Firearms Amendment Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
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Firearms Amendment Act 2018
No. 2 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Firearms Act 1996 3
4 Purposes 3
5 Definitions 3
6 Offence to possess, carry or use a longarm without a licence 3
7 Traffickable quantity of unregistered firearms 3
8 General discretion of Chief Commissioner to refuse a longarm
or handgun licence 4
9 Review of decision not to issue licence 4
10 New section inserted after section 39 5
11 Discretion to refuse to renew etc. licence 6
12 Review of decision not to renew a licence 6
13 Power of the Chief Commissioner to cancel a licence 7
14 Review of a decision to cancel a licence 7
15 Notice of Chief Commissioner's decision 7
16 Exemptions from Part 2 8
17 New Division inserted in Part 3 9
18 Offence to carry on the business of dealing in firearms,
consequential amendment 9
19 Offence to possess parts etc. for the purpose of manufacturing
firearms 10
20 Prohibitions on advertising 11
21 Offence to acquire or dispose of traffickable quantities of
firearms 12
22 New Part 4A inserted 13
23 Storage of paintball markers, paintball marker licence 29
24 Storage of paintball markers, dealers licence 29
25 Offences as to possession, carriage or use of firearms in certain
places 30
26 New section inserted after section 131 33
27 Forfeited firearms, consequential amendment 35
28 Firearms Appeals Committee membership 35
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29 Procedure of the Committee 35
30 New Part 10A inserted 35
31 Exception to general power of delegation 47
32 Consequential amendment of reference to VCAT 47
33 Insertion of new section after section 182 48
34 Indictable offences 49
35 New section 217 inserted 49
36 Amendment of Schedule 3, exemptions from licence
requirements 51
37 Amendment of Schedule 4, storage of paintball markers 51
Part 3—Repeal of firearm prohibition order provisions 52
38 Repeal of Parts 4A and 10A 52
Part 4—Amendment of other Acts 53
39 Amendment of the Control of Weapons Act 1990 53
40 Amendment of the Criminal Organisations Control Act 2012 53
41 Amendment of the Fortification Removal Act 2013 54
Part 5—Repeal of amending Act 55
42 Repeal of amending Act 55
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Endnotes 56
1 General information 56
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Authorised by the Chief Parliamentary Counsel
Authorised Version
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Firearms Amendment Act 2018 †
No. 2 of 2018
[Assented to 13 February 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Firearms Act 1996—
(i) to create offences for possessing,
carrying and using firearms in public
places and private property; and
(ii) to provide for firearm prohibition
orders; and
Victoria
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(iii) to further provide for VCAT review of
Chief Commissioner decisions under
that Act; and
(iv) to further provide for traffickable
quantities of unregistered firearms; and
(v) to create offences for possession of
parts and equipment for the purpose of
manufacturing firearms; and
(vi) to improve the operation of that Act;
and
(vii) to deal with other minor and related
matters; and
(b) to make consequential and related
amendments to the Control of Weapons
Act 1990, the Criminal Organisations
Control Act 2012 and the Fortification
Removal Act 2013.
2 Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Part 3 of this Act comes into operation 10 years
after the day on which Part 2 comes into
operation.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on
a day or days to be proclaimed.
(4) If a provision of this Act to which subsection (3)
applies does not come into operation before
30 September 2018, it comes into operation on
that day.
3 Principal Act
In this Act, the Firearms Act 1996 is called the
Principal Act.
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Part 2—Amendment of the
Firearms Act 1996
4 Purposes
After section 1(a)(vii) of the Principal Act
insert—
"(viia) providing for strict control on the possession,
carriage, use, acquisition, disposal and
storage of firearms; and".
5 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
"IBAC Officer has the same meaning as in the
Independent Broad-based Anti-corruption
Commission Act 2011;
premises means any place, whether built on
or not and whether enclosed or not, and
includes any building or structure on the
place;".
(2) In the definition of shooting gallery in
section 3(1) of the Principal Act, for
"paintball guns" substitute "paintball markers".
6 Offence to possess, carry or use a longarm without a
licence
In section 6(6) of the Principal Act, after
"or E longarm" insert "or a paintball marker".
7 Traffickable quantity of unregistered firearms
(1) In section 7C(1) of the Principal Act, for
"more than 3 firearms" substitute "2 or more
firearms".
(2) In section 7C(2) of the Principal Act, for
"the 3 firearms" substitute "the 2 firearms".
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8 General discretion of Chief Commissioner to refuse
a longarm or handgun licence
In section 17(1) of the Principal Act—
(a) after paragraph (b) insert—
"(ba) if the Chief Commissioner is satisfied
that the applicant is not a fit and proper
person on the basis of information
known to the Chief Commissioner as to
the criminal activities of the applicant;
or";
(b) for paragraph (c)(i) and (ia) substitute—
"(i) in relation to an applicant to which
paragraph (ba) does not apply, the
applicant is a fit and proper person; and
(ia) all responsible persons in relation to the
application are fit and proper persons;
and".
9 Review of decision not to issue licence
(1) In section 34(1) of the Principal Act—
(a) for "Subject to subsection (2), a" substitute
"A";
(b) in paragraph (a), after "a licence" insert
"other than for the ground specified in
section 17(1)(ba)".
(2) For section 34(2) of the Principal Act
substitute—
"(2) A non-prohibited person who has applied
for a licence under this Part may apply to
VCAT for a review of a decision of the Chief
Commissioner not to issue a licence on the
ground specified in section 17(1)(ba).
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(3) Subsection (1) does not apply if an applicant
is disqualified from holding a licence in the
circumstances set out in section 33A(2A).".
10 New section inserted after section 39
After section 39 of the Principal Act insert—
"39A Extension of junior licence after 18 years
(1) A junior licence is taken to continue in
force on and after the day on which the
holder turns 18 years of age if—
(a) the junior licence is not due to expire
until on or after the day on which the
holder turns 18 years of age; and
(b) before the holder turns 18 years of
age, the Chief Commissioner receives
an application from the holder, in
accordance with this Act, for a licence
for the same category of firearms as
that for which the junior licence has
been issued.
(2) A licence that is taken to continue in force
under subsection (1), does so until—
(a) the holder is issued with the licence
for which the application referred to in
subsection (1)(b) was made; or
(b) if the Chief Commissioner decides not
to issue that licence, the date on which
the holder is notified of that decision;
or
(c) if, under section 32A, the Chief
Commissioner refuses to make a
decision on the application, the date on
which Chief Commissioner so refuses.
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(3) Subsection (2)(b) applies even if the person
applies to the Firearms Appeals Committee
for a review of the decision of the Chief
Commissioner not to issue the licence.".
