FIREARMS REGULATIONS 2017

South Australian Current Regulations

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FIREARMS REGULATIONS 2017 - SCHEDULE 1

Schedule 1—Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items

Note—

The penalty for each category of offence is set out in Part 6 of the Act.

Part 1—Preliminary

1—Short title

This code may be cited as the Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items .

2—Interpretation

(1) In this code of practice, unless the contrary intention appears—

building does not include an outbuilding;

cctv system means a closed circuit television system or digital equivalent that is maintained and in good working order;

container means a container that is strong and structurally sound, made of timber, metal, fibreglass or injection moulded hard thermoplastic and is fitted with a substantial locking mechanism and strong hinges;

display level 1 —a firearm or firearm part or ammunition is secured in accordance with the requirements of display level 1 if it is—

(a) secured in a locked display cabinet fitted with glass or other material that is of sufficient strength so as to be reasonably expected to prevent unlawful entry; or

(b) in the case of a firearm or firearm part or ammunition that is of a design or type to which the following requirements are capable of applying—secured to a solid wooden or metal bench, or a solid and structurally strong plastic table, by means of a steel cable—

(i) that is not less than 4 millimetres in diameter; and

(ii) that passes through the trigger guard (if present) or some other part of the firearm, firearm part or ammunition; and

(iii) that is fixed to the bench or table with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm, firearm part or ammunition;

display level 2 —a firearm is secured in accordance with the requirements of display level 2 if—

(a) the firearm is secured to a strong metal rack by means of—

(i) a steel cable not less than 4 millimetres in diameter that passes through the trigger guard or some other part of the firearm and is locked with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm from the rack; or

(ii) a solid steel rod or bar not less than 10 millimetres in diameter that is fitted in such a manner, and locked with a locking mechanism of sufficient strength, so as to be reasonably expected to prevent unlawful removal of the firearm from the rack; and

(b) the rack to which the firearm is secured is attached to the premises in which the firearm is kept by securing it to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises;

display level 3 —a firearm is secured in accordance with the requirements of display level 3 if—

(a) the firearm is secured in a locked display cabinet that is of solid construction made of metal and laminated glass that is of a thickness of not less than 7.5 millimetres; and

(b) the display cabinet referred to in paragraph (a) is attached to the premises in which the firearm is kept by securing it to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises; and

(i) the trigger of the firearm within the display cabinet is immobilised by means of a trigger lock or other immobilisation device; or

(ii) the firearm is secured to the display cabinet by means of a steel cable of not less than 4 millimetres in diameter that passes through the trigger guard or other part of the firearm and is locked with a locking mechanism of sufficient strength so as to be reasonably expected to prevent unlawful removal of the firearm; or

(iii) the firing pin of the firearm is removed and the firing pin is not secured in the display cabinet with the firearm;

intruder alarm system means an intruder alarm system that is maintained and in good working order and complies with the following requirements:

(a) the alarm system must be connected to the mains power of the premises in which it is installed and contain a battery backup in case of power failure;

(b) the alarm system must incorporate a sensor system to detect the breaking of external glass windows or to detect movement by way of a microwave, passive infrared, ultrasonic or other similar detection system;

(c) each sensor of a sensor system referred to in paragraph (b) must have an anti-tamper circuit that operates continuously whether the alarm is activated or not;

(d) the controls for the alarm system must, so far as is reasonably practicable, be located out of sight and protected against access by an unauthorised person;

key includes a key or key card, combination or key code, electronic access code or other means of unlocking or disabling a lock or other security mechanism;

level 1 safe means a safe that complies with the following requirements:

(a) the body and door of the safe must be made of structural grade mild steel that is of a thickness of not less than 2 millimetres;

(b) the door of the safe must be—

(i) recessed or flush fitted and sized to prevent leverage points; and

(ii) fitted with—

(A) a 3 point locking mechanism activated by an internal key or electronic lock, or a pin combination lock or pick resistant deadlock or biometric fingerprint scanner; or

(B) an external lock—

• the body of which is not less than 40 millimetres wide and has a hardened steel shackle; and

• that is fitted with a cover so as to prevent the lock from being cut, removed, breached or otherwise tampered with;

level 2 safe means a safe that complies with the following requirements:

(a) the body and door of the safe must be made of structural grade mild steel that is of a thickness of not less than 3 millimetres;

(b) the door of the safe must be—

(i) recessed or flush fitted and sized to prevent leverage points; and

(ii) fitted with—

(A) a 3 point locking mechanism activated by an internal key or electronic lock, or a pin combination lock, pick resistant deadlock or biometric fingerprint scanner; or

(B) an external lock—

• the body of which is not less than 40 millimetres wide and has a hardened steel shackle; and

• that is fitted with a cover so as to prevent the lock from being cut, removed, breached or otherwise tampered with;

outbuilding means a building subordinate to the main building on premises (including a garage or shed)—

(a) that is affixed to land (whether or not it is detached from the main building of the premises on which it is located); and

(b) that is fully enclosed, strong and in a structurally sound condition; and

(but does not include a fully enclosed garage that is under the main roof of a residence or place of business);

prescribed safe means a safe (other than a level 1 safe or a level 2 safe) that has a body and door made of steel of a thickness of not less than 1.6 millimetres;

storage level 1 —a firearm is secured in accordance with the requirements of storage level 1 if—

(a) it is locked in a level 2 safe located in a building or outbuilding on the premises in which it is kept; and

(b) unless the safe weighs at least 150 kilograms when empty, the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding in which it is located with at least 2 solid anchor bolts; and

(i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry to the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm; or

(ii) an intruder alarm system that is activated and operating at any time the premises are unoccupied in order to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm, by means of either or both of the following:

(A) an externally visible alarm warning light and a loud audible alarm;

(B) a remote alarm monitored by a private security company approved by the Registrar;

storage level 2 —a firearm is secured in accordance with the requirements of storage level 2 if—

(a) it is locked in a level 2 safe located in a building or outbuilding on the premises in which it is kept; and

(i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry of the premises, building, outbuilding or room in which a firearm is kept, or any unauthorised interference with a firearm; and

(A) an externally visible alarm warning light and a loud audible alarm;

(B) a remote alarm monitored by a private security company approved by the Registrar;

storage level 3 —a firearm is secured in accordance with the requirements of storage level 3 if—

(a) it is locked in a strongroom located in a building or outbuilding; and

(b) the premises on which the strongroom is located are installed with both—

(i) a cctv system that is activated and operating at any time the premises are unoccupied in order to detect and record any unauthorised entry of the premises, building, outbuilding or strongroom in which a firearm is kept, or any unauthorised interference with a firearm; and

