Firearms Regulations 2008

Firearms Regulations 2008 S.R. No. 22/2008 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 4 Definitions 2 5 Revocations 2 PART 2—REQUIREMENTS 3 6 Requirements for activities for the suppression of pest animals where category C longarms are used 3 7 Particulars to be entered on firearms dealers register 3 8 Particulars to be entered on firearms collectors register 4 PART 3—FEES 5 9 Fees for issue or renewal of licences 5 10 Waivers of licence fees 6 11 Fee for duplicate licences 7 12 Fee for permits 7 13 Fee for approvals 7 14 Maximum fee for licensed firearms dealer acting as agent 7 15 Fee for the review of a decision made by the Chief Commissioner 8 PART 4—SEARCHES OF PERSONS OR VEHICLES 9 16 Manner of conducting searches 9 17 Searching students at schools 10 18 Search records 10 PART 5—PRESCRIBED OFFENCES 12 19 Infringement penalty for prescribed offences 12 i -- 1 of 40 -- Regulation Page PART 6—MISCELLANEOUS 13 20 Exempt devices 13 21 Prescribed bodies representing shooting organisations 13 22 Conduct of sport or target shooting activity on private property 14 23 Prescribed States for interstate permit to acquire 15 24 Prescribed purposes for applying for longarm and general category handgun licences 16 25 Exemption for international visitors 17 26 Prescribed classes of social worker 17 27 Approved handgun target shooting clubs— reporting requirements 18 28 Specified classes of general category handguns 18 __________________ SCHEDULES 19 SCHEDULE 1—Revocations 19 SCHEDULE 2—Particulars to be Entered on Firearms Dealers Register of Transactions 20 SCHEDULE 3—Particulars to be Entered on Firearms Collectors Register 22 SCHEDULE 4—Fee for Issue or Renewal of Licences 24 SCHEDULE 5—Fee for Issue of Permits 27 SCHEDULE 6—Fee for Issue or Renewal of Approvals 28 SCHEDULE 7—Prescribed Offences 29 SCHEDULE 8—Form of Report under Section 123C of the Firearms Act 1996 33 SCHEDULE 9—Prescribed Classes of General Category Handgun 36 ═══════════════ ENDNOTES 37 ii -- 2 of 40 -- STATUTORY RULES 2008 S.R. No. 22/2008 Firearms Act 1996 Firearms Regulations 2008 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 8 April 2008 Responsible Minister: BOB CAMERON Minister for Police and Emergency Services RYAN HEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to prescribe— (a) requirements for activities for the suppression of pest animals using category C longarms; and (b) the particulars to be entered on the register of transactions kept by licensed firearms dealers; and (c) the particulars to be entered on the register kept by licensed firearms collectors; and (d) fees for the issue and renewal of licences and permits and for the issue of duplicate licences under the Act; and 1 -- 3 of 40 -- Part 1—Preliminary Firearms Regulations 2008 S.R. No. 22/2008 r. 2 (e) fees for applications to the Committee for the review of decisions made by the Chief Commissioner; and (f) the maximum fee that may be charged by licensed firearms dealers acting as agents in firearms transactions; and (g) offences in respect of which infringement notices may be issued; and (h) devices that do not fall within the definition of firearms; and (i) bodies that may nominate persons to represent shooting organisations on the Committee; and (j) the manner in which searches without warrant under the Act are to be conducted and the particulars to be included in records of those searches; and (k) matters necessary or expedient to be prescribed for giving effect to the Act. 2 Authorising provisions These Regulations are made under sections 24, 31, 56, 57, 58, 63, 87, 97, 106, 155, 167, 168, 170, 178 and 191 of the Firearms Act 1996. 3 Commencement These Regulations commence on 20 April 2008. 4 Definitions In these Regulations, Act means the Firearms Act 1996. 5 Revocations The Regulations listed in Schedule 1 are revoked. __________________ 2 -- 4 of 40 -- Part 2—Requirements Firearms Regulations 2008 S.R. No. 22/2008 r. 6 PART 2—REQUIREMENTS 6 Requirements for activities for the suppression of pest animals where category C longarms are used For the purposes of item 2(1)(b)(i) of Schedule 2 to the Act, an activity is conducted in accordance with the regulations if the licence holder does not discharge a firearm in the course of an activity within— (a) 250 metres of a dwelling, being a dwelling which is not on the land on which the activity takes place, unless permission has been granted by the occupier of the land on which the dwelling is situated; or (b) 100 metres of a public road. 7 Particulars to be entered on firearms dealers register The prescribed particulars to be entered in the register of transactions kept by a licensed firearms dealer under section 87 of the Act are— (a) in the case of a firearm coming into the possession of the dealer, the particulars set out in item 1 of Schedule 2; and (b) in the case of a firearm going out of the possession of the dealer, the particulars set out in item 2 of Schedule 2; and (c) in the case of a firearm in respect of which the dealer is acting as an agent for the person acquiring the firearm, the particulars set out in item 3 of Schedule 2; and (d) in the case of a firearm in respect of which the dealer is acting as an agent for the person disposing of the firearm, the particulars set out in item 4 of Schedule 2. 