Firearms Regulations 2017
Part 1Prescribed offences—fit and proper person (section 7(3)(d) of Act)
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Part 1—Prescribed offences—fit and proper person (section 7(3)(d) of Act) 1—Prescribed offences—fit and proper person For the purposes of section 7(3)(d) of the Act, the following offences are prescribed: (i) an indictable offence against section 32 as in force immediately before the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (ii) an offence against section 32 (Trafficking) as in force following the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (vii) an offence against section 33D (Sale of equipment); (viii) an offence against section 33DA (Sale of instructions); (ix) an offence against section 33F (Sale, supply or administration of controlled drug to child); (x) an offence against section 33G (Sale, supply or administration of controlled drug in school zone); (xi) an offence against section 33GA (Sale of equipment to child for use in connection with consumption of controlled drugs); (xii) an offence against section 33GB (Sale of instructions to a child); (xiii) an offence against section 33H (Procuring child to commit offence); (xiv) an offence against section 33I (Supply or administration of controlled drug); (xv) an offence against section 33J (Manufacture of controlled drugs); (xvi) an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984; (xvii) an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act; (xviii) an offence against section 33LA (Possession or supply of prescribed equipment); (xix) an offence against section 33LAB (Possession or supply of instructions); (xx) an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor); (xxi) an offence against section 33LD (Intentional manufacture of controlled drug alternative); (xxii) an offence against section 33LE (Promoting controlled drug alternative); (xxiii) an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative); (c) an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc); (d) any offence against the Criminal Law Consolidation Act 1935; (e) an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc); (f) an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order); (g) the following offences against the Road Traffic Act 1961: (i) an offence against section 47 (Driving under the influence); (ii) an offence against section 47B (Driving while having a prescribed concentration of alcohol in blood); (iii) an offence against section 47BA (Driving with prescribed drug in oral fluid or blood); (h) the following offences against the Serious and Organised Crime (Control) Act 2008: (i) an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012; (iv) an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation; (i) the following offences against the Summary Offences Act 1953: (ii) an offence against section 6A (Violent disorder); (iii) an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012; (iv) an offence against section 21B (Body armour); (v) an offence against section 21C (Offensive weapons and dangerous articles etc); (vi) an offence against section 21F (Prohibited weapons); (vii) an offence against section 21I (Effect of weapons prohibition order); (viii) an offence against section 62 (False reports to police); (ix) an offence against section 62A (Creating false belief as to events calling for police action); (x) an offence against section 66K (Offence to contravene or fail to comply with notice); (xi) an offence against section 74BJ (Hindering removal or modification of fortifications); (j) an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided); (k) an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc); (l) offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph; (m) an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth. Part 2—Prescribed offences—possession and use of firearms—aggravated offence (section 9(7)(c) of Act) 2—Prescribed offences—possession and use of firearms—aggravated offence For the purposes of section 9(7)(c) of the Act, the following offences against the Controlled Substances Act 1984 are prescribed: (a) an offence against section 32 (Trafficking); (b) an offence against section 33 (Manufacture of controlled drugs for sale); (c) an offence against section 33A (Sale, manufacture etc of controlled precursor); (d) an offence against section 33B (Cultivation of controlled plants for sale); (e) an offence against section 33C (Sale of controlled plants); (f) an offence against section 33F (Sale, supply or administration of controlled drug to child); (g) an offence against section 33G (Sale, supply or administration of controlled drug in school zone); (h) an offence against section 33I (Supply or administration of controlled drug); (i) an offence against section 33J (Manufacture of controlled drugs); (j) an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984; (k) an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act; (l) an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor); (m) an offence against section 33LD (Intentional manufacture of controlled drug alternative); (n) an offence against section 33LE (Promoting controlled drug alternative); (o) an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative). Part 3—Prescribed offences—disqualification of employment of person by licensed dealer (section 11(7)(c)(iii) of Act) 3—Prescribed offences—disqualification of employment of person by licensed dealer For the purposes of section 11(7)(c)(iii) of the Act, the following offences are prescribed: (i) an indictable offence against section 32 as in force immediately before the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (ii) an offence against section 32 (Trafficking) as in force following the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (vii) an offence against section 33F (Sale, supply or administration of controlled drug to child); (viii) an offence against section 33G (Sale, supply or administration of controlled drug in school zone); (ix) an offence against section 33H (Procuring child to commit offence); (x) an indictable offence against section 33I (Supply or administration of controlled drug); (xi) an offence against section 33J (Manufacture of controlled drugs); (xii) an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984; (xiii) an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act; (xiv) an offence against section 33LA (Possession or supply of prescribed equipment); (xv) an offence against section 33LAB (Possession or supply of instructions); (xvi) an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor); (xvii) an offence against section 33LD (Intentional manufacture of controlled drug alternative); (xviii) an offence against section 33LE (Promoting controlled drug alternative); (xix) an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative); (c) an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc); (d) the following offences against the Criminal Law Consolidation Act 1935: (i) an offence against Part 3 (Offences against the person etc), other than— (A) a basic offence against section 19(2); or (B) an offence against section 19A(1) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (C) a first offence that is a basic offence against section 19A(3) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person; or (D) an offence against section 19A(3) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (E) an offence against section 19AB(2) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (F) a first offence that is a basic offence against section 19AD(1); or (G) a basic offence against section 20(3)(a); or (H) a basic offence against section 29(2); or (I) a basic offence against section 29(3); or (J) an offence against section 32A; or (K) an offence against section 32C(2); or (L) an offence against section 61; or (M) an offence against section 78; or (N) an offence against section 81; or (O) an offence against section 82; or (P) an offence against section 83; (ii) an offence against Part 3A (Offences relating to public order); (iii) an offence against Part 3B (Offences relating to criminal organisations); (iv) an offence against Part 4 (Offences with respect to property), other than— (A) an offence against section 85(3); or (B) a basic offence against section 85(4); or (C) an offence against section 85A; or (D) an offence against section 86; or (E) an offence against section 86A; (v) an offence against Part 5 (Offences of dishonesty), other than— (A) a basic offence against section 134; or (B) an offence against section 138(2); or (C) an offence against section 138A(2); or (D) a basic offence against section 139; or (E) a basic offence against section 140(4); or (F) an offence against section 140(6); or (G) an offence against section 141(1); or (H) an offence against section 141(2); or (I) an offence against section 142; or (J) an offence against section 143;or (K) an offence against section 144; (vi) an offence against Part 5A (Identity theft), other than an offence against section 144D; (vii) an offence against Part 6A (Serious criminal trespass), other than a basic offence against section 170A; (viii) an offence against section 248 (Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings); (ix) an offence against Part 7 Division 4 (Offences relating to public officers); (x) an offence against section 267AA (Offence where unlawfully supplied firearm used in subsequent offence); (xi) an offence against section 270C (Going equipped for commission of offence of dishonesty or offence against property); (xii) an offence against section 270D (Going equipped for commission of offence against the person); (e) an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc); (f) an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order); (g) the following offences against the Serious and Organised Crime (Control) Act 2008: (i) an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012; (iv) an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation; (h) the following offences against the Summary Offences Act 1953: (ii) an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012; (iii) an offence against section 21B (Body armour); (iv) an offence against section 21F (Prohibited weapons); (v) an offence against section 21I (Effect of weapons prohibition order); (vi) an offence against section 66K (Offence to contravene or fail to comply with notice); (vii) an offence against section 74BJ (Hindering removal or modification of fortifications); (i) an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided); (j) an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc); (k) offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph; (l) an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth. Part 4—Prescribed offences—grant of firearms licence (section 15(5) of Act) 4—Prescribed offences—grant of firearms licence For the purposes of section 15(5) of the Act, the following offences are prescribed: (i) an indictable offence against section 32 as in force immediately before the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (ii) an offence against section 32 (Trafficking) as in force following the commencement of the Controlled Substances (Serious Drug Offences) Amendment Act 2005; (vii) an offence against section 33F (Sale, supply or administration of controlled drug to child); (viii) an offence against section 33G (Sale, supply or administration of controlled drug in school zone); (ix) an offence against section 33H (Procuring child to commit offence); (x) an indictable offence against section 33I (Supply or administration of controlled drug); (xi) an offence against section 33J (Manufacture of controlled drugs); (xii) an offence against section 33K (Cultivation of controlled plants), other than an offence against that section that is a simple cannabis offence within the meaning of section 45A of the Controlled Substances Act 1984; (xiii) an offence against section 33L (Possession or consumption of controlled drug etc), other than an offence against that section that is a simple possession offence within the meaning of the Controlled Substances Act 1984, or a simple cannabis offence within the meaning of section 45A of that Act; (xiv) an offence against section 33LA (Possession or supply of prescribed equipment); (xv) an offence against section 33LAB (Possession or supply of instructions); (xvi) an offence against section 33LB (Possession or supply of prescribed quantity of controlled precursor); (xvii) an offence against section 33LD (Intentional manufacture of controlled drug alternative); (xviii) an offence against section 33LE (Promoting controlled drug alternative); (xix) an offence against section 33LF (Manufacturing, packaging, selling or supplying substance promoted as controlled drug alternative); (c) an offence against section 68A(2) of the Correctional Services Act 1982 (Board may direct person to surrender firearm etc); (d) the following offences against the Criminal Law Consolidation Act 1935: (i) an offence against Part 3 (Offences against the person etc), other than— (A) a basic offence against section 19(2); or (B) an offence against section 19A(1) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (C) a first offence that is a basic offence against section 19A(3) where a motor vehicle or motor vessel was used in the commission of the offence but serious harm was not caused to any person; or (D) an offence against section 19A(3) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (E) an offence against section 19AB(2) where neither a motor vehicle nor motor vessel was used in the commission of the offence; or (F) a first offence that is a basic offence against section 19AD(1); or (G) a basic offence against section 20(3)(a); or (H) a basic offence against section 29(2); or (I) a basic offence against section 29(3); or (J) an offence against section 32A; or (K) an offence against section 32C(2); or (L) an offence against section 61; or (M) an offence against section 78; or (N) an offence against section 81; or (O) an offence against section 82; or (P) an offence against section 83; (ii) an offence against Part 3A (Offences relating to public order); (iii) an offence against Part 3B (Offences relating to criminal organisations); (iv) an offence against Part 4 (Offences with respect to property), other than— (A) an offence against section 85(3); or (B) a basic offence against section 85(4); or (C) an offence against section 85A; or (D) an offence against section 86; or (E) an offence against section 86A; (v) an offence against Part 5 (Offences of dishonesty), other than— (A) a basic offence against section 134; or (B) an offence against section 138(2); or (C) an offence against section 138A(2); or (D) a basic offence against section 139; or (E) a basic offence against section 140(4); or (F) an offence against section 140(6); or (G) an offence against section 141(1); or (H) an offence against section 141(2); or (I) an offence against section 142; or (J) an offence against section 143; or (K) an offence against section 144; (vi) an offence against Part 5A (Identity theft), other than an offence against section 144D; (vii) an offence against Part 6A (Serious criminal trespass), other than a basic offence against section 170A; (viii) an offence against section 248 (Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings); (ix) an offence against Part 7 Division 4 (Offences relating to public officers); (x) an offence against section 267AA (Offence where unlawfully supplied firearm used in subsequent offence); (xi) an offence against section 270C (Going equipped for commission of offence of dishonesty or offence against property); (xii) an offence against section 270D (Going equipped for commission of offence against the person); (e) an offence against section 24A(2) of the Criminal Law (Sentencing) Act 1988 (Appropriate board may direct person to surrender firearm etc); (f) the following offences against the Firearms Act 1977: (i) offences against the following sections as in force immediately before the commencement of the Firearms Act 2015: (A) section 10C (Effect of firearms prohibition order); (B) section 11 (Possession and use of firearms); (C) section 14 (Trafficking in firearms); (D) section 16 (Requirement for dealer's licence); (E) section 21 (Breach of conditions etc) that relates to a prescribed firearm or a class C, D, or H firearm; (F) section 27 (Manufacture of firearms, firearm parts or silencers); (G) section 27AA (Alteration of firearms); (H) section 28 (False information); (I) section 29 (Handling firearms when under the influence); (ii) an offence against section 14A as in force immediately before the commencement of the Firearms (Miscellaneous) Amendment Act 2013; (g) the following offences against the Firearms Act 2015: (i) an offence against section 9 (Possession and use of firearms); (ii) an offence against section 10 (Dealers); (iii) an offence against section 11 (Employment of persons by licensed dealers); (iv) an indictable offence against section 19 (Breach of conditions); (v) an offence against section 22 (Trafficking in firearms); (vi) an indictable offence against section 35 (Code of practice); (vii) an offence against section 37 (Manufacture of firearms, firearm parts or sound moderators); (viii) an offence against section 38 (Alteration of firearms); (ix) an offence against section 42 (Handling firearms when under influence of intoxicating liquor or drug); (x) an offence against section 45 (Effect of firearms prohibition order); (xi) an offence against section 60 (Public safety notices); (xii) an offence against section 69 (False or misleading information); (h) an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (Contravention of intervention order); (i) the following offences against the Serious and Organised Crime (Control) Act 2008: (i) an offence against section 22 (Offence to contravene or fail to comply with control order) as in force immediately before the commencement of section 6 of the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012; (iv) an offence against section 34A (Permitting premises to be habitually used as place of resort by members of declared organisation; (j) the following offences against the Summary Offences Act 1953: (ii) an offence against section 15A (Possession of body armour) as in force immediately before the commencement of section 4 of the Summary Offences (Weapons) Amendment Act 2012; (iii) an offence against section 21B (Body armour); (iv) an offence against section 21F (Prohibited weapons); (v) an offence against section 21I (Effect of weapons prohibition order); (vi) an offence against section 66K (Offence to contravene or fail to comply with notice); (vii) an offence against section 74BJ (Hindering removal or modification of fortifications); (k) an offence against section 21 of the Tattooing Industry Control Act 2015 (Offence to possess certain items in premises where tattooing services provided); (l) an offence against section 42A(2) of the Young Offenders Act 1993 (Training Centre Review Board may direct youth to surrender firearm etc); (m) offences consisting of a conspiracy or an attempt to commit an offence referred to in a preceding paragraph; (n) an offence substantially similar to any of the offences referred to in a preceding paragraph against the law of the Commonwealth, another State or a Territory of the Commonwealth. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation revoked by principal regulations The Firearms Regulations 2017 revoked the following: Firearms Regulations 2008 Principal regulations and variations New entries appear in bold. Year No Reference Commencement Gazette 23.5.2017 p1760 1.7.2017: r 2 Gazette 4.6.2020 p3056 1.7.2020: r 2 Gazette 15.4.2021 p1180 15.4.2021: r 2 Gazette 8.7.2021 p2773 8.7.2021: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1