Firearms and Other Acts Amendment Act 2010
i
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2—AMENDMENT OF FIREARMS ACT 1996 4
3 Definitions 4
4 New section 8A inserted 6
8A Proof of registration of firearm 6
5 Conditions applying to handgun licences 6
6 General discretion of Chief Commissioner to refuse longarm
or handgun licence 8
7 General discretion of Chief Commissioner to refuse junior
licence 9
8 General discretion of Chief Commissioner to refuse firearms
collectors licence 9
9 General discretion of Chief Commissioner to refuse a firearms
heirlooms licence 9
10 General discretion of Chief Commissioner to refuse a firearms
ammunition collectors licence 9
11 Information which is required for an application for a licence 9
12 General discretion of Chief Commissioner to refuse to renew
a licence or to alter or vary the conditions of a licence 10
13 Variation of licence for failure to comply with participation
condition 10
14 New section 43B inserted 11
43B Review of decision as to period of variation 11
15 New section 46A inserted 11
46A Cancellation of licence held by non-resident 11
16 New sections 49A and 49B inserted 12
49A Restrictions on application for licence following
cancellation 12
49B Review of decision as to period of disqualification 13
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Section Page
ii
17 New section 54AA inserted 13
54AA Health service workers who are exempt from this
Part 13
18 New section 57B inserted 15
57B Permits to assist in emergency or natural disaster 15
19 Requirement to keep register of transactions 17
20 Permits for theatrical armourers 17
21 Keeping of register 17
22 Approved handgun target shooting clubs—reporting
requirements 17
23 Section 134C substituted 18
134C Offence to possess a firearm with no serial number 18
24 Notification of change of certain details 19
25 New sections 215 and 216 inserted 19
215 Transitional provision—Firearms and Other Acts
Amendment Act 2010—interstate licence holders 19
216 Transitional provision—Firearms and Other Acts
Amendment Act 2010—imitation firearms 19
PART 3—AMENDMENT OF CONTROL OF WEAPONS
ACT 1990 21
26 Definitions 21
27 Application and construction of Act 22
28 New section 7A inserted 22
7A Exemption of health service workers 22
PART 4—AMENDMENT OF GRAFFITI PREVENTION
ACT 2007 AND TRANSPORT (COMPLIANCE AND
MISCELLANEOUS) ACT 1983 26
29 Amendment of section 3 of the Graffiti Prevention Act 2007 26
30 New section 17A inserted in Graffiti Prevention Act 2007 26
17A Seizure of graffiti implement 26
31 Amendment of section 18 of the Graffiti Prevention Act 2007 28
32 Amendment of section 24 of the Graffiti Prevention Act 2007 28
33 Amendment of section 25 of the Graffiti Prevention Act 2007 28
34 Amendment of Transport (Compliance and Miscellaneous)
Act 1983 29
PART 5—AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998 30
35 Amendment of Schedule 2 to the Liquor Control Reform
Act 1998 30
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iii
PART 6—REPEAL OF AMENDING ACT 31
36 Repeal of amending Act 31
═══════════════
ENDNOTES 32
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1
Firearms and Other Acts Amendment
Act 2010 †
No. 52 of 2010
[Assented to 7 September 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Firearms Act 1996 to—
(i) remove imitation firearms from the
definition of a firearm for the purposes
of that Act;
Victoria
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2
(ii) provide that evidence that a firearm has
no serial number or has a serial number
which is illegible is, in the absence of
evidence to the contrary, proof that the
firearm is unregistered;
(iii) exempt health service workers from the
requirement to hold firearms licences in
respect of firearms handled by those
workers in the course of their
employment with a health service;
(iv) make other amendments to that Act in
relation to the licensing of firearms;
(b) to amend the Control of Weapons Act 1990
to—
(i) include imitation firearms within the
definition of prohibited weapons;
(ii) exempt health service workers from
any liability in respect of controlled
weapons handled by those workers in
the course of their employment with a
health service;
(c) to amend the Graffiti Prevention Act 2007
to—
(i) permit an authorised transport officer to
seize graffiti implements that the
officer believes have been, or will be,
used to commit an offence;
(ii) permit Councils to remove graffiti from
private property without giving notice
or obtaining permission from the owner
or occupier where notice has been
given and permission obtained
previously;
s. 1
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3
(d) to amend the Transport (Compliance and
Miscellaneous) Act 1983 to make
amendments consequential to the changes to
the Graffiti Prevention Act 2007 referred to
in paragraph (c)(i);
(e) to amend the Liquor Control Reform Act
1998 to include disorderly conduct under
section 17A of the Summary Offences Act
1966 as an offence for the purposes of
banning notices and exclusion orders.
