Victorian Numbered Acts Victorian Numbered ActsAfter Part 4 of the Principal Act insert —
In this Part and in Parts 8 and 10A—
"firearm prohibition order" means an order made under section 112D(1);
"firearm related item" means any of the following—
(a) a part of a firearm;
(b) cartridge ammunition;
(c) a silencer;
(d) an attachment for a firearm;
(e) an accessory for a firearm;
(f) any other prescribed item related to a firearm.
A person to whom a firearm prohibition order applies must not acquire, possess, carry or use a firearm or firearm related item.
Penalty: 10 years imprisonment.
(1) A person must not, knowing that a firearm prohibition order applies to another person—
(a) dispose of or give possession of a firearm to the other person; or
(b) enable or permit the other person to possess, carry or use a firearm.
Penalty: 10 years imprisonment.
(2) A person must not, knowing that a firearm prohibition order applies to another person—
(a) dispose of or give possession of a firearm related item to the other person; or
(b) enable or permit the other person to possess, carry or use a firearm related item.
Penalty: 3 years imprisonment.
(1) The Chief Commissioner may make an order prohibiting an individual from doing all or any of the following—
(a) acquiring any firearm or firearm related item;
(b) possessing, carrying or using any firearm or any firearm related item.
(2) The Chief Commissioner must not make a firearm prohibition order in respect of a person who is under the age of 14 years.
(3) A firearm prohibition order may be made even though the individual to whom the order applies or is to apply has never acquired, possessed, carried or used a firearm or a firearm related item.
(4) A firearm prohibition order may be made that applies to an individual to whom a previous firearm prohibition order applied that has expired or been revoked.
The Chief Commissioner may make a firearm prohibition order only if the Chief Commissioner is satisfied that it is in the public interest to do so—
(a) because of the criminal history of the individual; or
(b) because of the behaviour of the individual; or
(c) because of the people with whom the individual associates; or
(d) because, on the basis of information known to the Chief Commissioner about the individual, the individual may pose a threat or risk to public safety.
(1) The Chief Commissioner, in writing, may delegate the power to make a firearm prohibition order to—
(a) a Deputy Commissioner; or
(b) an Assistant Commissioner; or
(c) a person employed by the Chief Commissioner under Division 5 of Part 3 of the Public Administration Act 2004 at an executive level in the Victorian public service; or
(d) a person who has the rank of commander; or
(e) a person who has the rank of chief superintendent or superintendent who has responsibility over one or more of the following portfolio types—
(i) crime;
(ii) transit and public safety;
(iii) intelligence and covert support;
(iv) licensing and regulation;
(v) family violence;
(vi) counter terrorism;
(vii) operational support.
(2) In this section, "Deputy Commissioner", Assistant Commissioner", "commander , chief superintendent and superintendent have the same meanings as in the Victoria Police Act 2013 .
A firearm prohibition order must contain the following particulars—
(a) a statement of the effect of the order, including the conduct prohibited by the order and the powers for enforcing the order under this Part;
(b) information identifying the individual to whom the order applies;
(c) a statement of the fact that the order takes effect on the day on which it is served on the individual to whom it applies;
(d) the date on which the order expires;
(e) the provisions of this Act that empower the making of the order;
(f) a statement setting out section 112P and a direction to comply with that section;
(g) that the individual to whom the order applies may apply to VCAT under this Act for review of the decision to make the order;
(h) details of—
(i) the offences in sections 112B, 112O and 112P; and
(ii) the powers of police under sections 112Q, 112R and 112S; and
(iii) the effect of section 112H.
(1) All licences, permits and approvals under this Act (if any) held by an individual to whom a firearm prohibition order applies are cancelled by the making of the order and the cancellation has effect on the order being served on the individual.
(2) If a licence, permit or approval under this Act is held by a body corporate, an officer of which is an individual to whom a firearm prohibition order applies, the licence, permit or approval is cancelled by the making of the order and the cancellation has effect on the order being served on the individual.
Note
See offence in section 112P as to surrender of firearms.
A firearm prohibition order must be served in person on the individual to whom it applies by a police officer.
(1) A firearm prohibition order that applies to an individual who is of or over the age of 18 years remains in force for 10 years from the day on which it is served on the individual.
(2) A firearm prohibition order that applies to an individual who is under the age of 18 years remains in force for 5 years from the day on which it is served on the individual.