11 Discretion to refuse to renew etc. licence
In section 42(2) of the Principal Act—
(a) after paragraph (ba) insert—
"(bb) if the Chief Commissioner is satisfied
that the applicant is not a fit and proper
person on the basis of information
known to the Chief Commissioner as to
the criminal activities of the applicant;
or";
(b) for paragraph (c)(i) substitute—
"(i) in relation to an applicant to which
paragraph (bb) does not apply, the
applicant is a fit and proper person; and
(ia) all responsible persons in relation to the
application are fit and proper persons;
and".
12 Review of decision not to renew a licence
(1) In section 44(a) of the Principal Act, after
"that licence" insert ", other than for the ground
specified in section 42(2)(bb)".
(2) At the end of section 44 of the Principal Act
insert—
"(2) A non-prohibited person who has applied
for a renewal of a licence under this Part
may apply to VCAT for a review of a
decision of the Chief Commissioner not to
renew a licence on the ground specified in
section 42(2)(bb).".
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13 Power of the Chief Commissioner to cancel a licence
For section 49(1)(f) and (fa) of the Principal Act
substitute—
"(f) the holder of the licence is not a fit and
proper person on the basis of information
known to the Chief Commissioner as to the
criminal activities of the holder; or
(fa) in relation to a holder to which paragraph (f)
does not apply, the holder is no longer a fit
and proper person on any other basis; or
(fb) any responsible person in relation to the
licence is not a fit and proper person; or".
14 Review of a decision to cancel a licence
(1) In section 50 of the Principal Act, for
"paragraph (fa)" substitute "paragraph (f)".
(2) At the end of section 50 of the Principal Act
insert—
"(2) A non-prohibited person who is the holder
of a licence under this Part that has been
cancelled by the Chief Commissioner on the
ground specified in section 49(1)(f) may
apply to VCAT for a review of the decision
to cancel the licence.".
15 Notice of Chief Commissioner's decision
(1) In section 51(1) of the Principal Act, for
"paragraph (fa)" substitute "paragraph (f)".
(2) In section 51(1A) of the Principal Act—
(a) omit "general category handgun";
(b) for "section 49(1)(fa)" substitute
"section 49(1)(f)".
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16 Exemptions from Part 2
(1) After section 54(1) of the Principal Act insert—
"(1A) A non-prohibited person does not commit an
offence against section 7 and is not required
to hold a licence under this Part when
carrying or using a general category handgun
at an approved shooting range, if the person
is receiving instruction in the use of a
general category handgun and—
(a) the person is of or over 12 years of age;
and
(b) the instruction is being given by or
under the immediate supervision of the
holder of a general category handgun
licence; and
(c) the person has not received any such
instruction on more than 13 previous
occasions; and
(d) if the person receiving instruction is of
or over the age of 18 years, the person
is receiving the instruction for the
purpose of obtaining a general category
handgun licence for a reason set out in
section 15(1); and
(e) if the person receiving instruction is
under the age of 18 years—
(i) the person giving the instruction
has written consent to give the
instruction from a parent or
guardian of the person who is
receiving the instruction; and
(ii) the person receiving the
instruction has written consent of
the person's parent or guardian to
receive the instruction.".
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(2) In section 54(2) of the Principal Act, for "set out
in item 4 or 5A of Schedule 3" substitute "set out
in subsection (1A)".
17 New Division inserted in Part 3
After the heading to Part 3 of the Principal Act
insert—
"Division 1AA—Definition
59AA Definition
In this Part—
carry on the business of being a firearms
dealer includes, but is not limited to—
(a) acquiring, disposing of, hiring,
lending or transferring ownership
in any firearms, firearms parts or
cartridge ammunition; or
(b) exposing or offering for sale
any firearms, firearms parts or
cartridge ammunition; or
(c) possessing for the purpose of
disposing of, acting as an agent
in the transfer of ownership in or
repairing any firearms, firearms
parts or cartridge ammunition; or
(d) manufacturing or repairing
any firearms or possessing any
firearms parts for the purpose
of manufacturing or repairing
firearms.".
18 Offence to carry on the business of dealing in
firearms, consequential amendment
Section 59(3) of the Principal Act is repealed.
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19 Offence to possess parts etc. for the purpose of
manufacturing firearms
(1) For the heading to section 59A of the Principal
Act substitute—
"Offence to manufacture firearms or to possess
parts etc. for the purpose of manufacturing
firearms".
(2) After section 59A(2) of the Principal Act insert—
"(3) A person must not possess any firearm part
for the purpose of manufacturing—
(a) a category A or category B longarm or
a paintball marker; or
(b) any part for a category A or category B
longarm or a paintball marker—
unless that person does so under and in
accordance with a licence issued under this
Part.
Penalty: 600 penalty units or 5 years
imprisonment.
(4) A person must not possess any firearm part
for the purpose of manufacturing—
(a) a firearm that is not a category A or
category B longarm or a paintball
marker; or
(b) any part for a firearm that is not a
category A or category B longarm or
a paintball marker—
unless that person does so under and in
accordance with a licence issued under this
Part.
Penalty: 1200 penalty units or 10 years
imprisonment.
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(5) A person must not possess any equipment
for the purpose of manufacturing—
(a) a category A or category B longarm or
a paintball marker; or
(b) any part for a category A or category B
longarm or a paintball marker—
unless that person does so under and in
accordance with a licence issued under this
Part.
Penalty: 600 penalty units or 5 years
imprisonment.
(6) A person must not possess any equipment
for the purpose of manufacturing—
(a) a firearm that is not a category A or
category B longarm or a paintball
marker, or
(b) any part for a firearm that is not a
category A or category B longarm or
a paintball marker—
unless that person does so under and in
accordance with a licence issued under this
Part.
Penalty: 1200 penalty units or 10 years
imprisonment.".
20 Prohibitions on advertising
(1) For section 101(1) and (2) of the Principal Act
substitute—
"(1) A person must not publish or cause to be
published an advertisement which advertises
that a firearm is offered for sale unless—
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(a) the person is a licensed firearms dealer
and the advertisement contains the
person's dealers licence number; or
(b) the advertisement contains a statement
that the proposed sale is to be arranged
by or through a licensed firearms
dealer.
Penalty: 40 penalty units.".
(2) For section 101(3) of the Principal Act
substitute—
"(3) A person must not publish or cause to be
published an advertisement which advertises
that a firearm is offered for sale unless the
advertisement contains—
(a) the serial number of the firearm; and
(b) where the firearm is being offered for
sale by, or on behalf of, a person who
is not a licensed firearms dealer—the
firearms licence number of that person.