3 -- 5 of 40 -- Part 2—Requirements Firearms Regulations 2008 S.R. No. 22/2008 r. 8 8 Particulars to be entered on firearms collectors register The prescribed particulars to be entered in the register kept by a holder of a firearms collectors licence under section 24 of the Act are— (a) in the case of a firearm held at the time of obtaining the licence, the particulars set out in item 1 of Schedule 3; and (b) in the case of a firearm coming into the possession of the collector, the particulars set out in item 2 of Schedule 3; and (c) in the case of a firearm going out of the possession of the collector, the particulars set out in item 3 of Schedule 3. __________________ 4 -- 6 of 40 -- Part 3—Fees Firearms Regulations 2008 S.R. No. 22/2008 r. 9 PART 3—FEES 9 Fees for issue or renewal of licences (1) Subject to subregulations (3), (4), (5), (6), (7) and (8) and regulation 10, the fee payable for the issue or renewal of a licence listed in Column 1 of the Table in Schedule 4 is, in the case of a natural person, the fee set out opposite the licence in Column 2 of the Table, multiplied by the number of full years for which the licence is issued. (2) Subject to subregulations (3), (4), (5), (6) and (7) and regulation 10, the fee payable for the issue or renewal of a licence listed in Column 1 of the Table in Schedule 4 is, in the case of a body corporate, the fee set out opposite the licence in Column 3 of the Table, multiplied by the number of full years for which the licence is issued. (3) Where a person who holds a longarm licence for category A longarms applies for a longarm licence for category B longarms, the fee payable for the longarm licence for category B longarms is the difference between the fee payable for a longarm licence for category B longarms and the fee payable for the longarm licence for category A longarms at the time of the application. (4) Where a person who holds a longarm licence for category A longarms applies for a longarm licence for category C longarms, the fee payable for the longarm licence for category C longarms is the difference between the fee payable for a longarm licence for category A longarms and the fee payable for a longarm licence for category C longarms at the time of the application. 5 -- 7 of 40 -- Part 3—Fees Firearms Regulations 2008 S.R. No. 22/2008 r. 10 (5) Where a person applies for both a longarm licence for category A longarms and a longarm licence for category C longarms, the fee payable for the two licences is the fee payable for a longarm licence for category C longarms. (6) Where a person applies for both a longarm licence for category B longarms and a longarm licence for category C longarms, the fee payable for the two licences is the fee payable for the longarm licence for category C longarms. (7) Where a person who holds a firearms dealers licence for a particular class of dealing in firearms applies for a firearms dealers licence for another class of dealing in firearms, the fee payable for the licence applied for is the difference between the fee payable for the licence held by the person and the fee payable for a licence of the category applied for by the person at the time of the application. (8) The fee payable for a provisional licence granted under section 58A of the Act that is specified by the Chief Commissioner to be in force for a period that is less than 12 months (but not less than 6 months) is the fee set out opposite the licence in Column 2 of the Table in Schedule 4, divided by 12 and multiplied by the number of months for which the licence is specified to be in force. 10 Waivers of licence fees (1) Where a person who holds a longarm licence for category C longarms applies for a longarm licence for category A longarms, the fee payable for the longarm licence for category A longarms is waived. 6 -- 8 of 40 -- Part 3—Fees Firearms Regulations 2008 S.R. No. 22/2008 r. 11 (2) Where a person who holds a longarm licence for category C longarms applies for a longarm licence for category B longarms, the fee payable for the longarm licence for category B longarms is waived. (3) Where a person applies for a longarm licence for category A, B or C longarms for the reason of primary production, the licence fee payable for the longarm licence for category A, B or C longarms is waived. 11 Fee for duplicate licences The fee payable for the issue of a duplicate of a licence listed in Column 1 of the Table in Schedule 4 is 1·8 fee units. 12 Fee for permits The fee payable for the issue of a permit listed in Column 1 of the Table in Schedule 5 is the fee set out opposite the permit in Column 2 of the Table. 13 Fee for approvals The fee payable for the issue of an approval listed in Column 1 of the Table in Schedule 6 is the fee set out opposite the type of approval in Column 2 of the Table. 14 Maximum fee for licensed firearms dealer acting as agent For the purposes of section 97 of the Act, the maximum fee that a licensed firearms dealer may charge when acting as an agent must not exceed $25. 