Part 4Acquisition, supply and transfer of possession of firearms

Part 4—Acquisition, supply and transfer of possession of firearms 51—Prescribed process for acquisition of firearm For requirements that apply to the acquisition of a firearm by or from a licensed dealer (including the acquisition of a firearm by or from a licensed dealer as the agent of the owner of the firearm)—see regulation 53. (1) For the purposes of section 22(1)(b) of the Act, but subject to this regulation, the prescribed process for a person's acquisition of a firearm from another (the supplier) is as follows: (a) the firearm must be delivered into the person's physical possession by the supplier while they are together in the presence of a prescribed person; (b) the delivery of the firearm must be witnessed by the prescribed person; (c) the person and the supplier must produce the licences and permit and provide the prescribed person with the information necessary to enable the prescribed person to comply with the prescribed person's obligations under paragraph (d); (d) the prescribed person must— (i) be satisfied, by inspecting the relevant licence and permit that the person acquiring the firearm is entitled to acquire and possess it; and (ii) at the time of the transaction, record in a form approved by the Registrar— (A) the name and address of the supplier and the person acquiring the firearm and the licence number of the firearms licence held by each person; and (B) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (C) the number or characters constituting the identifying mark of the firearm; and (D) the date and time of the transaction; and (iii) provide the Registrar with the original of the record within 7 days after the end of the month in which the transaction occurred, or as requested by the Registrar. (2) If a firearm is acquired from a person outside South Australia— (a) subregulation (1) does not apply; and (b) the person must acquire the firearm through a licensed dealer in this State, acting as an agent of the person. (3) If the person acquiring the firearm is a company or the supplier is a company, the requirements of subregulation (1) must be satisfied by the company's principal or secondary nominee on behalf of the company. (4) If a prescribed person is unable to comply with subregulation (1) because a person fails to produce the necessary licence or permit or to provide the necessary information, the prescribed person must prepare and submit a report to the Registrar setting out such information as the Registrar requires in relation to the matter. (5) A prescribed person may refuse to witness the delivery of a firearm under subregulation (1) if the person is not first paid the prescribed fee. (6) A licensed dealer, licensed employee of a dealer or a responsible officer of a recognised firearms club who agrees to witness the delivery of a firearm under subregulation (1) but fails to comply with a requirement under that provision or subregulation (4) is guilty of an offence. (7) A licensed dealer must make a copy of a record made by the dealer or a licensed employee of the dealer under this regulation and the licensed dealer must keep the copy of the record at the premises specified in the dealer's licence for a period of not less than 3 years from the date on which the record was made. (8) A responsible officer of a recognised firearms club must make a copy of a record made by the responsible officer under this regulation and the officer must keep the copy of the record at a place approved by the Registrar for a period of not less than 3 years from the date on which the record was made. (9) In this regulation— licensed employee of a licensed dealer means a person who holds a category 11 (dealer) licence as an employee of a licensed dealer; prescribed person means— (a) a police officer; or (b) a licensed dealer or a licensed employee of a licensed dealer who is acting in the ordinary course of the employee's employment; or (c) a responsible officer of a recognised firearms club authorised by the Registrar to be a prescribed person for the purposes of this regulation; or (d) a Public Service employee authorised by the Registrar to be a prescribed person for the purposes of this regulation. (10) In subregulations (1)(c), (1)(d) and (4), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth. 52—Retention and production of written loan or hire agreements for acquisition of firearms (other than from licensed dealers) (1) For the purposes of section 22(8) of the Act, the following provisions apply to a written agreement for the loan or hire of a firearm: (a) each party must retain a copy of the agreement for the duration of the period for which the firearm is loaned or hired; (b) the licensee borrowing or hiring the firearm must carry a copy of the agreement when the licensee has physical possession or control of the firearm to which the agreement relates; (c) a party to the agreement must, at the request of a police officer, produce a copy of the agreement for inspection by the police officer as soon as is reasonably practicable after the request is made; (d) a police officer may retain a copy of the agreement for such reasonable period of time as is necessary to make a copy of the agreement. (2) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under this regulation. 53—Requirements in relation to supply of firearm by licensed dealer (section 22(9) of Act) (1) For the purposes of section 22(9) of the Act, a licensed dealer must, in respect of a firearm supplied by the dealer in the ordinary course of the dealer's business (including by the licensed dealer as the agent of the owner of the firearm) be satisfied that the person acquiring the firearm is entitled to acquire and possess the firearm— (a) in the case of a firearm supplied to another licensed dealer in the ordinary course of that dealer's business (including by that dealer as the agent of a person acquiring the firearm)—by inspecting the firearms licence (or if the dealer is not present in this State, a copy of the firearms licence) held by the dealer authorising the person to carry on the business of a dealer; or (b) in the case of a firearm supplied to a person other than a licensed dealer—by inspecting the relevant firearms licence and permit held by the person. (2) In subregulation (1), a reference to a firearms licence or permit includes a reference to a firearms licence or other licence, permit or corresponding authorisation, issued under a corresponding law of another State or Territory of the Commonwealth. 