Victorian Current Acts

FIREARMS ACT 1996

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Temporary declarations by the Chief Commissioner for the purposes of certain definitions  
   3B.     Permanent declarations by the Chief Commissioner for the purposes of certain definitions  
   3C.     Chief Commissioner may allow a person to continue to be licensed or renew firearms licence following temporary or permanent declaration  
   4.      Act binds the Crown  
   4AA.    Repeal of provisions regarding firearm prohibition orders  

   PART 2--POSSESSION, CARRIAGE OR USE OF FIREARMS AND RELATED ITEMS

           Division 1--Offences

   5.      Offence for prohibited person to possess, carry or use a firearm  
   6.      Offence for non-prohibited person to possess, carry or use a longarm without a licence  
   6A.     Offence to possess, carry or use an unregistered longarm  
   7.      Offence for non-prohibited person to possess, carry or use a handgun without a licence  
   7A.     Offences for certain types of handguns  
   7B.     Offence to possess, carry or use an unregistered handgun  
   7C.     Possession of a traffickable quantity of firearms  
   8.      Offence to acquire, dispose of possess or carry cartridge ammunition for collections  
   8A.     Proof of registration of firearm  

           Division 2--Longarm licences

   9.      Issue of longarm licences  
   10.     Reasons for applying for longarm licence, category A or B  
   11.     Reasons for applying for a longarm licence, category C  
   12.     Reasons for applying for a longarm licence, category D  
   13.     Reasons for applying for a longarm licence, category E  
   13A.    Reasons for applying for paintball marker licence  
   14.     Conditions applying to longarm licences  

           Division 3--Handgun licences

   15.     Issue of handgun licences for general category handguns  
   16.     Conditions applying to handgun licences  
   16A.    Issue of handgun licences for category E handguns  
   16AA.   Power of Chief Commissioner to modify participation condition  
   16B.    Conditions applying to handgun licences for category E handguns  

           Division 4--General provisions applying to longarm and handgun licences

   17.     General discretion of Chief Commissioner to refuse a longarm or handgun licence  

           Division 5--Junior licences

   18.     Issue of junior licences  
   19.     Conditions applying to junior licences  
   20.     General discretion of Chief Commissioner to refuse a junior licence  

           Division 6--Firearms collectors and heirlooms licences

   21.     Issue of category 1 firearms collectors licences  
   21A.    Issue of category 2 firearms collectors licences  
   21B.    Issue of antique handgun collectors licences  
   22.     Conditions applying to firearms collectors licences  
   23.     General discretion of Chief Commissioner to refuse a firearms collectors licence  
   24.     Firearms collectors register  
   25.     Issue of firearms heirlooms licences  
   26.     Conditions applying to firearms heirlooms licences  
   27.     General discretion of Chief Commissioner to refuse a firearms heirlooms licence  

           Division 7--Firearms ammunition collectors licences

   28.     Issue of firearms ammunition collectors licences  
   29.     General discretion of Chief Commissioner to refuse a firearms ammunition collectors licence  
   30.     Conditions applying to firearms ammunition collectors licences  

           Division 8--General provisions applying to licences under this Part

   31.     Application for a licence  
   32.     Information which is required for an application for a licence  
   32A.    Chief Commissioner may refuse to make a decision on an application for a licence  
   33.     28 day waiting period  
   33A.    Notice that licence may be refused  
   33B.    Further consideration of application and convening of hearing  
   33C.    Refusal of licence  
   34.     Review of decision not to issue a licence  
   35.     Particulars of licences  
   36.     Offence not to comply with licence conditions  
   37.     Variation of licence conditions  
   38.     Review of a decision to vary licence conditions  
   39.     Duration of licences  
   39A.    Extension of junior licence after 18 years  
   40.     Requirement to notify Chief Commissioner of change of nominated person  
   41.     Renewal of licences  
   41A.    Continuation of licence during consideration of application for renewal  
   42.     General discretion of Chief Commissioner to refuse to renew a licence or to alter or vary the conditions of a licence  
   43.     Circumstances in which the Chief Commissioner may alter or vary conditions on a licence  
   43A.    Variation of licence for failure to comply with participation condition  
   43B.    Review of decision as to period of variation  
   44.     Review of a decision not to renew a licence  
   45.     Disposal of firearms where licence not renewed  