7 -- 9 of 40 -- Part 3—Fees Firearms Regulations 2008 S.R. No. 22/2008 r. 15 15 Fee for the review of a decision made by the Chief Commissioner For the purposes of section 167 of the Act, the fee for an application to the Committee for the review of a decision made by the Chief Commissioner is 3 fee units. __________________ 8 -- 10 of 40 -- Part 4—Searches of Persons or Vehicles Firearms Regulations 2008 S.R. No. 22/2008 r. 16 PART 4—SEARCHES OF PERSONS OR VEHICLES 16 Manner of conducting searches (1) A member of the police force who conducts a search of a person under section 149 of the Act or an authorised officer who conducts a search of a person under section 153A of the Act must do so in one or more of the following ways— (a) the member or authorised officer may pass an electronic metal detection device over or in close proximity to the person's outer clothing; (b) the member or authorised officer may run his or her hands over the person's outer clothing; (c) the member or authorised officer may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the member or authorised officer may— (i) pass an electronic metal detection device over or in close proximity to the person's clothing that was immediately under his or her outer clothing; or (ii) run the member or authorised officer's hands over the person's clothing that was immediately under his or her outer clothing; or (iii) search the person's outer clothing and gloves, shoes and headgear in accordance with subregulation (2). (2) A member of the police force who conducts a search of a vehicle, package or thing under section 149 of the Act or an authorised officer who conducts a search of a vehicle, package or thing under section 153A of the Act must do so in one or more of the following ways— 9 -- 11 of 40 -- Part 4—Searches of Persons or Vehicles Firearms Regulations 2008 S.R. No. 22/2008 r. 17 (a) the member or authorised officer may examine the exterior and interior of the vehicle, package or thing; (b) the member or authorised officer may pass an electronic metal detection device over or in close proximity to the vehicle, package or thing. (3) A member of the police force or authorised officer must conduct a search of a person— (a) in a manner that affords reasonable privacy to the person being searched; and (b) as quickly as is reasonably practicable. (4) A search under subregulation (1)(b) or (1)(c)(ii) must, if reasonably practicable, be conducted by a member of the police force or by an authorised officer who is of the same sex as the person being searched. 17 Searching students at schools A member of the police force who conducts a search at a school of a student under the age of 18 years must— (a) if reasonably practicable, advise the student that the student may nominate an adult who is on the school premises to be present during the conduct of the search; and (b) if the student so nominates an adult, take reasonable steps to ensure the adult is present during the conduct of the search. 18 Search records (1) For the purposes of sections 149A(1) and 153B(1) of the Act, the prescribed particulars are— (a) the date of the search; and (b) the time of the search; and 10 -- 12 of 40 -- Part 4—Searches of Persons or Vehicles Firearms Regulations 2008 S.R. No. 22/2008 r. 18 (c) the place where the search took place; and (d) the name, rank and registered number of the member of the police force or the name, number and agency of the authorised officer, as the case may be, who conducted the search; and (e) the name of the person searched and, if applicable, a description of any vehicle, package or thing searched; and (f) if applicable, the name of the nominated adult present during the search at a school of a student under the age of 18 years; and (g) the grounds relied on for conducting the search; and (h) a description of any firearm or cartridge ammunition or other article whose possession, carriage or use is contrary to law that is found during the search. (2) If a member of the police force or an authorised officer who conducts a search is unable to obtain the name of the person searched, the member or authorised officer must include in the particulars a description of that person. __________________ 11 -- 13 of 40 -- Part 5—Prescribed Offences Firearms Regulations 2008 S.R. No. 22/2008 r. 19 PART 5—PRESCRIBED OFFENCES 19 Infringement penalty for prescribed offences (1) For the purposes of section 168(1) of the Act, the prescribed offences are the offences set out in Column 2 of Schedule 7. (2) For the purposes of section 170 of the Act, the penalty prescribed for a prescribed offence is the amount set out opposite the prescribed offence in Column 3 of Schedule 7. (3) A summary of an offence in Column 4 of Schedule 7 is not to be taken to affect the nature or elements of the offence to which the summary refers or the operation of these Regulations. __________________ 12 -- 14 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 20 PART 6—MISCELLANEOUS 20 Exempt devices For the purposes of paragraph (j) of the definition of firearm in section 3(1) of the Act, the following classes of device are prescribed classes of device— (a) any cannon or field gun, by whatever name known, which has been constructed as a piece of military ordinance and which has a calibre in excess of 25 millimetres and— (i) which is rendered permanently inoperable; or (ii) for which fixed ammunition is not commercially available; (b) any device which is designed for and used to throw a net to catch animals (commonly known as a cannon net); (c) any compressed air or gas powered device with a calibre no greater than 7 millimetres and a maximum muzzle velocity no greater than 50 metres per second that is designed to be mounted on a radio controlled model warship and when used in model warship activities. 