Firearms Act 1996

Firearms Act 1996

This Act may be cited as the Firearms Act 1996.

The provisions of this Act commence on a day to be proclaimed.

In this Act –

air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air;

air rifle means a firearm that propels, or is capable of propelling, a projectile by means of compressed gas or air;

ammunition means – anything consisting of a cartridge case fitted with a primer and a projectile; or anything consisting of a cartridge case fitted with primer material and containing both a propelling charge and a projectile; or any blankfire cartridge, airgun pellet, training cartridge or gas cartridge; or any explosive component of ammunition; or paintball pellets as defined in section 99B; or any other prescribed article;

approved means approved by the Commissioner;

approved firearms safety course means an accredited course relating to the safe possession and use of firearms as approved by the Commissioner;

barrel length means – in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder; and in any other case, the distance from the muzzle of the barrel to the point of the breach face (which includes the chamber);

Category A firearms licence means a licence referred to in section 14;

Category B firearms licence means a licence referred to in section 15;

Category C firearms licence means a licence referred to in section 16;

Category D firearms licence means a licence referred to in section 17;

Category H firearms licence means a licence referred to in section 18;

certificate of registration means the certificate of registration referred to in section 78;

Commissioner means the Commissioner of Police;

corresponding, in relation to a licence, means a licence in force under a law of another State or Territory that, in the opinion of the Commissioner, corresponds to a licence under this Act;

deal, in relation to a firearm, means to – manufacture, buy or sell firearms and firearm parts; or possess firearms and firearm parts for the purpose of sale, transfer, storage or testing; or possess firearm parts for the purpose of manufacturing firearms; or possess firearms and firearm parts for the purpose of repair in the ordinary course of business; or sell ammunition;

dealings record means a record kept under section 89;

employment, with a firearms dealer, includes engagement under a contract for services;

ex-military means originally designed or intended for, but never in or no longer in, military use;

family violence order means a family violence order within the meaning of the Family Violence Act 2004;

firearm means – a gun or other weapon that is capable of propelling anything wholly or partly by means of an explosive; and a blankfire firearm; and an air rifle; and an air pistol; and an imitation firearm; and any other prescribed thing; and any thing that would be a firearm under paragraph (a), (b), (c) or (d) if it did not have something missing from it or a defect or obstruction in it – but does not include any device declared by the regulations not to be a firearm;

firearm heirlooms licence means the licence referred to in section 21;

firearm part means a barrel, breech, trigger mechanism, operating mechanism or magazine;

firearm sound suppressor means any implement designed to suppress the sound caused by the discharge of a firearm, whether or not the implement forms part of the firearm or can be attached to, or removed from, the firearm;

firearms dealer means a person who, in carrying on a business, deals in firearms;

firearms dealer employee licence means a licence referred to in section 19A;

firearms dealer licence means a licence referred to in section 19;

firearms licence means any firearms licence referred to in Division 2 of Part 2;

firearms museum licence means a licence referred to in section 20;

firearms prohibition order means an order in force under Part 8;

genuine reason means a genuine reason as referred to in section 37;

heirloom firearm means a firearm inherited by a person from the grandparent, parent, brother, sister, uncle or aunt of that person;

imitation firearm means an article, other than a toy firearm, of any material or colour that – is a copy or reproduction of a firearm or has the appearance of a firearm; and could reasonably be mistaken for a firearm;

interim family violence order means an interim family violence order within the meaning of the Family Violence Act 2004;

interim restraint order means – an interim restraint order as defined in Part XA of the Justices Act 1959; and any other interim order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition;

licence means any licence in force under this Act;

licensed means licensed under this Act;

licensee means the holder of a licence;

manufacture means – any process of which the intended outcome is the creation of a firearm, firearm sound suppressor, ordnance or firearm part including, but not limited to, a barrel, slide, frame, receiver or bolt body; or in relation to a firearm that has been rendered incapable of being fired, making that firearm capable of being fired;

militaria firearms licence means a licence referred to in section 21A;

minor means a person under the age of 18 years;

minor's permit means a permit in force under Division 2 of Part 3;

