FIREARMS REGULATIONS 1997 (Northern Territory)

These Regulations implement detailed operational rules under the Firearms Act 1997 (the Act). They prescribe (that is, define in regulatory form) a range of eligibility, storage, display, transport, approval, and administrative requirements that give effect to the Act’s licensing and control framework. Key mechanical changes effected by the Regulations include:

Listing disqualifying offences and offences of violence for the Act’s fitness-to-hold-licence rules (rr 1A, 1B). The Regulations identify specific provisions of the Criminal Code and the Misuse of Drugs Act 1990 that, when committed (and in some cases only where a custodial sentence is imposed or particular aggravating circumstances exist), are treated as disqualifying (r 1A) or as offences of violence (r 1B).
Prescribing “genuine reasons” that an applicant must establish to obtain different licence types and specifying documentary proof or membership requirements appropriate to each reason (rr 2-11A, Div 1, Pt 2). Examples include club membership for sports shooters (r 2), ownership/permission to use rural land for hunting (r 3), primary production evidence (r 4), and RTO-delivered instructor training for firearm instructors (r 11A).
Imposing category-specific grant restrictions: the Commissioner must be satisfied of genuine need and that lesser categories cannot meet that need for category C (r 12) and D (r 13) firearms, and prescribe permitted genuine reasons for category H firearms (r 14). For sports shooting, category C authorisations granted under r 12(2) are limited to shotguns only (r 12(3)).
Setting conditions attaching to licences (collector, museum, heirloom, primary-production D licences), including mandatory rendering of certain firearms inoperable or restrictions on display/use (rr 18-20, 19A).

NORTHERN TERRITORY OF AUSTRALIA FIREARMS REGULATIONS 1997 As in force at 17 May 2024 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 1A Disqualifying offences...................................................................... 1 1B Offences of violence ........................................................................ 3 Part 2 Licences Division 1 Requirements relating to grant of licences 2 Requirements relating to sports shooting ........................................ 4 3 Requirements relating to recreational shooting or hunting .............. 4 4 Requirements relating to primary production ................................... 5 5 Requirements relating to vertebrate pest animal control ................. 5 6 Requirements relating to business or employment.......................... 5 7 Requirements relating to occupational requirements ...................... 5 8 Requirements relating to animal protection ..................................... 5 9 Requirements relating to firearms collection.................................... 6 10 Requirements relating to museum display....................................... 6 11 Requirements relating to inheritance ............................................... 6 11A Requirements relating to instruction in firearms use and safety ...... 7 Division 2 Grounds for not granting licences 12 Restrictions on granting licences for category C firearms ............... 7 13 Restrictions on granting licences for category D firearms ............... 8 14 Restrictions on granting licences for category H firearms ............... 9 15 Restrictions on granting firearms dealer licences ............................ 9 16 Restrictions on granting firearms corporate licences ..................... 10 17 Restrictions on granting firearms employee licences .................... 10 Division 3 Conditions applying to licences 18 Conditions applying to certain licences.......................................... 10 19 Conditions applying to firearms collector licences ......................... 11 19A Conditions applying to firearms museum licences......................... 11 20 Condition applying to firearms heirloom licences .......................... 12 Part 3 Storage and safe keeping 20A Application of Part ......................................................................... 12

Firearms Regulations 1997 ii 21 Storage and safe keeping requirements for category A and B firearms ......................................................................................... 12 22 Storage and safe keeping requirements for category C, D and H firearms ...................................................................................... 13 22A Storage and safe keeping requirements for ammunition ............... 13 23 Storage and safe keeping requirements for firearms dealer licences ......................................................................................... 14 24 Storage and safe keeping requirements for firearms armourer licences ......................................................................................... 16 25 Storage and safe keeping requirements for firearms collector licences ......................................................................................... 18 25AA Storage and safe keeping requirements for antique firearms collector licences ........................................................................... 19 25A Storage and safe keeping requirements for firearms museum licences ......................................................................................... 19 25B Storage and safekeeping requirements for firearms club licences ......................................................................................... 20 Part 4 Miscellaneous 25D Prescribed checks for shooter's licence or permit to purchase firearm ........................................................................................... 20 26 Particulars in licence...................................................................... 21 27 Firearms dealer's register and return ............................................. 21 30 Automatic cancellation of licences and permits ............................. 22 32 Transporting firearms .................................................................... 22 33 Recognition of interstate licences .................................................. 23 34 International competitors – prescribed information ........................ 24 Part 5 Category H sports shooting 35 Definitions ...................................................................................... 24 36 Prescribed category H firearms ..................................................... 25 37 Prescribed category H sports shooting disciplines ........................ 26 38 Specially accredited disciplines ..................................................... 26 39 Participation rate............................................................................ 26 Part 5A Paintball 39A Prescribed paintball firearm ........................................................... 27 39B Prescribed paintball pellets............................................................ 27 39C Prescribed amount of public liability insurance .............................. 27 39D Conditions of paintball operator licence or permit ......................... 27 Part 6 Infringement notices 40 When infringement notice may be served ..................................... 28 41 Prescribed amount ........................................................................ 28 42 Particulars to be included in infringement notice ........................... 28

Firearms Regulations 1997 iii 43 Expiation of offence ....................................................................... 29 44 Withdrawal of infringement notice ................................................. 29 45 How service effected ..................................................................... 30 46 General .......................................................................................... 30 Schedule 2 Storage and safekeeping requirements for category a and b firearms Schedule 3 Storage and safekeeping requirements for category C, D and H firearms Schedule 4 Infringement notices prescribed offences and amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 17 May 2024

FIREARMS REGULATIONS 1997 Regulations under the Firearms Act 1997 Part 1 Preliminary 1 Citation These Regulations may be cited as the Firearms Regulations 1997. 1A Disqualifying offences (1AA) This regulation prescribes offences to be disqualifying offences for section 3(1) of the Act, definition disqualifying offence, paragraph (a). (1) An offence against any of the following provisions of the Criminal Code is a disqualifying offence: (a) section 51, 54, 55, 62, 73, 74, 110 or 148B; (d) section 155A, where a custodial sentence is imposed; (e) section 156, 160, 161A or 165; (f) section 166, where a custodial sentence is imposed; (g) section 170; (ga) section 174C, where the circumstance of aggravation specified in section 174G(a) exists; (gb) section 174E, 174F, 175, 176, 177, 178, 179, 180, 181 or 182; (h) section 180A, 184, 185 or 188(2)(m), if a custodial sentence is imposed; (i) section 188A(1) if the victim suffers harm; (j) section 189A(1), where the circumstance of aggravation specified in section 189A(2)(b) exists;

Part 1 Preliminary Firearms Regulations 1997 2 (k) section 189(2), where: (i) the circumstance of aggravation specified in section 189(2)(b) exists; or (ii) a custodial sentence is imposed; (l) section 190; (m) section 191, where a custodial sentence is imposed; (o) section 193B(1), where the circumstance of aggravation specified in section 193B(2) or (3) exists; (oa) section 194, 195, 196, 201, 202, 202B, 202C, 202D, 208H, 208HA or 208HB; (ob) section 208JI or 208MA, if a custodial sentence is imposed; (oc) section 218; (p) section 221(1), where the circumstance of aggravation specified in section 222(1)(c) or (d) exists; (s) section 224, 225(3), 228, 242, 243, 244, 245 or 281. (1A) An offence against the following provisions of the Criminal Code, as in force before the commencement of this subregulation, is a disqualifying offence: (a) section 211; (b) section 212(1), where the circumstance of aggravation specified in section 212(2) or (3) exists; (c) section 213(1), where the circumstance of aggravation specified in section 213(6) exists; (d) section 215; (e) section 216, where the circumstance of aggravation specified in section 216(2) or (3) exists; (f) section 226B. (1B) An offence against any of the following provisions of the Criminal Code, as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023, is a disqualifying offence: (a) section 131A or 134, if a custodial sentence is imposed;

Part 1 Preliminary Firearms Regulations 1997 3 (b) section 192 or 192B. (2) An offence against any of the following provisions of the Misuse of Drugs Act 1990 is a disqualifying offence: (a) Part II, Division 1, other than sections 6B(1), 7B(1) and 7D(1); (b) section 7B(1) or 7D(1) if a sentence of imprisonment is imposed. 1B Offences of violence (1AA) This regulation prescribes offences to be offences of violence for section 3(1) of the Act, definition offence of violence, paragraph (a). (1) An offence against any of the following provisions of the Criminal Code is an offence of violence: (a) section 57 or 58; (b) section 69, 70 or 125, where a custodial sentence is imposed; (e) section 132; (f) section 134, unless a custodial sentence is imposed; (g) section 148C or 148D; (h) section 155A, 166 or 185, unless a custodial sentence is imposed; (i) section 174C, 174D, 186, 186AA or 188(2)(a) to (j); (j) section 188(2)(m), unless a custodial sentence is imposed; (k) section 188A(1) if the victim does not suffer harm; (m) section 189A(1), unless the circumstance of aggravation specified in section 189A(2)(b) exists; (n) section 189(2), where the circumstance of aggravation specified in section 189(2)(a) exists, unless a custodial sentence is imposed; (o) section 191, unless a custodial sentence is imposed; (p) section 193; (pa) section 193B(1), unless a circumstance of aggravation specified in section 193B(2) or (3) exists;

Part 2 Licences Division 1 Requirements relating to grant of licences Firearms Regulations 1997 4 (q) section 200, where a custodial sentence is imposed; (r) section 208JG, 208LB, 208LC or 208LD. (2) An offence against any of the following provisions of the Criminal Code, as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023, is an offence of violence: (a) section 130 or 131; (b) section 131A, unless a custodial sentence is imposed; (c) section 188(2)(k). Part 2 Licences Division 1 Requirements relating to grant of licences 2 Requirements relating to sports shooting An applicant for a licence whose genuine reason for possessing or using firearms is sports shooting must be a member of an approved firearms club. 3 Requirements relating to recreational shooting or hunting An applicant for a licence whose genuine reason for possessing or using firearms is recreational shooting or hunting must: (a) be the owner or occupier of rural land; (b) produce proof of permission given by the owner or occupier of rural land to shoot on the rural land; (c) produce proof of permission given by an employee of an Agency, within the meaning of the Public Sector Employment and Management Act 1993, to shoot on Crown land; or (d) produce proof of permission given by the clerk of a local government council to shoot on land owned or occupied by the council.

