FIREARMS ACT 1997

NORTHERN TERRITORY OF AUSTRALIA FIREARMS ACT 1997 As in force at 30 June 2026 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Exemptions ...................................................................................... 9 4A Application of Criminal Code ......................................................... 11 Part 2 Administration 5 Delegation ..................................................................................... 11 6 Fees .............................................................................................. 12 7 Register ......................................................................................... 12 8 Declarations by Commissioner ...................................................... 13 Part 3 Licences Division 1 Application for licence 9 Application for licence .................................................................... 13 10 General restrictions on grant of licence ......................................... 16 10AA Restriction on grant of category H sports shooter's licence ........... 18 10AB Restriction on grant of firearms dealer licence............................... 19 10AC Restriction on grant of firearms collector licence ........................... 19 10AD Restriction on grant of paintball operator licence ........................... 20 10A General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence ...................................................................... 20 11 Genuine reason for licence ............................................................ 20 Division 2 General provisions 12 Form of licence .............................................................................. 21 13 General conditions of licence......................................................... 21 14 Period of licence ............................................................................ 22 Division 3 Shooter's licence 15 Shooter's licence ........................................................................... 23 -- 1 of 158 -- Firearms Act 1997 ii Division 3A Category H sports shooter's licence 15A Category H sports shooter's licence .............................................. 24 15B Procedure for obtaining licence ..................................................... 24 15C Conditions of licence ..................................................................... 24 Division 4 Firearms dealer licence 16 Firearms dealer licence ................................................................. 25 16A Information about close associates of firearms dealers ................. 25 16B Possession of firearms held under firearms dealer licence ........... 26 17 Security measures required by dealer ........................................... 26 18 Records and returns to be kept by dealers .................................... 27 19 Production of firearms ................................................................... 28 21 Interstate transactions between dealers ........................................ 28 Division 5 Firearms armourer licence 22 Firearms armourer licence ............................................................. 29 22A Records to be kept by firearms armourer ...................................... 29 23 Production of firearms and records................................................ 30 Division 6 Firearms collector licence 24 Firearms collector licence .............................................................. 30 25 Use of firearm under firearms collector licence.............................. 31 Division 6A Antique firearms collector licence 25A Antique firearms collector licence .................................................. 31 Division 7 Firearms corporate licence 26 Firearms corporate licence ............................................................ 32 Division 9 Firearms club junior licence 28 Firearms club junior licence ........................................................... 32 Division 10 Firearms museum licence 29 Firearms museum licence.............................................................. 33 29A Possession of firearms held under firearms museum licence ........ 33 Division 11 Firearms heirloom licence 30 Firearms heirloom licence.............................................................. 33 -- 2 of 158 -- Firearms Act 1997 iii Division 12 Firearms club licence 30A Firearms club licence ..................................................................... 33 30B Records to be kept by firearms clubs ............................................ 34 Division 13 Firearms instructor licence 30C Firearms instructor licence............................................................. 35 Division 13A Firearms employee licence 30CA Firearms employee licence ............................................................ 35 Division 14 Licences for paintball Subdivision 1 Paintball operator licences 30D Effect of licence ............................................................................. 36 Subdivision 2 Paintball employee licences 30E Effect of licence ............................................................................. 36 30F Licence expires if holder ceases to be employee .......................... 36 30G Disclosure of information by Commissioner to approved paintball operator ........................................................................... 36 Part 4 Permits 31 Grant of permits ............................................................................. 37 32 Application for permit ..................................................................... 38 33 General restrictions on granting permits ........................................ 39 33A Possession and use of firearms by international competitors ........ 41 34 General provisions relating to permits ........................................... 42 35 Permits to purchase or acquire firearms ........................................ 43 35A Permits for category H sports shooters ......................................... 44 35B Limits on firearm ownership under category H sports shooter's licence ........................................................................................... 45 35C Permits under firearms collector licence ........................................ 46 35D Restriction on granting paintball operator permit ........................... 46 Part 5 Registration of firearms 36 Registration of firearms ................................................................. 46 37 Duration of registration .................................................................. 47 Part 6 Surrender or revocation of licences, permits and certificates of registration 38 Suspension of licence, permit or registration ................................. 48 -- 3 of 158 -- Firearms Act 1997 iv 39 Suspension on making of interim domestic violence order ............ 48 40 Revocation of licence, permit or registration .................................. 49 40A Revocation on basis of criminal intelligence .................................. 51 40B Seizure of firearms on revocation .................................................. 52 41 Surrender by holder ....................................................................... 52 42 Suspension by police officer or Commissioner .............................. 53 43 Refusal or revocation by Commissioner ........................................ 54 44 Disposal of firearms ....................................................................... 54 45 Delivery of firearms to Commissioner for safekeeping .................. 55 Part 7 Safe keeping of firearms 46 Storage and safe keeping requirements ........................................ 55 47 Seizure of firearms if storage requirements not met ...................... 56 Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges 48 Premises used by firearms clubs and for shooting activities ......... 56 49 Approval of premises used by firearms clubs and for shooting activities ......................................................................................... 56 49A Approval of premises for use as paintball range ............................ 57 Part 8A Firearm prohibition orders Division 1 Interpretation 49B Definitions ...................................................................................... 58 49C Meaning of firearm related item ..................................................... 58 49D Meaning of prohibited premises..................................................... 59 Division 2 Firearm prohibition orders 49E Firearm prohibition order ............................................................... 60 49F Considerations in making firearm prohibition order ....................... 60 49G Form and content of order ............................................................. 60 49H Duration of order............................................................................ 61 49J Service of order ............................................................................. 61 49K Cancellation or suspension of licences, permits and certificates ..................................................................................... 62 Division 3 Review by NTCAT 49L Review by NTCAT – firearm prohibition orders ............................. 63 49M Further right to apply for review by NTCAT ................................... 64 49N Confidentiality of classified information .......................................... 64 -- 4 of 158 -- Firearms Act 1997 v Division 4 Offences in relation to firearm prohibition orders 49P Offence to contravene firearm prohibition order ............................ 65 49Q Offence to engage in conduct resulting in another person contravening firearm prohibition order ........................................... 66 49R Offence to be at prohibited premises ............................................. 66 49S Offence to reside at premises where there are firearms or firearm related items ...................................................................... 66 49T Offence to be in company of person using firearm or firearm related item .................................................................................... 67 Division 5 Police powers 49U Search of person to whom firearm prohibition order relates without warrant or consent............................................................. 67 49V Search of associate without warrant or consent ............................ 68 49W Search of premises, vehicles, aircraft or vessels without warrant or consent ......................................................................... 69 49X Search of person at premises, vehicles, aircraft or vessels without warrant or consent............................................................. 71 49Y Requirement to give name and address ........................................ 72 49Z Dealing with firearms or firearm related items surrendered or seized under this Part .................................................................... 72 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part ........................................... 73 Division 6 Review of operation of Part 49ZB Review of operation of Part ........................................................... 74 Part 9 Review of decisions 50 Review by NTCAT – general ......................................................... 74 51 Constitution of NTCAT for review proceedings .............................. 75 Part 10 Firearms Advisory Council 55 Firearms Advisory Council ............................................................. 75 56 Functions and powers of Council................................................... 76 57 Meetings of Council ....................................................................... 76 Part 11 Offences Division 1 Possession or use of firearms 58 Possession or use of firearms ....................................................... 77 58A Obligation of supervisor ................................................................. 79 58B Obligation of firearms club ............................................................. 79 -- 5 of 158 -- Firearms Act 1997 vi Division 2 Offences relating to registration 59 Firearms to be registered............................................................... 80 60 Alteration of certificate of registration ............................................ 80 Division 2A Certain offences outside Territory 60A Conspiring to commit and aiding etc. commission of offence outside Territory............................................................................. 80 Division 2B Offences relating to paintball 60B Definition........................................................................................ 81 60C Prohibition of carrying on business of paintball operator without authority ............................................................................ 81 60D Information about close associates, representatives and employees ..................................................................................... 81 60E Records and returns ...................................................................... 82 60F Prohibition on employing certain persons ...................................... 83 60G Production of firearms ................................................................... 83 60H Possession and use of paintball firearm only at approved paintball range ............................................................................... 83 60J Restrictions on children playing paintball ....................................... 84 60K Paintball player must sign declaration and give identification ........ 84 60L Certain persons prohibited from playing paintball .......................... 85 Division 3 General offences 61 Manufacture of firearms ................................................................. 85 61A Repair or modification of firearms .................................................. 86 61B Possession of digital blueprints for manufacture of firearms.......... 86 62 Purchase of firearms ..................................................................... 87 63 Sale of firearms ............................................................................. 88 63A Trafficking in firearms .................................................................... 90 63B Advertising firearm for sale ............................................................ 91 64 Use of mail for sending firearms .................................................... 91 65 Use of mail for sending firearms outside the Territory ................... 92 66 Transporting firearms .................................................................... 93 67 Disposal of firearms by unauthorised holders ................................ 93 68 Altering firearms ............................................................................ 93 68A Sale and purchase of ammunition ................................................. 94 69 Possession of ammunition ............................................................. 94 70 Pawning of firearms prohibited ...................................................... 95 71 Misuse of licences and permits...................................................... 95 73 Hiring or leasing firearms ............................................................... 95 74 Alteration of identification marks .................................................... 96 75 Toy guns ........................................................................................ 96 76 Unsafe firearms ............................................................................. 96 77 Silencers and machine-guns ......................................................... 97 -- 6 of 158 -- Firearms Act 1997 vii 78 Carrying firearms in public places.................................................. 98 79 Discharge of firearms on certain land ............................................ 98 80 Possession of firearms on certain land .......................................... 99 81 Restriction on possession and use of firearms on certain vacant Crown land ......................................................................... 99 82 Discharge of firearms on roads.................................................... 100 83 Prohibited use of firearms ............................................................ 100 84 Discharge of firearm causing danger ........................................... 100 85 Breach of conditions .................................................................... 101 86 Persons under influence of alcohol or drugs................................ 101 87 Delivery of firearms to certain persons ........................................ 101 88 Delivery of firearms to unlicensed persons .................................. 101 89 False or misleading statements ................................................... 102 90 Matters to be notified ................................................................... 102 91 Requirements and directions to be complied with ....................... 103 91A Notice of change of representative of certain licence and permit holders .............................................................................. 103 Part 12 Miscellaneous matters Division 1 Recognition of Interstate licences 92 Temporary recognition of interstate licences ............................... 104 93 Interstate residents moving to the Territory ................................. 104 Division 1A Revocation, disqualification, forfeiture 93A Revocation and disqualification ................................................... 105 93B Disqualification if aggravating circumstance ................................ 105 93C No grant of licence or permit........................................................ 106 93D Court may order forfeiture............................................................ 106 93E No effect on general power.......................................................... 106 Division 2 General 93F No review of certain decisions by Commissioner ........................ 106 94 Commissioner may require firearm to be lodged ......................... 107 95 Police may request names and addresses .................................. 107 96 Police may require production of licences and permits................ 107 96A Police may require production of firearm ..................................... 108 97 Searches in emergencies ............................................................ 109 98 Seizure ........................................................................................ 110 98A Seizure etc. of firearm includes ammunition ................................ 110 99 Retention of certain seized firearms ............................................ 110 99A Storage of certain firearms .......................................................... 111 100 Protection from liability ................................................................ 112 101 Report to be made in certain circumstances................................ 112 102 Disclosure of information by Commissioner in certain circumstances.............................................................................. 113 -- 7 of 158 -- Firearms Act 1997 viii 103 Duplicate certificates and licences............................................... 114 104 Averments ................................................................................... 115 104A Evidence by certificate ................................................................. 115 105 Evidentiary – meaning of possession of a firearm etc. ................ 115 106 Service of notices and documents ............................................... 116 106A Conduct of representatives .......................................................... 116 106B Criminal liability of executive officer of body corporate ................ 117 107 Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence ..................... 119 107A Offences by representatives of licence and permit holders ......... 120 108 Commencement of prosecutions ................................................. 120 109 Regulatory offences..................................................................... 120 110 Certain category H firearms to be produced to Commissioner .... 121 110A Voluntary surrender of category H firearms ................................. 122 111 Regulations.................................................................................. 122 112 Review of Act............................................................................... 122 Part 13 Transitional matters Division 1 Firearms Amendment Act 2003 113 Transitional .................................................................................. 123 Division 2 Statute Law Amendment (Directors' Liability) Act 2015 114 Offences – before and after commencement............................... 123 Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 115 Definitions .................................................................................... 124 116 Review of decisions and actions before commencement ............ 124 117 Pending proceeding before former Tribunal ................................ 124 118 Appeals against decisions of former Tribunal not instituted before commencement ................................................................ 125 119 Appeals against decisions of former Tribunal not determined before commencement ................................................................ 126 120 Remittal of matters to NTCAT on appeals determined after commencement ........................................................................... 126 Division 4 Attorney-General and Police Legislation Amendment Act 2025 121 Application of amendments to section 35 .................................... 127 -- 8 of 158 -- Firearms Act 1997 ix Division 5 Firearms Amendment Act 2026 122 Definitions .................................................................................... 127 123 Periods of licences ...................................................................... 127 124 Firearms Advisory Council ........................................................... 127 125 Matters to be notified ................................................................... 128 Schedule 1 Prohibited firearms Schedule 2 Category A firearms Schedule 3 Category B firearms Schedule 4 Category C firearms Schedule 5 Category D firearms Schedule 6 Category H firearms Schedule 7 Reviewable decisions ENDNOTES -- 9 of 158 -- -- 10 of 158 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 30 June 2026 ____________________ FIREARMS ACT 1997 An Act to provide for the regulation, control and registration of firearms, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Firearms Act 1997. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act: affected person: (a) for Part 8A – see section 49L(2); or (b) otherwise – see section 50(2). air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air. ammunition means: (a) an article consisting of a cartridge case fitted with a primer and a projectile other than an inert round; or (b) an article consisting of a cartridge case fitted with a primer and containing a propelling charge and a projectile; or (c) a blank cartridge, air gun pellet, training cartridge or gas cartridge; or (d) a paintball pellet; or -- 11 of 158 -- Part 1 Preliminary matters Firearms Act 1997 2 (e) an article prescribed by regulation. ammunition retail permit means a permit authorising the holder, and employees of the holder, to possess, purchase and sell only ammunition of a category specified in the permit, as mentioned in section 31(1)(fe). approved means approved by the Commissioner. approved paintball operator means the holder of a paintball operator licence or permit. approved paintball range means the premises specified in a paintball operator licence or permit. category H sports shooter means a person who: (a) is the holder of a licence to possess and use prescribed category H firearms; and (b) is a member of an approved firearms club; and (c) participates in category H sports shooting. category H sports shooting means participation in prescribed category H shooting disciplines at an approved firearms club. certificate of registration means a certificate of registration issued under section 36. Commissioner means the Commissioner of Police. corresponding, in relation to a licence, permit or certificate of registration, means a licence or permit in force under a law of a State or another Territory that, in the opinion of the Commissioner, corresponds to a licence, permit or certificate of registration under this Act. Council means the Firearms Advisory Council established by section 55. criminal intelligence, see section 6 of the Serious Crime Control Act 2009. determined fee means a fee determined under section 6. disqualifying offence means: (a) an offence prescribed by the Regulations to be a disqualifying offence; or -- 12 of 158 -- Part 1 Preliminary matters Firearms Act 1997 3 (b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a). domestic violence order, see section 4 of the Domestic and Family Violence Act 2007. final domestic violence order means: (a) a domestic violence order other than an interim domestic violence order; or (b) a registered external order. firearm means a device or part of a device (whether or not assembled, operable or temporarily or permanently inoperable) that is designed or adapted to discharge shot, a bullet or other projectile: (a) by expanding gases produced in the device; or (b) by igniting combustible material; or (c) by compressed air or other compressed gases (whether stored in the device or attached to the device in pressurised containers). firearm part means a part mentioned in subsection (1A). firearm prohibition order, for Part 8A, see section 49B. firearm related item, for Part 8A, see section 49C. firearms club means a shooting union, association, club or other group of persons, however described, who associate for purposes connected with the use of firearms. holder, in relation to a licence, permit or certificate of registration, means the person to whom it is granted. interim court DVO, see section 64 of the Domestic and Family Violence Act 2007. interim domestic violence order means: (a) a domestic violence order made under Part 2.4 of the Domestic and Family Violence Act 2007 that has not yet been confirmed under that Part; or (b) an interim court DVO; or -- 13 of 158 -- Part 1 Preliminary matters Firearms Act 1997 4 (c) a domestic violence order of another jurisdiction that is of an interim or provisional nature. interim personal violence restraining order, see section 3 of the Personal Violence Restraining Orders Act 2016. international competitor means a person who resides outside Australia and who is visiting Australia for the purpose of competing in an approved shooting competition. land includes land covered by water and the water covering the land. licence means a licence granted under Part 3. machine-gun means: (a) a firearm (including a pistol) that discharges or is capable of discharging more than one cartridge on a single release of a trigger mechanism; and (b) a firearm mentioned in paragraph (a) from which, for the time being, a cartridge cannot be discharged because of the absence or defect of a part or an obstruction in the firearm, but from which, if the part were replaced, renewed or repaired or the obstruction removed, a cartridge could be discharged. offence of violence means: (a) an offence prescribed by the Regulations to be an offence of violence; or (b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a). paintball means a game in which players attempt to shoot at one another with prescribed paintball firearms using prescribed paintball pellets. paintball employee means the holder of a paintball employee licence. paintball employee licence means a licence in force under Part 3, Division 14, Subdivision 2, for employment by an approved paintball operator. paintball firearm means a firearm designed to discharge paintball pellets. -- 14 of 158 -- Part 1 Preliminary matters Firearms Act 1997 5 paintball operator means a person carrying on the business of providing a paintball range, paintball firearms and pellets and other things for playing paintball. paintball operator licence means a licence in force under Part 3, Division 14, Subdivision 1, for the business of paintball operator at a paintball range. paintball operator permit means a permit in force under Part 4 for the business of paintball operator at a temporary paintball range. paintball pellets means pellets that: (a) consist primarily of a dye, paint or similar marking substance; and (b) are designed to be discharged from a firearm. paintball player declaration, see section 60K(1)(a). paintball range means premises for playing paintball. permit means a permit granted under Part 4. personal violence restraining order means: (a) a personal violence restraining order made under the Personal Violence Restraining Orders Act 2016; or (b) a similar order made in a State or another Territory. pistol means a firearm that is: (a) capable of being used in, or adapted to be aimed and discharged using, one hand only; and (b) capable of being concealed on or about the person. possess or use, in relation to a firearm or ammunition, includes to carry, have under control, test discharge and store the firearm or ammunition. premises includes buildings and land. prohibited firearm means a firearm or item specified in Schedule 1. prohibited person, for Part 11, Division 2B, see section 60B. prohibited premises, for Part 8A, see section 49D. -- 15 of 158 -- Part 1 Preliminary matters Firearms Act 1997 6 purchase means to do or cause or allow to be done any of the following, whether or not for valuable consideration: (a) purchase by wholesale, retail, auction or tender; (b) obtain by barter or exchange; (c) receive by transfer, exchange, assignment or settlement. register means the register required to be kept under section 7. registered means registered under this Act. registered external order means an external order, as defined in section 4 of the Domestic and Family Violence Act 2007, that is registered under Part 3.2 of that Act. representative for: (a) a firearms dealer licence, firearms corporate licence, firearms museum licence or firearms club licence – means the person nominated under section 9(3A)(a), (4)(a), (5)(a) or (6)(a); or (ab) an ammunition retail permit – means the person nominated under section 32(4); or (b) a paintball operator licence or permit – see section 9(9)(b)(i) or 32(3)(b)(i); and includes the person for whom a notice is given under section 91A. reviewable decision: (a) for Part 8A – see section 49L(1); or (b) otherwise – see section 50(1). sale means to do or cause or allow to be done any of the following, whether for profit, valuable consideration or otherwise: (a) sell by wholesale, retail, auction or tender; (b) dispose of by barter, transfer, exchange, assignment or settlement; (c) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale; (d) conduct negotiations for sale. -- 16 of 158 -- Part 1 Preliminary matters Firearms Act 1997 7 shooting member, of an approved firearms club, means a full member of the firearms club who has completed any period of probation as a member and does not include a person who is a social or associate member (however called) of the club. shooting range means an area of land established or reserved primarily for the purpose of discharging firearms. silencer means: (a) a device capable of being used to suppress the noise of the discharge of a firearm; and (b) a device mentioned in paragraph (a) that, for the time being, does not suppress the noise of the discharge of a firearm because of the absence or defect of a part of the device but would, if the part were replaced, renewed or repaired, suppress the noise of the discharge of a firearm. specially accredited discipline means a category H sports shooting discipline that is prescribed as a discipline for which a category H firearm with a calibre greater than .38" but not greater than .45" may be used. starting pistol means a device that is used or designed to control the start of an event at a sporting fixture that is not capable of discharging shot, a bullet or other missile. student of arms, see section 35C(2). working day means a day that is not a Saturday, Sunday or public holiday. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (1A) For the definition of firearm in subsection (1), a part of a device means: (a) a rifle or shotgun action; or (b) a pistol or revolver frame. (2) A reference in this Act to: (a) a category A firearm is to a firearm of a type specified in Schedule 2; and -- 17 of 158 -- Part 1 Preliminary matters Firearms Act 1997 8 (b) a category B firearm is to a firearm of a type specified in Schedule 3; and (c) a category C firearm is to a firearm of a type specified in Schedule 4; and (d) a category D firearm is to a firearm of a type specified in Schedule 5; and (e) a category H firearm is to a firearm of a type specified in Schedule 6. (3) For this Act, a person deals in firearms if the person buys, sells, exchanges or hires out firearms in the course of his or her business. (3A) For this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence or paintball operator licence or permit if the person: (a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right, on behalf of any other person or for the benefit of any other person), in the business of the applicant or holder and, by virtue of that interest or power, is or will be able to exercise a significant influence over, or with respect to, the conduct or control of that business; or (b) holds or will hold any relevant position (whether in his or her own right, on behalf of any other person or for the benefit of any other person) in the business of the applicant or holder. (3B) In subsection (3A): relevant financial interest, in a business, means: (a) any interest in or entitlement to the capital or assets of the business, including any interest or entitlement where the business is carried on under a trust; or (b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise. relevant position, in a business, means a position whose holder participates in or is entitled to participate in the management of the business (whether in the capacity of a director, manager, secretary, partner or in any other capacity). -- 18 of 158 -- Part 1 Preliminary matters Firearms Act 1997 9 relevant power, in a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others: (a) to participate in any managerial or executive decision about the business; or (b) to elect or appoint any person to any relevant position in the business. (4) For this Act, a firearm is sold when the possession of the firearm passes from the person who sells the firearm (or if the firearm is sold by the holder of a firearms dealer licence, from an employee of the holder) to another person. 4 Exemptions (1) This Act does not apply to or in relation to: (a) a person who is a member of the Defence Force mentioned in Part 3, Division 1 of the Defence Act 1903 (Cth) who is using a firearm that is the property of the Force for purposes concerned with the Force; or (b) an explosive-powered tool or compressed air nailing tool; or (d) a spear-gun; or (e) a pistol designed to be used for life-saving, rescuing or distress signal purposes; or (f) a firearm or a type of firearm mentioned in a notice under section 8(1)(b). (2) This Act does not apply to or in relation to a starting pistol that is the property of a sporting association or body if: (a) the association or body is affiliated with the governing body for its sport in the Territory; and (b) the starting pistol is used at sporting fixtures organised and controlled by the sporting association or body; and (c) the starting pistol is in the possession of an adult when at or being transported to or from the sporting fixture; and (d) the starting pistol is stored in accordance with the storage requirements under this Act. -- 19 of 158 -- Part 1 Preliminary matters Firearms Act 1997 10 (3) Parts 3 and 5 and sections 58, 59 and 69 do not apply to or in relation to a person who is a common carrier in respect of the person's possession of a firearm or ammunition that: (a) is not the person's property; and (b) forms part of a consignment of goods in the person's possession as a common carrier. (4) Part 3 and sections 46, 58, 59, 61B, 66, 77, 78, 79, 80, 82 and 83 do not apply to or in relation to: (a) a police officer; or (b) a member of the Australian Federal Police; or (c) a member of a police force of a State or another Territory; or (d) an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth); or (e) a member of the Australian Protective Service; or (f) a correctional officer (as defined in section 4 of the Correctional Services Act 2014); in respect of his or her possession or use of a firearm, or the possession of a digital blueprint (in the case of section 61B), in the course of his or her duty as a member or officer. (4AA) Section 61B does not apply to, or in relation to, a person who is in possession of a digital blueprint for the manufacture of a firearm, or part of a firearm: (a) for a purpose connected with a law enforcement function or for the preparation or conduct of a criminal proceeding; or (b) if the person is authorised by a licence or permit to manufacture a firearm, or part of a firearm, based on the digital blueprint. (4A) Section 69 does not apply to a person specified in subsection (4) in respect of the person's possession of ammunition in the course of the person's duty as an officer or member. (5) Sections 78 and 79 do not apply to or in relation to a person who is: (a) a public sector employee; or (b) an APS employee as defined in section 7 of the Public Service Act 1999 (Cth); -- 20 of 158 -- Part 2 Administration Firearms Act 1997 11 in respect of the person's possession or use, in the course of his or her duty as such an employee, of a firearm the property of the Territory or the Commonwealth. (6) The Commissioner may, by written notice, declare that such provisions of this Act as the Commissioner thinks fit and specifies in the notice do not apply, or apply in accordance with such conditions as are specified in the notice: (a) to certain persons in relation to their activities at an approved paintball range, shooting gallery, amusement parlour or similar place; or (b) in relation to firearms amnesties generally or periods specified in the notice as amnesty periods; and those provisions do not apply or apply only subject to those conditions. 4A Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against section 49P, 49Q, 49R, 49S, 49T, 49Y(2), 61B or 125. Note for section 4A Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Administration 5 Delegation (1) The Commissioner may, in writing, delegate to a police officer or public sector employee any of the Commissioner's powers and functions under this Act, other than: (a) the forming of the necessary opinion for the purposes of section 10(8A), 33(3A) or 40A(1); or (b) this power of delegation; or (c) the power to make a firearm prohibition order under section 49E. (2) The Commissioner may, in writing, delegate to a police officer with the rank of superintendent or higher the Commissioner's power to make a firearm prohibition order under section 49E. -- 21 of 158 -- Part 2 Administration Firearms Act 1997 12 6 Fees (1) The Minister may, by Gazette notice, determine the fees payable under this Act. (2) The Commissioner may waive or reduce a determined fee in relation to a matter or thing or a class of matters or things. 7 Register (1) The Commissioner is to cause to be kept a register containing a record of those particulars that the Commissioner determines of: (a) all registered firearms; and (b) all licences and permits. (2) The register may be kept: (a) in a form or combination of forms; and (b) on a medium or combination of mediums; and (c) in a manner; that the Commissioner thinks fit and, for paragraph (b), a medium includes but is not limited to any of the following: (d) a computer; (e) micro film; (f) paper. (3) The register is to be maintained in a form that: (a) enables it to be linked to the Australian Crime Commission; and (b) enables a firearm authority of a State or another Territory to have access to information in the register. (4) A document certified by the Commissioner to be an extract from, or copy of, an entry in the register must be received in all courts and on all occasions as evidence and is taken to be sufficient proof of the particulars contained in that entry without requiring the production of the register from which the extract or copy was taken. -- 22 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 13 8 Declarations by Commissioner (1) The Commissioner may, by Gazette notice, declare: (a) a firearm or a type of firearm to be a firearm of a particular category of firearm; or (b) a firearm or a type of firearm to be a firearm that is exempt from the operation of this Act. (2) A notice under subsection (1) may specify a firearm or type of firearm by reference to particulars of the firearm or type of firearm that may include the calibre, mechanism, manufacturer, magazine capacity, fixture attached to a firearm or other particulars by which a firearm or a type of firearm may be identified. (3) The Commissioner may, on application by a person in possession of a firearm and after examination of the firearm, by written notice, certify that the firearm is permanently incapable of use as a firearm. (4) A reference in this Act to a category of firearm includes a firearm or type of firearm in respect of which a declaration is made under subsection (1)(a). Part 3 Licences Division 1 Application for licence 9 Application for licence (1) An application for a licence is to be: (a) in the approved form; and (b) accompanied by the determined fee; and (c) lodged with the Commissioner. (2) An applicant for a licence is: (a) if the applicant is an individual – to be at least 18 years of age unless the licence applied for is a firearms club junior licence; and (b) to provide proof of the applicant's identity in accordance with the requirements under the Financial Transaction Reports Act 1988 (Cth) that apply in respect of the opening of a bank account; and -- 23 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 14 (c) to provide such other particulars or documents as the Commissioner requires. (3) A person cannot apply for a licence if the person is prohibited from applying for or holding a licence to own or possess a firearm: (a) under this or any other Act; or (b) under an Act of the Commonwealth, a State or another Territory; or (c) by an order or direction of a court (whether made or given in the Territory or elsewhere). (3A) An application for a firearms dealer licence must specify the following: (a) the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the licence in respect of activities conducted under the licence; (b) the name and address of each person who is a close associate of the applicant; (c) particulars of the nature of the person's association with the applicant; (d) the name and address of each person who will: (i) be responsible for the security of firearms possessed under the licence; or (ii) have direct access to firearms possessed under the licence. (4) An application for a firearms corporate licence is to contain: (a) the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the licence in respect of activities conducted under the licence; and (b) the name and address of each person who will: (i) be responsible for the security of firearms possessed under the licence; or (ii) have direct access to firearms possessed under the licence; or -- 24 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 15 (iii) have control over issuing firearms possessed under the licence to employees of the holder of the licence. (5) An application for a firearms museum licence is to contain: (a) the name of the person who will be the representative of the holder of the licence in respect of activities conducted under the licence; and (b) the name and address of each person who: (i) will be responsible for the security of firearms possessed under the licence; or (ii) will have direct access to firearms possessed under the licence. (6) An application for a firearms club licence is to contain: (a) the name of the person (who must be a member of the governing body or committee of the firearms club) who will be the representative of the holder of the licence in respect of activities conducted under the licence; and (b) the names and addresses of persons who will be responsible for the security of the firearms stored at premises occupied by the firearms club. (8) Only a body corporate may apply for a paintball operator licence. (9) An application for a paintball operator licence must: (a) describe the applicant's proposed business; and (b) specify the names and addresses of the following persons: (i) the person who will be primarily responsible for the control and management of the business (the representative); (ii) prospective paintball employees of the business; and (ba) specify the name and address of each person who is a close associate of the applicant; and (bb) specify particulars of the nature of the person's association with the applicant; and (c) be accompanied by evidence that the applicant has public liability insurance for the amount prescribed by regulation. -- 25 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 16 10 General restrictions on grant of licence (1) The Commissioner, on receiving an application for a licence, may grant or refuse to grant the licence. (2) Subject to subsection (5), the Commissioner is not to grant a shooter's licence or a firearms club junior licence until 28 days after the day on which the application is made. (2A) The Commissioner must not grant a licence to a person who has been found guilty of an offence against this Act or the Weapons Control Act 2001 or in which a firearm was involved unless: (a) if a pecuniary penalty only was imposed in relation to the offence – 2 years have elapsed since the person was found guilty of the offence; or (b) if one the following orders was made in relation to the offence – 2 years have elapsed since the person was found guilty of the offence: (i) an order under section 10 of the Sentencing Act 1995; (ii) a community correction order under the Sentencing Act 1995 without recording a conviction; (iii) an order under section 11 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; (iv) an order under the Criminal Law (Conditional Release of Offenders) Act 1971 as in force before the commencement of section 129 of the Sentencing Act 1995; (v) an order under a provision of a law in the jurisdiction in which the offence was committed that, in the opinion of the Commissioner, has a similar effect to an order in subparagraph (i) to (iv); or (c) if a custodial sentence was imposed in relation to the offence – 5 years have elapsed since the person was found guilty of the offence or was released from custody, whichever is later. (2B) The Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant has failed to supply material information or has supplied information that is false or misleading. -- 26 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 17 (3) Subject to subsections (6) and (6A), the Commissioner must not grant a licence unless satisfied the applicant or, for an application for a paintball operator licence, the representative: (a) is at least 18 years of age unless the licence applied for is a firearms club junior licence; and (b) is a fit and proper person; and (c) has completed an approved firearms training and safety course; and (d) is able to meet the storage and safety requirements under this Act; and (e) resides in the Territory or is about to become a resident of the Territory; and (f) has not, within the period of 10 years before the application for the licence was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and (fa) has not, within the period of 5 years before the application for the licence was made, been found guilty in the Territory or elsewhere of an offence of violence; and (g) does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the licence was made, had a final domestic violence order in force against him or her; and (ga) does not have a personal violence restraining order in force against him or her; and (h) is not subject to an order, made in the Territory or elsewhere, to keep the peace. (4) Without limiting subsection (3)(b), the Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant or representative may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's or representative's way of living or domestic circumstances; or (b) any attempts by the applicant or representative to commit suicide or cause a self-inflicted injury; or (c) the applicant's or representative's intemperate habits or being of unsound mind. -- 27 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 18 (5) The Commissioner may grant a shooter's licence before the expiration of the period mentioned in subsection (2) if the applicant was, at the time of making the application, the holder of a shooter's licence and the prescribed checks have been completed. (6) Subsection (3)(c) does not apply to: (a) an applicant who is already the holder of a licence when the application is made; or (b) an application for a paintball operator licence. (6A) Subsection (3)(d) does not apply to an application for a paintball operator licence. (6B) Subsection (3)(e) does not apply in relation to an application for a firearms instructor licence or firearms employee licence. (7) Except in the case of a firearms dealer licence, firearms museum licence, firearms club licence, firearms corporate licence or paintball operator licence, a licence may only be granted to an individual. (8) The Commissioner may refuse to grant a licence if the Commissioner considers that the grant of the licence would be contrary to the public interest. (8A) The Commissioner must refuse to grant a licence if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that: (a) the applicant or representative is a risk to public safety; and (b) the grant of the licence would be contrary to the public interest. (8B) The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a licence on the grounds mentioned in subsection (8A). (9) The Regulations may provide other mandatory or discretionary grounds for refusing to grant a licence. 10AA Restriction on grant of category H sports shooter's licence The Commissioner must not grant a category H sports shooter's licence unless the application is accompanied by an endorsement from an approved firearms club to the effect that: (a) the applicant is a member of the club; and -- 28 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 19 (b) the applicant has provided the club with: (i) details of the applicant's membership of any other firearms clubs and the firearms owned by the applicant; and (ii) at least 2 character references from persons who have known the applicant for at least 2 years; and (c) the club supports the application. 10AB Restriction on grant of firearms dealer licence The Commissioner must not grant a firearms dealer licence if the Commissioner: (a) is of the view that a person who (in the opinion of the Commissioner) is or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a firearms dealer licence; or (b) is not satisfied that the applicant will be the person primarily responsible for the control and management of the business to be carried on under the authority of the licence. Note for section 10AB Section 10A sets out other restrictions on the grant of a firearms dealer licence. 10AC Restriction on grant of firearms collector licence The Commissioner must not grant a firearms collector licence unless: (a) the Commissioner is satisfied that the applicant is a genuine historical collector of firearms; and (b) the applicant is a member of an approved historical firearms collector's society and the society has endorsed the application for the licence; and (c) the applicant can demonstrate that he or she can comply with the prescribed requirements for storage and safe keeping of firearms held under the licence. -- 29 of 158 -- Part 3 Licences Division 1 Application for licence Firearms Act 1997 20 10AD Restriction on grant of paintball operator licence The Commissioner must not grant a paintball operator licence unless: (a) the Commissioner is satisfied each person who is or will be a close associate of the applicant is a fit and proper person to be a close associate of the holder of a paintball operator licence; and (b) the Commissioner is satisfied the applicant is able to meet the storage and safety requirements under this Act; and (c) the premises are approved under section 49A. 10A General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence The Commissioner may refuse to grant a firearms dealer licence firearms corporate licence, firearms museum licence or firearms club licence if, in respect of the particular application: (a) the representative does not hold a licence; or (b) the Commissioner is not satisfied the representative would be granted a licence under section 10 if he or she were to apply for a licence. 11 Genuine reason for licence (1) The Commissioner is not to grant a licence: (a) unless satisfied that the applicant has a genuine reason for possessing or using firearms; and (b) in respect of a category C firearm, category D firearm or category H firearm, unless satisfied that the applicant has a genuine need for possessing or using firearms of that category; and (c) unless satisfied that the applicant meets the requirements under this Act in respect of that reason or need. (2) The genuine reasons for possessing or using firearms are any of the following: (a) sports shooting; (b) recreational shooting or hunting; -- 30 of 158 -- Part 3 Licences Division 2 General provisions Firearms Act 1997 21 (c) primary production; (d) vertebrate pest animal control; (e) business or employment; (f) occupational requirements; (g) animal protection; (h) firearms collection; (j) museum display; (k) inheritance; (m) instruction in firearms use and safety; (n) paintball operator or employee. (3) The Regulations may provide that the genuine reasons for possessing or using a specified category of firearm are limited to only one or some of the reasons specified in subsection (2). Division 2 General provisions 12 Form of licence A licence is to contain: (a) the prescribed particulars; and (b) if the holder is an individual – a recent photograph of the holder obtained in accordance with the approved arrangements. 13 General conditions of licence (1) A licence is subject to the conditions that the holder: (a) must comply with the relevant safe keeping and storage requirements under this Act; and (b) must not permit any other person to possess or use a firearm in the holder's possession if that other person is not authorised to possess or use the firearm; and (c) must permit a police officer to inspect, at any reasonable time, the holder's facilities for the storage and safe keeping of the firearms in the holder's possession; and -- 31 of 158 -- Part 3 Licences Division 2 General provisions Firearms Act 1997 22 (d) must not possess, at any one time, an amount of ammunition that exceeds the amount authorised in writing by the Commissioner. (2) In addition to subsection (1), a licence is subject to: (aa) any other conditions imposed under this Act; and (a) the conditions that are prescribed; and (b) the conditions specified by the Commissioner. (2A) The Commissioner may: (a) revoke or vary a condition of a licence imposed under subsection (2)(b); or (b) during the period of a licence, specify further conditions under subsection (2)(b) to which the licence is subject. (3) A licence is not transferable. 14 Period of licence (1) Subject to this Act: (a) a shooter's licence that authorises the possession or use of: (i) category A or category B firearms remains in force for 10 years; and (ii) category C firearms remains in force for 5 years; and (iii) category D firearms remains in force for 5 years or a shorter period as determined by the Commissioner and specified in the licence; and (iv) category H firearms remains in force for 5 years; and (b) a firearms club junior licence remains in force until the holder attains the age of 18 years; and (c) a firearms armourer licence remains in force for 5 years; and (ca) a firearms dealer licence remains in force for 5 years; and (d) a firearms corporate licence remains in force for 10 years or the shorter period specified in the licence; and (e) a firearms collector licence remains in force for 10 years; and -- 32 of 158 -- Part 3 Licences Division 3 Shooter's licence Firearms Act 1997 23 (ea) an antique firearms collector licence remains in force for the life of the licence holder; and (f) a firearms club licence remains in force for 5 years; and (g) a firearms instructor licence remains in force for 5 years; and (ga) a firearms employee licence remains in force for 10 years or the shorter period specified in the licence; and (h) a paintball operator licence remains in force for 5 years ;and (i) a paintball employee licence remains in force for 5 years or the shorter period specified in the licence. (1A) If a person holds a shooter's licence that authorises the possession or use of more than one category of firearm, the shooter's licence remains in force for the shortest period prescribed under subsection (1) in respect of the categories of firearm to which the licence relates. (2) Subject to this Act, a licence expires 3 months after the holder ceases to reside permanently in the Territory. (3) A licence is not renewable and a fresh application must be made for the grant of a new licence as required. (4) Despite subsection (1), a licence continues in force beyond its expiry if, before the expiry: (a) the licensee has lodged an application under section 9 for a new licence of the same type; and (b) the licence has not been granted or refused under section 10. (5) A licence continued in force by subsection (4) expires on the grant or refusal referred to in subsection (4)(b), unless earlier revoked. Division 3 Shooter's licence 15 Shooter's licence A shooter's licence authorises the holder to possess and use only firearms of a category specified in the licence. -- 33 of 158 -- Part 3 Licences Division 3A Category H sports shooter's licence Firearms Act 1997 24 Division 3A Category H sports shooter's licence 15A Category H sports shooter's licence (1) A category H sports shooter's licence authorises the holder to possess only prescribed category H firearms. (2) The holder of a category H sports shooter's licence is authorised to use a firearm under the licence only at an approved firearms club. 15B Procedure for obtaining licence (1) A person who wishes to obtain a category H sports shooter's licence must be (or become) a shooting member of an approved firearms club. (2) A person may apply for a category H sports shooter's licence if the person: (a) is a shooting member of an approved firearms club; and (b) has satisfactorily completed an approved firearm safety training course; and (c) holds, and has held for at least 3 months, a permit to use category H firearms under supervision for sports shooting. (3) Subsection (2)(c) does not apply in relation to a person who, at the time of applying for a category H sports shooter's licence, is the holder of: (a) a category H sports shooter's licence; or (b) a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting; or (c) a corresponding licence. 15C Conditions of licence A category H sports shooter's licence is subject to the following conditions: (a) the only firearms that can be registered under the licence are prescribed firearms; (b) the holder of the licence must be a member of an approved firearms club; -- 34 of 158 -- Part 3 Licences Division 4 Firearms dealer licence Firearms Act 1997 25 (c) the holder of the licence can use firearms under the licence only at an approved firearms club; (d) the holder of the licence must participate in category H sports shooting events at the prescribed participation rate or satisfy the Commissioner as to the reason the holder was unable to participate at that rate. Division 4 Firearms dealer licence 16 Firearms dealer licence A firearms dealer licence authorises the holder to possess, use and deal in only firearms of a category specified in the licence. 16A Information about close associates of firearms dealers (2) If the holder of a firearms dealer licence becomes aware that the close associates of the holder have changed since the submission to the Commissioner of the holder's most recent application for a licence or most recent declaration under this section, the holder must submit to the Commissioner within 7 days of this subsection coming into operation or of the change to the close associates (whichever is the later) a declaration: (a) notifying the Commissioner in writing of that fact; and (b) setting out the name and address of each person who is a close associate of the holder and particulars of the nature of the person's association with the holder. (3) The Commissioner may, by written notice served on the holder of a firearms dealer licence, require the holder to submit to the Commissioner within the time specified in the notice and in the approved form: (a) a declaration to the effect that: (i) the holder (and no other person) is the person primarily responsible for the control and management of the firearms dealing business that is carried on under the licence; or (ii) another person or other persons (whether instead of or in addition to the holder) are primarily responsible for the control and management of that business; and -- 35 of 158 -- Part 3 Licences Division 4 Firearms dealer licence Firearms Act 1997 26 (b) a declaration: (i) to the effect that the close associates of the holder have not changed since the submission to the Commissioner of the holder's most recent application for a licence or most recent declaration under this section; or (ii) setting out the name and address of each person who is a close associate of the holder and particulars of the nature of the person's association with the holder. (4) A person must not: (a) fail to make a declaration as required by this section; or (b) in a declaration under this section, make a statement or provide information that the person knows is false or misleading in a material particular. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. 16B Possession of firearms held under firearms dealer licence The holder of a firearms dealer licence must not permit a person to possess a firearm held under the licence unless: (a) the person is an employee of the holder and holds a firearms employee licence and the firearm is in the possession of the person for a purpose relating to the person's duties as an employee; or (b) the person is a prospective purchaser of the firearm and is under the immediate and continuous supervision of an employee of the holder. Maximum penalty: 200 penalty units or imprisonment for 12 months. 17 Security measures required by dealer (1) The holder of a firearms dealer licence must ensure that all firearms possessed under the licence are stored in accordance with: (a) the safe keeping and storage requirements under this Act; and -- 36 of 158 -- Part 3 Licences Division 4 Firearms dealer licence Firearms Act 1997 27 (b) the safe keeping and storage requirements determined by the Commissioner. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) Subsection (1) does not apply to or in relation to a firearm: (a) in the actual possession; or (b) being displayed to a person under the immediate and continuous supervision; of the holder of the firearms dealer licence or an employee of the holder in the normal course of business of the holder. (3) The holder of a firearms dealer licence or a firearms employee licence may, in the normal course of the business of the holder of the firearms dealer licence, remove a firearm from the premises used by the holder under the licence: (a) to demonstrate the firearm to, for or on behalf of a prospective purchaser; or (b) to test the firearm. 