Div 1Exemptions

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.