Part 2 Licences Division 1 Requirements relating to grant of licences Firearms Regulations 1997 5 4 Requirements relating to primary production An applicant for a licence whose genuine reason for possessing or using firearms is primary production must: (a) be a person who is a primary producer or the owner, lessee or manager of land used for primary production; and (b) produce evidence to the Commissioner's satisfaction that he or she intends to use firearms solely in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land). 5 Requirements relating to vertebrate pest animal control An applicant for a licence whose genuine reason for possessing or using firearms is vertebrate pest animal control must be: (a) a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land; or (b) a person employed by or in, or authorised by, an Agency, within the meaning of the Public Sector Employment and Management Act 1993, or a government or local government council, that has functions relating to the control or suppression of vertebrate pest animals. 6 Requirements relating to business or employment An applicant for a licence whose genuine reason for possessing or using firearms is business or employment must demonstrate that it is necessary in the conduct of the applicant's business or employment to possess or use firearms for which the licence is sought. 7 Requirements relating to occupational requirements An applicant for a licence whose genuine reason for possessing or using firearms is occupational requirements must be employed or engaged in an occupation that requires the possession or use of firearms for which the licence is sought. 8 Requirements relating to animal protection An applicant for a licence whose genuine reason for possessing or using firearms is animal protection must be: (a) an officer of the Royal Society for the Prevention of Cruelty to Animals established in the Territory; or

Part 2 Licences Division 1 Requirements relating to grant of licences Firearms Regulations 1997 6 (b) a registered veterinarian or registered veterinarian specialist, within the meaning of the Veterinarians Act 1994; or (c) a person employed by or in an Agency, within the meaning of the Public Sector Employment and Management Act 1993, or a government or local government council, responsible for animal welfare; or (d) an owner, transporter, drover or other handler of animals who may need to destroy animals to avoid suffering. 9 Requirements relating to firearms collection An applicant for a licence whose genuine reason for possessing firearms is firearms collection must: (a) be a member of an approved society or club the members of which collect firearms of the kind for which the licence is sought; and (b) collect firearms for display: (i) as curiosities or ornaments; or (ii) for their historic or artistic value or mechanical uniqueness. 10 Requirements relating to museum display An applicant for a licence whose genuine reason for possessing or using firearms is museum display must collect firearms for display: (a) as curiosities or ornaments; or (b) for their historic or artistic value or mechanical uniqueness. 11 Requirements relating to inheritance An applicant for a licence whose genuine reason for possessing a firearm is inheritance must: (a) produce proof of the inheritance; and (b) not qualify to possess the firearm under any other licence.

Part 2 Licences Division 2 Grounds for not granting licences Firearms Regulations 1997 7 11A Requirements relating to instruction in firearms use and safety An applicant for a licence whose genuine reason for possessing a firearm is instruction in firearms use and safety must: (a) have successfully completed a course in instructional techniques that is delivered by a registered training organisation (RTO) as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth); and (b) either: (i) have successfully completed a course for firearms instructors that is delivered by an RTO; or (ii) possess the relevant skills, experience or qualifications to make the applicant suitable to deliver firearms use and safety training. Division 2 Grounds for not granting licences 12 Restrictions on granting licences for category C firearms (1) The Commissioner is not to grant a licence authorising the possession or use of category C firearms unless: (a) the genuine reason for possessing or using the firearms established by the applicant for the licence is any of the following: (i) sports shooting; (ii) primary production; (iii) vertebrate pest animal control; (iv) business or employment; (v) occupational requirements; (vi) animal protection; (vii) firearms collection; (viii) museum display; (ix) instruction in firearms use and safety; (x) paintball operator or employee; and

Part 2 Licences Division 2 Grounds for not granting licences Firearms Regulations 1997 8 (b) the applicant produces evidence to the Commissioner's satisfaction that there is a genuine need for the applicant to possess or use category C firearms; and (c) the applicant produces evidence to the Commissioner's satisfaction that the genuine need is not met by any other means (including by the possession or use of category A firearms or category B firearms). (2) Where the genuine reason established under subregulation (1) is sport shooting, an applicant is to be taken to have complied with paragraphs (b) and (c) where the applicant satisfies the Commissioner that: (a) he or she is a member of an approved firearms club; and (b) members of the firearms club compete in target shooting disciplines for shotguns conducted by the Olympic Games or the Commonwealth Games or at national, international or world championships. (3) Where a licence authorising the possession or use of a category C firearm is granted for the genuine reason of sports shooting, the licence authorises the possession or use of a shotgun only and does not authorise the possession or use of any other category C firearm. 13 Restrictions on granting licences for category D firearms (1) The Commissioner is not to grant a licence authorising the possession or use of category D firearms unless: (a) the genuine reason for possessing or using the firearms established by the applicant for the licence is any of the following: (i) primary production; (ii) vertebrate pest animal control; (iii) business or employment; (iv) occupational requirements; (v) firearms collection; (vi) museum display; (vii) instruction in firearms use and safety; and

Part 2 Licences Division 2 Grounds for not granting licences Firearms Regulations 1997 9 (b) the applicant produces evidence to the Commissioner's satisfaction that there is a genuine need for the applicant to possess or use category D firearms. (2) Where the genuine reason established under subregulation (1) is primary production, the applicant must produce evidence to the Commissioner's satisfaction that he or she needs to possess or use category D firearms for the culling of large feral animals and the need is not met by any other means (including by the possession or use of another category of firearm or the employing of a professional contract shooter). 14 Restrictions on granting licences for category H firearms The Commissioner is not to grant a licence authorising the possession or use of category H firearms unless: (a) the genuine reason for possessing or using the firearms established by the applicant for the licence is any of the following: (i) sports shooting; (ii) business or employment; (iii) occupational requirements; (iv) firearms collection; (v) museum display; (vi) inheritance; (vii) instruction in firearms use and safety; and (b) the applicant produces evidence to the Commissioner's satisfaction that there is a genuine need for the person to possess or use category H firearms. 15 Restrictions on granting firearms dealer licences (1) The Commissioner is not to grant a firearms dealer licence in respect of category C firearms, category D firearms or category H firearms unless: (a) the applicant for the licence is already the holder of a firearms dealer licence;

Part 2 Licences Division 3 Conditions applying to licences Firearms Regulations 1997 10 (b) the applicant produces evidence to the Commissioner's satisfaction that the applicant derives a substantial part of his or her income from dealing in firearms; and (c) the Commissioner is satisfied that the applicant has complied with the reporting and the storage and safe keeping requirements in respect of the firearms dealer licence held by the applicant. (2) Subregulation (1) does not apply where the applicant is an approved firearms club. 16 Restrictions on granting firearms corporate licences The Commissioner is not to grant a firearms corporate licence unless satisfied: (a) the applicant is engaged in a business or undertakes activities in respect of which there is a need to possess or use firearms; (b) the applicant has made adequate provision for the safe storage and control of firearms the applicant will possess; and (c) the applicant has made arrangements, when required by the Commissioner, for those employees of the applicant who will possess firearms to undertake an approved firearms training and safety program. 17 Restrictions on granting firearms employee licences The Commissioner may refuse to grant a firearms employee licence unless satisfied that the applicant has satisfactorily completed an approved firearms training and safety program. Division 3 Conditions applying to licences 18 Conditions applying to certain licences (1) A licence authorising the possession or use of category D firearms granted to an applicant whose genuine reason is primary production is subject to the following conditions: (a) the holder may only possess or use category D firearms in an area specified by the Commissioner; (b) the holder must obtain the approval of the Civil Aviation Safety Authority before using category D firearms from a helicopter; (c) the holder is to use category D firearms for culling from the ground only when airborne culling is not practicable;

Part 2 Licences Division 3 Conditions applying to licences Firearms Regulations 1997 11 (d) at the expiration of the licence, all category D firearms must be surrendered to a member of the Police Force or stored or disposed of in an approved manner. (2) A licence authorising the possession or use of category C firearms granted to an applicant in accordance with regulation 12(2) is subject to the following conditions: (a) the holder must take part in not less than 4 target competitions conducted by the club of which the holder is a member in each year of the licence; (b) the holder may only use a shotgun under the licence: (i) at premises occupied by a firearms club that are approved under Part 8 of the Act; and (ii) in accordance with approved competition and associated training programs (including the loading of not more than 2 cartridges at a time). 19 Conditions applying to firearms collector licences A firearms collector licence is subject to the following conditions: (a) all category D firearms in the collection must be rendered permanently incapable of being fired; (b) all category A, B, C and H firearms in the collection must be rendered temporarily incapable of being fired by the removal and separate storage of the bolt or firing pin or by a trigger lock, or by an approved method; (c) the holder must not restore a category D firearm in the collection to a state that it can be fired. 19A Conditions applying to firearms museum licences A firearms museum licence is subject to the following conditions: (a) all firearms in the possession or custody of the museum must be rendered temporarily incapable of being fired by the removal and separate storage of the bolt or firing pin or by a trigger lock or by an approved method; (b) the holder must not restore a category D firearm to a state that it can be fired.

Part 3 Storage and safe keeping Firearms Regulations 1997 12 20 Condition applying to firearms heirloom licences A firearm heirloom licence is subject to the condition that a firearm specified in the licence must be permanently incapable of being fired. Part 3 Storage and safe keeping 20A Application of Part This Part does not apply in relation to a category D firearm that: (a) is designed for military purposes; and (b) is either: (i) permanently affixed to a tank, military aircraft or other military vehicle; or (ii) a firearm that is designed so that it can only be operated or moved by more than one person; and (c) has been rendered permanently incapable of being fired. Examples for regulation 20A A tank, anti-aircraft gun, aircraft-mounted machine gun, artillery piece or large mortar that has been rendered permanently incapable of being fired. 21 Storage and safe keeping requirements for category A and B firearms A category A firearm or category B firearm must be stored in accordance with the following requirements: (a) when the firearm is not actually being used or carried, it must be stored in a locked receptacle that complies with the requirements specified in Schedule 2; (b) if the receptacle weighs less than 150 kg when empty, it must be fixed to a wall or floor in a manner that prevents its easy removal.

Part 3 Storage and safe keeping Firearms Regulations 1997 13 22 Storage and safe keeping requirements for category C, D and H firearms A category C firearm, category D firearm or category H firearm must be stored in accordance with the following requirements: (a) when the firearm is not actually being used or carried, it must be stored in a safe or other receptacle that complies with the requirements specified in Schedule 3; (b) the safe or receptacle must be bolted to a wall or floor. 22A Storage and safe keeping requirements for ammunition (1) A person in possession of ammunition must, when the ammunition is not being used or carried, ensure that the ammunition is stored separately from firearms in a sturdy container that is locked. (2) The container may be: (a) stored inside a receptacle that contains firearms; or (b) attached to, or form a separate compartment within, a receptacle that contains firearms; or (c) stored externally to a receptacle that contains firearms. (3) The container must have a lock that is a combination lock, key lock or electronic lock that is different to any combination lock, key lock or electronic lock used to open a receptacle in the person's possession or control that contains firearms. (4) A key, code or other access device that secures the lock of a container that contains ammunition must be stored separately from a key, code or other access device used to open a receptacle that contains firearms. (5) This regulation does not apply to a person who is excluded under section 4(4A) of the Act from the application of section 69 of the Act. Examples for regulation 22A 1 An ammunition box stored outside of a firearms safe. The ammunition box is opened using a key and the safe is opened using a code. 2 An ammunition box that is stored inside a firearms safe. The ammunition box and the safe are opened using two different keys that are stored separately. 3 A compartment for ammunition that is built into a firearms safe. The safe is opened using one code and the compartment containing ammunition is opened using a different code.