(ii) an intruder alarm system that is activated and operating at any time the premises are unoccupied in order to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises, building, outbuilding or strongroom in which a firearm is kept, or any unauthorised interference with a firearm, by means of either or both of the following:

(A) an externally visible alarm warning light and a loud audible alarm;

(B) a remote alarm monitored by a private security company approved by the Registrar;

strongroom means a strongroom that complies with the following requirements:

(a) the strongroom must not have any windows or skylights;

(b) the floor, ceilings and walls of the strongroom must be made of—

(i) reinforced concrete; or

(ii) double brick; or

(iii) reinforced besser blocks,

of a thickness of not less than 140 millimetres;

(i) solid sheet structural grade mild steel of a thickness of not less than 10 millimetres; or

(ii) solid sheet cut resistant steel of a thickness of not less than 3 millimetres that—

(A) has a chemical composition that includes at least 12% manganese; and

(B) is encased within, or reinforced by, solid sheet timber of a thickness of not less than 40 millimetres;

(d) any door to the strongroom must be fitted with—

(i) internal hinges that are concealed or have the hinge pins welded; and

(ii) —

(A) a 3 point locking mechanism; or

(B) 4 shoot bolts that are located on the inside of the strongroom at the top and bottom of the door,

that is, or are, activated by an internal key or electric lock, or a pin combination lock, pick resistant deadlock or biometric fingerprint scanner;

under the main roof , of a residence or place of business, means within the enclosed internal structures of the building constituting the residence or place of business.

(2) For the purposes of this code of practice, a firearm will be taken to be loaded if a round is in the breech, barrel or chamber of the firearm or in a magazine comprising part of or attached to the firearm.

3—Application

(1) Except for the provisions of clauses 5, 25 and 26(4), this code of practice does not apply to a deactivated firearm.

(2) Unless the contrary intention appears, this code of practice applies to the possession of a firearm by a person whether the person is in possession of the firearm under a firearms licence or not.

4—Security requirements of code are minimum requirements

(1) A reference in a provision of this code of practice to a particular level of display, safe or storage is to be taken be a reference to the minimum security requirements in respect of the item to which the reference relates, that must be satisfied in order to comply with the relevant provision of the code whereby, the use of the number 1 indicates the lowest level of security requirements that must be satisfied, the use of the number 2 indicates the next level of security requirements, and the use of the number 3 (where applicable) indicates the highest level of security requirements that must be satisfied.

(2) Furthermore, a reference in a provision of this code of practice to—

(a) a requirement to use a prescribed safe, level 1 safe or level 2 safe to secure a specified item, is to be taken to be a lower level of security than a requirement to comply with storage level 1, storage level 2 or storage level 3; and

(b) a requirement to use a prescribed safe to secure a specified item, is to be taken to be a requirement for a lower level of security than the use of a level 1 safe or a level 2 safe; and

(c) a requirement to use a strongroom to secure a specified item, is to be taken to be a requirement for a higher level of security than the use of a prescribed safe, level 1 safe or a level 2 safe or compliance with storage level 1 or storage level 2.

(3) Nothing in this code of practice is to be taken to prevent a person from complying with a higher level of security with respect to a particular item than the requirements specified by a particular provision.

Part 2—Security and storage of firearms and ammunition etc

Division 1—General provisions relating to security of firearms and ammunition etc

5—General duty to prevent loss or theft of firearm and ammunition etc

(1) A person who has possession of a firearm or ammunition, or a sound moderator or restricted firearm mechanism, must take all reasonable precautions to prevent the firearm, ammunition, sound moderator or restricted firearm mechanism from being lost or stolen or coming into the possession of an unauthorised person.

(2) A contravention of subclause (1) is—

(a) in the case of a prescribed firearm—a category C offence;

(b) in the case of a category C, D or H firearm—a category D offence;

(d) in the case of ammunition—a category F offence.

6—Firearm must not be loaded while stored or displayed

(1) A person (including a licensed dealer and a person who carries on the business of storing goods) must not store or display a firearm that is loaded.

(2) A contravention of subclause (1) is a category C offence.

(3) Subclause (1) does not apply in relation to a firearm if the ammunition cannot be removed from the breech, barrel or chamber or the magazine of the firearm because of a malfunction of the firearm.

7—Security of keys to safes etc

(1) A person who uses a security device to secure a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, including while being transported in a vehicle, vessel or aircraft, must take all reasonable precautions to prevent the key to the security device from being lost or stolen, or coming into the possession or knowledge of an unauthorised person.

(2) A contravention of subclause (1) is a category C offence.

(3) A key for a container used to secure ammunition must not be kept in a security device that is used to secure a firearm in which the ammunition may be used.

(4) A contravention of subclause (3) is a category C offence.

(5) A key for a security device that is used to secure a firearm must not be kept in a container used to secure ammunition suitable for use in that firearm.

(6) A contravention of subclause (5) is a category C offence.

(7) A person who is transporting a firearm or ammunition in a vehicle, vessel or aircraft (including in the ordinary course of the person carrying on the business of transporting goods) must keep the key to the vehicle, vessel or aircraft on or about their person, or under the person's immediate physical control, while the firearm or ammunition is in the vehicle, vessel or aircraft.

(8) A contravention of subclause (7) is a category C offence.

(9) For the purposes of subclause (1), a person will be taken not to have taken all reasonable precautions to prevent the key to the security device from being lost or stolen, or coming into the possession or knowledge of an unauthorised person if—

(a) in the case of a combination or key code or electronic access code, the person—

(i) tells another person the combination or key code or electronic access code (other than a person who may have lawful access to the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism (as the case requires) secured in the security device); or

(ii) leaves a record of the combination or key code or electronic access code in a place where it may be discovered by an unauthorised person; or

(b) in the case of a key, the person leaves the key in the lock of the security device; or

(i) gives the key or key card to another person (other than a person who may lawfully access the security device); or

(ii) tells another person the place in which the key or key card is kept (other than a person who may lawfully access the security device); or

(iii) leaves the key or key card in a place where it may be discovered by an unauthorised person.

(10) Subclause (9) does not limit the circumstances in which a person will be taken not to have taken all reasonable precautions to prevent the key to the security device from being lost or stolen, or coming into the possession or knowledge of an unauthorised person.

