Victorian Current Acts

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FIREARMS ACT 1996 - SECT 131

Offence to possess, carry or use a firearm on private property without consent

    (1)     A person must not—

        (a)     possess, carry or use a firearm on private property; or

        (b)     discharge a shot, bullet or other missile from a firearm onto or across private property—

without the consent of the owner or occupier of the property.

Penalty:     60 penalty units or 12 months imprisonment.

    (2)     In any proceedings for an offence under subsection (1)(a), it is a defence for a person to satisfy the court that he or she was approaching the residence of the owner or occupier of the property along a defined path for the purposes of applying for such consent.

S. 131(3) inserted by No. 26/1997 s. 27.

    (3)     Subsection (1) does not apply to—

S. 131(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.7(a)).

        (a)     any police officer or a protective services officer when acting in the course of his or her official duties and when so authorised by the Chief Commissioner; or

S. 131(3)(ab) inserted by No. 55/2009 s. 20, substituted by No. 82/2012 s. 98.

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

S. 131(3)(b) amended by No. 37/2014 s. 10(Sch. item 63.7(b)).

        (b)     any member of a police force or police service of the Commonwealth or of another State or a Territory when carrying or using a firearm issued to him or her for the performance of a detailed duty; or

        (c)     any person who holds a licence under this Act, issued for the reason of prison guard when carrying or using a firearm which the guard is authorised to carry or use under the licence, when acting in the course of his or her duties as a prison guard and when in the immediate pursuit of a person under his or her custody; or

        (d)     any person who holds a licence under this Act, when 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 his or her 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 .

S. 131(4) inserted by No. 50/2007 s. 35.

    (4)     Despite subsection (1), a person—

        (a)     who is possessing or carrying a firearm under a licence under this Act; and

        (b)     who is crossing Crown land over which there is a licence, for the purpose of hunting in accordance with the Wildlife Act 1975 on land that can only be accessed by passage over the Crown land—

is not required to obtain the consent of the holder of the licence over the Crown land.

S. 131A inserted by No. 2/2018 s. 26.



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