New South Wales Consolidated Regulations

FIREARMS REGULATION 2017 - REG 140

140 Amnesty for registration of firearms, firearm frames and firearm receivers

(1) A person is exempt from the possession restrictions of the Act in respect of a firearm while in possession of the firearm at a participating dealer, or while proceeding to a participating dealer, for the purposes of applying for registration of the firearm.

(2) A person is exempt from the possession restrictions of the Act in respect of a firearm that the person has in the custody of a participating dealer from the time the firearm is taken into the custody of the participating dealer until an application for registration of the firearm is made, but only if the application is made within 24 hours after the firearm is taken into the custody of the participating dealer.

(3) A person is exempt from the possession restrictions of the Act in respect of a firearm while an application for registration of the firearm is pending, but only if--

(a) the application is made by a participating dealer or by a person who holds an appropriate licence or permit for the firearm, or

(b) the application (referred to in this clause as an
"unlicensed person application" ) is made by a person in conjunction with an application by the person for an appropriate licence or permit for the firearm and at all times when those applications are pending the firearm is held in the custody of a participating dealer.

(4) If an unlicensed person application is granted, the transfer of possession of the firearm to the applicant from the custody of the participating dealer in whose custody the firearm is held is deemed (for the purposes of provisions of the Act relating to the supply and acquisition of firearms) to constitute the supply of the firearm by the participating dealer and the acquisition of the firearm by the applicant.

Note : This requires the applicant to have a permit to acquire the firearm.

(5) After a firearm has been registered in the name of a participating dealer pursuant to an application for registration, a person is exempt from the possession restrictions of the Act in respect of the firearm while the person has the firearm in the custody of the participating dealer.

(6) An application is
"pending" from when the application is made until the application is granted or, if the application is refused, until the end of the appeal period for the application.

(7) This clause applies, with necessary modifications, to a firearm frame or firearm receiver in the same way as it applies to a firearm.

(8) In this clause--

"appeal period" for an application means the period that runs from when the application is refused until the end of the period within which an application for administrative review of a relevant decision about the application may be made as of right or (if an application for administrative review is made within that period) until the application for administrative review is withdrawn or finally determined.

"appropriate licence or permit" for a firearm means a licence or permit that would authorise possession of the firearm if the firearm were registered.