ordnance means – a bazooka, rocket launcher or prescribed weapon that, although not a firearm within the meaning of this Act, is designed to be capable of – being carried and used manually; and firing a projectile by non-explosive means such as a propellant; and a shell, rocket or other projectile that – is designed to be fired by a weapon referred to in paragraph (a); and has not been permanently rendered inert; and a tank, cannon or other similar military vehicle capable of discharging a missile or other projectile;

particular purpose means a purpose established under Division 6 of Part 2 as being a genuine reason for possessing or using a firearm;

permit means a permit in force under Division 1 of Part 3;

pistol means a firearm that – is reasonably capable of being raised and fired by one hand; and has an overall length not exceeding 65cm;

police family violence order means a police family violence order within the meaning of the Family Violence Act 2004;

police officer means a member of the Police Service established under section 4 of the Police Service Act 2003;

possession includes custody or control;

prohibited firearm means a firearm specified in Schedule 1;

prohibited pistol means a pistol prescribed as a prohibited pistol in the regulations;

register means the register of firearms referred to in section 83;

registered means registered under this Act;

registrant means a person in whose name a firearm is registered under Part 4;

restraint order means – a restraint order and an interstate restraint order as defined in Part XA of the Justices Act 1959; and any other order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition;

security agent has the same meaning as in the Security and Investigations Agents Act 2002;

security guard has the same meaning as in the Security and Investigations Agents Act 2002;

sell includes – dispose of for valuable consideration; and barter; and dispose of to an agent for sale on consignment; and offer or attempt to sell; and receive or have in possession for sale; and expose for sale; and send or deliver for sale; and cause or permit to be sold, as offered or exposed for sale; and dispose of by way of raffle, lottery or other game of chance;

toy firearm includes an item of any material or colour that – has the appearance of a firearm; and is marketed to, or commonly used by, persons as something that may be used in play; and could reasonably be mistaken for a firearm;

use, in relation to a firearm or toy firearm, means – fire the firearm or toy firearm; or hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.

For the purposes of this Act, a person is taken to be a close associate of the holder of or an applicant for a firearms dealer licence if the person (either in his or her own right or on behalf of any other person) – holds or will hold a relevant financial interest or relevant position in the business that is or is proposed to be carried on under the licence and, by virtue of that interest or position, is or will be able to exercise a significant influence over that business; or is entitled to exercise a relevant power over the conduct of the business that is or is proposed to be carried on under the licence.

In this section – relevant financial interest, in a business, means an interest in the capital or assets of the business or an entitlement to receive, in any capacity, any income from the business; relevant position, in a business, means a position whose occupant participates in the management of the business; relevant power, over the conduct of a business, means a power (however exercisable) to participate in any managerial or executive decision or to elect or appoint any person to a relevant position.

Without restricting the meaning of the word possession, for the purposes of any proceedings under this Act, a firearm is taken to be in the possession of a person so long as –

the firearm is found in or on any premises, structure, vehicle, vessel, aircraft or other place; and the person is in, on, or in occupation of, the premises, structure, vehicle, vessel, aircraft or place when the firearm is found –

unless the court is satisfied that the person did not know, and could not reasonably be expected to have known, that the firearm was in or on the premises, structure, vehicle, vessel, aircraft or place.

For the purposes of this Act –

if a person knowingly has a firearm in the custody of another person, the first-mentioned person is still taken to possess the firearm; and if 2 or more persons possess parts of a firearm, each of them is taken to possess the firearm.

For the purposes of this Act, a person who takes possession of a firearm under a hire-purchase agreement is taken to have purchased it and the person who possessed it immediately before parting with possession is taken to have sold it.

This Act does not apply to – a member of the Defence Force referred to in the Defence Act 1903 of the Commonwealth, possessing or using a firearm while acting in the course of the member’s duties as such a member, if the member does not, while possessing or using the firearm, consume any intoxicating liquor and is not under the influence of alcohol or any other drug; or a correctional officer, within the meaning of the Corrections Act 1997, possessing or using, in accordance with subsection (1A) – a firearm that may be possessed or used under a licence referred to in Division 2 of Part 2; or a thing that is prescribed, under paragraph (f) of the definition of firearm in section 3, as a firearm; or a person appointed as an ancillary constable under section 14 of the Police Service Act 2003 possessing or using a firearm, in accordance with subsection (1B), that may be possessed or used under a Category H firearms licence; or a person, to whom an authorisation under section 157 of this Act relates, possessing or using a firearm, in accordance with subsection (1B), that may be possessed or used under a Category D firearms licence; or a police officer, other than a junior constable or trainee, possessing or using a firearm in accordance with subsection (2) while – acting in the ordinary course of the police officer's duties; or stationed at a one-person police station; or on call outside the police officer's rostered hours of work; or attached to the group of police officers formed for the purpose of carrying out special operations in relation to high risk incidents; or a junior constable or trainee possessing or using a firearm in accordance with subsection (3) while acting in the ordinary course of the junior constable's or trainee's duties.