21 Prescribed bodies representing shooting organisations The following bodies are prescribed for the purposes of section 155 of the Act— (a) Shooting Sports Council of Victoria Inc.; (b) Victorian Amateur Pistol Association Inc. 13 -- 15 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 22 22 Conduct of sport or target shooting activity on private property (1) For the purposes of items 1(5A), 2(2)(c) and 4(2A) of Schedule 2 to the Act, the following provisions apply to the carrying out or conducting of an activity— (a) if— (i) more than 5 persons take part in the activity; and (ii) the activity is carried on continuously for more than 3 hours— a member of the police force, at the police station which is open and which is reasonably believed to be nearest to the activity, must have been notified before the activity takes place, that the activity is to take place; (b) a person taking part in the activity must not discharge a rifle in the course of the activity unless it is discharged at a target which has in place, within 20 metres behind it, a backstop which is capable of stopping any projectile which passes through or beyond the target; (c) a person taking part in the activity must not discharge a firearm in the course of the activity within— (i) 250 metres of a dwelling, being a dwelling which is not on the land on which the activity takes place, unless permission has been granted by the occupier of the land on which the dwelling is situated; or (ii) 100 metres of a public road; 14 -- 16 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 23 (d) a person taking part in the activity, when discharging a firearm in the course of the activity, must be stationary; (e) the activity must not take place between the hours of sunset and sunrise; (f) the activity must not be advertised or formally organised or formally scheduled; (g) a person taking part in the activity must not give or receive direct or indirect financial benefit to or from any other person as payment for taking part in the activity; (h) a person taking part in the activity must not consume or be under the influence of intoxicating liquor during the course of the activity or be under the influence of a drug during the course of the activity. (2) A notification under subregulation (1)(a) must include— (a) the name, address and contact telephone number of the person making the notification; and (b) the land on which the activity is to take place; and (c) the day on which the activity is to take place; and (d) the nature of the activity. 23 Prescribed States for interstate permit to acquire For the purposes of the definition of prescribed State in section 3(1) of the Act, the following States are prescribed— (a) New South Wales; (b) South Australia. 15 -- 17 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 24 24 Prescribed purposes for applying for longarm and general category handgun licences (1) For the purposes of section 10(1)(e) of the Act, a category A longarm licence may be issued— (a) for the purposes of the training and trialling, with a shotgun, of gundogs; or (b) for the purposes of— (i) historical re-enactments (where the exemption in item 10 of Schedule 3 does not apply); or (ii) public ceremonial events; or (c) for the purposes of starting or finishing sporting events with a shotgun. (2) For the purposes of section 10(1)(e) of the Act, a category B longarm licence may be issued— (a) for the purposes of— (i) historical re-enactments (where the exemption in item 10 of Schedule 3 does not apply); or (ii) public ceremonial events; or (b) for the purposes of starting or finishing sporting events with a muzzle loading firearm or a black powder ball firing cannon. (3) For the purposes of section 13(1)(a) of the Act, a category E longarm licence may be issued for the purposes of— (a) historical re-enactments (where the exemption in item 10 of Schedule 3 does not apply); or (b) public ceremonial events— using firearms which have been modified to be incapable of firing cartridge ammunition. 16 -- 18 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 25 (4) For the purposes of section 15(1)(c) of the Act, a general category handgun licence may be issued— (a) for the purposes of— (i) historical re-enactments (where the exemption in item 10 of Schedule 3 does not apply); or (ii) public ceremonial events; or (b) for the purposes of starting or finishing sporting events; or (c) for the purposes of the training and trialling of dogs, with a general category handgun, being a general category handgun which is and has always been constructed for the purpose of starting sporting events. 