Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 13
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) ending on the earliest of the following:1
(i) the day the interim order is revoked;2
(ii) the day the application for a final order in relation to the3
interim order is withdrawn or dismissed;4
(iii) the day a final order in relation to the interim order begins;5
(iv) 30 days after the day the interim order begins.6
(2) A final order is in force for the period beginning on—7
(a) if the respondent is present when the order is made—the day the8
order is made; or9
(b) if the respondent is not present when the order is made—the day10
the order is served on the respondent.11
(3) A further final order is in force for the period beginning on—12
(a) if the respondent is present when the further final order is13
made—the day after the current order ends; or14
(b) if the respondent is not present when the further final order is15
made—16
(i) if the further final order is served on the respondent before17
the current order ends—the day after the current order18
ends; or19
(ii) if the further final order is served on the respondent after20
the current order ends—the day the further final order is21
served on the respondent.22
(4) A final order ceases to be in force on the earlier of the following:23
(a) the day the order is revoked;24
(b) 3 years after the day the order begins.25
Section 14
page 14 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(5) In this section:1
current order—see section 183H (2).2
further final order—see section 183H (2).3
183J Explaining orders if respondent present4
(1) This section applies if—5
(a) the Magistrates Court intends to make a firearm prohibition6
order; and7
(b) the respondent is present at the hearing.8
(2) On making the firearm prohibition order, the court must explain to9
the respondent, in language likely to be readily understood by the10
respondent—11
(a) the purpose, terms and effect of the order; and12
(b) the consequences that may follow if the respondent fails to13
comply with the order; and14
(c) how the order may be amended or reviewed.15
(3) The court must also give the respondent a copy of the firearm16
prohibition order.17
(4) A failure of the court to comply with this section in relation to a18
firearm prohibition order does not affect the validity of the order.19
183K Contents of firearm prohibition order20
(1) A firearm prohibition order must include the following information:21
(a) a statement about when the order begins;22
(b) the period for which the order is in force;23
(c) any conditions imposed on the order under division 12A.3;24
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 15
Authorised by the ACT Parliamentary Counsel—also accessible at
(d) the address of any residence of the person subject to the order;1
(e) the address of any other premises owned, leased or occupied by2
the person subject to the order.3
Examples—par (e)4
• a storage facility leased to the person subject to the order5
• premises where the person subject to the order conducts a business6
(2) Also, the firearm prohibition order must include information about7
the following:8
(a) the effect of—9
(i) section 183M (Prohibition on acquiring, possessing or10
using firearm or firearm-related item); and11
(ii) section 183N (Suspension and cancellation of licences and12
permits);13
(b) the offences and related penalties mentioned in—14
(i) section 183Q (Offence—acquire, possess or use of firearm15
or firearm-related item); and16
(ii) section 183R (Offence—fail to surrender licence or17
permit); and18
(iii) section 183S (Offence—fail to surrender firearm or19
firearm-related item); and20
(iv) section 183T (Offence—enter or remain at prohibited21
premises); and22
(v) section 183U (Offences—dispose of firearm or23
firearm-related item to person subject to firearm24
prohibition order); and25
(vi) section 183V (Offence—fail to notify change of residence26
or other premises);27
Section 14
page 16 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) the powers of police under division 12A.10 (Enforcement);1
(d) the person’s right to seek an amendment of the order;2
(e) the person’s right of review and appeal under this part.3
183L Reasons for order4
If the Magistrates Court makes a firearm prohibition order, the court5
must record the reasons for making the order.6
Division 12A.3 Conditions of firearm prohibition7
orders8
183M Prohibition on acquiring, possessing or using firearm or9
firearm-related item10
If a firearm prohibition order is made in relation to a person, the11
person must not acquire, possess or use a firearm or firearm-related12
item while the order is in force.13
183N Suspension and cancellation of licences and permits14
(1) If an interim order is made in relation to a person who is the holder15
of a licence or permit, the person’s licence or permit is suspended.16
(2) If a final order is made in relation to a person who is the holder of a17
licence or permit, the person’s licence or permit is cancelled.18
183O Conditions in relation to licenses, permits, firearms and19
firearm-related items20
(1) The Magistrates Court must impose a condition on a firearm21
prohibition order that a firearm or firearm-related item be removed22
by a stated time from the residence of the person subject to the order23
if the court is satisfied—24
(a) a firearm or firearm-related item, owned by a person other than25
the person subject to the order, is stored at the residence; and26
