Firearms Regulations 2017

Division 2—Special provisions relating to licence categories 14—Category 1 (shooting club) licences (1) Subject to this regulation, a category 1 (shooting club) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use as, or by a member of, a shooting club. (2) A category 1 (shooting club) licence must be limited to category A, B, C or H firearms (or a combination of such categories). (3) A category 1 (shooting club) licence is subject to the following conditions: (a) the licensee must be a shooting club or a person who is a member of a shooting club for each licence year of the licence; (b) the licensee must, within 28 days of becoming a member of a shooting club, notify the Registrar of that fact and the contact details of the club; (c) a firearm may only be used under the licence for hunting in the course of activities of a shooting club if the use of the firearm for that purpose is authorised under a category 3 (hunting) licence; (d) in the case of a licence authorising the licensee to possess a category C firearm for use as a member of a shooting club— (i) the licensee must be a member of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and an active member of a shooting club affiliated with either of those associations for each licence year of the licence; and (ii) the firearm may only be used for the purpose of an activity of the shooting club conducted in accordance with the rules of the Australian Clay Target Association Incorporated; and (iii) either— (A) the licensee must have a special need for the firearm that cannot be met by a firearm of any other category because of the licensee's lack of strength or dexterity, or because of some other physical characteristic (as supported by such evidence or documents as may be required by the Registrar); or (B) the licensee was a person who, immediately before 15 November 1996, was a member of a shooting club affiliated with the Australian Clay Target Association and was, at that time, in lawful possession of a self-loading or pump action shotgun used for competitive clay target shooting; (e) in the case of a licence authorising the licensee to possess a category H firearm for use as a member of a shooting club— (i) the licensee must be an active member of a shooting club for each licence year of the licence; and (ii) the licensee may only possess a category H firearm if the licensee has held a category 1 (shooting club) licence authorising the possession of a category H firearm for 6 months or more; and (iii) unless the licensee has held a category 1 (shooting club) licence authorising the possession of a category H firearm for 12 months or more, the licensee is limited to the possession of handguns as follows: (A) one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun; (B) one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short); (C) one .177 calibre air pistol and one centre fire handgun; and (iv) subject to subregulations (4) and (5), the licensee may not possess— (A) a self‑loading handgun (other than a revolver) with a barrel length of less than 120 mm; or (B) a revolver or single shot handgun in either case with a barrel length of less than 100 mm; or (C) a handgun with a manufactured or a modified magazine or cylinder capacity of more than 10 rounds; or (D) a handgun of more than .38 calibre; and (v) the licensee must use at least 1 handgun of each of the following kinds in the licensee's possession on at least 4 occasions in each licence year of the licence at shooting club organised shoots: (A) air or gas operated handguns; (B) .22 calibre rim fire handguns (long rifle or short); (C) centre fire handguns of not more than .38 calibre; (D) handguns of more than .38 calibre (if the licensee is allowed possession of such handguns under these regulations). (4) Despite a restriction on barrel length set out in subregulation (3)(e)(iv), a category 1 (shooting club) licence may authorise the possession of a category H firearm with a shorter barrel if the Registrar is satisfied that the firearm is a visually distinctive and highly specialised target pistol. (5) Despite the restriction on firearms of not more than .38 calibre in subregulation (3)(e)(iv)(D), a category 1 (shooting club) licence may authorise the possession of a category H firearm of more than .38 calibre if the Registrar is satisfied that the firearm is not of more than .45 calibre and is required for shooting events of the kind known as metallic silhouette or single (western) action. (6) Subregulation (3)(e) does not apply to muzzle‑loading handguns or percussion cap and ball handguns. (7) A person 12 years of age or more and under the age of 18 years may be granted a category 1 (shooting club) licence subject to the following additional conditions and limitations: (a) the person must need the licence in order to participate in a competition or competitions held in another State or Territory of the Commonwealth or in another country; (b) the licence may only be granted for a term not exceeding 3 years; (c) the person may not apply for a permit authorising the acquisition of a firearm. (8) Pursuant to section 15(8) of the Act, a licence may be granted to a person referred to in subregulation (7) before 28 days have elapsed from the date of the application for the licence. (9) For the purposes of this regulation, the barrel length of a category H firearm is to be measured as follows: (a) in the case of a revolver, the length is to be measured from the muzzle to the breech end immediately in front of the cylinder; (b) in the case of any other category H firearm, the length is to be measured from the muzzle to the breech face (including where the chamber is incorporated in the barrel); (c) if the firearm is self‑loading, the measurement must be taken when the slide is forward and the breech face or bolt is in a closed position; (d) any alteration to the barrel that is permanently attached is to be included in the portion measured. (10) For the purposes of subregulations (3)(d)(i) and (3)(e)(i), a person is an active member of a shooting club for a 12 month period if the person is— (a) in the case of a member whose firearms licence authorises the use of category C firearms—a member of the club who has participated in shooting club organised competitive shooting matches for category C firearms on at least 4 occasions during the 12 months; or (b) in the case of a member whose firearms licence authorises the use of category H firearms—a member of the club who has participated in shooting club organised competitive shooting matches for category H firearms on at least 6 occasions during the 12 months; or (c) a member of the club who satisfies the Registrar that the member failed to meet the requirements of paragraph (b) during the 12 months, due to the member's ill health or employment obligations or some other reason accepted by the Registrar. 15—Category 2 (target shooting) licences (1) Subject to this regulation, a category 2 (target shooting) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in target shooting. (2) A category 2 (target shooting) licence must be limited to category A or B firearms (or both such categories). 16—Category 3 (hunting) licences (1) Subject to this regulation, a category 3 (hunting) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in hunting. (2) A category 3 (hunting) licence must be limited to category A or B firearms (or both such categories). 17—Category 4 (paint‑ball shooting) licences (1) A category 4 (paint‑ball shooting) licence authorises the licensee to possess paint‑ball firearms for the purpose only of— (a) use in the business of a recognised paint‑ball operator as the operator of the business; or (b) use on the grounds of a recognised paint‑ball operator who holds a licence under this regulation in the ordinary course of paint‑ball shooting operations on the grounds. (2) A category 4 (paint‑ball shooting) licence held by a person under subregulation (1)(b) is subject to the condition that the use of the paint‑ball firearm must be under the supervision of a recognised paint‑ball operator who holds a licence under subregulation (1)(a) or an accredited paint‑ball employee engaged as an employee in the business of the operator. 18—Category 5 (primary production) licences (1) Subject to this regulation, a category 5 (primary production) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in a primary production business. (2) A category 5 (primary production) licence must be limited to category A, B, C or H firearms (or a combination of such categories). (3) A category 5 (primary production) licence is subject to the following conditions: (i) the operator of a primary production business; or (ii) a person who is engaged in such a business as an employee or relative of the operator; (b) in the case of a licence authorising the possession of a category C firearm— (i) the licensee must be— (A) the operator of a primary production business; or (B) a person who is engaged in such a business as an employee or relative of the operator and lives on or near the land on which the business is carried on, or frequently visits the land for the purposes of the business; and (ii) the licensee must have a special need for the firearm in the business that cannot be met by a firearm of any other category; and (iii) the category C firearm must, when not in use for the purposes of the business, be kept at the licensee's principal place of residence; and (iv) the licensee may not possess, under the licence, more than— (A) 1 self‑loading rifle; and (B) 1 shotgun that is either a self‑loading or pump action shotgun; (c) the licensee may only possess or use a category H firearm for the purpose of the business of primary production on a property that— (i) is at least 15 000 hectares in area; or (ii) was specified in a firearms licence granted under the repealed Act that— (A) was purportedly granted to a person for a term expiring on or after 27 September 2002; and (B) authorised the person to use a class H firearm on the property in relation to carrying on the business of primary production or in the course of employment by a person who carries on such a business. (4) A person 15 years of age or more may hold a category 5 (primary production) licence as an employee or relative of the operator of a primary production business, but if the person is under 18 years of age— (a) the licence must be limited to category A or B firearms (or a combination of such categories); and (b) the person may not apply for a permit authorising the acquisition of a firearm. 19—Category 6 (security guard) licences (1) A category 6 (security guard) licence authorises the licensee to possess category H firearms for the purpose only of use in the business of guarding property. (2) A category 6 (security guard) licence is subject to the following conditions: (i) a person carrying on the business of guarding property; or (b) the licensee must hold an appropriate licence in force under the Security and Investigation Industry Act 1995. (3) A category 6 (security guard) licence expires if the licensee ceases to hold an appropriate licence in force under the Security and Investigation Industry Act 1995. 20—Category 7 (contract shooter) licences (1) Subject to this regulation, a category 7 (contract shooter) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use as a contract shooter. (2) A category 7 (contract shooter) licence must be limited to category A, B, C or D firearms (or a combination of such categories). (3) A category 7 (contract shooter) licence authorising the possession of a category C or D firearm is subject to the condition that the licensee must have a special need for the firearm as a contract shooter that cannot be met by a firearm of any other category. 21—Category 8 (commercial range) licences (1) Subject to this regulation, a category 8 (commercial range) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in the business of a recognised commercial range operator. (2) A category 8 (commercial range) licence must be limited to category A, B or H firearms (or a combination of such categories). (3) A category 8 (commercial range) licence is subject to the condition that the licensee must be— (a) a recognised commercial range operator; or (b) a person who is engaged in the business of a recognised commercial range operator as an employee of the operator. 22—Category 9 (shooting gallery) licences (1) Subject to this regulation, a category 9 (shooting gallery) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of use in the business of operating a shooting gallery. (2) A category 9 (shooting gallery) licence must be limited to— (a) category A firearms that are .177 calibre air guns; or (b) category H firearms that are handguns designed to fire shot, bullets or other projectiles by means of compressed air or other compressed gas and not by means of burning propellant; or (c) a combination of such firearms. (3) A category 9 (shooting gallery) licence is subject to the following conditions: (i) a person carrying on the business of operating a shooting gallery; or (b) the licensee must ensure that any firearm used in the course of the business of operating a shooting gallery under the licence is securely attached to a shooting bench in a manner approved by the Registrar. 23—Category 10 (collector) licences (1) Subject to this regulation, a category 10 (collector) licence authorises the licensee to possess firearms of a category specified on the licence for the purpose only of collecting or collecting and displaying the firearms. (2) Subject to subregulation (3), a category 10 (collector) licence must be limited to category A, B, C, D or H firearms (or a combination of such categories). (3) A category 10 (collector) licence may not authorise possession of a category D firearm unless the firearm is a deactivated firearm. (4) An applicant for the initial grant of a category 10 (collector) licence must have been an active member of a collectors' club for the preceding 12 months. (5) A category 10 (collector) licence is subject to the following conditions: (a) the licensee must be an active member of a collectors' club for each licence year of the licence; (b) the licensee must, within 28 days of becoming a member of a collector's club, notify the Registrar of that fact and the contact details of the club; (c) the licensee must have, or genuinely intend to acquire, a collection of firearms that has, or will have, significant commemorative, historical, investment or other value and each firearm in the licensee's possession under the licence must contribute to the value of the collection; (d) if a licensee possesses a regulated imitation firearm under the licence, the licensee must not, without the approval of the Registrar, alter the firearm in a manner that would enable it to function as a firearm; (e) the licensee must ensure that each firearm in the licensee's possession under the licence that was manufactured after 1900 is kept secured— (i) by locking the bolt, breech block or firing pin of the firearm in a container kept separately from the firearm; or (ii) by immobilising the trigger of the firearm by means of a trigger lock; or (iii) in some other manner approved by the Registrar; (f) the licensee must ensure that— (i) no firearm in the licensee's possession under the licence is fired without the written approval of the Registrar; and (ii) any firearm fired with the approval of the Registrar is fired in accordance with any conditions of the approval; (g) the licensee must not have possession of any ammunition that can be used in a firearm in the licensee's possession (excluding ammunition for use in a firearm that the licensee may possess and use under a lawful authority other than the category 10 (collector) licence) unless— (i) the person has the approval of the Registrar under paragraph (f)(i); and (ii) the person holds a permit to possess the ammunition under section 32 of the Act for the purposes of that approval; (h) the licensee may not possess a category H firearm that was manufactured after 1946 unless the licensee is a genuine student of arms who— (i) has been an active member of a collectors' club for at least the preceding 2 years; and (ii) has a significant collection of handguns with a proper thematic structure; and (iii) has provided displays or published articles to advance the body of knowledge of firearms history and development. (6) In determining whether a person meets the requirements referred to in subregulation (5)(h), the Registrar must have regard to any certificate lodged by the person that has been prepared and signed by an office holder of the collectors' club of which the applicant is a member (being an office holder nominated by the club for the purpose) stating that the applicant meets those requirements and setting out details in support of that statement. (7) Subregulation (5)(h) does not apply in relation to muzzle‑loading handguns or percussion cap and ball handguns. (8) For the purposes of this regulation, a person is an active member of a collectors' club for a 12 month period if the person is— (a) a member of the club who has attended at least 4 meetings of the club during the 12 months; or (b) a member of the club who has made a personal contribution (not being a financial contribution) to the club during the 12 months in a manner and to an extent that satisfies the Registrar that the person should be regarded as an active member of the club. (9) For the purposes of satisfying the requirements of subregulation (8)(a), a person may attend a meeting of a club by teleconference, audio conference or video conference or by other electronic means, provided that the person physically attends at least 1 meeting of the club in the 12 month period. 24—Category 11 (dealer) licences (1) Subject to this regulation, a category 11 (dealer) licence authorises the licensee to possess and use firearms, firearm parts and ammunition of a category or kind specified on the licence for the purpose only of the business of a dealer. (2) A category 11 (dealer) licence may not apply to prescribed firearms or firearm parts suitable only for use in prescribed firearms. (3) A category 11 (dealer) licence authorises the licensee to carry on the business of a dealer if it bears the statement "licensed dealer". (4) A category 11 (dealer) licence authorises possession of ammunition but not firearms or firearm parts if it bears the statement "ammunition only". (5) A category 11 (dealer) licence authorises the licensee to possess and use firearms, or possess ammunition, only as an employee of a licensed dealer if it bears the statement "employee only". (6) A category 11 (dealer) licence is subject to— (a) except as provided for in subregulation (7), a condition that the licensee may only have possession of a firearm, firearm part or ammunition under the licence at the premises specified in the licence; and (b) a condition that the licensee must not, when those premises are open to the public, leave any firearm, firearm part or ammunition unattended in any area of the premises to which the public has access; and (c) in the case of a licensed dealer, the following conditions: (i) the dealer must keep records relating to the dealer's business in accordance with these regulations and allow a police officer, on request, to inspect the records; (ii) the dealer must provide returns relating to the dealer's business to the Registrar in accordance with these regulations; (iii) the dealer must identify, in a manner approved by the Registrar, each firearm owned or held by the dealer in the course of the dealer's business; (iv) the dealer must, whenever required to do so by the Registrar or a police officer, provide the Registrar or the officer with information relating to a firearm that is, or has been, in the possession of the dealer in the course of the dealer's business; (v) the dealer must ensure that, when supplying a firearm to another (not being a licensed dealer), the firearm is delivered directly to the person, or in the case of a company, to the company's principal nominee or secondary nominee and not to any agent or carrier; (vi) the dealer must— (A) within 24 hours, unless the dealer has a reasonable excuse for not doing so, provide an oral report to a police officer; and (B) within 7 days, give the Registrar written notice, in a form approved by the Registrar, of the theft, loss or destruction of a firearm owned or held by the dealer in the course of the dealer's business or the theft or loss of a sound moderator or ammunition owned or held by the dealer in the course of the business; (vii) the dealer must not deal in restricted firearm mechanisms; (viii) the dealer must, during the hours that members of the public have access to the dealer's premises, display a copy of the licence (excluding any photograph) in the premises in a position in which it is likely to be seen and read by members of the public. (7) A dealer may possess a firearm, firearm part or ammunition under the licence other than at the premises specified in the licence— (a) for the purpose of testing or repairing a firearm; or (b) for the purpose of exhibiting and selling a firearm, firearm part or ammunition by auction; or (c) in the case of a category A, B or H firearm or a firearm part for a category A, B or H firearm—for the purpose of exhibiting or selling firearms or firearm parts at an arms fair, provided that the dealer does not exhibit 2 or more identical firearms or firearm parts; or (d) for the purpose of exhibiting or selling ammunition at an arms fair, provided that the dealer does not exhibit more than 50 rounds of identical ammunition. 25—Category 12 (miscellaneous) licences (1) Subject to this regulation, a category 12 (miscellaneous) licence authorises the licensee to possess a particular firearm or firearms of a category specified on the licence— (a) for a purpose approved by the Registrar; or (b) for 1 or more of the following purposes: (i) use in the provision of training in respect of the safe handling, carriage and use of firearms; (ii) the collection, or collection and display, of firearms in museums; (iii) the collection, or collection and display, of firearms by the RSL; (iv) the collection, or collection and display, of firearms to which, and in circumstances in which, a category 10 (collectors) licence does not apply; (v) use by the Royal Zoological Society of South Australia Incorporated in relation to the operation of its zoos; (vi) use by a veterinary surgeon registered under the Veterinary Practice Act 2003 for the purpose of the humane destruction of animals; (vii) use on land by persons who maintain the land for conservation purposes; (viii) use in film, television or theatre productions; (ix) use in historical re-enactments; (x) use in commemorative and ceremonial events; (xi) the purpose of the business of a firearms manufacturer. (2) The Registrar may not approve a purpose under this regulation that consists of or involves the protection of property. (3) The purpose or purposes for which the licensee is authorised to possess a firearm under a category 12 (miscellaneous) licence must be specified on the licence. (4) A category 12 (miscellaneous) licence may apply to any firearms, including prescribed firearms, deactivated firearms and regulated imitation firearms. (5) A category 12 (miscellaneous) licence may not authorise possession of a regulated imitation firearm or deactivated firearm of a particular category unless it is specifically endorsed to that effect. (6) A category 12 (miscellaneous) licence that authorises the manufacture of firearms or firearm parts must be specifically endorsed to that effect. (7) The Registrar may refuse an application for a category 12 (miscellaneous) licence authorising the holder of the licence to manufacture firearms or firearm parts for the purpose of the business of a firearms manufacturer if the Registrar is not satisfied that the person has sufficient knowledge, skills and expertise to manufacture firearms or firearm parts. (8) A category 12 (miscellaneous) licence authorising the holder of the licence to manufacture firearms or firearm parts is subject to the following conditions: (i) a person carrying on the business of manufacturing firearms or firearm parts; or (b) the licence may not apply to prescribed firearms or firearm parts for prescribed firearms; (c) the licensee must not carry on the business of purchasing or selling firearms, firearms parts or ammunition, or repairing, modifying or testing firearms or firearm parts, unless the person is authorised to do so under a category 11 (dealer) licence. (9) It is a condition of a category 12 (miscellaneous) licence that authorises possession of a regulated imitation firearm that the licensee must not, without the approval of the Registrar, alter the firearm in a manner that would enable it to function as a firearm. (10) A category 12 (miscellaneous) licence may only authorise a person other than a museum or the RSL to possess, for the purpose of collection, or collection and display, a prescribed firearm of a kind not designed to be carried by hand and that has not been deactivated if— (a) the firearm was in the lawful possession of the person before the commencement of this regulation; and (b) the person registered the firearm in the person's name before the end of the transition period. (11) A category 12 (miscellaneous) licence authorising the possession of a category C or D firearm is subject to the condition that the licensee must have a special need for the firearm that cannot be met by a firearm of any other category. (12) A category 12 (miscellaneous) licence authorising the possession of a prescribed firearm is subject to the following conditions: (a) the licensee must have a special need for the firearm that cannot be met by a firearm of any other category; (b) the firearm must not be used to fire a projectile except in accordance with the written approval of the Registrar obtained by the licensee; (c) the firearm must be kept— (i) at the premises and in the manner specified in the licence; or (ii) if written approval to the contrary is given by the Registrar—in accordance with that approval; (d) the licensee must not surrender control of the firearm except when disposing of the firearm. (13) In this regulation— museum means a museum to which access is permitted to the public on a regular basis, whether for free or on payment of a fee; transition period has the same meaning as in Schedule 1 Part 15 clause 25 of the Act.