(1) The Chief Commissioner may revoke a firearm prohibition order.
(2) To avoid doubt, the power in subsection (1) is a power that may be exercised solely at the discretion of the Chief Commissioner and application may not be made to the Chief Commissioner by another person for the Chief Commissioner to exercise the power.
(1) An individual to whom a firearm prohibition order applies may apply to VCAT for a review of the Chief Commissioner's decision to make the order.
(2) Section 50(3) of the Victorian Civil and Administrative Tribunal Act 1998 does not apply to a review under subsection (1).
(1) Subject to subsection (2), during the operation of a firearm prohibition order, the individual to whom the order applies may apply to VCAT for a review of the decision to make the order.
(2) An application under subsection (1) may be made if more than half the time for which the order is in force under this Act has expired.
(3) An application under subsection (1) must not be made more than once in respect of an order.
(4) The right to apply for review under subsection (1)—
(a) is in addition to the right set out in section 112L; and
(b) may be exercised irrespective of whether a right under section 112L has been exercised.
(5) Sections 45(2) and 50(3) of the Victorian Civil and Administrative Tribunal Act 1998 do not apply to a review applied for under subsection (1).
(6) In making a decision on a review applied for under subsection (1), VCAT may—
(a) have regard to all information and material on which the decision to make the order was based; and
(b) any other relevant information and material.
To avoid doubt, section 54 of the Victorian Civil and Administrative Tribunal Act 1998 applies to a review under this Division.
(1) An individual to whom a firearm prohibition order applies must not enter or remain on any of the following—
(a) a premises on which a person carries on the business of being a firearms dealer (within the meaning of Part 3);
(b) a shooting range;
(c) a handgun target shooting club;
(d) a firearms collectors club;
(e) a shooting club;
(f) a place where a handgun target shooting match is occurring;
(g) a paintball range or place at which paintball activities are carried out;
(h) a premises where firearms are stored;
(i) a prescribed premises.
Penalty: 50 penalty units or 12 months imprisonment.
(2) Premises that may be prescribed for the purpose of subsection (1)(i) are premises where the presence of an individual to whom a firearm prohibition order applies is a risk to public safety and order.
(1) At the time a firearm prohibition order is served, the individual on whom the order is served must immediately surrender, to the police officer serving the order, or a police officer assisting that officer, any firearm or firearm related item—
(a) that is in the possession of that individual; or
(b) that the individual is carrying or using.
Penalty: 5 years imprisonment.
(2) If an individual is unable to surrender a firearm or firearm related item under subsection (1), the individual must surrender that firearm or firearm related item to a police officer in the manner directed by the police officer who serves the order, and no later than 24 hours after the order is served.
Penalty: 5 years imprisonment.
(1) A police officer, without warrant or consent, may exercise any of the powers under subsection (2), if the exercise of the power is reasonably required to determine whether an individual to whom a firearm prohibition order applies has acquired, possesses or is carrying or using a firearm or firearm related item in contravention of section 112B or another provision of this Act.
(2) For the purposes of subsection (1), the police officer may exercise the following powers—
(a) enter and search any premises occupied by, in the care of or under the control or management of the individual, including any thing on the premises and including any vehicle, vessel or aircraft on the premises;
(b) search any vehicle, vessel or aircraft that is in the charge of the individual, or in which the individual is a passenger, wherever the vehicle, vessel or aircraft is located.
(3) A police officer may conduct an entry or a search under this section with the assistance of any other police officer.
(4) A police officer who conducts an entry
or a
search under this section may do the following—
(a) stop and detain the vehicle, vessel or aircraft being searched for so long as is reasonably necessary to conduct the search;
(b) seize any firearm or firearm related item found on the premises, vehicle, vessel or aircraft.
(5) Before a police officer commences a search of a premises, vehicle, vessel or aircraft under this section, if the individual to whom the order applies is present, the police officer must inform the individual—
(a) of the registered number of the police officer allocated to the police officer by Victoria police; and
(b) that the police officer intends to search the premises, vehicle, vessel or aircraft for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(6) If it is not practicable to do give the information required to be given under subsection (5) before commencing a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information required to be given under subsection (5) after the search is finished.