18 Records and returns to be kept by dealers (1) The holder of a firearms dealer licence must keep and maintain a register containing the prescribed particulars of all firearms and firearm parts possessed under the licence. (2) The holder of a firearms dealer licence must, not later than 24 hours after a sale or purchase of a firearm or firearm part by the holder or an employee of the holder, record in the holder's register the prescribed particulars of the firearm or firearm part and the prescribed details of the sale or purchase. (3) The holder of a firearms dealer licence must, not later than 7 days after a transaction involving the sale, purchase or storage of a firearm or firearm part, give the Commissioner a record of the transaction in the approved form. (4) The holder of a firearms dealer licence must, on demand by a police officer: (a) produce a record required to be kept under this section to the officer and permit the officer to inspect and make copies of any entries in it; and -- 37 of 158 -- Part 3 Licences Division 4 Firearms dealer licence Firearms Act 1997 28 (b) provide to the officer any information in the holder's possession with respect to any firearm or firearm part that has been purchased or received under the authority of the firearms dealer licence, or that the person has in his or her possession or has sold or otherwise transferred under the authority of the licence. (5) A person must not alter an entry in a record required to be kept under this section other than by interlineation or striking out that does not make the entry illegible. (6) The holder of a firearms dealer licence must, not later than 24 hours after becoming aware of the loss, theft or destruction of a firearm or firearm part that was in the possession of the holder, notify the Commissioner of the loss, theft or destruction in the approved form. (7) The holder of a firearms dealer licence must ensure that a record required by this Act to be kept by the holder is kept in a place of safe keeping. (8) The holder of a firearms dealer licence must, if written notice is served on the holder by the Commissioner, provide to the Commissioner, not later than the time specified in the notice and in the form provided by the Commissioner, the particulars relating to the purchase, receipt, sale or possession by the holder of any firearms or firearm parts as are required by the notice. Maximum penalty: 20 penalty units or imprisonment for 6 months. 19 Production of firearms (1) A police officer may require the holder of a firearms dealer licence or an employee of the holder to produce a firearm that is in the person's possession. (2) The person must comply with the requirement. Maximum penalty: 20 penalty units or imprisonment for 6 months. (3) On production of a firearm, the police officer may inspect and test it. 21 Interstate transactions between dealers Despite anything to the contrary in this Act, the holder of a firearms dealer licence is, for the purposes of a transaction between the holder and the holder of a corresponding licence, authorised to buy a firearm from the holder of that corresponding licence. -- 38 of 158 -- Part 3 Licences Division 5 Firearms armourer licence Firearms Act 1997 29 Division 5 Firearms armourer licence 22 Firearms armourer licence (1) A firearms armourer licence authorises the holder to possess, use, repair, manufacture, modify, service and store only firearms of a category specified in the licence. (2) The holder of a firearms armourer licence, or a partner or an employee of the holder, with the authority of the holder, may, in the normal course of the business of the holder, remove a firearm from premises used by the holder under the licence to test it. (3) The holder of a firearms armourer licence must ensure that all firearms possessed under the licence are stored in accordance with: (a) the safe keeping and storage requirements under this Act; and (b) the safe keeping and storage requirements determined by the Commissioner. Maximum penalty: 50 penalty units or imprisonment for 12 months. (4) Subsection (3) does not apply to or in relation to a firearm in the actual possession of the holder, or a partner or an employee of the holder, in the normal course of the business of the holder. 22A Records to be kept by firearms armourer (1) The holder of a firearms armourer licence is to record in the approved form the particulars of: (a) each firearm that has come into the holder's possession under the licence; and (b) each firearm that is no longer in the holder's possession. (2) A record required to be kept under subsection (1) must be made within 24 hours after a firearm comes into, or is no longer in, the possession of the holder of the firearms armourer licence. (3) The holder of a firearms armourer licence must provide to the Commissioner a copy of a record required to be kept under subsection (1) not later than 7 days after the end of March, June, September and December in each year. -- 39 of 158 -- Part 3 Licences Division 6 Firearms collector licence Firearms Act 1997 30 (4) A holder of a firearms armourer licence who fails to comply with this section commits an offence. Maximum penalty: 20 penalty units or imprisonment for 6 months. 23 Production of firearms and records (1) A police officer may require the holder of a firearms armourer licence, or a partner or employee of the holder, to produce a firearm in his or her possession or a record required to be kept under this Act. Maximum penalty: 20 penalty units or imprisonment for 6 months. (2) A police officer may: (a) examine a record mentioned in subsection (1); and (b) make copies of, or take extracts from, the record; and (c) retain the record for such reasonable period as the officer thinks fit. Division 6 Firearms collector licence 24 Firearms collector licence (1) A firearms collector licence authorises the holder to possess and display only firearms of a category specified in the licence. (1A) A firearms collector licence that authorises the possession of category H firearms does not authorise the holder of the licence to possess category H firearms that were manufactured after 31 December 1946 unless the holder is a student of arms. (2) The holder of a firearms collector licence must ensure that all firearms possessed under the licence are stored in accordance with: (a) the safe keeping and storage requirements under this Act; and (b) the safe keeping and storage requirements determined by the Commissioner. Maximum penalty: 50 penalty units or imprisonment for 12 months. -- 40 of 158 -- Part 3 Licences Division 6A Antique firearms collector licence Firearms Act 1997 31 (3) On the request of a police officer, the holder of a firearms collector licence must allow the officer to: (a) inspect all firearms in the holder's possession under the licence; and (b) inspect the premises and the receptacles in which the firearms are kept. Maximum penalty: 20 penalty units or imprisonment for 6 months. 25 Use of firearm under firearms collector licence (1) The holder of a firearms collector licence must not use, or carry for the purpose of using, a firearm to which the licence relates unless he or she does so in accordance with a permit. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) The Commissioner is, by notice served on the holder of a firearms collector licence, to revoke the licence where the holder is found guilty of an offence against subsection (1). Division 6A Antique firearms collector licence 25A Antique firearms collector licence (1) An antique firearms collector licence authorises the holder to possess and display only firearms: (a) of a category specified in the licence; and (b) that were manufactured before 1 January 1900. (2) The holder of an antique firearms collector licence must ensure that all firearms in the holder's possession under the licence are stored in accordance with: (a) the safe keeping and storage requirements under this Act; and (b) the safe keeping and storage requirements determined by the Commissioner. -- 41 of 158 -- Part 3 Licences Division 9 Firearms club junior licence Firearms Act 1997 32 Division 7 Firearms corporate licence 26 Firearms corporate licence (1) A firearms corporate licence authorises the holder to possess only firearms of a category specified in the licence. (2) The holder of a firearms corporate licence must not permit a person to possess or use a firearm held under the licence unless the person: (a) is the holder of a firearms employee licence, is an employee of the holder of the corporate licence, and the firearm is in the possession of the person for a purpose relating to his or her duties as an employee; or (b) is the holder of a firearms instructor licence, is an employee or is otherwise engaged by the holder of the corporate licence in the capacity of an instructor, and the firearm is in the possession of the person for a purpose relating to his or her duties as an employee or instructor; or (c) holds a relevant permit to possess and use a firearm of the type possessed under the corporate licence and the possession and use is in accordance with the conditions applying to the corporate licence. Maximum penalty: If the offender is an individual – 200 penalty units or imprisonment for 12 months. If the offender is a body corporate – 1 000 penalty units. Division 9 Firearms club junior licence 28 Firearms club junior licence A firearms club junior licence authorises the holder to possess and use only firearms of a category specified in the licence and only: (a) when under the personal supervision of the holder of a licence who is authorised to possess or use firearms of the same category; and (b) for the purpose of receiving instruction in the safe use of firearms at an approved shooting range or competing in an approved event. -- 42 of 158 -- Part 3 Licences Division 12 Firearms club licence Firearms Act 1997 33 Division 10 Firearms museum licence 29 Firearms museum licence A firearms museum licence authorises the holder to exhibit and show only firearms of a category specified in the licence. 29A Possession of firearms held under firearms museum licence The holder of a firearms museum licence must not permit a person to possess a firearm held under the licence unless: (a) the person is: (i) the holder of a firearms employee licence; and (ii) an employee of the holder of the firearms museum licence; and (b) the firearm is in the possession of the person for a purpose relating to the person's duties as an employee. Maximum penalty: 200 penalty units or imprisonment for 12 months. Division 11 Firearms heirloom licence 30 Firearms heirloom licence A firearms heirloom licence authorises the holder to possess only a firearm, or firearms of a matched pair or set, specified in the licence. Division 12 Firearms club licence 30A Firearms club licence (1) A firearms club licence authorises: (a) the holder of the licence; and (b) the members of the firearms club; and (c) persons permitted by the firearms club to be on premises occupied by it and approved under section 49(2); to possess and use firearms of a category specified in the licence for sports shooting or training purposes. -- 43 of 158 -- Part 3 Licences Division 12 Firearms club licence Firearms Act 1997 34 (2) If a firearms club is licensed to use category H firearms, the club is authorised under the licence to conduct category H sports shooting events only if: (a) the category H sports shooting event is for a prescribed shooting discipline; and (b) the club is affiliated with the appropriate national or international body that administers the particular shooting discipline. 30B Records to be kept by firearms clubs (1) The holder of a firearms club licence must keep and maintain records containing: (a) the names and addresses of all present and past members for the firearms club; and (b) the financial status of members; and (c) for each member – particulars of competition shooting and events organised or co-ordinated by the firearms club that the member has participated including the date of the competition or event and the time when the member commenced and finished competing; and (d) the names of range officers and other persons responsible for conducting competition shooting and events organised or co-ordinated by the firearms club and the dates and times when they were responsible for conducting a competition or event. (2) The holder of a firearms club licence must, on demand by a police officer, produce to the officer a record required to be kept under subsection (1). Maximum penalty: 20 penalty units or imprisonment for 6 months. (3) A police officer may: (a) examine a record kept under subsection (1); and (b) make copies of, or take extracts from, the record; and (c) retain the record for any reasonable period that the officer thinks fit. -- 44 of 158 -- Part 3 Licences Division 13A Firearms employee licence Firearms Act 1997 35 (4) The holder of a firearms club licence must provide to the Commissioner within 3 months after the end of each financial year an annual report in the approved form giving the following details: (a) the name and address of each person who was a member of the firearms club during the year and whether or not the member was a financial member; (b) particulars of category H firearms held by each of those members; (c) particulars of participation in category H sports shooting events during the year by each of those members (if applicable), including the dates of the events. Maximum penalty: 100 penalty units. Division 13 Firearms instructor licence 30C Firearms instructor licence A firearms instructor licence authorises the holder to possess and use firearms of a category specified in the licence for the purpose of conducting approved firearms training and safety courses. Division 13A Firearms employee licence 30CA Firearms employee licence (1) A firearms employee licence held by a person who is employed by the holder of a firearms dealer licence or firearms museum licence authorises the person to do anything that the person's employer is authorised to do under the employer's licence but only: (a) in relation to firearms of a category specified in the firearms employee licence that are possessed by the person's employer; and (b) for a purpose relating to the person's duties as an employee. (2) A firearms employee licence held by a person who is employed by the holder of a firearms corporate licence authorises the person to possess and use firearms but only: (a) firearms of a category specified in the firearms employee licence that are possessed by the person's employer; and (b) for a purpose relating to the person's duties as an employee. -- 45 of 158 -- Part 3 Licences Division 14 Licences for paintball Subdivision 2 Paintball employee licences Firearms Act 1997 36 (3) If the holder of a firearms employee licence ceases to be employed by the holder of the firearms dealer licence, firearms corporate licence or firearms museum licence specified in the firearms employee licence, the firearms employee licence immediately expires. Division 14 Licences for paintball Subdivision 1 Paintball operator licences 30D Effect of licence A paintball operator licence authorises the holder, and the representative, to possess and use paintball firearms and pellets for carrying on the business of paintball operator at the paintball range specified in the licence. Subdivision 2 Paintball employee licences 30E Effect of licence A paintball employee licence authorises the holder to possess and use paintball firearms and pellets for purposes relating to the performance of the employee's duties as an employee of the approved paintball operator specified in the licence at the operator's approved paintball range. 30F Licence expires if holder ceases to be employee If the holder of a paintball employee licence ceases to be employed by the approved paintball operator specified in the licence, the licence immediately expires. 30G Disclosure of information by Commissioner to approved paintball operator (1) The Commissioner may give an approved paintball operator information held by the Commissioner about a paintball employee, or prospective paintball employee, of the operator (the relevant person). (2) The information given may only be information about: (a) an authority, or corresponding authority, of the relevant person that has been suspended or revoked within 5 years before the information is given; or -- 46 of 158 -- Part 4 Permits Firearms Act 1997 37 (b) an application for an authority, or corresponding authority, by the relevant person that has been refused within 5 years before the information is given; or (c) whether the operator is prohibited from employing the relevant person, and if so, the reason and period of the prohibition. (3) If a paintball employee licence is suspended or revoked, the Commissioner must inform the approved paintball operator specified in the employee's licence. (4) In this section: authority means a licence, permit or certificate of registration. Part 4 Permits 31 Grant of permits (1) The Commissioner may grant a permit for one or more of the following purposes: (a) to authorise a person to purchase, hire, lease or acquire a firearm; (b) to authorise the possession or use of a firearm by a person residing temporarily in the Territory; (c) to authorise the use by the holder of a firearms collector licence of a firearm possessed under the licence; (d) to authorise the possession or use of firearms for film, theatrical productions or other artistic purposes; (e) to authorise the acquisition, sale or transfer of a firearm in such circumstances as may be prescribed; (f) to authorise the shortening or conversion of a firearm; (fa) to authorise the temporary possession or use of a firearm by the holder of a licence for a specified reason not covered by the holder's licence; (fb) to authorise a person to use under supervision a category H firearm for sports shooting at an approved firearms club; (fc) to authorise an approved firearms club to permit a person or class of persons to use under supervision a category H firearm for sports shooting at the firearms club; -- 47 of 158 -- Part 4 Permits Firearms Act 1997 38 (fd) to authorise an approved paintball operator, and the representative, to possess and use paintball firearms and pellets for carrying on the operator's business specified in the permit at the temporary paintball range specified in the permit; (fe) to authorise the holder, and employees of the holder, to possess, purchase and sell only ammunition of a category specified in the permit; (g) to authorise anything else for which provision is made by the Regulations and required by the Regulations to be authorised by a permit. (2) The Commissioner must not grant a permit for the purpose specified in subsection (1)(fb) unless the application is accompanied by: (a) an endorsement from an approved firearms club to the effect that: (i) the applicant is a member of the club; and (ii) the applicant has provided the club with: (A) details of the applicant's membership of any other firearms clubs and the firearms owned by the applicant; and (B) at least 2 character references from persons who have known the applicant for at least 2 years; and (iii) the club supports the application; and (b) an authority from the applicant authorising the Commissioner to disclose to the club the applicant's criminal history at any time while the permit is in force. (3) The Commissioner may grant a permit to authorise a person to do any or all of the things that may be authorised under a firearms armourer licence. (4) Part 3, Division 5 applies (with the necessary changes) to the holder of a permit under subsection (3) as if the person were the holder of a firearms armourer licence. 32 Application for permit (1) An application for a permit is to be: (a) in the approved form; and -- 48 of 158 -- Part 4 Permits Firearms Act 1997 39 (b) accompanied by the determined fee; and (c) lodged with the Commissioner. (2) Also, the applicant must give the Commissioner the further information requested by the Commissioner for considering the application. (3) In addition, an application for a permit to carry on the business of paintball operator at a temporary paintball range must: (a) describe the applicant's proposed business at the paintball range and the period for which the permit is required; and (b) specify the names and addresses of the following persons: (i) the person who will be primarily responsible for the control and management of the business (the representative); (ii) prospective paintball employees of the business; and (c) specify: (i) the name and address of each person who is a close associate of the applicant; and (ii) particulars of the nature of the person's association with the applicant. (4) An application for an ammunition retail permit must, if the applicant is a body corporate, specify the name of the person (who must be an employee of the applicant) who will be the representative of the holder of the permit in respect of activities conducted under the permit. 33 General restrictions on granting permits (1) The Commissioner is not to grant a permit unless satisfied that the applicant: (a) is at least 18 years of age unless: (i) the applicant is the holder of a firearms club junior licence; or (ii) the permit is to use under supervision a category H firearm for sports shooting at an approved firearms club; and (b) is a fit and proper person; and -- 49 of 158 -- Part 4 Permits Firearms Act 1997 40 (c) has not, within 10 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of a disqualifying offence; and (ca) has not, within 5 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of an offence of violence; and (cb) is able to meet the storage and safety requirements prescribed under this Act or approved by the Commissioner; and (d) does not have a final domestic violence order in force against him or her and has not, within 5 years before the application for the permit was made, had a final domestic violence order in force against him or her; and (da) does not have a personal violence restraining order in force against him or her; and (e) is not subject to an order, made in the Territory or elsewhere, to keep the peace; and (f) if the applicant is the holder of a firearms junior club licence: (i) the applicant is at least 16 years of age and represents the Territory in competition shooting at national or international level; and (ii) the application is accompanied by a written endorsement from the governing body in the Territory for the disciplines in which the applicant shoots that the applicant is a representative of the Territory. (1A) The Commissioner is not to grant a permit if the applicant is prohibited from holding a licence to own or possess a firearm: (a) under this or any other Act; or (b) under an Act of the Commonwealth, a State or another Territory; or (c) by an order or direction of a court (whether made or given in the Territory or elsewhere). -- 50 of 158 -- Part 4 Permits Firearms Act 1997 41 (2) Without limiting subsection (1), the Commissioner is not to grant a permit if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's way of living or domestic circumstances; or (b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury; or (c) the applicant's intemperate habits or being of unsound mind. (3) The Commissioner may refuse to grant a permit if the Commissioner considers that to grant the permit would be contrary to the public interest. (3A) The Commissioner must refuse to grant a permit if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that: (a) the applicant is a risk to public safety; and (b) the grant of the permit would be contrary to the public interest. (3B) The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a permit on the grounds mentioned in subsection (3A). (3C) The Commissioner may refuse to grant an ammunition retail permit if, in respect of the particular application the Commissioner is not satisfied the representative would be granted a permit under this section if the representative were to apply for a permit. (4) The Regulations may provide other mandatory or discretionary grounds for refusing to grant a permit. (5) This section does not apply to an application for a paintball operator permit. 33A Possession and use of firearms by international competitors (1) An international competitor may possess or use a firearm for the sole purpose of competing in an approved shooting competition if he or she is the holder of: (a) a permit; or (b) a corresponding permit; -- 51 of 158 -- Part 4 Permits Firearms Act 1997 42 that authorises the possession or use of the firearm for that purpose. (2) Despite section 33, the Commissioner may grant a permit to an international competitor for the sole purpose of competing in an approved shooting competition if: (a) the applicant provides the Commissioner with the prescribed information; and (b) the Commissioner is satisfied that the applicant is a fit and proper person to possess or use a firearm of the category to which the permit relates. 34 General provisions relating to permits (1) A permit is subject to: (a) the conditions that are prescribed; and (b) the conditions specified by the Commissioner. (1A) The Commissioner may: (a) revoke or vary a condition of a permit imposed under subsection (1)(b); or (b) during the period of a permit, specify further conditions under subsection (1)(b) to which the permit is subject. (2) A permit remains in force for the period determined by the Commissioner and specified in the permit. (3) The Commissioner may suspend or revoke a permit for any reason for which a licence may be suspended or revoked or that may be prescribed. (4) The suspension or revocation of a permit takes effect when notice is served on the holder of the permit. (5) If a permit is suspended or revoked, the person to whom it was granted must immediately surrender it, and any firearm or ammunition in respect of which it was granted, to a police officer. Maximum penalty: 50 penalty units or imprisonment for 12 months. (6) A police officer may seize a firearm or ammunition in respect of which a permit was granted if the permit is suspended or revoked. -- 52 of 158 -- Part 4 Permits Firearms Act 1997 43 (7) Subject to this Act, a permit expires 3 months after the holder ceases to reside in the Territory. 35 Permits to purchase or acquire firearms (1) The holder of a licence may apply to the Commissioner for a permit to purchase or acquire a firearm. (2) A separate permit to purchase or acquire a firearm is required for each firearm to be purchased or acquired. (3) The Commissioner: (a) is not to grant a permit to a person to purchase or acquire a firearm unless the person is the holder of a licence authorising the person to use or possess the firearm concerned; and (b) may refuse to grant a permit to purchase or acquire a firearm to a person who is the holder of a firearms club junior licence. (4) Subject to subsection (5), the Commissioner is not to grant to a person a permit to purchase or acquire a firearm until after the end of the period of 28 days after the day on which the application for the permit is made. (5) The Commissioner may grant a permit to a person to purchase or acquire a firearm before the expiration of the period mentioned in subsection (4) if the checks prescribed by regulation have been completed and: (a) the person: (i) holds a licence and owns a registered firearm; and (ii) has established a genuine need for owning the firearm to be purchased or acquired; or (b) if the permit is for the purchase or acquisition of a category A firearm or category B firearm – the person: (i) holds a licence for the category of firearm to be purchased or acquired; and (ii) owns a registered firearm of the same category as the firearm to be purchased or acquired. (6) Unless revoked, a permit to purchase or acquire a firearm remains in force for the period specified in the permit or until the firearm to which the permit relates is purchased or acquired, whichever is the sooner. -- 53 of 158 -- Part 4 Permits Firearms Act 1997 44 35A Permits for category H sports shooters (1) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to purchase or acquire a firearm unless the holder has, at all times during the 6 months before the application for the permit, held one or the other of the following: (a) a category H sports shooter's licence; (b) a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting. (2) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to acquire a firearm unless the permit is for a prescribed firearm. (3) The Commissioner must not grant to the holder of a category H sports shooter's licence a permit to acquire a firearm if the acquisition under the permit would result in the holder exceeding the limits on firearm ownership specified in section 35B. (4) The Commissioner may grant to the holder of a category H sports shooter's licence a permit to acquire a firearm only if the application for the permit is accompanied by an endorsement by an approved firearms club: (a) to the effect that: (i) the applicant is, and has been for more than 6 months, a shooting member of the firearms club; and (ii) the applicant has complied with the licence condition specified in section 15C(d); and (iii) the club supports the application for a permit; and (b) giving details of the shooting disciplines the firearm to be purchased under the permit is to be used for at the club; and (c) confirming that the applicant has adequate storage facilities to cater for the firearm to be purchased under the permit; and (d) if the permit sought relates to a firearm with a calibre greater than .38", confirming that: (i) the firearm is intended for use in a specially accredited discipline; and -- 54 of 158 -- Part 4 Permits Firearms Act 1997 45 (ii) the applicant is affiliated with the appropriate national or international body that administers the particular shooting discipline; and (e) providing any further particulars that the Commissioner requires. 35B Limits on firearm ownership under category H sports shooter's licence (1) The holder of a category H sports shooter's licence who has, at all times during the preceding 6 months, held one or the other of the following: (a) a category H sports shooter's licence; (b) a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting; may hold only the following firearms under the licence: (c) one .22" calibre pistol or one centrefire pistol; (d) one .177" air pistol; (e) one black powder muzzle loading pistol or one cap and ball percussion fired revolver. (2) The holder of a category H sports shooter's licence who has, at all times during the preceding 12 months, held one or the other of the following: (a) a category H sports shooter's licence; (b) a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting; may, in addition to the firearms permitted to be held under subsection (1), hold other firearms under the licence if the holder: (c) demonstrates a genuine need for the additional firearms, including by specifying the category H sports shooting discipline for which the firearms are required; and (d) has adequate storage facilities to cater for the additional firearms. -- 55 of 158 -- Part 5 Registration of firearms Firearms Act 1997 46 35C Permits under firearms collector licence (1) The Commissioner must not grant a permit to the holder of a firearms collector licence for a firearm manufactured on or after 1 January 1947 unless: (a) the holder is a student of arms; and (b) the firearm for which the permit is sought fits within the theme of the holder's firearms collection and will enhance the collection's historical or commemorative value. (2) A student of arms is a person who: (a) is the holder of a firearms collector licence; and (b) is, and has been for at least 12 months, a member of an approved historical firearms collector's society and the society recognises the person to be a student of arms; and (c) can demonstrate regular attendance at meetings of the society and participation in displays held by the society; and (d) can demonstrate that the person's firearms collection has a thematic structure and historical or commemorative value; and (e) possesses a research library or contributes to the literature on the theme of the person's collection. 