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 July 2011, it comes into
operation on that day.
__________________
s. 2
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Part 2—Amendment of Firearms Act 1996
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
4
PART 2—AMENDMENT OF FIREARMS ACT 1996
3 Definitions
(1) In section 3(1) of the Firearms Act 1996—
(a) for the definition of approved handgun
target shooting match substitute—
"approved handgun target shooting match
means—
(a) a competitive target shooting
match approved by the Chief
Commissioner that is conducted
by an approved handgun target
shooting club at an approved
shooting range; or
(b) a handgun target shooting match
conducted in another State or a
Territory that is recognised by the
Chief Commissioner under
section 16(12)(a) to be an
approved handgun target shooting
match;";
(b) insert the following definitions—
"serial number, of a firearm, means a
number that enables the firearm to be
individually identified that has been—
(a) assigned to the firearm by its
manufacturer; or
(b) stamped or otherwise affixed to
the firearm in accordance with
section 119A or 119B;
s. 3
See:
Act No.
66/1996.
Reprint No. 5
as at
1 September
2008
and
amending
Act Nos
12/2008,
34/2008,
52/2008,
68/2008,
25/2009,
55/2009,
69/2009 and
13/2010.
LawToday:
www.
legislation.
vic.gov.au
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No. 52 of 2010
5
work purposes in Victoria, in relation to the
requirement to hold a firearm licence,
means that the applicant or the holder
of the licence, as the case may be—
(a) is required under a contract of
employment or a contract for
services to hold a Victorian
firearm licence; or
(b) in the normal course of
conducting a business is required
to hold a Victorian firearm
licence.";
(c) in the definition of firearm—
(i) for "in parts and whether or not
operable or complete or temporarily or
permanently inoperable or
incomplete—" substitute "in parts—";
(ii) in paragraph (a), for "mechanical
means; or" substitute "mechanical
means; and";
(iii) for paragraph (b) substitute—
"(b) whether or not operable or
complete or temporarily or
permanently inoperable or
incomplete—";
(d) in the definition of vehicle for "vessel."
substitute "vessel;".
(2) Section 3(2) of the Firearms Act 1996 is
repealed.
s. 3
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4 New section 8A inserted
After section 8 of the Firearms Act 1996
insert—
"8A Proof of registration of firearm
In any proceedings for an offence under this
Act, evidence that—
(a) a firearm does not have a serial
number; or
(b) the serial number of a firearm has been
erased, defaced or altered; or
(c) the serial number of a firearm is
illegible—
is admissible to establish that the firearm is
not registered and, in the absence of
evidence to the contrary, is proof of that
fact.".
5 Conditions applying to handgun licences
(1) For section 16(8) of the Firearms Act 1996
substitute—
"(8) For the purposes of this section, a handgun
target shoot must be—
(a) a handgun target shoot that is—
(i) conducted for the purposes of
preparation for participation in an
approved handgun target shooting
match; and
(ii) organised by an approved
handgun target shooting club; and
(iii) conducted on an approved
shooting range; or
s. 4
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7
(b) a handgun target shoot conducted in
another State or a Territory that is
recognised by the Chief Commissioner
under subsection (12)(b) as complying
with paragraph (a).".