Part 3 Storage and safe keeping Firearms Regulations 1997 14 23 Storage and safe keeping requirements for firearms dealer licences (1) The following storage and safe keeping requirements apply to premises or a part of premises used by the holder of a firearms dealer licence to conduct business under the licence: (a) the premises or the part of the premises must be a permanent building that complies with the following: (i) all doors must be made of solid material or covered by a steel sheet or reinforced steel mesh that is firmly fixed or motion sensors must be fitted to all internal areas of the premises or the part of the premises; (ii) all doors must be fitted with locks of the dead latch type or an extra hasp and padlock must be fitted; (iii) all doors must be fitted with hinges that are concealed or that have had the hinge pins welded; (iv) all doors must be fitted with 4 shoot bolts, on the inside and at the top and bottom of each door; (v) all side and rear windows must be fitted with security screens; (vi) all front windows must be fitted with security screens or motion sensors must be fitted to all internal areas of the premises or the part of the premises; (vii) where motions sensors are fitted, they must be connected and operate to warn of any unauthorised entry of persons; (b) a storage room in the premises or part of the premises in which firearms are stored must comply with the following: (i) all walls must be sufficiently solid to provide a physical barrier to entry; (ii) all windows must be fitted with security screens; (iii) all lockable containers in the room must be constructed of steel or similar strong material and must be fitted with hinges that are concealed or that have had the hinge pins welded.

Part 3 Storage and safe keeping Firearms Regulations 1997 15 (2) The following storage and safekeeping requirements apply to firearms possessed under a firearms dealer licence: (a) category A firearms and category B firearms may be displayed during business hours if: (i) the firearms are displayed in a rack that is fixed to a solid wall; and (ii) the firearms are secured in the rack by a high tensile cable or chain, with a minimum diameter of 4 mm, that passes through the trigger guard of each firearm and is padlocked to a wall or other immovable fixture; (b) category H firearms may be displayed during business hours if the firearms are in a lockable display cabinet that is: (i) fitted with glass or other material of sufficient strength to prevent easy entry; and (ii) locked at all times except when a person who is the holder of a licence that authorises the person to possess or use category H firearms is inspecting a firearm in the cabinet; (c) all display cabinets in which firearms are displayed must be designed so that the firearms on display cannot be readily removed; (d) category A firearms and category B firearms may be stored in the rack referred to in paragraph (a) after business hours if the rack is constructed so that a sliding or drop down security mesh screen covers the firearms in the rack to prevent their removal; (e) category A firearms and category B firearms, if not stored after business hours in accordance with paragraph (d), must be stored in a storage room that complies with the requirements of subregulation (1)(b); (f) category H firearms must be stored after business hours in a locked safe in a storage room that complies with the requirements of subregulation (1)(b); (g) category C firearms and category D firearms must not be displayed at anytime and must be stored in a storage room that complies with the requirements of subregulation (1)(b) in a safe that must remain locked at all times except when a person who holds a licence to possess or use category C firearms or category D firearms is inspecting a firearm in the

Part 3 Storage and safe keeping Firearms Regulations 1997 16 safe. (3) The holder of a firearms dealer licence must affix and keep affixed to each firearm in the holder's possession (other than for the purposes of maintenance or repair) a label showing the entry number for that firearm as entered in the register required to be kept under the Act and the identifying number (if any) of the firearm. 24 Storage and safe keeping requirements for firearms armourer licences (1) The following storage and safe keeping requirements apply to premises or a part of premises used by the holder of a firearms armourer licence to conduct business under the licence: (a) the premises or the part of the premises must be a permanent building that complies with the following: (i) all doors must be made of solid material or covered by a steel sheet or reinforced steel mesh that is firmly fixed; (ii) all doors must be fitted with locks of the dead latch type or an extra hasp and padlock must be fitted; (iii) all doors must be fitted with hinges that are concealed or that have had the hinge pins welded; (iv) all doors must be fitted with 4 shoot bolts, on the inside and at the top and bottom of each door; (v) all side and rear windows must be fitted with security screens; (vi) all front windows must be fitted with security screens or motion sensors must be fitted to all internal areas of the premises or the part of the premises; (vii) where motions sensors are fitted, they must be connected and operate to warn of any unauthorised entry of persons; (b) a storage room in which firearms are stored must comply with the following: (i) all walls must be sufficiently solid to provide a physical barrier to entry; (ii) all windows must be fitted with security screens;

Part 3 Storage and safe keeping Firearms Regulations 1997 17 (iii) all lockable containers in the room must be constructed of steel or similar strong material, fixed to the floor or wall, and must be fitted with hinges that are concealed or that have had the hinge pins welded. (2) The following storage and safekeeping requirements apply to firearms possessed under a firearms armourer licence: (a) category A firearms and category B firearms may be displayed during business hours if: (i) the firearms are displayed in a rack that is fixed to a solid wall; and (ii) the firearms are secured in the rack by a high tensile cable or chain, with a minimum diameter of 4 mm, that passes through the trigger guard of each firearm and is padlocked to a wall or other immovable fixture; (b) all display cabinets in which firearms are displayed must be designed so that the firearms on display cannot be readily removed; (c) category A firearms and category B firearms may be stored in the rack referred to in paragraph (a) after business hours if the rack is constructed so that a sliding or drop down security mesh screen covers the firearms in the rack to prevent their removal; (d) category A firearms and category B firearms, if not stored after business hours in accordance with paragraph (c), must be stored in a storage room that complies with the requirements of subregulation (1)(b); (e) category H firearms must be stored after business hours in a locked safe in a storage room that complies with the requirements of subregulation (1)(b); (f) category C firearms, category D firearms and category H firearms must be stored in a locked safe except when being repaired or tested.

Part 3 Storage and safe keeping Firearms Regulations 1997 18 25 Storage and safe keeping requirements for firearms collector licences (1) The following storage and safe keeping requirements apply to premises or a part of premises used by the holder of a firearms collector licence to store firearms under the licence: (a) the premises or the part of the premises must be a permanent building and all windows and doors to the building must be fitted with locks; (b) a storage room in which firearms are stored must comply with the following: (i) all walls must be sufficiently solid to provide a physical barrier to entry; (ii) all windows are to be fitted with security screens; (iii) all doors must be made of solid material or covered by a steel sheet or reinforced steel mesh that is firmly fixed; (iv) all doors must be fitted with locks of the dead latch type or an extra hasp and padlock must be fitted; (v) all doors must be fitted with hinges that are concealed or that have had the hinge pins welded; (vi) all lockable containers in the room must be constructed of steel or similar strong material and must be fitted with hinges that are concealed or that have had the hinge pins welded. (2) The following storage and safekeeping requirements apply to firearms possessed under a firearms collector licence: (a) category A firearms and category B firearms may be displayed if: (i) the firearms are displayed in a rack that is fixed to a solid wall; and (ii) the firearms are secured in the rack by a high tensile cable or chain, with a minimum diameter of 4 mm, that passes through the trigger guard of each firearm and is padlocked to a wall or other immovable fixture; (b) category C firearms may be displayed if the firearms are in a lockable display cabinet designed so that the firearms in the cabinet cannot be readily removed;

Part 3 Storage and safe keeping Firearms Regulations 1997 19 (c) category D firearms and category H firearms must be stored in a locked container in a storage room complying with the requirements of subregulation (1)(b) and may be displayed only in the presence of the holder of the firearms collector licence. 25AA Storage and safe keeping requirements for antique firearms collector licences (1) The holder of an antique firearms collector licence must store firearms held under the licence so that: (a) every firearm is kept safely; (b) no firearm is stolen or lost; and (c) no firearm comes into the possession of a person who is not authorised to possess it. (2) The holder of an antique firearms collector licence may display a firearm held under the licence if: (a) the firearm is displayed in a rack that is fixed to a solid wall and the firearm is secured in the rack by a high tensile cable or chain, with a minimum diameter of 4mm, that passes through the trigger guard of each firearm in the rack and is padlocked to a wall or other immovable fixture; or (b) the firearm is displayed in a locked display cabinet that is fitted with glass or other material of sufficient strength to prevent easy entry. 25A Storage and safe keeping requirements for firearms museum licences (1) The storage and safekeeping requirements specified in regulation 25(1) apply to premises or part of premises used by the holder of a firearms museum licence to store firearms under the licence. (2) The following storage and safekeeping requirements apply to firearms possessed under a firearms museum licence: (a) category A and B firearms may be displayed if: (i) the firearms: (A) are displayed in a rack that is fixed to a solid wall; and

Part 4 Miscellaneous Firearms Regulations 1997 20 (B) are secured in the rack by a high tensile cable or chain, with a minimum diameter of 4 mm, that passes through the trigger guard of each firearm and is padlocked to a wall or other immovable fixture; or (ii) the firearms are displayed in a locked display cabinet designed so that the firearms in the cabinet cannot be readily removed; (b) category C, D and H firearms may be displayed if the firearms are in a locked display cabinet designed so that the firearms in the cabinet cannot be readily removed. 25B Storage and safekeeping requirements for firearms club licences (1) The holder of a firearms club licence must take all reasonable steps to ensure that the persons nominated under section 9(6)(b) of the Act comply with the storage and safe keeping requirements of the Act and these Regulations in relation to: (a) the club's firearms; and (b) firearms held by the club on behalf of its members, when those firearms are not in use. (2) Subregulation (1) applies in relation to firearms whether stored on or off the club's premises. Part 4 Miscellaneous 25D Prescribed checks for shooter's licence or permit to purchase firearm For the purposes of sections 10(5) and 35(5) of the Act, the prescribed checks are checks by the Commissioner of: (a) the records of the Northern Territory Police Force; and (b) if the Commissioner considers it necessary – the records of the Australian Federal Police and the records of each of the States and other Territories of the Commonwealth,

Part 4 Miscellaneous Firearms Regulations 1997 21 to determine if the applicant for the licence or permit is recorded as: (c) having been charged with, or convicted or otherwise dealt with by a court or other tribunal for, a breach of the criminal law or a law relating to domestic violence; or (d) having been the subject of an order made by a court or other tribunal under a law relating to domestic violence or mental health. 26 Particulars in licence For the purposes of section 12 of the Act, the prescribed particulars are: (a) the name of the holder; (b) if the holder is an individual, the date of birth of the holder; (c) the genuine reason for the licence; (d) the type of licence; (e) the number of the licence; (f) the category of firearms that may be possessed or used under the licence; (g) the expiry date of the licence; (h) the conditions to which the licence is subject; (j) in relation to a firearms dealer licence and firearms armourer licence, the business name, if any, of the holder; and (j) in relation to a firearms employee licence, the name of the employer of the holder. 27 Firearms dealer's register and return (1) For the purposes of section 18 of the Act, the prescribed particulars for each purchase, receipt, sale or transfer of a firearm or firearm part by the holder of a firearms dealer licence are: (a) the name and address of the person involved in the purchase, receipt, sale or transfer; (b) the number of the person's licence authorising the person to possess or use the firearm or firearm part;