(11) A person who is the operator of a primary production business does not contravene subclause (1) if the operator provides the means of access to a security device used to secure firearms or ammunition for the purposes of the business to a person who—

(a) is engaged in the business of the operator as an employee or relative of the operator; and

(b) is the holder of a category 5 (primary production) licence; and

(c) is authorised under a firearms licence held by the person to possess firearms of the category secured in the security device; and

(d) is authorised by the operator to access the security device.

(12) In the case of keys to a vehicle, vessel or aircraft, this clause only applies to—

(a) a key used to access or operate a vehicle, vessel, or aircraft that is also the key used to lock a separate compartment or cavity (including a boot or glove box) of the vehicle, vessel or aircraft while the vehicle, vessel or aircraft contains a firearm or ammunition; or

(b) a key used to lock a boot or glove box of a vehicle (whether or not it is also the key used to access or operate the vehicle) while the boot or glove box contains a firearm or ammunition.

(13) In this clause—

security device means a safe, strongroom, rack, display cabinet, container, boot, glove box or other compartment, or other item or device, in which, or by which, things may be secured.

8—Change of location and manner of storing firearm

(1) A person who holds a firearms licence must not change the place at which the person keeps a firearm in the possession of the person under the licence when not in use—

(a) from the place specified, when the person applied for the firearms licence, as being the place at which the person intends to keep a firearm under the licence, unless the person gives the Registrar prior written notice of that change; or

(b) if the person has previously given notice under this subclause—from the place so notified unless the person gives further prior written notice of the change to the Registrar.

(2) A contravention of subclause (1) is a category E offence that is expiable.

(3) A person who holds a firearms licence must not change the manner in which a firearm in the possession of the person under the licence is secured when not in use—

(a) from the manner specified when the person applied for the firearms licence as being the manner in which the person intends to secure a firearm under the licence, without the approval of the Registrar; or

(b) if the person has previously obtained the approval of the Registrar under this subclause—from the manner so approved unless the person has the further approval of the Registrar.

(4) A contravention of subclause (3) is a category E offence that is expiable.

(5) Subclauses (1) and (3) do not apply if—

(a) the person is residing at residential premises other than the person's usual place of residence on a short term, temporary basis and—

(i) the firearm is only kept at those premises for the duration of the person's residence at those premises; and

(ii) the person otherwise complies with the requirements of this code; or

(b) the person is occupying business premises other than the person's usual place of business on a short term, temporary basis and—

(i) the firearm is only kept at those premises for the duration of the person's occupation of the premises for the purposes of the person's business; and

(ii) the person otherwise complies with the requirements of this code.

9—Written notice of storage of firearms

(1) A person who has delivered a firearm to a person who carries on the business of storing goods in order for the firearm to be kept in storage for more than 14 days must, within 14 days after the period of storage commences, provide the Registrar with written notice, in a form approved by the Registrar, of—

(a) the number or characters constituting the identifying mark of the firearm; and

(b) the name and address of the person to whom the firearm has been delivered; and

(2) A contravention of subclause (1) is a category E offence that is expiable.

Division 2—Storage of firearms and ammunition etc

10—Storage and security of paint-ball firearms

(1) This clause—

(a) does not apply to a licensed dealer who has possession of a paint-ball firearm in the ordinary course of the business of dealing in firearms; and

(b) does not apply to a person who has possession of a paint-ball firearm in the ordinary course of the business of storing goods; and

(2) For the purposes of this clause, the total number of paint-ball firearms taken to be kept at particular premises will be determined by—

(a) aggregating the total number of paint-ball firearms kept at the premises on a permanent basis by a person who resides at the premises as the person's principal place of residence, or occupies the premises as the person's principal place of business (as the case requires); and

(b) if more than 1 person resides at the premises as the person's principal place of residence, or occupies the premises as the person's principal place of business (as the case requires)—by aggregating the total number of firearms kept at the premises on a permanent basis by each such person.

(3) When a paint-ball firearm in the possession of a person is not in use, the person—

(a) must keep the paint-ball firearm in a building or outbuilding at premises that constitute the person's principal place of residence or, if the paint-ball firearm is in the possession of the person for the purposes of the person's business, the person's principal place of business; and

(b) must secure the paint-ball firearm at the premises as follows:

(i) if the total number of paint-ball firearms kept at the premises is less than 20—

(A) subject to subclause (6), by locking the paint-ball firearm in a level 1 safe located in a building or outbuilding on the premises; or

(B) subject to subclauses (6) and (7), by locking the paint-ball firearm in a prescribed safe located in a building or outbuilding on the premises; or

(ii) if the total number of paint-ball firearms kept at the premises is 20 or more—

(A) in accordance with the requirements of storage level 1; or

(B) in some other manner approved by the Registrar.

(4) The categories of offences for contraventions of subclause (3) are as follows:

(a) a contravention of subclause (3)(a) is a category C offence;

(b) a contravention of subclause (3)(b)(i) is a category D offence;

(5) Subclause (3)(a) does not apply if the person has obtained the approval of the Registrar to keep the paint-ball firearm at some other premises and the person complies with the conditions of the approval (if any) imposed by the Registrar.

(6) If a prescribed safe or a level 1 safe weighs less than 150 kilograms when empty, a person may only secure a paint-ball firearm in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding (as the case may be) in which it is located, with at least 2 solid anchor bolts.

(7) A person may only secure a paint-ball firearm in a prescribed safe under subclause (3)(b)(i)(B) if—

(a) —

(i) the person was the owner of the safe, and the safe was used by the person to secure the person's firearms, immediately before the commencement of this clause; and

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(B) notice is given in writing by the person to the Registrar not more than 12 months after the commencement of this clause that paragraph (a)(i) applies to the person (supported by such evidence as is required by the Registrar), and the Registrar has confirmed to the person in writing that the notice was received by the Registrar; or

(b) —

(i) the person resides at, or occupies, premises with another person who was the owner of the safe, and the safe was used by the owner to secure the owner's firearms, immediately before the commencement of this clause; and

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(B) the requirements of paragraph (a)(ii)(B) have been satisfied.

Note—

Clause 23 of this code of practice sets out further requirements in relation to the shared use of safes by persons who reside at or occupy the same premises.

11—Storage and security of firearms other than paint-ball firearms

(1) This clause—

(a) does not apply to, or in respect of, paint-ball firearms; and

(b) does not apply to a licensed dealer who has possession of a firearm in the ordinary course of the business of dealing in firearms; and

(c) does not apply to a person who has possession of a firearm in the ordinary course of the business of storing goods; and

(d) does not derogate from, and applies subject to, the conditions of a firearms licence or permit held by a person.