Division 3—Grant and term of licence 26—Prescribed offences—grant of firearms licence

Schedule 2 Part 4 sets out the offences for the purposes of section 15(5) of the Act. 27—Term of licence For the purposes of section 17(1)(b) of the Act, the term prescribed is 3 years.

Division 4—Qualifications to hold licence 28—Training and examinations (1) The Registrar may, by notice in writing, require an applicant for— (a) a firearms licence; or (b) the addition of categories of firearms to which a licence relates; or (c) the endorsement of a further purpose or purposes on a licence, to complete to the satisfaction of the Registrar 1 or more of the following: (d) a course in the safe handling, carriage and use of firearms nominated by the Registrar; (e) a written examination in the safe handling, carriage and use of firearms nominated by the Registrar; (f) a practical examination in the safe handling, carriage and use of firearms nominated by the Registrar. (2) Subregulation (1) does not apply to an application for the renewal of a licence unless— (a) a period of 1 year or more has elapsed since the licence expired; or (b) the licence will authorise the possession and use of additional categories of firearm or will authorise the possession and use of firearms for additional purposes; or (c) the licence is endorsed for use in the course of carrying on the business of guarding property or use in guarding property in the course of employment by a person who carries on that business. 29—Instructors and examiners (1) The Registrar may authorise any suitable person to conduct a course or examination for the purposes of this Division. (2) A person who conducts a course or examination under this Division— (a) must not allow a person (the attendee) to attend the course or sit for the examination unless the attendee produces, for the person's inspection, a notice issued by the Registrar under regulation 28; and (b) must compile, in a form approved by the Registrar, and keep for at least 3 years, a record of the names and addresses of all persons who attend the course or sit for the examination. (3) A person referred to in subregulation (1) must provide the Registrar with such information as the Registrar requests relating to courses or examinations conducted by the person.

Division 5—Company Nominees 30—Application for approval of nominees of licensed companies (1) For the purposes of section 16 of the Act, an application for approval of a person as a company's principal or secondary nominee— (b) must be accompanied by any documents required under these regulations or by the Registrar; and (c) must be accompanied by the prescribed application fee. (2) An application for approval of a person as a company's nominee must be accompanied by— (a) documentation provided by the company supporting the application; and (b) details of the firearms in the possession of the company over which the nominee is intended to exercise control and the place at which those firearms will be kept. (3) The Registrar may require an applicant to provide any information the Registrar requires to determine the application. (4) The Registrar may only refuse an application for approval of a person as a company's nominee if the Registrar is not satisfied— (a) that the applicant has made the application in accordance with the Act (and these regulations) and met the requirements of the Registrar in connection with the application; or (b) that the person holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; or (c) that the person is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia; or (d) that the person is a fit and proper person to have control of the firearms in the possession of the company under the company's licence. 31—Revocation of approval (1) The Registrar may revoke the approval of a company's nominee— (a) on application of the company or the nominee; or (b) on the Registrar's own initiative by written notice to the company and the nominee, on any ground on which the Registrar might refuse to approve the person as a nominee of the company. (2) If the Registrar revokes the approval of a company's secondary nominee, written notice of the revocation must also be given to the company's principal nominee. 32—Records to be kept by company nominee A person approved as a company's nominee must keep a record of— (a) the firearms under the person's control as the company's nominee; and (b) the names of the persons who have possession of those firearms and the periods during which they have possession of them. 33—Registrar to be notified of change of address A company nominee must, within 14 days, give the Registrar written notice, in a form approved by the Registrar, of a change of the person's address.

Division 6—General provisions relating to licences 34—Registrar to be notified of change of address etc A licensee must, within 14 days, give the Registrar written notice, in a form approved by the Registrar, of a change of the licensee's name or address or any other detail recorded on the licence. 35—Duty to carry licence (1) A licensee must carry the licensee's firearms licence, or a legible copy of the licensee's firearms licence (which may be in electronic form), when the licensee has physical possession or control of a firearm under the licence or is supervising the use of a firearm by another person in circumstances authorised under the Act. (2) Subregulation (1) does not apply to a licensed dealer who has possession of a firearm in the ordinary course of the person's business under the licence. 36—Return of licence to Registrar (1) A person whose licence has been suspended or cancelled must immediately return the licence to the Registrar. (2) A licensee must return the licence to the Registrar in accordance with any directions given by the Registrar in order to vary the licence. 37—Replacement of licence If a person applies for replacement of a licence, and the Registrar is satisfied, on the information provided by the applicant or on such other evidence as the Registrar requires, that the licence has been lost, stolen or destroyed, the Registrar may, on payment of the prescribed fee, issue a replacement for the licence. 38—Licences granted to natural persons to include photographs (1) A firearms licence granted to a natural person must include a photograph of the licensee. (2) The Registrar may require an applicant for a licence or the holder of a licence that is to be varied or replaced— (a) to attend at a specified place for the purpose of having the applicant's photograph taken; or (b) to supply the Registrar with 1 or more photographs of the applicant or holder of the licence specified by the Registrar. (3) If— (a) an application is made for a licence or the variation or replacement of a licence; and (i) the applicant fails to comply with a requirement under subregulation (2); or (ii) a photograph taken or supplied under subregulation (2) is not suitable, in the Registrar's opinion, for inclusion in a licence, the Registrar may suspend consideration of the application until the applicant complies with the requirement or a suitable photograph is taken or supplied. (4) If the Registrar varies a licence on the Registrar's own initiative and the licensee refuses or fails to comply with a requirement under subregulation (2)(a), the Registrar may suspend or cancel the licence. (5) The Registrar may issue an interim licence that does not include a photograph of the licensee if the Registrar determines that it is appropriate to do so. (6) An interim licence comes into force on the day specified on the licence and remains in force for 90 days or until a licence that includes a photograph is issued to the applicant, whichever first occurs.