Part 4 Miscellaneous Firearms Regulations 1997 22 (c) the number of the person's permit to purchase or acquire the firearm or firearm part; (d) for each firearm or firearm part that is or has been in the possession of the holder of the firearms dealer licence: (i) the date of its initial purchase or receipt by the holder and of its subsequent sale or transfer; (ii) the name and address of the person who initially gave possession of it to the holder; and (iii) when it is sold or transferred, its make, serial number, calibre, type, action and magazine capacity (if any). 30 Automatic cancellation of licences and permits For the purposes of section 40(2) of the Act, the following conditions are prescribed: (a) a condition authorising the carrying of category H firearms whilst physically present during the transfer or security of money or other valuable items in the course of duty as a security guard; (b) a condition authorising the carrying of category H firearms for approved purposes; (c) a condition requiring a pistol to be in a holster and is secured by an approved trigger guard; (d) a condition that firearms of a person's employer be possessed or used only in the course of employment; (e) a condition authorising the possession or use of category H firearms for approved activities; (f) a condition prohibiting the carrying of category H firearms concealed on the person. 32 Transporting firearms (1) For the purposes of section 66 of the Act, a prohibited firearm or a category A, B, C, D or H firearm may be conveyed: (a) by registered post; (b) by a commercial freight carrier or a common carrier; or

Part 4 Miscellaneous Firearms Regulations 1997 23 (c) in the possession of: (i) the owner of the firearm; or (ii) a person who is licensed to be in possession of the firearm and who has the owner's permission to be in possession of the firearm. (2) Where: (a) a firearm is being conveyed in a motor vehicle; and (b) the motor vehicle is left unattended at a place away from where the firearm is normally stored or secured, Then: (c) the firearm is to be placed in the boot, the cargo carrying area or some other lockable compartment of the vehicle or is to be secured by means of a firearm securing device; (d) the firearm is to be completely hidden from open view; (e) ammunition for the firearm is to be placed in a lockable compartment of the vehicle (other than the compartment in which the firearm is placed) or in a locked container secured in or on the vehicle; and (f) the person in charge of the vehicle must take all reasonable steps to ensure that, while the vehicle remains unattended, the firearm: (i) is kept safely in the vehicle; (ii) is not stolen or removed from the vehicle; and (iii) does not come into the possession of a person who is not licensed to be in possession of the firearm. 33 Recognition of interstate licences (1) For section 92(b) of the Act, a person who holds a corresponding licence authorising the possession or use of a category A firearm or a category B firearm who is residing temporarily in the Territory is not required to hold a licence to possess or use the firearm for any purpose for which the person is authorised to possess or use the firearm in the State or Territory that issued the corresponding licence.

Part 5 Category H sports shooting Firearms Regulations 1997 24 (2) In subregulation (1), residing temporarily means residing for a period less than 3 months. 34 International competitors – prescribed information (1) For the purposes of section 33A(2) of the Act, the following information is prescribed: (a) the international competitor's full name, address and date of birth; (b) the international competitor's passport or visa number (including details of the country of issue and date of expiry); (c) the make, model, calibre, action and serial number of the firearm being imported by the international competitor; (d) the international competitor's reason for importing more than one firearm (if applicable); (e) the international competitor's firearms licence from his or her country of residence showing the official stamp or other mark of the issuing authority, a photograph of the applicant, the country of issue, the date of expiry and the classes or categories of firearms to which the licence relates; (f) the dates and locations of shooting competition events in which the international competitor will participate; (g) the period the international competitor intends to stay in Australia. (2) If an international competitor is unable to produce a firearms licence as required by subregulation (1)(e), the international competitor will be taken to have complied with the paragraph if the international competitor provides to the Commissioner a clearance certificate, containing a photograph of the international competitor and signed by the relevant authority in the international competitor's country of residence, declaring that the international competitor is lawfully entitled to possess, carry and use firearms in that country of the categories or classes named in the certificate. Part 5 Category H sports shooting 35 Definitions In this Part: IPSC means International Practical Shooting Confederation.

Part 5 Category H sports shooting Firearms Regulations 1997 25 ISSF means International Sports Shooting Federation. NRA means National Rifle Association. 36 Prescribed category H firearms (1) For sections 15A(1), 15C(a), 35A(2), 58(2A)(a)(i) and 110 of the Act, the following are prescribed firearms: (a) category H firearms that comply with the following: (i) the calibre of the firearm does not exceed .38" unless the firearm is for use in a specially accredited discipline, in which case the calibre may exceed .38" but must not exceed .45"; (ii) if the firearm is self-loading, the barrel length is not less than 120mm; (iii) if the firearm is a revolver or a single-shot pistol, the barrel length is not less than 100 mm; (iv) the shot capacity of the firearm does not exceed 10 rounds; (b) black powder or muzzle loading pistols; (c) cap and ball percussion revolvers; (d) highly specialised target pistols. (2) In subregulation (1): barrel length means: (a) if the firearm is a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder; and (b) if the firearm is not a revolver, the distance from the muzzle of the barrel to the point of the breach face (which includes the chamber). highly specialised target pistol means a pistol: (a) that does not comply with the specifications in paragraph (a); and (b) that is held under a category H sports shooter's licence for use in ISSF competition events where both the pistol and the use of the pistol comply fully with the rules of the ISSF.

Part 5 Category H sports shooting Firearms Regulations 1997 26 37 Prescribed category H sports shooting disciplines For the definition of category H sports shooting in section 3(1) of the Act, each of the following is a prescribed category H shooting discipline if the match is run in accordance with the rules of the national or international body that administers the discipline: (a) Black Powder Match; (ab) International Confederation of Revolver Enthusiasts (ICORE); (b) IPSC; (c) ISSF; (d) Metallic Silhouette; (e) NRA Action Match; (f) Police and Services Match; (g) Single Action Match. 38 Specially accredited disciplines For the definition of specially accredited discipline in section 3(1) of the Act, the following category H sports shooting disciplines are prescribed as disciplines for which a category H firearm with a calibre greater than .38" but not greater than .45" may be used: (a) Metallic Silhouette; (b) Single Action Match. 39 Participation rate For section 15C(d) of the Act, the prescribed participation rate for the holder of a category H sports shooter's licence is as follows: (a) a minimum of 12 shooting events in a calendar year with not less than 3 events in any financial quarter-year; (b) if the holder of the licence engages in 3 shooting disciplines, the minimum number of shooting events for the calendar year is 14; (c) for each additional shooting discipline in excess of 3 disciplines that the holder of the licence engages in, the minimum number of shooting events for the calendar year increases by 4.

Part 5A Paintball Firearms Regulations 1997 27 Part 5A Paintball 39A Prescribed paintball firearm For the definition paintball in section 3(1) of the Act, a prescribed paintball firearm is a paintball firearm that: (a) has a calibre of .68"; and (b) discharges paintball pellets at a velocity of not more than 91.44 m per second; and (c) is a single shot pump action or semi-automatic; and (d) does not have the appearance of a pistol or prohibited firearm. 39B Prescribed paintball pellets For the definition paintball in section 3(1) of the Act, prescribed paintball pellets are gelatine capsules that: (a) when made, have a diameter of 17.27 mm; and (b) are filled with a water-soluble marking dye of any colour except red or brown. 39C Prescribed amount of public liability insurance For section 9(9)(c) of the Act, the prescribed amount is $10 million. 39D Conditions of paintball operator licence or permit A paintball operator licence or permit is subject to the following conditions: (a) the paintball operator must not alter the approved paintball range without the written approval of the Commissioner; (b) the operator must: (i) within 7 days after a change to the operator's business (whether relating to the business activities or the constitution of the business), give written notice to the Commissioner about the change; and (ii) give the Commissioner the documents or information the Commissioner requires relating to the change;

Part 6 Infringement notices Firearms Regulations 1997 28 (c) the operator must ensure the operator's paintball operator employees: (i) complete an approved paintball safety course; and (ii) personally supervise the possession and use of paintball firearms by paintball players at the range; and (iii) exercise all reasonable care and precaution, and give the necessary directions to any person, to prevent danger of injury arising out of the playing of paintball at the range; (d) the operator must ensure only paintball firearms are used for playing paintball at the range; (e) the operator must ensure compliance with an approved paintball operator code of practice; (f) the operator must allow a police officer or approved person to inspect the approved paintball range at any reasonable time to ensure compliance with the Act. Part 6 Infringement notices 40 When infringement notice may be served If a member of the Police Force believes that a person has committed an offence against a provision of the Act or these Regulations specified in column 1 of Schedule 4, he or she may serve an infringement notice on the person. 41 Prescribed amount The prescribed amount that may be paid, instead of the penalty that may otherwise be imposed, for an offence against a provision of the Act or these Regulations specified in column 1 of Schedule 4 is the amount specified opposite in column 2. 42 Particulars to be included in infringement notice An infringement notice is to include the following particulars: (a) the name and address of the alleged offender; (b) the date, time and place of the offence; (c) the nature of the offence and the prescribed amount payable in respect of that offence;

Part 6 Infringement notices Firearms Regulations 1997 29 (d) the person to whom the alleged offender may pay the prescribed amount and the address of that person; (e) the date of the infringement notice and a statement that the prescribed amount may be paid within 28 days after that date; (f) a statement to the effect that, if the alleged offender wishes to pay the prescribed amount, he or she should complete the relevant part of the infringement notice and return the notice with the prescribed amount to the person specified in the notice; (g) a statement to the effect that, if the alleged offender wishes to be dealt with by a court in relation to the offence, he or she should not pay the prescribed amount but should complete the relevant part of the infringement notice and return the notice to the person specified in the notice; (h) a statement that, if the alleged offender does nothing in response to the infringement notice, a summons may be issued requiring the alleged offender to appear before the Local Court to be dealt with in relation to the offence; (i) any other particulars approved by the Commissioner. 43 Expiation of offence (1) If an alleged offender pays the prescribed amount specified in an infringement notice in accordance with the notice, the alleged offender is taken to have expiated the offence and no further proceedings are to be taken in respect of the offence. (2) If an alleged offender tenders a cheque in payment of a prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 44 Withdrawal of infringement notice An infringement notice may be withdrawn at any time within 28 days after it is served, but before payment of the prescribed amount specified in the infringement notice, by serving on the alleged offender a notice: (a) signed by the member of the Police Force who issued the notice or another member authorised by the Commissioner for the purpose; and (b) stating that the infringement notice is withdrawn.

