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This is a Bill, not an Act. For current law, see the Acts databases.
FIREARMS (PROHIBITED PISTOLS) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police, Emergency Services and
Corrections)
Firearms
(Prohibited Pistols) Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police, Emergency Services and
Corrections)
Firearms (Prohibited
Pistols) Amendment Bill 2003
A Bill for
An Act to amend the Firearms Act 1996 and Firearms Regulations
1997
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Firearms (Prohibited Pistols) Amendment Act
2003.
This Act commences on 1 July 2003.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This part and schedule 1 amend the Firearms Act 1996.
4 Definitions
for ActSection 4, definition of
active
substitute
active, for a member of an approved club,
means—
(a) a member who takes part in the number and kind of activities
prescribed under the regulations for the kind of approved club of which the
person is a member; or
(b) for a member who is the holder of a licence other than a category H
licence—a member who makes a personal contribution (other than a financial
contribution) to the club in a way and to an extent that satisfies the registrar
that the person is an active member of the club.
5 Section
4, new definitions
insert
barrel length, for a pistol, means—
(a) for a revolver—the distance from the muzzle to the breech end of
the barrel immediately in front of the cylinder, including any alteration that
is permanently attached to, and not readily detachable from, the barrel;
and
(b) for any other pistol—the distance from the muzzle to the point
of the breech face (including the chamber) with the top slide forward and the
breech face or bolt in the closed position, including any alteration that is
permanently attached to, and not readily detachable, from the barrel.
prohibited pistol means any of the following kinds of
pistols:
(a) a pistol of more than 9.65mm calibre;
Note A 9.65mm calibre pistol includes a 0.38 inch calibre
pistol.
(b) a semiautomatic pistol with a barrel length of less than
120mm;
(c) a revolver or single action pistol with a barrel length of less than
100mm;
(d) a pistol with a capacity of more than 10 rounds of
ammunition.
Note A prohibited pistol is not a prohibited firearm. Prohibited
firearms are listed in sch 1 (see s 4, def prohibited
firearm).
substitute
15 Approval of clubs
(1) A collectors, hunting or shooting club may apply, in writing, to the
registrar for approval for this Act.
(2) The registrar may, in writing, approve the club.
(3) The registrar may approve the club only if satisfied
that—
(a) the club is a corporation; and
(b) if the club is a collectors club—
(i) the club holds regular meetings and activities in relation to the
collection of firearms; and
(ii) the club is formed or carried on for the purpose of directly
promoting or encouraging the collection of firearms or firearms of a particular
kind; and
(c) if the club is a hunting club—
(i) the club conducts regular recreational hunting activities requiring
the use of firearms; and
(ii) the main objects of the club are to conduct recreational hunting
activities requiring the use of firearms, whether or not its activities are
carried out partly outside the ACT; and
(d) if the club is a shooting club—
(i) the club conducts regular shooting competitions or other activities
requiring the use of firearms; and
(ii) the club is formed or carried on for the purpose of directly
promoting or encouraging the sport of shooting, whether or not its activities
are carried out partly outside the ACT; and
(e) the club meets the requirements (if any) prescribed under the
regulations.
(4) In deciding whether to approve the club, the registrar must have
regard to—
(a) the membership rules of the club; and
(b) for a shooting club—whether the club owns or uses an approved
shooting range or club premises; and
(c) anything else prescribed under the regulations.
(5) An approval is subject to the conditions (if any) prescribed under the
regulations.
(6) An approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
substitute
16 Unauthorised possession or use of firearms
prohibited
(1) A person commits an offence if—
(a) the person possesses or uses a firearm; and
(b) the person is not authorised by a licence or permit, or this Act, to
possess or use the firearm.
Maximum penalty:
(a) for the possession or use of a prohibited firearm or prohibited
pistol—200 penalty units, imprisonment for 2 years or both; and
(b) for the possession or use of any other firearm—100 penalty
units, imprisonment for 1 year or both.
Example of unauthorised possession or use of
firearm
A person possesses or uses a firearm for a purpose other than the purpose
established by the person as the genuine reason for possessing or using the
firearm.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Without limiting subsection (1), a person who is a licence holder is
taken to possess or use a firearm in contravention of the subsection if the
person contravenes a condition of the person’s licence.
8 Genuine
reasons for having a licenceSection 23 (4),
table, item 1
substitute
1
|
sport or target shooting
|
1.1 For an applicant to whom section 36A (Special conditions for category H
licences for sporting or target shooting) applies—the applicant must be a
member of an approved shooting club that conducts competitions or activities
requiring the use of the firearm for which the licence is sought.
1.2 For any other applicant—the applicant must be an active member of
an approved shooting club that conducts competitions or activities requiring the
use of the firearm for which the licence is sought.
|
9 Section
23 (4), table, item 8
substitute
8
|
firearms collection
|
8.1 For a licence that permits the applicant to collect pistols
manufactured after 1946, the applicant must provide written evidence from the
approved collectors club of which the applicant is a member
that—
(a) the applicant has been a member of the club for at least 1 year;
and
(b) the collection has a thematic structure; and
(c) the applicant researches or studies firearms; and
(d) the members of the club collect firearms of the kind for which the
licence is sought; and
(e) the licence application is endorsed by the club.
8.2 For a licence that permits the applicant to collect any other kind of
firearms, the applicant must demonstrate that—
(a) the applicant is a member of an approved collectors club; and
(b) the collection has a genuine historical or thematic structure or a
genuine commemorative or investment value; and
(c) the members of the club collect firearms of the kind for which the
licence is sought; and
(d) the licence application is endorsed by the club.
|
substitute
27 Category H licences—restrictions on
issue
The registrar must not issue a category H licence to a person
unless—
(a) the genuine reason established by the person for being issued with the
licence is any 1 or more of the following:
(i) sport or target shooting;
(ii) business or employment;
(iii) firearms collection; and
(b) in addition to establishing such a genuine reason, the person gives
the registrar satisfactory evidence that there is a special need for the person
to possess or use a pistol; and
(c) if the genuine reason established by the person is sport or target
shooting—the person gives the registrar written evidence from an approved
shooting club of which the person is a member that the licence application is
endorsed by the club.
28 Collectors licence—restrictions on
issue
The registrar may issue a collectors licence to a person only if the
registrar is satisfied that the person collects firearms.
insert
36A Special conditions for category H licences for
sporting or target shooting
(1) This section applies to a person who is issued with a category H
licence for the genuine reason of sport or target shooting if the person has
never held a category H licence.
(2) The licence is subject to the following conditions for the first
6-month period of the licence term:
(a) the licensee must not possess a pistol except on the premises of an
approved shooting club;
(b) the licensee must complete, to the satisfaction of the registrar, a
firearm safety training course conducted by an approved shooting club;
(c) the licensee must be an active member of an approved shooting
club.
(3) If, after the end of the period mentioned in subsection (2), the
approved shooting club mentioned in subsection (2) (c) has certified to the
registrar that the licensee has complied with the conditions mentioned in the
subsection, the licence is subject to the condition that, for the second 6-month
period of the licence term, the licensee may acquire no more
than—
(a) 1 pistol of not more than 5.6mm calibre and 1 air pistol of not more
than 4.5mm calibre; or
(b) 1 centre-fire pistol and 1 air pistol of not more than
4.5mm calibre.
Note 1 A 4.5mm calibre air pistol includes a 0.177 inch calibre
air pistol.
Note 2 A 5.6mm calibre pistol includes a 0.22 inch calibre
pistol.
(4) This section does not limit the conditions that may be placed on the
licence.
Note For conditions of category H licences issued for the genuine
reason of business or employment, see Firearms Regulations 1997, reg 12
and reg 13.
12 Special
conditions of licences issued for collection
purposesSection 37 (a)
substitute
(a) a firearm in the collection manufactured on or after
1 January 1900, or that is a prohibited pistol, must be rendered
incapable of being fired in the way prescribed under the regulations;
13 Cancellation
of licenceNew section 41
(1A)
insert
(1A) The registrar must cancel a category H licence issued for the genuine
reason of sport or target shooting if the licensee ceases to be an active member
of an approved shooting club.
substitute
Example of licensee being no longer fit and
proper person to hold licence
Firearms are lost or stolen because of the negligence of, or fraud by, the
licensee.
Note 1 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
renumber subsections when Act next republished under Legislation
Act
16 Permits
to acquire firearmsSection 48 (4) and
(5)
renumber as section 48 (6) and (7)
17 New
section 48 (4) and (5)
insert
(4) Also, the registrar must not issue a permit authorising the holder of
a category H licence issued for the genuine reason of sport or target shooting
to acquire a pistol unless—
(a) the acquisition is in accordance with the conditions (if any) of the
licence; and
(b) the registrar is given written advice from the approved shooting club
of which the licensee is a member stating—
(i) the competition shooting discipline for which the pistol is required;
and
(ii) that the club endorses the licensee’s application for a permit
to acquire the pistol; and
(iii) the licensee can comply with the requirements of this Act in
relation to safety and the storage of firearms.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(5) Subsection (4) (b) (i) does not apply to the issue of a permit to
acquire a pistol mentioned in section 36A (3) (Special conditions for
category H licences for sporting or target shooting).
