Savings and Transitional Provisions
Schedule 3 Savings and Transitional Provisions
Section 164
1. Interpretation In this Schedule –
approved rifle club means a rifle club approved under the former Act;
commencement day means the day on which this Act commences;
former Act means the Guns Act 1991;
former licence means a licence that – was issued under the former Act; and was in force immediately before the commencement day;
former permit means a permit that – was issued under the former Act; and was in force immediately before the commencement day;
fully-automatic gun means a fully-automatic gun as defined by the former Act;
gun-dealers licence means a gun-dealers licence as defined by the former Act;
prohibited gun means a prohibited gun as defined by the former Act.
approved rifle club means a rifle club approved under the former Act;
approved rifle club
commencement day means the day on which this Act commences;
commencement day
former Act means the Guns Act 1991;
former Act
former licence means a licence that –
former licence
was issued under the former Act; and
was in force immediately before the commencement day;
former permit means a permit that –
former permit
was issued under the former Act; and
was in force immediately before the commencement day;
fully-automatic gun means a fully-automatic gun as defined by the former Act;
fully-automatic gun
gun-dealers licence means a gun-dealers licence as defined by the former Act;
gun-dealers licence
prohibited gun means a prohibited gun as defined by the former Act.
prohibited gun
2. Former licence
A former licence continues in force until whichever of the following occurs first:
the end of a period of 12 months after the commencement day;
the surrender of the licence.
The Commissioner may impose on the former licence –
any condition specified in section 46; and
any other condition the Commissioner considers appropriate.
The Commissioner may cancel a former licence if –
of the opinion that the holder is no longer a fit and proper person to hold the licence; or
the holder fails to comply with any condition of the licence.
A gun-dealers licence continued under this clause does not authorise the holder to sell a firearm to a person who is not authorised by permit to acquire the firearm.
3. Former permit
A former permit continues in force until whichever of the following occurs first:
the end of a period of 12 months after the commencement day;
the end of the period specified in the permit;
the surrender of the permit under this Act.
The Commissioner may impose on the former permit any condition the Commissioner considers appropriate.
The Commissioner may cancel a former permit if –
of the opinion that the holder is no longer a fit and proper person to hold the permit; or
the holder fails to comply with any condition of the permit.
4. Certificate of pistol registration
A certificate of registration in force under the former Act immediately before the commencement day in respect of a pistol is, on that day, a certificate of registration in respect of that pistol under this Act.
A certificate of registration referred to in subclause (1) continues in force until whichever of the following occurs first:
the end of a period of 12 months after the commencement day;
the registration ceases to be valid.
5. Registration The holder of a former licence continued under clause 2 must register any firearm the holder possesses within 6 months, or such further period as the Minister may determine, after the commencement day.
6. Approvals Any approval granted under the former Act and in force immediately before the commencement day is, on that day, an approval under this Act.
7. Records and returns Any records or returns kept or made under the former Act immediately before the commencement day are, on that day, records or returns kept or made under this Act.
8. Register A register kept under the former Act immediately before the commencement day is, on that day, part of the register kept under this Act.
9. Proceedings Any proceedings instituted under the former Act and not determined before the commencement day may, on or after that day, be determined under the former Act.
10. Appeals Any appeal instituted under the former Act and not determined before the commencement day may, on or after that day, be determined under the former Act.
11. Safety courses
Any course relating to gun safety and gun handling approved under the former Act before the commencement day is, on that day, an approved firearms safety course.
The holder of a former licence is not required to complete a firearms safety course in respect of an application for a Category A firearms licence, Category B firearms licence, Category C firearms licence or Category D firearms licence.
The holder of a former permit is not required to complete a firearms safety course in respect of an application for a Category H firearms licence.
12. Amnesty relating to prohibited firearms
This clause applies to the following:
self-loading rim-fire rifles;
self-loading centre-fire rifles;
self-loading shotguns;
pump action shotguns.
A person does not commit an offence under section 9 or 10 in respect of a prohibited firearm referred to in subclause (1) if the person –
lawfully acquired the firearm before the commencement day; and
is not the holder of a licence under this Act authorising the person to possess the firearm.
Subclause (2) applies for a period of 12 months starting on the commencement day.
This clause does not authorise a person to use a firearm referred to in subclause (1) without the authority of a licence.
13. Payment of fees not required on initial application of licence Notwithstanding section 28(2)(e), a person who held a former licence in respect of a firearm is not required to pay a fee in respect of the initial application for a licence relating to that firearm.
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