Part 6 Infringement notices Firearms Regulations 1997 30 45 How service effected Service of an infringement notice, or a notice of withdrawal of an infringement notice, is effected: (a) by serving it personally on the alleged offender; (b) by posting it to the alleged offender at his or her last known address; or (c) by leaving it for the alleged offender at his or her last known place of residence or business with a person apparently resident or employed there and apparently not less than 16 years of age. 46 General This Part: (a) does not prevent more than one infringement notice in respect of the same offence being served on an alleged offender, but it is sufficient for the application of regulation 43 to an alleged offender on whom more than one infringement notice has been served for the alleged offender to pay the prescribed amount in accordance with any one of those notices; (b) does not prejudice or affect (except as provided by regulation 43) the institution or prosecution of proceedings, and does not limit the penalty that may be imposed by a court, for an offence; and (c) does not require an infringement notice to be served and does not affect the liability of a person to be prosecuted in a court for an offence in respect of which an infringement notice has not been served.

Schedule 2 Storage and safekeeping requirements for category a and b firearms Firearms Regulations 1997 31 Schedule 2 Storage and safekeeping requirements for category a and b firearms regulation 21

The sides and door are to be constructed of solid steel: (a) that has a minimum thickness of 3 mm; or (b) that has a minimum thickness of 2 mm if the method of construction used ensures rigidity or additional reinforcing to prevent distortion has been included.
All edges are to be rolled or folded.
The door is to be recessed or flush fitted and is to be sized to prevent leverage points.
All hinges are to be secured so that the door cannot be detached by removing the pins, internal or trap-type hinges being preferred.
There are at least 2 bolt-down points.
There is to be one locking point.
There is to be sufficient reinforcing to prevent distortion of the door if a forced entry were to be attempted.
If a padlock is used, it is to be covered so as to prevent the lock being cut or broken off.

Schedule 3 Storage and safekeeping requirements for category C, D and H firearms Firearms Regulations 1997 32 Schedule 3 Storage and safekeeping requirements for category C, D and H firearms regulation 22

The safe or other receptacle is to be constructed of solid steel: (a) that has a minimum thickness of 6 mm in the sides and the door; or (b) that, subject to inspection and approval by the Commissioner, has minimum thicknesses of 3 mm in the sides and 6 mm in the door.
All hinges are to be non-removable and are to be constructed in the same manner as safe-style hinges.
Locks are to be internal and may be combination locks, key locks or electronic locks or a mixture of 2 or more of those kinds of locks.
A safe or other receptacle for the storage of category C or D firearms is to have at least 2 locking bolts operated by one or more locks.
A safe or other receptacle for the storage of category H firearms is to have: (a) at least one lock; or (b) if the swinging edge is greater than 500 mm – at least 2 locking bolts operated by one or more locks.
Alternatively, category H firearms may be stored in a compartment inside a receptacle that complies the requirements specified in Schedule 2 (a Schedule 2 receptacle) if the compartment: (a) is a separate box inside the Schedule 2 receptacle; (b) has a thickness of solid steel that is at least equal to the thickness of the steel in the Schedule 2 receptacle; (c) can only be accessed if the door to the Schedule 2 receptacle is opened first; and (d) is designed so that, in combination with the Schedule 2 receptacle, it provides a double thickness of steel on all sides.

Schedule 4 Infringement notices prescribed offences and amounts Firearms Regulations 1997 33 Schedule 4 Infringement notices prescribed offences and amounts regulations 40 and 41 Column 1 Offence Provision Column 2 Prescribed Amount Section 18(2) Failing to update firearms dealer register 4 penalty units Section 18(3) Failing to provide record of transaction 4 penalty units Section 63(4) Failing to return completed permit within 7 days 4 penalty units Section 66 and regulation 32 Failing to comply with transport requirements for category A or B firearms where the failure did not result in the loss, theft or misuse of the firearm 4 penalty units Section (69(1) Possessing ammunition without licence, permit or authorisation 1.5 penalty units Section 78(2) Carrying exposed firearm in public place 4 penalty units Section 80 Possessing firearm on land without authorisation 4 penalty units Section 60J Allowing a child to possess or use a paintball firearm to play paintball if under 14, or without parental consent if between 14 and 18 4 penalty units Section 60K(1) Allowing a person who has not made a paintball player declaration to possess or use a paintball firearm to play paintball 4 penalty units Section 85 Contravention of a licence or permit if the contravention does not result in the loss, theft or misuse of a firearm 4 penalty units

Schedule 4 Infringement notices prescribed offences and amounts Firearms Regulations 1997 34 Section 90(1) Failing to notify Commissioner of change of name or address 1.5 penalty units Section 90(3) Failing to notify Commissioner of change of particulars specified in application for licence, permit or certificate of registration 1.5 penalty units Section 90(4) Failing to notify Commissioner of loss or theft of licence, permit or certificate of registration 1.5 penalty units Section 96(1)(a) Failing to carry licence or permit 1.5 penalty units Section 96(1)(c) Failing to produce licence, permit or certificate of registration 1.5 penalty units Regulation 21 Failing to comply with storage requirements for category A or B firearms if the failure does not result in the loss, theft or misuse of a firearm 4 penalty units

ENDNOTES Firearms Regulations 1997 35 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Firearms Regulations (SL No. 3, 1997) Notified 13 March 1997 Commenced 13 March 1997 Amendments of Firearms Regulations (SL No. 45, 2000) Notified 1 September 2000 Commenced 1 September 2000 Amendments of Firearms Regulations (SL No. 58, 2000) Notified 22 December 2000 Commenced 22 December 2000 Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced 11 December 2001 (s 2(2) and s 2 Firearms Amendment Act (No. 2) 2000 (Act No. 64, 2000) and Gaz S63, 22 December 2000, p 1) Amendments of Firearms Regulations (SL No. 36, 2003) Notified 1 July 2003 Commenced 1 July 2003 Firearms Amendment Act 2004 (Act No. 19, 2004) Assent date 15 March 2004 Commenced s 4: nc (rep by Act No 4, 2007); rem: 28 April 2004 (Gaz G17, 28 April 2004, p 2) Amending Legislation Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007

ENDNOTES Firearms Regulations 1997 36 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Firearms Amendment (Paintball) Act 2007 (Act No. 17, 2007) Assent date 18 September 2007 Commenced 29 November 2007 (Gaz G48, 28 November 2007, p 4) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) Firearms Amendment Act 2014 (Act No. 32, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016) Assent date 8 June 2016 Commenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016) Firearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016) Assent date 13 July 2016 Commenced 12 October 2016 (Gaz G41, 12 October 2016, p 2) Firearms Legislation Amendment Act 2019 (Act No. 38, 2019) Assent date 13 December 2019 Commenced 2 March 2020 (Gaz S8, 28 February 2020) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) Assent date 31 October 2022 Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1) Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024)

ENDNOTES Firearms Regulations 1997 37 Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023) Assent date 21 September 2023 Commenced 27 November 2023 (Gaz G24, 23 November 2023, p 2) Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023) Assent date 6 December 2023 Commenced pt 3: nc; rem: 7 December 2023 (s 2(1)) Firearms and Weapons Control Amendment Regulations 2024 (SL No. 4, 2024) Date made 27 March 2024 Commenced pt 3: nc; rem: 28 March 2024 (r 2(1)) Firearms Amendment Regulations (SL No. 6, 2024) Date made 16 May 2024 Commenced 17 May 2024 (r 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 1A, 3, 5 and 8 and sch 1. 4 LIST OF AMENDMENTS r 1A ins No. 58, 2000, r 2 amd Act No. 19, 2004, s 34; Act No. 4, 2007, s 2; Act No. 17, 2016, s 46; Act No. 38, 2019, s 19; Act No. 24, 2022, s 35; Act No. 20, 2023, s 54; No. 6, 2024, r 4 r 1B ins No. 58, 2000, r 2 amd Act No. 62, 2001, s 17; Act No. 4, 2007, s 2; Act No. 38, 2019, s 20; Act No. 24, 2022, s 35; Act No. 20, 2023, s 54; No. 6, 2024, r 5 r 5 amd Act No. 19, 2014, s 26 r 8 amd Act No. 19, 2014, s 26; Act No. 32, 2023, s 30 r 11A ins No. 58, 2000, r 3 amd Act No. 62, 2001, s 17; Act No. 32, 2023, s 31 r 12 amd No. 58, 2000, r 4; Act No. 17, 2007, s 30; Act No. 32, 2023, s 32 r 13 amd No. 58, 2000, r 5; Act No. 32, 2023, s 33 r 14 amd No. 58, 2000, r 6; No. 4, 2024, r 4 r 18 amd No. 6, 2024, r 6 r 18 amd No. 58, 2000, r 7; r 19 amd No. 58, 2000, r 8 r 19A ins No. 58, 2000, r 9 r 20A ins No. 6, 2024, r 7 r 21 amd No. 58, 2000, r 10; Act No. 27, 2016, s 10; Act No. 26, 2020, s 3; No. 6, 2024, r 8 r 22 amd No. 58, 2000, r 11; Act No. 27, 2016, s 11, No. 6, 2024 ,r 9 r 22A ins No. 6, 2024, r 10 r 25AA ins No. 36, 2003, r 3 rr 25A – 25B ins No. 58, 2000, r 12 r 25D ins No. 58, 2000, r 13 r 27 amd No. 58, 2000, r 14; No. 36, 2003, r 4 r 28 amd No. 58, 2000, r 15 rep No. 36, 2003, r 5 r 29 amd No. 58, 2000, r 16 rep No. 36, 2003, r 5 r 31 amd No. 58, 2000, r 17

ENDNOTES Firearms Regulations 1997 38 rep Act No. 24, 2023, s 86 r 32 sub No. 58, 2000, r 18 r 33 amd No. 45, 2000, r 1; No. 6, 2024, r 11 r 34 ins No. 45, 2000, r 2 pt 5 hdg ins No. 36, 2003, r 6 rr 35 – 36 ins No. 36, 2003, r 6 r 37 ins No. 36, 2003, r 6 amd Act No. 32, 2023, s 35 rr 38 – 39 ins No. 36, 2003, r 6 pt 5A hdg ins Act No. 17, 2007, s 31 rr 39A – 39D ins Act No. 17, 2007, s 31 pt 6 hdg ins No. 36, 2003, r 6 rr 40 – 41 ins No. 36, 2003, r 6 r 42 ins No. 36, 2003, r 6 amd Act No. 8, 2016, s 45 rr 43 – 46 ins No. 36, 2003, r 6 sch 1 amd No. 58, 2000, r 19; No. 36, 2003, r 7 rep Act No. 24, 2023, s 87 sch 2 ins No. 58, 2000, r 20 sch 3 ins No. 58, 2000, r 20 amd Act No. 32, 2023, s 36 sch 4 ins No. 36, 2003, r 8 amd Act No. 17, 2007, s 32; Act No. 23, 2013, s 3; Act No. 32, 2014, s 5; Act No. 38, 2014, s 2

1 FIREARMS REGULATIONS 1997

The Regulations rest on a small set of recurring regulatory concepts that structure discretionary and mandatory decision-making under the Act.