Penalty: 10 penalty units.".
(3) Section 101(5) of the Principal Act is repealed.
21 Offence to acquire or dispose of traffickable
quantities of firearms
(1) In section 101A(1) of the Principal Act, for
"more than 3 unregistered firearms" substitute
"2 or more unregistered firearms".
(2) In section 101A(2) of the Principal Act, for
"the 3 firearms" substitute "the 2 firearms".
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22 New Part 4A inserted
After Part 4 of the Principal Act insert—
"Part 4A—Firearm prohibition
orders
Division 1—Definitions
112A Definitions
In this Part and in Parts 8 and 10A—
firearm prohibition order means an order
made under section 112D(1);
firearm related item means any of the
following—
(a) a part of a firearm;
(b) cartridge ammunition;
(c) a silencer;
(d) an attachment for a firearm;
(e) an accessory for a firearm;
(f) any other prescribed item related
to a firearm.
Division 2—Firearm prohibition
order offences
112B Offence to acquire, possess, carry or
use a firearm or firearm related item in
contravention of a firearm prohibition
order
A person to whom a firearm prohibition
order applies must not acquire, possess, carry
or use a firearm or firearm related item.
Penalty: 10 years imprisonment.
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112C Offence as to disposal of a firearm etc.
to an individual to whom a firearm
prohibition order applies
(1) A person must not, knowing that a firearm
prohibition order applies to another person—
(a) dispose of or give possession of a
firearm to the other person; or
(b) enable or permit the other person to
possess, carry or use a firearm.
Penalty: 10 years imprisonment.
(2) A person must not, knowing that a firearm
prohibition order applies to another person—
(a) dispose of or give possession of a
firearm related item to the other person;
or
(b) enable or permit the other person to
possess, carry or use a firearm related
item.
Penalty: 3 years imprisonment.
Division 3—Firearm prohibition orders
112D Making a firearm prohibition order
(1) The Chief Commissioner may make an order
prohibiting an individual from doing all or
any of the following—
(a) acquiring any firearm or firearm related
item;
(b) possessing, carrying or using any
firearm or any firearm related item.
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(2) The Chief Commissioner must not make a
firearm prohibition order in respect of a
person who is under the age of 14 years.
(3) A firearm prohibition order may be made
even though the individual to whom the
order applies or is to apply has never
acquired, possessed, carried or used a
firearm or a firearm related item.
(4) A firearm prohibition order may be made
that applies to an individual to whom a
previous firearm prohibition order applied
that has expired or been revoked.
112E Considerations for making a firearm
prohibition order
The Chief Commissioner may make a
firearm prohibition order only if the Chief
Commissioner is satisfied that it is in the
public interest to do so—
(a) because of the criminal history of the
individual; or
(b) because of the behaviour of the
individual; or
(c) because of the people with whom the
individual associates; or
(d) because, on the basis of information
known to the Chief Commissioner
about the individual, the individual may
pose a threat or risk to public safety.
112F Delegation of power to make order
(1) The Chief Commissioner, in writing, may
delegate the power to make a firearm
prohibition order to—
(a) a Deputy Commissioner; or
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(b) an Assistant Commissioner; or
(c) a person employed by the Chief
Commissioner under Division 5 of
Part 3 of the Public Administration
Act 2004 at an executive level in the
Victorian public service; or
(d) a person who has the rank of
commander; or
(e) a person who has the rank of chief
superintendent or superintendent who
has responsibility over one or more of
the following portfolio types—
(i) crime;
(ii) transit and public safety;
(iii) intelligence and covert support;
(iv) licensing and regulation;
(v) family violence;
(vi) counter terrorism;
(vii) operational support.
(2) In this section, Deputy Commissioner,
Assistant Commissioner, commander, chief
superintendent and superintendent have the
same meanings as in the Victoria Police
Act 2013.
112G Form and content of order
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;
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(b) information identifying the individual
to whom the order applies;
(c) a statement of the fact that the order
takes effect on the day on which it is
served on the individual to whom it
applies;
(d) the date on which the order expires;
(e) the provisions of this Act that empower
the making of the order;
(f) a statement setting out section 112P and
a direction to comply with that section;
(g) that the individual to whom the order
applies may apply to VCAT under this
Act for review of the decision to make
the order;
(h) details of—
(i) the offences in sections 112B,
112O and 112P; and
(ii) the powers of police under
sections 112Q, 112R and 112S;
and
(iii) the effect of section 112H.
112H Cancellation of licences and permits
(1) All licences, permits and approvals under
this Act (if any) held by an individual to
whom a firearm prohibition order applies are
cancelled by the making of the order and the
cancellation has effect on the order being
served on the individual.
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(2) If a licence, permit or approval under this
Act is held by a body corporate, an officer of
which is an individual to whom a firearm
prohibition order applies, the licence, permit
or approval is cancelled by the making of the
order and the cancellation has effect on the
order being served on the individual.
Note
See offence in section 112P as to surrender of firearms.
112I Service of order
A firearm prohibition order must be served
in person on the individual to whom it
applies by a police officer.
112J Duration of order
(1) A firearm prohibition order that applies to
an individual who is of or over the age of
18 years remains in force for 10 years from
the day on which it is served on the
individual.
(2) A firearm prohibition order that applies to an
individual who is under the age of 18 years
remains in force for 5 years from the day on
which it is served on the individual.
112K Revocation of order
(1) The Chief Commissioner may revoke a
firearm prohibition order.
(2) To avoid doubt, the power in subsection (1)
is a power that may be exercised solely at the
discretion of the Chief Commissioner and
application may not be made to the Chief
Commissioner by another person for the
Chief Commissioner to exercise the power.
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Division 4—Reviews as to firearm
prohibition orders
112L Review of decision to make a firearm
prohibition order
(1) An individual to whom a firearm prohibition
order applies may apply to VCAT for a
review of the Chief Commissioner's decision
to make the order.
(2) Section 50(3) of the Victorian Civil and
Administrative Tribunal Act 1998 does not
apply to a review under subsection (1).
112M Further right to apply for review of
decision to make firearm prohibition
order
(1) Subject to subsection (2), during the
operation of a firearm prohibition order, the
individual to whom the order applies may
apply to VCAT for a review of the decision
to make the order.
(2) An application under subsection (1) may be
made if more than half the time for which the
order is in force under this Act has expired.
(3) An application under subsection (1) must not
be made more than once in respect of an
order.
(4) The right to apply for review under
subsection (1)—
(a) is in addition to the right set out in
section 112L; and
(b) may be exercised irrespective of
whether a right under section 112L
has been exercised.