(2) For the purposes of this clause, the total number of firearms taken to be kept at particular premises will be determined by—

(a) aggregating the total number of firearms (other than paint-ball firearms) kept at the premises on a permanent basis by a person who resides at the premises as the person's principal place of residence, or occupies the premises as the person's principal place of business (as the case requires); and

(b) if more than 1 person resides at the premises as the person's principal place of residence, or occupies the premises as the person's principal place of business (as the case requires)—by aggregating the total number of firearms (other than paint-ball firearms) kept at the premises on a permanent basis by each such person.

(3) When a firearm in the possession of a person is not in use, the person—

(a) must keep the firearm in a building or, subject to this clause, in an outbuilding, at premises that constitute the person's principal place of residence or, if the firearm is in the possession of the person for the purposes of the person's business, the person's principal place of business; and

(b) must secure the firearm at the premises as follows:

(i) if the total number of firearms kept at the premises is less than 20 firearms and none of those firearms is a category C, D or H firearm—

(A) where the firearm is kept under the main roof of the person's residence or place of business—subject to subclause (6), by locking the firearm in a level 1 safe; or

(B) where the firearm is not kept under the main roof of the person's residence or place of business, or the firearm is kept in an outbuilding—subject to subclause (6), by locking the firearm in a level 2 safe; or

(C) subject to subclauses (6) and (7)—by locking the firearm in a prescribed safe located in a building or outbuilding on the premises; or

(D) in some other manner approved by the Registrar;

(ii) if the total number of firearms kept at the premises is less than 20 firearms and at least 1 of those firearms is a category C, D, or H firearm (whether or not such a category of firearm is in possession of the person)—

(A) subject to subclause (6), by locking the firearm in a level 2 safe located in a building or outbuilding on the premises; or

(B) subject to subclauses (6) and (7), by locking the firearm—

• in a level 1 safe located in a building or outbuilding on the premises; or

• in a prescribed safe, located in a building or outbuilding on the premises; or

(iii) subject to subparagraph (vi), if the total number of firearms kept at the premises is 20 or more, but less than 35, firearms and not more than 29 of those firearms are category H firearms (whether or not the person possesses a category H firearm)—

(A) in accordance with the requirements of storage level 1; or

(B) in some other manner approved by the Registrar;

(iv) subject to subparagraph (vi), if the total number of firearms kept at the premises is 35 or more, but less than 50, firearms and not more than 29 of those firearms are category H firearms (whether or not the person possesses a category H firearm)—

(A) in accordance with the requirements of storage level 2; or

(B) in some other manner approved by the Registrar;

(v) subject to subparagraph (vi), if the total number of firearms kept at the premises is 50 or more firearms—

(A) in accordance with the requirements of storage level 3; or

(B) in some other manner approved by the Registrar;

(vi) if the total number of firearms kept at particular premises is made up of, or includes, 30 or more category H firearms (regardless of whether the person possesses a category H firearm, or whether firearms of another category or categories are kept at the premises)—

(A) in accordance with the requirements of storage level 3; or

(B) in some other manner approved by the Registrar.

(4) The categories of offences for contraventions of subclause (3) are as follows:

(a) a contravention of subclause (3)(a) is a category B offence;

(b) a contravention of subclause (3)(b)(i) is a category C offence;

(d) a contravention of subclause (3)(b)(iii) is a category B offence;

(e) a contravention of subclause (3)(b)(iv) is a category B offence;

(f) a contravention of subclause (3)(b)(v) is a category A offence;

(g) a contravention of subclause (3)(b)(vi) is a category A offence.

(5) Subclause (3)(a) does not apply if the person has obtained the approval of the Registrar to keep the firearm at some other premises and the person complies with the conditions of the approval (if any) imposed by the Registrar.

(6) If a prescribed safe, level 1 safe or level 2 safe weighs less than 150 kilograms when empty, a person may only secure a firearm in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding (as the case may be) in which it is located, with at least 2 solid anchor bolts.

(7) A person may only secure firearms in a prescribed safe or a level 1 safe under subclause (3)(b)(i)(C) or (3)(b)(ii)(B) if—

(a) —

(i) the person was the owner of the safe, and the safe was used by the person to secure the person's firearms, immediately before the commencement of this clause; and

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(b) —

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(B) the requirements of paragraph (a)(ii)(B) have been satisfied.

Note—

Clause 23 of this code of practice sets out further requirements in relation to the shared use of safes by persons who reside at or occupy the same premises.

12—Storage and security of ammunition

(1) This clause—

(a) does not apply to a licensed dealer who has possession of ammunition in the ordinary course of the dealer's business; and

(b) does not apply to a person who has possession of ammunition in the ordinary course of the business of storing goods; and

(2) When ammunition in the possession of a person is not in use, the person must keep the ammunition at premises that constitute the person's principal place of residence or, if the ammunition is in the possession of the person for the purposes of the person's business, the person's principal place of business unless—

(a) the person has obtained the approval of the Registrar to keep the ammunition at some other premises; and

(b) the person complies with the conditions of the approval (if any) imposed by the Registrar.

(3) A contravention of subclause (2) is a category B offence.

(4) A person who has possession of ammunition must, when the ammunition is not in use, keep the ammunition—

(a) subject to any other Act or law, inside a building or outbuilding; and

(b) in a locked container separately from firearms.

(5) A contravention of subclause (4) is a category F offence that is expiable.

(6) For the purposes of subclause (4), if ammunition is kept in a safe or strongroom that holds a firearm, the ammunition will be taken to be kept separately from the firearm if—

(a) the ammunition is secured in a separate compartment or container within the safe or strongroom to the firearm; and

(b) the compartment or container is secured with a key that cannot be used to access the safe or strongroom.

13—Storage and security of sound moderators and restricted firearm mechanisms

(1) This clause—

(a) does not derogate from, and applies subject to, an approval of the Registrar under section 39 of the Act; and

(b) does not apply in respect of a sound moderator in the possession of a licensed dealer in the ordinary course of the dealer's business pursuant to an approval of the Registrar under section 39 of the Act.

