Australian Capital Territory Numbered Regulations

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FIREARMS REGULATION 2008 (NO 55 OF 2008) - REG 15

Adult licence applications, information and documents—Act, s 54 (2) (b) and (c)

    (1)     An application mentioned in table 15, column 2 must contain the information, and be accompanied by any document, mentioned in column 3 in relation to the application.

    (2)     For table 15, items 16 and 17, the following people are prescribed:

        (a)     an officer of, or volunteer working for, the Royal Society for the Prevention of Cruelty to Animals;

        (b)     a veterinary surgeon;

        (c)     a person engaged or employed by the administrative unit responsible for the Pest Plants and Animals Act 2005 ;

Note     For the administrative unit responsible for the Pest Plants and Animals Act 2005 see the Administrative Arrangements under the Public Sector Management Act 1994 .

        (d)     a drover or a person who, because he or she transports, handles or otherwise deals with animals, may be required to destroy an animal.

    (3)     In this section:

"veterinary surgeon"—see the Health Professionals Regulation 2004 , schedule 12, clause 12.1.

Table 15

column 1

item

column 2

application

column 3

required information and documentation

1

application for renewal of a category A, category B or category H licence if—

(a)     the genuine reason for possessing or using the firearm is for sport or target shooting; and

(b)     the application does not carry the stamp of an approved club signed by the club's senior instructor

a document signed by an office-holder of the approved club confirming that the applicant is a current financial member of the club

2

application for a category A or category B licence if the genuine reason for possessing or using the firearm is recreational hunting or vermin control on specified rural land

(a)     the written authority of the owner or occupier of the land to hunt or control vermin on the land;

(b)     the name and address of the owner or occupier of the land;

(c)     the telephone number of the owner or occupier;

(d)     the name (if any), location and size of the land;

(e)     what the applicant is allowed to hunt or control;

(f)     dates when the applicant has permission to hunt or control

3

application for a category A or category B licence if the genuine reason for possessing or using the firearm is recreational hunting or vermin control on land within a reserved area

an authorisation given by a State or another Territory that authorises the applicant to use a firearm on land within a stated reserved area for recreational hunting or vermin control, or a certified copy of the authorisation

4

application for a category A or category B licence if the genuine reason for possessing or using the firearm is primary production

(a)     the name (if any), location and size of the land the applicant uses for primary production;

(b)     documentation that demonstrates that—

(i)     the applicant's occupation is the business of a primary producer; or

(ii)     the applicant is the owner, lessee or manager of land used for primary production;

(c)     a statement signed by the applicant to the effect that the applicant intends to use the firearm solely in connection with farming or grazing activities

5

application for a category C licence if the genuine reason for possessing or using the firearm is primary production

(a)     a signed statement by the applicant to the effect that—

(i)     the applicant has a genuine occupational need to use a category C firearm because his or her occupation is related to primary production; and

(ii)     the occupational need cannot be satisfied by the use of a firearm that is not prohibited; and

(iii)     the applicant will not use the firearm to which the application relates except in connection with primary production;

(b)     particulars or relevant documents (if any) that support the statements in paragraph (a) (i) and (ii)

6

application for a category C licence if the genuine reason for possessing or using the firearm is vertebrate pest animal control

(a)     a statement signed by the applicant to the effect that—

(i)     the applicant has a genuine occupational need to use a category C firearm for the purposes of vertebrate pest animal control; and

(ii)     the occupational need cannot be satisfied by the use of a firearm that is not prohibited; and

(iii)     the applicant will not use the firearm to which the application relates except in connection with primary production or the genuine occupational need or for the purpose of protecting the environment from the effects of vertebrate pest animals;

(b)     particulars or relevant documents (if any) that support the statements in paragraph (a) (i) and (ii)

7

application for a category D licence

(a)     a statement signed by the applicant to the effect that—

(i)     the applicant has a genuine occupational need to possess or use a category D firearm for the purposes of vertebrate pest animal control; and

(ii)     if the applicant is a person mentioned in the Act, table 61, item 4 (the genuine reason of vertebrate pest animal control), column 3, paragraph (a) or (b)—the occupational need cannot be met by the use of a firearm that is not prohibited; and

(iii)     if the applicant is a person mentioned in the Act, table 61, item 4, column 3, paragraph (c)—the occupational need cannot be met in any other way; and

(iv)     if the applicant is a person mentioned in the Act, table 61, item 4, column 3, paragraph (a) or (b)—the applicant will not use the firearm to which the application relates except in connection with primary production or the genuine occupational need, or for the purpose of protecting the environment from the effects of vertebrate pest animals; and

(v)     if the applicant is a person mentioned in the Act, table 61, item 4, column 3, paragraph (c)—the applicant will not use the firearm to which the application relates except in connection with the campaign mentioned in the Act, table 61, item 4, column 3, paragraph (c);