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
(b) the person subject to the order intends to live at the residence1
while the firearm prohibition order is in force.2
(2) If the court is satisfied a person subject to the order holds a licence or3
permit, the court may impose a condition that the person surrender4
the licence or permit to a police officer within a stated time.5
(3) If the court is satisfied a person subject to the order is in possession6
of a firearm or firearm-related item, the court may impose a condition7
that the person surrender the firearm or firearm-related item to a8
police officer within a stated time.9
183P Enter or remain at prohibited premises10
(1) The Magistrates Court may impose a condition on a firearm11
prohibition order that the person subject to the order may enter or12
remain at prohibited premises if satisfied the person has a genuine13
reason for entering or remaining at the premises.14
(2) The condition may—15
(a) state particular prohibited premises or other conditions about16
entering or remaining at premises; and17
(b) have effect for a period stated in the order that is shorter than the18
length of the order.19
(3) For this section, a person has a genuine reason for entering or20
remaining at prohibited premises if—21
(a) the premises are owned, leased or occupied by a relative of the22
person and the relative consents to the person entering or23
remaining at the premises; or24
(b) the person is required to enter or remain at the premises in the25
course of the person’s lawful employment or a lawful business26
carried on by the person; or27
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Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) the person has another reason that the court considers to be a1
genuine reason; or2
(d) the person has another reason prescribed by regulation.3
Division 12A.4 Effect of firearm prohibition orders4
183Q Offence—acquire, possess or use of firearm or5
firearm-related item6
(1) A person commits an offence if the person—7
(a) is subject to a firearm prohibition order; and8
(b) acquires, possesses or uses a firearm or firearm-related item.9
Maximum penalty: imprisonment for 10 years.10
(2) Strict liability applies to subsection (1) (a).11
183R Offence—fail to surrender licence or permit12
(1) A person commits an offence if the person—13
(a) is subject to a firearm prohibition order; and14
(b) recklessly or negligently fails to surrender each licence or permit15
held by the person—16
(i) if a police officer has personally served the order on the17
person and the person has access to the licence or permit18
when the order is served—to the officer when the order is19
served; or20
(ii) if a police officer has personally served the order on the21
person and the person does not have access to the licence22
or permit when the order is served—to a police officer in23
the way directed by the police officer who serves the order,24
and within 24 hours after the order is served; or25
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
(iii) if the order is subject to a condition imposed under1
section 183O (2) that the person surrender the licence or2
permit within a stated time—to a police officer within the3
stated time.4
Maximum penalty: imprisonment for 5 years.5
(2) Strict liability applies to subsection (1) (a).6
(3) Subsection (1) does not apply if the defendant has a reasonable7
excuse.8
Note The defendant has an evidential burden in relation to the matters9
mentioned in s (3) (see Criminal Code, s 58).10
(4) Subsection (1) (b) (iii) applies in relation to a person whether or not—11
(a) the person was present when the firearm prohibition order was12
made; or13
(b) a police officer personally served the order on the person.14
183S Offence—fail to surrender firearm or firearm-related item15
(1) A person commits an offence if the person—16
(a) is subject to a firearm prohibition order; and17
(b) recklessly or negligently fails to surrender each firearm or18
firearm-related item in the person’s possession—19
(i) if a police officer has personally served the order on the20
person and the person has access to the firearm or21
firearm-related item when the order is served—to the22
officer when the order is served; or23
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Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(ii) if a police officer has personally served the order on the1
person and the person does not have access to the firearm2
or firearm-related item when the order is served—to a3
police officer in the way directed by the police officer who4
serves the order, and within 24 hours after the order is5
served; or6
(iii) if the order is subject to a condition imposed under7
section 183O (3) that the person surrender the firearm or8
firearm-related item within a stated time—to a police9
officer within the stated time.10
Maximum penalty: imprisonment for 5 years.11
(2) Strict liability applies to subsection (1) (a).12
(3) Subsection (1) does not apply if the defendant has a reasonable13
excuse.14
Note The defendant has an evidential burden in relation to the matters15
mentioned in s (3) (see Criminal Code, s 58).16
(4) Subsection (1) (b) (iii) applies in relation to a person whether or not—17
(a) the person was present when the firearm prohibition order was18
made; or19
(b) a police officer personally served the order on the person.20
183T Offence—enter or remain at prohibited premises21
