the acquisition, possession or18
use of a firearm or firearm-related item.19
6 Meaning of acquire20
New section 8 (1A)21
insert22
(1A) This section does not apply to part 12A (Firearm prohibition orders).23
Section 7
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Meaning of possession1
New section 10 (3)2
insert3
(3) For part 12A (Firearm prohibition orders), subsection (1) also applies4
in relation to a firearm-related item.5
8 Evidence of possession—firearms at premises6
New section 11 (1A)7
insert8
(1A) For part 12A (Firearm prohibition orders)—9
(a) subsection (1) (as varied by paragraph (b)) applies to a10
firearm-related item in the same way it applies to a firearm; and11
(b) subsection (1) (b) and (c) do not apply in relation to a person12
subject to a firearm prohibition order to the extent that the order13
is subject to a condition imposed under section 183P (1).14
9 Evidence of possession—care, control or management of15
firearm16
New section 12 (1A)17
insert18
(1A) For part 12A (Firearm prohibition orders), subsection (1) applies to a19
firearm-related item in the same way it applies to a firearm.20
10 Assessing suitability of individuals—discretionary21
criteria22
Section 18 (2), definition of law enforcement agency23
omit24
Section 11
page 4 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 Protection of security sensitive information1
Section 18A (3)2
omit3
12 ACAT or court review—decision on security sensitive4
information5
Section 18B (5)6
omit7
13 ACAT or court review—dealing with security sensitive8
information9
Section 18C (4), definition of security sensitive10
information11
omit12
14 New part 12A13
insert14
Part 12A Firearm prohibition orders15
Division 12A.1 Preliminary16
183A Definitions—pt 12A17
In this part:18
amend, a firearm prohibition order—see section 183W.19
final order means a final firearm prohibition order made under20
section 183H.21
firearm prohibition order means an interim order or final order.22
interim order means an interim firearm prohibition order made under23
section 183F.24
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
prohibited premises—1
(a) means any of the following:2
(i) premises where a firearm or firearm-related item is stored,3
sold, repaired or manufactured;4
(ii) a collectors, hunting or shooting club;5
(iii) a paintball range;6
(iv) a shooting gallery;7
(v) a shooting range;8
(vi) premises where a shooting or paintball competition is9
being held;10
(vii) any other premises prescribed by regulation; but11
(b) does not include either of the following:12
(i) a police station;13
(ii) a correctional centre or detention place.14
relative—see the Family Violence Act 2016, section 11.15
residence, of a person—16
(a) means the person’s principal place of residence; and17
(b) includes the principal place of residence of the person’s18
domestic partner or relative, if the person lives at the residence19
for at least 7 days (whether or not consecutive) in a period of20
12 months.21
return date, for an application under this part, means the day fixed by22
the court as the day on which the application will be next before the23
court.24
serious offence means an offence punishable by imprisonment for25
5 years or longer in the ACT or elsewhere.26
Section 14
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Amendment Bill 2026
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timing notice, for a hearing of an application under this part, means a1
written notice stating—2
(a) the return date, time and place of the hearing; and3
(b) that, if the respondent to the application does not appear at the4
hearing, the court may decide the application in the respondent’s5
absence.6
vary, a firearm prohibition order, includes:7
(a) amend the order; and8
(b) impose, amend or remove a condition on the order.9
Division 12A.2 Making firearm prohibition orders10
183B Matters to be considered11
(1) In deciding whether to make a firearm prohibition order, the12
Magistrates Court must consider the following:13
(a) to the extent it relates to the order sought—14
(i) the respondent’s criminal history; and15
(ii) the respondent’s behaviour; and16
(iii) the circumstances of the respondent;17
Example—par (iii)18
the respondent’s age, housing, employment, health, cultural and social19
needs20
(b) whether the respondent has, at any time, unlawfully acquired,21
possessed or used or attempted to acquire, possess or use a22
firearm or firearm-related item;23
(c) the likelihood of the respondent acquiring, possessing or using24
a firearm or firearm-related item if no order is made;25
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(d) whether the respondent associates with a person—1
(i) who has been convicted of a serious offence; or2
(ii) for the purpose of planning, organising, facilitating,3
supporting or engaging in the commission of a serious4
offence;5
(e) the limits the order would have on the human rights of the6
respondent;7
(f) the limits the order would have on the human rights of any other8
person affected by the order;9
(g) whether the respondent poses a serious risk to a person or10
property if no order is made;11
(h) that, if the order is made, a police officer may exercise a power12
mentioned in division 12A.10 (Enforcement);13
(i) for a final order—whether the respondent was or is subject to an14
interim order;15
(j) any other information given in support of the application.16
(2) The court may consider anything else it considers relevant in deciding17
whether to make a firearm prohibition order.18
(3) A failure to comply with subsection (1) in relation to a firearm19
prohibition order does not affect the validity of the order.20
183C Application for firearm prohibition order21
(1) The chief police officer may apply to the Magistrates Court for a22
firearm prohibition order in relation to an adult.23
Note If a form is approved under the Court Procedures Act 2004, s 8 for an24
application, the form must be used.25
Section 14
page 8 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) The chief police officer must consider any matter set out in a1
guideline made by the Minister under subsection (4) before making2
an application.3
(3) An application must—4
(a) include the following information (to the extent that the5
information is known to the chief police officer):6
(i) the name of the respondent;7
(ii) the respondent’s date of birth;8
(iii) the address of any residence of the respondent;9
(iv) the address of any other premises owned, leased or10
