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This is a Bill, not an Act. For current law, see the Acts databases.
Firearms Amendment (Gun Safety) Bill
2012
No , 2012
A Bill for
An Act to amend the Firearms Act 1996 to delete section 6B from the Act so as to
prevent persons without a licence or permit to possess or use a firearm from having
access to and the ability to discharge firearms, and for other purposes.
Clause 1 Firearms Amendment (Gun Safety) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Firearms Amendment (Gun Safety) Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Firearms Amendment (Gun Safety) Bill 2012
Amendment of Firearms Act 1996 No 46 Schedule 1
Schedule 1 Amendment of Firearms Act 1996 No 46 1
Section 6B Exemption for unlicensed persons shooting on approved 2
ranges and for persons undertaking firearms safety training courses 3
Omit the section. 4
Page 3
Firearms Amendment (Gun Safety) Bill 2012
Schedule 2 Amendment of Firearms Regulation 2006
Schedule 2 Amendment of Firearms Regulation 2006 1
[1] Clause 25 Recognition of interstate licences--additional purposes 2
Omit clause 25 (1) (e) and (2) (b). 3
[2] Clause 88 Special conditions relating to shooting ranges 4
Omit clause 88 (a). 5
[3] Clause 109A Exemption for unlicensed persons shooting on approved 6
ranges 7
Omit the clause. 8
[4] Clause 110 Requirements relating to exemption for unlicensed persons 9
shooting on approved ranges and for persons undertaking firearms 10
safety training courses 11
Omit the clause. 12
[5] Clause 112 13
Insert before clause 113: 14
112 Exemption relating to persons undertaking firearms safety
training courses
(1) In this clause: 15
regulated firearms safety training course means: 16
(a) the course known as the Firearms Licence Qualification 17
Course, or 18
(b) any other approved course conducted by or on behalf of an 19
approved person or body. 20
(2) A person or body conducting a regulated firearms safety training 21
course must record, in the approved form and manner, the 22
following particulars: 23
(a) the name of any person who applies to undertake the 24
course, 25
(b) such other particulars as may be specified by the 26
Commissioner. 27
(3) A person who undertakes a regulated firearms safety training 28
course is, during the period specified in subclause (4), exempt 29
from the requirement under the Act to be authorised by a licence 30
to possess or use a firearm if the person does so: 31
(a) while participating in the course, and 32
Page 4
Firearms Amendment (Gun Safety) Bill 2012
Amendment of Firearms Regulation 2006 Schedule 2
(b) except in such cases as may otherwise be approved--while 1
under the direct supervision of a person who: 2
(i) is approved by the Commissioner under 3
clause 122 (4) as a firearms licence qualification 4
instructor, and 5
(ii) is appointed by the person or body conducting the 6
course, and 7
(iii) is the holder of a licence that authorises the person 8
to possess and use the firearm. 9
(4) An exemption under this clause: 10
(a) commences when the person begins the regulated firearms 11
safety training course, and 12
(b) ends when that course is completed (or, if the person 13
ceases the course at an earlier date, on that earlier date). 14
[6] Clause 122 Firearms safety training courses 15
Insert after clause 122 (6): 16
(7) It is a condition of the approval under subclause (4) of a person 17
to be an instructor for a firearms safety training course that the 18
person must ensure that each person who, in accordance with 19
clause 112, possesses or uses a firearm while participating in the 20
course but who is not authorised by a licence or permit to do so, 21
completes and signs a form containing the following questions 22
before the person uses any firearm as part of the course: 23
(a) Have you, in New South Wales or elsewhere: 24
(i) been refused or prohibited from holding a firearms 25
licence or permit or had a firearms licence or permit 26
suspended, cancelled or revoked? 27
(ii) been the subject of a firearms prohibition order? 28
(iii) within the last 10 years, been convicted of an 29
offence involving firearms, weapons, prohibited 30
drugs, robbery, violence or terrorism? 31
(iv) within the last 10 years, been convicted of an 32
offence of a sexual nature? 33
(v) within the last 10 years, been the subject of a family 34
law or domestic violence order or an apprehended 35
violence order (other than an order that was 36
revoked)? 37
(b) Are you currently, in New South Wales or elsewhere: 38
(i) subject to a good behaviour bond? 39
Page 5
Firearms Amendment (Gun Safety) Bill 2012
Schedule 2 Amendment of Firearms Regulation 2006
(ii) subject to an interim apprehended violence order? 1
(iii) suffering from any mental illness or other disorder 2
that may prevent you from using a firearm safely? 3
(8) It is a condition of any such approval that the instructor must: 4
(a) prevent a person from possessing or using a firearm at the 5
shooting range, or as part of the course, if the person has 6
answered "Yes" to any of the questions set out in 7
subclause (7), and 8
(b) record the name, address and date of birth of each person 9
who possesses or uses a firearm as part of the course in 10
accordance with clause 112, and 11
(c) make available for inspection, by the Firearms Registry of 12
the NSW Police Force, any record made under 13
paragraph (b) and any completed and signed forms under 14
subclause (7). 15
(9) Without limiting the operation of subclause (8) (a), if the person 16
concerned has answered "Yes" to any of the questions set out in 17
subclause (7), the instructor must prevent the person from 18
possessing or using a firearm at the shooting range or as part of 19
the course. 20
Maximum penalty: 50 penalty units. 21
(10) The instructor must ensure that the person who is possessing or 22
using a firearm at the shooting range, or as part of the course, 23
does so only while under direct supervision as required by 24
clause 112. 25
Maximum penalty: 50 penalty units. 26
(11) The record under subclause (8) (b) must also include details of 27
the photo identification of the person concerned or, if the person 28
is a minor, details of the photo identification of a parent or 29
guardian of the minor and a copy of the parent's or guardian's 30
written consent to the minor possessing or using the firearm. 31
Page 6
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