Part 3—Exemptions and permits

Division 1—Exemptions 39—Exemptions for persons visiting or moving to South Australia (1) This regulation authorises the possession or use of a firearm for a purpose in South Australia only if the possession or use of that firearm for that purpose could be authorised by a firearms licence other than, subject to subregulation (3), a category 11 (dealer) licence or a category 12 (miscellaneous) licence. (2) Pursuant to section 8(5) of the Act, but subject to this regulation, a person whose usual place of residence is in another State or a Territory of the Commonwealth may possess or use a firearm for a purpose in South Australia, without holding a firearms licence, if the person is authorised to possess or use that firearm for that purpose under the law of the person's usual place of residence. (3) This regulation authorises a person whose usual place of residence is in another State or a Territory of the Commonwealth to— (a) possess or use a category A or B firearm; or (b) possess a firearm of any category (including a prescribed firearm) that has been rendered permanently unusable, in South Australia for the purpose of historical re-enactment without holding a firearms licence, if the person is authorised to possess or use that firearm for that purpose under the law of the person's usual place of residence. (4) Pursuant to section 8(5) of the Act, but subject to this regulation, a person who moves the person's usual place of residence to South Australia may, for the period of 3 months after moving, possess or use a firearm for a purpose in South Australia, without holding a firearms licence, if the person could possess or use that firearm for that purpose under the law of the person's former place of residence. (5) Subregulation (4) does not authorise a person to use a category C, D or H firearm in South Australia. (6) A person referred to in subregulation (2), (3) or (4) who has been issued with a licence or other authority authorising the possession or use of the firearm under the law of the person's usual or former place of residence must carry the licence or other authority when the firearm is in the person's physical possession or control in South Australia, and must produce the licence or other authority to a police officer on request. (7) A person referred to in subregulation (4) must, within 7 days after moving the person's usual place of residence to South Australia, apply under the Act for a firearms licence in respect of the firearm and for registration of the firearm. (8) An exemption provided by this regulation does not apply in favour of— (a) a person who fails to comply with subregulation (6) or (7); or (b) a person who handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm. 40—Further exemptions from requirement to hold firearms licence (1) Pursuant to section 8(5) of the Act, the following persons are, subject to subregulation (2), exempt from the requirement to hold a firearms licence under the Act: (a) a person who has possession of or uses a category C firearm on the grounds of a recognised firearms club that is affiliated with The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated for the purpose of shooting in an activity of the club conducted in accordance with the rules of the Australian Clay Target Association Incorporated if that person is with, and is under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; (b) a person 14 years of age or more but under the age of 18 years who has possession of or uses a firearm at facilities provided by the South Australian Sports Institute if that person is (with the consent of the person's parent or guardian) with, and under the continuous supervision of, a person who holds a firearms licence authorising possession of the firearm for the purpose for which it is being used; (c) a person of any age who has possession of or uses a firearm (including a prescribed firearm)— (i) in the course of rehearsal for, or the performance of, a theatrical production; or (ii) in the course of rehearsal for, or the filming of, a scene in the production of a film, if that person is under the continuous supervision of a person who holds a firearms licence, or a foreign theatrical armourer permit, authorising possession of the firearm for the purpose for which it is being used. (2) A person is not exempt from holding a firearms licence in circumstances referred to in subregulation (1) if the person— (a) is suspended from holding a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth; or (b) has been the holder of a firearms licence, or a similar licence or authorisation under corresponding legislation of another State or Territory of the Commonwealth, that has been cancelled; or (c) is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or (d) handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm. (3) If a person is exempt from holding a firearms licence in circumstances referred to in subregulation (1), the Act does not apply to the acquisition of the firearm by the person in those circumstances. 41—Exemption relating to employment of persons by licensed dealers Pursuant to section 8(5) of the Act, if a licensed dealer employs a disqualified person who holds a category 11 (dealer) licence in the business of the dealer, and the person is a disqualified person solely by virtue of having been found guilty of an offence under this Act or the repealed Act that is not— (a) an offence prescribed for the purposes of paragraph (c)(iii) of the definition of disqualified person in section 11(7) of the Act, or (b) an offence prescribed for the purposes of section 15(5) of the Act, the licensed dealer and the person are exempt from the operation of section 11(1) of the Act in relation to that employment (and do not commit an offence against section 11(1)). 42—Exemption in relation to gas cylinders Pursuant to section 8(5) of the Act, a person who acquires, owns, possesses or supplies a cylinder of compressed gas designed for use in a firearm is exempt from the application of section 31 of the Act in relation to that acquisition, ownership, possession or supply. 43—Exemption from certain provisions of Act for collectors of Very pistols Pursuant to section 8(5) of the Act, a person who holds— (a) a category 10 (collector) licence; or (b) a category 12 (miscellaneous) licence that authorises the collection, or collection and display, of firearms, and who acquires, owns or possesses a Very pistol for the purposes only of collection, or collection and display, is exempt from the application of sections 22, 27 and 29 of the Act in relation to that acquisition, ownership or possession subject to the condition that the Very pistol must not be used to fire signalling or emergency distress flares, pyrotechnic shells or other projectiles. 44—Exempt firearms Pursuant to section 8(5) of the Act, the following are excluded from the provisions of the Act and these regulations: (a) captive bolt guns; (b) tools or instruments powered by burning propellant or by compressed air or other compressed gas; (c) rocket line launchers; (d) devices designed to throw a net to catch animals; (e) devices designed to throw an object for shotgun target practice; (f) dog retrievers; (g) Very pistols, the possession and use of which is only for the purpose of signalling distress or rescuing persons in distress; (h) firearms that— (i) have been fitted with a transmitter of infrared electromagnetic waves or a receiver of such waves or both; and (ii) have been modified so as to be incapable of firing a projectile; and (iii) cannot easily be modified to fire projectiles; (i) underwater firearms; (j) firearms that are not designed to be carried by hand and that have a calibre that exceeds 19.1 millimetres and— (i) have been rendered permanently unusable so as to be incapable of firing a projectile; or (ii) for which ammunition is not commercially available; (k) receivers of firearms referred to in a preceding paragraph. The definition of firearm in section 4(1) of the Act excludes an antique firearm. Antique firearm is defined in section 5(2) of the Act. Division 2—Permits 45—International visitor firearms permits (section 8(2)(a) of Act) (1) Subject to this regulation, the Registrar may, on the application of a person who is visiting, or who intends visiting, Australia, issue an international visitor firearms permit to the applicant authorising the applicant to possess and use a firearm for 1 or more of the following purposes as specified in the permit: (a) competitive shooting; (b) hunting; (c) providing personal security services for a foreign dignitary or official; (d) commemorative and ceremonial events; (e) historical re-enactment or display; (f) testing or demonstrating firearms for a government department, agency or instrumentality. (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (4) The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions. (5) A permit issued under this regulation is subject to the following conditions: (a) the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms; (b) the permit holder must— (i) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and (6) A permit— (b) is subject to (in addition to the limitations and conditions prescribed by other provisions of this regulation) any limitations or conditions imposed by the Registrar; and (7) A permit issued under this regulation— (a) must identify the firearm or firearms to which it applies; and (b) must not be issued in relation to a category D firearm or a prescribed firearm; and (c) must specify any exemption that applies under subregulation (4). 46—Foreign theatrical armourer permits (section 8(2)(b) of Act) (1) Subject to this regulation, the Registrar may, on the application of a foreign theatrical armourer, grant a foreign theatrical armourer permit to the armourer authorising the armourer to possess or use a firearm for the purpose of film, television or theatre production in South Australia. (3) The Registrar may require an applicant to provide any information the Registrar requires to determine the application. (4) The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions. (5) A permit issued under this regulation is subject to the following conditions: (a) in the case of a permit authorising the possession of a prescribed firearm—that the firearm must not be used to fire a projectile; (b) the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms; (c) the permit holder must carry the permit when a firearm is in the person's physical possession or control in South Australia or the permit holder is supervising a person who has possession of, or is using, a firearm for the purposes of a film, television or theatrical production in South Australia, and must produce the permit to a police officer on request; (d) the permit holder must— (i) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and (6) A permit— (b) is subject to (in addition to the limitations and conditions prescribed by other provisions of this regulation) any limitations or conditions imposed by the Registrar; and (7) A permit may only apply to a category of firearm that the foreign theatrical armourer is authorised to possess or use for the purpose of film, television or theatre production under the law of the armourer's usual place of residence. (8) A permit issued under this regulation must specify any exemption that applies under subregulation (4). 47—Foreign firearms dealer permits (section 8(2)(c) of Act) (1) Subject to this regulation, the Registrar may, on the application of a foreign firearms dealer who is attending, or intends to attend, an arms fair, grant a foreign firearms dealer permit to the dealer authorising the possession or use of a firearm or ammunition, or the possession of a firearm part, for 1 or more of the following purposes as specified in the permit: (a) the display of firearms, firearm parts or ammunition by the dealer at the arms fair; (b) the sale of firearms, firearm parts or ammunition by the dealer at the arms fair; (c) the purchase of firearms, firearm parts or ammunition by the dealer at the arms fair; (d) the use of firearms, firearm parts or ammunition by the dealer at the arms fair; (e) supervising the use of a firearm (at a specified place) by a person who is considering acquiring the firearm from the dealer, for the purpose of testing the firearm. (2) Subject to subregulation (3), a permit may only apply to a category of firearm or to firearm parts or ammunition of a kind that a foreign firearms dealer is authorised to possess or use under the law of the jurisdiction authorising the dealer to carry on the business of a firearms dealer in that jurisdiction. (3) A permit with respect to the possession or use of firearms or firearm parts may only be granted in relation to category A, B or H firearms or firearm parts for a category A, B or H firearm. (4) The application must— (5) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (6) The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions. (7) A permit issued under this regulation is subject to the following conditions: (a) the permit holder must, before bringing a firearm into the State under the permit, provide the Registrar with the details of— (i) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (ii) the number or characters constituting the identifying mark of the firearm; (b) the permit holder must not display 2 or more identical firearms or firearm parts or more than 50 rounds of identical ammunition; (c) the permit holder must not supply a firearm, firearm part or ammunition to a person under the permit other than to a licensed dealer or a person the permit holder is satisfied, after inspecting the relevant permit or licence (or both) held by the person, is entitled to acquire and possess the firearm, firearm part or ammunition; (d) in relation to a firearm acquired or supplied by the permit holder under the permit, the permit holder must record in duplicate, in a form approved by the Registrar— (i) the name and address of the person from whom the firearm was acquired, or to whom the firearm was supplied (as the case requires) and licence number of the person's firearms licence; and (ii) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (iii) the number or characters constituting the identifying mark of the firearm; and (iv) any other information as required by the Registrar; (e) the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the permit holder's possession and the permit holder's facilities for the storage and safe keeping of the firearms; (f) the permit holder must carry the permit when carrying on the business of a dealer at an arms fair and must produce the permit to a police officer on request; (g) the permit holder must— (i) within 24 hours, unless the permit holder has a reasonable excuse for not doing so, provide an oral report to a police officer; and of the theft or loss of a firearm in the permit holder's possession. (8) A permit— (b) is subject to (in addition to the limitations and conditions prescribed by this regulation) any limitations or conditions imposed by the Registrar; and (9) A permit issued under this regulation must specify any exemption that applies under subregulation (6). (10) In subregulation (7)(d)(i), a reference to a firearms licence includes a reference to a firearms licence or a similar licence or authorisation issued under a corresponding law of another jurisdiction. 48—Keeping and provision of records by holder of foreign firearms dealer permit A person who holds, or has held, a foreign firearms dealer permit must— (a) within 28 days of the end of an arms fair attended by the person pursuant to the permit— (i) in respect of the records required to be made in accordance with regulation 47(7)(d), provide the Registrar with the original records, or an electronic copy of the original records; or (ii) if no firearms were acquired or supplied by the holder at the arms fair under the permit, provide a statement of "Nil Return" to the Registrar, in a form approved by the Registrar (which may be by electronic means); and (i) if the original records were provided to the Registrar under paragraph (a)(i), keep the duplicate copy of the records; or (ii) if an electronic copy of the original records was provided to the Registrar under paragraph (a)(i), keep the original records, for at least 3 years. 49—Firearm refurbishment permits (section 8(2)(d) of Act) (1) Subject to this regulation, the Registrar may, on application, grant a firearm refurbishment permit to a person authorising the person to possess firearms for the purpose of carrying on the business of refurbishing firearms. (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (4) The Registrar must not grant a permit under this regulation unless the Registrar is satisfied that the person is a fit and proper person to hold the permit. (5) The Registrar may exempt the holder of a permit issued under this regulation from provisions of the Act or these regulations, absolutely or subject to conditions. (6) A permit issued under this regulation is subject to the following conditions: (a) the permit holder must, in respect of a firearm that comes into or leaves the possession of the permit holder for refurbishing, record in duplicate, in a form approved by the Registrar— (i) the name and address of the person giving possession of the firearm to the permit holder and the licence number of the person's firearms licence; and (ii) the name and address of the person taking possession of the firearm from the permit holder and the licence number of the person's firearms licence; and (iii) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (iv) the number or characters constituting the identifying mark of the firearm; and (v) the date on which the firearm came into, and left, the permit holder's possession; and (vi) any other information as required by the Registrar; (b) the permit holder must— (i) keep the records made under the permit in accordance with paragraph (a) for at least 3 years; and (ii) at the request of the Registrar, provide the original records, or a copy of the original records, (including by electronic means) to the Registrar within the time specified by the Registrar; (c) the permit holder must allow a police officer to inspect, at any reasonable time, the firearms in the person's possession and the person's facilities for the storage and safe keeping of the firearms; (d) the permit holder must, on the request of a police officer, produce the permit to the officer; (e) the permit holder must— (i) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and (7) A permit— (a) may be issued for such term (not exceeding 5 years) as the Registrar thinks fit; and (b) is subject to (in addition to the limitations and conditions prescribed by this regulation) any limitations or conditions imposed by the Registrar; and (8) A permit may not be granted in relation to a prescribed firearm. (9) A permit issued under this regulation must specify any exemption that applies under subregulation (5). (10) In subregulation (6)(a), a reference to a firearms licence includes a reference to a firearms licence or a similar licence or authorisation issued under a corresponding law of another State or Territory of the Commonwealth. 50—Return of permit to Registrar (1) If a permit granted to a person under this Division is revoked, the person must immediately return the permit to the Registrar. (2) A permit holder must return the permit to the Registrar in accordance with any directions given by the Registrar in order to vary the permit.