25 Exemption for international visitors For the purpose of section 186A of the Act, any authority that is of one of the following kinds is a kind of permit— (a) an authority (however described) that authorises the possession, carriage or use of category A or B longarms or handguns for the purposes of sport or target shooting; (b) an authority (however described) that authorises the possession, carriage or use of category C longarms being shotguns for the purposes of clay target shooting. 26 Prescribed classes of social worker For the purposes of section 183(4) of the Act, the following class of person is prescribed— a person who is a member of, or who is eligible for membership of, the Australian Association of Social Workers Inc. (A.C.N. 008 576 010). 17 -- 19 of 40 -- Part 6—Miscellaneous Firearms Regulations 2008 S.R. No. 22/2008 r. 27 27 Approved handgun target shooting clubs— reporting requirements The form of a report under section 123C of the Act is the form in Schedule 8. 28 Specified classes of general category handguns For the purposes of paragraph (a) of the definition of specified class of handgun in section 16(9) of the Act, the classes of general category handgun that are prescribed are set out in Schedule 9. __________________ 18 -- 20 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 5 REVOCATIONS S.R. No. Title 32/1997 Firearms Regulations 1997 6/1998 Firearms (Amendment) Regulations 1998 89/1998 Firearms (Prescribed Purposes) Regulations 1998 112/1998 Firearms (Prescribed Circumstances) Regulations 1998 102/1999 Firearms (Amendment) Regulations 1999 84/2003 Firearms (Handgun Control) Regulations 2003 118/2003 Firearms (Search Powers) Regulations 2003 154/2003 Firearms (Handguns) Regulations 2003 124/2005 Firearms (Amendment) Regulations 2005 173/2005 Firearms (Further Amendment) Regulations 2005 81/2006 Firearms (Amendment) Regulations 2006 __________________ 19 -- 21 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 2 SCHEDULE 2 Regulation 7 PARTICULARS TO BE ENTERED ON FIREARMS DEALERS REGISTER OF TRANSACTIONS 1. In addition to the requirements set out in section 87(2) of the Act1, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm coming into his or her possession: 1. Inventory/Stock number 2. Date acquired 3. Magazine capacity2 4. Licence category (A, B, C, D, E longarm or handgun) 5. Reference number3 6. Purpose for which acquired (Disposal, Repair, Test, Proof or Alteration) 7. Name, Address of person who has given possession of firearm 8. Particulars of work done (when received for repair, &c). 2. In addition to the requirements set out in section 87(2) of the Act4, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm going out of his or her possession: 1. Inventory/Stock number 2. Date disposed of 3. Magazine capacity5 4. Licence category (A, B, C, D, E longarm or handgun) 5. Reference number6 6. Acquirer's name, Address 7. Particulars of permit to acquire. 20 -- 22 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 2 3. In addition to the requirements set out in section 87(2) of the Act7, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm acquired by another person in a transaction where the dealer acts as agent: 1. Date acquired 2. Magazine capacity8 3. Licence category (A, B, C, D, E longarm or handgun) 4. Reference number9 5. Name, Address of person acquiring the firearm 6. Particulars of permit to acquire. 4. In addition to the requirements set out in section 87(2) of the Act10, a licensed firearms dealer must include in the register of transactions the following particulars in respect of a firearm disposed of by another person in a transaction where the dealer acts as agent: 1. Date disposed of 2. Magazine capacity11 3. Licence category (A, B, C, D, E longarm or handgun) 4. Reference number12 5. Name, Address of person disposing of firearm. __________________ 21 -- 23 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 3 SCHEDULE 3 Regulation 8 PARTICULARS TO BE ENTERED ON FIREARMS COLLECTORS REGISTER 1. The holder of a firearms collectors licence must record the following particulars in the register about each firearm held at the time of obtaining the licence: 1. Make 2. Type 3. Calibre 4. Action 5. Magazine capacity13 6. Licence category (A, B, C, D, E longarm or handgun) 7. Serial number 8. Reference number.14 2. The holder of a firearms collectors licence must record the following particulars in the register about each firearm coming into his or her possession: 1. Date acquired 2. Make 3. Type 4. Calibre 5. Action 6. Magazine capacity15 7. Licence category (A, B, C, D, E longarm or handgun) 8. Serial number 9. Reference number16 10. Name, Address of licensed firearms dealer the firearm was acquired from or who witnessed the acquisition 11. Name, Address of person the firearm was acquired from (where licensed firearms dealer acted as agent in transaction). 