Prescribed disqualifying conduct and offences. Regulation 1A prescribes particular Criminal Code provisions and parts of the Misuse of Drugs Act 1990 which, if committed (and in some instances only if a custodial sentence was imposed or an aggravating circumstance existed), operate as disqualifying offences for the Act’s definition of “disqualifying offence”. Regulation 1B likewise prescribes discrete Criminal Code offences as “offences of violence” for the Act’s purposes. These lists feed into the Commissioner’s checks under r 25D (prescribed checks) and the fitness assessment for licences under the Act.
Genuine reason and need tests. For most licence categories the applicant must establish a “genuine reason” to possess or use firearms. The Regulations detail what constitutes an acceptable genuine reason (rr 2-11A) and impose an evidentiary or membership requirement (for example, club membership for sports shooting at r 2; proof of permission to shoot on Crown or local government land at r 3). Where higher-category firearms are sought (category C, D, H) the Commissioner is not to grant a licence unless the applicant demonstrates a genuine need and, for categories C and D, that the need cannot be met by lesser categories (rr 12-14). The structure is a two-step filter: first a permissible category of genuine reason; second, evidence of the necessity/genuine need.
Category-based technical limits. The Regulations specify technical thresholds for certain firearms within categories (r 36 for category H: calibre caps, barrel-length minimums, shot capacity limits) and by doing so impose mechanical constraints on what devices fall within regulated sub-classes such as highly specialised target pistols (r 36(2)).
Storage, safekeeping and securitisation. A prescriptive design-and-installation regime sets out tangible hardware obligations. Domestic storage for category A/B firearms must meet Schedule 2 construction and anchoring requirements (r 21 and Sch 2). Category C, D and H safes must meet Schedule 3 standards and be bolted to wall or floor (r 22, Sch 3). Dealer, armourer, collector and museum premises have graduated security standards (rr 23-25A) including motion sensors, non-removable hinges, steel construction and internal locks for safes.
Separation and independent control of ammunition. Regulation 22A requires ammunition to be stored separately from firearms in a locked container with a different lock and the key/code stored separately (r 22A(1)-(4)). The regulation specifies permissible container locations (in or attached to the firearm receptacle, or external) and exempts certain people in narrow circumstances (r 22A(5)).
Administrative reporting and recordkeeping. Dealers must keep a register containing prescribed particulars for every transaction and must affix labels to firearms showing entry numbers (r 27; r 23(3)). The Commissioner may check state, territory and AFP records when assessing applicants for shooters’ licences or permits to purchase firearms (r 25D).
Civil enforcement via infringement notices. Part 6 authorises police to serve infringement notices for specified offences (r 40, Schedule 4), prescribes the procedure and consequences for payment (r 41-43), service methods (r 45) and withdrawal procedure (r 44). Schedule 4 sets fixed expiation amounts for a set of mainly administrative and storage/transport offences.

These concepts structure who decides (the Commissioner for licensing and approval; police for enforcement), what the regulated must do (produce defined evidence, maintain specified storage and records, meet technical standards), and how non-compliance is addressed (infringement notices, court prosecution where not expiated, or licence cancellation where conditions are breached, including certain automatic cancellations listed at r 30).

The Regulations name or implicate multiple distinct groups and institutions; who pays and who decides differs by role.

Individual applicants and licence-holders. Private individuals seeking licences are directly affected by the genuine reason and evidence rules (rr 2-11A). Sports shooters must be members of approved clubs (r 2); recreational shooters/hunters must be owners/occupiers of rural land or produce permission forms (r 3); primary producers must provide evidence linking use to farming/grazing and pest control (r 4). Category-specific licence holders face additional conditions: e.g. category D licences for primary producers are geographically limited and subject to surrender at expiry (r 18(1)(a), (d)).
Collectors, museums and heirs. Collectors and museums must render certain firearms temporarily or permanently inoperable (rr 19, 19A, 20). Firearms heirloom licences require the firearm specified to be permanently incapable of being fired (r 20). Antique-collector licence-holders have a performance-based obligation that each firearm is kept safely and not lost or stolen (r 25AA(1)).
Firearms dealers and armourers. Dealers must meet a substantial-income test and show they comply with reporting and storage requirements before being granted higher-category dealer licences (r 15). Dealers and armourers must operate from premises built to specified security standards and must ensure display and after-hours storage requirements according to category (rr 23-24). Dealers have recordkeeping and labelling duties for every firearm transaction (r 23(3); r 27).
Employers and employees. Corporate licence applicants must show business need and make adequate provision for safe storage, including training arrangements for employees where required (r 16). Firearms employee licences may be refused unless the applicant has satisfactorily completed an approved firearms training program (r 17).
Approved firearms clubs and their members. Clubs are necessary gatekeepers for sports shooters (r 2) and must ensure nominated officers comply with storage and safekeeping requirements for club firearms and those held on behalf of members (r 25B). Club premises and displays fall within museum/collector display rules if relevant (rr 25-25A).
Paintball operators and players. The Regulations prescribe an entire micro-regulatory regime for paintball: the technical definition of a permissible paintball firearm and pellets (rr 39A-39B), public liability insurance quantum ($10 million) for operators (r 39C), and operator duties such as not altering an approved range without written approval and supervising players (r 39D).
Police, Commissioner, and administrative authorities. The Commissioner is the decision-maker for licence grants, the approver for range changes and an arbiter of safe-storage approvals (e.g. r 22, Sch 3, r 39D(a)). Police are empowered to serve infringement notices (r 40), to inspect paintball ranges (r 39D(f)) and to receive surrendered firearms at licence expiry (r 18(1)(d)).
Visitors, competitors and interstate licence-holders. The Regulations provide a temporary recognition rule for interstate licence-holders for categories A and B when residing temporarily (r 33), and prescribe the information international competitors must produce to import firearms (r 34).
Broader touchpoints: other statutory actors. The Regulations refer to external statutes and agencies, implicating them operationally: Civil Aviation Safety Authority approval is required before using category D firearms from a helicopter (r 18(1)(b)); RTOs and the National Vocational Education and Training Regulator Act 2011 are invoked for instructor training recognition (r 11A); public sector Agency employees are identified in r 3 and r 5 for access to Crown land permissions.

Who pays: costs fall mainly on licence applicants and holders (proof, training, safe construction, insurance for paintball operators), and on dealers/armourers for premises upgrade and recordkeeping. Who decides: the Commissioner for licence issues and approvals, and police for on-the-spot enforcement and infringement notices (rr 23, 27, 40). Behaviour changes sought: applicants must document their genuine reason and need (rr 2-14); licence-holders must adopt specified hardware and operational practices for firearms security (Part 3); businesses must maintain registers (r 27) and comply with display/transport rules (r 23; r 32).

The Regulations allocate a set of duties to licence-holders, applicants and businesses and confer or recognise limited rights in a tightly conditional manner.

Primary duties (applicants and licence-holders)

Demonstrate genuine reason and need. Applicants must establish and prove the genuine reason for possession and, for higher-category firearms, a genuine need that cannot be met by lower-category firearms (rr 12-14; rr 2-11A). The Commissioner has discretion to be satisfied as to the sufficiency of evidence (e.g. r 4 requires evidence “to the Commissioner’s satisfaction”).
Meet training and suitability conditions. Where instruction is the genuine reason, applicants must complete RTO-delivered instructional technique and instructor courses or hold equivalent skills (r 11A). Firearms employee licence applicants may be refused unless they have “satisfactorily completed an approved firearms training and safety program” (r 17).
Comply with storage and safekeeping specifications. Owners must store firearms in receptacles/safes that meet Schedule 2 (A/B) or Schedule 3 (C/D/H) construction, anchoring and locking requirements (rr 21-22; Schs 2-3). Dealers, armourers, collectors, museums and clubs have bespoke premises and display requirements (rr 23-25A, 25B). Ammunition must be stored in a locked container separate from firearms, with a different lock and separate storage of keys/codes (r 22A(1)-(4)).
Recordkeeping and labelling. Dealers must keep a register with prescribed particulars for each purchase, receipt, sale or transfer and affix labels showing the register entry number to each firearm in their possession (r 27; r 23(3)).
Notify changes and return permits. Permits must be returned within seven days in certain circumstances (Schedule 4 references s 63(4)). Operators (paintball) must notify the Commissioner within seven days of business changes and provide requested documents (r 39D(b)).

Rights and conditional entitlements

Recognition of interstate/overseas licences under conditions. Temporary recognition for corresponding licences in other States/Territories is available for category A/B licence-holders residing temporarily (under three months) in the Territory (r 33). International competitors may import firearms if they supply prescribed identity, licence and event information, or a clearance certificate in lieu of an official foreign licence (r 34).
Use and display permissions subject to licence conditions. The Regulations specify where and how certain categories may be used or displayed , for example, category C licences granted for sports shooting authorise shotguns used only at approved club premises in approved competitions with a two-cartridge-loading rule (r 18(2)(b)).

Commissioner’s discretions and administrative constraints

The Commissioner decides whether evidence satisfies the genuine need test (multiple provisions including r 4, r 12(1)(b)-(c), r 13(1)(b), r 14(b)). Regulation provisions repeatedly use “to the Commissioner’s satisfaction”, indicating a fact-specific administrative assessment.
The Commissioner may require corporate licence-holders to arrange training for employees when required (r 16(c)), and can approve modifications to paintball ranges (r 39D(a)).

Enforcement duties and police powers

Police may serve infringement notices under Schedule 4 for specified offences (r 40). Payment of prescribed amounts leads to expiation and bars further proceedings for that offence (r 43). Police may also inspect approved paintball ranges to ensure compliance (r 39D(f)).

Automatic and conditional cancellation

Certain licence conditions, if present, trigger automatic cancellation for the purposes of s 40(2) of the Act , the Regulations list such conditions (r 30), for example conditions authorising carrying category H firearms while performing security duties, holster requirements for pistols, or conditions limiting possession to course-of-employment use.

Those subject to duties must translate statutory standards into documented evidence, hardware (safes, bolting), and operational processes (registers, display controls, ammunition separation). Rights to possess and use firearms are conditional on ongoing compliance and on the Commissioner’s satisfaction as to necessity, training and safe arrangements.

The Regulations set out both administrative enforcement tools and the offences for which expiation is available, and they anchor criminal consequences by reference to the Act.

Infringement notice regime

Police may serve infringement notices for specified offences listed in Schedule 4 (r 40; Sch 4). Schedule 4 maps particular statutory provisions to prescribed expiation amounts expressed in penalty units (Sch 4, columns 1-2). Examples: failing to update a firearms dealer register (s 18(2)) and failing to provide a record of a transaction (s 18(3)) attract 4 penalty units under Schedule 4; possessing ammunition without authorisation (s 69(1)) is 1.5 penalty units.
Payment mechanics and effect. An alleged offender who pays the prescribed amount in accordance with the notice is taken to have expiated the offence and no further proceedings are to be taken for that offence (r 43(1)). A tendered cheque is not treated as paid unless cleared on first presentation (r 43(2)).
Procedural safeguards and withdrawal. Notices must contain specified particulars (r 42), including the option to elect court proceedings rather than pay. An infringement notice may be withdrawn within 28 days and before payment by serving a signed withdrawal notice from the issuing officer or another authorised member (r 44).

