FIREARMS ACT 1997

Northern Territory Consolidated Acts

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FIREARMS ACT 1997

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY MATTERS

1. Short title
2. Commencement
3. Interpretation
4. Exemptions
4A. Application of Criminal Code

PART 2--ADMINISTRATION

5. Delegation
6. Fees
7. Register
8. Declarations by Commissioner

PART 3--LICENCES

Division 1--Application for licence

9. Application for licence
10. General restrictions on grant of licence
10AA. Restriction on grant of category H sports shooter's licence
10AB. Restriction on grant of firearms dealer licence
10AC. Restriction on grant of firearms collector licence
10AD. Restriction on grant of paintball operator licence
10A. General restrictions on grant of firearms dealer licence, firearms corporate licence, firearms museum licence and firearms club licence
11. Genuine reason for licence

Division 2--General provisions

12. Form of licence
13. General conditions of licence
14. Period of licence

Division 3--Shooter's licence

15. Shooter's licence

Division 3A--Category H sports shooter's licence

15A. Category H sports shooter's licence
15B. Procedure for obtaining licence
15C. Conditions of licence

Division 4--Firearms dealer licence

16. Firearms dealer licence
16A. Information about close associates of firearms dealers
16B. Possession of firearms held under firearms dealer licence
17. Security measures required by dealer
18. Records and returns to be kept by dealers
19. Production of firearms
21. Interstate transactions between dealers

Division 5--Firearms armourer licence

22. Firearms armourer licence
22A. Records to be kept by firearms armourer
23. Production of firearms and records

Division 6--Firearms collector licence

24. Firearms collector licence
25. Use of firearm under firearms collector licence

Division 6A--Antique firearms collector licence

25A. Antique firearms collector licence

Division 7--Firearms corporate licence

26. Firearms corporate licence
28. Firearms club junior licence
29. Firearms museum licence
29A. Possession of firearms held under firearms museum licence
30. Firearms heirloom licence
30A. Firearms club licence
30B. Records to be kept by firearms clubs
30C. Firearms instructor licence
30CA. Firearms employee licence

Subdivision 1--Paintball operator licences

30D. Effect of licence

Subdivision 2--Paintball employee licences

30E. Effect of licence
30F. Licence expires if holder ceases to be employee
30G. Disclosure of information by Commissioner to approved paintball operator

PART 4--PERMITS

31. Grant of permits
32. Application for permit
33. General restrictions on granting permits
33A. Possession and use of firearms by international competitors
34. General provisions relating to permits
35. Permits to purchase or acquire firearms
35A. Permits for category H sports shooters
35B. Limits on firearm ownership under category H sports shooter's licence
35C. Permits under firearms collector licence
35D. Restriction on granting paintball operator permit

PART 5--REGISTRATION OF FIREARMS

36. Registration of firearms
37. Duration of registration

PART 6--SURRENDER OR REVOCATION OF LICENCES, PERMITS AND CERTIFICATES OF REGISTRATION

38. Suspension of licence, permit or registration
39. Suspension on making of interim domestic violence order
40. Revocation of licence, permit or registration
40A. Revocation on basis of criminal intelligence
40B. Seizure of firearms on revocation
41. Surrender by holder
42. Suspension by police officer or Commissioner
43. Refusal or revocation by Commissioner
44. Disposal of firearms
45. Delivery of firearms to Commissioner for safekeeping

PART 7--SAFE KEEPING OF FIREARMS

46. Storage and safe keeping requirements
47. Seizure of firearms if storage requirements not met

PART 8--PREMISES USED BY FIREARMS CLUBS, FOR SHOOTING ACTIVITIES AND PAINTBALL RANGES

48. Premises used by firearms clubs and for shooting activities
49. Approval of premises used by firearms clubs and for shooting activities
49A. Approval of premises for use as paintball range

PART 8A--FIREARM PROHIBITION ORDERS

Division 1--Interpretation

49B. Definitions
49C. Meaning of firearm related item
49D. Meaning of prohibited premises

Division 2--Firearm prohibition orders

49E. Firearm prohibition order
49F. Considerations in making firearm prohibition order
49G. Form and content of order
49H. Duration of order
49J. Service of order
49K. Cancellation or suspension of licences, permits and certificates

Division 3--Review by NTCATNotes for Division

49L. Review by NTCAT – firearm prohibition orders
49M. Further right to apply for review by NTCAT
49N. Confidentiality of classified information

Division 4--Offences in relation to firearm prohibition orders

49P. Offence to contravene firearm prohibition order
49Q. Offence to engage in conduct resulting in another person contravening firearm prohibition order
49R. Offence to be at prohibited premises
49S. Offence to reside at premises where there are firearms or firearm related items
49T. Offence to be in company of person using firearm or firearm related item

