Firearms Act 1996

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.