22 -- 24 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 3 3. The holder of a firearms collectors licence must record the following particulars in the register about each firearm going out of his or her possession: 1. Date disposed of 2. Make 3. Type 4. Calibre 5. Action 6. Magazine capacity17 7. Licence category (A, B, C, D, E longarm or handgun) 8. Serial number 9. Reference number18 10. Name, Address of licensed firearms dealer who acquired the firearm or who witnessed the disposal of the firearm 11. Name, Address of person to whom the firearm was disposed of (where licensed firearms dealer acted as agent in transaction). __________________ 23 -- 25 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 4 SCHEDULE 4 Regulations 9, 11 FEE FOR ISSUE OR RENEWAL OF LICENCES Column 1 Type of licence Column 2 Fee for natural person Column 3 Fee for body corporate Longarm licence for category A longarms pursuant to section 9(1) of the Act 3·28 fee units 5·94 fee units Longarm licence for category B longarms pursuant to section 9(2) of the Act 3·79 fee units 5·94 fee units Longarm licence for category C longarms pursuant to section 9(3) of the Act 3·79 fee units 5·94 fee units Longarm licence for category D longarms pursuant to section 9(4) of the Act 5·94 fee units 9·53 fee units Longarm licence for category E longarms pursuant to section 9(5) of the Act 5·94 fee units 9·53 fee units Paintball marker licence pursuant to section 9(6) of the Act 3·28 fee units 5·94 fee units General category handgun licence— sport or target shooting or prescribed reason— pursuant to section 15 of the Act 4·61 fee units 11·99 fee units (for a licence to possess, carry or use 20 or less general category handguns). 23·88 fee units (for a licence to possess, carry or use more than 20 general category handguns). 24 -- 26 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 4 Column 1 Type of licence Column 2 Fee for natural person Column 3 Fee for body corporate General category handgun licence— security guard, prison guard, official or commercial purpose— pursuant to section 15 of the Act 7·17 fee units 11·99 fee units (for a licence to possess, carry or use 20 or less general category handguns). 23·88 fee units (for a licence to possess, carry or use more than 20 general category handguns). A general category handgun licence for reasons set out in section 15(1)(d) of the Act 4·61 fee units 11·58 fee units Category E handgun licence pursuant to section 16A of the Act 6·97 fee units 10·55 fee units Junior licence pursuant to section 18 of the Act 1·23 fee units Category 1 firearms collectors licence pursuant to section 21 of the Act 4·81 fee units 9·53 fee units Category 2 firearms collectors licence pursuant to section 21A of the Act 5·74 fee units 7·27 fee units Antique handgun collectors licence pursuant to section 21B of the Act 4·81 fee units 9·53 fee units Firearms heirlooms licence pursuant to section 25 of the Act 2·35 fee units Firearms ammunition collectors licence pursuant to section 28 of the Act 2·35 fee units 4·81 fee units 25 -- 27 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 4 Column 1 Type of licence Column 2 Fee for natural person Column 3 Fee for body corporate Provisional licence pursuant to section 58A of the Act 7·68 fee units Firearms dealers licence—dealing in category A, B longarms and general category handguns pursuant to section 60 of the Act 29·93 fee units 41·81 fee units Firearms dealers licence—dealing in category A, B, C, D, E longarms and general category and category E handguns pursuant to section 60 of the Act 41·81 fee units 47·86 fee units Firearms dealers licence— (a) only repairing category A, B, C, D, E longarms, general category and category E handguns and related parts; 17·94 fee units 23·88 fee units (b) only selling ammunition; (c) the activities referred to in both paragraphs (a) and (b) pursuant to section 60(2)(b) of the Act __________________ 26 -- 28 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 5 SCHEDULE 5 Regulation 12 FEE FOR ISSUE OF PERMITS Column 1 Type of permit Column 2 Fee Display or theatrical armourer's permit for licensed firearms dealers issued under section 92A of the Act 3·59 fee units Permit issued under section 56 for individual holder of firearms collectors licence or firearms ammunition collectors licence 2·35 fee units Permit issued under section 56A for approved firearms collectors club 2·35 fee units Permit for silencer or prescribed items issued under section 57(2) of the Act 5·94 fee units Permits issued under section 57A of the Act 5·94 fee units Permit issued under section 58 for individual holder of collectors firearms licence 2·98 fee units Permit issued under section 58AAA for approved firearms collectors club 2·35 fee units Permit to acquire a category A longarm issued under section 103 of the Act $9.20 Permit to acquire a category B or C longarm issued under section 103 of the Act $9.20 Permit to acquire a handgun issued under section 103 of the Act 3·59 fee units Permit to acquire a paintball marker issued under section 103 of the Act $9.20 __________________ 27 -- 29 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 6 SCHEDULE 6 Regulation 13 FEE FOR ISSUE OR RENEWAL OF APPROVALS Column 1 Type of approval Column 2 Fee Approval for handgun target shooting club pursuant to section 123A(1) of the Act 13·02 fee units Approval for firearms collectors club pursuant to section 123H(1) of the Act 13·02 fee units __________________ 28 -- 30 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 7 SCHEDULE 7 Regulation 19 PRESCRIBED OFFENCES Column 1 Infringement Offence Code Column 2 Infringement Offence Column 3 Penalty Column 4 Summary of Offence 1801 An offence against section 40(2) of the Act. 2 penalty units Failure by holder of licence which is a corporation to notify Chief Commissioner of Police of change in nominated person. 