(b)     information or relevant documents (if any) that support the statements in subparagraphs (i) to (v)

8

application for a category H licence if the genuine reason for possessing or using the firearm is business

(a)     a statement signed by the applicant to the effect that—

(i)     in the ordinary course of the applicant's business the applicant receives, carries or escorts not less than $30 000 of money or valuables more than once each month; and

(ii)     the applicant intends to continue carrying on the business for the next 12 months; and

(iii)     the applicant has passed an examination in the safe handling and use of a category H firearm conducted by an authorised instructor;

(b)     particulars or relevant documents (if any) supporting the applicant's statement

9

application for a category H licence if the genuine reason for possessing or using the firearm is employment by a security business

a certificate from the person in charge of a security business stating—

(a)     that the applicant is employed, or is to be employed, by the business and will be required to possess a category H firearm in the course of that employment; and

(b)     whether the applicant will be required to wear a uniform; and

(c)     whether the applicant will be required to carry the firearm concealed or whether it will be visible to the public

10

application for the renewal of a category H licence if the genuine reason for possessing or using the firearm is employment by a security business

(a)     a certificate from a person in charge of a security business that employs the applicant stating that the particulars provided in relation to the initial application for the licence are still correct or, if they are not, how they have changed;

(b)     a document that establishes that the applicant has passed an examination in the safe handling and use of a category H firearm conducted by an authorised instructor within the period of 90 days immediately before the date of the application

11

application for a category A or category B licence if the genuine reason for possessing or using the firearm is employment by other than a security business

(a)     the name of the employer and a description of the employer's business;

(b)     a statement signed by or on behalf of the employer to the effect that—

(i)     the employer employs or intends to employ the applicant; and

(ii)     the applicant will be required to use or possess a category A or category B firearm in the course of that employment

12

application for the renewal of a category A or category B licence if the genuine reason for possessing or using the firearm is employment by other than a security business

a certificate from the applicant's employer stating that the particulars provided in relation to the initial application are still correct or, if they are not, how they have changed

13

application for a category C licence if the genuine reason for possessing or using the firearm is employment (other than by a security business) or occupational requirements relating to rural purposes

(a)     a statement signed by the applicant to the effect that—

(i)     the applicant has a genuine occupational need to use a category C firearm that, if relevant, relates to rural purposes; and

(ii)     the need cannot be satisfied by using a firearm that is not prohibited; and

(iii)     the firearm will be used solely in connection with the applicant's occupation;

(b)     particulars or documents (if any) supporting paragraph (a) (i) and (ii)

14

application for a category A or category B licence if the genuine reason for possessing or using the firearm is occupational requirements relating to rural purposes

(a)     a signed statement from a person to the effect that—

(i)     the applicant is employed by the person in a rural occupation; and

(ii)     for the purposes of that employment the applicant is required to use or possess a category A or category B firearm; and

(iii)     the name (if any), location and size of any property where the applicant will be employed;

(b)     the approximate hours and days when the applicant will be employed

15

application for the renewal of a category A or category B licence if the genuine reason for possessing or using the firearm is occupational requirements relating to rural purposes

a statement signed by the applicant's employer stating that the particulars provided in relation to the initial application are still correct or, if they are not, how they have changed

16

application for a category A or category B licence if the genuine reason for possessing or using the firearm is animal welfare and the applicant is a prescribed person

(a)     particulars of the location where the applicant is employed or works;

(b)     a statement signed by the applicant's employer or, if the applicant is not employed by another person, by the applicant stating that the applicant is required to possess a firearm for the purposes of his or her occupation

17

for an application for the renewal of a category A or category B licence if the genuine reason for possessing or using the firearm is for animal welfare and the applicant is a prescribed person

a signed statement from the employer of the applicant or, if the applicant is not employed by another person, by the applicant confirming that the applicant is still required to possess a firearm in accordance with the initial application or outlining any changes to the particulars contained in that application

18

for an applicant whose genuine reason for possessing or using a firearm is firearms collection

a document from the approved collectors club of which the applicant is a member stating that—

(a)     the applicant is a member of the club; and

(b)     for a licence that permits the applicant to collect pistols manufactured after 1946—the collection has a thematic structure and the applicant researches or studies firearms; and

(c)     for a licence that permits the applicant to collect any other kind of firearm—the collection has a genuine historical or thematic structure or a genuine commemorative or investment value

19

application for an heirlooms licence

for the firearm that is the subject of the application—

(a)     the age of the firearm; and

(b)     the type of firearm; and

(c)     how the firearm came into the possession of the family; and

(d)     the length of time that the firearm has been in the possession of the family



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