Section 14
page 48 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) Strict liability applies to subsection (2) (a).1
183ZZG Receipt for things seized2
(1) As soon as practicable after a police officer seizes a thing under this3
division, the officer must give a receipt for it to the person from whom4
it was seized.5
(2) If, for any reason, it is not practicable to comply with subsection (1),6
the police officer must leave the receipt, secured conspicuously, at the7
premises where it was seized (the place of seizure).8
(3) The receipt must include the following:9
(a) a description of the thing seized;10
(b) an explanation of why the thing was seized;11
(c) the police officer’s name and information about how to contact12
the officer;13
(d) if the thing is removed from the place of seizure—the address of14
the place to which the thing is removed;15
(e) if a police officer has restricted access to the thing under16
section 183ZZF (1) (b)—that it is an offence under17
section 183ZZF (2) to interfere with the thing without a police18
officer’s approval.19
183ZZH Access to things seized20
A person who would, apart from the seizure, be entitled to inspect a21
thing seized under this division may—22
(a) inspect it; and23
(b) if it is a document—take extracts from it or make copies of it.24
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 49
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183ZZI Securing things1
(1) A police officer may, in exercising a power under this division, secure2
any thing if satisfied on reasonable grounds—3
(a) the thing is connected with a serious offence; and4
(b) securing the thing is necessary to prevent the thing from being—5
(i) concealed, lost or destroyed; or6
(ii) used to commit, continue or repeat the offence.7
(2) The police officer may apply to a magistrate for an order to seize the8
secured thing.9
(3) The magistrate may make the order only if satisfied on reasonable10
grounds the thing is evidence connected with the commission of a11
serious offence.12
(4) A secured thing that is seized under an order mentioned in13
subsection (3) is only admissible as evidence in a proceeding for an14
offence with leave of the court.15
(5) In deciding whether to give leave, the court must consider whether16
the exercise of the power was lawful.17
183ZZJ Return or forfeiture of things seized18
(1) A thing seized under this division must be returned to its owner, or19
reasonable compensation must be paid by the Territory to the owner20
for the loss of the thing, if a prosecution for an offence relating to the21
thing is not started within 1 year after the day the thing is seized.22
(2) If a prosecution for an offence relating to a thing seized under this23
division is started within 1 year after the day the thing is seized, and24
the prosecution is not successful, the thing must be returned to its25
owner.26
Section 14
page 50 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) A thing seized under this division is forfeited to the Territory if there1
is no requirement under this section—2
(a) to return the thing to the person from whom it was seized; or3
(b) to pay compensation for the thing.4
(4) A thing forfeited to the Territory may be destroyed or otherwise5
disposed of as the registrar directs.6
(5) This section does not apply if the thing seized under this division is a7
firearm or firearm-related item and the owner of the firearm or8
firearm-related item is subject to a firearm prohibition order.9
Subdivision 12A.10.5 Miscellaneous10
183ZZK Written reasons required after exercising certain powers11
(1) This section applies if a police officer exercises any of the following12
powers:13
(a) searching a person under section 183ZX;14
(b) entering premises without a warrant under section 183ZY;15
(c) entering premises without a warrant under section 183ZZ.16
(2) As soon as practicable after exercising the power, the police officer17
must record, in writing—18
(a) their reasons for deciding the exercise of the power was19
reasonably required to determine that the person has acquired,20
possesses or is using a firearm or firearm-related item; and21
(b) the particular matters stated in section 183ZW (3) or (4) that the22
officer took into account when making their decision; and23
(c) for the power mentioned in subsection (1) (c)—the particular24
grounds stated in section 183ZZ (2).25
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 51
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 12A.11 Destruction or disposal of1
surrendered or seized firearms or2
firearm-related items3
183ZZL Destruction or disposal of surrendered or seized firearms4
or firearm-related items5
(1) This section applies in relation to a firearm or firearm-related item6
surrendered or seized by a police officer under this part.7
(2) A police officer or the owner of the firearm or firearm-related item8
may apply to a court for an order that the firearm or firearm-related9
item is—10
(a) forfeited to the Territory; or11
(b) returned to the owner; or12
(c) destroyed; or13
(d) otherwise disposed of.14
(3) The court may make the order it considers appropriate.15
(4) However, the owner of the firearm or firearm-related item may not16
bring an application under subsection (2) if the firearm or17
firearm-related item was not possessed lawfully by the owner prior to18
the surrender or seizure.19
(5) This section is subject to section 183ZZJ (Return or forfeiture of20
things seized).21