           Division 9--Suspension and cancellation of licences under this Part

   46.     Immediate cancellation of a licence  
   46A.    Cancellation of licence held by non‑resident  
   46B.    Immediate cancellation under National Domestic Violence Order Scheme Act 2016  
   47.     Suspension of a licence and notice of proposal to cancel  
   47A.    Suspension of licence—certain prohibited persons  
   48.     Making of submissions  
   49.     Power of Chief Commissioner to cancel licence under this Part  
   49A.    Restrictions on application for licence following cancellation  
   49B.    Review of decision as to period of disqualification  
   50.     Review of decision to cancel a licence  
   51.     Notice of Chief Commissioner's decision  
   52.     Coming into effect of cancellation  
   52AA.   Chief Commissioner to notify approved handgun target shooting club or employer of certain events  

           Division 9A--Surrender and seizure of firearms etc.

   52A.    Power of Chief Commissioner to require the holder of a general category handgun licence to surrender certain handguns for failure to comply with participation condition  
   52B.    Power of Chief Commissioner to require the holder of a category 1 or category 2 firearms collectors licence to surrender certain handguns for failure to comply with certain conditions  
   53.     Surrender of firearms and licence document  
   53A.    Surrender of handguns for failure to comply with participation condition  
   53B.    Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence not complied with  

           Division 10--Exemptions, permits and provisional licences

   54.     Persons who are exempt from the Part  
   54AA.   Health service workers who are exempt from this Part  
   54AB.   Exemption of person exercising power under the Education and Training Reform Act 2006  
   54A.    Exemptions from certain licence conditions  
   55.     Employees of licensed firearms dealers  
   56.     Permits to display firearms or ammunition collections  
   56A.    Permits to display firearms or ammunition collections—Approved firearms collectors clubs  
   57.     Permits to possess, carry or use silencers or prescribed items  
   57A.    Permit for holder of handgun security guard licence to possess, carry or use restricted ammunition  
   57B.    Permits to assist in emergency or natural disaster  
   58.     Permits to carry or use firearms held under a collectors licence  
   58AAA.  Permits to carry or use firearms held under a collectors licence—approved firearms collectors clubs  
   58A.    Provisional general category handgun licences  

   PART 3--CARRYING ON THE BUSINESS OF DEALING IN FIREARMS AND RELATED ITEMS

           Division 1AA--Definition

   59AA.   Definition  

           Division 1--Licensing of firearms dealers

   59.     Offence to carry on business of dealing in firearms  
   59A.    Offence to manufacture firearms or to possess parts etc. for the purpose of manufacturing firearms  
   60.     Issue of dealers licences  
   61.     General discretion of Chief Commissioner to refuse a dealers licence  
   62.     Review of decision not to issue licence  

           Division 2--General provisions applying to dealers licences

   63.     Application for a dealers licence  
   64.     Information required for an application by a natural person for a dealers licence  
   65.     Information required for an application by a body corporate for a dealers licence  
   66.     28 day waiting period  
   67.     Particulars of dealers licences  
   68.     Licence conditions for dealers licences  
   69.     Variation of dealers licence conditions  
   70.     Review of a decision to vary licence conditions  
   71.     Duration of licences  
   72.     Renewal of dealers licences  
   73.     General discretion of Chief Commissioner to refuse to renew a dealers licence  
   74.     Review of decision not to renew licence  
   75.     Requirement to notify Chief Commissioner of persons employed in business or change of nominated person  
   75A.    Requirement to notify Chief Commissioner of close associates  
   75B.    Offence to employ prohibited persons in management of business  

           Division 3--Suspension, cancellation and transfer of dealers licences

   76.     Immediate cancellation of a dealers licence  
   76A.    Immediate cancellation of a dealers licence under National Domestic Violence Order Scheme Act 2016  
   77.     Suspension of a dealers licence and notice of proposal to cancel  
   78.     Making of submissions  
   79.     Power of Chief Commissioner to cancel a dealers licence  
   80.     Notice of Chief Commissioner's decision  
   81.     Coming into effect of cancellation  
   82.     Right of appeal against cancellation of licence  
   83.     Surrender of firearms and licence document  
   84.     Application to carry on business  
   85.     Chief Commissioner may transfer authority to conduct business  
   86.     Prohibition on any other transfer of licence  