35D Restriction on granting paintball operator permit The Commissioner must not grant a paintball operator permit if the applicant would not be entitled to be granted a paintball operator licence to carry on the business of paintball operator at the paintball range for which the permit is sought. Part 5 Registration of firearms 36 Registration of firearms (1) An application to register a firearm is to be: (a) in the approved form; and (b) accompanied by the determined fee; and (c) lodged with the Commissioner. (2) Subject to this section, the Commissioner is to register a firearm that is the subject of an application. -- 56 of 158 -- Part 5 Registration of firearms Firearms Act 1997 47 (3) The Commissioner: (a) is not to register a firearm unless the applicant is the holder of a licence that permits the holder to possess firearms of the category of the firearm to be registered; and (b) may refuse to register a firearm if the applicant is the holder of a firearms club junior licence. (4) The Commissioner may refuse to register a firearm if it is not produced to a police officer for inspection. (5) The Commissioner registers a firearm by entering in the register particulars of the firearm and particulars relating to the person in whose name it is registered. (6) The Commissioner is to issue a certificate of registration to a person in whose name a firearm is registered where: (a) the firearm is registered in accordance with subsection (5); or (b) the Commissioner records in the register a change in the particulars relating to the person in whose name a firearm is registered. 37 Duration of registration (1) A firearm ceases to be registered: (a) if the person in whose name it is registered dies or, for a firearm registered in the name of a corporation, the corporation is dissolved; or (b) if it is sold or otherwise disposed of; or (c) if it is lost or stolen; or (d) if it is altered in a way: (i) that affects its safety or fitness for use; or (ii) that it becomes a firearm of a different category from the category specified in the certificate of registration relating to it. (2) Where a person was, immediately before his or her death, the holder of a certificate of registration for a firearm, the personal representative of the person is, for 28 days or any longer period that the Commissioner in writing allows, taken to be the holder of the certificate of registration for the purpose of disposing of the -- 57 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 48 firearm in accordance with this Act. (3) A certificate of registration expires 3 months after the holder ceases to reside permanently in the Territory. Part 6 Surrender or revocation of licences, permits and certificates of registration 38 Suspension of licence, permit or registration (1) The Commissioner may, if satisfied there may be grounds for revoking a licence, permit or certificate of registration, suspend the licence, permit or certificate by serving written notice on the holder. (2) A notice under subsection (1) is to: (a) state that the licence, permit or certificate is suspended and the reasons for suspending it; and (b) request the holder to provide the Commissioner with reasons why the licence, permit or certificate should not be revoked. (3) A licence, permit or certificate of registration is suspended for the period, not longer than 28 days, specified in the notice. (4) The holder of a licence, permit or certificate of registration suspended under this section is not authorised to possess or use a firearm of the category or the firearm, as the case may be, specified in the licence, permit or certificate during the period of the suspension. 39 Suspension on making of interim domestic violence order (1) A licence, permit or certificate of registration is automatically suspended on the making of an interim domestic violence order or interim personal violence restraining order against the holder and the suspension remains in force until the order is confirmed or revoked. (2) If a licence, permit or certificate of registration is automatically suspended by subsection (1), the person to whom it is granted must immediately: (a) surrender the suspended licence, permit or certificate of registration to a police officer; and -- 58 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 49 (b) deliver a firearm in respect of which the licence, permit or certificate is granted to a member of the Police Force. Maximum penalty: 50 penalty units or imprisonment for 12 months. 40 Revocation of licence, permit or registration (1) A licence, permit or a certificate of registration is automatically revoked: (a) on a final domestic violence order, a personal violence restraining order or an order to keep the peace being made against the holder; or (b) on the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act. (2) The Commissioner is, by written notice served on the holder of a licence or permit, to revoke the licence or permit if satisfied that the holder has failed to comply with a condition of the licence or permit that is prescribed for this subsection. (2A) The Commissioner must, by written notice served on the holder of a licence or permit, revoke the licence or permit if satisfied that the loss or theft of a firearm was due to the negligence or fraud of the holder. (3) The Commissioner may, by written notice served on the holder of a licence, permit or certificate of registration, revoke the licence, permit or certificate: (a) for any reason for which the holder would be required to be refused a licence or permit of the same kind or a certificate of registration; or (b) if the holder supplied information that was false or misleading in a material particular in, or in connection with, the application for the licence, permit or certificate of registration; or (c) if the holder is found guilty of an offence against a law in force in the Territory, or an offence in a State or another Territory, (whether committed before or after the granting of the licence, permit or certificate) relating to a firearm or the possession or use of a firearm or any other offence that, in the opinion of the Commissioner, makes the holder not fit to possess or use a firearm or to hold a licence, permit of the kind held or a certificate; or -- 59 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 50 (d) in the case of a licence or permit, if the holder contravenes a condition of the licence or permit; or (e) if the Commissioner is of the opinion that the holder is no longer a fit and proper person to hold the licence, permit or certificate; or (f) in the case of a firearms dealer licence, if: (i) the holder is not in charge of the premises used under the licence to carry on the business; or (ii) the holder no longer deals in firearms; or (iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or (g) in the case of a firearms armourer licence, if: (i) the holder is not in charge of the premises used under the licence to carry on the business; or (ii) the holder no longer repairs or stores firearms; or (iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or (h) in the case of a firearms collector licence, if: (i) the holder of the licence is no longer a bona fide collector of firearms or is not, or will no longer be, in charge of the premises where the firearms are usually kept; or (ii) the premises where the firearms are usually kept are no longer satisfactory for the storage or safe keeping of the firearms; or (j) in the case of a firearms corporate licence, if: (i) the holder no longer has a good reason for employees to possess or use firearms; or (ii) the holder's premises are no longer satisfactory for the storage or safe keeping of firearms; or (k) in the case of a firearms employee licence, if the holder is no longer carrying out the duties in relation to which the licence was granted; or -- 60 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 51 (l) in the case of a paintball operator licence or permit, if: (i) the holder is no longer entitled to use the approved paintball range; or (ii) the holder no longer carries on the business of paintball operator at the approved paintball range. (4) The revocation of a licence, permit or certificate of registration under subsection (2), (2A), or (3) takes effect when the notice is served on the holder or on a later date specified in the notice, irrespective of whether the holder applies to NTCAT under section 50 for review of the Commissioner's decision. (5) A person must, immediately after a notice under this section is served on him or her, or where in the notice the person is allowed time to sell or otherwise dispose of the firearm, not later than the time so allowed: (a) surrender the revoked licence, permit or certificate of registration to the Commissioner; and (b) subject to section 44, deliver a firearm in respect of which the licence, permit or certificate was granted to a police officer. Maximum penalty: 50 penalty units or imprisonment for 12 months. (6) If a licence, permit or certificate of registration is automatically revoked by subsection (1), the person to whom it was granted must immediately: (a) surrender the revoked licence, permit or certificate of registration to a police officer; and (b) deliver a firearm in respect of which the licence, permit or certificate was granted to a police officer. Maximum penalty: 50 penalty units or imprisonment for 12 months. 40A Revocation on basis of criminal intelligence (1) The Commissioner must revoke a licence, permit or certificate of registration if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the holder of the licence or permit, the representative for the licence or permit or the person in whose name the firearm is registered, that: -- 61 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 52 (a) the holder, representative or person is a risk to public safety; and (b) the holding of the licence or permit or the registration would be contrary to the public interest. (2) The Commissioner is not, under this or any other Act or law, required to give reasons for revoking a licence, permit or certificate of registration on the grounds mentioned in subsection (1). 40B Seizure of firearms on revocation (1) If a licence, permit or certificate of registration is: (a) suspended by the Commissioner under section 38; or (b) automatically suspended under section 39; or (c) automatically revoked under section 40; or (d) revoked by the Commissioner under section 40 or 40A; the Commissioner must cause notice of the suspension or revocation to be served personally on the person who was the holder of the licence or permit or in whose name the firearm was registered. (2) At the time of serving a notice under subsection (1), a police officer may, without a warrant and using the force that is necessary and with any necessary assistance, enter premises, a vessel, vehicle, aircraft or other place to search for and seize any firearm or ammunition in the possession of the person whose licence or permit has been suspended or revoked or in whose name a firearm was registered until the registration was suspended or revoked. 41 Surrender by holder (1) The holder of a licence, permit or certificate of registration may, by written notice to the Commissioner accompanied by: (a) the licence, permit or certificate; or (b) a statutory declaration setting out the reasons why the licence, permit or certificate is not accompanying the notice, surrender the licence, permit or certificate. (2) The surrender of a licence, permit or certificate of registration under subsection (1) takes effect when the notice is received by the Commissioner. -- 62 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 53 42 Suspension by police officer or Commissioner (1) A police officer in charge of a police station or with the rank of senior sergeant or higher may, by written notice served on the holder of a licence, permit or certificate of registration, suspend the licence, permit or certificate: (a) on the request of the holder; or (b) if the holder has been charged with an offence against a law in force in the Territory or in a State or another Territory relating to firearms (or any other offence that, in the opinion of the Commissioner would, if the person is found guilty, render the person not fit to possess or use a firearm or to hold a licence, permit or certificate of the kind held) and is awaiting the hearing of the charge; or (c) if the offficer believes on reasonable grounds that the holder is suffering from a physical or mental infirmity or incapacity and, as a result of possessing a firearm, may be a danger to the safety of the person or to another person, or to property; or (d) after receiving a report under section 101; or (e) if the officer believes, on reasonable grounds, that the person has made a statement that is false or misleading in a material particular in the application for the licence, permit or certificate. (1A) The Commissioner may, by written notice served on the holder of a licence, permit or certificate, suspend the licence, permit or certificate for a specified period or until conditions specified in the notice are complied with. (2) A person must, immediately after a notice under subsection (1) or (1A) is served on him or her or not later than the period specified in the notice, deliver to a police officer or to a person nominated by the person and approved by a police officer: (a) the licence, permit or certificate of registration; and (b) the firearm to which the notice relates. Maximum penalty: 50 penalty units or imprisonment for 12 months. -- 63 of 158 -- Part 6 Surrender or revocation of licences, permits and certificates of registration Firearms Act 1997 54 (3) If the person does not comply with the notice, a police officer may, without a warrant: (a) enter any place the officer reasonably believes the firearm may be found; and (b) search the place and seize the firearm. (4) The police officer may exercise the powers with the assistance, and using the force, that is reasonably necessary in the circumstances. 43 Refusal or revocation by Commissioner (1) If the Commissioner refuses to grant or revokes a licence, permit or certificate of registration, the applicant or the former holder may not apply for a licence or permit of the same type or for a certificate of registration: (a) until any conditions specified in the notice of refusal or revocation are met; or (b) during a period specified in the notice. (2) A person must, immediately after a notice under subsection (1) is served on him or her or not later than the period specified in the notice, deliver to a police officer or to a person nominated by the person and approved by a police officer: (a) the licence, permit or certificate of registration; and (b) any firearm to which the notice relates. Maximum penalty: 50 penalty units or imprisonment for 12 months. 44 Disposal of firearms (1) If the Commissioner under section 40 allows a person time to sell or otherwise dispose of a firearm, the person must, within the time specified in the notice of revocation, sell or otherwise dispose of the firearm, unless the person applies to NTCAT under section 50 for review of the Commissioner's decision. -- 64 of 158 -- Part 7 Safe keeping of firearms Firearms Act 1997 55 (2) If a person sells or disposes of a firearm under this section or in accordance with a decision made by NTCAT on review of the Commissioner's decision, the person must, not later than 2 working days after the sale or disposal, give to the Commissioner, by written notice, the approved particulars concerning the sale or disposal. Maximum penalty: 50 penalty units or imprisonment for 12 months. 45 Delivery of firearms to Commissioner for safekeeping (1) Subsection (2) applies to a person if: (a) the Commissioner: (i) revokes the person's licence, permit or certificate of registration under section 40; and (ii) allows the person time to sell or otherwise dispose of a firearm in the notice of revocation; and (b) the person applies to NTCAT under section 50 for review of the Commissioner's decision to revoke the licence, permit or certificate. (2) The person must deliver to the Commissioner for safe keeping all firearms that the person would be required to sell or otherwise dispose of in accordance with section 44 if the application to NTCAT had not been made. Maximum penalty: 50 penalty units or imprisonment for 12 months. Part 7 Safe keeping of firearms 46 Storage and safe keeping requirements (1) A person in possession of a firearm or ammunition: (a) must take all reasonable precautions to ensure that: (i) it is kept safely; and (ii) it is not stolen or lost; and (iii) it does not come into the possession of a person who is not authorised to possess it; and -- 65 of 158 -- Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges Firearms Act 1997 56 (b) must comply with the storage and safe keeping requirements under this Act that apply to the firearm or ammunition. Maximum penalty: If the offender is an individual – 50 penalty units or imprisonment for 12 months. If the offender is a body corporate – 250 penalty units. (2) Subsection (1)(b) does not apply in relation to a firearm if the person in possession of the firearm satisfies the Commissioner that the person has provided alternative arrangements for the storage and safe keeping of the firearm (and any ammunition) that are of a standard not less than the requirements under the Act. (3) The Regulations may specify the minimum standards for storage and safe keeping of firearms or classes of firearms (and ammunition). 47 Seizure of firearms if storage requirements not met A police officer may seize a firearm or ammunition that the officer has reasonable grounds to believe is not being stored in accordance with this Act. Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges 48 Premises used by firearms clubs and for shooting activities (1) A person who is a member of the management committee of a firearms club must not use, or knowingly permit another person to use, a firearm on premises occupied by the firearms club unless the premises are approved under section 49. (2) The occupier of premises used as a shooting gallery or amusement parlour must not permit a person to use a firearm on the premises unless the premises are approved under section 49. Maximum penalty: 20 penalty units or imprisonment for 6 months. 49 Approval of premises used by firearms clubs and for shooting activities (1) A person may apply to the Commissioner in the approved form for an approval under this section in respect of the premises specified in the application. -- 66 of 158 -- Part 8 Premises used by firearms clubs, for shooting activities and paintball ranges Firearms Act 1997 57 (2) The Commissioner is to, as soon as practicable after receiving an application under subsection (1), approve or refuse to approve the premises. (3) The Commissioner is to refuse to approve premises unless satisfied that the premises are equipped with approved safety equipment and the premises are located and constructed so that the use of firearms on the premises will not constitute a danger to persons on the premises or to the public in the vicinity of the premises. (4) The Commissioner may, when approving premises, or at any time while an approval remains in force, give a direction to a person concerning the use, control or administration of the premises for the preservation of public safety and the safety of the persons on the premises. (5) A person to whom a direction is given under subsection (4) must not contravene the direction. Maximum penalty: 50 penalty units or imprisonment for 12 months or, in the case of a body corporate, 200 penalty units. (6) The Commissioner may suspend, for a specified period or until specified conditions are complied with, or revoke an approval given under this section if satisfied that: (a) the premises are a danger to persons or to the public in the vicinity of the premises; or (b) a direction given under subsection (4) has not been complied with. 49A Approval of premises for use as paintball range (1) A person may apply to the Commissioner for an approval for the use of premises as a paintball range. (2) The application must be in the approved form. (3) The Commissioner must, as soon as practicable: (a) consider the application and approve or refuse it; and (b) give written notice to the applicant of the decision and, if refused, the reasons for it. -- 67 of 158 -- Part 8A Firearm prohibition orders Division 1 Interpretation Firearms Act 1997 58 (4) Without limiting subsection (3), the Commissioner must refuse the application unless satisfied: (a) the person has all necessary approvals for the use of the premises as a paintball range under the laws of the Territory; and (b) the premises are suitable for use as a paintball range; and (c) the use of firearms on the premises will not constitute a danger to persons on the premises or to the public in the vicinity of the premises. (5) In deciding whether premises are suitable for use as a paintball range, the Commissioner must consider: (a) if a building is constructed on the premises – its design and construction; or (b) if a building is to be constructed on the premises – its design and proposed construction. (6) The approval may be subject to the reasonable conditions the Commissioner considers appropriate. Part 8A Firearm prohibition orders Division 1 Interpretation 49B Definitions In this Part: affected person, see section 49L(2). firearm prohibition order means an order made under section 49E. firearm related item, see section 49C. prohibited premises, see section 49D. reviewable decision, see section 49L(1). 49C Meaning of firearm related item A firearm related item means any of the following: (a) ammunition; -- 68 of 158 -- Part 8A Firearm prohibition orders Division 1 Interpretation Firearms Act 1997 59 (b) a silencer; (c) an item that is designed as, or reasonably capable of forming, part of a firearm; (d) any other item prescribed by regulation. Examples for paragraph (c) A barrel, breech block, pistol slide, frame, receiver, cylinder, trigger mechanism, bolt, stock, grip, operating mechanism or magazine. 49D Meaning of prohibited premises A prohibited premises is any of the following: (a) the premises of a firearms dealer; (b) the premises of an armourer; (c) a shooting range; (d) a handgun target shooting club; (e) a firearm collectors club; (f) a shooting club; (g) a place where a shooting match is occurring; (h) a firearms fair; (i) a shooting gallery; (j) a paintball range or a place where paintball activities are carried out; (k) a premises where firearms are stored; (l) any other premises prescribed by regulation. -- 69 of 158 -- Part 8A Firearm prohibition orders Division 2 Firearm prohibition orders Firearms Act 1997 60 Division 2 Firearm prohibition orders 49E Firearm prohibition order (1) The Commissioner may make a firearm prohibition order in relation to a person prohibiting the person from: (a) acquiring a firearm or firearm related item; and (b) possessing or using any firearm or firearm related item; and (c) being in the company of a person who acquires, possesses or is using a firearm or firearm related item. (2) The Commissioner must not make a firearm prohibition order in relation to a person under 14 years of age. (3) A firearm prohibition order may be made even if the person who is subject to the order or to be subject to the order has never acquired, possessed or used a firearm or firearm related item. 49F Considerations in making firearm prohibition order The Commissioner may make a firearm prohibition order in relation to a person if the Commissioner is satisfied that it is in the public interest to do so for any of the following reasons: (a) because of the criminal history of the person; (b) because of the behaviour of the person; (c) because of the people with whom the person associates; (d) because of any criminal intelligence report or other criminal information the Commissioner holds about the person or the people with whom the person associates; (e) because, on the basis of information the Commissioner holds about the person, the person may pose a threat or risk to public safety if the person acquires, possesses or uses a firearm or firearm related item. 49G Form and content of order (1) A firearm prohibition order must contain the following particulars: (a) a statement of the effect of the order, including the conduct prohibited by the order and the powers for enforcing the order under this Part; -- 70 of 158 -- Part 8A Firearm prohibition orders Division 2 Firearm prohibition orders Firearms Act 1997 61 (b) the consequences that may follow if the person to whom the order relates contravenes the order; (c) the identity of the person to whom the order relates; (d) a statement that the order takes effect on the day on which it is served on the person to whom it relates; (e) the date on which the order expires; (f) the provisions of this Act that empower the making of the order; (g) that the person to whom the order relates may apply to NTCAT under section 49L or 49M for review of the decision to make the order; (h) subject to subsection (2), the Commissioner's reasons for the making of the order; (i) details of: (i) the effect of section 49K; and (ii) the offences in Division 4 and section 49Y(2); and (iii) the powers of police officers in Division 5. (2) Subsection (1)(h) does not require the Commissioner to include reasons for making the order if those reasons are as mentioned in section 49F(d). 49H Duration of order (1) A firearm prohibition order that relates to a person who is 18 years of age or older remains in force for 10 years from the day on which it is served on the person under section 49J. (2) A firearm prohibition order that relates to a person who is under 18 years of age remains in force for 5 years from the day on which it is served on the person under section 49J. 49J Service of order (1) A firearm prohibition order must be personally served on the person to whom it relates by a police officer. (2) A firearm prohibition order takes effect on the date it is served on the person to whom it relates. -- 71 of 158 -- Part 8A Firearm prohibition orders Division 2 Firearm prohibition orders Firearms Act 1997 62 (3) The police officer serving the order on the person must explain to the person: (a) the effect of the order, including the conduct prohibited by the order and the powers for enforcing the order under this Part; and (b) the consequences that may follow if the person contravenes the order; and (c) that the person may apply to NTCAT under section 49L or 49M for review of the decision to make the order. (4) As far as it is reasonably practicable to do so, the explanation must be given in a language or in terms that are likely to be readily understood by the person. (5) A failure to comply with subsections (3) and (4) does not affect the validity of a firearm prohibition order. 49K Cancellation or suspension of licences, permits and certificates (1) Any licence, permit or certificate of registration under this Act held by a person to whom a firearm prohibition order relates is cancelled by the making of the order and the cancellation takes effect on the order being served on the person. (2) If a licence, permit or certificate of registration under this Act is held by a body corporate, the representative of the holder of the licence, permit or certificate of which is a person to whom a firearm prohibition order relates, the licence, permit or certificate is suspended by the making of the order and the suspension takes effect on the order being served on the person. (3) However, the body corporate may, within 14 days of the date the suspension takes effect, notify the Commissioner, in writing, of another representative of the body corporate to hold the licence, permit or certificate. (4) If the Commissioner considers the representative mentioned in subsection (3) to be a fit and proper person to have a firearm in the person's possession or control, the Commissioner may lift the suspension of the licence, permit or certificate held by the body corporate. -- 72 of 158 -- Part 8A Firearm prohibition orders Division 3 Review by NTCAT Firearms Act 1997 63 (5) The licence, permit or certificate held by a body corporate is cancelled if: (a) the body corporate does not notify the Commissioner of another representative within 14 days under subsection (3); or (b) the Commissioner does not consider the representative mentioned in subsection (3) to be a fit and proper person to have a firearm in the person's possession or control. (6) Subsections (3) to (5) do not apply to a body corporate that is a firearms dealer. (7) A suspension on a licence, permit or certificate of a representative of a firearms dealer under subsection (2) is taken to be a cancellation of the licence, permit or certificate. (8) A person to whom a firearm prohibition order relates must surrender any firearm or firearm related item the person possesses or is using to the Commissioner as soon as practicable after being served with the order. Division 3 Review by NTCAT Notes for Division 3 1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews. 2 The application of section 22 of the Northern Territory Civil and Administrative Tribunal Act 2014 in relation to reviews of decisions under this Division is modified by section 51 of this Act. 49L Review by NTCAT – firearm prohibition orders (1) NTCAT has jurisdiction to review a decision (a reviewable decision) to make a firearm prohibition order under section 49E. (2) An affected person, for a reviewable decision, is the person to whom the firearm prohibition order relates. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. (4) Section 44(2) of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a reviewable decision for this section. -- 73 of 158 -- Part 8A Firearm prohibition orders Division 3 Review by NTCAT Firearms Act 1997 64 49M Further right to apply for review by NTCAT (1) Subject to this section, during the operation of a firearm prohibition order, an affected person may apply to NTCAT for a review of the reviewable decision. (2) An application under subsection (1) may be made: (a) if the affected person is under 18 years of age at the time the order was served on the person – at 12 monthly intervals during the operation of the order; and (b) if the affected person is 18 years of age or over at the time the order was served on the person – at any time after more than half the time for which the order is in force has expired. (3) An application made under subsection (2)(a): (a) must be made within 28 days after the anniversary of the date on which the order was served on the person; and (b) must not be made more than once in any 12 month period after the anniversary of the date on which the order was served on the person during the operation of the order. (4) An application made under subsection (2)(b) must not be made more than once in respect of an order. (5) The right to apply for review under this section: (a) is in addition to the right set out in section 49L; and (b) may be exercised irrespective of whether a right under section 49L has been exercised. (6) Section 44(2) of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a reviewable decision for this section. 