Victorian Numbered Acts Victorian Numbered Acts(1) Insert the following heading to section 130 of the Principal Act—
" Offences as to possession, carriage and use of firearms in certain places ".
(2) For section 130(1) of the Principal Act substitute —
"(1) A person must not possess a loaded firearm—
(a) in a public place; or
(b) in any other place with reckless disregard for the safety of any person.
Penalty: 10 years imprisonment.
(1A) A person must not carry a loaded firearm—
(a) in a public place; or
(b) in any other place with reckless disregard for the safety of any person.
Penalty: 10 years imprisonment.
(1B) A person must not use a firearm—
(a) in a public place; or
(b) in any other place with reckless disregard for the safety of any person.
Penalty: 10 years imprisonment.".
(3) For section 130(2) of the Principal Act substitute —
"(2) To avoid doubt, the interior and exterior of any vehicle, vessel or aircraft that is in a public place is a public place.
(2A) A person does not commit an offence under subsection (1), (1A) or (1B) if the person is—
(a) a police officer or a protective services officer who is acting in the course of the police officer's or protective services officer's official duties and when so authorised by the Chief Commissioner; or
(b) a senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried or used, and as authorised under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(c) a member of a police force or a police service of the Commonwealth or of another State or a Territory who is possessing, carrying or using a firearm issued to the member for the performance of a detailed duty; or
(d) a person who holds a licence under this Act, that is issued for the reason of prison guard and who is 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 the person's duties as a prison guard and who is in the immediate pursuit of another person under the person who is the guard's custody; or
(e) a person who holds a licence under this Act, and who is possessing, carrying or using a firearm which the person is authorised to possess, carry or use under the licence and who is acting in the course of the person's 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 ; or
(f) a person who holds a licence under this Act, and who is possessing, carrying or using a firearm which the person is authorised to possess, carry or use in accordance with the licence and who is acting under a game licence under the Wildlife Act 1975 ; or
(g) a person who holds a licence under this Act, and who is possessing, carrying or using a firearm in accordance with the licence and with any other requirements of any other law, licence, permit or other authority that applies to the possession, carriage or use.".
(4) In section 130(3) of the Principal Act, for "(1)" substitute "(1)(a), (1A)(a) or (1B)(a)".
(5) In section 130(3) of the Principal Act, after "person who" insert "possesses,".
(6) At the end of section 130 of the Principal Act insert —
"(7) In this section—
"loaded", in relation to a firearm, includes the following—
(a) a firearm that has cartridge ammunition in its chamber or barrel;
(b) a firearm that is fitted with a magazine or other device that is loaded with cartridge ammunition, if the cartridge ammunition can be fitted to the chamber or barrel of the firearm by the operation of another part of the firearm.".