Victorian Current Acts Victorian Current ActsS. 94(1) substituted by No. 44/2021 s. 17.
(1) A licensed firearms dealer must not dispose of a category A or B longarm unless the firearm is being disposed of to a person who—
(a) produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm that is issued to the person under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 60 penalty units or 12 months imprisonment.
S. 94(2) amended by No. 28/2003 s. 39(1), substituted by No. 44/2021 s. 17.
(2) A licensed firearms dealer must not dispose of a category C or D longarm or a general category handgun unless the firearm or handgun is being disposed of to a person who—
(a) produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm or the handgun (as the case requires) that is issued to the person under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 120 penalty units or 2 years imprisonment.
S. 94(3) amended by No. 28/2003 s. 39(2), substituted by No. 44/2021 s. 17.
(3) A licensed firearms dealer must not dispose of a category E longarm, category E handgun or any other firearm (other than a firearm or handgun referred to in subsection (1) or (2)) unless the firearm or handgun is being disposed of to a person who—
(a) produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm or handgun (as the case requires) that is issued to the person under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 240 penalty units or 4 years imprisonment.
S. 94(4) amended by No. 2/2024 s. 12(1).
(4) Subject to subsection (5), a firearm may be disposed of under this section to any one of the following—
(a) another person who is a licensed firearms dealer;
(b) a person who is authorised by a licence under this Act to possess, carry or use that firearm and who holds a permit under this Act to acquire that firearm;
(c) a person who is exempted by this Act from the requirement to have a licence in order to possess, carry or use that category of firearm;
S. 94(4)(ca) inserted by No. 55/2009 s. 16, amended by No. 82/2012 s. 95(a).
(ca) a senior IBAC Officer who is—
(i) exempted by this Act from the requirement to have a licence in order to possess, carry or use firearms; and
S. 94(4)(ca)(ii) amended by No. 82/2012 ss 95(b), 309.
(ii) authorised under section 109 of the Independent Broad-based Anti-corruption Commission Act 2011 to acquire or dispose of firearms;
S. 94(4)(d) amended by No. 37/2014 s. 10(Sch. item 63.5).
(d) a police officer, who is acting in the course of his or her duty;
S. 94(4)(e) inserted by No. 84/1997 s. 44.
(e) a person who is the holder of an inter-State permit to acquire a category A or B longarm where—
(i) that person is acquiring a category A or B longarm in accordance with the permit; and
(ii) the permit has been issued not more than 28 days before the acquisition of the longarm; and
(iii) in order to acquire the longarm, the permit holder personally attends at the premises where the dealer from whom the longarm is being acquired carries on business;
S. 94(4)(f) inserted by No. 84/1997 s. 44 , amended by No. 28/2003 s. 39(3).
(f) a person who is the holder of an inter-State permit to acquire a category C longarm or a general category handgun where—
S. 94(4)(f)(i) amended by No. 28/2003 s. 39(3).
(i) that person is acquiring a category C longarm or a general category handgun in accordance with the permit; and
(ii) the permit has been issued not more than 28 days before the acquisition of the firearm; and
(iii) in order to acquire the firearm, the permit holder personally attends at the premises where the dealer from whom the firearm is being acquired carries on business.
S. 94(5) inserted by No. 2/2024 s. 12(2).
(5) If a licensed firearms dealer acquires a firearm in accordance with section 93(4)(da) that is not a firearm of a category for which the dealer is licensed, the dealer must dispose of the firearm within 28 days to—
(a) a licensed firearms dealer with an appropriate licence for that firearm; or
(b) a police officer who is acting in the course of the police officer's duties.