Firearms Regulations 1997

i Firearms Regulations 1997 S.R. No. 32/1997 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 permit to acquire a firearm 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 7 PART 4—PRESCRIBED OFFENCES 8 16. Infringement penalty for prescribed offences 8 PART 5—MISCELLANEOUS 9 17. Exempt devices 9 18. Prescribed bodies representing shooting organisations 9 __________________ -- 1 of 23 -- Regulation Page ii SCHEDULES 10 SCHEDULE 1—Revocations 10 SCHEDULE 2—Particulars to be entered on firearms dealers register of transactions 11 SCHEDULE 3—Particulars to be entered on firearms collectors register 13 SCHEDULE 4—Fee for issue or renewal of licences 15 SCHEDULE 5—Fee for permits 17 SCHEDULE 6—Prescribed offences 18 ═══════════════ NOTES 20 -- 2 of 23 -- 1 STATUTORY RULES 1997 S.R. No. 32/1997 Firearms Act 1996 Firearms Regulations 1997 The Governor in Council makes the following Regulations: Dated: 22 April 1997 Responsible Minister: BILL McGRATH Minister for Police and Emergency Services SHARNE BRYAN Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to prescribe requirements for activities for the suppression of pest animals using category C longarms; and (b) to prescribe the particulars to be entered on the register of transactions kept by licensed firearms dealers; and (c) to prescribe the particulars to be entered on the register kept by licensed firearms collectors; and (d) to prescribe fees for the issue and renewal of licences and permits and for the issue of duplicate licences under the Act; and -- 3 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 2 (e) to prescribe the fee for applications to the Committee for the review of decisions made by the Chief Commissioner; and (f) to prescribe the maximum fee that may be charged by licensed firearms dealers acting as agents in firearms transactions; and (g) to prescribe offences in respect of which infringement notices may be issued; and (h) to prescribe devices that do not fall within the definition of firearms; and (i) to prescribe bodies that may nominate persons to represent shooting organisations on the Committee; and (j) to prescribe 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 come into operation on the commencement of section 191 of the Act. 4. Definitions In these Regulations— "Act" means the Firearms Act 1996. 5. Revocations The Regulations listed in Schedule 1 are revoked. _______________ r. 2 -- 4 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 3 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 of the Act, an activity is conducted in accordance with the regulations if the licence holder ensures that, before the activity commences, a member of the police force at the police station which is open and which is nearest to the activity is advised of— (a) the location of the property where the activity will commence; and (b) the day the activity will commence. 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. r. 6 -- 5 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 4 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. _______________ r. 8 -- 6 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 5 PART 3—FEES 9. Fees for issue or renewal of licences (1) Subject to sub-regulations (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 natural person, the corresponding fee set out in Column 2 of the Table, multiplied by the number of full years for which the licence is issued. (2) Subject to sub-regulations (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 corresponding fee set out 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. r. 9 -- 7 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 6 (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. 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. (2) Where a person who holds a longarm licence for category B longarms applies for a longarm licence for category C longarms, the fee payable for the longarm licence for category C longarms is waived. (3) 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. r. 10 -- 8 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 7 (4) 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 $15. 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 corresponding fee set out in Column 2 of the Table. 13. Fee for permit to acquire a firearm For the purposes of section 106(3) of the Act,the fee for a permit to acquire a firearm is $8. 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 is $10. 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 $30. _______________ r. 11 -- 9 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 8 PART 4—PRESCRIBED OFFENCES 16. 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 6. (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 set out in Column 3 of Schedule 6. (3) A summary of an offence in Column 4 of Schedule 6 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. _______________ r. 16 -- 10 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 9 PART 5—MISCELLANEOUS 17. Exempt devices For the purposes of paragraph (j) of the definition of firearm in section 3(1) of the Act, cannons and field guns which have been constructed as pieces of military ordnance and which have a calibre in excess of 25 millimetres and— (a) which are rendered permanently inoperable; or (b) for which fixed ammunition is not commercially available— are a prescribed class of devices. 18. 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. __________________ r. 17 -- 11 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 10 SCHEDULES SCHEDULE 1 REVOCATIONS Statutory Rule No. Title of Regulations 77/1996 Firearms (Exemption No. 1) Regulations 1996 76/1996 Firearms (Prohibited Firearms) Regulations 1996 153/1995 Firearms Regulations 1995 226/1989 Firearms (Exemption No. 1) Regulations 1989 188/1989 Firearms (Exemption No. 1) (Amendment No. 3) Regulations 1989 398/1988 Firearms (Exemption No. 8) Regulations 1988 392/1988 Firearms (Exemption No. 6) Regulations 1988 360/1988 Firearms (Exemption No. 2) (Revocation) Regulations 1988 338/1988 Firearms (Exemption No. 7) Regulations 1988 320/1988 Firearms (Exemption No. 5) Regulations 1988 159/1988 Firearms (Exemption No. 4) Regulations 1988 105/1988 Firearms (Exemption No. 3) Regulations 1988 97/1988 Firearms (Exemption No. 1) Regulations 1988 268/1987 Firearms (Exemption No. 1) (Amendment No. 2) Regulations 1987 265/1987 Firearms (Exemption No. 6) Regulations 1987 264/1987 Firearms (Exemption No. 5) Regulations 1987 219/1987 Firearms (Exemption No. 4) Regulations 1987 214/1987 Firearms (Exemption No. 1) (Amendment) Regulations 1987 78/1987 Firearms (Exemption No. 3) Regulations 1987 __________________ Sch. 1 -- 12 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 11 SCHEDULE 2 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 Number 3 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 Number 6 6. Acquirer’s Name, Address 7. Particulars of permit to acquire. 