Firearms Amendment (Trafficking and Other Measures) Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Possession of a traffickable quantity of unregistered firearms 2 4 Offence to carry on business of dealing in firearms 2 5 New section 59A inserted 3 6 Prohibition on the acquisition or disposal of traffickable quantities of firearms 3 7 Section 145 substituted 4 8 Indictable offences 4 9 New section 74AA inserted in Crimes Act 1958 5 10 Repeal of amending Act 5 ═══════════════ Endnotes 6 1 General information 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Firearms Amendment (Trafficking and Other Measures) Act 2015 † No. 44 of 2015 [Assented to 22 September 2015] The Parliament of Victoria enacts: 1 Purposes The main purposes of this Act are— (a) to amend the Firearms Act 1996— (i) to lower the number of unregistered firearms that is a traffickable quantity from 10 firearms to 3 firearms; and Victoria -- 2 of 7 -- Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 2 Authorised by the Chief Parliamentary Counsel (ii) to provide higher penalties for persons who manufacture firearms otherwise than in accordance with a firearms dealers licence; and (iii) to clarify the circumstances under which a person is taken to be in possession of a firearm found on land or premises occupied by, in the care of or under the control or management of the person, or found in a vehicle of which the person is in charge; and (b) to amend the Crimes Act 1958 to create a new offence of stealing a firearm that carries a higher penalty than that applying to the general offence of theft. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 June 2016, it comes into operation on that day. 3 Possession of a traffickable quantity of unregistered firearms In section 7C(1) and (2) of the Firearms Act 1996, for "10 firearms" substitute "3 firearms". 4 Offence to carry on business of dealing in firearms (1) In section 59(2) of the Firearms Act 1996, for "is the holder of" substitute "does so under and in accordance with". -- 3 of 7 -- Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 3 Authorised by the Chief Parliamentary Counsel (2) After section 59(2) of the Firearms Act 1996 insert— "(2A) Subsections (1) and (2) do not apply to the manufacturing of firearms. Note Higher penalties apply to a person who manufactures a firearm other than in accordance with a licence issued under this Part—see section 59A.". 5 New section 59A inserted After section 59 of the Firearms Act 1996 insert— "59A Offence to manufacture firearms (1) A person must not manufacture a category A or B longarm or 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. (2) A person must not manufacture any firearm to which subsection (1) does not apply unless that person does so under and in accordance with a licence issued under this Part. Penalty: 1200 penalty units or 10 years imprisonment.". 6 Prohibition on the acquisition or disposal of traffickable quantities of firearms (1) In section 101A(1) of the Firearms Act 1996— (a) for "10 unregistered firearms" substitute "3 unregistered firearms"; (b) for "7 days" substitute "12 months". (2) In section 101A(2) of the Firearms Act 1996, for "10 firearms" substitute "3 firearms". -- 4 of 7 -- Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 4 Authorised by the Chief Parliamentary Counsel 7 Section 145 substituted For section 145 of the Firearms Act 1996 substitute— "145 Firearms found on premises or vehicle (1) A firearm is taken to be in the possession of a person if the firearm is found— (a) on land or premises occupied by, in the care of or under the control or management of the person; or (b) in a vehicle of which the person is in charge. (2) Subsection (1) does not apply if, at the time the firearm was found— (a) the firearm was in the possession of another person who was lawfully authorised under this Act to possess the firearm; or (b) the person believed on reasonable grounds that the firearm was in the possession of another person who was lawfully authorised under this Act to possess the firearm; or (c) the person did not know, and could not reasonably be expected to know, that the firearm was on the premises or in the vehicle.". 8 Indictable offences In section 189A of the Firearms Act 1996, after "59(2)," insert "59A(1), 59A(2),". -- 5 of 7 -- Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 5 Authorised by the Chief Parliamentary Counsel 9 New section 74AA inserted in Crimes Act 1958 After section 74 of the Crimes Act 1958 insert— "74AA Theft of firearm (1) A person must not steal a firearm. Penalty: 1800 penalty units or 15 years imprisonment. (2) For the purposes of subsection (1)— firearm has the same meaning as in section 3(1) of the Firearms Act 1996.". 10 Repeal of amending Act This Act is repealed on 1 June 2017. 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). ═══════════════ -- 6 of 7 -- Endnotes Firearms Amendment (Trafficking and Other Measures) Act 2015 No. 44 of 2015 6 Authorised by the Chief Parliamentary Counsel 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: 19 August 2015 Legislative Council: 3 September 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Firearms Act 1996 to lower the number of unregistered firearms that is a traffickable quantity, provide higher penalties for the unlawful manufacturing of firearms and clarify the circumstances under which certain persons are taken to be in possession of a firearm, to amend the Crimes Act 1958 to create a new offence of theft of a firearm and for other purposes." -- 7 of 7 --