(2) After section 16(11) of the Firearms Act 1996
insert—
"(12) The Chief Commissioner may recognise—
(a) a handgun target shooting match
conducted in another State or a
Territory to be an approved handgun
target shooting match; or
(b) a handgun target shoot conducted in
another State or a Territory to be a
handgun target shoot that complies with
subsection (8)(a).
(13) The participation by a person in a handgun
target shooting match conducted in another
State or a Territory that the Chief
Commissioner has recognised under
subsection (12)(a) does not count as
participation in an approved handgun target
shooting match for the purposes of this
section and section 123C(1)(c) unless the
Chief Commissioner is satisfied that the
person participated in that handgun target
shooting match.
(14) The participation by a person in a handgun
target shoot conducted in another State or a
Territory that the Chief Commissioner has
recognised under subsection (12)(b) does not
count as participation in a handgun target
shoot for the purposes of this section unless
the Chief Commissioner is satisfied that the
person participated in that handgun target
shoot.
s. 5
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8
(15) A person who participates in a handgun
target shooting match or a handgun target
shoot conducted in another State or a
Territory must provide evidence of the
participation and details of each weapon
used to the approved handgun target
shooting club of which the person is a
member or, if the person is a member of
more than one such club, the club which has
been nominated by the person as his or her
principal club.
Note
Under section 123C a handgun target shooting club
must report to the Chief Commissioner the
participation by its members in any handgun target
shooting matches or handgun target shoots conducted
in another State or a Territory.
(16) The Chief Commissioner may, at any time
before deciding whether or not a person has
participated in a handgun target shooting
match or a handgun target shoot conducted
in another State or a Territory, require the
person to produce evidence of that
participation.".
6 General discretion of Chief Commissioner to refuse
longarm or handgun licence
After section 17(a) of the Firearms Act 1996
insert—
"(ab) if the applicant is not ordinarily resident in
Victoria unless—
(i) the Chief Commissioner is satisfied that
the applicant requires the licence for
work purposes in Victoria; and
(ii) the applicant is not a person to whom
section 185(2A) or (2B) applies; or".
s. 6
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9
7 General discretion of Chief Commissioner to refuse
junior licence
After section 20(a) of the Firearms Act 1996
insert—
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
8 General discretion of Chief Commissioner to refuse
firearms collectors licence
After section 23(a) of the Firearms Act 1996
insert—
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
9 General discretion of Chief Commissioner to refuse
a firearms heirlooms licence
After section 27(a) of the Firearms Act 1996
insert—
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
10 General discretion of Chief Commissioner to refuse
a firearms ammunition collectors licence
After section 29(a) of the Firearms Act 1996
insert—
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
11 Information which is required for an application for
a licence
After section 32(1) of the Firearms Act 1996
insert—
"(1A) If a person who is not ordinarily resident in
Victoria applies for a longarm or handgun
licence on the basis that the licence is
required for work purposes in Victoria, the
Chief Commissioner may require the person
s. 7
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10
to provide evidence that the work purposes
are genuine and that they require the person
to hold a Victorian firearm licence.".
12 General discretion of Chief Commissioner to refuse
to renew a licence or to alter or vary the conditions
of a licence
After section 42(2)(b) of the Firearms Act 1996
insert—
"(ba) if the applicant is not ordinarily resident in
Victoria unless—
(i) the Chief Commissioner is satisfied that
the applicant requires the licence for
work purposes in Victoria; and
(ii) the applicant is not a person to whom
section 185(2A) or (2B) applies; or".
13 Variation of licence for failure to comply with
participation condition
(1) In section 43A(1) of the Firearms Act 1996 omit
"for the period specified in the variation by the
Chief Commissioner, or, if no period is specified,
the period of 12 months".
(2) After section 43A(1) of the Firearms Act 1996
insert—
"(1A) The variation of a condition by the Chief
Commissioner under subsection (1) remains
in force—
(a) in the case of a first variation of
condition, for a period of 3 months
from the date on which the variation is
made; or
s. 12
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11
(b) in the case of a second or subsequent
variation—
(i) for the period specified by the
Chief Commissioner in the
variation, which must be not less
than 3 months and not more than
12 months from the date on which
the variation is made; or
(ii) if the Chief Commissioner does
not specify a period in the
variation, for a period of
12 months from the date on which
the variation is made.".