49N Confidentiality of classified information (1) In exercising its jurisdiction to review a reviewable decision under this Part, NTCAT must take steps to maintain the confidentiality of classified information provided to it by the Commissioner. (2) If NTCAT considers the classified information is criminal intelligence, the steps taken under subsection (1) includes steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings, their representatives and the public. -- 74 of 158 -- Part 8A Firearm prohibition orders Division 4 Offences in relation to firearm prohibition orders Firearms Act 1997 65 (3) If NTCAT considers classified information is not criminal intelligence, NTCAT must allow the Commissioner to withdraw the classified information from consideration. (4) This section applies to an appeal to the Supreme Court under section 141 of the Northern Territory Civil and Administrative Tribunal Act 2014 brought by a party in relation to a decision of NTCAT made in the exercise of its review jurisdiction under this Division. (5) In this section: classified information means information the Commissioner classifies as criminal intelligence under the Serious Crime Control Act 2009. Division 4 Offences in relation to firearm prohibition orders 49P Offence to contravene firearm prohibition order (1) A person commits an offence if: (a) the person is subject to a firearm prohibition order; and (b) the person intentionally engages in conduct; and (c) the conduct results in the person acquiring a firearm or firearm related item and the person is reckless in relation to that result. Maximum penalty: If the offence relates to a firearm – imprisonment for 10 years. If the offence relates to a firearm related item – imprisonment for 5 years. (2) A person commits an offence if: (a) the person is subject to a firearm prohibition order; and (b) the person intentionally possesses or uses a firearm or firearm related item. Maximum penalty: If the offence relates to a firearm – imprisonment for 10 years. If the offence relates to a firearm related item – imprisonment for 5 years. (3) Strict liability applies to subsections (1)(a) and (2)(a). -- 75 of 158 -- Part 8A Firearm prohibition orders Division 4 Offences in relation to firearm prohibition orders Firearms Act 1997 66 49Q Offence to engage in conduct resulting in another person contravening firearm prohibition order A person commits an offence if: (a) another person is subject to a firearm prohibition order and the person has knowledge of that circumstance; and (b) the person intentionally engages in conduct; and (c) the conduct results in the other person acquiring, possessing or using a firearm or firearm related item and the person is reckless in relation to the result. Maximum penalty: If the offence relates to a firearm – imprisonment for 10 years. If the offence relates to a firearm related item – imprisonment for 5 years. 49R Offence to be at prohibited premises (1) A person commits an offence if: (a) the person is subject to a firearm prohibition order; and (b) the person intentionally enters or remains at premises; and (c) the premises are prohibited premises and the person is reckless in relation that circumstance. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) Strict liability applies to subsection (1)(a). 49S Offence to reside at premises where there are firearms or firearm related items (1) A person commits an offence if: (a) the person is subject to a firearm prohibition order; and (b) at least 24 hours has elapsed since the person was served with the firearm prohibition order; and -- 76 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 67 (c) there is a firearm or firearm related item at the premises where the person resides and the person is reckless in relation to that circumstance. Maximum penalty: If the offence relates to a firearm – imprisonment for 4 years. If the offence relates to a firearm related item – imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a) and (b). 49T Offence to be in company of person using firearm or firearm related item (1) A person commits an offence if: (a) the person is subject to a firearm prohibition order; and (b) the person is intentionally in the company of another person; and (c) the other person possesses or is using a firearm or firearm related item and the person has knowledge of that circumstance. Maximum penalty: If the offence relates to a firearm – imprisonment for 4 years. If the offence relates to a firearm related item – imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) A person does not commit an offence against subsection (1) if the other person mentioned in subsection (1) is a police officer who is in possession of or is using a firearm or firearm related item in the execution of the police officer's duty. Division 5 Police powers 49U Search of person to whom firearm prohibition order relates without warrant or consent (1) A police officer, without a warrant or consent, may exercise any of the powers set out in subsections (2) and (3), if the exercise of the power is reasonably required to determine whether a person to whom a firearm prohibition order relates has acquired, possesses or is using a firearm or firearm related item in contravention of the order. -- 77 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 68 (2) For subsection (1), the police officer may exercise the following powers: (a) search the person, other than by strip searching the person; (b) search any thing in the person's possession. (3) A police officer who conducts a search under this section may do the following: (a) stop and detain the person being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item: (i) that is found on the person or in any thing in the person's possession; or (ii) that the person has acquired, possesses or is using. (4) Before a police officer commences a search of a person or any thing in the person's possession under this section, the police officer must inform the person: (a) of the police officer's name; and (b) that the police officer intends to search the person and any thing in the person's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act. (5) Any action taken under this section is not unlawful only because of a failure to comply with subsection (4). 49V Search of associate without warrant or consent (1) A police officer, without a warrant or consent, may exercise any of the powers set out in subsections (2) and (3) with respect to a person (an associate) who is in the company of a person to whom a firearm prohibition order relates, if the police officer believes on reasonable grounds that the associate: (a) is committing or is about to commit an offence against this Act; and (b) has a firearm or firearm related item in the associate's possession. -- 78 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 69 (2) For subsection (1), the police officer may exercise the following powers: (a) search the associate, other than by strip searching the associate; (b) search any thing in associate's possession. (3) A police officer who conducts a search under this section may do the following: (a) stop and detain the associate being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item: (i) that is found on the associate or in any thing in the associate's possession; or (ii) that the associate has acquired, possesses or is using. (4) Before a police officer commences a search of an associate under this section or any thing in the associate's possession, the police officer must inform the associate: (a) of the police officer's name; and (b) that the police officer intends to search the associate and any thing in the associate's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act. (5) Any action taken under this section is not unlawful only because of a failure to comply with subsection (4). 49W Search of premises, vehicles, aircraft or vessels without warrant or consent (1) A police officer, without a warrant or consent, may exercise any of the powers under subsections (2) and (4), if the exercise of the power is reasonably required to determine: (a) whether a person to whom a firearm prohibition order relates has acquired, possesses or is using a firearm or firearm related item in contravention of the order; or (b) whether a firearm or firearm related item is at a premises occupied by, in the care of or under the control or management of a person to whom a firearm prohibition order relates, including in any thing on the premises and including in -- 79 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 70 any vehicle, aircraft or vessel on the premises. (2) For subsection (1), the police officer may exercise the following powers: (a) enter and search any premises occupied by, in the care of or under the control or management of the person, including any thing on the premises and including any vehicle, aircraft or vessel on the premises; (b) enter and search any vehicle, aircraft or vessel that is in the charge of the person, or in which the person is a passenger, wherever the vehicle, aircraft or vessel is located. (3) A police officer may enter or search premises, a vehicle, an aircraft or a vessel under this section with the assistance of any other police officer. (4) A police officer, for the purposes of an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, may do the following: (a) stop and detain the vehicle, aircraft or vessel being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item found on the premises, vehicle, aircraft or vessel. (5) Before a police officer commences an entry or search of premises, or a vehicle, an aircraft or a vessel under this section, if the person to whom the order relates is present, the police officer must inform the person: (a) of the police officer's name; and (b) that the police officer intends to enter or search the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (6) If requested by another person present at premises, or in the vehicle, on the aircraft or on the vessel at any time before commencing or during a search under this section, the police officer must inform the person: (a) of the police officer's name; and -- 80 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 71 (b) that the police officer intends to enter or search, or is searching, the premises, vehicle, aircraft or vessel for any firearm or firearm related item and that the police officer is empowered to conduct the entry or search under this Act. (7) If it is not practicable to give the information under subsection (5) or (6) before commencing a search or during a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information after the search is finished. (8) Any action taken under this section is not unlawful only because of a failure to comply with subsection (5), (6) or (7). 49X Search of person at premises, vehicles, aircraft or vessels without warrant or consent (1) A police officer, without a warrant or consent, may exercise any of the powers set out in subsections (2) and (3) with respect to a person who is present at premises, or in a vehicle, on an aircraft or on a vessel being searched under section 49W, if the police officer believes on reasonable grounds that the person acquired, possesses or is using a firearm or firearm related item. (2) For subsection (1), the police officer may exercise the following powers: (a) search the person, other than by strip searching the person; (b) search any thing in the person's possession. (3) A police officer who conducts a search under this section may do the following: (a) stop and detain the person being searched for so long as is reasonably necessary to conduct the search; (b) seize any firearm or firearm related item: (i) that is found on the person or in any thing in the person's possession; or (ii) that the person has acquired, possesses or is using. (4) Before a police officer commences a search of a person under this section or any thing in the person's possession, the police officer must inform the person: (a) of the police officer's name; and -- 81 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 72 (b) that the police officer intends to search the person and any thing in the person's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act. (5) Any action taken under this section is not unlawful only because of a failure to comply with subsection (4). 49Y Requirement to give name and address (1) If a police officer suspects on reasonable grounds that a person is subject to a firearm prohibition order, the police officer may request the person to give to the police officer the person's name or address, or both. (2) A person commits an offence if: (a) the person is requested to give the person's name or address, or both, under subsection (1); and (b) the person does not comply with the request. Maximum penalty: 50 penalty units. (3) An offence against subsection (2) is an offence of strict liability. 49Z Dealing with firearms or firearm related items surrendered or seized under this Part (1) This section applies if a firearm or firearm related item is surrendered or seized under this Part. (2) The police officer to whom the firearm or firearm related item was surrendered or who seized the firearm or firearm related item may retain possession of the firearm or firearm related item for so long as: (a) the firearm or firearm related item is evidence of an offence against this Act or any other law in force in the Territory; or (b) it is reasonably necessary to test the firearm or firearm related item to determine if it is evidence of an offence against this Act or any other law in force in the Territory. (3) Subject to subsection (4), the firearm or firearm related item is forfeited to the Territory: (a) if the person who surrendered the firearm or firearm related item or from whom the firearm or firearm related item was seized is not lawfully entitled to possess the firearm or firearm -- 82 of 158 -- Part 8A Firearm prohibition orders Division 5 Police powers Firearms Act 1997 73 related item, and no other person is lawfully entitled to possess the firearm or firearm related item; or (b) if the following circumstances apply: (i) the firearm or firearm related item was acquired, possessed or used, in contravention of this Part, by the person who surrendered it or from whom it was seized; (ii) the Commissioner is satisfied the firearm or firearm related item had not been stolen at the time it was surrendered or seized. (4) The Commissioner may declare a firearm or firearm related item is not subject to forfeiture under subsection (3). 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part (1) This section applies in relation to: (a) a firearm or firearm related item that has been surrendered or seized under this Part; and (b) the firearm or firearm related item: (i) is not required or is no longer required under section 49Z(2); or (ii) has not been forfeited to the Territory under section 49Z(3); or (iii) has been declared not subject to forfeiture under section 49Z(4 (2) The Commissioner may: (a) by written notice, direct the owner of the firearm or firearm related item to sell or otherwise dispose of the firearm or firearm related item; or (b) by written notice, direct the owner of the firearm or firearm related item to take possession of the firearm or firearm related item; or (c) dispose of the firearm or firearm related item in the manner the Commissioner determines. (3) If the owner of a firearm does not comply with a direction under subsection (2)(a) or (b) within 28 days after the direction is given or -- 83 of 158 -- Part 9 Review of decisions Firearms Act 1997 74 any further time that the Commissioner specifies in the notice, the Commissioner may dispose of the firearm or firearm related item in accordance with section 166 of the Police Administration Act 1978 as if the firearm or firearm related item was unclaimed property. (4) The Regulations may prescribe fees that are payable in relation to the storage of a firearm or firearm related item by the Commissioner prior to the owner taking possession of the firearm or firearm related item. Division 6 Review of operation of Part 49ZB Review of operation of Part (1) The Ombudsman must review the following during the first 2 years after the commencement of this Part: (a) the exercise of powers conferred on police officers under this Part; (b) the financial effect of the result of the commission of offences against this Part. (2) The Ombudsman must give a copy of the report of the review to the Minister as soon as practicable after the expiry of the 2 year period mentioned in subsection (1). Part 9 Review of decisions 50 Review by NTCAT – general (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 7. (2) An affected person, for a reviewable decision, is a person specified in Schedule 7 for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Notes for section 50 1 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews. 2 For an application to NTCAT for review of a decision made by the Commissioner under section 40, see section 45 in relation to an affected person's obligations regarding the delivery to the Commissioner of all firearms that the person is required to sell or otherwise dispose of. -- 84 of 158 -- Part 10 Firearms Advisory Council Firearms Act 1997 75 51 Constitution of NTCAT for review proceedings (1) Despite section 22(1) of the Northern Territory Civil and Administrative Tribunal Act 2014, NTCAT is to be constituted by 3 members for a proceeding for review of a decision on an application under section 49L, 49M or 50. (2) In nominating the members to constitute NTCAT under section 22(1) of the Northern Territory Civil and Administrative Tribunal Act 2014 for the proceeding, the President of NTCAT must nominate: (a) at least one member who the President considers has suitable knowledge or experience in relation to policing; and (b) at least one member who the President considers has suitable knowledge or experience in relation to firearms. (3) Any failure to nominate a member who has the knowledge or experience referred to in subsection (2)(a) or (b) to constitute NTCAT for the proceeding does not affect the validity of any decision made in the proceeding. Part 10 Firearms Advisory Council 55 Firearms Advisory Council (1) There is established the Firearms Advisory Council. (2) The Council consists of: (a) up to 4 executive members of the Northern Territory Firearms Council Incorporated nominated by the Northern Territory Firearms Council Incorporated; and (b) up to 2 police officers nominated by the Commissioner: (i) by name; or (ii) by reference to an office, position or rank; and (c) up to 4 other persons appointed by the Minister in consultation with the Northern Territory Firearms Council Incorporated and the Commissioner; and (d) a Chairperson appointed by the Minister. (3) A nomination under subsection (2) must be made to the Minister in writing. -- 85 of 158 -- Part 10 Firearms Advisory Council Firearms Act 1997 76 (3A) The persons appointed under subsection (2)(c) and the Chairperson appointed under subsection (2)(d) cannot be: (a) a police officer or a public sector employee employed by the Agency administering the Police Administration Act 1978; or (b) a member or employee of the Northern Territory Firearms Council Incorporated. (4) Subject to this Part, a member appointed under subsection (2)(c) holds office for the period, not longer than 3 years, specified in the instrument of appointment, but is eligible for reappointment. (5) A person appointed under subsection (2)(c) or the Chairperson appointed under subsection (2)(d) may resign by written notice signed by the person and given to the Minister. 56 Functions and powers of Council (1) The functions of the Council are: (a) at the request of the Minister or the Commissioner, to advise the Commissioner concerning applications for registration of firearms or for the granting of licences or permits under this Act; and (b) to establish guidelines for standards of construction and installation of equipment for shooting ranges and shooting galleries; and (c) to establish guidelines for safe practices to be implemented relating to the use of firearms at shooting ranges and shooting galleries; and (d) to review the operations of this Act and the Regulations and to make recommendations relating to their operation to the Minister; and (e) to consider any other matter referred to it by the Minister or by the Commissioner. (2) The Council has those powers that are necessary to enable it to carry out its functions under this Act. 57 Meetings of Council (1) The Chairperson is to call such meetings of the Council as are necessary for the exercise of its powers and the performance of its functions. -- 86 of 158 -- Part 11 Offences Division 1 Possession or use of firearms Firearms Act 1997 77 (2) The Minister may, at any time, direct the Chairperson to call a meeting of the Council and the Chairperson is to comply with the direction. (3) The Council is to determine the procedure to be followed at or in connection with its meeting. (4) The Council is to keep a record of its meetings. Part 11 Offences Division 1 Possession or use of firearms 58 Possession or use of firearms (1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit. Maximum penalty: 500 penalty units or imprisonment for 3 years or, if the offence relates to a category A firearm or category B firearm, 400 penalty units or imprisonment for 2 years. (1A) Subsection (1) does not apply if: (a) the person possesses or uses a paintball firearm for playing paintball at an approved paintball range; and (b) the person is entitled to play paintball. (2) Without limiting subsection (1), the holder of a licence is guilty of an offence under this section if he or she uses a firearm for any purpose otherwise than in connection with the purpose established as being the genuine reason for possessing or using the firearm. (2A) Without limiting subsection (1), the holder of a category H sports shooter's licence commits an offence against this section if: (a) the holder uses a category H firearm: (i) that is not a prescribed firearm; or (ii) elsewhere than at an approved firearms club; and (b) the use is not authorised under another licence or a permit. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she was in the -- 87 of 158 -- Part 11 Offences Division 1 Possession or use of firearms Firearms Act 1997 78 company of, and under the supervision of, the holder of a licence for the category of firearm in the possession of or being used by the defendant and the firearm was being used in accordance with the conditions of the licence. (4) The defence provided by subsection (3) does not apply to or in relation to a person mentioned in subsection (5) during the period specified in relation to the person in that subsection. (5) For subsection (4), a person: (a) who has been found guilty of a disqualifying offence may not possess or use a firearm for 10 years from the date of the finding of guilt; or (ab) who has been found guilty of an offence of violence, may not possess or use a firearm for 5 years after the finding of guilt; or (ac) who is the subject of an order, made in the Territory or elsewhere, to keep the peace, may not possess or use a firearm while the order is in force; or (b) in respect of whom an interim domestic violence order is in force may not possess or use a firearm while the interim restraining order remains in force; or (ba) who has or has had a final domestic violence order in force against him or her may not possess or use a firearm: (i) while the order is in force; and (ii) for a further period of 5 years from the date the order expires or ceases to have effect; or (bb) who has a personal violence restraining order in force against him or her may not possess or use a firearm while the order is in force; or (c) whose licence is suspended may not possess or use a firearm: (i) while the suspension remains in force; or (ii) if the licence expires while the suspension remains in force – until the person is granted another licence or a permit; or -- 88 of 158 -- Part 11 Offences Division 1 Possession or use of firearms Firearms Act 1997 79 (d) who has been refused a licence or whose licence is revoked may not possess or use a firearm of the type or category for which the licence was refused or revoked during any period for which the person is prohibited from applying for a licence. (6) A person must not possess or use a prohibited firearm unless authorised under this Act. Maximum penalty: 500 penalty units or imprisonment for 3 years. 58A Obligation of supervisor (1) The holder of a firearms licence who is supervising a person for the purposes of section 58(3) must ensure the firearm is: (a) of a category that the holder is authorised to use; and (b) used in accordance with any conditions of the licence; and (c) used in a manner that will not create a danger to any person or damage to property. Maximum penalty: 100 penalty units or imprisonment for 12 months. (2) A firearms club must not permit a person who is not the holder of a category H sports shooter's licence to use a category H firearm under supervision at the club premises unless: (a) the person is undergoing an approved firearms safety training course conducted by the holder of a firearms instructor licence; or (b) the person is the holder of a permit under section 31(1)(fb); or (c) the person is a person to whom a permit under section 31(1)(fc) relates. Maximum penalty: 500 penalty units. 58B Obligation of firearms club If the Commissioner gives notice to a firearms club that a member of the club is subject to suspension or revocation of the member's shooting licence or a permit under section 31(1)(fb), the club must not permit the member to use a firearm at the club premises during the period specified in the notice. Maximum penalty: 500 penalty units. -- 89 of 158 -- Part 11 Offences Division 2A Certain offences outside Territory Firearms Act 1997 80 Division 2 Offences relating to registration 59 Firearms to be registered (1) A person, other than the holder of a firearms dealer licence, must not sell, purchase, possess or use a firearm that is not registered. Maximum penalty: 400 penalty units or imprisonment for 2 years or, if the offence relates to a category A firearm or category B firearm, 200 penalty units or imprisonment for 12 months. (2) Subsection (1) does not apply if: (a) the person possesses or uses a paintball firearm for playing paintball at an approved paintball range; and (b) the person is entitled to play paintball. 60 Alteration of certificate of registration A person must not alter the particulars in a certificate of registration. Maximum penalty: 20 penalty units or imprisonment for 6 months. Division 2A Certain offences outside Territory 60A Conspiring to commit and aiding etc. commission of offence outside Territory (1) A person must not, in the Territory, conspire with another person or persons to commit, in a place outside the Territory, an offence (the principal offence) that is punishable under the provisions of a law in force in that place that corresponds to a provision of this Act. (2) A person must not, in the Territory, aid, abet, counsel, procure, solicit or incite the commission, in a place outside the Territory, of an offence (the principal offence) that is punishable under the provisions of a law in force in that place that corresponds to a provision of this Act. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable to the same penalty as if the principal offence was committed in the Territory. -- 90 of 158 -- Part 11 Offences Division 2B Offences relating to paintball Firearms Act 1997 81 Division 2B Offences relating to paintball 60B Definition In this Division: prohibited person means a person who: (a) is prohibited from applying for any licence under this Act or a law of a State or another Territory; or (b) is not entitled to be granted any licence under this Act, for a reason other than that the person is not a resident, or about to become a resident, of the Territory. 60C Prohibition of carrying on business of paintball operator without authority A person must not carry on business as a paintball operator without a paintball operator licence or permit. Maximum penalty: 400 penalty units or imprisonment for 2 years. 60D Information about close associates, representatives and employees (1) If a change occurs in the close associates of the holder of a paintball operator licence or permit, the holder must give the Commissioner, within 7 days after becoming aware of the change, written notice in the approved form. Maximum penalty: 200 penalty units or imprisonment for 12 months. (2) The Commissioner may, by written notice, require the holder of a paintball operator licence or permit to give the Commissioner, within a specified time, a declaration containing specified information about: (a) the representative for the licence or permit; or (b) the close associates of the holder; or (c) the operator's paintball operator employees. (3) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty: 200 penalty units or imprisonment for 12 months. -- 91 of 158 -- Part 11 Offences Division 2B Offences relating to paintball Firearms Act 1997 82 (4) If a person ceases employment as a paintball operator employee with the holder of a paintball operator licence or permit, the holder must, within 7 days after the person ceases employment, give the Commissioner written notice in the approved form. Maximum penalty: 200 penalty units or imprisonment for 12 months. 60E Records and returns (1) The holder of a paintball operator licence or permit must: (a) keep the paintball player declaration made by each person who plays paintball at the operator's approved paintball range for 2 years after it is made; and (b) keep other records in accordance with the conditions of the licence or permit. Maximum penalty: 20 penalty units. (2) A police officer or approved person may ask the holder of a paintball operator licence or permit, the representative for the licence or permit or an employee of the holder to produce the paintball player declarations or other records kept by the operator. (3) The person must comply with the request unless the person has a reasonable excuse. Maximum penalty: 20 penalty units. (4) On production of a declaration or record, the police officer or approved person may: (a) examine it; and (b) make copies of, or take extracts from, it. (5) The holder of a paintball operator licence or permit must give the Commissioner, within 3 months after the end of each financial year, an annual report in the approved form. Maximum penalty: 100 penalty units or imprisonment for 6 months. -- 92 of 158 -- Part 11 Offences Division 2B Offences relating to paintball Firearms Act 1997 83 60F Prohibition on employing certain persons (1) This section applies if the holder of a paintball operator licence or permit does any of the following things: (a) employs a prohibited person in the business authorised by the licence or permit; (b) allows a prohibited person to act as an agent for, or participate in the management of, the business. (2) The holder and the prohibited person are each guilty of an offence. Maximum penalty: 400 penalty units or imprisonment for 2 years. (3) It is a defence to a prosecution of the holder of the licence or permit for an offence against subsection (2) if the holder proves the holder did not know, and could not reasonably have been expected to know, the person was a prohibited person. 60G Production of firearms (1) A police officer or approved person may ask the holder of a paintball operator licence or permit, the representative for the licence or permit or an employee of the holder to produce a paintball firearm in the holder's possession. (2) The person must comply with the request unless the person has a reasonable excuse. Maximum penalty: 50 penalty units. (3) On production of a firearm, the police officer or approved person may inspect and test it. 60H Possession and use of paintball firearm only at approved paintball range The holder of a paintball operator licence or permit must not allow a person to possess or use a paintball firearm registered in the holder's name except at the holder's approved paintball range. Maximum penalty: 400 penalty units or imprisonment for 2 years. -- 93 of 158 -- Part 11 Offences Division 2B Offences relating to paintball Firearms Act 1997 84 60J Restrictions on children playing paintball (1) The holder of a paintball operator licence or permit must not allow a child to possess or use a paintball firearm to play paintball at the holder's approved paintball range if: (a) the holder knows that the child is under the age of 14 years; or (b) the holder: (i) knows that the child is at least 14 years of age but is under the age of 18 years; and (ii) does not have written evidence of the consent of a person who has parental responsibility for the child to the possession or use of the paintball firearm by the child. (2) In this section: child, see section 13 of the Care and Protection of Children Act 2007. parental responsibility, see section 13 of the Care and Protection of Children Act 2007. 