South Australian Current Acts South Australian Current Acts (1) This Act (other
than section 51) does not apply to the Crown in right of this State or to
the Crown in any other capacity.
(2) Subject to
subsection (3), this Act does not apply to—
(a)
(international visitor firearms permits) the possession or use of a firearm by
a person who holds an international visitor firearms permit, provided that the
person's possession or use of the firearm is authorised by the permit and the
person acts in accordance with the conditions of the permit; or
(b)
(foreign theatrical armourer permits) the possession or use of a firearm by a
person who holds a foreign theatrical armourer permit, provided that the
person's possession or use of the firearm is authorised by the permit and the
person acts in accordance with the conditions of the permit; or
(c)
(foreign firearms dealer permits) the possession or use of a firearm, a
firearm part or ammunition by a person who holds a foreign firearms
dealer permit, provided that the person's possession or use of the firearm,
firearm part or ammunition is authorised by the permit and the person acts in
accordance with the conditions of the permit; or
(d)
(firearm refurbishment permits) the possession of a firearm by a person who
holds a firearm refurbishment permit, provided that the person's possession of
the firearm is authorised by the permit and the person acts in accordance with
the conditions of the permit; or
(e)
(shooters at commercial ranges or shooting galleries) a person's possession or
use of a category A, B or H firearm on the range of a
recognised commercial range operator, or of a shooting gallery firearm at a
shooting gallery, in the ordinary course of the operation of the range or
gallery, provided that the operator of the range or gallery holds a
firearms licence authorising possession of the firearm for the purpose and the
possession or use of the firearm on the range or at the gallery is under the
continuous supervision of a person who holds a licence authorising possession
of the firearm for the purpose; or
(f)
(adult shooters on grounds of shooting club) the possession or use of a
category A, B or H firearm by a person 18 years of age or more on the grounds
of a shooting club for the purpose of shooting in a manner authorised by the
club, provided that the person's possession or use of the firearm on the
grounds is under the continuous supervision of a person who holds a licence
authorising possession of the firearm for the purpose; or
(g)
(junior shooters on grounds of shooting club) the possession or use of a
category A, B or H firearm by a person 10 years of age or more but under the
age of 18 years on the grounds of a shooting club for the purpose of shooting
in a manner authorised by the club, provided that—
(i)
the person is a member of a shooting club; and
(ii)
the person is (with the consent of his or her parent or
guardian) with, and is under the continuous supervision of, a recognised coach
who holds a firearms licence authorising possession of the firearm for the
purpose for which it is being used; or
(h)
(accredited paint-ball employee) a person's possession or use of a
paint-ball firearm as an employee of a recognised paint-ball operator on the
grounds of the paint-ball operator in the ordinary course of paint-ball
shooting operations on the grounds, provided that the paint-ball operator
holds a firearms licence authorising possession of the firearm for the purpose
and the person is an accredited paint-ball employee; or
(i)
(paint-ball shooters) the possession or use of a
paint-ball firearm by a person 10 years of age or more on the
grounds of a recognised paint-ball operator in the ordinary course of
paint-ball shooting operations on the grounds, provided that the
paint-ball operator holds a firearms licence authorising possession of the
firearm for the purpose and the possession or use of the firearm on the
grounds is under the supervision of—
(i)
the operator; or
(ii)
a person who is engaged as an employee in the business of
the operator; or
(j)
(transport and storage businesses) a person's possession of a firearm (other
than a prescribed firearm), in the ordinary course of the business of
transporting or storing goods (other than as a dealer), except that the person
carrying on the business must comply with the requirements of this Act
relating to the transport or storage of firearms, firearm parts or ammunition;
or
(k)
(executors, administrators etc) a person's possession of a firearm in a
representative capacity while authorised under an Act or law to manage the
estate or property of another who has died, lacks legal capacity, is unable to
manage his or her affairs or is insolvent, provided that the person—
(i)
provides the Registrar, not more than 28 days after
coming into possession of the firearm, with written notice in a form approved
by the Registrar giving details of the firearm and the circumstances in which
the firearm has come into the person's possession; and
(ii)
ensures that the transport or storage of the firearm is
in compliance with the requirements of this Act relating to the transport or
storage of firearms; and
(iii)
disposes of the firearm, as soon as practicable but in
any event within 28 days of the person coming into its possession, to a person