14 New section 43B inserted
After section 43A of the Firearms Act 1996
insert—
"43B Review of decision as to period of
variation
A person may apply to the Committee for a
review of a decision of the Chief
Commissioner as to the period of time
specified by the Chief Commissioner under
section 43A(1A)(b)(i).".
15 New section 46A inserted
After section 46 of the Firearms Act 1996
insert—
"46A Cancellation of licence held by
non-resident
(1) If the Chief Commissioner is satisfied that
the holder of a licence under this Part is not
ordinarily resident in Victoria and does not
require the licence for work purposes in
Victoria, the Chief Commissioner must
cancel the licence.
s. 14
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12
(2) The Chief Commissioner must give written
notification to the holder of the licence of the
cancellation of the licence.
(3) Subject to subsection (4), the holder of the
licence may apply to the Committee for a
review of the decision of the Chief
Commissioner to cancel the licence.
(4) An application to the Committee under
subsection (3) may only be made on the
ground that the holder of the licence that has
been cancelled is ordinarily resident in
Victoria or that the holder of the licence
requires the licence for work purposes in
Victoria.".
16 New sections 49A and 49B inserted
After section 49 of the Firearms Act 1996
insert—
"49A Restrictions on application for licence
following cancellation
(1) This section applies if the Chief
Commissioner cancels a licence under
section 49.
(2) The Chief Commissioner may specify a
period of time (not being more than
12 months after the date of cancellation)
within which the person who held the licence
is not entitled to apply for such a licence.
(3) If the Chief Commissioner does not specify a
period, the person who held the licence is not
entitled to apply for such a licence for a
period of 12 months after the date of
cancellation.
(4) If the person who held the licence applies for
the same category of licence, the application
is taken to be an application for a new
s. 16
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13
licence and not for the renewal of the licence
that was cancelled.
49B Review of decision as to period of
disqualification
A person whose licence has been cancelled
under section 49 may apply to the
Committee for a review of a decision of the
Chief Commissioner under section 49A(2)
specifying the period of time within which
the person is not entitled to apply for such a
licence.".
17 New section 54AA inserted
After section 54 of the Firearms Act 1996
insert—
"54AA Health service workers who are exempt
from this Part
(1) A health professional or health service
security guard who is not a prohibited person
and who possesses or carries a firearm in a
health service facility in the circumstances
set out in subsection (3) does not commit an
offence against section 6, 6A, 7, 7A or 7B
for so doing and is not required to hold a
licence under this Part.
(2) An ambulance officer who is not a prohibited
person and who possesses or carries a
firearm in a health service facility or public
place in the circumstances set out in
subsection (3) does not commit an offence
against section 6, 6A, 7, 7A, 7B or 130(1) for
so doing and is not required to hold a licence
under this Part.
(3) For the purposes of subsections (1) and (2),
the circumstances are that the health
professional, health service security guard or
ambulance worker—
s. 17
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14
(a) is carrying out his or her duties as a
health professional, health service
security guard or ambulance worker, as
the case may be; and
(b) either—
(i) is given the firearm by a patient;
or
(ii) removes the firearm from a
patient; or
(iii) finds the firearm in the vicinity of
the patient; or
(iv) is given the firearm by a health
professional or ambulance worker
who has taken possession of the
firearm in the circumstances set
out in this subsection.
(4) A health professional, health security guard
or ambulance worker who takes possession
of a firearm in the circumstances set out in
subsection (3) must notify a member of the
police force as soon as practicable after
having taken possession of the firearm.
(5) The possession or carriage of a firearm by a
health security guard in a health services
facility in the circumstances set out in
subsection (3) does not affect the operation
of any licence held by the health security
guard under this Part as a requirement of his
or her work or contravene any conditions to
which the licence is subject.
(6) In this section—
ambulance worker means an operational
staff member of the ambulance services
as defined in the Ambulance Services
Act 1986;
s. 17
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15
health professional means—
(a) a registered medical practitioner;
(b) a nurse or midwife;
(c) a registered psychologist;
health security guard means a security
guard licensed under the Private
Security Act 2004 when working in a
health service facility as a contractor or
an employee;
health service facility means—
(a) a day procedure centre; or
(b) a denominational hospital; or
(c) a multi purpose service; or
(d) a private hospital; or
(e) a public health service; or
(f) a public hospital—
as defined in the Health Services Act
1988.".
18 New section 57B inserted
After section 57A of the Firearms Act 1996
insert—
"57B Permits to assist in emergency or natural
disaster
(1) The Chief Commissioner may grant to a
person a permit to possess, carry or use a
category of firearm if—
(a) the person holds a licence or permit to
possess, carry or use that category of
firearm issued in another State or a
Territory that is the equivalent of a
licence or permit issued under this Part;
or
s. 18
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(b) the person is exempt under the laws of
another State or a Territory from the
requirement to hold a licence for that
category of firearm.
(2) The Chief Commissioner must not grant a
permit under subsection (1) unless the Chief
Commissioner is satisfied that it is necessary
to do so to assist in an emergency or a
natural disaster.
(3) A permit under this section remains in force
for the period specified by the Chief
Commissioner in the permit, which must not
be more than 3 months.
(4) Subject to subsection (3), the Chief
Commissioner may impose any conditions
on the permit that the Chief Commissioner
thinks fit.
(5) The conditions that the Chief Commissioner
may impose on a permit granted under this
section may include conditions for or with
respect to—
(a) the carriage and storage of firearms
under the permit; and
(b) the circumstances in which the Chief
Commissioner may cancel, suspend or
vary the permit and any other matters
related to cancellation, suspension or
variation.
(6) The holder of permit under this section does
not commit an offence under section 6 or 7
when acting under and in accordance with
the permit.
s. 18
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17
(7) The holder of permit must comply with the
permit.
Penalty: 60 penalty units or 12 months
imprisonment.".
19 Requirement to keep register of transactions
In section 87(2) of the Firearms Act 1996—
(a) in paragraph (a)(ii), for "and serial number"
substitute ", serial number and, where
known or available, model";
(b) in paragraph (b)(iii), for "and serial number"
substitute ", serial number and, where
known or available, model";
(c) in paragraph (c)(iii), for "and serial number"
substitute ", serial number and, where
known or available, model";
(d) in paragraph (d)(ii), for "and serial number"
substitute ", serial number and, where
known or available, model".
20 Permits for theatrical armourers
In section 92A(4)(a)(ii) of the Firearms Act 1996
omit "an imitation handgun or".
21 Keeping of register
In section 113(3)(a) of the Firearms Act 1996 for
"and serial number" substitute ", serial number
and, where known or available, model".
22 Approved handgun target shooting clubs—
reporting requirements
(1) In section 123C(1)(c)(iv) of the Firearms Act
1996 for "shoot." substitute "shoot; and".
s. 19
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(2) After section 123C(1)(c)(iv) of the Firearms Act
1996 insert—
"(v) each handgun target shooting match and
each handgun target shoot conducted in
another State or a Territory that that member
competed in and details of each handgun
used by that member at each such match and
shoot.".
23 Section 134C substituted
For section 134C of the Firearms Act 1996
substitute—
"134C Offence to possess a firearm with no serial
number
(1) A person must not, without reasonable
excuse, possess a firearm on which there is
no serial number.
Penalty: 240 penalty units or 4 years
imprisonment.
(2) In any proceeding against a person for an
offence under this section, it is not necessary
for the prosecution to prove that the person
knew, was aware, believed or suspected that
there was no serial number on the firearm.
(3) In any proceeding for an offence under this
section, it is a defence if the person charged
had reasonable grounds for believing that
there was a serial number on the firearm.
(4) To avoid doubt, a firearm in which the serial
number has been erased or removed is a
firearm on which there is no serial number.".
s. 23
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19
24 Notification of change of certain details
After section 139(c) of the Firearms Act 1996
insert—
"(ca) the holder's ordinary place of residence;
and".
25 New sections 215 and 216 inserted
After section 214 of the Firearms Act 1996
insert—
"215 Transitional provision—Firearms and
Other Acts Amendment Act 2010—
interstate licence holders
(1) This section applies if, immediately before
the commencement of section 15 of the
Firearms and Other Acts Amendment Act
2010, a person holds a licence under Part 2
and the person's ordinary place of residence
is not in Victoria.
(2) Despite section 46A, until the expiry of the
licence, the person is not disqualified from
holding the licence merely because the
person's ordinary place of residence is not
Victoria.
216 Transitional provision—Firearms and
Other Acts Amendment Act 2010—
imitation firearms
(1) If, before the commencement of section
(3)(1)(c) of the Firearms and Other Acts
Amendment Act 2010, a licence was issued
under Part 2 in respect of an imitation
firearm and that licence is in force
immediately before that commencement—
(a) the licence remains in force after the
commencement until the date the
licence would otherwise have expired;
and
s. 24
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20
(b) while the licence remains in force and
when acting in accordance with the
licence, the holder of the licence is not
liable for an offence under section 5 of
the Control of Weapons Act 1990 in
respect of the weapon.
(2) In this section, imitation firearm has the
same meaning as in section 3(1) of the
Control of Weapons Act 1990.".
__________________
s. 25
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Part 3—Amendment of Control of Weapons Act 1990
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
21
PART 3—AMENDMENT OF CONTROL OF WEAPONS
ACT 1990
26 Definitions
In section 3(1) of the Control of Weapons Act
1990—
(a) insert the following definitions—
"firearm has the same meaning as it has in
section 3(1) of the Firearms Act 1996;
imitation firearm means a device—
(a) the appearance of which could
reasonably be mistaken for that of
an operable firearm; but
(b) which is not designed or adapted
to discharge shot or a bullet or
other missile by the expansion of
gases produced in the device by
the ignition of strongly
combustible materials or by
compressed air or other gases,
whether stored in the device in
pressurised containers or produced
in the device by mechanical
means and is not capable of being
made to do so;
midwife means a person registered under the
Health Practitioner Regulation National
Law—
(a) to practise in the nursing and
midwifery profession as a midwife
(other than as a student); and
(b) in the register of midwives kept
for that profession;
s. 26
See:
Act No.
24/1990.
Reprint No. 4
as at
8 November
2007
and
amending
Act Nos
55/2009,
59/2009,
68/2009 and
92/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 24 of 35 --
Part 3—Amendment of Control of Weapons Act 1990
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
22
nurse means a person registered under the
Health Practitioner Regulation National
Law to practise in the nursing and
midwifery profession as a nurse (other
than as a midwife or as a student);
registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);
registered psychologist means a person
registered under the Health Practitioner
Regulation National Law to practise in
the psychology profession (other than
as a student).";
(b) in paragraph (a) of the definition of body
armour omit "within the meaning of
section 3(1) of the Firearms Act 1996";
(c) in the definition of prohibited weapon, after
"means" insert "an imitation firearm or".
27 Application and construction of Act
In section 4(1) of the Control of Weapons Act
1990 omit "within the meaning of section 3(1) of
the Firearms Act 1958".
28 New section 7A inserted
After section 7 of the Control of Weapons Act
1990 insert—
"7A Exemption of health service workers
(1) A health professional or health service
security guard who is not a prohibited person
and who possesses or carries a prohibited
weapon, a controlled weapon or a dangerous
article in a health service facility in the
circumstances set out in subsection (3) does
s. 27
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Part 3—Amendment of Control of Weapons Act 1990
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
23
not commit an offence against section 5, 6
or 7 for so doing.
(2) An ambulance officer who is not a prohibited
person and who possesses or carries a
prohibited weapon, a controlled weapon or a
dangerous article in a health service facility
or public place in the circumstances set out
in subsection (3) does not commit an offence
against section 5, 6 or 7 for so doing.
(3) For the purposes of subsections (1) and (2),
the circumstances are that the health
professional, health service security guard or
ambulance worker—
(a) is carrying out his or her duties as a
health professional, health service
security guard or ambulance worker, as
the case may be; and
(b) either—
(i) is given the prohibited weapon,
controlled weapon or dangerous
article by a patient; or
(ii) removes the prohibited weapon,
controlled weapon or dangerous
article from a patient; or
(iii) finds the prohibited weapon,
controlled weapon or dangerous
article in the vicinity of the
patient; or
(iv) is given the prohibited weapon,
controlled weapon or dangerous
article by a health professional or
ambulance worker who has taken
possession of the weapon or
article in the circumstances set out
in this subsection.
s. 28
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Part 3—Amendment of Control of Weapons Act 1990
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
24
(4) A health professional, health security guard
or ambulance worker who takes possession
of a firearm in the circumstances set out in
subsection (3) must notify a member of the
police force as soon as practicable after
having taken possession of the prohibited
weapon, controlled weapon or dangerous
article.
(5) In this section—
ambulance worker means an operational
staff member of the ambulance services
as defined in the Ambulance Services
Act 1986;
health professional means—
(a) a registered medical practitioner;
or
(b) a nurse or midwife; or
(c) a registered psychologist;
health security guard means a security
guard licensed under the Private
Security Act 2004 when working in a
health service facility as a contractor or
an employee;
health service facility means—
(a) a day procedure centre; or
(b) a denominational hospital; or
(c) a multi purpose service; or
(d) a private hospital; or
(e) a public health service; or
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Part 3—Amendment of Control of Weapons Act 1990
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
25
(f) a public hospital—
as defined in the Health Services Act
1988.".
__________________
s. 28
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Part 4—Amendment of Graffiti Prevention Act 2007 and Transport
(Compliance and Miscellaneous) Act 1983
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
26
PART 4—AMENDMENT OF GRAFFITI PREVENTION ACT
2007 AND TRANSPORT (COMPLIANCE AND
MISCELLANEOUS) ACT 1983
29 Amendment of section 3 of the Graffiti Prevention
Act 2007
In section 3 of the Graffiti Prevention Act 2007
insert the following definition—
"graffiti offence means—
(a) an offence against this Act; or
(b) an offence against regulation 27, 27A
or 48 of the Transport (Conduct)
Regulations 2005;".
30 New section 17A inserted in Graffiti Prevention
Act 2007
After section 17 of the Graffiti Prevention Act
2007 insert—
"17A Seizure of graffiti implement
(1) An authorised transport officer may seize
from a person a graffiti implement, using
reasonable force if necessary, if the
authorised transport officer believes on
reasonable grounds that the graffiti
implement has been, or will be, used to
commit a graffiti offence.
(2) Despite subsection (1), an authorised
transport officer must not seize a graffiti
implement under that subsection unless—
(a) the authorised transport officer—
(i) has complied with the
requirements of section 218B of
the Transport (Compliance and
Miscellaneous) Act 1983; and
See:
Act No.
59/2007
and
amending
Act No.
6/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 29
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Part 4—Amendment of Graffiti Prevention Act 2007 and Transport
(Compliance and Miscellaneous) Act 1983
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
27
(ii) informed the person in possession
of the graffiti implement of the
grounds for his or her belief that
the graffiti implement has been, or
will be, used to commit a graffiti
offence; and
(iii) asked the person to hand over the
graffiti implement; and
(iv) informed the person that the
authorised transport officer has the
power under this Act to seize the
graffiti implement in these
circumstances; and
(b) the graffiti implement is fully or
partially visible immediately before it is
seized.
(3) If the person voluntarily hands over the
graffiti implement, the graffiti implement is
taken to have been seized under this section.