Division 5--Police powers

49U. Search of person to whom firearm prohibition order relates without warrant or consent
49V. Search of associate without warrant or consent
49W. Search of premises, vehicles, aircraft or vessels without warrant or consent
49X. Search of person at premises, vehicles, aircraft or vessels without warrant or consent
49Y. Requirement to give name and address
49Z. Dealing with firearms or firearm related items surrendered or seized under this Part
49ZA. Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part

Division 6--Review of operation of Part

49ZB. Review of operation of Part

PART 9--REVIEW OF DECISIONS

50. Review by NTCAT – general
51. Constitution of NTCAT for review proceedings

PART 10--FIREARMS ADVISORY COUNCIL

55. Firearms Advisory Council
56. Functions and powers of Council
57. Meetings of Council

PART 11--OFFENCES

Division 1--Possession or use of firearms

58. Possession or use of firearms
58A. Obligation of supervisor
58B. Obligation of firearms club

Division 2--Offences relating to registration

59. Firearms to be registered
60. Alteration of certificate of registration

Division 2A--Certain offences outside Territory

60A. Conspiring to commit and aiding etc. commission of offence outside Territory

Division 2B--Offences relating to paintball

60B. Definition
60C. Prohibition of carrying on business of paintball operator without authority
60D. Information about close associates, representatives and employees
60E. Records and returns
60F. Prohibition on employing certain persons
60G. Production of firearms
60H. Possession and use of paintball firearm only at approved paintball range
60J. Restrictions on children playing paintball
60K. Paintball player must sign declaration and give identification
60L. Certain persons prohibited from playing paintball

Division 3--General offences

61. Manufacture of firearms
61A. Repair or modification of firearms
62. Purchase of firearms
63. Sale of firearms
63A. Trafficking in firearms
63B. Advertising firearm for sale
64. Use of mail for sending firearms
65. Use of mail for sending firearms outside the Territory
66. Transporting firearms
67. Disposal of firearms by unauthorised holders
68. Altering firearms
68A. Sale and purchase of ammunition
69. Possession of ammunition
70. Pawning of firearms prohibited
71. Misuse of licences and permits
73. Hiring or leasing firearms
74. Alteration of identification marks
75. Toy guns
76. Unsafe firearms
77. Silencers and machine-guns
78. Carrying firearms in public places
79. Discharge of firearms on certain land
80. Possession of firearms on certain land
81. Restriction on possession and use of firearms on certain vacant Crown land
82. Discharge of firearms on roads
83. Prohibited use of firearms
84. Discharge of firearm causing danger
85. Breach of conditions
86. Persons under influence of alcohol or drugs
87. Delivery of firearms to certain persons
88. Delivery of firearms to unlicensed persons
89. False or misleading statements
90. Matters to be notified
91. Requirements and directions to be complied with
91A. Notice of change of representative of certain licence and permit holders

PART 12--MISCELLANEOUS MATTERS

Division 1--Recognition of Interstate licences

92. Temporary recognition of interstate licences for shooting competition
93. Interstate residents moving to the Territory

Division 1A--Revocation, disqualification, forfeiture

93A. Revocation and disqualification
93B. Disqualification if aggravating circumstance
93C. No grant of licence or permit
93D. Court may order forfeiture
93E. No effect on general power

Division 2--General

93F. No review of certain decisions by Commissioner
94. Commissioner may require firearm to be lodged
95. Police may request names and addresses
96. Police may require production of licences and permits
96A. Police may require production of firearm
97. Searches in emergencies
98. Seizure
98A. Seizure etc. of firearm includes ammunition
99. Retention of certain seized firearms
99A. Storage of certain firearms
100. Protection from liability
101. Report to be made in certain circumstances
102. Disclosure of information by Commissioner in certain circumstances
103. Duplicate certificates and licences
104. Averments
104A. Evidence by certificate
105. Evidentiary – meaning of possession of a firearm etc.
106. Service of notices and documents
106A. Conduct of representatives
106B. Criminal liability of executive officer of body corporate
107. Criminal liability of executive officer of body corporate – deemed liability if body corporate commits offence
107A. Offences by representatives of licence and permit holders
108. Commencement of prosecutions
109. Regulatory offences
110. Certain category H firearms to be produced to Commissioner
110A. Voluntary surrender of category H firearms
111. Regulations
112. Review of Act

PART 13--TRANSITIONAL MATTERS

Division 1--Firearms Amendment Act 2003

113. Transitional

Division 2--Statute Law Amendment (Directors' Liability) Act 2015

114. Offences – before and after commencement

Division 3--Transitional matters for Statute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023

115. Definitions
116. Review of decisions and actions before commencement
117. Pending proceeding before former Tribunal
118. Appeals against decisions of former Tribunal not instituted before commencement
119. Appeals against decisions of former Tribunal not determined before commencement
120. Remittal of matters to NTCAT on appeals determined after commencement
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
ENDNOTES

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