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 Sch. 2 -- 13 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 12 3. Licence Category (A, B, C, D, E longarm or handgun) 4. Reference Number 9 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 Number 12 5. Name, Address of person disposing of firearm. __________________ Sch. 2 -- 14 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 13 SCHEDULE 3 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 Number 16 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). Sch. 3 -- 15 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 14 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 Number 18 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). __________________ Sch. 3 -- 16 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 15 SCHEDULE 4 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 $27 $50 Longarm licence for category B longarms $32 $50 Longarm licence for category C longarms $32 $50 Longarm licence for category D longarms $50 $80 Longarm licence for category E longarms $50 $80 Handgun licence— sport or target shooting $32 $100 (for a licence to possess, carry or use 20 or less handguns). $200 (for a licence to possess, carry or use more than 20 handguns). Handgun licence— security guard, prison guard, official or commercial purpose $60 $100 (for a licence to possess, carry or use 20 or less handguns). $200 (for a licence to possess, carry or use more than 20 handguns). Junior licence $10 N/A Firearms collectors licence $40 $80 Sch. 4 -- 17 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 16 Column 1 Type of licence Column 2 Fee for Natural Person Column 3 Fee for Body Corporate Firearms ammunition collectors licence $20 $40 Firearms heirlooms licence $20 N/A Firearms dealers licence—dealing in category A, B longarms and handguns. $250 $350 Firearms dealers licence—dealing in category A, B, C, D, E longarms and handguns. $350 $400 Firearms dealers licence— (a) only repairing category A, B, C, D, E longarms, handguns and related parts; (b) only selling ammunition; (c) the activities referred to in both paragraphs (a) and (b). $150 $200 __________________ Sch. 4 -- 18 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 17 SCHEDULE 5 FEE FOR PERMITS Column 1 Type of permit Column 2 Fee Display permit for licensed firearms dealers. $30 Display permit for holder of firearms collectors licence or firearms ammunition collectors licence. $20 Permit for silencer or prescribed items. $50 Permits to use firearms held under firearms collectors licence. $25 __________________ Sch. 5 -- 19 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 18 SCHEDULE 6 PRESCRIBED OFFENCES Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of Offence 1801 An offence under section 40(2) of the Act $100 Failure by holder of licence which is a corporation to notify Chief Commissioner of change in nominated person. 1802 An offence under section 75(3) of the Act. $100 Failure by holder of dealers licence which is a corporation to notify Chief Commissioner of change in nominated person. 1803 An offence under section 87(5) of the Act. $100 Failure to ensure entry in register of transactions is kept for 5 years after entry is made. 1804 An offence under section 88 of the Act. $100 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 under section 97 of the Act. $100 Charging more than the prescribed amount for acting as an agent under section 95 or 96 of the Act. Sch. 6 -- 20 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 19 Column 1 Item Column 2 Offence Column 3 Penalty Column 4 Summary of Offence 1806 An offence under section 124(1) of the Act. $100 Possession of ammunition without authority under the Act. 1807 An offence under section 124(2) of the Act. $100 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 under section 124(3) of the Act. $100 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. 1809 An offence under section 139 of the Act. $100 Failure by holder of licence or permit to notify Chief Commissioner in writing of change of address on licence within 7 days after change occurs. ═══════════════ Sch. 6 -- 21 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 20 NOTES 1 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 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 The number issued by police when a firearm is registered under Part 5 of the Act. 4 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 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 The number issued by police when a firearm is registered under Part 5 of the Act. 7 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 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 The number issued by police when a firearm is registered under Part 5 of the Act. 10 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. Notes -- 22 of 23 -- S.R. No. 32/1997 Firearms Regulations 1997 21 NOTES—continued 11 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 The number issued by police when a firearm is registered under Part 5 of the Act. 13 Where the firearm holds a detachable magazine, the collector must record the capacity of the magazine in the firearm. 14 The number issued by police when a firearm is registered under Part 5 of the Act. 15 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 The number issued by police when a firearm is registered under Part 5 of the Act. 17 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 The number issued by police when a firearm is registered under Part 5 of the Act. -- 23 of 23 --