Victorian Numbered Acts

FIREARMS AMENDMENT ACT 2018 (NO. 2 OF 2018) - SECT 26

After section 131 of the Principal Act insert —

        " 131A     Offence to discharge firearm at a premises or vehicle

    (1)     A person must not, with reckless disregard for the safety of any person, use a firearm to discharge a shot, bullet or other missile at a vehicle, vessel, aircraft, or premises.

Penalty:     15 years imprisonment.

    (2)     A person who, with reckless disregard for the safety of another, uses a firearm to discharge a shot, bullet or other missile at a vehicle, vessel, aircraft, or premises, while carrying out a serious indictable offence, is guilty of an offence and liable to a term of imprisonment not exceeding 20 years.

    (3)     A person does not commit an offence under subsection (1) or (2) 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 who is carrying out the purposes for which firearms may be 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 police service of the Commonwealth or of another State or a Territory who is 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 who is using a firearm which the person is authorised to 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 who is under the person who is the guard's custody; or

        (e)     a person who holds a licence under this Act, who is using a firearm which the person is authorised to 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 .

    (4)     In this section—

"serious indictable offence" has the same meaning as in section 325 of the Crimes Act 1958 .".