(2) When a sound moderator or restricted firearm mechanism in the possession of a person is not in use, the person—

(a) must keep the sound moderator or restricted firearm mechanism in a building or, subject to this clause, in an outbuilding, at premises that constitute the person's principal place of residence, or if the sound moderator or restricted firearm mechanism is in the possession of the person for the purposes of the person's business, the person's principal place of business; and

(b) must secure the sound moderator or restricted firearm mechanism as follows:

(i) where the sound moderator or restricted firearm mechanism is kept under the main roof of the person's residence or place of business—subject to subclause (5), by locking it in a level 1 safe; or

(ii) where the sound moderator or restricted firearm mechanism is not kept under the main roof of the person's residence or place of business, or the sound moderator or restricted firearm mechanism is kept in an outbuilding—subject to subclause (5), by locking it in a level 2 safe; or

(iii) subject to subclauses (5) and (6), by locking it in a prescribed safe located in a building or outbuilding on the premises; or

(iv) in some other manner approved by the Registrar.

(3) The categories of offences for contraventions of subclause (2) are as follows:

(a) a contravention of subclause (2)(a) is a category B offence;

(b) a contravention of subclause (2)(b) is a category C offence.

(4) Subclause (2)(a) does not apply if the person has obtained the approval of the Registrar to keep the sound moderator or restricted firearm mechanism at some other premises and the person complies with the conditions of the approval (if any) imposed by the Registrar.

(5) If a prescribed safe, level 1 safe or level 2 safe weighs less than 150 kilograms when empty, a person may only secure a sound moderator or restricted firearm mechanism in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the building or outbuilding (as the case may be) in which it is located, with at least 2 solid anchor bolts.

(6) A person may only secure a sound moderator or a restricted firearm mechanism in a prescribed safe under subclause (2)(b)(iii) if—

(a) —

(i) the person was the owner of the safe immediately before the commencement of this clause; and

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(b) —

(ii) either—

(A) a period of not more than 12 months has passed from the commencement of this clause; or

(B) the requirements of paragraph (a)(ii)(B) have been satisfied.

Note—

Clause 23 of this code of practice sets out further requirements in relation to the shared use of safes by persons who reside at or occupy the same premises.

14—Storage and security of firearms and ammunition in the course of use

(1) This clause—

(a) does not apply to a licensed dealer who has possession of a firearm or ammunition in the ordinary course of the business of dealing in firearms; and

(b) does not derogate from, and applies subject to, the conditions of a firearms licence or permit held by a person.

(2) If a person, in the course of using a firearm for a purpose authorised by a firearms licence held by the person, is not residing at, or occupying, the premises at which the firearm is ordinarily kept, the person must, when the firearm is not in actual use, secure the firearm and any ammunition in the possession of the person for use in that firearm, by using the best means reasonably available to the person in the circumstances.

(3) A contravention of subclause (2) is—

(a) in the case of a firearm—a category C offence;

(b) in the case of ammunition—a category F offence.

(4) Subclause (2) only applies if the person is, in the course of using the firearm, not residing at, or occupying, the premises at which the firearm is ordinarily kept, on a short term, temporary basis.

15—Storage and security of sound moderators and restricted firearm mechanisms in the course of use

(1) This clause—

(a) does not derogate from, and applies subject to, an approval of the Registrar under section 39 of the Act; and

(2) If a person, in the course of using a sound moderator or restricted firearm mechanism for a purpose authorised by an approval under the Act held by the person, is not residing at, or occupying, the premises at which the sound moderator or restricted firearm mechanism is ordinarily kept, the person must, when the sound moderator or restricted firearm mechanism is not in actual use, secure the sound moderator or restricted firearm mechanism by using the best means reasonably available to the person in the circumstances.

(3) A contravention of subclause (2) is a category C offence.

(4) Subclause (2) only applies if the person is, in the course of using the sound moderator or restricted firearm mechanism, not residing at, or occupying, the premises at which the sound moderator or restricted firearm mechanism is ordinarily kept, on a short term, temporary basis.

Division 3—Licensed dealers

16—Storage and security of paint-ball firearms by licensed dealers

(1) This clause—

(a) applies to paint-ball firearms in the possession of a person in the person's capacity as a licensed dealer at the premises specified in the firearms licence authorising the person to carry on the business of a dealer; and

(b) does not derogate from, and applies subject to, the conditions of the firearms licence held by the person authorising the person to carry on the business of a dealer.

(2) A person who, in the person's capacity as a licensed dealer, has possession of less than 20 paint-ball firearms, must secure any paint-ball firearm in the person's possession kept on the premises at which the person carries on business—

(a) by locking the paint-ball firearm—

(i) subject to subclause (6), in a level 1 safe; or

(ii) subject to subclauses (6) and (7), in a prescribed safe; or

(b) in some other manner approved by the Registrar.

(3) A contravention of subclause (2) is a category D offence.

(4) A person who, in the person's capacity as a licensed dealer, has possession of 20 or more paint-ball firearms, must secure every paint-ball firearm in the person's possession kept on the premises at which the person carries on business—

(a) subject to subclause (6), by locking the paint-ball firearms in a level 2 safe; or

(b) in some other manner approved by the Registrar.

(5) A contravention of subclause (4) is a category C offence.

(6) If a prescribed safe, level 1 safe or level 2 safe weighs less than 150 kilograms when empty, a person may only secure a paint-ball firearm in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises at which the person carries on business, with at least 2 solid anchor bolts.

(7) A dealer may only secure a paint-ball firearm in a prescribed safe under subclause (2)(a)(ii) if—

(a) the dealer was the owner of the safe, and the safe was used by the dealer to secure firearms for the purposes of the dealer's business, immediately before the commencement of this clause; and

(b) either—

(i) a period of not more than 12 months has passed from the commencement of this clause; or

(ii) notice is given in writing by the dealer to the Registrar not more than 12 months after the commencement of this clause that paragraph (a) applies to the dealer (supported by such evidence as is required by the Registrar), and the Registrar has confirmed to the dealer in writing that the notice was received by the Registrar.

(8) Despite anything in this clause, during periods that a licensed dealer's premises are open to the public, the dealer is not required to comply with this clause in respect of paint-ball firearms that are on display to members of the public entering the premises provided that—

(a) the public does not have access to the paint-ball firearms; and

(b) the paint-ball firearms are under the immediate and continuous supervision of the licensed dealer or a licensed employee of the dealer; and

(i) in accordance with the requirements of display level 2; or

(ii) in some other manner approved by the Registrar.

17—Storage and security of firearms other than paint-ball firearms by licensed dealers

(1) This clause—

(a) applies to firearms, other than paint-ball firearms, in the possession of a person in the person's capacity as a licensed dealer at the premises specified in the firearms licence authorising the person to carry on the business of a dealer; and

(b) does not derogate from, and applies subject to, the conditions of the firearms licence held by the person authorising the person to carry on the business of a dealer.