Section 14
page 52 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 12A.12 Annual reporting and ombudsman1
oversight2
183ZZM Report to Minister3
(1) The chief police officer must, as soon as practicable after the end of4
each calendar year, give a written report to the Minister setting out5
the following in relation to the year:6
(a) the number of applications made for a firearm prohibition order;7
(b) the number of firearm prohibition orders made;8
(c) demographic information in relation to each person subject to a9
firearm prohibition order, but only if the information is not10
information that identifies a person subject to a firearm11
prohibition order;12
(d) the number of times a power under division 12A.1013
(Enforcement) was exercised and the number of times each14
power was exercised;15
(e) the number of firearms and firearm-related items seized during16
the exercise of a power under division 12A.10;17
(f) the number of charges laid for offences against this Act18
connected with searches conducted under division 12A.10;19
(g) the number of charges laid for any other offences connected with20
searches conducted under division 12A.10;21
(h) the number of times a person was found guilty of an offence22
against this part.23
(2) The Minister must present the report to the Legislative Assembly as24
soon as practicable after the report is given to the Minister.25
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 53
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183ZZN Report to ombudsman1
The chief police officer must, as soon as practicable after the end of2
each calendar year, give a written report to the ombudsman setting3
out the following in relation to the year:4
(a) the number of firearm prohibition orders made;5
(b) the number of times a power under division 12A.106
(Enforcement) was exercised and the number of times each7
power was exercised;8
(c) the kinds of things seized during the exercise of a power under9
division 12A.10;10
(d) the number of firearms and firearm-related items seized during11
the exercise of a power under division 12A.10;12
(e) the number of charges laid for offences against this Act13
connected with searches conducted under division 12A.10;14
(f) the number of charges laid for any other offences connected with15
searches conducted under division 12A.10.16
183ZZO Chief police officer to give application and firearm17
prohibition order to ombudsman18
(1) The chief police officer must, each time a firearm prohibition order is19
made, give the ombudsman—20
(a) a copy of the application for the order; and21
(b) a copy of the order.22
(2) The copies of the application and order must be given to the23
ombudsman within 7 days after the day the order is made.24
Section 14
page 54 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 12A.13 Miscellaneous1
183ZZP Court must decide whether information is security2
sensitive information3
(1) The chief police officer must apply to the Magistrates Court for a4
decision about whether information is security sensitive information5
if the chief police officer—6
(a) intends to use the information in a proceeding under this part7
(a proposed proceeding); and8
(b) believes on reasonable grounds the information is security9
sensitive information.10
Note If a form is approved under the Court Procedures Act 2004, s 8 for11
an application, the form must be used.12
(2) An application need not be served on anyone (including the person to13
whom the proposed proceeding relates) unless the court otherwise14
orders.15
(3) On application, the court must decide whether the information is16
security sensitive information.17
(4) Unless the chief police officer otherwise agrees, an application must18
be heard in closed court and in the absence of—19
(a) the person to whom the proposed proceeding relates; or20
(b) the person’s representative; or21
(c) any other interested party.22
(5) If the court decides that all or part of the information is security23
sensitive information, the court must ensure the security sensitive24
information is not disclosed in any reasons for the decision.25
Section 15
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 55
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(6) If security sensitive information is to be used in the proposed1
proceeding, the court must decide—2
(a) whether the information is to be disclosed to—3
(i) the person to whom the proposed proceeding relates or4
their representative; or5
(ii) any other interested party; and6
(b) if the information is to be disclosed—whether the information is7
disclosed as a summary of the information.8
183ZZQ Delegation by chief police officer9
The chief police officer may delegate a function under this part to a10
deputy chief police officer.11
183ZZR Review of pt 12A12
(1) The Minister must, as soon as practicable after the end of this part’s13
3rd year of operation, review the following:14
(a) the operation of this part;15
(b) whether or not this part is operating in a way that is consistent16
with human rights.17
(2) The Minister must present a report of the review to the Legislative18
Assembly within 12 months after the day the review is started.19
(3) This section expires 5 years after the day it commences.20
15 Destruction or disposal of seized or surrendered firearms21
New section 262 (6A)22
insert23
(6A) This section does not apply in relation to part 12A (Firearm24
prohibition orders).25
Section 16
page 56 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