           Division 4--Records to be kept by licensed firearms dealers

   87.     Requirement to keep register of transactions  
   88.     Firearms to be labelled with transaction details  
   89.     Power to inspect register and stock  
   90.     Power to require production of licence  

           Division 5--Display by dealers

   91.     Display of firearms by dealers  
   92.     Display Offences  

           Division 6--Permits

   92A.    Permits for theatrical armourers  

   PART 4--ACQUISITION AND DISPOSAL OF FIREARMS AND RELATED ITEMS

           Division 1--Offences relating to the acquisition and disposal of firearms

   93.     Persons from whom a dealer can acquire firearms  
   94.     Persons to whom a dealer can dispose of firearms  
   95.     Prohibition on acquisition of firearm except from licensed firearms dealer  
   96.     Prohibition on disposal of firearm except to licensed firearms dealer  
   97.     Fees to be charged by dealers  
   98.     Requirement for taking or giving of possession of firearm to be in person  
   99.     Control of acquisition from a place outside the State  
   100.    Control of disposal to place outside the State  
   100A.   Hiring and loaning of firearms by licensed firearms dealers  
   100B.   Extension of hire or loan of firearms by licensed firearms dealers  
   101.    Prohibitions on advertising  
   101A.   Prohibition on the acquisition or disposal of traffickable quantities of firearms  
   101B.   Prohibition on providing financial accommodation for the illegal acquisition or disposal of firearms  
   101C.   Licensed firearms dealer sending firearms or firearms parts by post to another licensed firearms dealer  

           Division 2--Permit to acquire a firearm

   102.    Offence to acquire a firearm without a permit  
   103.    Issue of permit to acquire  
   104.    General discretion of Chief Commissioner to refuse to issue a permit to acquire  
   105.    Review of decision not to issue permit  
   106.    Application for a permit to acquire  
   107.    Waiting period for issue of permit  
   108.    Form of permit  
   109.    Conditions applying to a permit  
   110.    Duration of permit  
   111.    Cancellation of permit  
   112.    Surrender of firearms acquired under cancelled permit  

   PART 4A--FIREARM PROHIBITION ORDERS

           Division 1--Definitions

   112A.   Definitions  

           Division 2--Firearm prohibition order offences

   112B.   Offence to acquire, possess, carry or  
   112C.   Offence as to disposal of a firearm etc. to an individual to whom a firearm prohibition order applies  
   112CA.  Offence to fail to notify Chief Commissioner of change of address  

           Division 3--Firearm prohibition orders

   112D.   Making a firearm prohibition order  
   112E.   Considerations for making a firearm prohibition order  
   112F.   Delegation of power to make order  
   112G.   Form and content of order  
   112H.   Cancellation of licences and permits  
   112I.   Service of order  
   112IA.  Service on person in detention  
   112J.   Duration of order  
   112K.   Revocation of order  

           Division 4--Reviews as to firearm prohibition orders

   112L.   Review of decision to make a firearm prohibition order  
   112M.   Further right to apply for review of decision to make firearm prohibition order  
   112N.   Protected information  

           Division 5--Further offences and enforcement

   112O.   Offence for individual to whom a firearm prohibition order applies to enter or remain on certain premises  
   112P.   Offence to fail to surrender firearms or firearm related items on service of order  
   112Q.   Search of premises, vehicles, vessels or aircraft without warrant or consent  
   112R.   Search of individual to whom firearm prohibition order applies without warrant or consent  
   112S.   Search of an accompanying person without warrant or consent  
   112T.   Dealing with firearms or firearm related items surrendered or seized under this Part  
   112U.   Certain references to prohibited person to include references to an individual to whom a firearm prohibition order applies  