(2) A person who, in the person's capacity as a licensed dealer, has possession of less than 20 firearms, none of which is a category C, D or H firearm, must secure any firearm in the dealer's possession kept on the premises at which the dealer carries on business as a dealer—

(a) subject to subclause (8), by locking the firearm in a level 1 safe; or

(b) subject to subclauses (8) and (9), by locking the firearm in a prescribed safe; or

(3) A contravention of subclause (2) is a category B offence.

(4) A person who, in the person's capacity as a licensed dealer, has possession of—

(a) at least 1, but less than 30, category C, D or H firearms (or a combination of these categories); or

(b) 20 or more, but less than 50, firearms (less than 30 of which are category C, D or H firearms (or a combination of these categories)),

must secure every firearm in the dealer's possession kept on the premises at which the dealer carries on business as a dealer—

(d) subject to subclauses (8) and (9), by locking the firearms—

(i) in a level 1 safe; or

(ii) in a prescribed safe; or

(e) in some other manner approved by the Registrar.

(5) A contravention of subclause (4) is a category B offence.

(6) A person who, in the person's capacity as a licensed dealer, has possession of—

(a) 30 or more category C, D or H firearms (or a combination of these categories), whether or not the dealer also has possession of 1 or more firearms of another category; or

(b) if paragraph (a) does not apply, 50 or more firearms,

must secure every firearm in the person's possession kept on the premises at which the person carries on business as a dealer—

(d) in some other manner approved by the Registrar.

(7) A contravention of subclause (6) is a category A offence.

(8) If a prescribed safe, level 1 safe or level 2 safe weighs less than 150 kilograms when empty, a person may only secure a firearm in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises at which the person carries on business, with at least 2 solid anchor bolts.

(9) A dealer may only secure firearms in a level 1 safe or a prescribed safe under subclause (2)(b) or (4)(d) (as the case requires) if—

(a) the dealer was the owner of the safe, and the safe was used by the dealer to secure firearms for the purposes of the dealer's business, immediately before the commencement of this clause; and

(b) either—

(i) a period of not more than 12 months has passed from the commencement of this clause; or

(10) Despite anything in this clause, during periods that a licensed dealer's premises are open to the public, the dealer is not required to comply with this clause in respect of category A, B or H firearms that are on display to members of the public entering the premises provided that—

(a) the public does not have access to the firearms; and

(b) the firearms are under the immediate and continuous supervision of the licensed dealer or a licensed employee of the dealer; and

(i) in the case of category A or B firearms—in accordance with the requirements of display level 2, or in some other manner approved by the Registrar; or

(ii) in the case of category H firearms—in accordance with the requirements of display level 3, or in some other manner approved by the Registrar.

18—Storage and security of ammunition by dealers

(1) This clause—

(a) applies to ammunition in the possession of a person in the person's capacity as a licensed dealer at the premises specified in the firearms licence authorising the person to carry on the business of a dealer; and

(b) does not derogate from, and applies subject to, the conditions of the firearms licence authorising the person to carry on the business of a dealer held by the person.

(2) Subject to subclause (5), a person who has possession of ammunition in the person's capacity as a licensed dealer must secure the ammunition in a locked container separately from firearms.

(3) A contravention of subclause (2) is a category D offence.

(4) For the purposes of subclause (2), if ammunition is kept in a safe or strongroom that holds a firearm, the ammunition will be taken to be kept separately from the firearm if—

(a) the ammunition is secured in a separate compartment or container within the safe or strongroom to the firearm; and

(b) the compartment or container is secured with a key that cannot be used to access the safe or strongroom.

(5) During periods that a licensed dealer's premises are open to the public, the dealer is not required to comply with the requirements of subclause (2) in respect of ammunition provided that—

(a) the public does not have access to the ammunition; and

(b) the ammunition is under the immediate and continuous supervision of the licensed dealer or a licensed employee of the dealer; and

(i) in a container or display cabinet; or

(ii) in some other manner approved by the Registrar.

19—Storage and security of sound moderators by dealers

(1) A licensed dealer who has possession of a sound moderator in the ordinary course of the dealer's business pursuant to an approval of the Registrar under section 39 of the Act, must keep the sound moderator at the premises at which the dealer carries on business as a dealer—

(a) subject to subclause (3), in a level 1 safe; or

(b) subject to subclauses (3) and (4), in a prescribed safe.

(2) A contravention of subclause (1) is a category B offence.

(3) If a prescribed safe or level 1 safe weighs less than 150 kilograms when empty, a person may only secure a sound moderator in the safe under this clause if the safe is bolted to a solid concrete, brick, metal or timber floor, wall or other permanent internal structure of the premises at which the dealer carries on business, with at least 2 solid anchor bolts.

(4) A dealer may only secure a sound moderator in a prescribed safe under subclause (1)(b) if—

(a) the dealer was the owner of the safe, and the safe was used by the dealer for the purposes of the dealer's business, immediately before the commencement of this clause; and

(b) either—

(i) a period of not more than 12 months has passed from the commencement of this clause; or

20—Security of premises of licensed dealer dealing in firearms

(1) Subject to subclause (3), a licensed dealer must ensure that the premises at which the dealer carries on the business of dealing in firearms comply with the following requirements:

(a) the premises must be in a structurally sound condition and the walls, floor and ceiling of the premises must be constructed of stone, brick or concrete, or lined with steel mesh of a thickness of not less than 5 millimetres;

(b) any external doors to the premises must be—

(i) in a structurally sound condition; and

(ii) constructed of metal, or lined with steel mesh of a thickness of not less than 5 millimetres; and

(iii) in a metal frame with substantial hinges and fitted with a deadlock;

(i) they must be in a structurally sound condition;

(ii) in the case of windows and skylights—they must be fitted with steel bars or other material that provides a strong covering, that cannot be removed from the outside of the premises;

(iii) they must be capable of being secured against unlawful entry;

(iv) any locks, bolts or hinges fitted to, or forming part of, the window, skylight or other means of access to the premises must be strong and in a structurally sound condition;

(d) the premises must be fitted with an intruder alarm system that is able to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises or room in which a firearm is kept, or any unauthorised interference with a firearm, by means of—

(i) an externally visible alarm warning light and a loud audible alarm; and

(ii) a remote alarm permanently monitored by a private security company approved by the Registrar;

(e) the premises must be fitted with a cctv system that is installed so as to be able to detect and record unauthorised access to or interference with, or removal of, any firearm kept on the premises.