authorised under this Act to have possession of it or by surrendering it to
the Registrar; or
(l)
(inspecting dealer's stock) a person's handling of a firearm—
(i)
at the premises of a licensed dealer; or
(ii)
in the presence of a licensed dealer or a person who
holds a foreign firearms dealer permit at an arms fair,
for the purpose of inspecting the firearm; or
(m)
(testing dealer's stock) a person's possession or use of a firearm that the
person is considering acquiring from a licensed dealer or a person who holds a
foreign firearms dealer permit, for the purpose of testing the firearm,
provided that—
(i)
the possession and use occurs in the presence, and under
the supervision, of the licensed dealer or person holding the foreign firearms
dealer permit; and
(ii)
the person holds a firearms licence authorising
possession of the category of firearm; and
(iii)
the possession and use occurs—
(A) at a place approved by the Registrar
for the purposes of this paragraph; or
(B) in the case of a category A, B or H
firearm—on the range of a recognised commercial range operator if the
use of the category of firearm is permitted by, and is in accordance with, the
rules of the recognised commercial range operator and the conditions of the
approval of the range of the commercial range operator; or
(C) in the case of a category A, B, C or H
firearm—on the grounds of a shooting club if the use of the category of
firearm is permitted by, and is in accordance with, the rules of the club and
the conditions of the approval of the grounds of the club; or
(n)
(handling in presence of owner) a person's handling of a firearm in the
presence, and with the consent, of another who holds a firearms licence
authorising possession of the firearm and is the registered owner of the
firearm or an employee or agent of the registered owner of the firearm; or
(o)
(safety training) a person's possession or use of a firearm for the purpose of
training or an examination in the safe handling, use, storage and transport of
firearms if the person is with, and is under the continuous supervision of, a
person authorised by the Registrar to conduct the training or examination; or
(p)
(supervised use) the possession or use of a category A, B or H firearm by
a person 18 years of age or more (other than as an employee of a
licensed dealer) if the person is with, and is under the continuous
supervision of, a person who holds a firearms licence authorising possession
of the firearm for the purpose for which it is being used; or
(q)
(supervised use by 14 to 18 year-olds) the possession or use of a
category A, B or H firearm by a person 14 years of age or more
but under the age of 18 years if—
(i)
the person is with, and is under the continuous
supervision of, his or her parent or guardian or some other person approved by
his or her parent or guardian; and
(ii)
the person providing the supervision holds a
firearms licence authorising possession of the firearm for the purpose for
which it is being used; or
(r)
(supervised use by 10 to 14 year-olds) the possession or use of a
category A firearm or an air handgun by a person 10 years of age or
more but under the age of 14 years if—
(i)
the person is with, and is under the continuous
supervision of, his or her parent or guardian or some other person approved by
his or her parent or guardian; and
(ii)
the person providing the supervision holds a
firearms licence authorising possession of the firearm for the purpose for
which it is being used; or
(s)
(possession on behalf of Crown) the possession of a firearm by a person on
behalf of the Crown.
(3) A person is not
excluded from the application of this Act under subsection (2) if the
person—
(a) is
suspended from holding a firearms licence, or a similar licence or
authorisation under corresponding legislation of another State or Territory of
the Commonwealth; or
(b) has
been the holder of a firearms licence, or a similar licence or authorisation
under corresponding legislation of another State or Territory of the
Commonwealth, that has been cancelled; or
(c) is
prohibited from possessing or using a firearm by an order of a court whether
in South Australia or any other State or Territory of the Commonwealth or by a
firearms prohibition order or a similar order under corresponding legislation
of another State or Territory of the Commonwealth; or
(d)
handles a firearm while so much under the influence of intoxicating liquor or
a drug as to be incapable of exercising effective control of the firearm.
(4) If this Act does
not apply to the possession or handling of a firearm by a person in
circumstances referred to in subsection (2), this Act does not apply to
the acquisition of the firearm by the person in those circumstances.
(5) The regulations
may exempt, or empower the Registrar to exempt, classes of persons or firearms
from the application of this Act or provisions of this Act, absolutely or
subject to conditions.
(6) The Registrar may
exempt a specified person, absolutely or subject to conditions, from specified
provisions of this Act and may vary or revoke an exemption by written notice
served personally or by registered post on the holder of the exemption.
(7) In this
section—
"air handgun" means a handgun designed to fire shot, bullets or other
projectiles by means of compressed air or other compressed gas and not by
means of burning propellant.