Criminal prosecution and court process

Expiation is elective: r 46(b) explicitly preserves institution or prosecution of proceedings and does not limit the penalty a court may impose, except where the offence is expiated under r 43. If the alleged offender does nothing in response to the infringement notice, r 42(h) warns that a summons may be issued to appear before the Local Court. Thus, non-payment or withdrawal may lead to criminal proceedings in the Local Court.

Licence cancellation and other administrative remedies

The Regulations list conditions whose presence triggers automatic cancellation of licences or permits as contemplated by s 40(2) of the Act (r 30). Those conditions range from authorised carrying of category H firearms while securing money (r 30(a)) to conditions requiring a pistol to be secured in a holster (r 30(c)). Automatic cancellation is administrative but has consequential legal effects (loss of licence rights).

Policing and inspection powers

Police have inspection powers in respect of paintball ranges (r 39D(f)). Police also receive surrendered firearms at licence expiry under r 18(1)(d).

Storage and transport offences and sanctions

Several storage and transport requirements are linked to infringement amounts in Schedule 4. Examples are: contravention of a licence or permit, if the contravention does not result in loss/theft/misuse (s 85) , 4 penalty units; failing to comply with storage requirements for A/B firearms where no loss/theft/misuse resulted , 4 penalty units (Sch 4). Transport requirements for A/B firearms (s 66 and r 32) are assigned 4 penalty units where the failure did not result in loss, theft or misuse (Sch 4).

Interaction with court-imposed sentences

Some entries in r 1A and r 1B condition the effect of an offence by whether a custodial sentence was imposed or by whether an aggravating circumstance exists. That cross-reference indicates that later court sentencing outcomes can change the regulatory effect (disqualification or classification as an offence of violence).

Enforcement architecture summary

Enforcement is layered: (1) police-issued infringement notices for specified administrative breaches, with expiation available (Part 6 & Sch 4); (2) prosecutions in the Local Court for offences not expiated or where the State elects prosecution (r 46(b)); (3) administrative cancellation of licences where conditions listed in r 30 apply; (4) inspection and investigatory powers (r 39D(f), general police functions). The Regulations supply both on-the-spot civil remedies and pathways to criminal sanction, while preserving prosecutorial discretion and court penalties.

The Regulations are expressly designed to operate within a statutory web. The text repeatedly cross-references other statutory instruments and administrative regimes, so compliance is often multi-jurisdictional or inter-agency.

Primary statute: the Firearms Act 1997

The Regulations are made under and give procedural and technical effect to the Firearms Act 1997. Multiple provisions of the Act are referenced directly (for example, the lists in r 36 reference Act ss 15A(1), 15C(a), 35A(2), 58(2A)(a)(i) and 110), and the Regulations supply the “prescribed particulars” (r 26) and the “prescribed checks” for licence/permit processing (r 25D) required by the Act.

Criminal law and fitness-to-hold-licence checks

Regulation 1A and 1B integrate the Criminal Code and the Misuse of Drugs Act 1990 into the firearms licensing regime by prescribing which offences operate as disqualifying offences or offences of violence for fitness assessments. The Regulations therefore make the effect of particular criminal convictions (and, in some cases, sentences) directly determinative of firearms eligibility.

Administrative and vocational law cross-references

Regulation 11A requires that instruction courses be delivered by a “registered training organisation (RTO) as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth)”. That links vocational accreditation and federal RTO standards to firearms-instructor eligibility.
The definition of “Agency” in r 3 and r 5 invokes the Public Sector Employment and Management Act 1993 for Crown land permissions and for employees authorised to shoot on Crown land, creating an avenue for public-sector employment to qualify for licences.

Other administrative regimes and safety authorities

Regulation 18(1)(b) requires approval from the Civil Aviation Safety Authority before using category D firearms from a helicopter. This ties aerial culling or airborne operations to federal aviation rules and approvals.
Regulation 39C prescribes a $10 million public liability insurance minimum for paintball operators for the purposes of s 9(9)(c) of the Act, which imports a civil-liability/insurance requirement into operator licensing.

Interstate and federal checks

Regulation 25D prescribes the Commissioner’s checks for shooter licences or permits to purchase firearms: checking Northern Territory Police records and, if necessary, Australian Federal Police and records of each State and Territory. This provides a formal mechanism to import criminal and domestic violence/mental health orders across jurisdictions for licensing decisions.

Local government and property law

Regulation 3 requires proof of permission from local government or the clerk of local government council to shoot on council-owned land (r 3(d)). That ties local council land-management and by-laws into the firearms possession regime.

Transport and postal law

Regulation 32 allows conveyance by registered post and commercial freight carriers (r 32(1)(a)-(b)). That intersects with postal and freight carriers’ obligations and potentially with federal postal law and carrier consignment rules.

Civil prosecution and Local Court jurisdiction

Part 6 references the Local Court in r 42(h) and r 46(b), signalling that unresolved infringement notices may be prosecuted in the Local Court and that courts retain the final sentencing function.

Other statutes mentioned

The Regulations reference the Veterinarians Act 1994 (r 8), and the National Vocational Education and Training Regulator Act 2011 (r 11A), and thereby call for cross-compliance with professional registration and national training standards.

Consequences of these interactions

Licensing decisions are multi-sourced: they draw on criminal law outcomes (including sentencing), information from police and federal agencies, and evidence under other statutes (RTO accreditation). Applicants may need to satisfy requirements outside the Territory’s administrative control (e.g. RTO certificates, CASA approval). Enforcement and compliance thus implicate federal, State and local rules and agencies, increasing the complexity of compliance and potentially the time and cost to applicants and businesses.

The Regulations have been repeatedly amended since their original making in 1997. The endnotes in the consolidated version itemise the legislative instruments and Acts that have modified the Regulations and identify specific insertions and amendments to numbered regulations. Key points in the amendment chronology are:

Initial instrument and early amendments. The Firearms Regulations (SL No. 3, 1997) were notified and commenced on 13 March 1997. Notable early amendments include SL No. 45, 2000 and SL No. 58, 2000 which, among other things, inserted rr 1A and 1B prescribing disqualifying offences and offences of violence (see endnotes r 1A and r 1B entries).
2003-2007 changes. The Regulations were amended in 2003 (SL No. 36, 2003) and received substantive change in 2007 via the Firearms Amendment (Paintball) Act 2007 (Act No. 17, 2007) which inserted Part 5A for paintball (rr 39A-39D). Many of the museum/collector and club-related provisions trace to these amendments (see r 12, r 19A inserted and r 25AA inserted).
2013-2016 updates. Penalties and other miscellaneous changes were affected by the Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013). Amendments in 2014 and 2016 (Local Government Amendment Act 2014; Justice Legislation Amendment 2016; Firearms and Weapons Control Legislation Amendment Act 2016) adjusted permissions to shoot on Crown/local government land and imposed further storage and licensing refinements.
2019-2020 changes. The Firearms Legislation Amendment Act 2019 (Act No. 38, 2019), which commenced 2 March 2020, introduced further amendments; the Statute Law Revision Act 2020 made consequential amendments.
2022-2024 updates. The Criminal Code Amendment (Property Offences) Act 2022 and the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (assented 17 August 2023, commenced 25 March 2024) produced changes reflected in rr 1A and 1B (amendment notes identify those as amended by Act No. 20, 2023). The Firearms and Weapons Control Amendment Regulations 2024 (SL No. 4, 2024) and Firearms Amendment Regulations (SL No. 6, 2024) recorded changes made in 2024, including r 20A (application of Part exclusions) and insertion of r 22A (ammunition storage) (see endnotes: r 20A ins No. 6, 2024 r 7; r 22A ins No. 6, 2024 r 10).
Technical and formal amendments. The Interpretation Legislation Amendment Act 2018 effected formal amendments of a non-substantive nature to various regulations (endnotes refer to general amendments). The endnotes provide a table of which rrs were inserted, amended or repealed by named instruments (see "List of amendments" and the line-by-line record at the end of the reprint).

What the amendment history shows

Incrementalism and topic-specific updates. Amendments have been both topic-specific (paintball, weapons control, criminal justice updates) and general (penalties revision, storage standards), indicating an incremental regulatory approach where technical or policy changes are implemented by later Acts and subordinate instruments.
Evolving cross-references. Several amendments align the Regulations with changes in other statutes, notably criminal law amendments that alter which offences count as disqualifying or as offences of violence (r 1A, r 1B updates listed in the endnotes).

For practitioners, the endnotes are essential: they identify the instruments effecting each change, the dates of assent and commencement, and the particular regulations amended or inserted (see the "ENDNOTES" section and the "List of amendments" entries at the end of the document).

The text of the Regulations does not record judicial decisions or identify cases applying the Regulations. There are no cases named in the Regulations themselves. As a result, there is no litigation history contained within the source document to cite.

However, the Regulations create multiple enforcement pathways that commonly generate litigation in practice, and the text indicates where such proceedings may be taken:

Infringement notices versus court proceedings. Part 6 (rr 40-46) establishes the expiation regime. Payment of the prescribed amount under an infringement notice expiates the offence (r 43(1)). Where an alleged offender elects not to pay, or the notice is withdrawn (r 44), the alleged offender may be summoned to the Local Court (r 42(h)). Thus, prosecutions for contraventions listed in Schedule 4 may follow from unpaid notices and reach the Local Court; the Regulations preserve the court’s full sentencing powers (r 46(b)).
Administrative cancellation and review. Automatic cancellation conditions are listed at r 30. Affected licence-holders may have available remedies under the Act (judicial review, merits review if provided elsewhere in the Act or administrative review mechanisms). The Regulations do not specify judicial review procedures, but by specifying administrative decisions (grant/refusal, cancellation) they create reviewable administrative action and therefore potential litigation in administrative tribunals or courts.
Criminal convictions and sentencing feed back into licensing. The Regulations tie disqualification and “offence of violence” definitions to Criminal Code convictions and to whether custodial sentences were imposed (r 1A & r 1B). Challenging whether an offence should be treated as disqualifying may require reference to sentencing facts and records and could lead to proceedings or evidence disputes in licensing appeals or judicial review.
Cross-jurisdictional evidence and checks. Regulation 25D authorises the Commissioner to check police and AFP records and other states’ records. Disputes over the accuracy of those records or their use in a licensing decision may generate litigation or administrative appeals.

What to expect in litigation practice (grounded in regulatory text)

Many likely disputes will be procedural or evidentiary: whether an applicant has produced the evidence “to the Commissioner’s satisfaction” (see r 4, r 12(1)(b), r 13(1)(b), etc.), whether a genuine need exists that cannot be met by other means (r 12(1)(c), r 13(2)), or whether storage devices meet Schedule 2/3 standards and thus whether an offence of storage arose (rr 21-22 and Schs 2-3).
Enforcement disputes will often pivot on whether an alleged breach was administrative (and thus an infringement notice) or criminal in a manner exposing the defendant to higher penalties. The Regulations expressly preserve prosecutorial choice (r 46(b)).
Licence refusal or cancellation appeals will generally turn on the administrative record assembled by the Commissioner, including cross-jurisdictional police checks and RTO certificates where training is in issue (r 25D; r 11A).