(2) A contravention of subclause (1) is a category A offence.

(3) The Registrar may, on the application of a licensed dealer, exempt the dealer from complying with 1 or more of the requirements referred to in subclause (1), subject to such conditions (including conditions as to the security of the premises) as specified by the Registrar in the exemption.

(4) A contravention of a condition of an exemption by the Registrar under subclause (3) is—

(a) a contravention of this code; and

(b) a category A offence.

(5) A licensed dealer must ensure that the cctv system installed at the premises is activated and operating at all times.

(6) A contravention of subclause (5) is a category A offence.

(7) A licensed dealer must, whenever the premises at which the dealer carries on business are unoccupied, ensure that—

(a) the premises are properly secured against unlawful entry; and

(b) the intruder alarm system is activated and operating.

(8) A contravention of subclause (7) is a category A offence.

21—Security of premises of licensed dealer dealing in ammunition only

(1) This clause applies to a licensed dealer who holds a category 11 (dealer) licence that bears the statement "ammunition only".

(2) Subject to subclause (4), a licensed dealer to whom this clause applies must ensure that the premises at which the dealer carries on the business of dealing in ammunition comply with the following requirements:

(a) the premises must be fitted with an intruder alarm system that is able to detect, to the maximum extent reasonably practicable, any unauthorised entry of the premises or room in which ammunition is kept, or any unauthorised interference with any ammunition, by means of—

(i) an externally visible alarm warning light and a loud audible alarm; and

(ii) a remote alarm permanently monitored by a private security company approved by the Registrar;

(b) the premises must be fitted with a cctv system that is installed so as to be able to detect and record unauthorised access to or interference with, or removal of, any ammunition kept on the premises.

(3) A contravention of subclause (2) is a category A offence.

(4) The Registrar may, on the application of a licensed dealer to whom this clause applies, exempt the dealer from complying with 1 or more of the requirements referred to in subclause (2), subject to such conditions (including conditions as to the security of the premises) as specified by the Registrar in the exemption.

(5) A contravention of a condition of an exemption by the Registrar under subclause (4) is—

(a) a contravention of this code; and

(b) a category A offence.

(6) A licensed dealer to whom this clause applies must ensure that the cctv system installed at the premises at which the dealer carries on business is activated and operating at all times.

(7) A contravention of subclause (6) is a category A offence.

(8) A licensed dealer to whom this clause applies must, whenever the premises at which the dealer carries on business are unoccupied, ensure that—

(a) the premises are properly secured against unlawful entry; and

(b) the intruder alarm system is activated and operating.

(9) A contravention of subclause (8) is a category A offence.

Division 4—Display of firearms, firearm parts or ammunition at arms fair

22—Display of firearms, firearm parts or ammunition at arms fair

(1) A person who displays a category A, B, or H firearm or a firearm part for a category A, B, or H firearm, or ammunition, at an arms fair must comply with the following requirements:

(a) the person must take all reasonable precautions to prevent the firearm, firearm part or ammunition from being lost or stolen or coming into the possession of an unauthorised person;

(b) the firearm, firearm part or ammunition must be under the immediate and continuous supervision of the person, or in the case of a person who holds a category 11 (dealer) licence, a licensed employee of the dealer;

(c) the firearm, firearm part or ammunition must be secured in accordance with the requirements of display level 1 or in some other manner approved by the Registrar;

(d) the person must, subject to subclause (3), only display a firearm, firearm part or ammunition at times when the arms fair is open to members of the public.

(2) A contravention of subclause (1) is a category B offence.

(3) A person may only keep a firearm, firearm part or ammunition at an arms fair during periods when the arms fair is not open to the public if—

(a) the firearm, firearm part or ammunition is secured—

(i) in accordance with the requirements of display level 1; or

(ii) in some other manner approved by the Registrar; and

(b) the firearm, firearm part or ammunition is under the immediate and continuous supervision of a person who—

(i) holds a category 6 (security guard) licence; and

(ii) holds a security agents licence in force under the Security and Investigation Industry Act 1995 that authorises the person to protect or guard property or keep property under surveillance.

(4) A contravention of subclause (3) is a category B offence.

Division 5—Shared use of safes and strongrooms by persons residing at or occupying same premises

23—Shared use of safes and strongrooms by persons residing at or occupying same premises

(1) Subject to this code of practice, a person who resides at, or occupies, premises (whether residential or business) on a permanent basis, together with 1 or more other persons who also reside at, or occupy, those premises on a permanent basis, may only secure a firearm, sound moderator or restricted firearm mechanism owned or in the lawful possession of the person in a safe or strongroom located at the premises, in which a firearm, sound moderator or restricted firearm mechanism owned by or in the lawful possession of the other person (or persons) is secured, if—

(a) the person secures the person's firearm, sound moderator or restricted firearm mechanism within the safe or strongroom in a separate locked compartment of the safe or strongroom or with a separate cable or other device so as to prevent the unauthorised access, removal or possession of the firearm, sound moderator or restricted firearm mechanism by the other person (or persons) also using the safe or strongroom to secure a firearm, sound moderator or restricted firearm mechanism; and

(b) in addition, in the case of a firearm—the person has complied with the requirements under the Act (including these regulations) relating to the provision of notice to the Registrar as to the place and manner in which the firearm is kept.

(2) A contravention of subclause (1) is a category C offence.

(3) Subject to this code of practice, a person who resides at, or occupies, premises (whether residential or business) on a permanent basis, together with 1 or more other persons who also reside at, or occupy, those premises on a permanent basis, may only secure ammunition owned or in the lawful possession of the person in a safe or strongroom located at the premises, in which ammunition owned by or in the lawful possession of the other person (or persons) is secured, if the ammunition is kept in a separate locked compartment or container within the safe or strong room so as to prevent the unauthorised access, removal or possession of the ammunition by the other person (or persons) also using the safe or strongroom.

(4) A contravention of subclause (3) is a category F offence that is expiable.

Division 6—Persons who carry on business of storing goods

24—Commercial storage of firearms and ammunition

(1) Unless it is not reasonably practicable in the circumstances, and subject to any other Act or law, a person (other than a licensed dealer) must not, in the ordinary course of carrying on the business of storing goods, keep a firearm or ammunition in a container or compartment that is marked in any way, or has anything on or attached to it, indicating that it contains a firearm or ammunition.

(2) A contravention of subclause (1) is a category E offence.