Part 4—Acquisition, supply and transfer of possession of firearms 51—Prescribed process for acquisition of firearm For requirements that apply to the acquisition of a firearm by or from a licensed dealer (including the acquisition of a firearm by or from a licensed dealer as the agent of the owner of the firearm)—see regulation 53. (1) For the purposes of section 22(1)(b) of the Act, but subject to this regulation, the prescribed process for a person's acquisition of a firearm from another (the supplier) is as follows: (a) the firearm must be delivered into the person's physical possession by the supplier while they are together in the presence of a prescribed person; (b) the delivery of the firearm must be witnessed by the prescribed person; (c) the person and the supplier must produce the licences and permit and provide the prescribed person with the information necessary to enable the prescribed person to comply with the prescribed person's obligations under paragraph (d); (d) the prescribed person must— (i) be satisfied, by inspecting the relevant licence and permit that the person acquiring the firearm is entitled to acquire and possess it; and (ii) at the time of the transaction, record in a form approved by the Registrar— (A) the name and address of the supplier and the person acquiring the firearm and the licence number of the firearms licence held by each person; and (B) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (C) the number or characters constituting the identifying mark of the firearm; and (D) the date and time of the transaction; and (iii) provide the Registrar with the original of the record within 7 days after the end of the month in which the transaction occurred, or as requested by the Registrar. (2) If a firearm is acquired from a person outside South Australia— (a) subregulation (1) does not apply; and (b) the person must acquire the firearm through a licensed dealer in this State, acting as an agent of the person. (3) If the person acquiring the firearm is a company or the supplier is a company, the requirements of subregulation (1) must be satisfied by the company's principal or secondary nominee on behalf of the company. (4) If a prescribed person is unable to comply with subregulation (1) because a person fails to produce the necessary licence or permit or to provide the necessary information, the prescribed person must prepare and submit a report to the Registrar setting out such information as the Registrar requires in relation to the matter. (5) A prescribed person may refuse to witness the delivery of a firearm under subregulation (1) if the person is not first paid the prescribed fee. (6) A licensed dealer, licensed employee of a dealer or a responsible officer of a recognised firearms club who agrees to witness the delivery of a firearm under subregulation (1) but fails to comply with a requirement under that provision or subregulation (4) is guilty of an offence. (7) A licensed dealer must make a copy of a record made by the dealer or a licensed employee of the dealer under this regulation and the licensed dealer must keep the copy of the record at the premises specified in the dealer's licence for a period of not less than 3 years from the date on which the record was made. (8) A responsible officer of a recognised firearms club must make a copy of a record made by the responsible officer under this regulation and the officer must keep the copy of the record at a place approved by the Registrar for a period of not less than 3 years from the date on which the record was made. (9) In this regulation— licensed employee of a licensed dealer means a person who holds a category 11 (dealer) licence as an employee of a licensed dealer; prescribed person means— (a) a police officer; or (b) a licensed dealer or a licensed employee of a licensed dealer who is acting in the ordinary course of the employee's employment; or (c) a responsible officer of a recognised firearms club authorised by the Registrar to be a prescribed person for the purposes of this regulation; or (d) a Public Service employee authorised by the Registrar to be a prescribed person for the purposes of this regulation. (10) In subregulations (1)(c), (1)(d) and (4), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth. 52—Retention and production of written loan or hire agreements for acquisition of firearms (other than from licensed dealers) (1) For the purposes of section 22(8) of the Act, the following provisions apply to a written agreement for the loan or hire of a firearm: (a) each party must retain a copy of the agreement for the duration of the period for which the firearm is loaned or hired; (b) the licensee borrowing or hiring the firearm must carry a copy of the agreement when the licensee has physical possession or control of the firearm to which the agreement relates; (c) a party to the agreement must, at the request of a police officer, produce a copy of the agreement for inspection by the police officer as soon as is reasonably practicable after the request is made; (d) a police officer may retain a copy of the agreement for such reasonable period of time as is necessary to make a copy of the agreement. (2) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under this regulation. 53—Requirements in relation to supply of firearm by licensed dealer (section 22(9) of Act) (1) For the purposes of section 22(9) of the Act, a licensed dealer must, in respect of a firearm supplied by the dealer in the ordinary course of the dealer's business (including by the licensed dealer as the agent of the owner of the firearm) be satisfied that the person acquiring the firearm is entitled to acquire and possess the firearm— (a) in the case of a firearm supplied to another licensed dealer in the ordinary course of that dealer's business (including by that dealer as the agent of a person acquiring the firearm)—by inspecting the firearms licence (or if the dealer is not present in this State, a copy of the firearms licence) held by the dealer authorising the person to carry on the business of a dealer; or (b) in the case of a firearm supplied to a person other than a licensed dealer—by inspecting the relevant firearms licence and permit held by the person. (2) In subregulation (1), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth. 54—Licensed dealer records and returns relating to firearms and ammunition (1) A licensed dealer must compile records and provide returns as required by this regulation in the manner and form approved by the Registrar for that purpose. (2) A licensed dealer must, in respect of a firearm acquired or supplied by the dealer, or that otherwise comes into or leaves the possession of the dealer in the ordinary course of the dealer carrying on the business of a dealer (including for hire, repair, consignment or safe keeping), record in duplicate, as the case requires— (a) the name and address of the owner of the firearm and the licence number of the firearms licence held by the owner of the firearm acquired by, or that otherwise comes into the possession of, the dealer (including if the dealer is acting as the agent of the owner of the firearm); and (b) in the case of a firearm supplied by, or otherwise leaving the possession of, the dealer (including by the dealer acting as the agent of the owner of the firearm)—the name and address of the person acquiring, or otherwise taking possession of, the firearm, and the licence number of the firearms licence held by that person; and (c) in the case of a firearm hired out by the dealer—the duration and terms of the hire agreement; and (d) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (e) the number or characters constituting the identifying mark of the firearm; and (f) any other information required by the Registrar. (3) Subregulation (2) does not apply to a transaction in respect of which records have been made by a dealer under regulation 51. (4) Within 7 days after the end of each month the dealer must, in respect of records required under subregulation (2)— (a) deliver the original records in respect of that month to the Registrar; or (b) provide a copy of the original records in respect of that month to the Registrar by electronic means. (5) If, during a month, no firearms have been acquired by or have otherwise come into the possession of the dealer, or no firearms have been supplied by or otherwise left the possession of the dealer, the dealer must provide a copy (including by electronic means) of the appropriate form to the Registrar containing the statement "Nil Return". (6) A licensed dealer must— (a) compile such records as required by the Registrar with respect to ammunition bought or sold by the dealer in the ordinary course of the dealer carrying on the business of a dealer; and (b) provide the Registrar with the original or an electronic copy of the records (as specified by the Registrar) at such times required by the Registrar. (7) The dealer must, in respect of records required under this regulation— (a) if the original records have been delivered to the Registrar under this regulation—keep a duplicate copy of the records; or (b) if the original records have been retained by the dealer—keep the original records, at the premises specified in the dealer's licence for a period of not less than 3 years from the date on which the record was made. (8) In subregulation (2), a reference to a firearms licence includes a reference to a firearms licence or similar licence or authorisation issued under a corresponding law of another jurisdiction. 55—Requirements relating to agreements for hire of firearms made with licensed dealers (1) The following provisions apply to and in respect of agreements for the hire of firearms made between a person and a licensed dealer: (a) the agreement for the hire of the firearm must include— (i) the name and address of the dealer hiring the firearm to the person; and (ii) the name and address of the person hiring the firearm from the dealer and the licence number of the firearms licence held by that person; and (iii) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (iv) the duration and the terms of the hire agreement; and (v) any other information required by the Registrar and notified to the dealer from time to time; (b) the dealer must provide a copy of the agreement for the hire of the firearm to the person hiring the firearm, at the time the person takes possession of the firearm; (c) the person hiring the firearm must retain a copy of the agreement for the duration of the period for which the firearm is hired from the dealer; (d) the person hiring the firearm must carry a copy of the agreement when the licensee has physical possession or control of the firearm to which the agreement relates; (e) the person hiring the firearm must, at the request of a police officer, produce a copy of the agreement for inspection by the police officer as soon as is reasonably practicable after the request is made; (f) a police officer may retain a copy of the agreement for such reasonable period of time as is necessary to make a copy of the agreement. (2) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under this regulation. (3) In subregulation (1)(a)(ii), a reference to a firearms licence includes a reference to a firearms licence or similar licence or authorisation issued under a corresponding law of another jurisdiction. 56—Return of permit to Registrar A person whose permit to acquire a firearm has been suspended or cancelled under the Act must immediately return the permit to the Registrar. 57—Transfer of possession of firearms (1) For the purposes of section 25 of the Act, the owner, or a person to whom the owner has transferred possession, of a firearm, has possession of the firearm (and therefore has not transferred possession of the firearm for the purposes of section 25) while the firearm is in his or her physical possession or under his or her control. (2) Without limiting subregulation (1), a firearm will be taken to be in the physical possession or under the control of the owner or a person to whom the owner has transferred possession— (a) while he or she is handling the firearm or the firearm is under his or her control; or (b) while the firearm is— (i) on premises at which the owner or other person usually resides or which he or she usually occupies or premises at which he or she is for the time being residing or which he or she is for the time being occupying; or (ii) in a vehicle, vessel or aircraft in which the owner or other person is for the time being travelling or residing; or (c) where the firearm is in the possession of, or used by, the owner or other person in the course of carrying on a business—while the firearm is on premises at which that business is carried on; or (d) while the firearm is in the physical possession or under the control of an employee of the owner of the firearm or other person in the course of that employment; or (e) while the firearm is in the possession of a person on behalf of the owner or other person in the normal course of the first mentioned person— (i) carrying on the business of transporting or storing goods; or (ii) carrying on the business of refurbishing firearms; or (iii) carrying on the business of manufacturing firearms or firearm parts. (3) For the purposes of section 25(1)(d) of the Act, the owner of a firearm who is the operator of a primary production business may transfer possession of the firearm to a person who holds a category 5 (primary production) licence who is engaged in the primary production business as an employee or relative of the operator of the business, for the purpose of transporting the firearm to the owner of the firearm in relation to the business, provided that the firearm is of a category that the person is authorised to possess under a firearms licence held by the person.

Part 5—Registration of firearms 58—Registration of firearms—Application of Part 4 of Act Pursuant to section 26(b) of the Act, Part 4 of the Act does not apply to a firearm in the possession of a person under, and in accordance with, an agreement for the hire of the firearm from a licensed dealer made in the ordinary course of the dealer carrying on the business of a dealer. 59—Registration A person applying for registration of a firearm must produce the firearm to a police officer at the time the application is made. 60—Certificate of registration (1) The Registrar must issue a certificate of registration, in the form approved by the Registrar, to the person in whose name the firearm is registered. (2) The Registrar may, on payment of the prescribed fee, issue a certificate of registration to replace a certificate that has been lost, stolen or destroyed. 61—Registrar to be notified of certain events relating to registered firearms (1) The person in whose name a firearm is registered must— (a) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and of the loss, theft or destruction of the firearm or of any alteration made to the firearm that affects the nature or performance of the firearm. (2) Without limiting subregulation (1), an alteration to a firearm will be taken to affect the nature and performance of the firearm if, as a result of the alteration, the firearm becomes a firearm of a different category. (3) The person in whose name a firearm is registered must, within 14 days, give the Registrar written notice, in a form approved by the Registrar, of a change of the person's address or name or any other detail recorded on the certificate of registration. Maximum penalty: $2 500. (4) The person in whose name a firearm is registered must, within 7 days, give the Registrar written notice, in a form approved by the Registrar, if the firearm is disposed of to a person outside South Australia.

