Firearms Regulation 2008

2 by using a restraining device such as a trigger lock.

must be stored in—

a securely locked container that is securely attached to the vehicle; or

a securely locked compartment within the vehicle; and

if the firearm is being transported using a motorcycle—the firearm must be stored in a lockable hard-case pannier, luggage box or other container appropriate for transporting the firearm; and

the firearm must not be able to be seen by a person who is not responsible for transporting the firearm; and

the person transporting the firearm must take all reasonable precautions to ensure that the firearm is not lost or stolen.

However, subsection (1) does not apply if the firearm is being transported by—

a person whose occupation involves the business of a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the business; or

a person employed, or authorised, by a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the primary producer’s business; or

a conservation officer, and it is reasonably likely that during transportation of the firearm the officer will need to use it for a purpose related to the officer’s duties; or

a person employed, or authorised, by a government agency to kill fauna, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the person’s employment or authorisation.

In this section:

conservation officer—see the Nature Conservation Act 2014, dictionary.

employ includes engaging a person on a contract of service.

fauna—see section 52A (4).

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘reserve—see the Nature Conservation Act 2014, section 169.’ means that the term ‘reserve’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The following are not firearms:

an antique firearm;

a firearm (other than a percussion-fired pistol) manufactured before 1900 for which ammunition is not readily commercially available;

an explosive-powered tool;

a heavy bench-mounted rifle used for experimental purposes that is of a kind approved by the registrar;

a tool designed to be used to split or break rock or concrete by the firing of an explosive cartridge;

Example

the tool known as the ‘Boulder Buster’

an industrial tool designed to be used in the mining and steel industries to remove refractory material (such as slag) from kilns or for other similar purposes;

Example

the tool known as the ‘Slag Buster Kiln Gun’

a captive bolt gun of the kind designed for use in an abattoir in the humane killing of livestock;

a tool designed to discharge a nail, spike or other fastener into or through material by means of compressed air or carbon dioxide.

Example

nail gun

In this section:

antique firearm—

means a muzzle-loading pistol (including a percussion-lock pistol that is muzzle-loading) that uses black powder to propel a projectile; but

does not include a breech-loading pistol—

with a rotating cylinder; or

that accepts metal cartridges.

explosive-powered tool—see the Scaffolding and Lifts Regulation 1950, section 118A (2).

Part 2 Clubs

In this part:

target pistol shooter, for an approved shooting club, means—

a person who is a member of the club and holds a category H licence issued for the genuine reason of sport or target shooting; or

Note 1 The Act, pt 7 deals with firearms licences.

Note 2 An applicant for an adult firearms licence must have a genuine reason to possess or use a firearm. See the Act, s 61 for genuine reasons to possess or use firearms.

a person who has applied for membership of the club and whose membership will involve the use of a pistol for sport or target shooting.

It is a condition of the approval of a shooting club that the club must not admit a target pistol shooter (the applicant) as a member unless—

the applicant gives the club a statement supplied by a police officer about the applicant’s criminal history (if any); and

the applicant gives the club—

for an adult applicant—2 character references, each from an adult who has known the applicant for at least 2 years; or

for a child applicant—a statement from a responsible person for the applicant describing the relationship the responsible person has with the applicant; and

the secretary or another office-holder of the club is satisfied that the applicant has given—

the name of any other approved shooting club of which the applicant is a member; and

for an adult applicant—a statement of the pistols owned by the applicant.

It is a condition of the approval of a shooting club that the secretary, or another office-holder of the club, gives the registrar, in writing—

the full name and home address of any club member who is a target pistol shooter (relevant club member) who leaves the club or does not renew membership with the club, as well as the date the membership change happened, within 14 days after the day the change in membership happens; and

details of any change in the name or home address of a relevant club member within 14 days after the day the club is told of the change; and

details of any suspension or cancellation of the membership of a relevant club member including the reason the club chose to suspend or cancel the membership within 7 days after the day the decision is made; and

as soon as practicable after each 1 July, a return for the previous financial year that states—

the full name and home address of relevant club members as at the date of the return; and

the number and kind of activities mentioned in section 68 (Minimum participation rates for members of approved clubs—Act, dict, def active, par (a)) that each relevant club member took part in during the previous financial year; and

the pistols known by the club, or the secretary or other office-holder, to be owned by each relevant club member during the previous financial year; and

Note If a form is approved under the Act, s 271 for a return, the form must be used.

if the secretary or other officer-holder of the club believes on reasonable grounds that a relevant club member, or an applicant for membership to be a relevant club member, may pose a threat to public safety, or a threat to the person’s own safety, if in possession of a pistol—that the secretary or office‑holder tells the registrar about the belief.

It is a condition of the approval of a shooting club that the club must ensure that a person whose category H licence has been suspended or cancelled does not use a pistol on any approved shooting range owned or used by the club.

To remove any doubt, the honest disclosure of something to the registrar to comply with a condition under subsection (2) does not give rise to a civil or criminal proceeding against the club or the secretary or other office-holder of the club in relation to loss, damage or injury of any kind to anyone.