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(5) Sections 45(2) and 50(3) of the Victorian
Civil and Administrative Tribunal
Act 1998 do not apply to a review applied
for under subsection (1).
(6) In making a decision on a review applied for
under subsection (1), VCAT may—
(a) have regard to all information and
material on which the decision to make
the order was based; and
(b) any other relevant information and
material.
112N Protected information
To avoid doubt, section 54 of the Victorian
Civil and Administrative Tribunal
Act 1998 applies to a review under this
Division.
Division 5—Further offences
and enforcement
112O Offence for individual to whom a firearm
prohibition order applies to enter or
remain on certain premises
(1) An individual to whom a firearm prohibition
order applies must not enter or remain on
any of the following—
(a) a premises on which a person carries on
the business of being a firearms dealer
(within the meaning of Part 3);
(b) a shooting range;
(c) a handgun target shooting club;
(d) a firearms collectors club;
(e) a shooting club;
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(f) a place where a handgun target
shooting match is occurring;
(g) a paintball range or place at which
paintball activities are carried out;
(h) a premises where firearms are stored;
(i) a prescribed premises.
Penalty: 50 penalty units or 12 months
imprisonment.
(2) Premises that may be prescribed for the
purpose of subsection (1)(i) are premises
where the presence of an individual to whom
a firearm prohibition order applies is a risk to
public safety and order.
112P Offence to fail to surrender firearms or
firearm related items on service of order
(1) At the time a firearm prohibition order is
served, the individual on whom the order is
served must immediately surrender, to the
police officer serving the order, or a police
officer assisting that officer, any firearm or
firearm related item—
(a) that is in the possession of that
individual; or
(b) that the individual is carrying or using.
Penalty: 5 years imprisonment.
(2) If an individual is unable to surrender a
firearm or firearm related item under
subsection (1), the individual must surrender
that firearm or firearm related item to a
police officer in the manner directed by the
police officer who serves the order, and no
later than 24 hours after the order is served.
Penalty: 5 years imprisonment.
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112Q Search of premises, vehicles, vessels or
aircraft without warrant or consent
(1) A police officer, without warrant or
consent, may exercise any of the powers
under subsection (2), if the exercise of the
power is reasonably required to determine
whether an individual to whom a firearm
prohibition order applies has acquired,
possesses or is carrying or using a firearm
or firearm related item in contravention of
section 112B or another provision of this
Act.
(2) For the purposes of 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
individual, including any thing on the
premises and including any vehicle,
vessel or aircraft on the premises;
(b) search any vehicle, vessel or aircraft
that is in the charge of the individual, or
in which the individual is a passenger,
wherever the vehicle, vessel or aircraft
is located.
(3) A police officer may conduct an entry or a
search under this section with the assistance
of any other police officer.
(4) A police officer who conducts an entry
or a search under this section may do the
following—
(a) stop and detain the vehicle, vessel or
aircraft being searched for so long as is
reasonably necessary to conduct the
search;
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(b) seize any firearm or firearm related
item found on the premises, vehicle,
vessel or aircraft.
(5) Before a police officer commences a search
of a premises, vehicle, vessel or aircraft
under this section, if the individual to whom
the order applies is present, the police officer
must inform the individual—
(a) of the registered number of the police
officer allocated to the police officer by
Victoria police; and
(b) that the police officer intends to
search the premises, vehicle, vessel
or aircraft for any firearm or firearm
related item and that the police officer
is empowered to conduct the search
under this Act.
(6) If it is not practicable to do give the
information required to be given under
subsection (5) before commencing 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
required to be given under subsection (5)
after the search is finished.
(7) If so requested by another person present at
the premises, vehicle, vessel or aircraft at
any time before commencing or during a
search under this section, the police officer
must inform the person—
(a) of the registered number of the police
officer allocated to the police officer by
Victoria police; and
(b) that the police officer intends to search,
or is searching, the premises, vehicle,
vessel or aircraft for any firearm or
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firearm related item and that the police
officer is empowered to conduct the
search under this Act.
(8) If it is not practicable to do give the
information required to be given under
subsection (7) 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 required to be given under
subsection (7) after the search is finished.
112R Search of individual to whom firearm
prohibition order applies without warrant
or consent
(1) A police officer, without warrant or consent,
may exercise any of the powers set out in
subsection (2), if the exercise of the power is
reasonably required to determine whether an
individual has acquired, possesses or is
carrying or using a firearm or firearm related
item in contravention of section 112B or
another provision of this Act.
(2) For the purposes of subsection (1), the police
officer may exercise the following powers—
(a) search the individual, other than by
strip searching the individual;
(b) search any item, package or thing in the
possession of the individual.
(3) A police officer who conducts a search under
this section may do the following—
(a) stop and detain the individual being
searched for so long as is reasonably
necessary to conduct the search;
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(b) seize any firearm or firearm related
item—
(i) that is found on the individual or
in any item, package or thing in
the individual's possession; or
(ii) that the individual is carrying or
using.
(4) Before a police officer commences a
search of an individual to whom a firearm
prohibition order applies under this section
or any item package or thing in the
possession of the individual, the police
officer must inform the individual—
(a) of the registered number of the police
officer allocated to the police officer by
Victoria police; and
(b) that the police officer intends to search
the individual and any item, package or
thing in the individual's possession for
any firearm or firearm related item and
that the police officer is empowered to
conduct the search under this Act.
(5) A police officer may detain an individual for
so long as is reasonably necessary to conduct
a search under this section.
112S Search of an accompanying person
without warrant or consent
(1) A police officer, without warrant or consent,
may exercise any of the powers set out in
subsection (2) with respect to a person who
is in the company of an individual to whom
a firearm prohibition order applies, if the
police officer reasonably suspects that the
person—
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(a) is committing or is about to commit an
offence against this Act; and
(b) has a firearm or firearm related item in
the person's possession.
(2) For the purposes of subsection (1), the police
officer may exercise the following powers—
(a) search the person, other than by strip
searching the person;
(b) search any item, package or thing in the
possession of the person.
(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 item, package or thing in the
person's possession; or
(ii) that the person is carrying or
using.
(4) Before a police officer commences a search
of a person under this section, or any item,
package or thing in the possession of the
person, the police officer must inform the
person—
(a) of the registered number of the police
officer allocated to the police officer by
Victoria police; and
(b) that the police officer intends to search
the person and any item, package or
thing in the person's possession for any
firearm or firearm related item and that
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the police officer is empowered to
conduct the search under this Act.
(5) A police officer may detain a person for so
long as is reasonably necessary to conduct a
search under this section.
112T Dealing with firearms or firearm related
items surrendered or seized under this
Part
(1) If a firearm or firearm related item is
surrendered or seized under this Part the
following subsections apply.