1810 An offence against section 56A(10) of the Act. 2 penalty units Failure by holder of permit to comply with the permit. 1811 An offence against section 56A(11) of the Act. 2 penalty units Failure by licence holder whose name is specified in the permit to comply with the permit. 1812 An offence against section 56A(12) of the Act. 2 penalty units Failure by holder of permit, before any firearms or cartridge ammunition are displayed under the permit, to notify in writing each licence holder whose name is specified in the permit of the conditions to which the permit is subject (if any). 1813 An offence against section 58AAA(7) of the Act. 2 penalty units Failure by holder of permit to comply with the permit. 1814 An offence against section 58AAA(8) of the Act. 2 penalty units Failure by licence holder whose name is specified in the permit to comply with the permit. 29 -- 31 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 7 Column 1 Infringement Offence Code Column 2 Infringement Offence Column 3 Penalty Column 4 Summary of Offence 1815 An offence against section 58AAA(9) of the Act. 2 penalty units Failure by holder of permit, before the commemorative or historical event in respect of which the permit is issued, to notify in writing each licence holder whose name is specified in the permit of the conditions to which the permit is subject (if any). 1802 An offence against section 75(3) of the Act. 2 penalty units Failure by holder of dealers licence which is a corporation to notify Chief Commissioner of Police of change in nominated person. 1803 An offence against section 87(5) of the Act. 2 penalty units Failure to ensure entry in register of transactions is kept for 5 years after entry is made. 1816 An offence against section 87(6) of the Act. 2 penalty units Failure by firearms dealer whose licence has expired, been surrendered or cancelled, to keep his or her register of transactions for five years after the last entry has been made, or to surrender it to the Chief Commissioner of Police at any time during the period of 5 years after his or her licence expired or was suspended or cancelled. 30 -- 32 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 7 Column 1 Infringement Offence Code Column 2 Infringement Offence Column 3 Penalty Column 4 Summary of Offence 1804 An offence against section 88 of the Act. 2 penalty units Failure to ensure label is fixed to firearm in dealer's possession showing a number which can identify the record of transaction or dealing with the firearm in the register of transactions. 1805 An offence against section 97 of the Act. 2 penalty units Charging more than the prescribed amount for acting as an agent under section 95 or 96 of the Act. 1806 An offence against section 124(1) of the Act. 2 penalty units Possession of ammunition without authority under the Act. 1807 An offence against section 124(2) of the Act. 2 penalty units Possession of ammunition which is not suitable for category of firearms which person (other than person who is holder of firearms ammunition collectors licence) is licensed to possess, carry or use. 1808 An offence against section 124(3) of the Act. 2 penalty units Possession of ammunition which is not suitable for category of firearms which person who is not required to have a licence under the Act is authorised to possess, carry or use without having to obtain a licence. 31 -- 33 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 7 Column 1 Infringement Offence Code Column 2 Infringement Offence Column 3 Penalty Column 4 Summary of Offence 1809 An offence against section 139 of the Act. 2 penalty units Failure by holder of licence or permit to notify Chief Commissioner in writing of change of address on licence within 14 days after change occurs. __________________ 32 -- 34 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 8 SCHEDULE 8 Regulation 27 FORM OF REPORT UNDER SECTION 123C OF THE FIREARMS ACT 1996 Note: This report is to be completed by each club listing all the approved handgun target shooting matches and all shoots conducted for the calendar year. CLUB NAME: List of all Approved Matches and all Shoots Conducted For [Insert Year] Approved Handgun Target Shooting Matches or Handgun Target Shoots Date Match number (not required for shoots) Handgun class number* * 1. Air handgun; or 2. Rimfire handgun; or 3. Centrefire handgun with a calibre of ·38 inch or less or a black powder handgun; or 4. Centrefire handgun with a calibre of more than ·38 inch but not more than ·45 inch. 33 -- 35 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 8 Note: A separate list is to be submitted listing the names of all persons who were at any time during the year members of the club. List of Club Members For [insert year] Membership List Full name Licence number (if applicable) Date of birth Principal club # (Y/N) Date accepted as club member Date ceased club member- ship (if applicable) Member- ship of other clubs## (Y/N) # Record if the club has been nominated as the principle club. ## Record if person has membership of other clubs. 