60K Paintball player must sign declaration and give identification (1) The holder of a paintball operator licence or permit must not allow a person to possess or use a paintball firearm to play paintball at the holder's approved paintball range unless the person, before starting to play: (a) makes a declaration in the approved form (a paintball player declaration); and (b) gives the declaration and photographic identification to a paintball employee working at the range. Maximum penalty: 50 penalty units. (2) Before allowing the person to play paintball, the paintball employee must: (a) inspect the person's photographic identification; and -- 94 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 85 (b) endorse on the person's paintball player declaration that the employee is satisfied the person appears to be the person shown in the identification. Maximum penalty: 100 penalty units or imprisonment for 6 months. 60L Certain persons prohibited from playing paintball (1) The holder of a paintball operator licence or permit must not allow a prohibited person to possess or use a paintball firearm to play paintball at the holder's approved paintball range. Maximum penalty: 400 penalty units or imprisonment for 2 years. (2) It is a defence to a prosecution for an offence against subsection (1) if the holder proves the holder did not know, and could not reasonably have been expected to know, the person was a prohibited person. (3) A prohibited person must not play paintball. Maximum penalty: 50 penalty units. Division 3 General offences 61 Manufacture of firearms (1) A person must not manufacture a firearm unless the person is authorised to manufacture the firearm by a licence or permit. Maximum penalty: 2 000 penalty units or imprisonment for 10 years or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units or imprisonment for 5 years. (2) A person must not manufacture a prohibited firearm or pistol unless the person is authorised to manufacture the prohibited firearm or pistol by a licence or permit. Maximum penalty: 3 000 penalty units or imprisonment for 15 years. (3) Without limiting subsection (1) or (2), those subsections apply to a person regardless of whether the firearm concerned was manufactured in the course of carrying on a business. -- 95 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 86 (4) In this section: manufacture, of a firearm, includes assembly of a firearm from firearm parts. 61A Repair or modification of firearms (1) A person must not repair or modify a firearm unless the person is authorised to repair or modify the firearm by a licence or permit. Maximum penalty: 2 000 penalty units or imprisonment for 10 years or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units or imprisonment for 5 years. (2) A person must not repair or modify a prohibited firearm or pistol unless the person is authorised to repair or modify the prohibited firearm or pistol by a licence or permit. Maximum penalty: 3 000 penalty units or imprisonment for 15 years. (3) Without limiting subsection (1) or (2), those subsections apply to a person regardless of whether the firearm concerned was repaired or modified in the course of carrying on a business. (4) In this section: repair or modification, of a firearm, does not include work performed by a person on a firearm registered in the name of the person if the work is not of a nature likely to affect the safe operation of the firearm. 61B Possession of digital blueprints for manufacture of firearms (1) A person commits an offence if: (a) the person intentionally produces, sells, distributes or possesses a thing; and (b) the thing is a digital blueprint for the manufacture of a firearm, or part of a firearm, on a 3D printer or on an electronic milling machine. Maximum penalty: Imprisonment for 14 years. (2) Strict liability applies to subsection (1)(b). -- 96 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 87 (3) In subsection (1)(b), a part of a firearm includes a silencer or another article related to a firearm prescribed by regulation. (4) In this section: digital blueprint means any type of digital (or electronic) reproduction of a technical drawing of the design of an object. possession, of a digital blueprint, includes the following: (a) possession of a computer or data storage device holding or containing the blueprint or of a document in which the blueprint is recorded; (b) control of the blueprint held in a computer or data storage device that is in the possession of another person (whether the computer or data storage device is in or outside the Territory). 62 Purchase of firearms (1) A person must not purchase a firearm unless the person is authorised to: (a) possess the firearm under a firearms dealer licence; or (b) purchase the firearm by a permit or corresponding permit. Maximum penalty: If the offender is an individual – 500 penalty units or imprisonment for 3 years or, if the offence relates to a category A firearm or category B firearm, 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units. (2) A person, other than the holder of a firearms dealer licence, must not purchase a firearm from another person unless: (a) the other person is the holder of a firearms dealer licence; or (b) the purchase: (i) is arranged through the holder of a firearms dealer licence; or -- 97 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 88 (ii) if the holder of a firearms dealer licence is not reasonably available – is witnessed by a police officer. Maximum penalty: If the offender is an individual – 500 penalty units or imprisonment for 3 years or, if the offence relates to a category A firearm or category B firearm, 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units. 63 Sale of firearms (1) A person, other than the holder of a firearms dealer licence, must not sell a firearm to another person unless: (a) the other person is the holder of a firearms dealer licence; or (b) the sale: (i) is arranged through the holder of a firearms dealer licence; or (ii) if the holder of a firearms dealer licence is not reasonably available – is witnessed by a police officer. Maximum penalty: If the offender is an individual – 500 penalty units or imprisonment for 3 years or, if the offence relates to a category A firearm or category B firearm, 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units. (2) A person must not sell a firearm to another person unless the other person is authorised to: (a) possess the firearm under a firearms dealer licence; or -- 98 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 89 (b) purchase the firearm by a permit or corresponding permit. Maximum penalty: If the offender is an individual – 500 penalty units or imprisonment for 3 years or, if the offence relates to a category A firearm or category B firearm, 400 penalty units or imprisonment for 2 years. If the offender is a body corporate – 2 000 penalty units or, if the offence relates to a category A firearm or category B firearm, 1 000 penalty units. (3) A person must not sell a firearm to another person (the purchaser) unless the person sights: (a) if the purchaser is the holder of a firearms dealer licence – that licence; or (b) if the purchaser is the holder of a firearms licence – that licence and the purchaser's permit to purchase the firearm; or (c) if the purchaser is not the holder of a firearms dealer licence or a firearms licence – the purchaser's permit to purchase the firearm. Maximum penalty: 400 penalty units or imprisonment for 2 years or, if the offence relates to a category A firearm or category B firearm, 200 penalty units or imprisonment for 12 months. (4) A person who sells a firearm to another person who is not the holder of a firearms dealer licence must complete the particulars of the sale on the permit authorising the purchase of the firearm and return the permit to the Commissioner not later than 7 days after the sale. Maximum penalty: If the offender is an individual – 50 penalty units or imprisonment for 12 months or, if the offence relates to a category A firearm or category B firearm, 20 penalty units or imprisonment for 6 months. If the offender is a body corporate – 250 penalty units or, if the offence relates to a category A firearm or category B firearm, 100 penalty units. -- 99 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 90 63A Trafficking in firearms (1) A person who contravenes section 63 (other than subsection (3) or (4)) on 3 or more separate occasions during any period of 30 consecutive days is guilty of an offence of trafficking. Maximum penalty: If the offender is an individual – imprisonment for 10 years or, if the offence relates to a category A firearm or category B firearm, imprisonment for 5 years. If the offender is a body corporate – 2 500 penalty units or, if the offence relates to a category A firearm or category B firearm, 1 250 penalty units. (2) A person who contravenes section 63 (other than subsection (3) or (4)) on 3 or more separate occasions where a firearm involved in any of the offences is a prohibited firearm is guilty of an offence of aggravated trafficking. Maximum penalty: If the offender is an individual – imprisonment for 15 years. If the offender is a body corporate – 3 750 penalty units. (3) A person who contravenes section 63 (other than subsection (3) or (4)) on 3 or more separate occasions where a firearm involved in each of the offences is a prohibited firearm is guilty of an offence of trafficking in prohibited firearms. Maximum penalty: If the offender is an individual – imprisonment for 20 years. If the offender is a body corporate – 5 000 penalty units. (4) If a person is found guilty of an offence under subsection (1), (2) or (3), he or she is liable to the punishment under that subsection but not to separate or additional punishment for any of the offences that constituted the trafficking offence. (5) If a person is found not guilty of a trafficking offence under subsection (1), (2) or (3), he or she remains liable to punishment for any of the constituent offences that were alleged to have comprised the trafficking offence and can be found guilty of any of those constituent offences as an alternative verdict to the trafficking offence, even if the person was not charged with any of the constituent offences. -- 100 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 91 63B Advertising firearm for sale (1) A person must not advertise a firearm for sale unless the advertisement in respect of the firearm contains the serial number of the firearm. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) Subsection (1) does not apply to the holder of a firearms dealer licence who is authorised under the licence to possess the firearm that is advertised for sale. 64 Use of mail for sending firearms (1) A person must not send a firearm by mail to a person in the Territory. (2) A person must not receive a firearm by mail in the Territory. (3) A person must not direct or request another person, whether the other person is within or outside the Territory when the request is made, to send a firearm by mail to a person in the Territory, whether or not the request is made in writing or in connection with the purchase by the person of the firearm. Maximum penalty: 20 penalty units or imprisonment for 6 months. (4) A person is taken to have made a request under subsection (3) if the person accepts an offer made by another person within or outside the Territory to forward a firearm by mail to an address within the Territory. (5) It is a defence to a prosecution under subsection (2) if the defendant proves that the firearm was sent to the defendant without his or her knowledge or approval. (6) This section does not apply to the sending or receiving by mail of a firearm by a person who is: (a) the holder of a firearms dealer licence; or (b) the holder of a firearms armourer licence; or (c) a police station and the firearm is sent from or received at a police station. -- 101 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 92 (7) This section does not apply to the sending or receiving by mail of a firearm by the person in whose name the firearm is registered if: (a) the sending or receiving of the firearm is for the purpose established as being the genuine reason for possessing or using the firearm; and (b) the sending or receiving of the firearm does not relate to the sale or transfer of the firearm. 65 Use of mail for sending firearms outside the Territory (1) A person must not send a firearm by mail except in accordance with this section. Maximum penalty: 20 penalty units or imprisonment for 6 months. (2) The holder of a firearms dealer licence may send a firearm by mail if: (a) the address to which the firearm is sent is outside the Territory; and (b) the firearm is sent by registered post; and (c) the person to whom the firearm is sent would not, because of receiving the firearm or being in possession of it at the place to which it is sent, be guilty of an offence under a law that applies at that place; and (d) the person to whom the firearm is sent is the holder of a licence that corresponds to a firearms dealer licence under the law of that place. (3) The owner of a registered firearm may send a firearm by mail if: (a) the firearm is sent to an address outside the Territory; and (b) the firearm is sent by registered post; and (c) the person to whom the firearm is sent would not, because of receiving the firearm or being in possession of it at the place to which it is sent, be guilty of an offence under a law that applies at that place; and (d) mailing the firearm is not an offence under the law of the place to which it is sent; and -- 102 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 93 (e) the purpose of mailing the firearm is consistent with the genuine reason for possessing or using it; and (f) the purpose of mailing the firearm does not relate to the sale or transfer of the firearm; and (g) the firearm will be returned to the Territory. 66 Transporting firearms A person who conveys (whether or not in the course of a business) a prohibited firearm or a category A firearm, category B firearm, category C firearm, category D firearm or category H firearm must comply with the prescribed safety requirements. Maximum penalty: 10 penalty units or imprisonment for 3 months. 67 Disposal of firearms by unauthorised holders (1) A person who comes into possession of a firearm, but is not authorised by this Act to possess the firearm, must immediately surrender the firearm to a police officer. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) A person does not contravene any other provision of this Act just by surrendering a firearm in accordance with this section. 68 Altering firearms (1) A person must not, unless approved, alter a firearm in a way that: (a) affects its safe operation; or (b) converts it to another category of firearm; or (c) destroys it; or (d) renders it, or a part of it, inoperable. Maximum penalty: Imprisonment for 14 years. (2) In subsection (1)(d), a part of a firearm includes a silencer or another item related to a firearm prescribed by regulation. -- 103 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 94 68A Sale and purchase of ammunition (1) A person must not, in trade or commerce, sell ammunition for a firearm unless the person is the holder of a firearms dealer licence or is authorised by a permit to sell the ammunition. Maximum penalty: If the offender is an individual – 10 penalty units or imprisonment for 3 months. If the offender is a body corporate – 50 penalty units. (2) A person must not, in trade or commerce, sell ammunition for a firearm unless: (a) the person purchasing the ammunition is: (i) the holder of a licence, or a corresponding licence, for the category of firearm that takes the ammunition; or (ii) authorised to buy the ammunition by a permit or a corresponding permit; and (b) the person who sells the ammunition sights the licence or permit; and (c) the person who sells the ammunition complies with any other requirement prescribed by regulation. Maximum penalty: If the offender is an individual – 10 penalty units or imprisonment for 3 months. If the offender is a body corporate – 50 penalty units. (3) A person who, in trade or commerce, sells ammunition for a firearm must advise the Commissioner without delay of any loss or theft of ammunition held by the person. Maximum penalty: If the offender is an individual – 10 penalty units or imprisonment for 3 months. If the offender is a body corporate – 50 penalty units. 69 Possession of ammunition (1) A person must not possess ammunition unless the person: (a) is the holder of a licence or permit for a category of firearm that takes the ammunition; or -- 104 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 95 (aa) is the holder of a corresponding licence or permit for a category of firearm that takes the ammunition; or (ab) is authorised by an ammunition retail permit to possess the ammunition; or (b) is an ammunition collector authorised by the Commissioner in writing to possess the ammunition. Maximum penalty: 10 penalty units or imprisonment for 3 months. (2) Subsection (1) does not apply if: (a) the person possesses paintball pellets for playing paintball at an approved paintball range; and (b) the person is entitled to play paintball. 70 Pawning of firearms prohibited A pawnbroker must not take a firearm or ammunition into pawn unless he or she is the holder of a firearms dealer licence. Maximum penalty: 10 penalty units or imprisonment for 3 months. 71 Misuse of licences and permits A person must not: (a) falsely represent himself or herself to be the holder of a licence or permit (whether or not it is in force); or (c) give possession of a licence or permit to another person for the purpose of using it unlawfully; or (e) knowingly have possession of a forged, fraudulently altered, borrowed or stolen licence or permit. Maximum penalty: 50 penalty units or imprisonment for 12 months. 73 Hiring or leasing firearms (1) A person must not hire or lease a firearm to another person unless the other person is the holder of a permit that authorises the holder to possess or use the firearm. -- 105 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 96 (2) A person must not hire or lease a firearm from another person unless the first-mentioned person is the holder of a permit that authorises the person to possess or use the firearm. Maximum penalty: 10 penalty units or imprisonment for 3 months. 74 Alteration of identification marks (1) A person must not alter an identifying serial number on a firearm without approval. Maximum penalty: 1 000 penalty units or imprisonment for 5 years. (2) A person must not knowingly possess a firearm the serial number of which has been altered in contravention of subsection (1). Maximum penalty: 1 000 penalty units or imprisonment for 5 years. (3) A person must not deface or remove an identifying serial number on a firearm without approval. Maximum penalty: 1 000 penalty units or imprisonment for 5 years. (4) A person must not possess a firearm the serial number of which has been defaced or removed in contravention of subsection (3). Maximum penalty: 1 000 penalty units or imprisonment for 5 years. 75 Toy guns A person must not convert a toy gun or an article of a similar nature into a firearm. Maximum penalty: 50 penalty units or imprisonment for 12 months. 76 Unsafe firearms (1) Subject to this Act, a person must not possess or use an unsafe firearm. Maximum penalty: 50 penalty units or imprisonment for 12 months. -- 106 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 97 (2) The holder of a firearms armourer licence or firearms armourer permit may have an unsafe firearm in his or her possession in the ordinary course of his or her business or for the purpose of repairing it. (3) The holder of a firearms collector licence, antique firearms collector licence, firearms instructor licence or firearms museum licence may have an unsafe firearm in his or her possession. (4) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she did not know and could not reasonably have known that the firearm was unsafe. 77 Silencers and machine-guns (1) A person must not possess or use a silencer except in accordance with this section. Maximum penalty: 20 penalty units or imprisonment for 6 months. (2) A person must not possess or use a machine-gun except in accordance with this section. Maximum penalty: 50 penalty units or imprisonment for 12 months. (3) The holder of a firearms museum licence may possess a silencer or machine-gun for the purpose of exhibiting and showing it. (4) The holder of a firearms collector licence may possess a machine- gun for the purpose of displaying it if: (a) the acquisition of the machine-gun by the holder has been approved by the Commissioner in writing; and (b) the holder is a collector who the Commissioner has certified in writing to be an established collector; and (c) the holder has held a firearms collector licence for not less than 5 years; and (d) the holder is permitted to possess and display category C firearms and category D firearms under the firearms collector licence; and (e) the machine-gun is consistent or compatible with other firearms possessed and displayed under the firearms collector licence; and -- 107 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 98 (f) the machine-gun has been made permanently inoperable. (5) If a person is found guilty of an offence against this section, the silencer or machine-gun possessed or used in the offence is forfeited to the Territory on the finding of guilt. 78 Carrying firearms in public places (1) In this section: public place, see section 5 of the Summary Offences Act 1923. town, see section 3 of the Crown Lands Act 1992. (2) A person must not carry a firearm exposed to public view in a public place within a town or local government area. Maximum penalty: 200 penalty units or imprisonment for 12 months or, if the offence relates to a category A firearm or category B firearm, 100 penalty units or imprisonment for 6 months. (3) A person must not carry a loaded firearm in a public place within a town or local government area. Maximum penalty: 400 penalty units or imprisonment for 2 years or, if the offence relates to a category A firearm or category B firearm, 200 penalty units or imprisonment for 12 months. (4) Subsections (2) and (3) do not apply to or in relation to the holder of a firearms employee licence who is carrying out the duties of his or her employment in relation to which the licence was granted. (5) It is a defence to a prosecution for an offence against this section for the defendant to prove that he or she had a lawful excuse for performing the act that would otherwise constitute the offence. 79 Discharge of firearms on certain land (1) A person must not discharge a firearm on land unless: (a) the person is the owner or occupier of the land;or (b) the occupier of the land has consented, either expressly or impliedly, to the discharge of the firearm on the land; or -- 108 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 99 (c) the person is authorised by or under another law in force in the Territory to discharge the firearm on the land. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) The onus of proving a fact mentioned in subsection (1) lies on the person alleging it and the standard of proof is the balance of probability. 80 Possession of firearms on certain land (1) A person must not possess a firearm on land the boundaries of which are fenced or clearly marked unless: (a) the person is the owner or occupier of the land; or (b) the occupier of the land has consented, either expressly or impliedly, to the person possessing the firearm on the land; or (c) the person is: (i) approaching the residence of the occupier along a defined or customary road or track for the purpose of applying for consent; or (ii) proceeding along a defined or customary road or track for the purpose of reaching a destination outside the land; or (d) the person is authorised by or under another law in force in the Territory to possess the firearm on the land; or (e) the person has some other lawful excuse for possessing the firearm on the land. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) The onus of proving a fact mentioned in subsection (1) lies on the person alleging it and the standard of proof is the balance of probability. 81 Restriction on possession and use of firearms on certain vacant Crown land (1) The Minister may, by Gazette notice, prohibit the possession or use of a firearm or a category of firearm on Crown land specified in the notice. -- 109 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 100 (2) Where a notice is in force under subsection (1), a person must not possess or use a firearm or a firearm of the category of firearm specified in the notice on the Crown land specified in the notice. Maximum penalty: 10 penalty units or imprisonment for 3 months. 82 Discharge of firearms on roads (1) A person must not knowingly discharge a firearm on, from, towards or across a public road, public street or public place. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she had a lawful excuse for discharging the firearm in the circumstances. 83 Prohibited use of firearms Unless permitted by a law in force in the Territory, a person must not: (a) engage in a contest, game or encounter that involves pointing a firearm; or (b) point or discharge a firearm; at or in the direction of another person. Maximum penalty: 50 penalty units or imprisonment for 12 months. 84 Discharge of firearm causing danger (1) A person must not discharge a firearm to endanger, annoy or frighten, or in a manner that is likely to endanger, annoy or frighten, the public or a person. Maximum penalty: 200 penalty units or imprisonment for 4 years. (2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she had a lawful excuse for discharging the firearm in the circumstances. -- 110 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 101 85 Breach of conditions The holder of a licence or permit must not contravene a condition of the licence or permit. Maximum penalty: 50 penalty units or imprisonment for 12 months. 86 Persons under influence of alcohol or drugs A person must not have a firearm in his or her actual possession while under the influence of alcohol or a drug. Maximum penalty: 50 penalty units or imprisonment for 12 months. 87 Delivery of firearms to certain persons A person must not give possession of a firearm or ammunition to another person if the person knows or has reasonable cause to believe that the other person is: (a) under the influence of alcohol or a drug; or (b) of unsound mind. Maximum penalty: 50 penalty units or imprisonment for 12 months. 88 Delivery of firearms to unlicensed persons Subject to section 58(3), a person in possession of a firearm must not knowingly permit another person to take possession of it unless: (a) the first-mentioned person has inspected the licence, permit or other authorisation of the other person that permits the other person to possess or use the firearm; or (b) the other person is the holder of a firearms armourer licence or firearms dealer licence and the firearm is given to the holder in the ordinary course of his or her business. Maximum penalty: 50 penalty units or imprisonment for 12 months. -- 111 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 102 89 False or misleading statements (1) A person must not make a statement in an official document the person knows to be false or misleading in a material particular. Maximum penalty: 100 penalty units or imprisonment for 2 years. (3) A person must not falsely state that a firearm has been disposed of, lost or stolen. Maximum penalty: 100 penalty units or imprisonment for 2 years. (4) In this section: official document means an application, notice, return, report, record, register or other document made, given, lodged or kept under this Act. 90 Matters to be notified (1) The holder of a licence, permit or certificate of registration must, if the person changes his or her name or address, notify the Commissioner, in writing, not later than 10 working days after the change. Maximum penalty: 10 penalty units or imprisonment for 3 months. (2) The holder of a licence, permit or certificate of registration must notify the Commissioner, in writing, of the loss, theft, destruction or disposal of a firearm to which the licence, permit or certificate relates not later than 2 working days after becoming aware of the loss, theft, destruction or disposal. Maximum penalty: 50 penalty units or imprisonment for 12 months. (3) If there is a change in the particulars specified in an application for a licence, permit or certificate of registration, the applicant or holder must, without delay, notify the Commissioner in writing of the change. Maximum penalty: 10 penalty units or imprisonment for 3 months. -- 112 of 158 -- Part 11 Offences Division 3 General offences Firearms Act 1997 103 (4) If a licence, permit or certificate of registration is lost, stolen, destroyed, defaced or damaged, the holder must notify the Commissioner, in writing, not later than 2 working days after becoming aware of the loss, theft, destruction, defacing or damage. Maximum penalty: 5 penalty units or imprisonment for 14 days. 91 Requirements and directions to be complied with A person must not refuse or fail to comply with a requirement or direction lawfully made or given by the Commissioner or a police officer under this Act. Maximum penalty: 20 penalty units or imprisonment for 6 months. 91A Notice of change of representative of certain licence and permit holders (1) Subsection (1A) applies to the holder of any of the following licences or permits if a person ceases to be the representative for the licence or permit: (a) a firearms dealer licence; (b) a firearms corporate licence; (c) a firearms museum licence; (d) a firearms club licence; (e) a paintball operator licence or permit; (f) an ammunition retail permit. (1A) The holder of the licence or permit must, within 14 days after the person ceases to be the representative, give the Commissioner written notice in the approved form. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) A person who is notified under this section as the representative of the holder of a licence or permit must be: (a) in respect of a firearms dealer licence, firearms corporate licence or ammunition retail permit – an employee of the holder of the licence; and (b) in respect of a firearms club licence – a member of the governing body or committee of the firearms club. -- 113 of 158 -- Part 12 Miscellaneous matters Division 1 Recognition of Interstate licences Firearms Act 1997 104 Part 12 Miscellaneous matters Division 1 Recognition of Interstate licences 92 Temporary recognition of interstate licences A person who is a resident of a State or another Territory is not required to hold a licence to possess or use category A firearms, category B firearms, category C firearms, category H firearms or ammunition for those categories of firearms: (a) for the purpose of participating in a shooting competition at a premises approved for shooting activities; or (b) for such other purposes as may be prescribed; if the person is the holder of a corresponding licence. 