(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—
(a) if the firearm or firearm related item
is evidence of an offence against this
Act, for so long as is required for that
purpose; or
(b) if 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 another Act, for so
long as is required for that purpose.
(3) The firearm or firearm related item is
forfeited to the Crown—
(a) if the individual or 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 related item, and no other
person is lawfully entitled to possess
the firearm or firearm related item; or
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(b) if the firearm or firearm related item
has been acquired, possessed, carried
or used, in contravention of this Act,
by the individual or person who
surrendered it or from whom it was
seized.
(4) The firearm or firearm related item must
be returned to the person who is lawfully
entitled to possess it if—
(a) the firearm or firearm related item
is not forfeited to the Crown under
subsection (3); and
(b) the firearm or firearm related item is
not required or no longer required
under subsection (2).
Note
Part 8 deals with the disposal of firearms and other items
forfeited to the Crown or surrendered or seized under this
Act.
112U Certain references to prohibited person
to include references to an individual to
whom a firearm prohibition order applies
(1) Any reference in a provision listed in
subsection (2)—
(a) to a prohibited person is taken to
include a reference to an individual to
whom a firearm prohibition order
applies; and
(b) to a non-prohibited person is taken not
to include a reference to an individual
to whom a firearm prohibition order
applies.
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(2) For the purpose of subsection (1), the
following provisions are listed—
(a) any provision of Division 2, 4, 5, 6,
7, 8 or 10 of Part 2;
(b) any provision of Part 3 (other than
Division 3), 4, 6 or 6A; and
(c) section 179.".
23 Storage of paintball markers, paintball marker
licence
After section 121(1A) of the Principal Act
insert—
"(1B) A person who possesses a paintball marker
under a paintball marker licence must store
that paintball marker, when is it not being
carried or used—
(a) in the manner provided for in item 1A
of Schedule 4; or
(b) in any other manner which the Chief
Commissioner is satisfied is as secure
as the manner provided for in that item.
Penalty: 60 penalty units or 12 months
imprisonment.".
24 Storage of paintball markers, dealers licence
After section 123(1) of the Principal Act insert—
"(1A) A person who possesses a paintball marker
under a dealers licence must store that
paintball marker in the manner fixed in the
licence.
Penalty: 60 penalty units or 12 months
imprisonment.".
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25 Offences as to possession, carriage or use of
firearms in certain places
(1) Insert the following heading to section 130 of the
Principal Act—
"Offences as to possession, carriage and use of
firearms in certain places".
(2) For section 130(1) of the Principal Act
substitute—
"(1) A person must not possess a loaded
firearm—
(a) in a public place; or
(b) in any other place with reckless
disregard for the safety of any person.
Penalty: 10 years imprisonment.
(1A) A person must not carry a loaded firearm—
(a) in a public place; or
(b) in any other place with reckless
disregard for the safety of any person.
Penalty: 10 years imprisonment.
(1B) A person must not use a firearm—
(a) in a public place; or
(b) in any other place with reckless
disregard for the safety of any person.
Penalty: 10 years imprisonment.".
(3) For section 130(2) of the Principal Act
substitute—
"(2) To avoid doubt, the interior and exterior
of any vehicle, vessel or aircraft that is
in a public place is a public place.
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(2A) A person does not commit an offence under
subsection (1), (1A) or (1B) if the person
is—
(a) a police officer or a protective services
officer who is acting in the course of
the police officer's or protective
services officer's official duties and
when so authorised by the Chief
Commissioner; or
(b) a senior IBAC Officer when carrying
out the purposes for which firearms
may be possessed, carried or used,
and as authorised under Part 5 of
the Independent Broad-based
Anti-corruption Commission
Act 2011; or
(c) a member of a police force or a police
service of the Commonwealth or of
another State or a Territory who is
possessing, carrying or using a firearm
issued to the member for the
performance of a detailed duty; or
(d) a person who holds a licence under
this Act, that is issued for the reason
of prison guard and who is carrying
or using a firearm which the person
is authorised to carry or use under the
licence, and who is acting in the course
of the person's duties as a prison guard
and who is in the immediate pursuit of
another person under the person who
is the guard's custody; or
(e) a person who holds a licence under
this Act, and who is possessing,
carrying or using a firearm which the
person is authorised to possess, carry
or use under the licence and who is
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acting in the course of the person's
duties under any relevant law within
the meaning of the Conservation,
Forests and Lands Act 1987 or under
the Livestock Disease Control
Act 1994 or the Prevention of
Cruelty to Animals Act 1986; or
(f) a person who holds a licence under
this Act, and who is possessing,
carrying or using a firearm which the
person is authorised to possess, carry
or use in accordance with the licence
and who is acting under a game licence
under the Wildlife Act 1975; or
(g) a person who holds a licence under
this Act, and who is possessing,
carrying or using a firearm in
accordance with the licence and
with any other requirements of any
other law, licence, permit or other
authority that applies to the possession,
carriage or use.".
(4) In section 130(3) of the Principal Act, for "(1)"
substitute "(1)(a), (1A)(a) or (1B)(a)".
(5) In section 130(3) of the Principal Act, after
"person who" insert "possesses,".
(6) At the end of section 130 of the Principal Act
insert—
"(7) In this section—
loaded, in relation to a firearm, includes the
following—
(a) a firearm that has cartridge
ammunition in its chamber or
barrel;
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(b) a firearm that is fitted with a
magazine or other device that is
loaded with cartridge ammunition,
if the cartridge ammunition can be
fitted to the chamber or barrel of
the firearm by the operation of
another part of the firearm.".
26 New section inserted after section 131
After section 131 of the Principal Act insert—
"131A Offence to discharge firearm at a premises
or vehicle
(1) A person must not, with reckless disregard
for the safety of any person, use a firearm
to discharge a shot, bullet or other missile
at a vehicle, vessel, aircraft, or premises.
Penalty: 15 years imprisonment.
(2) A person who, with reckless disregard
for the safety of another, uses a firearm to
discharge a shot, bullet or other missile at a
vehicle, vessel, aircraft, or premises, while
carrying out a serious indictable offence, is
guilty of an offence and liable to a term of
imprisonment not exceeding 20 years.