Part 6—Possession of ammunition 62—Restriction on possession of certain ammunition (1) Pursuant to section 34(4) of the Act, a person must not have possession of a round of ammunition that includes high explosives or that is designed to kill, injure or incapacitate by means of smoke or chemicals. (2) Pursuant to section 34(4) of the Act, a person must not have possession of a round of military ammunition unless— (a) it has been modified so that it is incapable of being fired; or (b) it is of United Nations Hazard classification Code 1.4S and has a calibre of less than 19.1 mm. 63—Return of permit to Registrar A person whose permit to possess ammunition has been suspended or cancelled must immediately return the permit to the Registrar. Maximum penalty: $1 250.

Part 7—Security of firearms and ammunition 64—Code of practice For the purposes of section 35 of the Act, the Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items is set out in Schedule 1.

Part 8—Prohibited practices relating to firearms and ammunition 65—Alteration of firearms An alteration of a firearm, other than a category H firearm, that results in the firearm becoming a firearm of a different category by changing the barrel of the firearm, is permitted for the purposes of section 38(2)(b) of the Act, provided that the firearm, as so altered, is not a category H firearm. 66—Possession of sound moderators by licensed dealers for purpose of business of dealer (1) An approval of the Registrar under section 39 of the Act held by a licensed dealer to acquire, own or possess a sound moderator in the ordinary course of the dealer's business is subject to the following conditions: (a) the dealer must, before supplying a sound moderator to another person, be satisfied that the other person holds a written approval of the Registrar under section 39 of the Act to acquire, own or possess the sound moderator; (b) the dealer must ensure that, when supplying a sound moderator to another (not being a licensed dealer), the sound moderator is delivered directly to the person, or in the case of a company that holds a firearms licence, to the company's principal nominee or secondary nominee, and not to any agent or carrier; (c) the dealer must, in respect of a sound moderator acquired or supplied by the dealer (as the case requires), record in duplicate in the manner and form approved by the Registrar— (i) the name and address of the person from whom the dealer acquired the sound moderator, and the number of the firearms licence held by the person; and (ii) the name and address of the person acquiring the sound moderator and the number of the firearms licence held by the person; and (iii) the number or characters constituting the identifying mark (if any) of the sound moderator; and (iv) if the sound moderator is the subject of a hire agreement—the duration and terms of the hire agreement; and (v) any other information required by the Registrar; (d) the dealer must allow a police officer, on request, to inspect the records made under this regulation; (e) the dealer must provide the Registrar with the information recorded under paragraph (c) in accordance with subregulations (3) and (4). (2) A licensed dealer who fails to comply with a condition of an approval under this regulation is guilty of an offence. (3) Within 7 days after the end of each month the dealer must, in respect of records required under subregulation (1)(c)— (a) deliver the original records in respect of that month to the Registrar; or (b) provide a copy of the original records in respect of that month to the Registrar by electronic means. (4) The dealer must, in respect of records required under this regulation— (a) if the original records have been delivered to the Registrar under subregulation (3)(a)—keep a duplicate copy of the records; or (b) if the original records have been retained by the dealer—keep the original records, at the dealer's premises for at least 3 years. 67—Conditions of approvals imposed by Registrar relating to sound moderators and restricted firearm mechanisms (1) Pursuant to section 39(14) of the Act, the Registrar may impose conditions or limitations on approvals granted with respect to sound moderators and restricted firearm mechanisms under that section. (2) A person who fails to comply with a condition or limitation of an approval imposed by the Registrar is guilty of an offence. 68—Assembly of ammunition (1) Pursuant to section 41(3)(e) of the Act, a junior licensee is excluded from the operation of section 41(3)(a) of the Act (and is not permitted to assemble ammunition) if— (a) the junior licensee is not, while assembling ammunition, under the immediate supervision of an adult who holds a firearms licence; and (b) the ammunition is not for the personal use of— (i) the junior licensee in a firearm lawfully in the junior licensee's possession in circumstances in which the junior licensee is authorised under the Act to use the firearm; or (ii) the adult who is supervising the junior licensee, in the course of that supervision. (2) In this regulation— junior licensee means— (a) a person 12 years of age or more and under 18 years of age who holds a category 1 (shooting club) licence; or (b) a person 15 years of age or more and under 18 years of age who holds a category 5 (primary production) licence as an employee or relative of the operator of a primary production business.