(3) A person (other than a licensed dealer) who stores a firearm or ammunition in the ordinary course of carrying on the business of storing goods must—

(a) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and

(b) within 7 days, give the Registrar written notice, in a form approved by the Registrar,

of the theft or loss of that firearm or ammunition.

(4) A contravention of subclause (3) is a category D offence.

Part 3—Transport of firearms and ammunition

25—General duty to prevent loss or theft of firearm or ammunition while being transported

(1) A person who is transporting a firearm or ammunition in a vehicle, vessel or aircraft (including a person who transports a firearm or ammunition in the ordinary course of carrying on the business of transporting goods) must take all reasonable precautions to prevent the firearm or ammunition from being lost or stolen or coming into the possession of an unauthorised person while being transported.

(2) A contravention of subclause (1) is—

(a) in the case of a prescribed firearm—a category C offence;

(b) in the case of a category C, D or H firearm—a category D offence;

(d) in the case of ammunition—a category F offence.

26—Security of firearms and ammunition while being transported

(1) If a vehicle, vessel or aircraft in which a firearm or ammunition is being transported has—

(a) a boot, glove box, cupboard or other compartment in which the firearm or ammunition may be locked; or

(b) a container fixed securely to the vehicle, vessel or aircraft (either internally or externally) in which the firearm or ammunition may be locked,

the person transporting the firearm or ammunition must—

(c) ensure that the firearm or ammunition is securely locked in the boot, glove box, cupboard or other compartment or container; and

(d) if both a firearm and ammunition are being transported in the vehicle, vessel or aircraft at the same time and the vehicle, vessel or aircraft has more than 1 such compartment or container—ensure that the firearm and ammunition are secured separately unless—

(i) it is not reasonably practicably for the person to do so in the circumstances; or

(ii) the firearm or ammunition would not then be secured by using the best means reasonably available to the person.

(2) A contravention of subclause (1) is—

(a) in the case of a prescribed firearm—a category C offence;

(b) in the case of a category C, D or H firearm—a category D offence;

(d) in the case of ammunition—a category E offence that is expiable.

(3) Subclause (1) does not apply to a person who transports a firearm or ammunition in the ordinary course of carrying on the business of transporting goods.

(4) A person who is transporting a firearm or ammunition in a vehicle, vessel or aircraft (including a person who transports a firearm or ammunition in the ordinary course of carrying on the business of transporting goods) must, so far as is reasonably practicable, ensure that the firearm or ammunition is covered, concealed or otherwise placed so that it is out of sight while it is in the vehicle, vessel or aircraft.

(5) A contravention of subclause (4) is a category E offence.

(6) Unless it is not reasonably practicable in the circumstances, and subject to any other Act or law, a person who transports a firearm or ammunition (including a person who transports a firearm or ammunition in the ordinary course of carrying on the business of transporting goods) must not transport the firearm or ammunition in a compartment or container that is marked in any way, or has anything on or attached to it, indicating that it contains a firearm or ammunition.

(7) A contravention of subclause (6) is a category E offence.

27—Firearm must not be loaded while transported

(1) Subject to this clause, a person who is transporting a firearm (including in the ordinary course of the person carrying on the business of transporting goods) must ensure that the firearm is not loaded.

(2) A contravention of subclause (1) is a category C offence.

(4) A person does not contravene subclause (1) if—

(a) the person—

(i) is the operator of a primary production business, or is engaged as an employee or relative of the operator, who holds a category 5 (primary production) licence; or

(ii) is an agent of the operator of a primary production business who holds a category 3 (hunting) licence or a category 7 (contract shooter) licence and is engaged by the operator for a purpose connected with the operator's business; and

(b) the person reasonably believes that there is a strong likelihood that the firearm will be required for use for a purpose connected with the primary production business while the firearm is being transported; and

(c) the person transports the firearm while it is loaded for no further than is reasonably necessary in the circumstances.

28—Firearms not to be left unattended in vehicle etc

(1) A person transporting a firearm in a vehicle, vessel or aircraft (including in the ordinary course of the person carrying on the business of transporting goods) must not leave the vehicle, vessel or aircraft unattended unless—

(a) the person has a reasonable excuse in the circumstances to leave the vehicle, vessel or aircraft unattended; and

(b) the vehicle, vessel or aircraft is securely locked; and

(2) A contravention of subclause (1) is a category C offence.

29—Commercial transport of firearms and ammunition

(1) A person who carries on the business of transporting goods must not, in the course of carrying on that business, transport a firearm and ammunition, or cause a firearm and ammunition to be transported (whether the ammunition is suitable for use in the firearm or not), by the same vehicle, vessel or aircraft unless—

(a) the vehicle, vessel or aircraft is also transporting the owner of the firearm and the owner of the ammunition; or

(b) the firearm and ammunition are locked in separate containers or compartments; or

(2) A contravention of subclause (1) is a category E offence that is expiable.

(3) A person who transports a firearm or ammunition in the ordinary course of a business of transporting goods carried on by the person must—

(a) within 24 hours, unless the person has a reasonable excuse for not doing so, provide an oral report to a police officer; and

(b) within 7 days, give the Registrar written notice, in a form approved by the Registrar,

of the theft or loss of that firearm or ammunition.

(4) A contravention of subclause (3) is a category D offence.

Part 4—Transitional Provisions

30—Interpretation

In this Part—

relevant period means the period of 12 months from the commencement of this clause;

revoked regulations means the Firearms Regulations 2008 revoked by these regulations.

31—Transitional provisions

(1) If a person who was authorised to possess a firearm under a firearms licence in force under the repealed Act immediately before the commencement of this clause contravenes clause 10 or 11 of this code during the relevant period, the person will be taken not to have committed an offence against section 35 of the Act by virtue of that contravention, provided that, at the time of the contravention, the person is complying with the requirements for the security of firearms set out under relevant provisions of the repealed Act and the revoked regulations as in force immediately before the commencement of this clause (as if those provisions continued to operate during the relevant period).

(2) If a person who was authorised to carry on the business of a dealer under a dealer's licence in force under the repealed Act immediately before the commencement of this clause contravenes clause 16, 17, 20 or 21 of this code during the relevant period, the person will be taken not to have committed an offence against section 35 of the Act by virtue of that contravention, provided that, at the time of the contravention, the person is complying with the requirements for the security of firearms or ammunition or the premises at which the person carries on business, set out under relevant provisions of the repealed Act and the revoked regulations as in force immediately before the commencement of this clause (as if those provisions continued to operate during the relevant period).

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