54—Licensed dealer records and returns relating to firearms and ammunition (1) A licensed dealer must compile records and provide returns as required by this regulation in the manner and form approved by the Registrar for that purpose. (2) A licensed dealer must, in respect of a firearm acquired or supplied by the dealer, or that otherwise comes into or leaves the possession of the dealer in the ordinary course of the dealer carrying on the business of a dealer (including for hire, repair, consignment or safe keeping), record in duplicate, as the case requires— (a) the name and address of the owner of the firearm and the licence number of the firearms licence held by the owner of the firearm acquired by, or that otherwise comes into the possession of, the dealer (including if the dealer is acting as the agent of the owner of the firearm); and (b) in the case of a firearm supplied by, or otherwise leaving the possession of, the dealer (including by the dealer acting as the agent of the owner of the firearm)—the name and address of the person acquiring, or otherwise taking possession of, the firearm, and the licence number of the firearms licence held by that person; and (c) in the case of a firearm hired out by the dealer—the duration and terms of the hire agreement; and (d) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (e) the number or characters constituting the identifying mark of the firearm; and (f) any other information required by the Registrar. (3) Subregulation (2) does not apply to a transaction in respect of which records have been made by a dealer under regulation 51. (4) Within 7 days after the end of each month the dealer must, in respect of records required under subregulation (2)— (a) deliver the original records in respect of that month to the Registrar; or (b) provide a copy of the original records in respect of that month to the Registrar by electronic means. (5) If, during a month, no firearms have been acquired by or have otherwise come into the possession of the dealer, or no firearms have been supplied by or otherwise left the possession of the dealer, the dealer must provide a copy (including by electronic means) of the appropriate form to the Registrar containing the statement "Nil Return". (6) A licensed dealer must— (a) compile such records as required by the Registrar with respect to ammunition bought or sold by the dealer in the ordinary course of the dealer carrying on the business of a dealer; and (b) provide the Registrar with the original or an electronic copy of the records (as specified by the Registrar) at such times required by the Registrar. (7) The dealer must, in respect of records required under this regulation— (a) if the original records have been delivered to the Registrar under this regulation—keep a duplicate copy of the records; or (b) if the original records have been retained by the dealer—keep the original records, at the premises specified in the dealer's licence for a period of not less than 3 years from the date on which the record was made. (8) In subregulation (2), a reference to a firearms licence includes a reference to a firearms licence or similar licence or authorisation issued under a corresponding law of another jurisdiction. 55—Requirements relating to agreements for hire of firearms made with licensed dealers (1) The following provisions apply to and in respect of agreements for the hire of firearms made between a person and a licensed dealer: (a) the agreement for the hire of the firearm must include— (i) the name and address of the dealer hiring the firearm to the person; and (ii) the name and address of the person hiring the firearm from the dealer and the licence number of the firearms licence held by that person; and (iii) the category, make, model, type, action, calibre and magazine capacity of the firearm; and (iv) the duration and the terms of the hire agreement; and (v) any other information required by the Registrar and notified to the dealer from time to time; (b) the dealer must provide a copy of the agreement for the hire of the firearm to the person hiring the firearm, at the time the person takes possession of the firearm; (c) the person hiring the firearm must retain a copy of the agreement for the duration of the period for which the firearm is hired from the dealer; (d) the person hiring the firearm must carry a copy of the agreement when the licensee has physical possession or control of the firearm to which the agreement relates; (e) the person hiring the firearm must, at the request of a police officer, produce a copy of the agreement for inspection by the police officer as soon as is reasonably practicable after the request is made; (f) a police officer may retain a copy of the agreement for such reasonable period of time as is necessary to make a copy of the agreement. (2) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under this regulation. (3) In subregulation (1)(a)(ii), a reference to a firearms licence includes a reference to a firearms licence or similar licence or authorisation issued under a corresponding law of another jurisdiction. 56—Return of permit to Registrar A person whose permit to acquire a firearm has been suspended or cancelled under the Act must immediately return the permit to the Registrar. 57—Transfer of possession of firearms (1) For the purposes of section 25 of the Act, the owner, or a person to whom the owner has transferred possession, of a firearm, has possession of the firearm (and therefore has not transferred possession of the firearm for the purposes of section 25) while the firearm is in his or her physical possession or under his or her control. (2) Without limiting subregulation (1), a firearm will be taken to be in the physical possession or under the control of the owner or a person to whom the owner has transferred possession— (a) while he or she is handling the firearm or the firearm is under his or her control; or (b) while the firearm is— (i) on premises at which the owner or other person usually resides or which he or she usually occupies or premises at which he or she is for the time being residing or which he or she is for the time being occupying; or (ii) in a vehicle, vessel or aircraft in which the owner or other person is for the time being travelling or residing; or (c) where the firearm is in the possession of, or used by, the owner or other person in the course of carrying on a business—while the firearm is on premises at which that business is carried on; or (d) while the firearm is in the physical possession or under the control of an employee of the owner of the firearm or other person in the course of that employment; or (e) while the firearm is in the possession of a person on behalf of the owner or other person in the normal course of the first mentioned person— (i) carrying on the business of transporting or storing goods; or (ii) carrying on the business of refurbishing firearms; or (iii) carrying on the business of manufacturing firearms or firearm parts. (3) For the purposes of section 25(1)(d) of the Act, the owner of a firearm who is the operator of a primary production business may transfer possession of the firearm to a person who holds a category 5 (primary production) licence who is engaged in the primary production business as an employee or relative of the operator of the business, for the purpose of transporting the firearm to the owner of the firearm in relation to the business, provided that the firearm is of a category that the person is authorised to possess under a firearms licence held by the person.