           Division 6--Service direction determinations for firearm prohibition orders

   112V.   Power of Chief Commissioner to make service direction determination  
   112W.   Considerations for making a service direction determination  
   112X.   Delegation of power to make service direction determination  
   112Y.   Expiry of service direction determination  
   112Z.   Service direction determination may be made more than once  
   112ZA.  Powers as to service of orders under service direction determination  
   112ZB.  Information to be given at the time of stopping person  
   112ZC.  Power to direct individual to remain in place or go to police station or other safe place  
   112ZD.  Power to detain for refusing or failing to comply with direction  
   112ZE.  Powers and duties regarding detained individual  
   112ZF.  Requirements regarding children  

           Division 7--Service search warrants

   112ZG.  Magistrate may issue service search warrant  
   112ZH.  Considerations for issue of service search warrant  
   112ZI.  Matters to be stated in service search warrant  
   112ZJ.  Application of section 149 and the Magistrates' Court Act 1989  
   112ZK.  Application for issue of service search warrant  
   112ZL.  Expiry of service search warrant  
   112ZM.  Service search warrant may be issued more than once  
   112ZN.  Considerations for execution of service search warrant  
   112ZO.  Announcement before entry  
   112ZP.  Copy of warrant to be given to occupier  
   112ZQ.  Service of service search warrant on individual found on premises  
   112ZR.  Requirement to leave premises  
   112ZS.  Requirements if individual detained under warrant  
   112ZT.  Requirements regarding children  

           Division 8--General provisions relating to service of firearm prohibition orders

   112ZU.  Period and place of holding in custody after detention  
   112ZV.  Individual must not be questioned on other matters  
   112ZW.  24 hour limit on re-exercise of powers  
   112ZX.  Process on release of individual  
   112ZY.  Effect of detention under Division 6 or 7  
   112ZZ.  Circumstances in which individual is facing other charges  

           Division 9--Record keeping

   112ZZA. Duty to make records concerning service direction determinations  
   112ZZB. Duty to make records concerning service search warrants  
   112ZZC. Records to be given to IBAC  
   112ZZD. Certain persons may request records  

   PART 5--REGISTRATION OF FIREARMS

   113.    Keeping of register  
   114.    Exemption from Freedom of Information Act  
   115.    Notice of bringing into the State  
   116.    Notice of removal from the State  
   117.    Certificate of registration  
   118.    Notice of transactions  
   119.    Power of Chief Commissioner to require information  
   119A.   Power of Chief Commissioner to require firearm to have a serial number  
   119B.   Application to have serial number affixed by a method other than stamping  
   120.    Offence not to produce firearm for inspection  

   PART 6--STORAGE

   121.    Storage of firearms under longarm and handgun licences  
   121A.   Permit to store handguns  
   122.    Storage of firearms under firearms collectors and firearms heirlooms licences and ammunition under firearms ammunition collectors licence  
   123.    Storage of firearms under dealers licences  

   PART 6A--APPROVED CLUBS

           Division 1--Approved handgun target shooting clubs

   123A.   Power of the Chief Commissioner to approve handgun target shooting clubs  
   123B.   Approved handgun target shooting clubs—Record keeping requirements  
   123C.   Approved handgun target shooting clubs—reporting requirements  
   123D.   Approved handgun target shooting clubs—Requirements as to members  
   123E.   Approved handgun target shooting clubs—Reports to the Chief Commissioner as to unfit members  
   123F.   Approved handgun target shooting clubs—Power to endorse applications for general category handgun licences  
   123G.   Approved handgun target shooting clubs—Power to endorse applications for permits to acquire  

           Division 2--Approved firearms collectors clubs

   123H.   Power of the Chief Commissioner to approve firearms collectors clubs  
   123I.   Approved firearms collectors clubs—Power to endorse applications for firearms collectors licences  
   123J.   Approved firearms collectors clubs—Power to endorse applications for permits to acquire  
   123K.   Approved firearms collectors clubs—Reports to the Chief Commissioner as to unfit members  
   123L.   Approved firearms collectors clubs—Requirements as to members and former members  

