Western Australian Current Regulations Western Australian Current Regulations[r. 6A]
[Heading inserted: Gazette 31 Aug 2010
p. 4185.]
Each firearm described
in the Table is a category A firearm.
Table
|
Sub‑category |
Description |
|---|
|
A1 |
an air rifle |
|
A2.1 |
a single shot rim fire rifle |
|
A2.2 |
a repeating rim fire rifle |
|
A3.1 |
a single shot shotgun |
|
A3.2 |
a shotgun with 2 or more barrels |
|
A3.3 |
a repeating shotgun (bolt action) |
|
A4.1 |
a combination firearm made up of a shotgun and a rifle each of which would
individually be of category A |
|
A4.2 |
a rifle combination made up of rifles each of which would individually be of
category A |
[Clause 1 amended: Gazette
31 Aug 2010 p. 4185; 5 Apr 2016 p. 1027;
3 Feb 2017 p. 1114.]
[Heading inserted: Gazette 31 Aug 2010
p. 4185.]
Each firearm described
in the Table is a category B firearm.
Table
|
Sub‑category |
Description |
|---|
|
B1 |
a muzzle loading firearm (except a handgun) |
|
B2.1 |
a single shot centre fire rifle |
|
B2.2 |
a double barrel centre fire rifle |
|
B2.3 |
a repeating centre fire rifle |
|
B2.4 |
a repeating shotgun (lever action) with a magazine capacity of no more than 5
rounds |
|
B3.1 |
a combination firearm, not of category C or D, made up of a shotgun and a
rifle at least one of which would individually be of category B |
|
B3.2 |
a rifle combination, not of category C or D, made up of rifles at least one of
which would individually be of category B |
[Clause 2 amended: Gazette
31 Aug 2010 p. 4185; 3 Feb 2017 p. 1114.]
3 . Genuine need test for category B
To satisfy the genuine
need test for category B the applicant must satisfy the Commissioner that a
firearm of category A would be inadequate or unsuitable for the purpose for
which the firearm is required.
[Clause 3 inserted: Gazette
31 Aug 2010 p. 4185.]
[Heading inserted: Gazette 31 Aug 2010
p. 4186.]
Each firearm described
in the Table is a category C firearm.
Table
|
Sub‑category |
Description |
|---|
|
C1 |
a self loading rim fire rifle with a magazine capacity no more than
10 rounds |
|
C2 |
a self loading shotgun with a magazine capacity no more than 5 rounds |
|
C3 |
a pump action shotgun with a magazine capacity no more than 5 rounds |
|
C4.1 |
a combination firearm, not of category D, made up of a shotgun and a
rifle at least one of which would individually be of category C |
|
C4.2 |
a rifle combination, not of category D, made up of rifles at least one of
which would individually be of category C |
[Clause 4 amended: Gazette
31 Aug 2010 p. 4186.]
5 . Genuine need test for category C
To satisfy the genuine
need test for category C the applicant must satisfy the Commissioner that a
firearm of category A or B would be inadequate or unsuitable for the purpose
for which the firearm is required.
[Clause 5 inserted: Gazette
31 Aug 2010 p. 4186.]
6 . Restrictions for category C
(1) An approval or
permit can be granted or a licence can be issued for a firearm of category C
only if —
(a) it
is for a shotgun and is granted or issued to a person who —
(i)
is described in section 11A(2)(a) of the Act; and
(ii)
requires the firearm for use as described in that
provision for the purpose of training for, and participating in, an approved
national or international shooting discipline;
or
(b) it
is for a rifle or shotgun, and is granted or issued to a person
who —
(i)
is a primary producer or an approved nominee of a primary
producer; and
(ii)
requires the rifle or shotgun for the purpose of
destroying vermin or stock as described in section 8(1)(i)(i) of
the Act;
or
(c) it
is for a rifle or shotgun, and is granted or issued to a person who requires
the rifle or shotgun for the purpose of destroying vermin or stock in the
person’s capacity as a professional shooter; or
(d) it
is granted or issued for the purposes of a firearm of that category forming
part of a genuine firearm collection; or
(e) it
is granted or issued for Commonwealth or State government purposes.
(2) An approval or
permit can be granted or a licence can be issued in accordance with
paragraph (b) of item (1) to a person who would, as a result, be
authorised to use a rifle or shotgun of category C on land on which another
person, as the holder of a licence, permit, or approval given in accordance
with that paragraph, is already authorised to use a rifle or shotgun of that
category only if the Commissioner considers it appropriate having regard to
the size of the land and any other relevant factor.
[Clause 6 amended: Gazette
31 Aug 2010 p. 4186.]
[Heading inserted: Gazette 31 Aug 2010
p. 4186.]
Each firearm described
in the Table is a category D firearm.
Table
|
Sub‑category |
Description |
|---|---|
|
D1 |
a self loading centre fire rifle designed or adapted for military purposes or
a firearm that substantially duplicates such a firearm in design, function, or
appearance |
|
D2 |
a self loading centre fire rifle that is not of sub‑category D1 |
|
D3 |
a self loading shotgun with a magazine capacity more than 5 rounds |
|
D4 |
a pump action shotgun with a magazine capacity more than 5 rounds |
|
D5 |
a self loading rim fire rifle with a magazine capacity more than 10 rounds |
|
D5.1 |
a repeating shotgun (lever action) with a magazine capacity more than 5 rounds
|
|
D6.1 |
a combination firearm made up of a shotgun and a rifle at least one of which
would individually be of category D |
|
D6.2 |
a rifle combination made up of rifles at least one of which would individually
be of category D |
[Clause 7 amended: Gazette
31 Aug 2010 p. 4186; 3 Feb 2017 p. 1114.]
8 . Genuine need test for category D
To satisfy the genuine
need test for category D the applicant must —
(a) be a
Government department, State instrumentality or agency of the Commonwealth
approved under section 16D of the Act; and
(b)
satisfy the Commissioner that the firearm is required for State or
Commonwealth government purposes.
[Clause 8 inserted: SL 2023/1
r. 8.]
[Heading inserted: Gazette 31 Aug 2010
p. 4186.]
Each firearm described
in the Table is a category E firearm.
Table
|
Sub‑category |
Description |
|---|
|
E1 |
a cannon |
|
E3 |
a line thrower |
|
E4 |
a tranquilliser |
|
E5 |
a paintball gun |
|
E6 |
any firearm that is not of sub‑category E1, E2, E3, E4, or E5, or
category A, B, C, D, or H |
[Clause 9 amended: Gazette
31 Aug 2010 p. 4187; 29 Nov 2016 p. 5323.]
[Heading inserted: Gazette 31 Aug 2010
p. 4187.]
Each firearm described
in the Table is a category H firearm.
Table
|
Sub‑category |
Description |
|---|---|
|
H1 |
a handgun (including an air pistol) |
|
H2 |
an underwater explosive device |
[Clause 10 amended: Gazette
31 Aug 2010 p. 4187.]
11 . Genuine need test for category H
(1) To satisfy the
genuine need test for category H the applicant must satisfy the
Commissioner —
(a) that
a firearm of category A, B or C would be inadequate or unsuitable for the
purpose for which the firearm is required; or
(b) if
the firearm required is of category H1 and is a revolver described in
clause 12(7A)(b) —
(i)
that the applicant is an individual referred to in
clause 12(1)(ba) and is involved in mustering or yarding cattle that are
grazed on the pastoral lease or diversification lease; and
(ii)
that the firearm is required when mustering or yarding
the cattle to deal with any animals (whether cattle or not) that are dangerous
to people.
(2) A person does not
have a genuine need to acquire or possess a firearm of category H because it
is required for —
(a)
hunting; or
(b)
recreational shooting, unless the person is a person described in
clause 12(1)(a) and requires the firearm for a purpose described in that
paragraph; or
(c)
destroying stock or vermin in circumstances other than those described in
subclause (1)(b)(ii).
[Clause 11 amended: Gazette
31 Aug 2010 p. 4187‑8; SL 2023/129 r. 4.]
12 . Restrictions for category H
(1) An approval or
permit can be granted or a licence can be issued for a firearm of category H
only if —
(a)
subject to subclauses (2) to (6), it is for a firearm of
category H1, and is granted or issued to a person described in
section 11A(2)(a) of the Act who requires the firearm for use as
described in that provision for the purpose of training for, and participating
in, a club, interclub, State, national, or international shooting discipline;
or
(ba) it
is for a firearm of category H1, and is granted or issued to an individual who
either —
(i)
holds a pastoral lease or diversification lease, whether
alone or with one or more other persons, on which cattle are grazed for
commercial purposes; or
(ii)
is nominated by the person or persons who hold such a
pastoral lease or diversification lease and is approved by the Commissioner,
but not to more than
one such person, for the purpose described in clause 11(1)(b)(ii); or
(b) it
is for a firearm of category H2, and is granted or issued to a person who
requires the firearm for the purposes of professional or recreational diving;
or
(c) it
is granted or issued to a person who requires it in the course of the
person’s occupation; or
(d) it
is granted or issued for the purposes of a firearm of that category forming
part of a genuine firearm collection; or
(e) it
is granted or issued for Commonwealth or State government purposes.
(2) An approval or
permit may be granted, and a licence may be issued, to a person under
subclause (1)(a) only if —
(a) the
person has been a member of an approved shooting club for at least
6 months; and
(b) if
the person has been a member of an approved shooting club for less than
12 months, the approval, permit or licence does not apply to more than
2 handguns being either —
(i)
one .177 air pistol and one .22 calibre handgun; or
(ii)
one .177 air pistol and one centre fire handgun;
and
(c) the
person has satisfactorily completed an approved firearm safety training course
while being a member of the shooting club.
(3) Subject to
subclause (5), an approval or permit may be granted, and a licence may be
issued, to a person under subclause (1)(a) only if it applies to a
handgun —
(a) that
has a calibre of .45 or less; and
(b) that
is not capable of firing more than 10 rounds without being reloaded; and
(c) that
has a barrel length 120 mm or more in the case a semi‑automatic
handgun and 100 mm or more in any other case, unless the Commissioner is
satisfied that —
(i)
the handgun has been specially designed for target
shooting; and
(ii)
the design does not make the handgun easier to conceal
than a handgun that has a barrel length of 120 mm or 100 mm, as the
case requires.
(4) Subject to
subclause (5), an approval or permit may be granted, and a licence may be
issued, to a person under subclause (1)(a) in relation to a handgun that
has a calibre greater than .38 but not greater than .45 only if the approval,
permit or licence is subject to the condition that the handgun must not be
used except in either —
(a) the
shooting discipline known as “Metallic Silhouette”; or
(b) the
shooting discipline known as “Western Action” or “Single
Action”.
(5)
Subclauses (3) and (4) do not apply to a muzzle loading handgun or a cap
and ball percussion fired handgun.
(6) An approval or
permit may be granted, and a licence may be issued, to a person under
subclause (1)(a) only if it is subject to the condition that —
(a) if
the approval, permit or licence relates to one or more handguns in a single
discipline — the licensee must use one of those handguns in at
least 6 shooting competitions organised by the club for the discipline on
different days in each year; or
(b) if
the approval, permit or licence relates to at least one handgun in each of 2
or more disciplines — the licensee must use a handgun from each
discipline in at least 4 shooting competitions organised by the club for
the discipline on different days in each year.
(7A) Under
subclause (1)(ba) one individual cannot be granted an approval or permit
or issued a licence —
(a) for
more than one firearm of category H1; or
(b) for
a firearm of category H1 other than one that —
(i)
is a revolver; and
(ii)
has a calibre of 0.38 or more and not more than 0.45; and
(iii)
has a barrel length of 100 mm or more;
or
(c)
unless it is subject to a condition that the firearm must not be used except
on a pastoral lease or diversification lease.
(7B) Under
subclause (1)(ba)(ii) a person who holds 2 or more pastoral leases or
diversification leases may nominate one individual for each lease and may
nominate the same individual for more than one lease.
(7) In this
clause —
approved means —
(a)
approved by the Commissioner; or
(b)
approved in another State or Territory under a law of that State or Territory
corresponding to this clause;
barrel length in relation to a handgun
means —
(a) in
the case of a revolver — the distance from the muzzle of the barrel
to the breach end immediately in front of the cylinder; and
(b) in
any other case — the distance from the muzzle of the barrel to the
point of the breach face (including the chamber), measured with the top slide
(if any) in the closed position;
diversification lease means, as the case
requires —
(a) a
diversification lease as defined in the Land Administration Act 1997
section 92B(1); or
(b) the
land to which such a lease applies;
pastoral lease means, as the case
requires —
(a) a
pastoral lease of Crown land granted under the Land Administration
Act 1997 section 101 or continued under section 143 of that
Act; or
(b) the
land to which such a lease applies.
[Clause 12 amended: Gazette
31 Aug 2010 p. 4188‑9; SL 2023/129 r. 5.]
[Schedule 3 inserted: Gazette
6 Dec 1996 p. 6842‑6; amended: Gazette
24 Sep 1997 p. 5367; 12 Aug 2003
p. 3670‑1; 24 Dec 2004 p. 6268; 6 Nov 2009
p. 4445; 31 Aug 2010 p. 4185‑9.]