(3) A person does not commit an offence under
subsection (1) or (2) if the person is—
(a) a police officer or a protective services
officer who is acting in the course of
the police officer's or protective
services officer's official duties and
when so authorised by the Chief
Commissioner; or
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(b) a senior IBAC Officer who is
carrying out the purposes for which
firearms may be used, and as authorised
under Part 5 of the Independent
Broad-based Anti-corruption
Commission Act 2011; or
(c) a member of a police force or police
service of the Commonwealth or of
another State or a Territory who is
using a firearm issued to the member
for the performance of a detailed duty;
or
(d) a person who holds a licence under
this Act, that is issued for the reason
of prison guard who is using a firearm
which the person is authorised to use
under the licence, and who is acting
in the course of the person's duties
as a prison guard and who is in the
immediate pursuit of another person
who is under the person who is the
guard's custody; or
(e) a person who holds a licence under
this Act, who is using a firearm which
the person is authorised to use under
the licence and who is acting in the
course of the person's duties under any
relevant law within the meaning of the
Conservation, Forests and Lands
Act 1987 or under the Livestock
Disease Control Act 1994 or the
Prevention of Cruelty to Animals
Act 1986.
(4) In this section—
serious indictable offence has the same
meaning as in section 325 of the
Crimes Act 1958.".
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27 Forfeited firearms, consequential amendment
In section 152 of the Principal Act, after "firearm"
(wherever occurring) insert "or firearm related
item".
28 Firearms Appeals Committee membership
(1) In section 155(1) of the Principal Act, for "13"
substitute "15".
(2) In section 155(2)(a) of the Principal Act—
(a) for "3 must be" substitute "5 must be";
(b) in subparagraph (i), for "1 person"
substitute "2 persons";
(c) in subparagraph (ii), for "3 persons"
substitute "5 persons";
(d) in subparagraph (iii), for "5 persons"
substitute "8 persons".
29 Procedure of the Committee
In section 161(5) of the Principal Act, for
"7 members" substitute "8 members".
30 New Part 10A inserted
After Part 10 of the Principal Act insert—
"Part 10A—Firearm prohibition
orders, reporting and the IBAC
Division 1—Definitions
171 Definitions
In this Part—
applicable proceeding, process or action
means—
(a) any legal proceeding other than a
criminal proceeding;
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(b) any proceeding, other than a
criminal proceeding, of any
tribunal, authority or person
having power to require the
production of documents or the
answering of questions, other
than the Victorian Inspectorate;
(c) any disciplinary process or action;
authorised IBAC Officer means an
IBAC Officer that is authorised
under section 174M(4);
breach of discipline has the same meaning
as in section 3(1) of the Victoria Police
Act 2013;
IBAC Commissioner has the same
meaning as Commissioner has in
the Independent Broad-based
Anti-corruption Commission
Act 2011;
IBAC Ministerial report means a report
under section 174B;
member of Victoria Police personnel has
the same meaning as in section 3(1)
of the Victoria Police Act 2013;
protected person has the same meaning
as in section 45 of the Independent
Broad-based Anti-corruption
Commission Act 2011.
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Division 2—Annual reporting
obligations
172 Information to be included in annual
reports
(1) The Chief Commissioner must provide to
the Minister, for inclusion in the annual
report of Victoria Police as a public body
for a financial year under Part 7 of the
Financial Management Act 1994, a report
containing the following information—
(a) the number of firearm prohibition
orders issued;
(b) the number of firearm prohibition
orders in operation;
(c) the number of people under 18 years
of age who are subject to firearm
prohibition orders;
(d) the number of firearms and firearm
related items seized during any exercise
of powers under Part 4A;
(e) the number of charges laid for offences
under this Act connected with searches
under Part 4A;
(f) the number of charges laid for other
offences connected with searches
under Part 4A.
(2) The IBAC, in its annual report for a
financial year under Part 7 of the Financial
Management Act 1994, must include the
following information—
(a) the number of firearm prohibition
orders, the making of which it has
reviewed;
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(b) the number of cases of review for
which recommendations have been
made by the IBAC and the number of
those recommendations that have been
accepted by the Chief Commissioner.
Division 3—Monitoring the
administration of Part 4A and this Part
173 IBAC to monitor exercise of powers etc.
under Part 4A and this Part
The IBAC may monitor any exercise of
the powers of the Chief Commissioner or
performance of the duties and functions of
the Chief Commissioner under Part 4A or
this Part, including monitoring any issue
relating to—
(a) the administration by the Chief
Commissioner of Part 4A and this Part;
and
(b) an exercise of powers under Part 4A or
this Part.
174 Reports to the Minister on monitoring
(1) The IBAC may at any time give the
Minister a written report on any monitoring
of any exercise of the powers of the Chief
Commissioner or a performance of the duties
and functions of the Chief Commissioner
under Part 4A or this Part, including the
results of any inspections carried out under
Division 6.
(2) If requested by the Minister to do so, the
IBAC must give the Minister a report under
subsection (1) as soon as practicable after
receiving the request.
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(3) The IBAC must give a copy of any
report under subsection (1) to the Chief
Commissioner.
174A Request for action after monitoring
(1) After monitoring any exercise of the
powers of the Chief Commissioner or any
performance of the duties and functions of
the Chief Commissioner under Part 4A
or this Part, the IBAC, in writing, may
recommend that the Chief Commissioner
take any action that the IBAC considers
appropriate.
(2) The Chief Commissioner must give a written
response to the IBAC's recommendation
within 45 days of receiving the
recommendation.
(3) A recommendation under subsection (1)
must be made in private.
Division 4—IBAC Ministerial report
174B IBAC Ministerial report
(1) The IBAC, in accordance with section 174C,
must report to the Minister on matters for or
with respect to—
(a) the administration of Part 4A and this
Part; and
(b) the exercise of the powers of the Chief
Commissioner and the performance of
the duties and functions of the Chief
Commissioner under Part 4A and this
Part; and
(c) the exercise of any other powers under
Part 4A.
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(2) In a report under this section the IBAC may
identify and include recommendations to the
Minister on possible amendments to Part 4A
or this Part to improve the operation of the
Parts.
174C Timing of IBAC Ministerial report
The IBAC must make an IBAC Ministerial
report as soon as possible after the end of the
first 2 year period from the commencement
of this Division and as soon as possible after
the end of each 2 year period after that.
174D Tabling IBAC Ministerial reports
(1) The Minister must cause an IBAC
Ministerial report to be laid before each
House of Parliament within 7 sitting days of
that House after receiving the report.
(2) A report tabled under subsection (1) must
not include any information that the Chief
Commissioner identifies should not be
included in the report.
(3) For the purpose of subsection (2), before
the Minister tables the report the Chief
Commissioner may advise the Minister
that information in the report should not
be included the tabled report because, in
the Chief Commissioner's opinion, the
information could reasonably be expected
to—
(a) endanger a person's safety; or
(b) prejudice an investigation or
prosecution; or
(c) compromise operational activities or
methodologies of—
(i) Victoria Police; or
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(ii) the IBAC; or
(iii) a police force or police service of
another State or a Territory of the
Commonwealth; or
(iv) the Australian Federal Police
constituted under the Australian
Federal Police Act 1979 of the
Commonwealth; or
(v) any police force or police service
(however described) in a place
outside Australia; or
(vi) any other person or body
responsible for the enforcement of
laws in a place outside Australia;
or
(d) disclose the identity of a person, where
it is not in the public interest to do so.
Division 5—Reporting on the issue of
firearm prohibition orders
174E Chief Commissioner report on issued
firearm prohibition orders
(1) As soon as possible after the end of each
period of 3 months in any year the Chief
Commissioner, in writing, must report to the
IBAC listing the firearm prohibition orders
issued in the period.
(2) For the purpose of subsection (1), the first
period of 3 months in any year begins on
1 January.
(3) A report under subsection (1) must set out
the following information—
(a) the number of orders issued in the
period;
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(b) in relation to each order—
(i) the name and age of the individual
to whom the order applies; and
(ii) the grounds set out in section
112E that were relied on to issue
the order; and
(iii) whether or not an application for
VCAT review has been applied
for.
174F The IBAC review of the issue of firearm
prohibition orders
(1) The IBAC must review the making of
firearm prohibition orders in accordance
with this section.
(2) A review of the making of firearm
prohibition orders must be conducted for
each 3 month period of every year, with the
first period commencing on 1 January.
(3) In each quarterly review the IBAC must
review the making of a proportion of the
orders made during the period under review.
(4) The IBAC must determine the proportion of
orders to be reviewed having regard to the
number of orders made during the period, the
need to have a representative sample of
orders made and any other relevant issues.
174G Preliminary processes
(1) Once the IBAC has determined the orders,
the issue of which is to be reviewed, the
IBAC, in writing, must give the Chief
Commissioner notice of that information.
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(2) On receiving a notice under subsection (1),
the Chief Commissioner must allow the
IBAC to have access to all information on
which the decision to make the order was
based.
174H Conduct of review
(1) For each order under review, the IBAC must
review whether or not the order should have
been made having regard to the matters set
out in section 112E(a), (b), (c) and (d).
(2) In a review, the information that the IBAC
may consider is the information given to the
IBAC under section 174G(2).
174I The IBAC may request that certain action
be taken
(1) After reviewing the issue of an order, the
IBAC, in writing, may recommend that the
Chief Commissioner take any action that the
IBAC considers appropriate.
(2) The Chief Commissioner must give a written
response to the IBAC's recommendation
within 45 days of receiving the
recommendation.
(3) A recommendation under subsection (1)
must be made in private.
Division 6—General
174J Non-production of documents and other
things in applicable proceeding, process or
action
(1) A protected person is not compellable
to produce, or permit inspection of, any
document or other thing in any applicable
proceeding, process or action if—
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(a) the protected person has created the
document or thing in the performance
of the duties and functions or the
exercise of the powers of the protected
person or the IBAC under this Act; or
(b) the document or thing has come into
the protected person's possession or
control in the performance of the duties
and functions or the exercise of the
powers of the protected person or the
IBAC under this Act.
(2) A written certificate of the IBAC that a
document or thing is a document or thing to
which subsection (1)(a) or (b) applies is
evidence of that fact.
174K Exemption from Freedom of Information
Act 1982
(1) The Freedom of Information Act 1982
does not apply to a document that is in the
possession of any person or body to the
extent to which the document discloses
information that relates to the performance
of the duties and functions or the exercise of
the powers of the IBAC or an authorised
IBAC Officer.
(2) In this section, document has the same
meaning as in the Freedom of Information
Act 1982.
174L Disclosure of information by Chief
Commissioner under this Part
(1) The Chief Commissioner does not commit
an offence under section 181, if the Chief
Commissioner discloses information to the
IBAC for the purposes of this Part.
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(2) A member of Victoria Police personnel does
not commit an offence under section 181, if
the member discloses information to the
IBAC for the purposes of this Part.
174M Powers of entry and inspection
(1) An authorised IBAC Officer may, after
notifying the Chief Commissioner of the
intended entry—
(a) at any time, enter premises occupied
by Victoria Police at which the IBAC
Commissioner reasonably believes
there are documents that contain, or
relate to, the administration of Part 4A
or that are relevant to the IBAC's
functions under this Part; and
(b) inspect or copy any document
found at any premises entered under
paragraph (a); and
(c) may require a member of Victoria
Police personnel to give the authorised
IBAC Officer any information that the
authorised IBAC Officer considers
necessary, being information that is in
the member's possession, or to which
the member has access, and that is
relevant to the inspection; and
(d) may require a member of Victoria
Police personnel to answer any
question that is relevant to the
inspection; and
(e) do anything that it is necessary
or convenient to do to enable an
inspection to be carried out under
this section.
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(2) The Chief Commissioner must ensure that
members of Victoria Police personnel give
any assistance the authorised IBAC Officer
reasonably requires to enable the authorised
IBAC Officer to perform the authorised
IBAC Officer's functions under this section.
(3) Any information or answer given in
accordance with a requirement under
subsection (1)(c) or (d) is not admissible in
evidence before any court or person acting
judicially, except in proceedings for—
(a) perjury or giving false information; or
(b) a breach of discipline by a member of
Victoria police personnel; or
(c) a disciplinary process or action,
within the meaning of the Independent
Broad-based Anti-corruption
Commission Act 2011.
(4) The IBAC may authorise a IBAC Officer to
exercise the powers of an authorised IBAC
Officer under this section.
174N IBAC to be given reasonable assistance
(1) The Chief Commissioner must give the
IBAC any reasonable assistance that the
IBAC reasonably requires to enable the
IBAC to perform the IBAC's functions
under this Part.
(2) The Chief Commissioner must ensure
that each of the following persons gives
the IBAC any assistance that the IBAC
reasonably requires to enable the IBAC to
perform the IBAC's functions under this
Part—
(a) police officers;
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(b) delegates of the Chief Commissioner
under Part 4A;
(c) any persons employed in the
administration of Part 4A or this Part.
174O Chief Commissioner to keep records
(1) For the purpose of Part 4A and this Part, the
Chief Commissioner must take all reasonable
steps to ensure that the following records are
kept—
(a) each firearm prohibition order made,
including any order that is not in
operation;
(b) any document received from an
individual to whom a firearm
prohibition order applies, or on behalf
of that person, in relation to the order;
(c) any policies, procedures or guidelines
of Victoria Police about the making of
firearm prohibition orders or the
operation of Part 4A;
(d) records of any searches under Part 4A.
