Div 2Special provisions relating to licence categories

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.