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FIREARMS ACT 1996 - SECT 130

Offences as to possession, carriage and use of firearms in certain places

S. 130(1) substituted by No. 2/2018 s. 25(2).

    (1)     A person must not possess a loaded firearm

        (a)     in a public place; or

        (b)     in any other place with reckless disregard for the safety of any person.

Penalty:     10 years imprisonment.

S. 130(1A) inserted by No. 2/2018 s. 25(2).

    (1A)     A person must not carry a loaded firearm

        (a)     in a public place; or

        (b)     in any other place with reckless disregard for the safety of any person.

Penalty:     10 years imprisonment.

S. 130(1B) inserted by No. 2/2018 s. 25(2).

    (1B)     A person must not use a firearm

        (a)     in a public place; or

        (b)     in any other place with reckless disregard for the safety of any person.

Penalty:     10 years imprisonment.

S. 130(2) amended by Nos 26/1997 s. 26, 55/2009 s. 19, 82/2012 s. 97, 37/2014 s. 10(Sch. item 63.6), substituted by No. 2/2018 s. 25(3).

    (2)     To avoid doubt, the interior and exterior of any vehicle, vessel or aircraft that is in a public place is a public place.

S. 130(2A) inserted by No. 2/2018 s. 25(3).

    (2A)     A person does not commit an offence under subsection (1), (1A) or (1B) if the person is—

        (a)     a police officer or a protective services officer who is acting in the course of the police officer's or protective services officer's official duties and when so authorised by the Chief Commissioner; or

        (b)     a senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried or used, and as authorised under Part 5 of the  Independent Broad-based Anti‑corruption Commission Act 2011 ; or

        (c)     a member of a police force or a police service of the Commonwealth or of another State or a Territory who is possessing, carrying or using a firearm issued to the member for the performance of a detailed duty; or

        (d)     a person who holds a licence under this Act, that is issued for the reason of prison guard and who is carrying or using a firearm which the person is authorised to carry or use under the licence, and who is acting in the course of the person's duties as a prison guard and who is in the immediate pursuit of another person under the person who is the guard's custody; or

        (e)     a person who holds a licence under this Act, and who is possessing, carrying or using a firearm which the person is authorised to possess, carry or use under the licence and who is acting in the course of the person's duties under any relevant law within the meaning of the  Conservation, Forests and   Lands   Act   1987 or under the  Livestock Disease Control Act 1994 or the Prevention of Cruelty to Animals Act 1986 ; or

        (f)     a person who holds a licence under this Act, and who is possessing, carrying or using a firearm which the person is authorised to possess, carry or use in accordance with the licence and who is acting under a game licence under the Wildlife Act 1975 ; or

        (g)     a person who holds a licence under this Act, and who is possessing, carrying or using a firearm in accordance with the licence and with any other requirements of any other law, licence, permit or other authority that applies to the possession, carriage or use.

S. 130(3) inserted by No. 22/1998 s. 32, amended by No. 2/2018 s. 25(4)(5).

    (3)     Subsection (1)(a), (1A)(a) or (1B)(a) does not apply to a person who possesses, carries or uses a firearm with the written permission of the Chief Commissioner.

S. 130(4) inserted by No. 22/1998 s. 32.

    (4)     The Chief Commissioner must not give permission under subsection (3) unless the Chief Commissioner is satisfied that—

        (a)     the carriage or use of the firearm is consistent with the reason for which the licence was issued; or

        (b)     there is a significant public benefit to be obtained from the carriage or use of the firearm; or

        (c)     the carriage or use of the firearm is for the purposes of public safety.

S. 130(5) inserted by No. 22/1998 s. 32.

    (5)     The Chief Commissioner may impose conditions on a permit under subsection (3).

S. 130(6) inserted by No. 22/1998 s. 32.

    (6)     A permit under subsection (3) continues in force for the period specified in the permit.

S. 130(7) inserted by No. 2/2018 s. 25(6).

    (7)     In this section—

"loaded", in relation to a firearm, includes the following—

        (a)     a firearm that has cartridge ammunition in its chamber or barrel;

        (b)     a firearm that is fitted with a magazine or other device that is loaded with cartridge ammunition, if the cartridge ammunition can be fitted to the chamber or barrel of the firearm by the operation of another part of the firearm.



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