Part 9—Firearms clubs, commercial range operators and paint‑ball operators Division 1—Firearms clubs 69—Recognition of firearms clubs (1) The Registrar may, on application, declare a firearms club to be a recognised firearms club by notice in the Gazette. (2) An application for recognition of a firearms club— (i) a copy of the rules relating to the constitution, powers, management and administration of the club, and in the case of an application by a company, a copy of its constitution; and (ii) a list of the names and addresses of the members of the controlling body of the club and the office (if any) held by each member or, if the club is a company, a list of the names and addresses of the directors and shareholders of the company; and (iii) a statement of the number of members of the club; and (iv) a description of the current and proposed activities of the club; and (v) if the activities of the club include shooting— (A) a plan of the grounds regularly used by the club and a map showing the location of the grounds used for shooting activities; and (B) a list of the names and addresses of members of the club who are authorised to supervise the activities of club members at the grounds; and (C) evidence that the club has permission of the owner of the land on which the grounds are situated for the club's use of the grounds for shooting activities; and (D) evidence that the club has permission of the owner of adjoining land over which projectiles may pass in the course of shooting activities at the grounds; and (E) evidence of compliance with the requirements of any other Act relating to the use of land for shooting activities; and (vi) such other information as the Registrar requires; and (vii) the prescribed application fee. (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (4) The Registrar may only refuse an application under this regulation if the Registrar is not satisfied that the club— (a) has made the application in accordance with this regulation and met the requirements of the Registrar in connection with the application; or (b) has at least 5 members; or (c) is a company or an incorporated association; or (d) conducts, or will conduct, its activities in a safe and responsible manner; or (e) will hold at least 4 meetings in the 12 month period commencing on the day on which notice of recognition is published in the Gazette and in each subsequent 12 month period. (5) The Registrar must, if the Registrar refuses an application under this regulation, provide the applicant with a written statement setting out the reasons for the refusal. (6) The Registrar may, if at any time the Registrar is satisfied that a recognised firearms club— (a) no longer conducts its activities in a safe and responsible manner; or (b) no longer satisfies or has not satisfied the other requirements referred to in subregulation (4); or (c) has failed to comply with the Act or these regulations, by notice in the Gazette, revoke the recognition of the club. (7) Before revoking the recognition of a firearms club, the Registrar must— (a) give the club at least 2 months written notice of the proposed action setting out the Registrar's reasons for the proposed action; and (b) give the club a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed action. (8) The club must, on receiving notice of the proposed action, inform its members in writing of the proposed action. 70—Approval of grounds of recognised firearms clubs (1) If any activity involving the use of a firearm takes place on grounds of a recognised firearms club and the grounds are not approved under this regulation in relation to that activity, recognition of the club under this Division is by force of this regulation revoked. (2) An application for approval of grounds for use in connection with the activities of a recognised firearms club may be made to the Registrar by the club and must— (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (a) the activities of the recognised firearms club involving the use of a firearm (if any) may be conducted safely at the grounds of the club; and (b) the grounds of the recognised firearms club are suitable for the purpose of the activities of the club, the Registrar may approve the grounds for use in connection with those activities. (5) If the Registrar refuses an application for approval, the Registrar must provide the applicant with a written statement setting out the reasons for the refusal. (a) no activity involving the possession or use of a firearm may take place at the grounds of the recognised firearms club unless the activity is approved by the Registrar; (b) the grounds of the recognised firearms club, as approved by the Registrar, must not be subject to significant alteration without the further approval of the Registrar; (c) the recognised firearms club must ensure that the activities of the club that involve the use of a firearm are under the supervision of— (i) in the case of a club that is a company that holds a category 1 (shooting club) licence— (A) the company's principal or secondary nominee; or (B) a member of the club authorised by the governing body of the club to supervise such activities; or (ii) in any other case—a member of the controlling body of the club, or a member of the club authorised by the controlling body of the club to supervise such activities; (d) the Registrar, a police officer or some other person authorised by the Registrar may at any reasonable time enter the grounds of the recognised firearms club to do 1 or more of the following: (i) inspect the grounds; (ii) inspect any firearms on the grounds; (iii) inspect any records required to be kept under the Act or condition of an approval of the grounds; (e) if the safety of persons is adversely affected or threatened by an incident involving the use of a firearm that occurs on the grounds of the recognised firearms club, or in the course of an activity of the club, the club must— (ii) provide a written report to the Registrar within 7 days of the occurrence that contains such information in relation to the matter that the Registrar requires. (7) In addition to the conditions set out in subregulation (6), an approval under this regulation is subject to any conditions imposed by the Registrar (which may include a condition limiting the periods during which the grounds may be used by the operator). (8) The Registrar may impose conditions under subregulation (7) on the approval of the grounds or subsequently. (9) The Registrar may, on the Registrar's own initiative or on application by a recognised firearms club, vary or revoke conditions of an approval. (10) If at any time the Registrar is satisfied that grounds approved under this regulation would not be approved if application for approval were made at that time or that a condition of the approval has been contravened, the Registrar may, by written notice to the club, revoke the approval. (11) Before revoking an approval or varying conditions of an approval on the Registrar's own initiative, the Registrar must— (a) give the club at least 2 months written notice of the proposed revocation or variation setting out the Registrar's reasons for the proposed revocation or variation; and (b) give the club a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed revocation or variation. (12) The Registrar, a police officer or some other person authorised by the Registrar, may, for the purposes of determining an application for approval under this regulation, enter and inspect the proposed grounds of a firearms club at any reasonable time. 71—Breach of conditions of approval of grounds of recognised firearms club A recognised firearms club that fails to comply with a condition of the approval of the grounds of the club is guilty of an offence. 72—Certificate of recognition of club (1) If the Registrar has declared a firearms club to be a recognised firearms club, the Registrar must provide the club with a certificate setting out— (b) the location of the club's grounds; and (c) the current activities (and the proposed activities if any) of the club. (2) The recognised firearms club must display the certificate, or a copy of the certificate, in a prominent position on its premises or at the grounds used by it. 73—Registrar to be notified of certain changes (1) A recognised firearms club must, within 28 days after variation in or addition to the activities of the club involving the possession or use of a firearm has been approved by Registrar, provide the Registrar with a description of the variation in or addition to the activities of the club. (2) A recognised firearms club must, within 28 days after a variation to the rules of the club, or in the case of a club that is a company, a variation of its constitution, comes into force, provide the Registrar with the text of the variation to the rules or the constitution. (3) A recognised firearms club must, within 28 days after a change in the membership of the controlling body of the club, or in the case of a club that is a company, a change in the directors or shareholders of the company has occurred, provide the Registrar with the following (as the case requires): (a) the names and addresses of the controlling body and the office (if any) held by each member; (b) the names of the persons who have ceased to be directors or shareholders of the company and the names and addresses of persons who have become directors or shareholders of the company. (4) A recognised firearms club must, from time to time, at the request of the Registrar, provide the Registrar with such information in relation to the affairs and activities of the club as the Registrar requires. 74—Acceptance of new members (1) A recognised firearms club that is a shooting club must not grant an application for membership of the club unless— (a) the applicant has produced to the club— (i) a firearms licence held by the applicant; or (ii) a notice issued by the Registrar under regulation 28 to the applicant within the preceding 60 days; or (iii) a notice issued by the Registrar within the preceding 60 days, stating that the Registrar is satisfied that the applicant is a fit and proper person to be granted membership of a shooting club; and (b) if the applicant holds a licence authorising the applicant to possess a category H firearm for use as a member of a shooting club or the applicant intends to use a category H firearm in the course of the applicant's membership of the club—the applicant has, in addition, produced to the club— (i) 2 references each of which appears to have been signed by a person within the preceding 60 days and to state that the person has known the applicant for at least the preceding 2 years and that the applicant is a person of good character and a suitable person to be a member of a firearms club; and (ii) a criminal history report (such as a National Police Certificate) relating to the person provided by South Australia Police or the ACC or an ACC accredited agency or broker within the preceding 12 months. (2) A recognised firearms club that is a collectors' club must not grant an application for membership of the club unless the applicant has produced to the club— (a) a firearms licence held by the applicant; or (b) a notice issued by the Registrar under regulation 28 to the applicant within the preceding 60 days; or (c) a notice issued by the Registrar within the preceding 60 days, stating that the Registrar is satisfied that the applicant is a fit and proper person to be granted membership of a collectors' club. (3) In this regulation— ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth. 75—Records to be kept by clubs (1) A recognised firearms club must make records, in the manner and form approved by the Registrar, of— (a) in respect of each person granted membership of the club, the actions taken in compliance with regulation 74; and (b) participation by members of the club, or visitors to the club, in activities of the club that involve the shooting of firearms; and (c) attendance by members of the club at meetings of the club including those of the kind referred to in paragraph (b) (if any). (2) Records referred to in subregulation (1)— (a) may be made and kept in electronic form; and (b) must be kept by the club for at least 3 years; and (c) must be produced for inspection (including by electronic means) when requested by the Registrar. 76—Registrar to be notified of change in membership Within 28 days after a person ceases to be a member of a recognised firearms club, the club must give the Registrar written notice of the member's name and last known address and the date on which the membership terminated and, in the case of expulsion, the reason or reasons for the expulsion. Division 2—Commercial range operators 77—Recognition of commercial range operators (1) The Registrar may, on application, declare a person to be a recognised commercial range operator by notice in the Gazette. (2) An application under this regulation— (i) a description of the proposed activities of the operator; and (ii) a plan of the range proposed to be used by the operator and a map showing the location of the range; and (iii) a list of the names and addresses of the persons who are authorised to supervise the activities of persons on the range; and (iv) evidence that the operator has permission of the owner of the land on which the range is situated for the operator's use of the range; and (v) evidence of the operator's intention to install firearm tethering devices or other protective safety devices that satisfy the requirements of the Registrar for the safe use of firearms at the range; and (vi) evidence of compliance with the requirements of any other Act relating to the use of land as the range of a commercial range operator; and (vii) in the case of an application by a company— (A) a copy of the constitution of the applicant; and (B) a list of the names and addresses of the directors and shareholders of the applicant; and (viii) such other information as the Registrar requires; and (ix) the prescribed application fee. (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (4) The Registrar may only refuse an application under this regulation if the Registrar is not satisfied that the person— (a) has made the application in accordance with this regulation and met the requirements of the Registrar in connection with the application; or (b) would conduct the person's activities as a commercial range operator in a safe and responsible manner. (5) The Registrar must, if the Registrar refuses an application under this regulation, provide the applicant with a written statement setting out the reasons for the refusal. (6) The Registrar may, if at any time the Registrar is satisfied that a recognised commercial range operator has failed to comply with the Act or these regulations, or no longer conducts the operator's activities in a safe and responsible manner, by notice in the Gazette, revoke the recognition of the operator. (7) Before revoking the recognition of a commercial range operator, the Registrar must— (a) give the operator at least 2 months written notice of the proposed action setting out the Registrar's reasons for the proposed action; and (b) give the operator a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed action. 78—Approval of ranges of recognised commercial range operators (1) If any activity involving the use of a firearm takes place at the range of a recognised commercial range operator and the range is not approved under this regulation in relation to that activity, recognition of the operator under this Division is by force of this regulation revoked. (2) An application for approval of the range for use in connection with the activities of a recognised commercial range operator may be made to the Registrar by the operator and must— (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (a) the activities of the recognised commercial range operator involving the use of a firearm may be conducted safely at the range; and (b) the range of the recognised commercial range operator is suitable for the purpose of the activities of the operator, the Registrar may approve the range for use in connection with those activities. (5) If the Registrar refuses an application for approval, the Registrar must provide the applicant with a written statement setting out the reasons for the refusal. (a) no activity involving the possession or use of a firearm may take place at the range of the recognised commercial range operator unless the activity is approved by the Registrar; (b) firearm tethering devices and other protective safety devices, as specified and approved by the Registrar, must be installed at the range; (c) the range of the recognised commercial range operator, as approved by the Registrar, must not be subject to significant alteration without the further approval of the Registrar; (d) the recognised commercial range operator must ensure that a person who does not hold a firearms licence is not permitted to use a firearm at the approved range of the operator unless— (i) — (A) the firearm being used by the person is fixed to a firearm tethering device approved by the Registrar, in a manner that complies with the requirements of the Registrar; and (B) any other protective safety devices, as specified and approved by the Registrar are operating, or being used, in accordance with the requirements of the Registrar; or (ii) the person is undertaking a course in the safe handling, carriage and use of firearms nominated by the Registrar, and the person is using the firearm for that purpose, under the immediate supervision of a person authorised by the Registrar to conduct such a course; (e) the recognised commercial range operator must ensure that the use of firearms at the approved range of the operator is under the continuous supervision of the operator or a person who holds a category 8 (commercial range) licence, who is engaged in the business of the operator as an employee of the operator; (f) the Registrar, a police officer or some other person authorised by the Registrar may, at any reasonable time, enter the range of a recognised commercial range operator to do 1 or more of the following: (i) inspect the range; (ii) inspect any firearms on the range; (iii) inspect any records required to be kept under the Act or a condition of an approval of the range; (g) if the safety of persons is adversely affected or threatened by an incident involving the use of a firearm that occurs at the range of the recognised commercial range operator, the operator must— (ii) provide a written report to the Registrar within 7 days of the occurrence that contains such information in relation to the matter that the Registrar requires. (7) In addition to the conditions set out in subregulation (6), an approval under this regulation is subject to any conditions imposed by the Registrar (which may include a condition limiting the periods during which the range may be used by the operator). (8) The Registrar may impose conditions under subregulation (7) on the approval of the range or subsequently. (9) The Registrar may, on the Registrar's own initiative or on application by a recognised commercial range operator, vary or revoke conditions of an approval. (10) If at any time the Registrar is satisfied that a range approved under this regulation would not be approved if application for approval were made at that time or that a condition of the approval has been contravened, the Registrar may, by written notice to the operator, revoke the approval. (11) Before revoking an approval or varying conditions of an approval on the Registrar's own initiative, the Registrar must— (a) give the operator at least 2 months written notice of the proposed revocation or variation setting out the Registrar's reasons for the proposed revocation or variation; and (b) give the operator a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed revocation or variation. (12) The Registrar, a police officer or some other person authorised by the Registrar may, for the purposes of determining an application for approval under this regulation, enter and inspect the proposed range of a commercial range operator at any reasonable time. 79—Breach of conditions of approval of range of recognised commercial range operator If a recognised commercial range operator fails to comply with a condition of the approval of the range of the operator, the operator is guilty of an offence. 80—Certificate of recognition of commercial range operator (1) If the Registrar has declared a person to be a recognised commercial range operator, the Registrar must provide the operator with a certificate setting out— (b) the location of the operator's range; and (c) the proposed activities of the operator. (2) The operator must display the certificate, or a copy of the certificate, in a prominent position at the range used by the operator. 81—Registrar to be notified of certain changes (1) A recognised commercial range operator must, within 28 days after a variation in or addition to the activities of the operator has been approved by the Registrar, provide the Registrar with a description of the variation in or addition to the activities of the operator. (2) A recognised commercial range operator that is a company must, within 28 days after— (a) a variation to the constitution of the operator comes into force; or (b) a change in the directors or shareholders of the operator has occurred, provide the Registrar with (as the case requires)— (c) the text of the variation to the constitution; or (d) the names of the persons who have ceased to be directors or shareholders of the operator and the names and addresses of persons who have become directors or shareholders of the operator. (3) A recognised commercial range operator must, from time to time, at the request of the Registrar, provide the Registrar with such information in relation to the affairs and activities of the operator as the Registrar requires. 82—Employees engaged in business of recognised commercial range operator If a person is engaged in the business of a recognised commercial range operator as an employee of the operator and is supervising the use of firearms on the approved range of the operator, the employee must not permit a person who does not hold a firearms licence to use a firearm at the range unless— (i) the firearm being used by the person is fixed to a firearm tethering device installed by the operator; and (ii) any other protective safety devices installed by the operator are operating, or being used, as required by the operator; or (b) the employee is satisfied on reasonable grounds that the person— (i) is undertaking a course in the safe handling, carriage and use of firearms; and (ii) is using the firearm for that purpose under the immediate supervision of a person authorised by the Registrar to conduct such a course. Division 3—Paint‑ball operators 83—Recognition of paint‑ball operators (1) The Registrar may, on application, declare a person to be a recognised paint‑ball operator by notice in the Gazette. (2) An application under this regulation— (i) a description of the proposed activities of the operator; and (ii) a plan of the grounds proposed to be used by the operator and a map showing the location of the grounds; and (iii) a list of the names and addresses of the persons who are authorised to supervise the activities of persons on those grounds; and (iv) evidence that the operator has permission of the owner of the land on which the grounds are situated for the operator's use of the grounds; and (v) evidence of compliance with the requirements of any other Act relating to use of land as grounds of a paint‑ball operator; and (vi) in the case of an application by a company— (A) a copy of the constitution of the applicant; and (B) a list of the names and addresses of the directors and shareholders of the applicant; and (vii) such other information as the Registrar requires; and (viii) the prescribed application fee. (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (4) The Registrar may only refuse an application under this regulation if the Registrar is not satisfied that the person— (a) has made the application in accordance with this regulation and met the requirements of the Registrar in connection with the application; or (b) would conduct the person's activities as a paint‑ball operator in a safe and responsible manner. (5) The Registrar must, if the Registrar refuses an application under this regulation, provide the applicant with a written statement setting out the reasons for the refusal. (6) The Registrar may, if at any time the Registrar is satisfied that a recognised paint‑ball operator has failed to comply with the Act or these regulations, or no longer conducts the operator's activities in a safe and responsible manner, by notice in the Gazette, revoke the recognition of the operator. (7) Before revoking the recognition of a paint‑ball operator, the Registrar must— (a) give the operator at least 2 months written notice of the proposed action setting out the Registrar's reasons for the proposed action; and (b) give the operator a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed action. 84—Approval of grounds of recognised paint‑ball operators (1) If any activity involving the use of a firearm takes place on grounds of a recognised paint‑ball operator and the grounds are not approved under this regulation in relation to that activity, recognition of the operator under this Division is by force of this regulation revoked. (2) An application for approval of grounds for use in connection with the activities of a recognised paint‑ball operator may be made to the Registrar by the operator and must— (3) The Registrar may require an applicant to provide any further information the Registrar requires to determine the application. (a) the activities of the recognised paint‑ball operator involving the use of a firearm may be conducted safely at the grounds of the operator; and (b) the grounds of the recognised paint‑ball operator are suitable for the purpose of the activities of the operator, the Registrar may approve the grounds for use in connection with those activities. (5) If the Registrar refuses an application for approval, the Registrar must provide the applicant with a written statement setting out the reasons for the refusal. (a) no activity involving the possession or use of a firearm may take place at the grounds of the recognised paint‑ball operator unless the activity is approved by the Registrar; (b) the grounds of the recognised paint‑ball operator, as approved by the Registrar, must not be subject to significant alteration without the further approval of the Registrar; (c) the recognised paint‑ball operator must ensure that the use of firearms at the approved grounds of the operator is under the supervision of the operator or an accredited paint‑ball employee engaged as an employee in the business of the operator; (d) the Registrar, a police officer or some other person authorised by the Registrar may, at any reasonable time, enter the grounds of a recognised paint‑ball operator to do 1 or more of the following: (i) inspect the grounds; (ii) inspect any firearms on the grounds; (iii) inspect any records required to be kept under the Act or condition of an approval of the grounds; (e) if the safety of persons is adversely affected or threatened by an incident involving the use of a firearm that occurs on the grounds of the recognised paint‑ball operator, or in the course of the conduct of paint‑ball operations on those grounds, the operator must— (ii) provide a written report to the Registrar within 7 days of the occurrence that contains such information in relation to the matter that the Registrar requires. (7) In addition to the conditions set out in subregulation (6), an approval under this regulation is subject to any conditions imposed by the Registrar (which may include a condition limiting the periods during which the grounds may be used by the operator). (8) The Registrar may impose conditions under subregulation (7) on the approval of the grounds or subsequently. (9) The Registrar may, on the Registrar's own initiative or on application by a recognised paint‑ball operator, vary or revoke conditions of an approval. (10) If at any time the Registrar is satisfied that grounds approved under this regulation would not be approved if application for approval were made at that time or that a condition of the approval has been contravened, the Registrar may, by written notice to the operator, revoke the approval. (11) Before revoking an approval or varying conditions of an approval on the Registrar's own initiative, the Registrar must— (a) give the operator at least 2 months written notice of the proposed revocation or variation setting out the Registrar's reasons for the proposed revocation or variation; and (b) give the operator a reasonable opportunity to make written or oral submissions to the Registrar in relation to the proposed revocation or variation. (12) The Registrar, a police officer or some other person authorised by the Registrar may, for the purposes of determining an application for approval under this regulation, enter and inspect the proposed grounds of the paint‑ball operator at any reasonable time. 85—Breach of conditions of approval of grounds of recognised paint‑ball operator If a recognised paint‑ball operator fails to comply with a condition of the approval of the grounds of the operator, the operator is guilty of an offence. 86—Certificate of recognition of recognised paint‑ball operator (1) If the Registrar has declared a person to be a recognised paint‑ball operator, the Registrar must provide the operator with a certificate setting out— (b) the location of the operator's grounds; and (c) the proposed activities of the operator. (2) The operator must display the certificate, or a copy of the certificate, in a prominent position at the grounds used by the operator. 87—Registrar to be notified of certain changes (1) A recognised paint‑ball operator must, within 28 days after a variation in or addition to the activities of the operator has been approved by the Registrar, provide the Registrar with a description of the variation in or addition to the activities of the operator. (2) A recognised paint‑ball operator that is a company must, within 28 days after— (a) a variation to the constitution of the operator comes into force; or (b) a change in the directors or shareholders of the operator has occurred, provide the Registrar with the following (as the case requires): (c) the text of the variation to the constitution; (d) the names of the persons who have ceased to be directors or shareholders of the operator and the names and addresses of persons who have become directors or shareholders of the operator. (3) A recognised paint‑ball operator must, from time to time, at the request of the Registrar, provide the Registrar with such information in relation to the affairs and activities of the operator as the Registrar requires. 88—Accreditation of paint‑ball employees (1) This regulation applies in relation to both the initial grant of accreditation and the renewal of accreditation of a person as an accredited paint‑ball employee. (2) The Registrar may, on the application of a person in a manner approved by the Registrar, grant the person accreditation as an accredited paint‑ball employee if the Registrar is satisfied— (a) as to the identity and the residential address of the person; and (b) that the person is a fit and proper person to be an accredited paint‑ball employee; and (c) that the person has satisfactorily completed a course of training (and in the case of an application for renewal of accreditation, any further training) in the safe handling, management and use of paint‑ball firearms nominated by the Registrar. (3) The Registrar may require the applicant to provide— (a) written verification of the completion of specified training; and (b) any other documents or information the Registrar requires to determine the application. (4) The accreditation of a person as an accredited paint‑ball employee may be granted for such term (not exceeding 5 years) as specified by the Registrar, and subject to such conditions as the Registrar thinks fit. (5) If the Registrar grants a person accreditation as an accredited paint‑ball employee, the Registrar must provide the person with a certificate of accreditation in the form approved by the Registrar. (6) The Registrar may cancel the accreditation of a person as an accredited paint‑ball employee if the Registrar is no longer satisfied that the person is a fit and proper person to be so accredited. (7) If the Registrar cancels the accreditation of a person as an accredited paint‑ball employee, the person must immediately return the person's certificate of accreditation to the Registrar. Maximum penalty: $750. 89—Training of accredited paint‑ball employees (1) A recognised paint-ball operator, or such other person authorised by the Registrar, may conduct a course in the safe handling, management and use of paint‑ball firearms nominated by the Registrar for the purposes of the accreditation of persons as accredited paint-ball employees under regulation 88. (2) A person who conducts a course under this regulation must— (a) compile, in a form approved by the Registrar, and keep for at least 3 years, a record of the names and addresses of all persons who attend the course; and (b) produce those records to the Registrar, as and when required by the Registrar. Maximum penalty: $2 500. (3) A person who conducts a course under this regulation must provide the Registrar with information relating to courses conducted by the person as and when required by the Registrar. 90—Employment of persons by recognised paint‑ball operators (1) A recognised paint‑ball operator must not, on or after the first anniversary of the commencement of this regulation, employ a person who is not an accredited paint‑ball employee for the purposes of the business of the operator if the person will, in the course of the person's employment, possess or use a paint‑ball firearm or supervise paint‑ball operations on the grounds of the operator. (2) In this section— employ a person includes engage the person as an agent.