16 Dictionary, definition of acquire, paragraph (a)1
substitute2
(a) a firearm or ammunition, for this Act (other than part 12A3
(Firearm prohibition orders))—see section 8; and4
17 Dictionary, new definitions5
insert6
amend, a firearm prohibition order, for part 12A (Firearm prohibition7
orders)—see section 183W.8
final order, for part 12A (Firearm prohibition orders)—see9
section 183A.10
firearm prohibition order, for part 12A (Firearm prohibition11
orders)—see section 183A.12
firearm-related item means any of the following:13
(a) a firearm part;14
(b) ammunition;15
(c) a suppressor;16
(d) any other item prescribed by regulation.17
interim order, for part 12A (Firearm prohibition orders)—see18
section 183A.19
law enforcement agency means each of the following:20
(a) the Australian Federal Police;21
(b) the police service or force of a State, another Territory or a22
foreign country;23
(c) the Department of Home Affairs (Cwlth);24
(d) the Australian Criminal Intelligence Commission;25
Section 17
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 57
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(e) the New South Wales Independent Commission Against1
Corruption or a similar entity established under the law of2
another State;3
(f) the New South Wales Crime Commission or a similar entity4
established under the law of another State;5
(g) an entity prescribed by regulation.6
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).7
order, for subdivision 12A.8.3 (Non-attendance by party at8
proceeding)—see section 183ZM.9
present, in relation to a proceeding in the Magistrates Court, means10
appears in person or is represented by another person in the11
proceeding.12
prohibited premises, for part 12A (Firearm prohibition orders)—see13
section 183A.14
relative, for part 12A (Firearm prohibition orders)—see the Family15
Violence Act 2016, section 11.16
residence, of a person, for part 12A (Firearm prohibition orders)—17
see section 183A.18
return date, for an application, for part 12A (Firearm prohibition19
orders)—see section 183A.20
security sensitive information means information held by a law21
enforcement agency that relates to actual or suspected criminal22
activity (whether in the ACT or elsewhere), the disclosure of which23
could reasonably be expected to—24
(a) prejudice a criminal investigation; or25
(b) enable the discovery of the existence or identity of a confidential26
source of information relevant to law enforcement; or27
(c) endanger a person’s life or physical safety.28
Section 17
page 58 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
serious offence, for part 12A (Firearm prohibition orders)—see1
section 183A.2
timing notice, for a hearing of an application under part 12A (Firearm3
prohibition orders)—see section 183A.4
vary, a firearm prohibition order, for part 12A (Firearm prohibition5
orders)—see section 183A.6
Consequential amendments Schedule 1
Court Procedures Act 2004 Part 1.1
Amendment [1.1]
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 59
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Consequential amendments1
(see s 3)2
Part 1.1 Court Procedures Act 20043
[1.1] New section 41 (2) (da)4
insert5
(da) the following sections of the Firearms Act 1996:6
(i) section 183ZG (Closed court for interim order hearings);7
(ii) section 183ZH (Closed court in special circumstances);8
(iii) section 183ZZP (Court must decide whether information9
is security sensitive information); and10
Part 1.2 Magistrates Court Act 193011
[1.2] New section 256 (aa)12
insert13
(aa) a proceeding under the Firearms Act 1996, part 12A (Firearm14
prohibition orders); or15
Part 1.3 Ombudsman Act 198916
[1.3] New section 4C (g)17
insert18
(g) to monitor compliance with the Firearms Act 1996,19
division 12A.10 (Enforcement) by the chief police officer and20
other officers in exercising functions under that division.21
Schedule 1 Consequential amendments
Part 1.3 Ombudsman Act 1989
Amendment [1.4]
page 60 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
[1.4] New division 2.2AA1
before division 2.2A, insert2
Division 2.2AA Monitoring police compliance with3
Firearms Act 19964
17CA Police to give ombudsman reasonable assistance5
The chief police officer and other officers exercising functions under6
the Firearms Act 1996, division 12A.10 (Enforcement) must give the7
ombudsman any assistance that the ombudsman reasonably requires8
to exercise the ombudsman’s functions in relation to that division.9
17CB Power to enter police premises10
(1) The ombudsman or a police officer may, after notifying the chief11
police officer of the intended entry, enter, at any time, any premises12
occupied by the Australian Federal Police where the ombudsman13
reasonably believes there are documents that are relevant to the14
ombudsman’s functions in relation to the Firearms Act 1996,15
division 12A.10 (Enforcement).16
(2) The ombudsman or a police officer may inspect or copy any17
document found at any premises entered under this section and do18
anything that is necessary or convenient to do to enable an inspection19
to be carried out under this section.20
[1.5] New section 20B21
insert22
20B Reports on police compliance with Firearms Act 199623
(1) The ombudsman may, at any time, give the Minister administering24
the Firearms Act 1996 a written report on—25
(a) the results of any inspections carried out under section 17CB26
(Power to enter police premises); and27