(7) If so requested by another person present at the premises, vehicle, vessel or aircraft at any time before commencing or during a search under this section, the police officer must inform the person—
(a) of the registered number of the police officer allocated to the police officer by Victoria police; and
(b) that the police officer intends to search, or is searching, the premises, vehicle, vessel or aircraft for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(8) If it is not practicable to do give the information required to be given under subsection (7) before commencing a search or during a search because of a risk to the safety of a police officer or person involved in the search, the police officer must give the information required to be given under subsection (7) after the search is finished.
(1) A police officer, without warrant or consent, may exercise any of the powers set out in subsection (2), if the exercise of the power is reasonably required to determine whether an individual has acquired, possesses or is carrying or using a firearm or firearm related item in contravention of section 112B or another provision of this Act.
(2) For the purposes of subsection (1), the police officer may exercise the following powers—
(a) search the individual, other than by strip searching the individual;
(b) search any item, package or thing in the possession of the individual.
(3) A police officer who conducts a search under this section may do the following—
(a) stop and detain the individual being searched for so long as is reasonably necessary to conduct the search;
(b) seize any firearm or firearm related item—
(i) that is found on the individual or in any item, package or thing in the individual's possession; or
(ii) that the individual is carrying or using.
(4) Before a police officer commences a search of an individual to whom a firearm prohibition order applies under this section or any item package or thing in the possession of the individual, the police officer must inform the individual—
(a) of the registered number of the police officer allocated to the police officer by Victoria police; and
(b) that the police officer intends to search the individual and any item, package or thing in the individual's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(5) A police officer may detain an individual for so long as is reasonably necessary to conduct a search under this section.
(1) A police officer, without warrant or consent, may exercise any of the powers set out in subsection (2) with respect to a person who is in the company of an individual to whom a firearm prohibition order applies, if the police officer reasonably suspects that the person—
(a) is committing or is about to commit an offence against this Act; and
(b) has a firearm or firearm related item in the person's possession.
(2) For the purposes of subsection (1), the police officer may exercise the following powers—
(a) search the person, other than by strip searching the person;
(b) search any item, package or thing in the possession of the person.
(3) A police officer who conducts a search under this section may do the following—
(a) stop and detain the person being searched for so long as is reasonably necessary to conduct the search;
(b) seize any firearm or firearm related item—
(i) that is found on the person or in any item, package or thing in the person's possession; or
(ii) that the person is carrying or using.
(4) Before a police officer commences a search of a person under this section, or any item, package or thing in the possession of the person, the police officer must inform the person—
(a) of the registered number of the police officer allocated to the police officer by Victoria police; and
(b) that the police officer intends to search the person and any item, package or thing in the person's possession for any firearm or firearm related item and that the police officer is empowered to conduct the search under this Act.
(5) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.
(1) If a firearm or firearm related item is surrendered or seized under this Part the following subsections apply.
(2) The police officer to whom the firearm or firearm related item was surrendered or who seized the firearm or firearm related item may retain possession of the firearm or firearm related item—
(a) if the firearm or firearm related item is evidence of an offence against this Act, for so long as is required for that purpose; or
(b) if it is reasonably necessary to test the firearm or firearm related item to determine if it is evidence of an offence against this Act or another Act, for so long as is required for that purpose.
(3) The firearm or firearm related item is forfeited to the Crown—
(a) if the individual or person who surrendered the firearm or firearm related item or from whom the firearm or firearm related item was seized is not lawfully entitled to possess the firearm or firearm related item, and no other person is lawfully entitled to possess the firearm or firearm related item; or
(b) if the firearm or firearm related item has been acquired, possessed, carried or used, in contravention of this Act, by the individual or person who surrendered it or from whom it was seized.
(4) The firearm or firearm related item must be returned to the person who is lawfully entitled to possess it if—
(a) the firearm or firearm related item is not forfeited to the Crown under subsection (3); and
(b) the firearm or firearm related item is not required or no longer required under subsection (2).
Note
Part 8 deals with the disposal of firearms and other items forfeited to the Crown or surrendered or seized under this Act.
(1) Any reference in a provision listed in subsection (2)—
(a) to a prohibited person is taken to include a reference to an individual to whom a firearm prohibition order applies ; and
(b) to a non-prohibited person is taken not to include a reference to an individual to whom a firearm prohibition order applies .
(2) For the purpose of subsection (1), the following provisions are listed—
(a) any provision of Division 2, 4,
5, 6,
7, 8 or 10 of Part 2;
(b) any provision of Part 3 (other than Division 3), 4, 6 or 6A; and
(c) section 179.".