Victorian Current Acts

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FIREARMS ACT 1996 - SECT 221

Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—lever action shotguns

    (1)     On and after the commencement of section 38 of the Justice Legislation Amendment (Police and Other Matters) Act 2019

        (a)     a lever action shotgun with a magazine capacity of no more than 5 rounds held by a person under a category A longarm licence immediately before the commencement may continue to be held under the person's category A longarm licence (including any renewal of that licence) if that person does not hold a category B longarm licence; and

        (b)     a lever action shotgun with a magazine capacity of more than 5 rounds held by a person under a category A longarm licence immediately before the commencement—

              (i)     in the case of a person who does not hold a category B longarm or category D longarm licence, may continue to be held under the person's category A longarm licence (including any renewal of that licence); and

              (ii)     in the case of a person who holds a category B longarm licence and does not hold a category D longarm licence, is to be held by the person under the category B longarm licence (including any renewal of that licence); and

        (c)     if a person has a permit to acquire a lever action shotgun in force but has not yet acquired a lever action shotgun under the permit, the permit ceases to be in force, unless—

              (i)     in the case of a lever action shotgun with a magazine capacity of no more than 5 rounds, the person holds a category B longarm licence; or

              (ii)     in the case of a lever action shotgun with a magazine capacity of more than 5 rounds, the person holds a category D longarm licence; and

        (d)     a person referred to in section 185(1), (2) or (2A) who holds an interstate licence that authorises the possession, carriage or use of a lever action shotgun is authorised under that licence to possess, carry or use the shotgun for the purposes set out in those subsections.

    (2)     If a permit to acquire ceases to be in force as a result of subsection (1)(c), section 112(1) applies as if a reference to the permit being surrendered or cancelled were a reference to the permit ceasing to be in force.

S. 222 inserted by No. 3/2019 s. 44.



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