(1) A person commits an offence if the person—22
(a) is subject to a firearm prohibition order; and23
(b) enters or remains at prohibited premises.24
Maximum penalty: 100 penalty units, imprisonment for 1 year or25
both.26
(2) Strict liability applies to subsection (1) (a).27
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
(3) Subsection (1) does not apply—1
(a) if the defendant enters or remains at premises—2
(i) in accordance with a condition of the firearm prohibition3
order imposed under section 183P (1); or4
(ii) to comply with a court order; or5
(iii) while in lawful custody; or6
(b) if the defendant enters or remains at premises in accordance with7
a condition of the firearm prohibition order imposed under8
section 183O (1); or9
(c) if the defendant has a reasonable excuse.10
Note The defendant has an evidential burden in relation to the matters11
mentioned in s (3) (see Criminal Code, s 58).12
183U Offences—dispose of firearm or firearm-related item to13
person subject to firearm prohibition order14
(1) A person commits an offence if the person—15
(a) either—16
(i) disposes of a firearm to another person; or17
(ii) takes part in the disposal of a firearm to another person;18
and19
(b) knows that the other person is subject to a firearm prohibition20
order.21
Maximum penalty: imprisonment for 7 years.22
(2) A person commits an offence if the person—23
(a) either—24
(i) disposes of a firearm-related item to another person; or25
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Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(ii) takes part in the disposal of a firearm-related item to1
another person; and2
(b) knows that the other person is subject to a firearm prohibition3
order.4
Maximum penalty: imprisonment for 3 years.5
(3) For this section, a person takes part in the disposal of a firearm or6
firearm-related item if the person—7
(a) takes, or takes part in, a step in the process of the disposal, or8
causes a step to be taken; or9
(b) provides or arranges finance for a step in the process of disposal;10
or11
(c) provides access to the premises where a step in the process is12
taken, or allows a step in the process to be taken at premises that13
the person owns, leases or occupies.14
183V Offence—fail to notify change of residence or other15
premises16
(1) A person subject to a firearm prohibition order must notify the chief17
police officer of a change in a particular that relates to either of the18
following within 7 days after the day the change occurs:19
(a) the person’s residence;20
(b) any other premises owned, leased or occupied by the person.21
(2) A person commits an offence if the person—22
(a) is subject to a firearm prohibition order; and23
(b) fails to notify the chief police officer of a change in a particular24
that relates to either of the following within 7 days after the day25
the change occurs:26
(i) the person’s residence;27
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
(ii) any other premises owned, leased or occupied by the1
person.2
Maximum penalty: imprisonment for 5 years.3
(3) Strict liability applies to subsection (2) (a).4
(4) Subsection (2) does not apply if the defendant has a reasonable5
excuse.6
Note The defendant has an evidential burden in relation to the matters7
mentioned in s (4) (see Criminal Code, s 58).8
(5) On being notified of a change under subsection (1), the chief police9
officer must apply to amend the firearm prohibition order under10
section 183X.11
Division 12A.5 Amendment of firearm prohibition12
orders13
183W Meaning of amend—pt 12A14
In this part:15
amend, a firearm prohibition order, means—16
(a) impose, amend or remove a condition on the order to enter or17
remain at prohibited premises; or18
(b) amend information in the order in relation to a change in a19
particular that relates to—20
(i) the residence of the person subject to the order; or21
(ii) any other premises owned, leased or occupied by the22
person.23
Section 14
page 24 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183X Application for amendment of firearm prohibition order1
(1) The Magistrates Court may amend a firearm prohibition order2
(the original order) on application by—3
(a) the chief police officer; or4
(b) the person subject to the order.5
Note If a form is approved under the Court Procedures Act 2004, s 8 for an6
application, the form must be used.7
(2) An application for an amendment of an original order by the chief8
police officer may be made on the following grounds only:9
(a) a change in a particular that relates to the residence of the person10
subject to the order;11
(b) a change in a particular that relates to any other premises owned,12
leased or occupied by the person.13
(3) An application for an amendment by the person subject to an original14
order may only be made to impose or change a condition to enter or15
remain at prohibited premises.16
183Y Amendment of firearm prohibition order17
(1) If the Magistrates Court receives an application under section 183X,18
the registrar of the court must do the following:19
(a) set a return date for a hearing of the application, which is to be20
as soon as practicable after the day the application is filed;21
(b) as soon as practicable, give the applicant a timing notice for the22
hearing;23
(c) if the respondent is the chief police officer—personally serve on24
the respondent—25
(i) a copy of the application; and26
(ii) a copy of the timing notice.27