A correctional officer, within the meaning of the Corrections Act 1997, possessing or using a firearm under subsection (1) – must not consume any intoxicating liquor or be under the influence of alcohol or any other drug; or may only possess or use the firearm while acting in the course of the member’s duties as a member of – a group deployed at the request of the Director, or under the standing orders of the Director, made under the Corrections Act 1997 for the purposes of the management, security or control of prisons under that Act; or a prescribed unit, or other group, that performs the functions of a group referred to in subparagraph (i).

A person appointed as an ancillary constable under section 14 of the Police Service Act 2003, or a person to whom an authorisation under section 157 of this Act relates, possessing or using a firearm under subsection (1) – may only possess or use the firearm if the person is authorised under the appointment, or authorisation, to possess and use the firearm; and may only possess or use the firearm – if the person is appointed as an ancillary constable, while acting in the course of the person’s duties under this Act or any other Act, as specified in the person’s appointment, and in accordance with that appointment; or if the person is authorised under section 157 of this Act, while acting in the course of the person’s duties under the authorisation and in accordance with that authorisation; and must comply with the safekeeping and storage requirements, that apply under this Act in relation to the firearm, except when the firearm is in a holster, being worn by the person, that is intended for use with that firearm; and must not consume any intoxicating liquor or be under the influence of alcohol or any other drug, except where the firearm is not kept at premises in accordance with the safekeeping and storage requirements that apply under this Act in relation to the firearm.

A police officer, other than a junior constable or trainee, possessing or using a firearm under subsection (1) – must not consume any intoxicating liquor or be under the influence of alcohol or any other drug; and must not be present at any place where liquor is being consumed except in the ordinary course of the police officer's duties; and must keep the firearm at his or her residence outside work hours in accordance with the safekeeping and storage requirements under this Act; and must carry that firearm between that residence and place of duty by the most direct and practicable route.

A junior constable or trainee possessing or using a firearm under subsection (1) – must not consume intoxicating liquor or be under the influence of alcohol or any other drug; and must not be present at any place where liquor is being consumed except in the ordinary course of the junior constable's or trainee's duties.

This Act does not apply to a State Service employee, or State Service officer, in relation to the possession of a firearm, firearm part or ammunition, in the course of the employee’s or officer’s duties, as such an employee or officer, in relation to – enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or the administration of justice – if the employee or officer does not consume any intoxicating liquor, and is not under the influence of alcohol or any other drug, while the firearm is in the employee’s or the officer’s possession.

In this section – junior constable means a junior constable as defined in the Police Service Act 2003; trainee means a trainee as defined in the Police Service Act 2003.

A person who is a member of the Naval Reserve Cadets, the Australian Cadet Corps or the Air Training Corps is not required to hold a licence that authorises the person to possess a firearm while the person possesses it – for the purposes of activities of the Cadets or the Corps of which the person is a member; and in accordance with any approved guidelines.

A person who is a police officer of the Australian Federal Police or another State or Territory of the Commonwealth is not required to hold a licence to possess or use a firearm while acting in the ordinary course of the police officer's duties in Tasmania.

This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

A person must not possess or use a firearm – unless the person is the holder of a firearms licence of the appropriate category as specified in Division 2 in respect of that firearm; or that is a firearm in relation to which a firearms licence may not be issued. Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

If a person possesses or uses a prohibited firearm – that is a firearm in relation to which a firearms licence may be issued, without being the holder of a firearms licence of the appropriate category as specified in Division 2 in respect of that firearm; or that is a firearm in relation to which a firearms licence may not be issued – the person is guilty of an indictable offence punishable under the Criminal Code.

A person is to apply for a firearms licence in accordance with Division 5 of this Part.