34 -- 36 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 8 CLUB PARTICIPATION RECORD FOR: Note: Record for each Principal Club Member and club Members who are Members of that Club only: 1. Each approved handgun target shooting match and shoot conducted by the club the member participated in and details of each handgun used; and 2. Each approved handgun shooting match and shoot conducted by any other approved handgun target shooting club that the member participated in and details of each handgun used. [Member's full name][licence number] Approved Handgun Target Shooting Matches or Handgun Target Shoots Date Match number (Not required for shoots) Nature of partic- ipation* Details of handgun, being either police reference number (preferable) or serial number Handgun class number** Club name (only if completed at another approved club) * "RO". Range Officer; or "S". Supervisor; or "CJ". Competition Judge; or "I". Instructor (approved firearms safety course); or "C". Competitor. ** 1. Air handgun; or 2. Rimfire handgun; or 3. Centrefire handgun with a calibre of ·38 inch or less or a black powder handgun; or 4. Centrefire handgun with a calibre of more than ·38 inch but not more than ·45 inch. __________________ 35 -- 37 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Sch. 9 SCHEDULE 9 Regulation 28 PRESCRIBED CLASSES OF GENERAL CATEGORY HANDGUN 1. Air handgun 2. Rimfire handgun 3. Centrefire handgun with a calibre of ·38 inch or less or a black powder handgun 4. Centrefire handgun with a calibre of more than ·38 inch but not more than ·45 inch ═══════════════ 36 -- 38 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 Endnotes ENDNOTES 1 Sch. 2: Section 87(2) of the Act states that a licensed firearms dealer must record the following particulars about a firearm coming into his or her possession—the licence number or other evidence of the person's authority to possess the firearm; and the make, type, calibre, action and serial number of the firearm. 2 Sch. 2: Where the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it comes into his or her possession. 3 Sch. 2: The number issued by police when a firearm is registered under Part 5 of the Act. 4 Sch. 2: Section 87(2) of the Act states that a licensed firearms dealer must record the following particulars about a firearm going out of his or her possession—the permit to acquire (where the case so requires); the licence number or other evidence of the person's authority to possess the firearm; and the make, type, calibre, action and serial number of the firearm. 5 Sch. 2: Where the firearm holds a detachable magazine, the dealer must record the capacity of the detachable magazine in the firearm at the time it goes out of his or her possession. 6 Sch. 2: See note 3. 7 Sch. 2: Section 87(2) of the Act states that a licensed firearms dealer must record the following particulars in the case of a firearm in respect of which the dealer is acting as an agent for the person acquiring the firearm—the permit to acquire (where the case so requires); the licence number or other evidence of the person's authority to possess the firearm; and the make, type, calibre, action and serial number of the firearm. 8 Sch. 2: Where the firearm holds a detachable magazine, the dealer must record the capacity of the magazine in the firearm at the time it is acquired by another person in the transaction. 9 Sch. 2: See note 3. 10 Sch. 2: Section 87(2) of the Act states that a licensed firearms dealer must record the following particulars in the case of a firearm in respect of which the dealer is acting as an agent for the person disposing of the firearm—the licence number or other evidence of the person's authority to possess the firearm; and the make, type, calibre, action and serial number of the firearm. 37 -- 39 of 40 -- Firearms Regulations 2008 S.R. No. 22/2008 11 Sch. 2: Where the firearm holds a detachable magazine, the dealer should record the capacity of the magazine in the firearm at the time it is disposed of by another person in the transaction. 12 Sch. 2: See note 3. 13 Sch. 3: Where the firearm holds a detachable magazine, the collector must record the capacity of the magazine in the firearm. 14 Sch. 3: See note 3. 15 Sch. 3: Where the firearm holds a detachable magazine, the collector must record the capacity of the magazine at the time it comes in to his or her possession. 16 Sch. 3: See note 3. 17 Sch. 3: Where the firearm holds a detachable magazine, the collector must record the capacity of the magazine in the firearm at the time it goes out of his or her possession. 18 Sch. 3: See note 3. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2007 is $11.02. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. 38 -- 40 of 40 --