93 Interstate residents moving to the Territory (1) A resident of a State or another Territory who is the holder of a corresponding licence authorising the possession or use of category A firearms or category B firearms may notify the Commissioner in writing that he or she intends to reside in the Territory. (2) If the Commissioner is notified in accordance with subsection (1), the corresponding licence is, subject to any direction of the Commissioner, to be taken to be a licence authorising the possession or use of a firearm of the equivalent category of firearm in force in the Territory for 3 months from the time the person notified the Commissioner or until the person's application for a licence under this Act is granted or refused, whichever is sooner. (3) If a resident of a State or another Territory who is the holder of a corresponding licence authorising the possession or use of category C firearms (other than paintball firearms), category D firearms or category H firearms notifies the Commissioner in writing that the person intends to reside in the Territory, the corresponding licence is, subject to any direction of the Commissioner, to be taken to be a licence authorising the possession or use of the equivalent category of firearm in force in the Territory for a period of 2 days from the time the person notified the Commissioner. (4) After the expiry of the period mentioned in subsection (3), a person who: (a) has duly notified the Commissioner in accordance with that subsection; and -- 114 of 158 -- Part 12 Miscellaneous matters Division 1A Revocation, disqualification, forfeiture Firearms Act 1997 105 (b) applied for a licence before the expiry of the period; does not, while the person's application for a licence is being determined, commit an offence under this Act in respect of the possession of a firearm. Division 1A Revocation, disqualification, forfeiture 93A Revocation and disqualification (1) If a court finds a person guilty of an offence against this Act or the Weapons Control Act 2001 or involving a firearm, the court may: (a) revoke the person's licence or permit and disqualify the person from holding a specified licence or permit for the period specified by the court; and (b) order that the person is not to apply for a licence or permit or to register a firearm for the period of disqualification. (2) The period for which a court may disqualify the person is in addition to any period of automatic disqualification under this Act. 93B Disqualification if aggravating circumstance (1) If a court finds a person guilty of an offence mentioned in section 93A and the offence involves a circumstance of aggravation: (a) the person is liable to twice the penalty otherwise provided for the offence; and (b) the court must disqualify the person from holding any licence or permit for: (i) if the court imposes a pecuniary penalty for the offence – a minimum period of 4 years; or (ii) if the court imposes a custodial sentence for the offence – a minimum period of 10 years. (2) In this section: circumstance of aggravation, for an offence, means the offender was, at the time of committing the offence, subject to: (a) a refusal by the Commissioner to grant a licence or permit for a period of time; or -- 115 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 106 (b) a suspension or revocation of a licence, permit or certificate of registration under this Act; or (c) a period of disqualification under this Act. 93C No grant of licence or permit The Commissioner cannot grant a licence or permit to a person disqualified under section 93A or 93B during the period of disqualification. 93D Court may order forfeiture (1) If the court is satisfied that the person in whose name the firearm to which the offence mentioned in section 93A relates is registered: (a) is implicated in the offence – the court may order that the firearm (and any ammunition in the possession of the person) is forfeited to the Territory; or (b) is not implicated in the offence – the court may not order the firearm to be forfeited but may order that it be returned to that person. (2) Subsection (1) applies to a firearm in the possession of a person mentioned in that subsection despite that the firearm is not registered in that person's name. 93E No effect on general power A decision or action of the court under section 93A, 93B or 93D does not affect any power under this Act to revoke or suspend a licence, permit or certificate of registration. Division 2 General 93F No review of certain decisions by Commissioner Despite any other Act or law of the Territory (including the common law): (a) no person or body is entitled to investigate, inquire into, review or otherwise call into question a decision of the Commissioner under section 10(8A), 33(3A) or 40A(1); and (b) no proceedings for an appeal, an injunction, a declaration or an order for prohibition or mandamus are to be brought in relation to a decision of the Commissioner mentioned in paragraph (a). -- 116 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 107 94 Commissioner may require firearm to be lodged (1) Where the Commissioner refuses to grant a permit or certificate of registration, the Commissioner may direct the applicant to lodge a firearm to which the application relates with the Commissioner or the holder of a firearms dealer licence for the period specified by the Commissioner. (2) A person to whom a direction is given under subsection (1) must not contravene the direction. Maximum penalty: 50 penalty units or imprisonment for 12 months. 95 Police may request names and addresses A police officer may require a person who is in possession of a firearm or a silencer to state his or her name and address and the person must not: (a) refuse or fail to comply with the requirement; or (b) give to the officer a name that is false in a material particular; or (c) give to the officer an address that is not the person's full and correct residential address. Maximum penalty: 20 penalty units or imprisonment for 6 months. 96 Police may require production of licences and permits (1) A person, when in possession of a firearm, must: (a) carry the relevant licence or permit relating to the firearm; and (c) when requested by a police officer, produce the licence or permit for inspection by the officer. (2) When requested by a police officer, a person in possession of a category A firearm, category B firearm, category C firearm (other than paintball firearm), category D firearm or category H firearm must produce to the officer or another officer the person's certificate of registration or permit, as the case may be, in respect of the firearm not later than the time, and at the place, that the officer specifies. Maximum penalty: 17 penalty units or imprisonment for 6 months. -- 117 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 108 96A Police may require production of firearm (1) A police officer may, by notice in writing, require the registered owner of a firearm to produce the firearm at a time and place specified in the notice for the purpose of inspection of the firearm to determine whether or not the firearm complies with, and is held in compliance with, this Act. (2) If a person fails to comply with the requirement of a notice under subsection (1): (a) the person commits an offence punishable, on being found guilty, by: (i) if the offender is an individual – a fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months; or (ii) if the offender is a body corporate – a fine not exceeding 500 penalty units; and (b) all firearms licences held by the person, and all firearm registrations in the name of the person, are automatically suspended from the day specified in the notice to produce the firearm until 28 days after: (i) the day on which the firearm is produced; or (ii) the person provides information to the satisfaction of the Commissioner as to why the firearm was not produced as required. (3) It is a defence to a prosecution for an offence against subsection (2)(a) if the defendant proves that he or she did not know (for good reason) the whereabouts of the firearm or was otherwise (for good reason) unable to comply with the requirement to produce the firearm. (4) The Commissioner may, if he or she thinks the circumstances warrant it, reduce the period of suspension mentioned in subsection (2)(b). (5) If the person has not, within 28 days after the day specified in the notice to produce the firearm: (a) complied with the requirement; or (b) satisfied the Commissioner as to why the requirement has not been complied with; -- 118 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 109 all firearms licences held by the person and all firearm registrations in the name of the person are revoked by force of this section. 97 Searches in emergencies (1) A police officer may: (a) in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or a warrant; or (b) where the officer believes on reasonable grounds that a disqualifying offence has been, is being or is about to be committed; at any time, without warrant: (c) search a person reasonably suspected by the officer to be carrying a firearm or anything connected with an offence against this Act and the clothing being worn by, and the property in the immediate control of, the person; or (d) enter into or on and search any premises, vehicle, aircraft or vessel on or in which the officer believes on reasonable grounds that: (i) a firearm or anything connected with an offence against this Act is situated; or (ii) a person, who is in danger because of the possession of a firearm by the person or by some other person, may be; and if the officer believes on reasonable grounds that it is necessary to do so in order to prevent danger or injury to a person or the loss or destruction of anything connected with an offence against this Act, the member may seize anything that the officer finds in the course of the search, on or in the premises, vehicle, aircraft or vessel. (2) A police officer who believes on reasonable grounds that a person is carrying a firearm, and the person or some other person may be in danger because of the possession of the firearm, may stop the person and search the person for the firearm and seize any firearm found on the person. (3) A police officer who believes on reasonable grounds that a firearm is being carried in a vehicle, aircraft or vessel and that a person may be in danger because of the carriage of the firearm, may stop and enter and search the vehicle, aircraft or vessel and seize any -- 119 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 110 firearm found in it. (4) Except in circumstances mentioned in subsection (1)(a), a person is not to be searched under this section except by a person of the same sex. (5) In this section, firearm includes ammunition and a silencer. 98 Seizure A firearm seized by or surrendered to a police officer under this Act or any other law in force in the Territory may be retained by the officer or another police officer: (a) to determine whether an offence against this or any other Act has been committed; or (b) until the Commissioner makes a decision under this Act in respect of the firearm. 98A Seizure etc. of firearm includes ammunition If a firearm is forfeited, required to be surrendered or delivered up to the Commissioner or liable to seizure under this Act, any ammunition relating to the firearm is included in the forfeiture, surrender, delivering up or liability to seizure. 99 Retention of certain seized firearms (1) If a firearm is seized under section 126C(2) of the Police Administration Act 1978: (a) if it is not the property of the person involved in the event that led to it being seized, the Commissioner is to return it to its owner within 30 days if satisfied that: (i) it will not be kept on or in the premises, vehicle or vessel from which it was seized; or (ii) if it is to be so kept, adequate arrangements have been made to ensure that it is not likely to be used to place any person on or in the premises, vehicle or vessel in imminent danger of suffering personal injury or an aggravation of a personal injury; or (b) if the firearm is the property of the person involved in the event, the Commissioner may retain it for the longer of the following periods: (i) for 90 days after its seizure; -- 120 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 111 (ii) until the expiration of any period of revocation of a certificate of registration, licence or permit resulting from the person being placed on a final domestic violence order or found guilty of an offence. (2) The Commissioner may, with the consent of the owner of a firearm to which this section applies, arrange for the firearm to be stored by a person who may lawfully possess the firearm. (3) A person who stores a firearm under subsection (2) must comply with the directions or conditions of the Commissioner in relation to the firearm. Maximum penalty: 50 penalty units or imprisonment for 12 months. (4) The Commissioner or a police officer is not liable for any charge in relation to the storage of a firearm under subsection (2) and any charge is a debt due and payable by the owner of the firearm to the person with whom the firearm is stored. (5) A person with whom a firearm is stored under this section must not allow any person (including its owner) to have possession of the firearm except in accordance with the directions or conditions of the Commissioner. Maximum penalty: 50 penalty units or imprisonment for 12 months. (6) A person must not take possession of a firearm the subject of an arrangement under this section except in accordance with the directions or conditions of the Commissioner. Maximum penalty: 50 penalty units or imprisonment for 12 months. (7) Despite section 93D, all certificates of registration, licences, permits and authorisations under this Act held by a person found guilty of an offence against subsection (5) or (6) are, on the finding of guilt, revoked and all firearms to which they relate are forfeited to the Territory. 99A Storage of certain firearms (1) If a firearm: (a) is seized, surrendered or delivered up under this Act, except under Part 8A, or seized under section 126C(2) of the Police Administration Act 1978 and cannot be returned to the owner of the firearm because the owner's licence or permit, or the -- 121 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 112 certificate of registration of the firearm, is suspended or revoked; or (b) is lodged with the Commissioner under section 94 and cannot be returned to the owner of the firearm because the Commissioner has refused to grant a permit or certificate of registration; the Commissioner may, by notice in writing, direct the owner of the firearm to sell or otherwise dispose of the firearm. (2) If: (a) a firearm has come into the lawful possession of a police officer and has not been destroyed under section 116KM of the Police Administration Act 1978; and (b) no legal requirement exists for the retention of the firearm; and (c) reasonable attempts have been made to return the firearm to its registered owner; the Commissioner may, by notice in writing, direct the owner to take possession of the firearm. (3) If the owner of a firearm does not comply with a direction under subsection (1) or (2) within 28 days after the direction is given or any further time that the Commissioner specifies in the notice, the Commissioner may dispose of the firearm in accordance with section 166 of the Police Administration Act 1978 as if the firearm was unclaimed property. (4) The Regulations may prescribe fees that are payable in relation to the storage of a firearm by the Commissioner prior to the owner taking possession of the firearm. 100 Protection from liability The Territory, the Commissioner or a police officer is not liable for an act or omission of the Commissioner or a police officer done or made in good faith in the performance or exercise, or purported performance or exercise, of a power or function under this Act. 101 Report to be made in certain circumstances (1) A health practitioner or a professional counsellor or social worker who believes on reasonable grounds that, in the interests of public safety, a person is not a fit and proper person to have a firearm in his or her possession or control must report to a police officer the belief and the material facts on which the belief is based. -- 122 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 113 (2) If a person, acting in good faith, makes a report under or in purported compliance with subsection (1): (a) the report is not to be taken to be a breach of confidence or of professional etiquette or ethics or of a rule of professional conduct; and (b) no civil or criminal liability is incurred by reason only of the making of the report. (3) A firearms club or an historical firearms collector's society must provide a report in writing to the Commissioner without delay of any concern held by the club or society that a member is not a fit and proper person to have a firearm in his or her possession or control. (4) A firearms club or an historical firearms collector's society must, within 2 days after expelling a member from the club or society, provide a report in writing to the Commissioner of the expulsion and the reasons for it. Maximum penalty: 500 penalty units. (5) The provision of any information in good faith under or in purported compliance with subsection (3) or (4) does not give rise to any civil or criminal liability. (6) In this section: health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as: (a) a diagnostic radiographer in the diagnostic radiographer division of the medical radiation practice profession; or (b) a student. 102 Disclosure of information by Commissioner in certain circumstances (1) The Commissioner may disclose to a firearms club or an historical firearms collector's society any information the Commissioner holds about an applicant for membership of the club or society that relates to the following: (a) the firearms held by the applicant; (b) other firearms clubs or historical firearms collector's societies of which the applicant is a member; -- 123 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 114 (c) any other firearms clubs or historical firearms collector's societies of which the applicant has been refused membership, or from which the applicant has been expelled, in the preceding 5 years; (d) any licence or permit, or registration of a firearm, pertaining to the applicant that has been suspended or revoked in the preceding 5 years; (e) any application by the applicant for a licence, permit or registration of a firearm that has been refused by the Commissioner in the preceding 5 years. (2) If the Commissioner suspends or revokes a licence, permit or registration of a firearm in relation to a person, the Commissioner must inform any firearms club or historical firearms collector's society of which the person is a member of the suspension or revocation. (2A) If the Commissioner or a court suspends or revokes a firearms employee licence in relation to a person, the Commissioner must inform the holder of the firearms dealer licence, firearms corporate licence or firearms museum licence to which the employee licence relates of the suspension or revocation. (2B) If the Commissioner or a court suspends or revokes a firearms instructor licence or a permit in relation to a person and the Commissioner is aware of an employer or other person whose operations may be affected by the suspension or revocation, the Commissioner must inform the employer or other person of the suspension or revocation. (3) No civil or criminal liability arises from the provision of information under this section. 103 Duplicate certificates and licences (1) Where the Commissioner is satisfied that a licence, permit or certificate of registration has been damaged, destroyed, defaced, lost or stolen, the Commissioner may, on application of the holder, issue to the holder a duplicate in the approved form. (2) An application under subsection (1) is to be in the approved form accompanied by the determined fee. -- 124 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 115 104 Averments In proceedings for an offence against this Act, an averment in a complaint or information that: (a) a specified person was or was not, at a specified time, the holder of a specified licence, permit or certificate of registration; or (b) a specified firearm is of a specified calibre, category or kind; or (c) particular markings on a firearm are the marks of a specified manufacturer of firearms; or (d) a specified firearm was, at a particular time, registered or not registered; or (e) a licence, permit or certificate of registration was subject to specified conditions at a specified time; or (f) a time limit prescribed by this Act has or has not expired; or (g) a specified area of land was, at a particular time, owned or occupied by a specified person; is evidence of the fact so averred. 104A Evidence by certificate In any proceedings in a court for an offence against this Act, a certificate purporting to be signed by the Commissioner is prima facie evidence of the matters stated in the certificate and the facts on which they are based. 105 Evidentiary – meaning of possession of a firearm etc. (1) Without limiting the meaning of possession, for the purposes of any proceedings under this Act, a firearm, ammunition or a silencer is taken to be in the possession of a person if it is in or on any premises owned, leased or occupied by, or in the care, control or management of, the person unless the court is satisfied that: (a) the firearm, ammunition or silencer was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, ammunition or silencer; or (b) the person did not know and could not reasonably be expected to have known that the firearm, ammunition or silencer was in or on the premises; or -- 125 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 116 (c) on the evidence before it, the person was not in possession of the firearm, ammunition or silencer. (2) In this section: firearm includes a prohibited firearm. premises includes a place, vehicle, vessel or aircraft. 106 Service of notices and documents (1) A notice or other document required or permitted to be served on a person under this Act may be served: (a) by delivering it to the person; or (b) by posting it to the person's last-known place of business or residence; or (c) by leaving it at the person's last-known place of business or residence with a person who is apparently over the age of 16 years and living or working there; or (d) in the case of a corporation, by delivering or posting it to the registered office in the Territory or otherwise as provided by the Corporations Act 2001. (2) A notice or other document required or permitted to be served on the holder of a firearms employee licence may be served by leaving it with or posting it to the holder of the firearms dealer licence, firearms corporate licence or firearms museum licence specified in the firearms employee licence. (3) A notice required to be given to the Commissioner may be given to or served on the Commissioner personally or by post or may be given to or served on a police officer at a police station. 106A Conduct of representatives (1) If, in a proceeding for an offence against this Act, it is necessary to establish a person's state of mind in relation to particular conduct, it is sufficient to show: (a) the conduct was engaged in by a representative of the person, within the scope of the representative's actual or apparent authority; and (b) the representative had that state of mind. -- 126 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 117 (2) For a proceeding for an offence against this Act, conduct engaged in on behalf of a person by a representative within the scope of the representative's actual or apparent authority is taken to have been engaged in also by the person. (3) However, an individual is not liable to be punished by imprisonment for an offence against this Act if the offence arises because of the person's vicarious liability for the representative's conduct. (4) In this section: engaging in conduct includes failing or refusing to engage in conduct. representative means: (a) of a body corporate – an executive officer, employee or agent of the body corporate; or (b) of an individual – an employee or agent of the person. state of mind of a person includes: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. 106B Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if: (a) the body corporate commits an offence by contravening a declared provision (a relevant offence) and the officer knew, or could reasonably have been expected to have known, that the contravention would happen; and (b) the officer was in a position to influence the conduct of the body corporate in relation to the contravention; and (c) the officer failed to take reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. -- 127 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 118 (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the officer took when the officer became aware that the contravention was, or could be, about to happen. (3) Subsection (2) does not limit the matters the court may consider. (4) This section does not affect the liability of the body corporate. (5) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (6) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (7) In this section: declared provision means: (a) section 16A(4) or 19; or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. -- 128 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 119 107 Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence (1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence). Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) An offence against subsection (1) is a regulatory offence. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant: (a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or (b) took reasonable steps to prevent the contravention; or (c) did not know, and could not reasonably have been expected to know, that the contravention would happen. (4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen. (5) Subsection (4) does not limit the matters the court may consider. (6) This section does not affect the liability of the body corporate. -- 129 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 120 (7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (9) In this section: declared provision means: (a) section 26(2), 46(1), 58(1) or (6), 61(1) or (2), 61A(2), 62(1) or (2), 63(1) or (2) or 63A(1), (2) or (3); or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. 107A Offences by representatives of licence and permit holders (1) If the holder of a firearms dealer licence, firearms corporate licence, firearms museum licence, firearms club licence or ammunition retail permit contravenes a provision of this Act, the person who at the time of the offence is the representative of the holder of the licence or permit is taken to have contravened the same provision as if the person knowingly authorised or permitted the contravention. (2) A person may be charged with and found guilty of an offence in accordance with subsection (1) whether or not the holder of the licence is charged with or found guilty of the offence. 108 Commencement of prosecutions A prosecution for an offence against this Act is to be commenced: (a) not later than 12 months after the commission of the offence; or (b) not later than 12 months after the offence is discovered but, in any event, not later than 2 years after the commission of the offence. 109 Regulatory offences An offence against this Act, other than sections 60J, 61, 63A, 74, 89(1) and 95, is a regulatory offence. -- 130 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 121 110 Certain category H firearms to be produced to Commissioner (1) A person who, immediately before 1 July 2003, was the holder of a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting must, on or before 31 December 2003, present to the Commissioner or a police officer every category H firearm in the person's possession under the licence. (2) The Commissioner may specify a time and place at which a category H firearm mentioned in subsection (1) is to be produced. (3) If a person fails to produce a category H firearm mentioned in subsection (1) at the time and place specified under subsection (2), a police officer may give the registered owner of the firearm a notice under section 96A(1) and section 96A applies accordingly. (4) The registration of a category H firearm mentioned in subsection (1) is cancelled by force of this section: (a) at the time the firearm is produced to the Commissioner or a police officer; or (b) on 31 December 2003; whichever is the earlier. (5) If a firearm produced under this section is not of a type that is prescribed for this section: (a) the registered owner of the firearm is to be paid compensation at the rate specified in the National List of Compensation Values for Handgun Buyback 2003 as published from time to time by the Commonwealth; and (b) the firearm is forfeit to the Territory after compensation is paid. (6) If a firearm produced under this section is of a type that is prescribed for this section, the Commissioner must (subject to section 110A) register the firearm again without charge. (7) If the application of this section constitutes an acquisition of property for which the compensation provided under subsection (5) does not provide just terms, the registered owner of the firearm is entitled to receive just compensation for the acquisition and a court may determine the amount of the compensation or make an order that, in its opinion, is necessary to ensure that the acquisition is on just terms. -- 131 of 158 -- Part 12 Miscellaneous matters Division 2 General Firearms Act 1997 122 110A Voluntary surrender of category H firearms (1) Despite that a category H firearm presented under section 110 is of a type that is prescribed for that section and can be re-registered, the person in whose name the firearm was registered may voluntarily surrender the firearm to the Territory and, subject to subsection (2), receive compensation at the rate mentioned in section 110(5)(a). (2) Compensation is payable under subsection (1) only if the person surrenders every category H firearm held under the person's licence. (3) The Commissioner must revoke the licence to possess and use category H firearms of a person who voluntarily surrenders a Category H firearm under this section, and the person is not eligible to apply for the grant of a category H sports shooters licence for 5 years from the date of revocation. 111 Regulations (1) The Administrator may make regulations under this Act. (2) The Regulations may prescribe conditions to which a licence is subject that prohibit or restrict the right of the holder of the licence to undertake activities otherwise permitted under the licence. (3) The Regulations may provide for: (a) the payment of a prescribed amount, not exceeding 200 penalty units, instead of a penalty that may otherwise be imposed for an offence against this Act; and (b) the service of an infringement notice on a person alleged to have committed an offence mentioned in paragraph (a) and the particulars to be included in that notice. 112 Review of Act (1) The Commissioner must, within 3 years after the commencement of the Firearms Amendment (Paintball) Act 2007: (a) review the regulation of the playing of paintball; and (b) give a report of the review to the Minister. (2) The Minister must, within 7 sitting days after receiving the report, table a copy of it in the Legislative Assembly. -- 132 of 158 -- Part 13 Transitional matters Division 2 Statute Law Amendment (Directors' Liability) Act 2015 Firearms Act 1997 123 Part 13 Transitional matters Division 1 Firearms Amendment Act 2003 113 Transitional (1) Subsection (2) applies to a person who, immediately before 1 July 2003, was the holder of a shooter's licence authorising the possession and use of a category H firearm that was granted for (or partially for) the genuine reason of sports shooting. (2) Despite section 15A(1), the person is taken to lawfully hold any category H firearm the person was authorised to hold under the shooter's licence until the registration of the firearm is cancelled under section 110(4). Division 2 Statute Law Amendment (Directors' Liability) Act 2015 114 Offences – before and after commencement (1) Sections 106B and 107, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new sections) apply in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 11 of that Act (the commencement) only if: (a) all the conduct constituting the relevant offence occurred after the commencement; and (b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement. (2) Section 107, as in force before the commencement: (a) continues to apply in relation to offences committed by a body corporate before the commencement; and (b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new sections do not apply. -- 133 of 158 -- Part 13 Transitional matters Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 Firearms Act 1997 124 Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 115 Definitions In this Division: amending Act means the Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023. commencement means the commencement of Part 9 of the amending Act. former Act means this Act as in force immediately before the commencement. former Tribunal means the Firearms Appeal Tribunal established by section 50 of the former Act. 116 Review of decisions and actions before commencement (1) This section applies to a person if, immediately before the commencement, the person: (a) was entitled to appeal to the former Tribunal against a decision or action of the Commissioner (an appealable decision or action) under section 51 of the former Act; and (b) had not yet instituted an appeal to the former Tribunal against the appealable decision or action. (2) The person cannot institute an appeal to the former Tribunal against the appealable decision or action after the commencement, but the person may apply to NTCAT for review of the appealable decision or action. (3) NTCAT has jurisdiction to review an appealable decision or action on an application made by the person under subsection (2). (4) An application under subsection (2) must be made within 28 days after the date of the appealable decision or action. 