Part 10—Reviews by Tribunal 91—Reviewable decision For the purposes of section 47(1)(h) of the Act, the following decisions of the Registrar are reviewable: (a) a decision to refuse to recognise a firearms club, commercial range operator or paint‑ball operator or to revoke such recognition; (b) a decision to refuse to approve the grounds or range of a recognised firearms club, recognised commercial range operator or recognised paint‑ball operator or to revoke such approval; (c) a decision to impose conditions on an approval of the grounds or range of a recognised firearms club, recognised commercial range operator or recognised paint‑ball operator or to revoke or vary such conditions.

Part 11—Mandatory reporting and other obligations 92—Report of unsafe situations in relation to place where firearm kept (1) If a person who resides at, or has access to, premises where a firearm is kept has reasonable cause to suspect that another person who resides at, or has access to, those premises is suffering from a physical or mental illness, condition or disorder, or that other circumstances exist in relation to that other person, such that there is a threat to the safety of the first mentioned person, or the safety of another associated with the continued keeping of the firearm at those premises, the first mentioned person must, as soon as practicable after the suspicion is formed, make a report to the Registrar including— (a) the name and address of the person the subject of the suspicion; and (b) the location of the premises in which the firearm is kept (if different from the address referred to in paragraph (a)); and (c) the suspected threat to safety and the circumstances giving rise to the threat (including the nature of any physical or mental illness, condition or disorder contributing to the threat). (2) A person incurs no civil or criminal liability in making a report in good faith in compliance, or purported compliance, with this regulation. 93—Report of failure to secure firearms, ammunition, sound moderators and restricted firearm mechanisms (1) If a person becomes aware that another person who has possession of a firearm or ammunition, or a sound moderator or restricted firearm mechanism, has failed to secure the firearm, ammunition, sound moderator or restricted firearm mechanism in accordance with the requirements of the Act or these regulations, the person must, as soon as is reasonably practicable, make a report to the Registrar including— (a) the name and address of the other person; and (b) the location of the premises at which the firearm, ammunition, sound moderator or restricted firearm mechanism is located (if different from the address referred to in paragraph (a)); and (c) the circumstances giving rise to the report. (2) A person incurs no civil or criminal liability in making a report in good faith in compliance, or purported compliance, with this regulation. 94—Clubs and commercial range and paint‑ball operators to report unsafe situations associated with firearms (1) If the controlling body of a recognised firearms club has reasonable cause to suspect in relation to a member of the club that the member is suffering from a physical or mental illness, condition or disorder, or that other circumstances exist, such that there is a threat to the member's own safety or the safety of another associated with the member's possession or use of a firearm, the club must, as soon as practicable after the suspicion is formed, make a report to the Registrar including— (a) the name and address of the person the subject of the suspicion; and (b) the suspected threat to safety and circumstances giving rise to the threat (including the nature of any physical or mental illness, condition or disorder contributing to the threat). (2) If a member of a recognised firearms club or a person employed or engaged at the grounds of a recognised firearms club has reasonable cause to suspect that a person who has gained or attempted to gain access to the grounds of the club is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth, the member or person must, as soon as practicable after the suspicion is formed, report the matter to a police officer. (3) If a commercial range operator or a person employed or engaged at the range of a commercial range operator has reasonable cause to suspect that a person who has gained or attempted to gain access to the range of the operator is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth, the operator or person must, as soon as practicable after the suspicion is formed, report the matter to a police officer. (4) If a paint‑ball operator or an accredited paint‑ball employee or other person employed or engaged at the grounds of a paint‑ball operator has reasonable cause to suspect that a person who has gained or attempted to gain access to the grounds of the operator is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth, the operator, accredited paint‑ball employee or other person must, as soon as practicable after the suspicion is formed, report the matter to a police officer. (5) A person incurs no civil or criminal liability in making a report in good faith in compliance, or purported compliance, with this regulation. 95—Clubs to expel certain persons from membership (1) If the controlling body of a recognised firearms club has reasonable cause to believe that— (a) the actions or behaviour of a member of the club has been such that there is a threat to the member's own safety or the safety of others associated with the member's possession or use of a firearm; or (b) a member of the club is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth, the controlling body must expel the person from membership of the club. (2) Subregulation (1)(b) does not apply— (a) to an interim firearms prohibition order; or (b) to any other order until the period allowed for an appeal against the order has expired or, if an appeal has been instituted, until the appeal lapses or is finally determined. (3) A person incurs no civil or criminal liability as a result of action taken in good faith in compliance, or purported compliance, with this regulation. 96—Medical practitioners, employers etc to report unsafe situations associated with firearms (1) If a designated person has reasonable cause to suspect in relation to a person whom the designated person has seen in the designated person's professional capacity— (a) that the person is suffering from a physical or mental illness, condition or disorder, or that other circumstances exist, such that there is a threat to the person's own safety or the safety of another associated with the person's possession or use of a firearm; and (b) that the person has, or might be intending to acquire, a firearm, the designated person must make a report to the Registrar under this regulation. (2) If an employer has reasonable cause to suspect in relation to an employee whose work with the employer involves the possession or use of a firearm that the employee is suffering from a physical or mental illness, condition or disorder, or that other circumstances exist, such that there is a threat to the employee's own safety or the safety of another associated with the employee's possession or use of a firearm, the employer must make a report to the Registrar under this regulation. (3) A report under this regulation— (a) must be made as soon as practicable after the suspicion is formed; and (b) must include— (i) the name and address of the person the subject of the suspicion; and (ii) the suspected threat to safety and circumstances giving rise to the threat (including the nature of any physical or mental illness, condition or disorder contributing to the threat). (4) A person incurs no civil or criminal liability in making a report in good faith in compliance, or purported compliance, with this regulation. (5) In subregulation (1)— designated person means— (a) a medical practitioner; or (b) a nurse; or (c) a psychologist; or (d) a professional counsellor; or (e) a social worker. 97—Obligations of medical practitioners in relation to wounds inflicted by firearms (1) If a medical practitioner or nurse has reasonable cause to suspect in relation to a person whom the medical practitioner or nurse has seen in a professional capacity, that the person is suffering from a wound inflicted by a firearm, the medical practitioner or nurse must make a report to the Registrar under this regulation. (2) A report under this regulation— (a) must be made as soon as practicable after the suspicion is formed; and (b) must include— (i) the name and address of the person the subject of the suspicion or, if the name and address are not known, a description of the person; and (ii) details of the wound including whether any ammunition or fragment of ammunition has been, or may be recovered from the wound; and (iii) any information provided to the practitioner or nurse about the circumstances leading to the infliction of the wound. (3) A medical practitioner or nurse who treats a person for a wound that the practitioner or nurse has reasonable cause to suspect was inflicted by a firearm must take reasonable steps to retain any ammunition or fragment of ammunition recovered from the wound until it can be collected by a police officer. (4) A person incurs no civil or criminal liability in making a report in good faith in compliance, or purported compliance, with this regulation.

