Victorian Current Acts

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FIREARMS ACT 1996 - SECT 45

Disposal of firearms where licence not renewed

S. 45(1) substituted by No. 26/1997 s. 22.

    (1)     A person whose licence is not renewed does not commit an offence under this Part if he or she possesses or carries a firearm held under that licence—

        (a)     if no application for review has been made against the decision not to renew the licence, for 28 days after the licence expires, for the purposes of disposing of the firearm; or

        (b)     if an application for review has been made against the decision not to renew the licence, for 28 days after the confirmation of the decision, for the purposes of disposing of the firearm.

    (2)     If a condition on a licence is altered or varied under section 43, the holder of the licence does not commit an offence under this Part if he or she possesses or carries a firearm held under that licence which must be disposed of because of that alteration or variation for a period of 28 days after the alteration or variation for the purposes of disposing of the firearm.

    (3)     A person who is disposing of a category A
or B longarm in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a licensed firearms dealer.

Penalty:     60 penalty units or 12 months imprisonment.

S. 45(4) amended by No. 28/2003 s. 22(1).

    (4)     A person who is disposing of a category C or D longarm or a general category handgun in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a licensed firearms dealer.

Penalty:     120 penalty units or 2 years imprisonment.

S. 45(5) amended by No. 28/2003 s. 22(2).

    (5)     A person who is disposing of a category E longarm or a category E handgun in the circumstances to which subsection (1) or (2) applies must dispose of that firearm in the manner specified in the licence.

Penalty:     240 penalty units or 4 years imprisonment.

Division 9—Suspension and cancellation of licences under this Part



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