           Division 3--General provisions applying to approvals under this Part

   123M.   Application for an approval under this Part  
   123N.   Requirement to nominate officers  
   123O.   Review of decision to refuse an approval under this Part  
   123P.   Conditions for an approval under this Part  
   123Q.   Review of decision to vary the conditions of an approval under this Part  
   123R.   Duration of an approval under this Part  
   123S.   Renewal of an approval under this Part  
   123T.   Power of the Chief Commissioner to renew an approval under this Part  
   123U.   Review of a decision not to renew an approval under this Part  
   123V.   Power of Chief Commissioner to cancel an approval under this Part  
   123W.   Review of decision to cancel an approval under this Part  

   PART 7--FURTHER OFFENCES AND LEGAL PROCEEDINGS

   124AA.  Conspiring to commit and aiding the commission of an offence outside Victoria  
   124.    Possession of cartridge ammunition  
   125.    Disposal of cartridge ammunition to unauthorised persons  
   126.    Safekeeping of firearms and cartridge ammunition while being carried or used  
   127.    Use of firearm by person other than the possessor  
   127A.   Offence to use firearms held under a firearms collectors licence  
   128.    Offence to damage property with a firearm  
   129.    Offence to use a firearm in a dangerous manner  
   129A.   Offence for unlicensed person to store in an insecure manner  
   130.    Offences as to possession, carriage and use of firearms in certain places  
   131.    Offence to possess, carry or use a firearm on private property without consent  
   131A.   Offence to discharge firearm at a premises or vehicle  
   132.    Offences about the carriage and the use of firearms  
   133.    Disposal of a firearm to person who is intoxicated  
   134.    Certain offences as to firearms, firearm parts, silencers and prescribed items  
   134A.   Requirement to obtain consent of Chief Commissioner to certain alterations of firearms  
   134AB.  Offence to possess or carry certain parts without the consent of the Chief Commissioner  
   134B.   Requirement to notify Chief Commissioner of certain alterations to firearms  
   134C.   Offence to possess a firearm with no serial number  
   135.    Offence to own a firearm without a licence to possess  
   136.    Disposal of firearms to minors  
   137.    Alteration of documents  
   138.    False entries  
   139.    Notification of change of certain details  
   140.    Requirement to notify Chief Commissioner of loss etc.  
   140A.   Making false or misleading statements or using false or misleading information  
   141.    Statements of the Chief Commissioner as evidence  
   142.    Liability of officers of body corporate or nominated persons for offences committed by the body corporate  
   143.    How to determine state of mind of a body corporate  
   144.    Liability of body corporate or licence holder for acts of directors, employees or agents  
   145.    Firearms found on premises or vehicle  

   PART 8--FURTHER ENFORCEMENT POWERS

   146.    Warrants to search premises  
   147.    Announcement before entry  
   148.    Copy of warrant to be given to occupier or person in charge of vehicle  
   149.    Search of persons or vehicles  
   149A.   Duty to make records concerning searches  
   150.    Power to require production of licence  
   151.    Powers of court to order forfeiture of firearms, cartridge ammunition, silencers or prescribed items  
   152.    Disposal of forfeited firearms  
   153.    Power of court to make an order with respect to the disposal of a firearm, cartridge ammunition, silencer or prescribed item  
   153A.   Powers that may be exercised by authorised officers appointed under other Acts  
   153B.   Duty to make records concerning searches  
   153C.   Annual reports  

   PART 9--FIREARMS APPEALS COMMITTEE

           Division 1--Establishment of Committee

   154.    Establishment of Committee  
   155.    Membership of the Committee  
   156.    Terms of office  
   157.    Resignation and removal  
   158.    Chairperson  
   159.    Acting member  
   160.    Payment of members  
   161.    Procedure of the Committee  
   162.    Effect of vacancy or defect  

           Division 2--Review of decisions of the Chief Commissioner

   163.    Power of committee to sit in divisions  
   164.    Decision of a Division  
   165.    Change in composition of a Division  
   166.    Procedure of Division  
   167.    How to commence a proceeding  

   PART 10--INFRINGEMENT NOTICES

   168.    Power to serve a notice  
   170.    Penalties to be paid for offences under infringement notices  

   PART 10A--FIREARM PROHIBITION ORDERS, REPORTING AND THE IBAC

           Division 1--Definitions

   171.    Definitions  

           Division 2--Annual reporting obligations

   172.    Information to be included in annual reports  

           Division 3--Monitoring the administration of Part 4A and this Part

   173.    IBAC to monitor exercise of powers etc. under Part 4A and this Part  
   174.    Reports to the Minister on monitoring  
   174A.   Request for action after monitoring  