This section applies if a target pistol shooter applies for membership of an approved shooting club.

The secretary or another office-holder of the approved shooting club may ask the registrar, in relation to an application for membership of the club by a target pistol shooter (the applicant), to give the secretary or other office-holder of the club information about any of the following known to the registrar:

for an adult applicant—the pistols owned by the applicant;

any other approved shooting club, or approved shooting club (however described) in a State, of which the applicant is a member;

Note State includes the Northern Territory, see the Legislation Act, dict, pt 1.

any other approved shooting club, or approved shooting club (however described) in a State, of which the applicant has been refused membership, or had his or her membership suspended or cancelled, in the 5 years before the day the application is made;

any category H licence issued to the applicant that has been cancelled in the 5 years before the day the application is made;

any earlier application for a category H licence by the applicant that has been refused by the registrar in the 5 years before the day the application for membership is made.

The secretary or other office-holder of the approved shooting club may also ask the registrar, in relation to an application for membership, to disclose to the secretary or other office-holder of the club the applicant’s criminal history (if any) that is, in the registrar’s opinion, relevant to the issue of a category H licence.

The registrar is authorised to give or disclose the information mentioned in subsections (2) and (3) to the secretary or other relevant office-holder of the club.

A target pistol shooter (the person) commits an offence if—

the person is a member of an approved shooting club; and

the person’s name or home address changes; and

the person does not tell the secretary or another office-holder of the club, in writing, about the change within—

for an adult—14 days after the day the change happens; or

for a child—28 days after the day the change happens.

Maximum penalty: 10 penalty units.

Note A child may obtain a minors firearms licence if the child is at least 12 years old—see s 28.

An offence against this section is a strict liability offence.

It is a condition of the approval of a collectors club that the secretary or another office-holder of the club tells the registrar, in writing, about the following:

the suspension or cancellation of the membership of a person who collects pistols and the reasons for the suspension or cancellation;

if the secretary or other officer-holder of the club believes on reasonable grounds that a club member who collects pistols, or an applicant for membership of the club who collects pistols, is not a suitable person to possess a pistol—the belief that the person is not a suitable person to possess a pistol.

Notice under subsection (1) must be given to the registrar not later than 7 days after—

for a decision to suspend or cancel a membership—the day after the day the decision is made; or

for a belief that a person is not a suitable person to possess a pistol—the day the secretary or relevant office-holder forms the belief that the person is not a suitable person.

In determining whether a person is a suitable person to possess a pistol, the secretary or other office-holder of the club (the decision maker) may consider the following:

whether the person’s physical or mental health reduces the person’s ability to handle firearms responsibly;

whether, during the 10 years before the day the decision maker has to determine whether the person is suitable, the person has—

been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or

been subject to a protection order or corresponding order that has been revoked; or

been subject to an interim protection order or corresponding order; or

been convicted or found guilty of an offence (other than a prescribed offence)—

against this regulation or a corresponding law; or

in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or

had his or her licence suspended or cancelled.

To remove any doubt, the honest disclosure of something to the registrar to comply with a condition under subsection (1) does not give rise to a civil or criminal proceeding against the club or the secretary or other relevant office-holder of the club in relation to loss, damage or injury of any kind to anyone.

In this section:

prescribed offence means an offence—

against this regulation or a corresponding law; or

in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

punishable by imprisonment for longer than 1 year.

Part 3 Licensing—prohibited firearms and pistols

The holder of a category H licence issued for the genuine reason of sport or target shooting is authorised to possess and use a registered prohibited pistol of more than 9.65mm calibre, but not more than 11.43mm calibre, for the following purposes:

taking part in any of the following kinds of pistol shooting competitions:

an approved competition that involves the pistol target shooting discipline known as Metallic Silhouette;

an approved competition that involves the pistol target shooting discipline known as Single Action;

practising on an approved shooting range for a competition mentioned in paragraph (a).

Note This subsection applies to a pistol of more than 0.38 inch calibre but not more than 0.45 inch calibre.

The holder of a category H licence issued for the genuine reason of sport or target shooting is authorised to possess and use a registered prohibited pistol that has a barrel length of less than 120mm for the following purposes:

taking part in an approved specialised target shooting competition;

practising on an approved shooting range for the competition.

In this section:

approved, for a competition, means a competition that is conducted or organised by an approved shooting club and approved by the registrar.

Note The registrar may approve a shooting competition—see the Act, s 20 (1) (b).

A person commits an offence if the person—

holds a category C licence that authorises the person to possess and use a prohibited firearm (other than a firearm mentioned in the Act, schedule 1, item 1, item 6, item 11 or item 12) for the genuine reason of sport or target shooting; and

uses the firearm other than—

on an approved shooting range; and

in accordance with the rules of the relevant club affiliated with the Australian Clay Target Association; and

for the purposes of a shooting competition or of practice for the competition.

Maximum penalty: 10 penalty units.

An offence against this section is a strict liability offence.

Part 4 Licensing—adult firearms

Division 4.1 Adult firearms licences—general