South Australian Current Acts South Australian Current Acts31—Acquisition and possession of ammunition
(1) A person who
acquires, owns or has possession of ammunition is guilty of an offence
unless—
(a) the
person is the holder of a firearms licence that authorises possession of a
firearm of a category designed to fire that ammunition (not being a licence
authorising possession of firearms for the purpose only of collecting, or
collecting and displaying, the firearms or a licence authorising possession of
a prescribed firearm); or
(b)
—
(i)
the person is the holder of a firearms licence
authorising possession of a prescribed firearm designed to fire that
ammunition; and
(ii)
use of that ammunition in the prescribed firearm would
not be in contravention of a condition of the licence; or
(c) the
person is the holder of a permit granted by the Registrar under
section 32 that authorises the person to possess ammunition of that kind.
(2)
Subsection (1) does not apply to—
(a) the
acquisition, ownership or possession of ammunition—
(i)
by a licensed dealer in the ordinary course of the
person's business under the licence; or
(ii)
by a shooting club for distribution to members of, or
visitors to, the club; or
(iii)
by a person for use by that person in a firearm in
circumstances in which that person is not required by this Act to hold a
firearms licence (including, subject to subsection (10), where that
person is under the age of 18 years); or
(b) the
acquisition of ammunition by a member of a shooting club from the club
(including, subject to subsection (10), where that member is under the
age of 18 years); or
(c) the
acquisition of ammunition from a shooting club by a visitor to the club
(including, subject to subsection (10), where that visitor is under the
age of 18 years) or the possession of that ammunition by the visitor for
use on the grounds of the club in a manner authorised by the club.
(3) In proceedings for
an offence under subsection (1), the onus is on the defendant to prove
that he or she held the required licence or permit when the ammunition was
acquired, owned or possessed or that the acquisition, ownership or possession
of the ammunition was excluded from the application of this section by virtue
of subsection (2).
(4) A person who
supplies ammunition to another person is guilty of an offence if the other
person is not authorised to possess the ammunition.
(5) In proceedings for
an offence under subsection (4), the onus is on the defendant to prove
that he or she was entitled to supply the ammunition to the other person by
virtue of subsection (2).
(6) A person who has
possession of ammunition is guilty of an offence if the ammunition was
acquired by another person in contravention of this section.
(7) It is a defence to
a charge for an offence under subsection (6) to prove that the defendant
did not know, and could not reasonably be expected to have known, that the
ammunition was acquired by the other person in contravention of this section.
(8) If the Registrar
cancels or suspends a permit authorising possession of ammunition, the
Registrar may authorise the person who held the permit to retain the
ammunition for disposal, or transfer the ammunition to a licensed dealer for
disposal or safekeeping, in accordance with the directions of the Registrar.
(9) No criminal
liability attaches to a person to the extent that he or she complies with an
authorisation of the Registrar, and any related directions, under
subsection (8).
(10) Despite anything
in this section, a person under 18 years of age must not purchase or own
ammunition.
Maximum penalty: $5 000 or imprisonment for 1 year.
(11) A person who
sells ammunition to a person under 18 years of age is guilty of an offence.
(12) Subject to this
section, the maximum penalty for an offence under this section is $10 000
or imprisonment for 2 years.