Firearms Amendment Act 2007
Firearms Amendment Act 2007
No. 50 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF FIREARMS ACT 1996 3
3 Definitions 3
4 New section 3A inserted 5
3A Declarations by the Chief Commissioner for the
purposes of certain definitions 5
5 Reasons for applying for longarm licence, category A or B 7
6 Issue of handgun licences for general category handguns 7
7 Conditions applying to handgun licences 8
8 General discretion of Chief Commissioner to refuse a longarm
or handgun licence 9
9 Issue of category 1 firearms collectors licences 9
10 Issue of category 2 firearms collectors licences 10
11 Issue of antique handgun collectors licences 10
12 New section 32A inserted 11
32A Chief Commissioner may refuse to make a decision
on an application for a licence 11
13 New sections 33A, 33B and 33C inserted 11
33A Notice that licence may be refused 11
33B Further consideration of application and convening
of hearing 12
33C Refusal of licence 13
14 Duration of licences 13
15 Immediate cancellation of a licence 14
16 New section 47A inserted 14
47A Suspension of licence—certain prohibited persons 14
17 Power of Chief Commissioner to cancel licence under this
Part 14
18 New section 52AA inserted 15
52AA Chief Commissioner to notify approved handgun
target shooting club or employer of certain events 15
i
-- 1 of 46 --
Section Page
19 Surrender of handguns where certain conditions of category 1
or category 2 firearms collectors licence not complied with 16
20 Disclosure of information 17
21 Permits to display firearms or ammunition collections 18
22 New section 56A inserted 18
56A Permits to display firearms or ammunition
collections—Approved firearms collectors clubs 18
23 Permits to carry or use firearms held under a collectors
licence 21
24 New section 58AAA inserted 21
58AAA Permits to carry or use firearms held under a
collectors licence—approved firearms collectors clubs 21
25 Requirement to keep register of transactions 23
26 Power to inspect register and stock 24
27 New section 100A inserted 24
100A Hiring and loaning of firearms by licensed firearms
dealers 24
28 Application for a permit to acquire 24
29 Keeping of register 25
30 Certificate of registration 25
31 Power of Chief Commissioner to require information 25
32 Approved handgun target shooting clubs—Record keeping
requirements 26
33 Approved handgun target shooting clubs—Requirements as
to members 26
34 Approved firearms collectors clubs—Requirements as to
members and former members 27
35 Offence to possess, carry or use a firearm on private property
without consent 27
36 Certain offences as to firearms, firearm parts, silencers and
prescribed items 28
37 Requirement to obtain consent of Chief Commissioner to
certain alterations of firearms 28
38 New section 134AB inserted 29
134AB Offence to possess or carry certain parts without the
consent of the Chief Commissioner 29
39 Section 139 substituted 29
139 Notification of change of certain details 29
40 Making false or misleading statements or using false or
misleading information 30
41 Search of persons or vehicles 30
42 Powers of court to order forfeiture of firearms, cartridge
ammunition, silencers or prescribed items 30
43 Power of court to make an order with respect to the disposal
of a firearm, cartridge ammunition, silencer or prescribed item 31
44 Authorised officers under the Conservation, Forests and
Lands Act 1987 to exercise powers under this Act 31
ii
-- 2 of 46 --
Section Page
45 Annual reports 31
46 New section 175 inserted 32
175 Service of notices 32
47 Deceased estates 32
48 Disclosure of information 33
49 Interstate licence holders—temporary visitors 33
50 Interstate licence holders—permanent residents 35
51 Indictable offences 35
52 Transitional provision—handgun security guard licence 35
53 New section 211 inserted 36
211 Transitional provisions—Firearms Amendment
Act 2007 36
54 Schedule 1 amended 38
55 Schedule 2 amended 38
3A Handgun licences for general category handguns—
operators of private security businesses 38
56 Schedule 4 amended 38
PART 3—AMENDMENT OF OTHER ACTS 40
57 Crimes Act 1958 40
58 Firearms (Further Amendment) Act 2005 40
59 Magistrates' Court Act 1989 41
PART 4—REPEAL OF AMENDING ACT 42
60 Repeal of Act 42
═══════════════
ENDNOTES 43
iii
-- 3 of 46 --
Victoria
Firearms Amendment Act 2007†
No. 50 of 2007
[Assented to 17 October 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Firearms Act 1996 to further
provide for various matters relating to the
regulation of firearms in Victoria,
including—
(i) licences under Part 2;
(ii) handgun target shooting and approved
handgun target shooting clubs;
1
-- 4 of 46 --
Part 1—Preliminary
Firearms Amendment Act 2007
No. 50 of 2007
s. 2
(iii) firearms and the private security
industry;
(iv) the storage of firearms;
(v) hunting on Crown land;
(vi) firearms collectors;
(vii) firearms dealers;
(viii) prohibited persons;
(ix) investigation, seizure and forfeiture of
firearms;
(x) recognition of certain interstate
firearms licences and permits;
(xi) regulation of imitation firearms; and
(b) to amend the Crimes Act 1958 to make
further provision regarding the use of
firearms in the commission of offences; and
(c) to amend the Magistrates' Court Act 1989
to enable certain indictable offences under
the Firearms Act 1996 to be heard and
determined summarily.
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 September 2008, it comes into
operation on that day.
__________________
2
-- 5 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 3
PART 2—AMENDMENT OF FIREARMS ACT 1996
3 Definitions
(1) In section 3(1) of the Firearms Act 1996— See:
Act No.
66/1996.
Reprint No. 4
as at
11 October
2006
and
amending
Act Nos
78/2005,
97/2005,
23/2006,
48/2006 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
(a) insert the following definitions—
"armed guard activity means the activity,
performed by a person acting as a
security guard, of protecting, watching
or guarding any property while being in
possession of a firearm;
cash-in-transit activity means the activity,
performed by a person acting as a
security guard, of collecting,
transferring or delivering cash or other
valuables;
private security business means a business
that is carried on by the holder of a
private security business licence under
Part 3 of the Private Security Act
2004;";
(b) for the definition of antique handgun
substitute—
"antique handgun means a handgun—
(a) that was manufactured before
1 January 1900; and
(b) that uses percussion as a means of
ignition; and
(c) that does not take commercially
available cartridge ammunition;";
3
-- 6 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 3
(c) after paragraph (e) of the definition of
category D longarm insert—
"(f) any other firearm that is declared under
section 3A(1) to be a category D
longarm;";
(d) after paragraph (b) of the definition of
category E handgun insert—
"(c) any other firearm that is declared under
section 3A(1) to be a category E
handgun;";
(e) after paragraph (e) of the definition of
category E longarm insert—
"(f) any other firearm that is declared under
section 3A(1) to be a category E
longarm;";
(f) in paragraph (c) of the definition of firearm,
after "gunpowder" insert "or compressed air
or other gases";
(g) in the definition of prohibited person—
(i) in paragraph (a)(iii), for "—" substitute
"; or"; and
(ii) after paragraph (a)(iii) insert—
"(iiia) an offence under the Control of
Weapons Act 1990—".
(2) In section 3(2) of the Firearms Act 1996, for
"which has the appearance of a longarm but"
substitute "the appearance of which could not
reasonably be mistaken for that of an operable
longarm or handgun and".
4
-- 7 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 4
(3) For section 3(4)(b) of the Firearms Act 1996
substitute—
"(b) the firearm—
(i) is not a handgun of a type that uses
percussion, or methods developed
during or after the development of
percussion, as a means of ignition; or
(ii) is a single shot antique handgun.".
4 New section 3A inserted
After section 3 of the Firearms Act 1996
insert—
"3A Declarations by the Chief Commissioner
for the purposes of certain definitions
(1) The Chief Commissioner may, for the
purposes of—
(a) paragraph (f) of the definition of
category D longarm; or
(b) paragraph (c) of the definition of
category E handgun; or
(c) paragraph (f) of the definition of
category E longarm—
in consultation with the Minister, by
instrument, declare a firearm or type of
firearm to be a category D longarm, a
category E handgun or a category E longarm
(as the case may be).
(2) The Chief Commissioner must cause a
declaration made under subsection (1) to be
published in the Government Gazette as soon
as practicable after the declaration is made.
5
-- 8 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 4
(3) A declaration under subsection (1) remains
in force for a period of 12 months from the
day on which it is published unless it is
revoked during that time by the Chief
Commissioner.
(4) The Chief Commissioner must notify each
person whom the Chief Commissioner is
aware is in possession of a firearm to which
a declaration under subsection (1) applies of
the declaration.
(5) The Chief Commissioner must not make a
declaration referred to in subsection (1) in
respect of the same type of firearm more
than once.
(6) If the Chief Commissioner makes a
declaration under subsection (1) declaring a
firearm or a type of firearm to be of a
particular category and there is in force a
regulation prescribing another category for
the firearm or type of firearm—
(a) the declaration has effect despite the
regulation; and
(b) the regulation is to be taken to have no
force or effect for so long as the
declaration is in force.
(7) In any proceeding for an offence under
section 6(4), 6(5) or 7(2) in respect of a
firearm that is declared to be a category D
longarm, a category E handgun or a
category E longarm, it is a defence to the
charge if the person has not been notified by
the Chief Commissioner of the declaration
under subsection (4).".
6
-- 9 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 5
5 Reasons for applying for longarm licence,
category A or B
In section 10(2) of the Firearms Act 1996—
(a) in paragraph (d)(i), after "Private Security
Act 2004" insert "that authorises him or her
to perform armed guard activities or cash-in-
transit activities";
(b) in paragraph (d)(ii), after "produce evidence
that" insert "the applicant has a genuine
need for the licence because".
6 Issue of handgun licences for general category
handguns
(1) In section 15(1) of the Firearms Act 1996—
(a) for "a general category handgun" substitute
"general category handguns";
(b) after paragraph (a) insert—
"(ab) for the carrying on of a private security
business that provides the services of
armed guard activities or cash-in-transit
activities;".
(2) In section 15(2) of the Firearms Act 1996—
(a) in paragraph (a)(i), after "Private Security
Act 2004" insert "that authorises the
applicant to perform armed guard activities
or cash-in-transit activities";
(b) in paragraph (a)(ii)—
(i) after "produce evidence that" insert
"the applicant has a genuine need for
the licence because";
(ii) for "handgun;" substitute "handgun;
and";
7
-- 10 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 7
(c) after paragraph (a)(ii) insert—
"(iii) in the case of a person who carries on a
private security business that provides
the services of armed guard activities or
cash-in-transit activities, produce
evidence that the applicant has a
genuine need for the licence because
the nature of the private security
business the person carries on is such as
to require the carriage and use of one or
more general category handguns;".
(3) In section 15(4)(a) of the Firearms Act 1996,
before "must not" insert "in the case of an
employee of a private security business,".
(4) After section 15(4)(a) of the Firearms Act 1996
insert—
"(ab) in the case of an operator of a private
security business, must not issue the licence
for more general category handguns than are,
in the opinion of the Chief Commissioner,
reasonably necessary for the operation of the
business; and".
7 Conditions applying to handgun licences
For section 16(5)(c) of the Firearms Act 1996
substitute—
"(c) for each specified class of handgun in which
the holder possesses, carries or uses
handguns in the whole or any part of the
calendar year, at least 4 of the following—
(i) handgun target shoots; or
(ii) approved handgun target shooting
matches; or
8
-- 11 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 8
(iii) a combination of handgun target shoots
and handgun target shooting matches—
for that class of handgun that take place on at
least 4 separate days; and".
8 General discretion of Chief Commissioner to refuse
a longarm or handgun licence
After section 17(c) of the Firearms Act 1996
insert—
"(ca) if—
(i) the applicant has surrendered a
handgun licence; and
(ii) the applicant has received
compensation for the surrender of a
handgun held under that licence; and
(iii) the applicant does not require the
licence for the reason set out in section
15(1)(a) or 15(1)(c)—
during a period of 5 years from the date of
the surrender of the licence; or".
9 Issue of category 1 firearms collectors licences
In section 21(1) of the Firearms Act 1996—
(a) in paragraph (b), for "—" substitute "; and";
(b) after paragraph (b) insert—
"(c) handguns that have been manufactured
before 1900, that use percussion as a
means of ignition and that take
cartridge ammunition that is
commercially available; and
(d) antique handguns (that are not single
shot antique handguns)—".
9
-- 12 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 10
10 Issue of category 2 firearms collectors licences
For section 21A(1) of the Firearms Act 1996
substitute—
"(1) The Chief Commissioner may licence a
person to possess or carry—
(a) longarms; and
(b) handguns that have been manufactured
on or after 1 January 1947; and
(c) handguns that have been manufactured
on or after 1 January 1900 but no later
than 31 December 1946; and
(d) handguns that have been manufactured
before 1900, that use percussion as a
means of ignition and that take
cartridge ammunition that is
commercially available; and
(e) antique handguns (that are not single
shot antique handguns)—
for the purpose of collecting any such
firearms.".
11 Issue of antique handgun collectors licences
(1) In section 21B(1) of the Firearms Act 1996, after
"antique handguns" insert "(that are not single
shot antique handguns)".
(2) In section 21B(2)(a) of the Firearms Act 1996
omit ", for at least 6 months,".
10
-- 13 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 12
12 New section 32A inserted
After section 32 of the Firearms Act 1996
insert—
"32A Chief Commissioner may refuse to make a
decision on an application for a licence
The Chief Commissioner may refuse to
make a decision on an application for a
licence under this Part if the applicant does
not comply with any requirement of the
Chief Commissioner under this Part in
relation to the application within a
reasonable time after the requirement being
made.".
13 New sections 33A, 33B and 33C inserted
After section 33 of the Firearms Act 1996
insert—
"33A Notice that licence may be refused
(1) If the Chief Commissioner is proposing not
to issue a licence under this Part for any
reason other than that set out in subsection
(2), the Chief Commissioner must, before
deciding not to issue the licence, serve on the
applicant a notice—
(a) specifying the reason why the Chief
Commissioner is proposing not to issue
the licence; and
(b) inviting the applicant to make a written
submission in accordance with
subsection (3).
(2) If the Chief Commissioner is proposing not
to issue a licence under this Part because he
or she is satisfied that the applicant, a close
associate of the applicant or, if the applicant
is a body corporate, the nominated person or
an officer of the body corporate, is a
11
-- 14 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 13
prohibited person, the Chief Commissioner
must serve on—
(a) the applicant; and
(b) any of the persons referred to in this
subsection who the Chief
Commissioner is satisfied is a
prohibited person—
a notice specifying the reason why the
licence is not to be issued.
(3) An applicant who has been served with a
notice under subsection (1) may, within
28 days after the day on which the applicant
is served with the notice, make a submission
to the Chief Commissioner concerning any
reason that is specified in the notice.
33B Further consideration of application and
convening of hearing
(1) After receiving a submission within the time
specified under section 33A(3), the Chief
Commissioner may—
(a) further consider the application; or
(b) after giving notice to the applicant,
convene a hearing to further consider
the application.
(2) An applicant may be represented at a hearing
by any person the applicant chooses, but is
not entitled to receive any costs in respect of
a hearing.
(3) The Chief Commissioner may arrange for an
electronic recording of a hearing to be made.
12
-- 15 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 14
(4) The Chief Commissioner—
(a) must retain any electronic recording of
a hearing for a period of no less than
3 months from the date of the hearing;
and
(b) may destroy the recording at the end of
the period under paragraph (a).
33C Refusal of licence
The Chief Commissioner must not make a
decision not to issue a licence under this Part
unless the Chief Commissioner has—
(a) considered any written submissions
made by the applicant within the time
specified in the notice under section
33A(1) for making such a submission;
and
(b) if a hearing is convened under section
33B, considered any oral submission
made by the applicant at the hearing, if
the applicant has indicated to the Chief
Commissioner within any time
specified in the notice under section
33B(1)(b) that he or she wishes to be
heard at such a hearing.".
14 Duration of licences
(1) In section 39(1) of the Firearms Act 1996, after
"that is specified in the licence" insert "unless it is
sooner surrendered, suspended or cancelled".
(2) In section 39(2) of the Firearms Act 1996, after
"that is specified in the licence" insert "unless it is
sooner surrendered, suspended or cancelled".
(3) In section 39(3) of the Firearms Act 1996, after
"(whichever is earlier)" insert "unless it is sooner
surrendered, suspended or cancelled".
13
-- 16 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 15
15 Immediate cancellation of a licence
In section 46(1) of the Firearms Act 1996, after
"is a prohibited person" insert "(other than for the
reason referred to in paragraph (c)(i) of the
definition of prohibited person)".
16 New section 47A inserted
After section 47 of the Firearms Act 1996
insert—
"47A Suspension of licence—certain prohibited
persons
(1) Immediately on becoming aware that the
holder of a licence under this Part is a
prohibited person for the reason referred to
in paragraph (c)(i) of the definition of
prohibited person, the Chief Commissioner
must suspend the holder's licence.
(2) If the holder of a licence that has been
suspended under subsection (1) makes an
application under section 189 within
3 months of the suspension, the suspension
remains in force until the outcome of the
application has been finally determined, or if
the Chief Commissioner must cancel the
licence under section 49(4), until the
cancellation takes effect.".
17 Power of Chief Commissioner to cancel licence
under this Part
After section 49(3) of the Firearms Act 1996
insert—
"(4) The Chief Commissioner must cancel a
licence that has been suspended under
section 47A(1) on the expiry of 3 months
after the suspension of the licence, unless the
holder of the licence makes an application
under section 189 for a declaration referred
14
-- 17 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 18
to in subsection (1)(c) or (1)(d) of that
section before the expiry of the 3 month
period.
(5) In the case of a person whose licence has
been suspended and who makes an
application under section 189, the Chief
Commissioner must cancel the licence
unless—
(a) the court makes a declaration referred
to in subsection (1)(c); or
(b) the court makes a declaration referred
to in subsection (1)(d) deeming the
holder of the licence to be a prohibited
person for limited purposes and the
purpose for which the person is deemed
not to be a prohibited person is the
purpose for which the licence is
issued.".
18 New section 52AA inserted
After section 52 of the Firearms Act 1996
insert—
"52AA Chief Commissioner to notify approved
handgun target shooting club or employer
of certain events
(1) If the Chief Commissioner cancels, suspends
or suspends and subsequently decides not to
cancel a licence under any of the following
sections, the Chief Commissioner must, as
soon as practicable after cancelling,
suspending or deciding not to cancel a
licence, give notice of the cancellation,
suspension or subsequent decision not to
cancel to any person, of whom the Chief
Commissioner is aware, who employs the
holder of the licence to perform duties for
which the licence is required—
15
-- 18 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 19
(a) section 15(1)(a) or 15(1)(c); or
(b) section 10(1)(c), 10(1)(d) or 10(1)(e);
or
(c) section 10(1)(b) for the purpose set out
in section 10(2)(b)(iv).
(2) If the Chief Commissioner cancels, suspends
or suspends and subsequently decides not to
cancel a licence under any of the following
sections, the Chief Commissioner must, as
soon as practicable after cancelling,
suspending or deciding not to cancel a
licence, give notice of the cancellation,
suspension or subsequent decision not to
cancel to each club of which the Chief
Commissioner is aware that the holder of the
licence is a member for purposes related to
the reason for which he or she is the holder
of the licence—
(a) section 15(1)(b) or 15(1)(d); or
(b) section 10(1)(a); or
(c) section 10(1)(b) for the purpose set out
in section 10(2)(b)(ia); or
(d) section 18(1); or
(e) section 21(1), 21A(1), 21B(1) or
28(1).".
19 Surrender of handguns where certain conditions of
category 1 or category 2 firearms collectors licence
not complied with
After section 53B(3) of the Firearms Act 1996
insert—
"(4) If a person has surrendered a handgun or
ammunition under this section or if a
handgun or ammunition has been seized
from a person under this section, that person
16
-- 19 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 20
must dispose of that handgun or ammunition
to a licensed firearms dealer within 56 days
of service of the notice from the Chief
Commissioner under section 52B.".
20 Disclosure of information
(1) In section 54(2) of the Firearms Act 1996, for
"Chief Commissioner on" substitute "Chief
Commissioner in".
(2) In section 54(3)(a) of the Firearms Act 1996,
after "the person" insert "and the person who has
given the instruction".
(3) For section 54(4) of the Firearms Act 1996
substitute—
"(4) As part of a notification under subsection
(2), the Chief Commissioner may require the
person giving the notification to make a
declaration—
(a) that he or she has questioned the person
as to whether or not the person is a
prohibited person; and
(b) that he or she has questioned the person
as to the number of occasions on which
the person has received instruction in
the use of a general category handgun;
and
(c) that based on the answers he or she
received in response to those questions,
and on any other relevant facts
available to him or her—
(i) whether or not he or she believes
that the person is a prohibited
person; and
17
-- 20 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 21
(ii) the number of occasions on which
he or she believes that the person
has received instruction in the use
of a general category handgun.".
(4) After section 54(5) of the Firearms Act 1996
insert—
"(6) A person who is questioned under subsection
(4) must not knowingly or recklessly give
false information in response to a question
asked of him or her under that subsection.
Penalty: 120 penalty units or 2 years
imprisonment.".
21 Permits to display firearms or ammunition
collections
After section 56(1) of the Firearms Act 1996
insert—
"(1A) The Chief Commissioner must not grant a
permit under subsection (1) to the holder of a
firearms collectors licence to display
firearms or cartridge ammunition at a
premises, if an approved firearms collectors
club has been granted a permit under section
56A(1) that specifies the premises and the
licence holder's name.".
22 New section 56A inserted
After section 56 of the Firearms Act 1996
insert—
"56A Permits to display firearms or
ammunition collections—Approved
firearms collectors clubs
(1) The Chief Commissioner may grant a permit
to an approved firearms collectors club that
authorises each holder of a firearms
collectors licence, whose name and licence
number is specified in the permit, to display
18
-- 21 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 22
firearms and cartridge ammunition possessed
or carried under his or her licence at the
premises specified in the permit.
(2) The Chief Commissioner may grant a permit
under subsection (1), if the Chief
Commissioner is satisfied that the
arrangements made for the secure storage of
the firearms and cartridge ammunition while
on display are adequate.
(3) A person who holds a firearms collectors
licence and who displays firearms and
cartridge ammunition at the premises
specified in a permit granted under
subsection (1) does not commit an offence
under section 6, 7 or 8 or Part 6 when acting
under or in accordance with the permit.
(4) A permit authorises—
(a) display of the firearms or cartridge
ammunition at the premises specified in
the permit and for the period specified
in the permit; and
(b) carriage of the firearms or cartridge
ammunition for the purposes of the
display.
(5) A permit to display firearms or cartridge
ammunition at the premises specified in the
licence is subject to the conditions fixed in
the permit.
(6) The Chief Commissioner may impose any
conditions on the permit that the Chief
Commissioner thinks fit.
(7) The conditions that the Chief Commissioner
may impose on the permit under this section
may include conditions for or with respect
to—
19
-- 22 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 22
(a) the circumstances in which the Chief
Commissioner may cancel or suspend
the permit and any other matters related
to such cancellation or suspension; and
(b) the length or term of the permit and any
related matters.
(8) An application for a permit must—
(a) be made in the manner and form
approved by the Chief Commissioner;
and
(b) be accompanied by the name and
licence number of each holder of a
firearms collectors licence who
proposes to display firearms and
cartridge ammunition at the premises
specified in the permit.
(9) The applicant must pay the prescribed fee for
such a permit.
(10) The holder of the permit must comply with
the permit.
Penalty: 60 penalty units or 12 months
imprisonment.
(11) A licence holder whose name is specified in
the permit must comply with the permit.
Penalty: 60 penalty units or 12 months
imprisonment.
(12) The holder of the permit must, before any
firearms or cartridge ammunition are
displayed under the permit, notify in writing
each licence holder whose name is specified
in the permit of the conditions to which the
permit is subject (if any).
Penalty: 60 penalty units or 12 months
imprisonment.".
20
-- 23 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 23
23 Permits to carry or use firearms held under a
collectors licence
After section 58(1) of the Firearms Act 1996
substitute—
"(1A) The Chief Commissioner must not grant a
permit under subsection (1) to the holder of a
firearms collectors licence to carry or use a
category A, B or C longarm or a general
category handgun held under the licence at a
commemorative or historical event if an
approved firearms collectors club has been
granted a permit under section 58AAA(1) for
the commemorative or historical event to be
specified in the permit which specifies the
licence holder's name.".
24 New section 58AAA inserted
After section 58 of the Firearms Act 1996
insert—
"58AAA Permits to carry or use firearms held
under a collectors licence—approved
firearms collectors clubs
(1) The Chief Commissioner may grant a permit
to an approved firearms collectors club that
authorises each holder of a firearms
collectors licence, whose name and licence
number is specified in the permit, to carry or
use any firearm possessed or carried under
his or her firearms collectors licence at a
commemorative or historical event approved
by the Chief Commissioner and held at an
approved shooting range.
(2) A person who is the holder of a firearms
collectors licence and who carries or uses
any firearm held under a firearms collectors
licence at a commemorative or historical
event in respect of which a permit has been
21
-- 24 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 24
granted under subsection (1), does not
commit an offence under section 6 or 7 when
acting under and in accordance with the
permit.
(3) The Chief Commissioner may impose any
conditions on the permit that the Chief
Commissioner thinks fit.
(4) The conditions that the Chief Commissioner
may impose on the permit under this section
may include conditions for or with respect
to—
(a) the circumstances in which the Chief
Commissioner may cancel or suspend
the permit and any other matters related
to such cancellation or suspension; and
(b) the length or term of the permit and any
related matters.
(5) An application for a permit must—
(a) be made in the manner and form
approved by the Chief Commissioner;
and
(b) be accompanied by the name and
licence number of each holder of a
firearms collectors licence who
proposes to carry or use any firearm
held under his or her licence at a
commemorative or historical event
specified in the permit.
(6) The applicant must pay the prescribed fee for
such a permit.
(7) The holder of the permit must comply with
the permit.
Penalty: 120 penalty units or 2 years
imprisonment.
22
-- 25 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 25
(8) A licence holder whose name is specified in
the permit must comply with the permit.
Penalty: 120 penalty units or 2 years
imprisonment.
(9) The holder of the permit must, before the
commemorative or historical event in respect
of which the permit is issued, notify in
writing each licence holder whose name is
specified in the permit of the conditions to
which the permit is subject (if any).
Penalty: 60 penalty units or 12 months
imprisonment.".
25 Requirement to keep register of transactions
(1) In section 87(1)(b) of the Firearms Act 1996,
after "disposed of" insert ", hired or loaned".
(2) After section 87(5) of the Firearms Act 1996
insert—
"(6) A person whose dealers licence has expired
or has been suspended or cancelled must—
(a) keep the register of transactions in
which he or she has kept his or her
transactions for a period of 5 years after
the last entry has been made in the
register; or
(b) surrender the register of transactions
kept by him or her to the Chief
Commissioner of Police at any time
during the period of 5 years after his or
her licence expired or was suspended or
cancelled.
Penalty: 30 penalty units.".
23
-- 26 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 26
26 Power to inspect register and stock
At the end of section 89 of the Firearms Act
1996 insert—
"(2) A member of the police force may inspect
the register of transactions kept by a person
under section 87(6) at any reasonable time.".
27 New section 100A inserted
After section 100 of the Firearms Act 1996
insert—
"100A Hiring and loaning of firearms by licensed
firearms dealers
A licensed firearms dealer must not hire or
loan a firearm to a person unless—
(a) the person is the holder of a licence that
authorises the person to possess, carry
or use the type of firearm sought to be
hired or loaned; and
(b) 28 days or more have expired since the
issue of the licence referred to in
paragraph (a); and
(c) the person possesses a registered
firearm under the licence, that has been
acquired before the hiring or loan takes
place.
Penalty: 120 penalty units or 2 years
imprisonment.".
28 Application for a permit to acquire
After section 106(1) of the Firearms Act 1996
insert—
"(1A) An application must specify the address
where it is proposed that the firearm will
ordinarily be stored.".
24
-- 27 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 29
29 Keeping of register
(1) In section 113(3) of the Firearms Act 1996, after
"firearms register" insert "(to the extent that the
particulars are known to the Chief
Commissioner)".
(2) After section 113(3)(c) of the Firearms Act 1996
insert—
"(ca) the address at which the firearm is ordinarily
stored; and".
30 Certificate of registration
At the end of section 117 of the Firearms Act
1996 insert—
"(2) Despite subsection (1), the Chief
Commissioner is not required to issue a
certificate of registration in respect of a
firearm if the Chief Commissioner is not
aware of the person who possesses the
firearm or of the licence particulars of the
person who possesses the firearm.".
31 Power of Chief Commissioner to require
information
For section 119(1) of the Firearms Act 1996
substitute—
"(1) The Chief Commissioner may, by notice in
writing addressed to the holder of a licence
under this Act, require the holder to give the
Chief Commissioner any information
relating to the acquisition, disposal,
possession, hiring or loaning of—
(a) firearms, firearm parts, silencers or
prescribed items under the licence that
are specified in the notice; or
25
-- 28 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 32
(b) firearms, firearms parts, silencers or
prescribed items that have been
manufactured by the holder of the
licence.".
32 Approved handgun target shooting clubs—Record
keeping requirements
In section 123B(3) of the Firearms Act 1996—
(a) in paragraph (d), for "time." substitute
"time; and";
(b) after paragraph (d) insert—
"(e) kept in an accurate and legible manner;
and
(f) made as soon as reasonably practicable
after—
(i) the approved handgun target
shooting match or handgun target
shoot to which the record relates
takes places; or
(ii) the application to which the record
relates is made.".
33 Approved handgun target shooting clubs—
Requirements as to members
(1) In sections 123D(1) and 123D(1A) of the
Firearms Act 1996, after "handgun target
shooting match" insert "or handgun target shoot".
(2) In section 123D(4) of the Firearms Act 1996—
(a) in paragraph (b), for "so." substitute
"so; and";
(b) after paragraph (b) insert—
"(c) of the name of any person who has
surrendered his or her membership or
who has had his or her membership
suspended or cancelled, within 7 days
26
-- 29 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 34
of that surrender, suspension or
cancellation.".
34 Approved firearms collectors clubs—Requirements
as to members and former members
(1) In the heading to section 123L of the Firearms
Act 1996, after "as to members" insert "and
former members".
(2) After section 123L(1) of the Firearms Act 1996
insert—
"(1A) An approved firearms collectors club must
notify the Chief Commissioner of the name
of any person who has surrendered his or her
membership or who has had his or her
membership suspended or cancelled, within
7 days of that surrender, suspension or
cancellation.".
35 Offence to possess, carry or use a firearm on private
property without consent
After section 131(3) of the Firearms Act 1996
insert—
"(4) Despite subsection (1), a person—
(a) who is possessing or carrying a firearm
under a licence under this Act; and
(b) who is crossing Crown land over which
there is a licence, for the purpose of
hunting in accordance with the Wildlife
Act 1975 on land that can only be
accessed by passage over the Crown
land—
is not required to obtain the consent of the
holder of the licence over the Crown land.".
27
-- 30 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 36
36 Certain offences as to firearms, firearm parts,
silencers and prescribed items
(1) Insert the following heading to section 134 of the
Firearms Act 1996—
"Certain offences as to firearms, firearm parts,
silencers and prescribed items".
(2) After section 134(3) of the Firearms Act 1996
insert—
"(4) A person must not destroy, or render
inoperable, a firearm, firearm part, silencer
or prescribed item unless that person does so
in a manner approved by the Chief
Commissioner.
Penalty: 240 penalty units or 4 years
imprisonment.".
37 Requirement to obtain consent of Chief
Commissioner to certain alterations of firearms
At the end of section 134A of the Firearms Act
1996 insert—
"(2) A person must not increase the magazine
capacity of a firearm if the increase in the
magazine capacity would cause the firearm
to become a different category of firearm
unless, before doing so, the person obtains
the consent of the Chief Commissioner.
Penalty: 60 penalty units.".
28
-- 31 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 38
38 New section 134AB inserted
After section 134A of the Firearms Act 1996
insert—
"134AB Offence to possess or carry certain parts
without the consent of the Chief
Commissioner
A person must not possess or carry a part of
a firearm that is capable of being used to
alter the category of a firearm in the person's
possession, carriage or use so that the
firearm becomes a different category of
firearm to that which the person is authorised
to possess, carry or use under his or her
licence—
(a) without lawful excuse; or
(b) unless before doing so, the person
obtains the consent of the Chief
Commissioner.
Penalty: 30 penalty units.".
39 Section 139 substituted
For section 139 of the Firearms Act 1996
substitute—
"139 Notification of change of certain details
The holder of a licence or permit under this
Act must notify the Chief Commissioner in
writing of any change to the following
details—
(a) the address which appears on the
licence or permit; and
(b) the holder's permanent place of
residence; and
(c) the holder's postal address; and
29
-- 32 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 40
(d) the address where any firearm held
under the licence is ordinarily stored;
and
(e) if the holder is a licensed firearms
dealer, the address where he or she
carries on the business to which the
licence relates—
within 14 days after the change occurs.
Penalty: 30 penalty units.".
40 Making false or misleading statements or using false
or misleading information
After section 140A(2) of the Firearms Act 1996
insert—
"(3) A person must not knowingly or recklessly
make a statement in support of the
application of another person under this Act
which is false or misleading in any material
particular.
Penalty: 240 penalty units or 4 years
imprisonment.".
41 Search of persons or vehicles
In section 149(1), (2) and (4) of the Firearms Act
1996, for "firearm or cartridge ammunition"
(wherever occurring) substitute "firearm,
cartridge ammunition, silencer or prescribed
item".
42 Powers of court to order forfeiture of firearms,
cartridge ammunition, silencers or prescribed items
(1) Insert the following heading to section 151 of the
Firearms Act 1996—
"Powers of court to order forfeiture of
firearms, cartridge ammunition, silencers or
prescribed items".
30
-- 33 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 43
(2) In section 151(1) of the Firearms Act 1996, for
"firearm and cartridge ammunition" substitute
"firearm, cartridge ammunition, silencer or
prescribed item".
(3) In section 151(2) of the Firearms Act 1996, for
"firearm" substitute "firearm, cartridge
ammunition, silencer or prescribed item".
43 Power of court to make an order with respect to the
disposal of a firearm, cartridge ammunition,
silencer or prescribed item
(1) Insert the following heading to section 153 of the
Firearms Act 1996—
"Power of court to make an order with respect
to the disposal of a firearm, cartridge
ammunition, silencer or prescribed item".
(2) In section 153 of the Firearms Act 1996, for
"firearm or cartridge ammunition" (wherever
occurring) substitute "firearm, cartridge
ammunition, silencer or prescribed item".
44 Authorised officers under the Conservation, Forests
and Lands Act 1987 to exercise powers under this
Act
In sections 153A(1)(a) and (1)(e) and 153A(1B)
of the Firearms Act 1996, for "firearm or
cartridge ammunition" substitute "firearm,
cartridge ammunition, silencer or prescribed
item".
45 Annual reports
In section 153C(1)(b) and 2(b) of the Firearms
Act 1996, for "firearms and cartridge
ammunition" substitute "firearms, cartridge
ammunition, silencers and prescribed items".
31
-- 34 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 46
46 New section 175 inserted
Before section 176 of the Firearms Act 1996
insert—
"175 Service of notices
(1) If by or under this Act the Chief
Commissioner serves a notice by post, the
notice must be served on the person to be
served by sending it by post addressed to the
person at the person's last place of residence
or business known to the Chief
Commissioner.
(2) Subject to any evidence to the contrary and
despite anything to the contrary in section 49
of the Interpretation of Legislation Act
1984, a notice served by post in accordance
with subsection (1) is deemed to be served
21 days after the date of the notice.
(3) For the purposes of subsection (2), evidence
to the contrary includes but is not limited to
evidence that the person to be served had
notified the Chief Commissioner of any
change to his or her place of residence or
business before the date of the notice.".
47 Deceased estates
(1) For section 180(1) of the Firearms Act 1996
substitute—
"(1) The executor or administrator of an estate of
a person who has died in possession of a
firearm does not commit an offence against
this Act if the executor or administrator, for a
period of 6 months after the death of the
person, retains possession of the firearm,
carries the firearm and for the purpose of
disposing of the firearm—
32
-- 35 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 48
(a) stores the firearm in accordance with
Part 6; or
(b) arranges for a licensed firearms dealer
to store the firearm on his or her behalf;
or
(c) arranges for a holder of a licence under
Part 2 whose licence permits the
possession, carriage or use of that type
of firearm to store the firearm on his or
her behalf.".
(2) In section 180(2) of the Firearms Act 1996,
after "who possessed the firearm" insert
"as soon as practicable after becoming aware
of the person's death".
48 Disclosure of information
After section 181(2)(b) of the Firearms Act 1996
insert—
"(ba) any approved handgun target shooting club
or approved firearms collectors club (as the
case requires) of which the applicant has
been a member at any time during the
12 months immediately before the
application was made;".
49 Interstate licence holders—temporary visitors
(1) After section 185(1) of the Firearms Act 1996
insert—
"(1AA) For the purposes of subsection (1), taking
part in a shooting competition includes
taking part in the competition as an
instructor, referee, supervisor, competition
judge or range officer.".
33
-- 36 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 49
(2) After section 185(3) of the Firearms Act 1996
insert—
"(4) A person who—
(a) is the holder of a licence or permit in
another State or a Territory which
authorises the possession, carriage or
use of a paintball marker for the reason
of participating in paintball gaming
activities; and
(b) ordinarily resides in the other State or
Territory—
is deemed to be the holder of a
corresponding licence under this Act for the
reason of participating in paintball gaming
activities in accordance with this Act.
(5) A person who—
(a) is the holder of a licence or permit in
another State or Territory which
authorises the person to possess, carry
or use a general category handgun for
the occupation of security guard; and
(b) ordinarily resides in the other State or
Territory—
is deemed to be the holder of a
corresponding licence under this Act for the
purposes of acting as a security guard on a
temporary basis in accordance with this
Act.".
34
-- 37 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 50
50 Interstate licence holders—permanent residents
After section 187(2) of the Firearms Act 1996
insert—
"(3) A person who—
(a) is the holder of a licence or permit in
another State or Territory which
corresponds with a paintball marker
licence; and
(b) has notified the Chief Commissioner
that he or she intends to permanently
reside in Victoria—
is, for a period of 3 months after that
notification is given, deemed to be—
(c) the holder of a paintball marker licence;
and
(d) authorised under that licence to possess,
carry or use a paintball marker.".
51 Indictable offences
In section 189A of the Firearms Act 1996—
(a) after "121(3)," insert "121(3A),";
(b) after "127A(1)," insert "129A,";
(c) for "138 and 140A(2)" substitute
"138, 140A(1), (2) and (3)".
52 Transitional provision—handgun security guard
licence
(1) In sections 210(1)(c) and 210(2)(c) of the
Firearms Act 1996, after "under the licence"
insert "that is not restricted ammunition to which
paragraph (a) of the definition of restricted
ammunition applies, which is possessed, carried
or used in the course of training as a security
guard".
35
-- 38 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 53
(2) In section 210(3)(c) of the Firearms Act 1996,
after "under the licence" insert "in the
circumstances in which authority is required under
subsection (1) or (2)".
53 New section 211 inserted
After section 210 of the Firearms Act 1996
insert—
"211 Transitional provisions—Firearms
Amendment Act 2007
(1) The amendment made to this Act by
section 7 of the Firearms Amendment Act
2007 applies to any handgun licence that was
in force immediately before the
commencement of that section.
(2) The amendments made to this Act by
sections 5(b), 6(2)(b) and (c), 12 and 13 of
the Firearms Amendment Act 2007 apply
to any application for a licence under Part 2
that was made, but not finally decided,
before the commencement of that section.
(3) The amendments made to this Act by
section 14 of the Firearms Amendment Act
2007 apply to a licence under Part 2 that was
in force immediately before the
commencement of that section.
(4) The amendment made to this Act by
section 28 of the Firearms Amendment Act
2007 does not apply to applications made
before the commencement of that section.
(5) Subject to subsection (6), the amendments
made to this Act by section 9, 10 or 11(1) of
the Firearms Amendment Act 2007 are not
to be taken to affect a licence issued under
section 21, 21A or 21B and in force
immediately before the commencement of
36
-- 39 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 53
section 9, 10 or 11(1) of the Firearms
Amendment Act 2007 (as the case requires).
(6) A licence issued under section 21B that
authorises the possession or carriage of
firearms that—
(a) were manufactured before 1 January
1900; and
(b) that use percussion as a means of
ignition; and
(c) that take cartridge ammunition that is
commercially available—
and in force immediately before the
commencement of section 3(1)(b) of the
Firearms Amendment Act 2007, is to be
taken to continue in force as if section
3(1)(b) had not been enacted, unless the
licence sooner expires or is sooner cancelled
or surrendered.
(7) The amendments made—
(a) to this Act by sections 51(a) and 51(b)
of the Firearms Amendment Act
2007; and
(b) to Schedule 4 of the Magistrates'
Court Act 1989 by sections 59(1) and
59(2) of the Firearms Amendment
Act 2007—
apply only to offences alleged to have been
committed on or after the commencement of
those sections.
(8) For the purposes of subsection (7), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of sections 51(a), 51(b),
59(1) and 59(2) of the Firearms
Amendment Act 2007, the offence is
37
-- 40 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 54
alleged to have been committed before the
commencement of those sections.".
54 Schedule 1 amended
After condition 3 in Schedule 1 to the Firearms
Act 1996 insert—
"4 The holder of the licence must notify the
Chief Commissioner of any change to the
reason for which the holder's licence was
issued within 7 days of becoming aware of
the change.".
55 Schedule 2 amended
(1) In item 1(5A)(a) of Schedule 2 to the Firearms
Act 1996 omit "or an approved location of a
paintball activity".
(2) After item 3 of Schedule 2 to the Firearms Act
1996 insert—
"3A Handgun licences for general category
handguns—operators of private security
businesses
If the holder of a licence is authorised to
carry or use one or more firearms for the
purposes of operating a private security
business, that holder must ensure that each
firearm is registered to the holder's name.".
(3) In item 5(12) of Schedule 2 to the Firearms Act
1996, for "5(5) and (6)" substitute "5(7) and (8)".
56 Schedule 4 amended
(1) For items 1(2) and 2(2) of Schedule 4 to the
Firearms Act 1996 substitute—
"(2) If more than 15 firearms are stored on the
premises where the firearm is stored, the
premises must be fitted with an intruder
alarm system—
38
-- 41 of 46 --
Part 2—Amendment of Firearms Act 1996
Firearms Amendment Act 2007
No. 50 of 2007
s. 56
(a) the installation, maintenance and
operation of which complies with
Australian Standard 2201.1:2007 (as
amended from time to time); and
(b) which, in the event of an intrusion,
activates an audible alarm warning
device and an external visible alarm
warning light.".
(2) After items 1(3) and 2(3) of Schedule 4 to the
Firearms Act 1996 insert—
"(4) Subject to section 121, a firearm that is
possessed, carried or used by a holder of a
handgun security guard licence who is
employed as a security guard must be stored
by the person who employs the holder of the
licence as a security guard at premises
belonging to, or occupied by, the employer.".
(3) In item 3(2) of Schedule 4 to the Firearms Act
1996, for "the premises must be fitted with an
effective alarm system of a class approved by the
Chief Commissioner" substitute—
"the premises must be fitted with an intruder
alarm system—
(c) the installation, maintenance and operation
of which complies with Australian Standard
2201.1:2007 (as amended from time to time);
and
(d) which, in the event of an intrusion, activates
an audible alarm warning device and an
external visible alarm warning light.".
__________________
39
-- 42 of 46 --
Part 3—Amendment of Other Acts
Firearms Amendment Act 2007
No. 50 of 2007
s. 57
PART 3—AMENDMENT OF OTHER ACTS
57 Crimes Act 1958 See:
Act No.
6231.
Reprint No. 19
as at
1 December
2006
and
amended by
Act Nos
16/2004,
97/2005,
23/2006,
48/2006,
50/2006 and
32/2007.
LawToday:
www.
legislation.
vic.gov.au
For section 31A(1) of the Crimes Act 1958
substitute—
"(1) A person who is found guilty of an indictable
offence and who carried—
(a) a firearm (within the meaning of the
Firearms Act 1996); or
(b) an imitation firearm (within the
meaning of section 29(3)(b))—
when committing the offence is guilty of a
further offence and is liable to level 6
imprisonment (5 years maximum).".
58 Firearms (Further Amendment) Act 2005 See:
Act No.
78/2005 as
amended by
Act No.
49/2006.
Statute Book:
www.
legislation.
vic.gov.au
In section 65 of the Firearms (Further
Amendment) Act 2005, after proposed section
57A(1) insert—
"(1A) Subsection (1) does not apply to the holder
of a handgun security guard licence who
possesses, carries or uses restricted
ammunition that is not factory manufactured
for a handgun which he or she possesses,
carries or uses under the licence, in the
course of training as a security guard.".
40
-- 43 of 46 --
Part 3—Amendment of Other Acts
Firearms Amendment Act 2007
No. 50 of 2007
s. 59
59 Magistrates' Court Act 1989 See:
Act No.
51/1989.
Reprint No. 13
as at
15 August
2007
and
amending
Act Nos
77/2004,
62/2005,
51/2006 and
36/2007.
LawToday:
www.
legislation.
vic.gov.au
(1) In clause 49Q of Schedule 4 to the Magistrates'
Court Act 1989, after "121(3)" insert "and (3A)".
(2) After clause 49UA of Schedule 4 to the
Magistrates' Court Act 1989 insert—
"49UAB Offence for unlicensed person to store in
an insecure manner
Offences under section 129A of the
Firearms Act 1996.".
(3) In clause 49ZB of Schedule 4 to the Magistrates'
Court Act 1989, for "140A(2)" substitute
"140A(1), (2) or (3)".
__________________
41
-- 44 of 46 --
Part 4—Repeal of Amending Act
Firearms Amendment Act 2007
No. 50 of 2007
s. 60
PART 4—REPEAL OF AMENDING ACT
60 Repeal of Act
This Act is repealed on 1 January 2009.
═══════════════
42
-- 45 of 46 --
Firearms Amendment Act 2007
No. 50 of 2007
Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 22 August 2007
Legislative Council: 20 September 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the
Firearms Act 1996 to make further provision for the regulation of
firearms in Victoria, to amend the Crimes Act 1958 to make further
provision regarding the use of firearms in the commission of offences and
to amend the Magistrates' Court Act 1989 to enable certain indictable
offences under the Firearms Act 1996 to be heard and determined
summarily and for other purposes."
43
-- 46 of 46 --