Because the Regulations do not provide a litigated case history, practitioners should consult Local Court and appellate databases for case law interpreting particular provisions, and administrative tribunal records for review decisions concerning the Commissioner’s satisfactions and decisions, to build a litigation picture beyond what the Regulations themselves contain.

The Regulations contain numerous technical traps and operational features that often surprise applicants, dealers or clubs. The following are concrete, text-based pitfalls to watch for.

Separate lock and key/code for ammunition (r 22A). Ammunition must be stored separately from firearms in a locked container, and the container must use a different lock (combination, key or electronic) to that used for the receptacle that contains firearms (r 22A(3)). The key/code for the ammunition lock must be stored separately from the key/code for the firearm receptacle (r 22A(4)). Examples in r 22A illustrate that storing both inside the same safe with the same code fails the rule unless there are different locks and separately stored keys. Practically, this means simply “putting ammo in the same safe” without independent controls breaches r 22A.
Category C sports-shooting licences are shotgun-only (r 12(3)) and subject to competition participation conditions (r 18(2)(a)). An applicant who obtains a category C licence for sports shooting under r 12(2) is authorised only for shotguns, and must participate in at least four club target competitions each year of the licence (r 18(2)). The two-cartridge-loading rule for associated training and competitions is also mandated (r 18(2)(b)(ii)).
Category H technical caps and participation minimums (r 36, r 39). Category H firearms are constrained by calibre (.38" cap unless specially accredited disciplines permit up to .45"), barrel length minimums for self-loading pistols and revolvers, and a shot capacity ceiling of 10 rounds (r 36(1)(a)(i)-(iv)). Holders of category H sports-shooter licences must meet minimum participation metrics (r 39(a): 12 events per calendar year and at least 3 events each financial quarter); additional disciplines raise the minimum (r 39(b)-(c)). Failure to meet the participation rate could jeopardise licence renewal.
Dealers and armourers must satisfy prior licensee and income tests to trade in higher categories (r 15(1)(a)-(b)). An applicant for a firearms dealer licence in respect of category C, D or H firearms must already hold a dealer licence and derive a substantial part of income from dealing in firearms (r 15(1)(a)-(b)). If applicants assume a single-step grant is possible, they will be disappointed.
Storage specifications are construction-specific (Sch 2 & Sch 3). Receptacle/safe construction must meet prescribed thicknesses, hinge design, anchoring and internal lock characteristics (Schs 2-3). For example, Schedule 3 requires 6 mm minimum thickness in sides and door for category C/D/H safes or Commissioner-approved alternative 3 mm sides and 6 mm door (Sch 3(1)(a)-(b)). Amateur or DIY safes often fail these standards.
Dealer display rules have after-hours obligations. Category C and D firearms must never be displayed and must be kept locked in a storage room (r 23(2)(g)). Category A/B display racks require a fixed, high-tensile cable passing through the trigger guard and must be secured to the wall (r 23(2)(a)). Dealers who display firearms for sale must design displays that prevent easy removal and meet after-hours mesh or storage-room requirements (r 23(2)(c)-(f)).
Mandatory labelling for dealers (r 23(3)). Every firearm in dealer possession must have a label showing the entry number from the dealer register and the firearm’s identifying number. Failure to affix labels triggers an administrative record-keeping contravention listed in Schedule 4.
Interstate recognition is narrow and time-limited (r 33). A person with a corresponding licence from another State/Territory may be exempt from Territory licensing for categories A/B only if residing temporarily for less than three months (r 33(1)-(2)). Longer stays require local licensing compliance.
Paintball operator liabilities and approvals. Paintball operators must maintain $10 million public liability insurance (r 39C), ensure employees complete approved safety training and supervise players (r 39D(c)), and may not alter approved ranges without written Commissioner approval (r 39D(a)). Failure to comply provides inspection rights to police (r 39D(f)) and may attract infringement amounts in Schedule 4.
Automatic cancellation conditions (r 30) can remove rights quickly. Some licence conditions listed at r 30 are designated as authorising automatic cancellation under s 40(2) of the Act. Licensees need to be aware that certain bespoke conditions, if included, remove the usual procedural safeguards and can lead to immediate loss of licence.
Surrender requirement for some category D licences at expiry (r 18(1)(d)). Holders of category D licences issued to primary producers must, at expiration, surrender all category D firearms to a member of the Police Force or store/dispose of them in an approved manner (r 18(1)(d)). This is not a mere renewal technicality.
Disqualifying offence definitions are sentence-sensitive. Some offences are only disqualifying if a custodial sentence was imposed or if an aggravating circumstance existed (r 1A and r 1B). Practitioners should therefore check not only the conviction but the nature of the sentence and the aggravating facts in the conviction record.

These are concrete regulatory traps: they impose hardware, documentation, attendance and participation, and sentence-sensitive constraints. Each is supported by specific regulatory text and commonly results in administrative refusals, fines under Schedule 4, or criminal prosecution if unresolved.

Compliance requires aligning factual practice to the Regulations’ technical and documentary tests. The following checklist maps specific regulatory duties to practical steps and references the controlling provisions in the Regulations.

Establish and document your genuine reason and need

Identify the appropriate genuine reason in rr 2-11A. For sports shooting, ensure membership of an approved firearms club and retain proof (r 2). For recreational shooting/hunting keep ownership or permission records for rural land or Crown/local government permission letters (r 3). For primary production retain evidence of status as primary producer or manager and show intended use tied to farming or grazing (r 4).
If applying for category C or D firearms, prepare evidence that the genuine need exists and that lesser categories cannot meet it (r 12(1)(b)-(c); r 13(1)(b)). If category D is sought for culling large feral animals, document necessity for culling and why other means (another firearm category or hiring a professional shooter) are not practicable (r 13(2)).

Training and instructor requirements

For instruction reasons, obtain RTO-delivered instructional technique course completion and either an RTO-delivered firearms instructor course or demonstrable equivalent skills/qualifications (r 11A).
Firearms employee licence applicants should complete an approved firearms training and safety program to avoid discretionary refusal (r 17).

Storage and safekeeping hardware and procedures

Install a receptacle or safe that meets Schedule 2 for category A/B firearms (r 21; Sch 2) or Schedule 3 for category C/D/H firearms (r 22; Sch 3). Ensure the receptacle is bolted to a wall or floor where required (r 21(b); r 22(b)).
For dealers, armourers, collectors, museums and clubs, ensure premises conform with rr 23-25A: solid doors, concealed hinges or welded hinge pins, dead-latch locks, shoot bolts, security screens on windows, motion sensors where allowed, and storage rooms constructed of solid materials and fitted with steel lockable containers (rr 23(1), 24(1), 25(1)).
Separate ammunition: store in a locked container separate from firearms, using a different lock, and store keys/codes separately (r 22A(1)-(4)). Follow the examples in r 22A for implementation.

Dealer and armourer business compliance

If operating as a firearms dealer seeking to deal in C/D/H firearms, you must already hold a dealer licence and derive a substantial part of income from firearms dealing; document financials to show that test (r 15(1)(a)-(b)).
Maintain the dealer register with all prescribed particulars for each transaction and affix labels showing register entry numbers to each firearm in possession (r 27; r 23(3)). Implement procedures to update registers contemporaneously to avoid Schedule 4 offences.

Display and after-hours security

Design display racks and cabinets to prevent easy removal (r 23(2)(a)-(c)). For category H displays use lockable display cabinets in dealer or museum premises and lock H firearms after hours in safes (r 23(2)(b), r 25A(2)(a)-(b)).
Category C and D firearms must not be displayed in dealer premises at any time (r 23(2)(g)); collectors may display C firearms in lockable cabinets and D/H only in presence of the licence-holder (r 25(2)(b)-(c)).

Transport rules

When conveying firearms, use registered post, commercial freight or carry in person with owner permission as permitted (r 32(1)). If leaving a vehicle unattended away from normal storage, place the firearm in the boot or other lockable compartment or secure by a firearm securing device, conceal the firearm from view, and store ammunition in a separate locked compartment (r 32(2)(c)-(e)). Take all reasonable steps to ensure the firearm is not stolen and does not come into unauthorised hands (r 32(2)(f)).

Licences for clubs, corporate entities and employees

Clubs must ensure nominated persons comply with storage and safekeeping obligations for club firearms and those held on behalf of members (r 25B(1)-(2)). Keep club approval documentation current under Pt 8 of the Act as referenced.
Corporate licence applicants must demonstrate business need and adequate storage/control, and where required provide for approved firearms training for employee licence-holders (r 16).

International competitors and interstate visitors

For interstate visitors with corresponding licences, ensure stay is under three months to rely on recognition for categories A/B (r 33(1)-(2)).
International competitors must prepare prescribed identity, licence and firearm particulars (r 34(1)(a)-(g)), or supply a clearance certificate with photograph if a foreign licence cannot be produced (r 34(2)).

Paintball operator compliance

Ensure paintball firearms meet technical specifications (r 39A), pellets conform to size and dye rules (r 39B), and maintain $10 million public liability insurance (r 39C). Do not alter approved ranges without Commissioner approval (r 39D(a)). Implement staff training and supervision requirements (r 39D(c)(i)-(iii)) and comply with an approved code of practice (r 39D(e)).

Administrative processes and responding to enforcement

Keep contact particulars updated to avoid infringement amounts for failing to notify the Commissioner of change of name/address or loss/theft of licence (Schedule 4 entries referencing ss 90(1), 90(3), 90(4)).
If served with an infringement notice, review particulars required by r 42. If the offence is expiable, paying the prescribed amount under r 43 will expiate the offence; otherwise elect court proceedings if material facts are in dispute. Be aware of the 28-day payment window noted in r 42(e).

Periodic reviews and record retention

Maintain records required by r 27 and retain evidence of competitions, RTO certificates, land permissions, and business income records as these are the evidentiary anchors in licensing decisions.

Engage early with the Commissioner for approvals and ambiguous cases

For structural variations (Schedule 3 alternative thickness approvals) or operational exceptions (e.g. double-thickness compartments for H firearms inside Schedule 2 receptacles under Sch 3(6)), seek Commissioner approval or inspection (Sch 3(1)(b) and Sch 3(6)).

Compliance is achieved by mapping the procedural “to the Commissioner's satisfaction” tests into documentary evidence, installing certified security hardware to the schedules, and aligning business practices with the specific display/transport/insurance/training obligations stated in the Regulations. Where doubt exists, use the express approval and notification mechanisms (r 39D(b); Sch 3 inspection/approval language) or obtain legal/technical advice referencing the specific regulation cited above.

FIREARMS REGULATIONS 1997

Plain English Summary

Deep Dive

What it does

Current sections

FIREARMS REGULATIONS 1997

Source text: opening excerpt

1 FIREARMS REGULATIONS 1997

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply