Part 11Mandatory reporting and other obligations

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.