occupied by the respondent;11
Examples12
• a storage facility leased to the respondent13
• premises where the respondent conducts a business14
(v) details of any firearm prohibition order to which the15
respondent is or has been subject, including any order16
(however described) made in relation to the respondent in17
another State that is substantially similar to a firearm18
prohibition order;19
Note State includes the Northern Territory (see Legislation Act,20
dict, pt 1).21
(vi) whether a registered firearm or firearm-related item is22
stored at the respondent’s residence;23
(vii) any other information prescribed by regulation; and24
(b) set out the grounds on which the order is sought; and25
(c) include the information supporting the grounds on which the26
order is sought; and27
(d) be accompanied by a supporting affidavit.28
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) The Minister may make guidelines about matters the chief police1
officer must consider before making an application.2
(5) A guideline is a notifiable instrument.3
183D Interim order not sought4
(1) If the Magistrates Court receives an application for a final order and5
an interim order is not sought, the registrar of the court must—6
(a) set a return date for a hearing of the application for the final7
order, which is not later than 30 days after the day the8
application is filed; and9
(b) as soon as practicable, give the chief police officer a timing10
notice for the hearing.11
(2) As soon as practicable after receiving the timing notice, the chief12
police officer must ensure the following are personally served on the13
respondent:14
(a) a copy of the application and supporting affidavit;15
(b) a copy of the timing notice.16
183E Interim order sought17
(1) If the Magistrates Court receives an application for a final order and18
an interim order is sought, the registrar of the court must set a return19
date for a hearing of the application for an interim order, which is not20
later than 2 days after the day the application is filed.21
(2) An interim order is made in the absence of the respondent.22
Note The hearing of an application for an interim order also takes place in23
closed court (see s 183ZG).24
Section 14
page 10 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) After the hearing of the application for the interim order, the registrar1
of the court must—2
(a) set a return date for a hearing of the application for the final3
order, which is not later than 30 days after the day the4
application is filed; and5
(b) as soon as practicable, give the chief police officer a timing6
notice for the hearing.7
(4) As soon as practicable after receiving the timing notice, the chief8
police officer must ensure the following are personally served on the9
respondent:10
(a) a copy of the application and supporting affidavit;11
(b) if an interim order is made—a copy of the order;12
(c) a copy of the timing notice.13
183F Making interim orders14
(1) The Magistrates Court may, on application, make an interim order if15
satisfied—16
(a) it is in the public interest to make the order; and17
(b) the order must be urgently made to reduce a significant risk of18
serious harm to another person; and19
(c) the making of the order in the absence of the respondent is20
reasonable and justifiable; and21
(d) the respondent has, at any time, unlawfully acquired, possessed22
or used or attempted to acquire, possess or use a firearm or23
firearm-related item; and24
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(e) the making of the order is otherwise reasonable and justifiable1
in the circumstances.2
Note The Magistrates Court must consider the matters mentioned in s 183B in3
deciding whether to make an interim order.4
(2) The court may be satisfied of the matters mentioned in5
subsection (1) (d) whether or not the respondent has been found6
guilty of an offence of unlawfully possessing or attempting to possess7
a firearm or firearm-related item.8
183G Notice of response—final order9
(1) A respondent to an application for a final order may file a notice of10
their response not later than 5 days before the day of the hearing of11
the application.12
Note If a form is approved under the Court Procedures Act 2004, s 8 for this13
provision, the form must be used.14
(2) The notice must—15
(a) set out the facts the respondent intends to rely on at the hearing16
of the application; and17
(b) be accompanied by a supporting affidavit.18
(3) The registrar of the Magistrates Court must serve a copy of the notice19
of response on the chief police officer.20
(4) The respondent does not waive any right of objection the respondent21
may have in relation to the application only because the respondent22
does not file a notice of response.23
183H Making final orders24
(1) The Magistrates Court may, on application, make a final order if25
satisfied—26
(a) it is in the public interest to make the order; and27
Section 14
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Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the respondent has, at any time, unlawfully acquired, possessed1
or used or attempted to acquire, possess or use a firearm or2
firearm-related item; and3
(c) the making of the order is reasonable and justifiable in the4
circumstances.5
Note The Magistrates Court must consider the matters mentioned in s 183B in6
deciding whether to make a final order.7
(2) The court may be satisfied of the matters mentioned in8
subsection (1) (b) whether or not the respondent has been found9
guilty of an offence of unlawfully possessing or attempting to possess10
a firearm or firearm-related item.11
(3) The court may, on application under section 183C, make another final12
order (a further final order) in relation to a respondent who at the13
time the application is made is already subject to a final order14
(a current order).15
(4) However, the court may only make the further final order—16
(a) within 90 days before the end of the current order; or17
(b) after the end of the current order.18
(5) Subsection (4) does not limit the number of further final orders the19
court may make.20
(6) The chief police officer must ensure that a copy of a final order is21
personally served on the respondent if the respondent is not present22
at the hearing when the final order is made.23
183I Period firearm prohibition order in force24
(1) An interim order is in force for the period—25
(a) beginning on the day the order is served on the respondent; and26