Part 12—Miscellaneous 98—Possession of certain firearms and ammunition at arms fairs (1) This regulation applies to a person other than the holder of a category 11 (dealer) licence or a foreign firearms dealer permit. (2) A person to whom this regulation applies must not— (a) have possession of a firearm at an arms fair, other than a category A, B or H firearm; or (b) have possession of a firearm part at an arms fair, other than a firearm part for a category A, B or H firearm. (3) A person to whom this regulation applies must not display 2 or more identical firearms or firearm parts or more than 50 rounds of identical ammunition at an arms fair. 99—Register of firearms prohibition orders A register of firearms prohibition orders maintained for the purposes of section 50 of the Act must contain the following information in relation to each order: (a) the full name of the person to whom the order applies; (b) the date on which the order was issued; (c) the details of any exemption from a provision of section 45 of the Act (including any conditions that apply to the exemption) granted by the Registrar under section 45(17) of the Act. 100—Prescribed health professional For the purposes of paragraph (c) of the definition of health professional in section 53(2) of the Act, a nurse is a person of a prescribed class. 101—Advertising firearms for sale (1) A person (other than a licensed dealer) who advertises a firearm for sale must include in the advertisement— (a) the number or characters constituting the identifying mark of the firearm; and (b) a statement that delivery of the firearm to a purchaser in South Australia must take place in the presence of, and be witnessed by, a police officer, a licensed dealer or a licensed employee of a licensed dealer, a responsible officer of a recognised firearms club authorised by the Registrar or an authorised Public Service employee in accordance with regulation 51 of the Firearms Regulations 2017. (2) It is a defence to a charge of an offence against subregulation (1)(b) to prove— (a) in the case of an advertisement that is published (including by electronic means)—that the statement was included by the publisher so as to appear alongside or near the advertisement for the sale of the firearm (whether or not the statement also appeared alongside or near 1 or more other advertisements for the sale of firearms); and (b) in the case of an advertisement placed on a noticeboard—that the statement was placed in a prominent position on the noticeboard alongside or near the advertisement for the sale of the firearm (whether or not the statement also appeared alongside or near 1 or more other advertisements for the sale of firearms). 102—Disposal of forfeited or surrendered firearms etc (1) For the purposes of sections 59(8), 62(6) and (10) and 65(4) and (5)(d) of the Act, before paying the proceeds of sale or disposal of a forfeited or surrendered item into the Consolidated Account, the Registrar may deduct expenses incurred in connection with the sale, disposal or storage of the forfeited or surrendered item and other expenses incurred in relation to the item. (2) For the purposes of section 62(9)(a) of the Act, the Registrar will be taken to have made a reasonable attempt to notify the person by giving or serving notice on the person by a method set out in section 77 of the Act. (2a) For the purposes of section 62(9)(b) of the Act, the period allowed is 1 month from when the owner is notified, or a reasonable attempt is made to notify the owner in accordance with section 62(9)(a) of the Act, that the surrendered item is available for collection. (3) Before paying the proceeds of a sale or disposal of a surrendered item to a person under section 65(5)(b)(i)(B) of the Act, the Registrar may deduct expenses incurred in connection with the sale, disposal or storage of the surrendered item and other expenses incurred in relation to the item. (4) For the purposes of section 65(5)(d) of the Act, the period for which a surrendered item must be made available for collection is 1 month. 103—Return or disposal of seized item (1) If a seized item may no longer be held in accordance with section 63(3) of the Act, and the Registrar is satisfied that the person from whom the item was seized, or some other person, is entitled to lawful possession of the item, the Registrar may authorise the collection of the item by that person. (2) If— (a) the Registrar— (i) has authorised collection of the seized item; and (ii) has made a reasonable attempt to notify the person that the item is available for collection by means of a method set out in section 77 of the Act; and (b) the item is not collected within 1 month of the notice or such other longer period as may be agreed by the Registrar, then the seized item is forfeited to the Registrar by force of this regulation. (3) An item forfeited under subregulation (2) may be sold or otherwise disposed of by the Registrar, and any proceeds of sale or disposal (following the deduction of expenses incurred in connection with the sale, disposal or storage of the item) must be paid into the Consolidated Account. 103A—Notification of loss, theft or destruction of firearm (1) If a firearm in the possession of a person is lost, stolen or destroyed, the person must— (a) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and of the theft, loss or destruction. (2) Subregulation (1) does not apply to a person who is required to— (a) report the loss, theft or destruction of a firearm under regulation 61(1); or (b) report the loss, theft or destruction of a firearm under the conditions of a firearms licence held by the person; or (c) report the loss or theft of a firearm under the conditions of a permit held by the person. 104—Records and returns (1) If a person is, under a condition of a licence, permit, approval or other authority, required to keep records for a specified period of time or to provide records or returns to the Registrar at specified times, the person must comply with that requirement despite the fact that the licence, permit, approval or other authority is suspended, cancelled, revoked or has otherwise lapsed. (2) Records that a person is required to compile and keep under the Act, these regulations (including subregulation (1)) or the conditions of a licence, permit, approval or other authority, must (if not otherwise so required) be produced on demand to the Registrar or a police officer. (3) All alterations made to records compiled and kept under the Act, these regulations or the conditions of a licence, permit, approval or other authority must be made so that the entry that is altered remains clearly legible. 105—Form of applications An application to the Registrar under the Act or these regulations must, unless otherwise provided, be in a form approved by the Registrar. 105A—Fees The Registrar may refund, reduce or waive (in a particular case or class of cases) a fee prescribed for the purposes of the Act or these regulations. 106—Transitional provision A person who is an employee of a licensed dealer immediately before the commencement of this regulation will not be taken to be a disqualified person for the purposes of section 11(1) of the Act by reason of having been found guilty of— (a) an offence referred to in section 11(7)(c)(i) of the Act; or (b) an offence referred to in section 11(7)(c)(ii) of the Act, being an offence under the repealed Act; or (c) an offence prescribed in Schedule 2 Part 3 of these regulations for the purposes of section 11(7)(c)(iii) of the Act, committed by the person before the commencement of this regulation.

Schedule 1—Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items The penalty for each category of offence is set out in Part 6 of the Act. 1—Short title This code may be cited as the Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items. 2—Interpretation (1) In this code of practice, unless the contrary intention appears— building does not include an outbuilding; cctv system means a closed circuit television system or digital equivalent that is maintained and in good working order; container means a container that is strong and structurally sound, made of timber, metal, fibreglass or injection moulded hard thermoplastic and is fitted with a substantial locking mechanism and strong hinges; display level 1—a firearm or firearm part or ammunition is secured in accordance with the requirements of display level 1 if it is— (a) secured in a locked display cabinet fitted with glass or other material that is of sufficient strength so as to be reasonably expected to prevent unlawful entry; or (b) in the case of a firearm or firearm part or ammunition that is of a design or type to which the following requirements are capable of applying—secured to a solid wooden or metal bench, or a solid and structurally strong plastic table, by means of a steel cable— (i) that is not less than 4 millimetres in diameter; and (ii) that passes through the trigger guard (if present) or some other part of the firearm, firearm part or ammunition; and (iii) that is fixed to the bench or table with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm, firearm part or ammunition; display level 2—a firearm is secured in accordance with the requirements of display level 2 if— (a) the firearm is secured to a strong metal rack by means of— (i) a steel cable not less than 4 millimetres in diameter that passes through the trigger guard or some other part of the firearm and is locked with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm from the rack; or (ii) a solid steel rod or bar not less than 10 millimetres in diameter that is fitted in such a manner, and locked with a locking mechanism of sufficient strength, so as to be reasonably expected to prevent unlawful removal of the firearm from the rack; and (b) the rack to which the firearm is secured is attached to the premises in which the firearm is kept by securing it to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises; display level 3—a firearm is secured in accordance with the requirements of display level 3 if— (a) the firearm is secured in a locked display cabinet that is of solid construction made of metal and laminated glass that is of a thickness of not less than 7.5 millimetres; and (b) the display cabinet referred to in paragraph (a) is attached to the premises in which the firearm is kept by securing it to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises; and (c) either— (i) the trigger of the firearm within the display cabinet is immobilised by means of a trigger lock or other immobilisation device; or (ii) the firearm is secured to the display cabinet by means of a steel cable of not less than 4 millimetres in diameter that passes through the trigger guard or other part of the firearm and is locked with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm; or (iii) the firing pin of the firearm is removed and the firing pin is not secured in the display cabinet with the firearm; intruder alarm system means an intruder alarm system that is maintained and in good working order and complies with the following requirements: (a) the alarm system must be connected to the mains power of the premises in which it is installed and contain a battery backup in case of power failure; (b) the alarm system must incorporate a sensor system to detect the breaking of external glass windows or to detect movement by way of a microwave, passive infrared, ultrasonic or other similar detection system; (c) each sensor of a sensor system referred to in paragraph (b) must have an anti-tamper circuit that operates continuously whether the alarm is activated or not; (d) the controls for the alarm system must, so far as is reasonably practicable, be located out of sight and protected against access by an unauthorised person; key includes a key or key card, combination or key code, electronic access code or other means of unlocking or disabling a lock or other security mechanism; level 1 safe means a safe that complies with the following requirements: (a) the body and door of the safe must be made of structural grade mild steel that is of a thickness of not less than 2 millimetres; (b) the door of the safe must be— (i) recessed or flush fitted and sized to prevent leverage points; and (ii) fitted with— (A) a 3 point locking mechanism activated by an internal key or electronic lock, or a pin combination lock or pick resistant deadlock or biometric fingerprint scanner; or (B) an external lock— • the body of which is not less than 40 millimetres wide and has a hardened steel shackle; and • that is fitted with a cover so as to prevent the lock from being cut, removed, breached or otherwise tampered with; level 2 safe means a safe that complies with the following requirements: (a) the body and door of the safe must be made of structural grade mild steel that is of a thickness of not less than 3 millimetres; (b) the door of the safe must be— (i) recessed or flush fitted and sized to prevent leverage points; and (ii) fitted with— (A) a 3 point locking mechanism activated by an internal key or electronic lock, or a pin combination lock, pick resistant deadlock or biometric fingerprint scanner; or (B) an external lock— • the body of which is not less than 40 millimetres wide and has a hardened steel shackle; and • that is fitted with a cover so as to prevent the lock from being cut, removed, breached or otherwise tampered with; outbuilding means a building subordinate to the main building on premises (including a garage or shed)— (a) that is affixed to land (whether or not it is detached from the main building of the premises on which it is located); and (b) that is fully enclosed, strong and in a structurally sound condition; and (c) the door or point of entry of which is capable of being securely locked, (but does not include a fully enclosed garage that is under the main roof of a residence or place of business); prescribed safe means a safe (other than a level 1 safe or a level 2 safe) that has a body and door made of steel of a thickness of not less than 1.6 millimetres; storage level 1—a firearm is secured in accordance with the requirements of storage level 1 if— (a) it is locked in a level 2 safe located in a building or outbuilding on the premises in which it is kept; and (b) unless the safe weighs at least 150 kilograms when empty, the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding in which it is located with at least 2 solid anchor bolts; and (c) the premises on which the safe is located are installed with either— (i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry to the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm; or (ii) an intruder alarm system that is activated and operating at any time the premises are unoccupied in order to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm, by means of either or both of the following: storage level 2—a firearm is secured in accordance with the requirements of storage level 2 if— (a) it is locked in a level 2 safe located in a building or outbuilding on the premises in which it is kept; and (b) unless the safe weighs at least 150 kilograms when empty, the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding in which it is located with at least 2 solid anchor bolts; and (c) the premises on which the safe is located are installed with both— (i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry of the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm; and (ii) an intruder alarm system that is activated and operating at any time the premises are unoccupied in order to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm, by means of either or both of the following: storage level 3—a firearm is secured in accordance with the requirements of storage level 3 if— (a) it is locked in a strongroom located in a building or outbuilding; and (b) the premises on which the strongroom is located are installed with both— (i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry of the premises, building, outbuilding or strongroom in which a firearm is kept, or any unauthorised interference with a firearm; and (ii) an intruder alarm system that is activated and operating at any time the premises are unoccupied in order to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises, building, outbuilding or strongroom in which a firearm is kept, or any unauthorised interference with a firearm, by means of either or both of the following: strongroom means a strongroom that complies with the following requirements: (a) the strongroom must not have any windows or skylights; (b) the floor, ceilings and walls of the strongroom must be made of— (i) reinforced concrete; or (ii) double brick; or (iii) reinforced besser blocks, of a thickness of not less than 140 millimetres; (c) any door to the strongroom must be made of— (i) solid sheet structural grade mild steel of a thickness of not less than 10 millimetres; or (ii) solid sheet cut resistant steel of a thickness of not less than 3 millimetres that— (A) has a chemical composition that includes at least 12% manganese; and (B) is encased within, or reinforced by, solid sheet timber of a thickness of not less than 40 millimetres; (d) any door to the strongroom must be fitted with— (i) internal hinges that are concealed or have the hinge pins welded; and (ii) — (A) a 3 point locking mechanism; or (B) 4 shoot bolts that are located on the inside of the strongroom at the top and bottom of the door, that is, or are, activated by an internal key or electric lock, or a pin combination lock, pick resistant deadlock or biometric fingerprint scanner; under the main roof, of a residence or place of business, means within the enclosed internal structures of the building constituting the residence or place of business. (2) For the purposes of this code of practice, a firearm will be taken to be loaded if a round is in the breech, barrel or chamber of the firearm or in a magazine comprising part of or attached to the firearm. 3—Application (1) Except for the provisions of clauses 5, 25 and 26(4), this code of practice does not apply to a deactivated firearm. (2) Unless the contrary intention appears, this code of practice applies to the possession of a firearm by a person whether the person is in possession of the firearm under a firearms licence or not. 4—Security requirements of code are minimum requirements (1) A reference in a provision of this code of practice to a particular level of display, safe or storage is to be taken be a reference to the minimum security requirements in respect of the item to which the reference relates, that must be satisfied in order to comply with the relevant provision of the code whereby, the use of the number 1 indicates the lowest level of security requirements that must be satisfied, the use of the number 2 indicates the next level of security requirements, and the use of the number 3 (where applicable) indicates the highest level of security requirements that must be satisfied. (2) Furthermore, a reference in a provision of this code of practice to— (a) a requirement to use a prescribed safe, level 1 safe or level 2 safe to secure a specified item, is to be taken to be a lower level of security than a requirement to comply with storage level 1, storage level 2 or storage level 3; and (b) a requirement to use a prescribed safe to secure a specified item, is to be taken to be a requirement for a lower level of security than the use of a level 1 safe or a level 2 safe; and (c) a requirement to use a strongroom to secure a specified item, is to be taken to be a requirement for a higher level of security than the use of a prescribed safe, level 1 safe or a level 2 safe or compliance with storage level 1 or storage level 2. (3) Nothing in this code of practice is to be taken to prevent a person from complying with a higher level of security with respect to a particular item than the requirements specified by a particular provision.