117 Pending proceeding before former Tribunal (1) This section applies in relation to an appeal to the former Tribunal (a pending proceeding) that: (a) was instituted by a person under section 51 of the former Act; and -- 134 of 158 -- Part 13 Transitional matters Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 Firearms Act 1997 125 (b) had not been finally determined by the former Tribunal before the commencement. (2) Despite the repeal of Part 9 of the former Act by section 82 of the amending Act: (a) the former Tribunal continues in existence for the purpose of enabling it to determine any pending proceeding before it; and (b) a person who was a member of the former Tribunal immediately before the commencement continues to be a member of the former Tribunal for the purpose of enabling it to determine the pending proceeding; and (c) the former Tribunal must continue to hear and determine the pending proceeding in accordance with the former Act, as if Part 9 of the amending Act had not commenced; and (d) Part 9 and Schedule 7 of the former Act continue to apply after the commencement in relation to the pending proceeding. (3) A party to a pending proceeding may appeal to the Supreme Court against a decision made by the former Tribunal in the pending proceeding in accordance with section 54C of the former Act, as if Part 9 of the amending Act had not commenced. (4) Subject to section 120, the Supreme Court must hear and determine the party's appeal in accordance with section 54C of the former Act, as if Part 9 of the amending Act had not commenced. 118 Appeals against decisions of former Tribunal not instituted before commencement (1) This section applies to a person if, immediately before the commencement, the person: (a) was entitled to appeal to the Supreme Court against a decision of the former Tribunal under section 54C of the former Act; and (b) had not yet instituted an appeal against the decision. (2) The person may appeal to the Supreme Court against the decision in accordance with section 54C of the former Act, as if Part 9 of the amending Act had not commenced. -- 135 of 158 -- Part 13 Transitional matters Division 3 Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 Firearms Act 1997 126 (3) Subject to section 120, the Supreme Court must hear and determine the person's appeal in accordance with section 54C of the former Act, as if Part 9 of the amending Act had not commenced. 119 Appeals against decisions of former Tribunal not determined before commencement (1) Subsection (2) applies in relation to an appeal to the Supreme Court against a decision of the former Tribunal that: (a) was instituted by a person under section 54C of the former Act; and (b) had not been finally determined by the Court before the commencement. (2) Subject to section 120, the Supreme Court must continue to hear and determine the person's appeal in accordance with section 54C of the former Act, as if Part 9 of the amending Act had not commenced. 120 Remittal of matters to NTCAT on appeals determined after commencement (1) If the decision of the Supreme Court on an appeal referred to in section 117(4), 118(3) or 119(2) would require the matter that is the subject of the appeal to be remitted to the former Tribunal to be determined again in accordance with the Court's directions, the Court: (a) must instead remit the matter to NTCAT for determination; and (b) may make any orders and give any directions that it considers appropriate to facilitate the remittal of the matter to NTCAT instead of the former Tribunal. (2) Subject to subsection (3), NTCAT must hear and determine the remitted matter as if it had originally been commenced in NTCAT by way of application for review of the decision or action of the Commissioner that was the subject of the appeal to the former Tribunal. (3) For the determination of the remitted matter, NTCAT may make any decision or order under Part 9 of the former Act that could have been made by the former Tribunal in accordance with the Court's directions if the matter had been remitted to it. -- 136 of 158 -- Part 13 Transitional matters Division 5 Firearms Amendment Act 2026 Firearms Act 1997 127 Division 4 Attorney-General and Police Legislation Amendment Act 2025 121 Application of amendments to section 35 (1) The amendments made to section 35 by the amending Act do not apply in relation to an application for a permit that was made, but not decided, before the commencement. (2) Section 35, as in force immediately before the commencement, continues to apply in relation to an application mentioned in subsection (1). (3) In this section: amending Act means the Attorney-General and Police Legislation Amendment Act 2025. commencement means the commencement of section 4 of the amending Act. Division 5 Firearms Amendment Act 2026 122 Definitions In this Division: amending Act means the Firearms Amendment Act 2026. commencement means the commencement of the amending Act. 123 Periods of licences (1) Section 14(1)(d), as inserted by the amending Act, applies in relation to a firearms corporate licence issued as the result of an application lodged after the commencement. (2) Section 14(1)(ga), as amended by the amending Act, applies in relation to a firearms employee licence issued as the result of an application lodged after the commencement. 124 Firearms Advisory Council (1) A member of the Firearms Advisory Council holding office under section 55(2)(a) immediately before the commencement ceases to hold office on the commencement but is eligible for reappointment subject to the operation of section 55 as amended by the amending Act. -- 137 of 158 -- Part 13 Transitional matters Division 5 Firearms Amendment Act 2026 Firearms Act 1997 128 (2) A member of the Firearms Advisory Council holding office under section 55(2)(b) immediately before the commencement ceases to hold office on the commencement but is eligible for reappointment subject to the operation of section 55 as amended by the amending Act. (3) A member of the Firearms Advisory Council holding office under section 55(2)(c) immediately before the commencement may continue to hold office until the member’s term of office expires but is eligible for reappointment subject to the operation of section 55 as amended by the amending Act. 125 Matters to be notified (1) A person commits an offence if: (a) the person is the holder of a licence, permit or certificate of registration immediately before the commencement; and (b) a firearm to which the licence, permit or certificate relates was, before the commencement: (i) rendered inoperable, in whole or in part; or (ii) destroyed, defaced, damaged or disposed of; and (c) the person fails to notify the Commissioner in writing, within 30 days after the commencement, of a circumstance mentioned in paragraph (b) and is reckless in relation to that failure. Maximum penalty: 50 penalty units or imprisonment for 12 months. (2) Strict liability applies to subsection (1)(a) and (b). -- 138 of 158 -- Schedule 1 Prohibited firearms Firearms Act 1997 129 Schedule 1 Prohibited firearms section 3 1 A machine gun, sub-machine gun or other firearm capable of propelling projectiles in rapid succession during one pressure of the trigger. 2 A self-loading rimfire rifle (including such a firearm described elsewhere in this Schedule). 3 A self-loading centre-fire rifle (including such a firearm described elsewhere in this Schedule). 4 A self-loading or pump action shotgun (including such a firearm described elsewhere in this Schedule). 5 A self-loading centre-fire rifle of a kind that is designed or adapted for military purposes. 6 A self-loading shotgun of a kind that is designed or adapted for military purposes. 7 A firearm that substantially duplicates in appearance (regardless of calibre or manner of operation) a firearm mentioned in item 1, 5 or 6. 8 A shotgun fitted with or designed to be fitted with a drum magazine of the "Striker 12" assault shotgun type or any similar weapon. 9 A firearm to which there is attached an article or device capable of muffling, reducing or stopping the noise created by firing the firearm. 10 A firearm, not being a pistol, fitted with a stock that is specially designed so as to be readily detachable, or to operate on a swivel, folding or telescopic basis. 11 A firearm made up in the form of a stylographic or propelling pen or pencil, capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic flares. 12 A firearm capable of discharging, in any way: (a) an irritant matter in liquid, powder, gas or chemical form; or (b) a pyrotechnic flare or dye, other than a distress signal device. 13 A firearm that substantially duplicates in appearance a walking stick or walking cane. -- 139 of 158 -- Schedule 1 Prohibited firearms Firearms Act 1997 130 14 A cannon or other weapon by whatever name known of a type that will expel a projectile by the action of an explosive or other propellant, and that has a barrel with a bore in excess of 10 gauge. 15 A firearm or part that has a dimension less than the minimum dimension prescribed for the firearm or part. -- 140 of 158 -- Schedule 2 Category A firearms Firearms Act 1997 131 Schedule 2 Category A firearms section 3 Air rifles Rimfire rifles, other than self-loading Shotguns, other than pump action or self-loading Shotgun and rimfire rifle combinations -- 141 of 158 -- Schedule 3 Category B firearms Firearms Act 1997 132 Schedule 3 Category B firearms section 3 Muzzle-loading firearms Centre-fire rifles, other than self-loading Shotgun and centre-fire rifle combinations -- 142 of 158 -- Schedule 4 Category C firearms Firearms Act 1997 133 Schedule 4 Category C firearms section 3 Self-loading rimfire rifles with magazine capacity of no more than 10 rounds Self-loading shotguns with magazine capacity of no more than 5 rounds Pump action shotguns with magazine capacity of no more than 5 rounds Firearms designed to discharge tranquillisers Paintball firearms -- 143 of 158 -- Schedule 5 Category D firearms Firearms Act 1997 134 Schedule 5 Category D firearms section 3 Self-loading centre-fire rifles Self-loading shotguns with capacity of more than 5 rounds Pump action shotguns with capacity of more than 5 rounds Self-loading rimfire rifles with magazine capacity of more than 10 rounds Firearms, other than pistols, less than 70 cm in length and capable of being concealed on or about the person Inoperable machine guns -- 144 of 158 -- Schedule 6 Category H firearms Firearms Act 1997 135 Schedule 6 Category H firearms section 3 Pistols and air pistols -- 145 of 158 -- Schedule 7 Reviewable decisions Firearms Act 1997 136 Schedule 7 Reviewable decisions section 50 Item Reviewable decision Affected person 1 A decision of the Commissioner under section 10 to refuse to grant a licence, other than a refusal on the grounds mentioned in section 10(8A) The applicant for the licence 2 A decision of the Commissioner under sections 10 and 13(2)(b) to grant a licence subject to conditions specified by the Commissioner The applicant for the licence 2A A decision of the Commissioner under section 13(2A) to revoke or vary a condition of a licence, or to specify a further condition of a licence The holder of the licence 3 A decision of the Commissioner under section 31 to refuse to grant a permit, other than a refusal on the grounds mentioned in section 33(3A) The applicant for the permit 4 A decision of the Commissioner under sections 31 and 34(1)(b) to grant a permit subject to conditions specified by the Commissioner The applicant for the permit 4A A decision of the Commissioner under section 34(1A) to revoke or vary a condition of a permit, or to specify a further condition of a permit The holder of the permit 5 A decision of the Commissioner under section 34(3) to suspend or revoke a permit, other than a revocation on the grounds mentioned in section 40A(1) The holder of the permit 6 A decision of the Commissioner under section 36 to refuse to register a firearm The applicant for registration 7 A decision of the Commissioner under section 40(2), (2A) or (3) to revoke a licence, permit or certificate of registration The holder of the licence, permit or certificate -- 146 of 158 -- Schedule 7 Reviewable decisions Firearms Act 1997 137 Item Reviewable decision Affected person 8 A decision of a police officer under section 42(1) to suspend a licence, permit or certificate of registration The holder of the licence, permit or certificate 9 A decision of the Commissioner under section 42(1A) to suspend a licence, permit or certificate of registration The holder of the licence, permit or certificate 10 A decision of the Commissioner under section 49(2) to refuse to approve premises The applicant for the approval 11 A decision of the Commissioner under section 49(6) to suspend or revoke an approval given under section 49 The holder of the approval 12 A decision of the Commissioner under section 49A(3) to refuse an application for an approval for the use of premises as a paintball range The applicant 13 A decision of the Commissioner under section 49A(3) and (6) to approve an application for an approval for the use of premises as a paintball range subject to conditions imposed by the Commissioner The applicant 14 A decision of the Commissioner under section 49ZA(2)(a) to direct an owner of a firearm or firearm related item to sell or otherwise dispose of the firearm or firearm related item The owner of the firearm or firearm related item -- 147 of 158 -- ENDNOTES Firearms Act 1997 138 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Firearms Act 1997 (Act No. 2, 1997) Assent date 11 March 1997 Commenced 13 March 1997 (Gaz S8, 13 March 1997) Firearms Amendment Act 2000 (Act No. 39, 2000) Assent date 19 August 2000 Commenced 19 August 2000 Firearms Amendment Act (No. 2) 2000 (Act No. 64, 2000) Assent date 14 December 2000 Commenced 1 January 2001 (Gaz S63, 22 December 2000, p 1) Amending Legislation Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001) Assent date 11 December 2001 Commenced s 8: 1 January 2001 (s 2(2), s 2 Firearms Amendment Act (No. 2) 2000 (Act No. 64, 2000) and Gaz S63, 22 December 2000, p 1) Corporations Reform (Consequential Amendments (NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Firearms Amendment Act 2003 (Act No. 25, 2003) Assent date 26 June 2003 Commenced 1 July 2003 (s 2) -- 148 of 158 -- ENDNOTES Firearms Act 1997 139 Firearms Amendment Act 2004 (Act No. 19, 2004) Assent date 15 March 2004 Commenced s 4: nc (rep by Act No 4, 2007); rem: 28 April 2004 (Gaz G17, 28 April 2004, p 2) Amending Legislation Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Domestic Violence Amendment (Police Orders) Act 2005 (Act No. 38, 2005) Assent date 22 November 2005 Commenced 22 February 2006 (Gaz G8, 22 February 2006, p 5) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Firearms Amendment (Paintball) Act 2007 (Act No. 17, 2007) Assent date 18 September 2007 Commenced 29 November 2007 (Gaz G48, 28 November 2007, p 4) Domestic and Family Violence Act 2007 (Act No. 34, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz G25, 25 June 2008, p 4) Statute Law Revision Act 2008 (Act No. 6, 2008) Assent date 11 March 2008 Commenced 11 March 2008 Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Statute Law Revision Act 2009 (Act No. 25, 2009) Assent date 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Statute Law Revision Act 2010 (Act No. 29, 2010) Assent date 9 September 2010 Commenced 13 October 2010 (Gaz G41, 13 October 2010, p 2) -- 149 of 158 -- ENDNOTES Firearms Act 1997 140 Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Justice and Other Legislation Amendment Act 2011 (Act No. 25, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Firearms Amendment Act 2014 (Act No. 32, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G40, 14 October 2015, p 3) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Personal Violence Restraining Orders Act 2016 (Act No. 10, 2016) Assent date 29 April 2016 Commenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Firearms and Weapons Control Legislation Amendment Act 2016 (Act No. 27, 2016) Assent date 13 July 2016 Commenced 12 October 2016 (Gaz G41, 12 October 2016, p 2) -- 150 of 158 -- ENDNOTES Firearms Act 1997 141 Domestic and Family Violence (Recognition of Domestic Violence Orders) (National Uniform Law) Amendment Act 2017 (Act No. 2, 2017) Assent date 10 March 2017 Commenced 25 November 2017 (Gaz S86, 24 November 2017, p 1) Justice and Other Legislation Amendment (Australian Crime Commission) Act 2017 (Act No. 9, 2017) Assent date 31 May 2017 Commenced 31 May 2017 Animal Protection Act 2018 (Act No. 25, 2018) Assent date 22 November 2018 Commenced 1 November 2022 (Gaz , 2022, p 1) Amending Legislation Animal Protection Amendment Act 2022 (Act No. 19, 2022) Assent date 12 September 2022 Commenced 13 September 2022 (s 2) Firearms Legislation Amendment Act 2019 (Act No. 38, 2019) Assent date 13 December 2019 Commenced 2 March 2020 (Gaz S8, 28 February 2020) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Police Administration Amendment Act 2021 (Act No. 8, 2021) Assent date 13 April 2021 Commenced 27 May 2021 (Gaz S15, 27 May 2021) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Police Legislation Further Amendment Act 2023 (Act No. 18, 2023) Assent date 17 August 2023 Commenced 21 September 2023 (Gaz S67, 20 September 2023) Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023) Assent date 21 September 2023 Commenced 27 November 2023 (Gaz G24, 23 November 2023, p 2) -- 151 of 158 -- ENDNOTES Firearms Act 1997 142 Firearms and Weapons Control Legislation Amendment Act 2023 (Act No. 32, 2023) Assent date 6 December 2023 Commenced pt 3: 3 May 2024 (s 2(2) and Gaz S35 02/05/2024) (Gaz S35 published 2 May 2024, revokes the commencement notice dated 8 April 2024 and published in Gaz G9, 26 April 2024); rem: 7 December 2023 (s 2(1)) Justice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33, 2023) Assent date 6 December 2023 Commenced 25 March 2024 (Gaz S18, 22 March 2024) Amending Legislation Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) Justice and Other Legislation Amendment Act 2024 (Act No. 4, 2024) Assent date 14 March 2024 Commenced pt 5, div 1: 30 October 2023 (s 2(2)); pt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other Legislation Amendment Act 2022 (Act No. 28, 2022) and Gaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 15 March 2024 (s 2(1)) Attorney-General and Police Legislation Amendment Act 2025 (Act No. 35, 2025) Assent date 5 December 2025 Commenced 6 December 2025 (s 2) Firearms Amendment Act 2026 (Act No. 10, 2026) Assent date 28 May 2026 Commenced 30 June 2026 (s 2(2)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 10, 54A, 60J, 78, 93A, 99 and 99A. -- 152 of 158 -- ENDNOTES Firearms Act 1997 143 4 LIST OF AMENDMENTS pt 1 hdg amd No. 25, 2011, s 18 s 3 amd No. 39, 2000, s 3; No. 64, 2000, s 4; No. 25, 2003, s 4; No. 38, 2005, s 14; No. 4, 2007, s 2; No. 17, 2007, s 4; No. 34, 2007, s 138; No. 25, 2011, s 12; No. 9, 2016, s 160; No. 10, 2016, s 31; No. 2, 2017, s 23; No. 38, 2019, s 4; No. 24, 2023, s 76; No. 32, 2023, s 4; No. 33, 2023, s 78 s 4 amd No. 64, 2000, s 5; No. 25, 2003, s 5; No. 17, 2007, s 28; No. 25, 2011, s 18; No. 27, 2014, s 57; No. 27, 2016, s 4; No. 32, 2023, s 5; No. 10, 2026, s 4 s 4A ins No. 38, 2019, s 5 amd No. 10, 2026, s 5 s 5 amd No. 25, 2003, s 6; No. 25, 2011, s 18; No. 38, 2019, s 6 s 6 amd No. 25, 2011, s 18 s 7 amd No. 19, 2004, s 5; No. 29, 2010, s 6; No. 25, 2011, s 18; No. 9, 2017, s 9 s 8 amd No. 25, 2011, s 18 s 9 amd No. 64, 2000, s 6; No. 17, 2007, s 5; No. 25, 2011, s 18; No. 32, 2023, s 6 s 10 amd No. 64, 2000, s 7; No. 25, 2003, s 7; No. 17, 2007, s 6; No. 34, 2007, s 139; No. 25, 2011, s 13; No. 32, 2023, s 7; No 4, 2024, s 36 s 10AA ins No. 25, 2003, s 8 amd No. 25, 2011, s 18 s 10AB ins No. 25, 2003, s 8 amd No. 32, 2023, s 8 s 10AC ins No. 25, 2003, s 8 amd No. 25, 2011, s 18 s 10AD ins No. 17, 2007, s 7 s 10A ins No. 64, 2000, s 8 amd No. 17, 2007, s 28; No. 32, 2023, s 9 s 11 amd No. 64, 2000, s 9; No. 25, 2003, s 9; No. 17, 2007, s 28; No. 25, 2011, s 18; No. 25, 2018, s 130; No. 32, 2023, s 10 s 12 amd No. 17, 2007, s 28 s 13 amd No. 25, 2003, s 10; No. 25, 2011, s 18; No. 10, 2026, s 6 s 14 amd No. 64, 2000, s 10; No. 25, 2003, s 11; No. 19, 2004, s 6; No. 17, 2007, s 8; No. 25, 2011, s 18; No. 27, 2016, s 5; No. 32, 2023, s 11; No. 10, 2026, s 7 pt 3 div 3A hdg ins No. 25, 2003, s 12 s 15A ins No. 25, 2003, s 12 s 15B ins No. 25, 2003, s 12 amd No. 19, 2004, s 33; No. 25, 2011, s 18 s 15C ins No. 25, 2003, s 12 s 16A ins No. 25, 2003, s 13 amd No. 17, 2007, s 28; No. 25, 2011, s 18; No. 27, 2011, s 4 s 16B ins No. 32, 2023, s 12 s 17 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023, s 13 s 18 amd No. 64, 2000, s 37 as amd by No. 62, 2001, s 8; No. 25, 2003, s 14; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023, s 14 s 19 amd No. 64, 2000, s 37 as amd by No. 62, 2001, s 8; No. 25, 2011, s 18; No. 27, 2011, s 4 sub No. 32, 2023, s 15 s 20 amd No. 64, 2000, s 37 sub No. 25, 2003, s 15 amd No. 34, 2007, s 139; No. 25, 2011, s 14; No. 27, 2011, s 4 rep No. 32, 2023, s 15 -- 153 of 158 -- ENDNOTES Firearms Act 1997 144 s 22 amd No. 64, 2000, ss 11 and 37; No. 25, 2003, s 16; No. 25, 2011, s 18; No. 27, 2011, s 4 s 22A ins No. 25, 2003, s 17 amd No. 27, 2011, s 4 s 23 amd No. 64, 2000, s 37; No. 25, 2003, s 42; No. 25, 2011, s 18; No. 27, 2011, s 4 s 24 amd No. 64, 2000, s 37; No. 25, 2003, s 18; No. 19, 2004, s 7; No. 25, 2009, s 6; No. 25, 2011, s 18; No. 27, 2011, s 4 s 25 amd No. 64, 2000, s 37; No. 27, 2011, s 4 pt 3 div 6A hdg ins No. 25, 2003, s 19 s 25A ins No. 25, 2003, s 19 amd No. 25, 2011, s 18 s 26 amd No. 64, 2000, ss 12 and 37; No. 19 , 2004, s 8; No. 25, 2011, s 18; No. 27, 2011, s 4 pt 3 div 8 hdg rep No. 32, 2023, s 16 s 27 rep No. 32, 2023, s 16 s 29A ins No. 32, 2023, s 17 pt 3 div 12 hdg ins No. 64, 2000, s 13 s 30A ins No. 64, 2000, s 13 amd No. 25, 2003, s 20; No. 25, 2011, s 18 s 30B ins No. 64, 2000, s 13 amd No. 25, 2003, s 21; No. 25, 2011, s 18; No. 27, 2011, s 4 pt 3 div 13 hdg ins No. 64, 2000, s 13 s 30C ins No. 64, 2000, s 13 pt 3 div 13A hdg ins No. 32, 2023, s 18 s 30CA ins No. 32, 2023, s 18 pt 3 div 14 hdg ins No. 17, 2007, s 9 pt 3 div 14 sdiv 1 hdg ins No. 17, 2007, s 9 s 30D ins No. 17, 2007, s 9 pt 3 div 14 sdiv 2 hdg ins No. 17, 2007, s 9 ss 30E – 30G ins No. 17, 2007, s 9 s 31 amd No. 64, 2000, s 14; No. 25, 2003, s 22; No. 19, 2004, s 9; No. 17, 2007, s 10; No. 25, 2011, s 18; No. 32, 2023, s 19 s 32 amd No. 17, 2007, s 11; No. 25, 2011, s 18; No. 32, 2023, s 20 s 33 amd No. 39, 2000, s 4; No. 64, 2000, s 15; No. 25, 2003, s 23; No. 17, 2007, s 12; No. 34, 2007, s 139; No. 25, 2011, s 15; No. 32, 2023, s 21 s 33A ins No. 39, 2000, s 5 amd No. 25, 2011, s 18 s 34 amd No. 64, 2000, s 16; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 32, 2023, s 22; No. 10, 2026, s 8 s 35 amd No. 64, 2000, s 17; No. 25, 2011, s 18; No. 35, 2025, s 4 ss 35A – 35C ins No. 25, 2003, s 24 amd No. 25, 2011, s 18 s 35D ins No. 17, 2007, s 13 s 36 amd No. 25, 2003, s 42; No. 19, 2004, s 33; No. 25, 2011, s 18 s 37 amd No. 25, 2011, s 18 s 39 amd No. 64, 2000, s 18; No. 34, 2007, s 140; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 10, 2016, s 31 -- 154 of 158 -- ENDNOTES Firearms Act 1997 145 s 40 amd No. 64, 2000, ss 19 and 37; No. 25, 2003, s 25; No. 17, 2007, s 14; No. 34, 2007, s 139; No. 25, 2011, s 16; No. 27, 2011, s 4; No. 24, 2023, s 77; No. 32, 2023, s 23 s 40A ins No. 25, 2003, s 26 amd No. 17, 2007, s 28; No. 25, 2011, s 18 s 40B ins No. 25, 2003, s 26 amd No. 25, 2011, s 18 s 42 amd No. 64, 2000, s 37; No. 19, 2004, s 10; No. 17, 2007, s 15; No. 25, 2011, s 18; No. 27, 2011, s 4 s 43 amd No. 19, 2004, s 11; No. 25, 2011, s 18; No. 27, 2011, s 4 s 44 amd No. 64, 2000, s 37; No. 25, 2003, s 42; No. 27, 2011, s 4; No. 24, 2023, s 78 s 44A ins No. 64, 2000, s 20 rep No. 19, 2004, s 12 s 45 amd No. 64, 2000, s 37 rep No. 19, 2004, s 13 ins No. 24, 2023, s 79 s 46 amd No. 64, 2000, s 37 sub No. 19 , 2004, s 13 amd No. 25, 2011, s 18; No. 27, 2011, s 4 s 47 amd No. 25, 2011, s 18 pt 8 hdg amd No. 17, 2007, s 28 s 48 amd No. 64, 2000, s 37; No. 17, 2007, s 28; No. 27, 2011, s 4 s 49 amd No. 64, 2000, s 37; No. 19, 2004, s 33; No. 17, 2007, s 28; No. 25, 2011, s 18; No. 27, 2011, s 4 s 49A ins No. 17, 2007, s 16 pt 8A hdg ins No. 38, 2019, s 7 pt 8A div 1 hdg ins No. 38, 2019, s 7 ss 49B – 49D ins No. 38, 2019, s 7 pt 8A div 2 hdg ins No. 38, 2019, s 7 ss 49E – 49K ins No. 38, 2019, s 7 pt 8A div 3 hdg ins No. 38, 2019, s 7 pt 8A div 3 note amd No. 24, 2023, s 80 s 49L ins No. 38, 2019, s 7 amd No. 24, 2023, s 81 ss 49M – 49N ins No. 38, 2019, s 7 pt 8A div 4 hdg ins No. 38, 2019, s 7 ss 49P – 49S ins No. 38, 2019, s 7 s 49T ins No. 38, 2019, s 7 amd No. 4, 2023, s 23 pt 8A div 5 hdg ins No. 38, 2019, s 7 ss 49U – 49ZA ins No. 38, 2019, s 7 pt 8A div 6 hdg ins No. 38, 2019, s 7 s 49ZAB ins No. 38, 2019, s 7 pt 9 hdg sub No. 24, 2023, s 82 s 50 amd No. 19, 2004, s 33; No. 25, 2011, s 18; No. 8, 2016, s 45 sub No. 24, 2023, s 82 s 51 amd No. 64, 2000, s 37; No. 19, 2004, s 14; No. 27, 2011, s 4; No. 38, 2019, s 8 sub No. 24, 2023, s 82 s 52 rep No. 24, 2023, s 82 -- 155 of 158 -- ENDNOTES Firearms Act 1997 146 s 53 amd No. 64, 2000, s 37 rep No. 19, 2004, s 15 s 53A ins No. 64, 2000, s 21 rep No. 19, 2004, s 15 s 54 amd No. 19, 2004, s 16 rep No. 24, 2023, s 82 s 54A ins No. 19, 2004, s 17 amd No. 8, 2016, s 45 rep No. 24, 2023, s 82 ss 54B – 54C ins No. 19, 2004, s 17 rep No. 24, 2023, s 82 s 55 amd No. 19, 2004, s 33; No. 25, 2011, s 18; No. 10, 2026, s 9 s 56 amd No. 25, 2011, s 18 s 58 amd No. 64, 2000, ss 22 and 37; No. 25, 2003, s 27; No. 19, 2004, s 18; No. 17, 2007, s 17; No. 34, 2007, ss 139 and 140; No. 25, 2011, s 17; No. 27, 2011, s 4; No. 38, 2019, s 9 s 58A ins No. 25, 2003, s 28 amd No. 19, 2004, s 19; No. 25, 2011, s 18; No. 27, 2011, s 4 s 58B ins No. 25, 2003, s 28 amd No. 27, 2011, s 4 s 59 amd No. 64, 2000, s 37; No. 17, 2007, s 18; No. 27, 2011, s 4; No. 38, 2019, s 10 s 60 amd No. 64, 2000, s 37; No. 27, 2011, s 4 pt 11 div 2A hdg ins No. 19, 2004, s 20 s 60A ins No. 19, 2004, s 20 pt 11 div 2B hdg ins No. 17, 2007, s 19 ss 60B – 60H ins No. 17, 2007, s 19 s 60J ins No. 17, 2007, s 19 sub No. 32, 2014, s 3 ss 60K – 60L ins No. 17, 2007, s 19 s 61 rep No. 64, 2000, s 23 ins No. 25, 2003, s 29 amd No. 27, 2011, s 4 s 61A ins No. 25, 2003, s 29 amd No. 27, 2011, s 4 s 61B ins No. 10, 2026, s 10 s 62 amd No. 64, 2000, s 37 sub No. 19, 2004, s 21 amd No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 11 s 63 amd No. 64, 2000, s 24 sub No. 19, 2004, s 21 amd No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 12 s 63A ins No. 19, 2004, s 21 amd No. 25, 2011, s 18; No. 27, 2011, s 4 s 63B ins No. 19, 2004, s 21 amd No. 27, 2011, s 4; No. 38, 2019, s 13 s 64 amd No. 64, 2000, ss 25 and 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 65 sub No. 64, 2000, s 26 amd No. 25, 2011, s 18; No. 27, 2011, s 4 s 66 amd No. 39, 2000, s 6; No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 67 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 14 s 68 amd No. 64, 2000, s 37; No. 27, 2011, s 4; No. 38, 2019, s 15; No. 10, 2026, s 11 -- 156 of 158 -- ENDNOTES Firearms Act 1997 147 s 68A ins No. 19, 2004, s 22 amd No. 25, 2011, s 18; No. 27, 2011, s 4; No. 10, 2026, s 12 s 69 amd No. 64, 2000, s 37; No. 19, 2004, s 23; No. 17, 2007, s 20; No. 27, 2011, s 4; No. 32, 2023, s 24; No. 10, 2026, s 13 s 70 amd No. 64, 2000, s 37; No. 27, 2011, s 4 s 71 amd No. 64, 2000, ss 27 and 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 72 amd No. 64, 2000, s 37 rep No. 19, 2004, s 24 s 73 amd No. 64, 2000, ss 28 and 37; No. 27, 2011, s 4 s 74 amd No. 64, 2000, s 37 sub No. 25, 2003, s 30 amd No. 27, 2011, s 4 s 75 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 76 amd No. 64, 2000, ss 29 and 37; No. 25, 2003, s 31; No. 27, 2011, s 4 s 77 sub No. 64, 2000, s 30 amd No. 19, 2004, s 33; No. 25, 2011, s 18; No. 27, 2011, s 4 s 78 amd No. 64, 2000, s 37; No. 19, 2004, s 25; No. 28, 2008, s 3; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 39, 2019, s 370 ss 79 – 83 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 84 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 38, 2019, s 16 s 85 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 ss 86 – 88 amd No. 64, 2000, s 37; No. 27, 2011, s 4 s 89 amd No. 64, 2000, s 37; No. 19, 2004, s 26; No. 17, 2007, s 21; No. 27, 2011, s 4; No. 23, 2013, s 3 s 90 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 10, 2026, s 14 s 91 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 91A ins No. 64, 2000, s 31 amd No. 17, 2007, s 22; No. 32, 2023, s 25 pt 12 hdg amd No. 25, 2011, s 18 s 92 amd No. 25, 2011, s 18; No. 10, 2026, s 15 s 93 amd No. 17, 2007, s 28; No. 25, 2011, s 18 pt 12 div 1A hdg ins No. 25, 2003, s 32 s 93A ins No. 25, 2003, s 32 s 93B ins No. 25, 2003, s 32 amd No. 25, 2011, s 18 s 93C ins No. 25, 2003, s 32 s 93D ins No. 25, 2003, s 32 amd No. 25, 2011, s 18 s 93E ins No. 25, 2003, s 32 s 93F ins No. 25, 2003, s 33 amd No. 25, 2011, s 18 ss 94 – 95 amd No. 64, 2000, s 37; No. 25, 2011, s 18; No. 27, 2011, s 4 s 96 amd No. 64, 2000, s 37; No. 25, 2003, s 34; No. 19, 2004, s 33; No. 17, 2007, s 28; No. 25, 2011, s 18; No. 27, 2011, s 4 s 96A ins No. 25, 2003, s 35 amd No. 25, 2011, s 18 ss 97 – 98 amd No. 25, 2011, s 18 s 98A ins No. 19, 2004, s 27 s 99 amd No. 64, 2000, s 37; No. 6, 2008, s 3; No. 34, 2007, s 139; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 8, 2021, s 6 s 99A ins No. 19, 2004, s 28 amd No. 25, 2011, s 18; No. 38, 2019, s 17; No. 8, 2021, s 7; No. 18, 2023, s 20 s 100 amd No. 25, 2011, s 18 -- 157 of 158 -- ENDNOTES Firearms Act 1997 148 s 101 amd No. 25, 2003, s 36; No. 44, 2005, s 22; No. 18, 2010, s 38; No. 25, 2011, s 18; No. 27, 2011, s 4; No. 17, 2012, s 55 s 102 amd No. 64, 2000, s 32 sub No. 25, 2003, s 37 amd No. 19, 2004, s 29; No. 32, 2023, s 26 s 103 amd No. 10, 2026, s 16 s 104 amd No. 25, 2011, s 18 s 104A ins No. 19, 2004, s 30; No. 8, 2016, s 45 s 105 sub No. 25, 2003, s 38 amd No. 25, 2011, s 18 s 106 amd No. 17, 2001, s 21; No. 25, 2011, s 18; No. 32, 2023, s 27 s 106A ins No. 17, 2007, s 23 s 106B ins No. 26, 2015, s 33 s 107 sub No. 17, 2007, s 23; No. 26, 2015, s 33 s 107A ins No. 64, 2000, s 33 amd No. 17, 2007, s 28; No. 25, 2011, s 18; No. 32, 2023, s 28 s 109 amd No. 19, 2004, s 33; No. 17, 2007, s 28; No. 8, 2016, s 45 s 110 sub No. 25, 2003, s 39 amd No. 25, 2011, s 18 s 110A ins No. 25, 2003, s 39 amd No. 25, 2011, s 18 s 111 amd No. 64, 2000, s 34; No. 25, 2003, s 40; No. 17, 2007, s 24; No. 25, 2011, s 18 s 112 rep No. 19, 2004, s 33 ins No. 17, 2007, s 25 renum No. 26, 2015, s 34 pt 13 hdg ins No. 26, 2015, s 35 pt 13 div 1 hdg ins No. 26, 2015, s 35 s 113 amd No. 64, 2000, s 35 sub No. 25, 2003, s 41 pt 13 div 2 hdg ins No. 26, 2015, s 36 s 114 ins No. 26, 2015, s 36 pt 13 div 3 hdg ins No. 24, 2023, s 83 ss 115 – 120 ins No. 24, 2023, s 83 pt 13 div 4 hdg ins No. 35, 2025, s 5 s 121 ins No. 35, 2025, s 5 pt 13 div 5 hdg ins No. 10, 2026, s 17 ss 122 – 125 ins No. 10, 2026, s 17 sch 1 amd No. 19, 2004, s 31; No. 17, 2007, s 26; No. 25, 2011, s 18 sch 4 amd No. 17, 2007, s 27 sch 5 amd No. 64, 2000, s 36 sch 7 sub No. 19, 2004, s 32 amd No. 40, 2010, s 118; No. 27, 2011, s 4; No. 8, 2016, s 45 sub No. 24, 2023, s 84 amd No. 10, 2026, s 18 -- 158 of 158 --