Part 12Miscellaneous

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.