           Division 4--IBAC Ministerial report

   174B.   IBAC Ministerial report  
   174C.   Timing of IBAC Ministerial report  
   174D.   Tabling IBAC Ministerial reports  

           Division 5--Reporting on the issue of firearm prohibition orders

   174E.   Chief Commissioner report on Part 4A matters  
   174F.   The IBAC review of matters under Part 4A and this Part  
   174G.   Preliminary processes  
   174GA.  The IBAC powers as to court records  
   174H.   Conduct of review  
   174I.   The IBAC may request that certain action be taken  

           Division 6--General

   174J.   Non-production of documents and other things in applicable proceeding, process or action  
   174K.   Exemption from Freedom of Information Act 1982  
   174L.   Disclosure of information by Chief Commissioner under this Part  
   174M.   Powers of entry and inspection  
   174N.   IBAC to be given reasonable assistance  
   174O.   Chief Commissioner to keep records  

   PART 11--GENERAL

   175.    Service of notices  
   176.    Power of delegation  
   176A.   Annual Report of Chief Commissioner  
   177.    Duplicate licences  
   178.    Application for duplicate licence  
   179.    Power of Chief Commissioner to make approvals  
   179A.   Approved handgun target shooting matches  
   180.    Deceased estates  
   181.    Disclosure of information  
   181A.   Requirement for Chief Commissioner to disclose certain information to certain approved clubs  
   182.    Appeals from decisions of Committee  
   182A.   Time period for making application for review to VCAT  
   183.    Immunity from liability  
   184.    Exemptions for museums  
   185.    Interstate licence holders—temporary visitors  
   186.    Temporary visitor permit  
   186A.   Interstate temporary visitor permits  
   187.    Interstate licence holders—permanent residents  
   188.    Power to approve schemes of compensation  
   189.    Application to be deemed not to be a prohibited person  
   189A.   Indictable offences  
   190.    Supreme Court—Limitation of jurisdiction  
   191.    Regulations  

   PART 12--TRANSITIONAL PROVISIONS

   192.    Definitions  
   193.    Repeal of Firearms Act 1958  
   194.    References  
   195.    Licences authorities permits and schemes  
   196.    Right to apply to court under section 189 before commencement of part of Act  
   197.    Appeals and rights to appeal  
   198.    Sunset on licences and permits issued under repealed provisions  
   199.    Declarations  
   200.    Prison officers  
   200A.   Transitional provision—Firearms (Trafficking and Handgun Control) Act 2003—dealers licences  
   200B.   Transitional provision—Firearms (Trafficking and Handgun Control) Act 2003—handgun licences  
   200C.   Transitional provision—Firearms (Trafficking and Handgun Control) Act 2003—applications for handgun licences  
   200D.   Transitional provision—Firearms (Trafficking and Handgun Control) Act 2003—firearms collectors licences  
   209.    Transitional provisions—Control of Weapons and Firearms Acts (Search Powers) Act 2003  
   210.    Transitional provision—handgun security guard licence  
   211.    Transitional provisions—Firearms Amendment Act 2007  
   212.    Transitional provision—Justice Legislation Amendment Act 2008  
   213.    Transitional provisions—Family Violence Protection Act 2008  
   214.    Transitional Provisions—Stalking Intervention Orders Act 2008  
   215.    Transitional provision—Firearms and Other Acts Amendment Act 2010—interstate licence holders  
   216.    Transitional provision—Firearms and Other Acts Amendment Act 2010—imitation firearms  
   217.    Transitional provision—Firearms Amendment Act 2018—trafficking  
   218.    Transitional provision—Firearms Amendment Act 2018—possession, carriage and use of firearms in certain places  
   219.    Transitional provision—Firearms Amendment Act 2018—applications for licences  
   220.    Transitional provision—Firearms Amendment Act 2018—suspended licences  
   221.    Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—lever action shotguns  
   222.    Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—trafficking  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES