South Australian Current Acts

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FIREARMS ACT 2015 - SECT 31

31—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.



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