(2) It is sufficient compliance with subsection
(1) if a copy of a document is kept.".
31 Exception to general power of delegation
In section 176 of the Principal Act—
(a) for "section 153C(1) and the following—"
substitute "sections 112F and 153C(1) and
this power of delegation.";
(b) paragraphs (a), (b) and (c) are repealed.
32 Consequential amendment of reference to VCAT
In section 182(1) of the Principal Act, for
"the Victorian Civil and Administrative Tribunal"
substitute "VCAT".
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33 Insertion of new section after section 182
After section 182 of the Principal Act insert—
"182A Time period for making application for
review to VCAT
(1) An application for review of a decision
of the Chief Commissioner on the ground
specified in section 17(1)(ba), 42(2)(bb)
or 49(1)(f) must be made within 28 days
of the later of—
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the applicant or the applicant is
informed under section 46(5) of that
Act that a statement of reasons will not
be given.
(2) An application for review under section
112L must be made within 28 days of the
later of—
(a) the day on which the firearm
prohibition order is served on the
individual to whom it applies; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the individual requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the individual or the individual is
informed under section 46(5) of that
Act that a statement of reasons will not
be given.".
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34 Indictable offences
In section 189A of the Principal Act—
(a) for "59A(1), 59A(2)" substitute
"59A(1), (2), (3), (4), (5) and (6)";
(b) after "102(2A), (3) and (3A)" insert
", 112B, 112C(1) and (2), 112P(1) and (2)";
(c) after "129A" insert ", 130(1), (1A),
and (1B), 131A(1) and (2)".
35 New section 217 inserted
After section 216 of the Principal Act insert—
"217 Transitional provision—Firearms
Amendment Act 2018—trafficking
The amendments made to this Act by
sections 7 and 21 of the Firearms
Amendment Act 2018 apply only to
offences alleged to have been committed
on or after the commencement of those
sections.
218 Transitional provision—Firearms
Amendment Act 2018—possession,
carriage and use of firearms in certain
places
(1) The amendments made to this Act by
section 25 of the Firearms Amendment
Act 2018 apply only to offences alleged to
have been committed on or after the
commencement of that section.
(2) On the commencement of section 25 of
the Firearms Amendment Act 2018, a
permission of the Chief Commissioner—
(a) that was given under section 130(3),
as in force before the commencement
of section 25 of that Act; and
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(b) that is in force immediately before
the commencement of section 25 of
that Act—
is taken to continue in force as if
the permission had been given under
section 130(3) as amended by section 25
of that Act.
219 Transitional provision—Firearms
Amendment Act 2018—applications for
licences
(1) This Act as amended by sections 8 and 9 of
the Firearms Amendment Act 2018 applies
to any application for a licence to which
section 17 applies, whether that application
was made before, on or after the
commencement of those sections.
(2) This Act as amended by sections 11 and 12
of the Firearms Amendment Act 2018
applies to any application for renewal of a
licence to which section 42 applies, whether
the application was made before, on or after
the commencement of those sections.
220 Transitional provision—Firearms
Amendment Act 2018—suspended
licences
Section 49 of this Act, as in force
immediately before the commencement of
section 13 of the Firearms Amendment
Act 2018, applies in the case of any licence
suspended under section 47 in respect of
which a decision has not been made by the
Chief Commissioner under section 49 before
the commencement of section 13 of that
Act.".
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36 Amendment of Schedule 3, exemptions from licence
requirements
(1) Items 4 and 5A of Schedule 3 to the Principal Act
are repealed.
(2) In Column 2 of item 6 of Schedule 3 to the
Principal Act, for "paintball gun" substitute
"paintball marker".
37 Amendment of Schedule 4, storage of paintball
markers
After item 1 of Schedule 4 to the Principal Act
insert—
"1A Paintball marker licences
The requirements for storage of a paintball
marker are the same as those for the storage
of a category A or B longarm provided for in
item 1 of this Schedule.".
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Part 3—Repeal of firearm prohibition
order provisions
38 Repeal of Parts 4A and 10A
Parts 4A and 10A of the Principal Act are
repealed.
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Part 4—Amendment of other Acts
39 Amendment of the Control of Weapons Act 1990
(1) In section 3(1) of the Control of Weapons
Act 1990 insert the following definition—
"firearm prohibition order has the same meaning
as in the Firearms Act 1996;".
(2) After section 5AB(2) of the Control of Weapons
Act 1990 insert—
"(3) An individual to whom a firearm prohibition
order applies must not possess, carry or use
an imitation firearm.
Penalty: 1200 penalty units or
imprisonment for 10 years.".
(3) In section 11A of the Control of Weapons
Act 1990 for "or section 5AB(2)" substitute
"or 5AB (2) or (3)".
40 Amendment of the Criminal Organisations Control
Act 2012
In the Schedule to the Criminal Organisations
Control Act 2012—
(a) after item 6.59 insert—
"6.59A Section 112C(2) (offence to dispose
of or give possession of a firearm to
a person who is subject to a firearm
prohibition order or enable such a
person to possess, carry or use a
firearm).
6.59B Section 112O(1) (offence for a person
to whom a firearm prohibition order
applies to enter or remain on certain
premises).";
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(b) after item 6.61 insert—
"6.61A Section 121(1B) (improperly storing a
paintball marker).";
(c) after item 6.66 insert—
"6.66A Section 123(1A) (improperly storing a
paintball marker that is possessed under
a dealers licence).".
41 Amendment of the Fortification Removal Act 2013
In the Schedule to the Fortification Removal
Act 2013—
(a) after item 6.59 insert—
"6.59A Section 112C(2) (offence to dispose
of or give possession of a firearm to a
person who is subject to a firearm
prohibition order or enable such a
person to possess, carry or use a
firearm).
6.59B Section 112O(1) (offence for a person
to whom a firearm prohibition order
applies to enter or remain on certain
premises).";
(b) after item 6.61 insert—
"6.61A Section 121(1B) (improperly storing a
paintball marker).";
(c) after item 6.66 insert—
"6.66A Section 123(1A) (improperly storing a
paintball marker that is possessed under
a dealers licence).".
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Part 5—Repeal of amending Act
42 Repeal of amending Act
This Act is repealed on the first anniversary
of the day on which all of its provisions are in
operation.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 21 September 2017
Legislative Council: 2 November 2017
The long title for the Bill for this Act was "A Bill for an Act to amend the
Firearms Act 1996 and to make consequential and related amendments
to the Control of Weapons Act 1990, the Criminal Organisations
Control Act 2012 and the Fortification Removal Act 2013 and for
other purposes."
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