(4) Nothing in this section authorises an
authorised transport officer to search a
person or to seize anything that is not fully or
partially visible immediately before it is
seized.
(5) In this section, authorised transport officer
means a person authorised by the Director of
Public Transport under section 221A or
221AB of the Transport (Compliance and
Miscellaneous) Act 1983.".
s. 30
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Part 4—Amendment of Graffiti Prevention Act 2007 and Transport
(Compliance and Miscellaneous) Act 1983
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
28
31 Amendment of section 18 of the Graffiti Prevention
Act 2007
After section 18(3) of the Graffiti Prevention
Act 2007 insert—
"(3A) Within 12 months after a Council has taken
action under subsection (3) to remove or
obliterate graffiti on private property and
subject to subsection (3B), the Council may
take further action to remove or obliterate
graffiti subsequently marked on the property
without giving notice to, or obtaining the
consent of, the owner or occupier.
(3B) A Council may not take further action under
subsection (3A) to remove or obliterate
graffiti marked on a property if the Council
has received from the owner or occupier of
the property an objection to the further action
being taken.".
32 Amendment of section 24 of the Graffiti Prevention
Act 2007
In section 24(1) of the Graffiti Prevention Act
2007 for "an offence against this Act" (wherever
occurring) substitute "a graffiti offence".
33 Amendment of section 25 of the Graffiti Prevention
Act 2007
For section 25(2) of the Graffiti Prevention Act
2007 substitute—
"(2) If a seized article, thing or material is
required under subsection (1) to be returned
to the person from whom it was seized,
notice must be given to that person of his or
her right to have it returned.
s. 31
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Part 4—Amendment of Graffiti Prevention Act 2007 and Transport
(Compliance and Miscellaneous) Act 1983
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
29
(2A) For the purposes of subsection (2), the notice
must be given—
(a) if the article, thing or material was
seized under section 17A by an
authorised transport officer and has not
been handed over to a member of the
police force, by the person in the
Department of Transport or the
passenger transport or bus company, as
the case may be, who is responsible for
the custody of the article, thing or
material; or
(b) otherwise, by the member of the police
force in charge of the police station at
which the seized article, thing or
material is kept.".
34 Amendment of Transport (Compliance and
Miscellaneous) Act 1983
(1) In section 218B(2) of the Transport
(Compliance and Miscellaneous) Act 1983 after
"regulations" insert "or against the Graffiti
Prevention Act 2007".
(2) In section 219(1) of the Transport (Compliance
and Miscellaneous) Act 1983 for "any regulation
made under this Act" substitute "the regulations
or against the Graffiti Prevention Act 2007".
__________________
See:
Act No.
9921.
Reprint No. 14
as at
31 July 2009
and
amending
Act Nos
71/2006,
13/2009,
45/2009,
68/2009,
69/2009,
91/2009,
93/2009,
6/2010,
16/2010 and
19/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 34
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Part 5—Amendment of Liquor Control Reform Act 1998
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
30
PART 5—AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998
35 Amendment of Schedule 2 to the Liquor Control
Reform Act 1998
In Schedule 2 to the Liquor Control Reform Act
1998 after item 5 insert—
"5A Disorderly conduct
An offence against section 17A of the
Summary Offences Act 1966.".
__________________
See:
Act No.
94/1998.
Reprint No. 5
as at
1 April 2010
and
amending
Act Nos
9/2008,
88/2009,
13/2010 and
18/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 35
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Part 6—Repeal of Amending Act
Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
31
PART 6—REPEAL OF AMENDING ACT
36 Repeal of amending Act
This Act is repealed on 1 December 2011.
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).
═══════════════
s. 36
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Firearms and Other Acts Amendment Act 2010
No. 52 of 2010
32
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 24 June 2010
Legislative Council: 29 July 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Firearms Act 1996, the Control of Weapons Act 1990, the Graffiti
Prevention Act 2007, the Transport Act 1983 and the Liquor Control
Reform Act 1998 and for other purposes."
Endnotes
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