18 New
sections 84A and 84B
insert
84A Unauthorised manufacture of
firearms
(1) A person commits an offence if the person manufactures a firearm.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or
both.
Note For the extended meaning of firearm, see s 4A
(a).
(2) Subsection (1) does not apply to a person if the person is authorised
by a licence or permit to manufacture the firearm.
(3) A person commits an offence if the person manufactures a prohibited
firearm or a prohibited pistol.
Maximum penalty: 1 500 penalty units, imprisonment for 20 years or
both.
(4) Subsection (3) does not apply to a person if the person is authorised
by a licence or permit to manufacture the prohibited firearm or the prohibited
pistol.
Note For the extended meaning of prohibited firearm,
see s 4A (b).
(5) In this section:
manufacture a firearm includes assemble a firearm from
firearm parts.
(6) An offence against this section is a strict liability
offence.
84B Alternative verdict for offences against s 84A
(3)
(1) This section applies if, in a prosecution for an offence against
section 84A (3), the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence against section 84A (1) (the alternative
offence).
(2) The trier of fact may find the defendant guilty of the alternative
offence but only if the defendant has been given procedural fairness in relation
to that finding of guilt.
substitute
115 Disclosure by health professionals of certain
information
(1) This section applies if a health professional believes
that—
(a) a person to whom the health professional is or has been providing
professional services may pose a threat to public safety or a threat to the
person’s own safety; and
(b) the person possesses or has access to a firearm.
(2) The health professional may tell the registrar about the
belief.
(3) If the health professional acts honestly under this
section—
(a) the telling of the belief to the registrar is, for all purposes, not a
breach of confidence or professional etiquette or ethics, or a breach of a rule
of professional conduct, applying to the health professional; and
(b) civil or criminal liability is not incurred by the health professional
only because of the health professional telling the registrar about the
belief.
Note The Civil Law (Wrongs) Act 2002, s 59 provides a defence
of truth and public benefit to civil defamation actions.
(4) In this section:
health professional means any of the following
people:
(a) a doctor, psychologist, nurse or social worker;
(b) a person who provides professional counselling services;
(c) anyone else declared under the regulations to be a provider of
health-related services.
20 Regulation-making
powerSection 126 (2) (j) and
(k)
substitute
(j) the approval of shooting ranges and approved shooting ranges;
or
(k) the approval of clubs and approved clubs and their members, including,
for example—
(i) the conditions applying to the approval of a club; and
(ii) the duties of approved clubs in relation to members; and
(iii) the reporting obligations of approved clubs; or
substitute
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
substitute
Part 12 Transitional
provisions
129 Meaning of amnesty period for pt
12
In this part:
amnesty period means the period after 30 June 2003 and before
1 January 2004.
130 Existing approved clubs
(1) A declaration under section 15 that is in force immediately before the
commencement of this section is taken, after the commencement, to
be—
(a) for an approved club the main objects of which are to conduct
recreational hunting activities—the approval of the club as an approved
hunting club; and
(b) for an approved club that conducts firearms competitions at an
approved range—the approval of the club as an approved shooting
club.
(2) An approval of a collectors club or association for section 28 (a)
(Collectors licence—restrictions on issue) that is in force immediately
before the commencement of this section continues in force after the
commencement as if the club or association were approved under section 15
as an approved collectors club.
131 Unlicensed target pistol shooters—members
of approved shooting clubs
(1) This section applies to a person—
(a) who has never held a category H licence; and
(b) who was immediately before 1 July 2003 a member of an approved
shooting club; and
(c) whose membership involves the use of a pistol for sport or target
shooting; and
(d) who is issued a category H licence for the genuine reason of sport or
target shooting during the amnesty period.
(2) If the club certifies to the registrar that the person began to take
part in club activities that involved the use of pistols on a stated date,
section 36A (Special conditions for category H licences for sporting or target
shooting) applies to the person—
(a) as if the first 6-month period (the deemed period)
mentioned in section 36A (2) had begun on that date; and
(b) if, after the end of the deemed period, the club certifies to the
registrar that the person has complied with the conditions mentioned in
section 36A (2)—the second 6-month period mentioned in section 36A
(3) begins or began immediately after the end of the deemed period.
132 Temporary amnesty for possession of prohibited
pistols by licensed target pistol shooters
(1) This section applies to a person if—
(a) the person acquired a prohibited pistol before 1 July 2003;
and
(b) the person is the holder of a category H licence issued for the
genuine reason of sport or target shooting; and
(c) the licence authorises the person to possess the pistol; and
(d) the pistol is registered; and
(e) the person is not authorised by the regulations, regulation 8A
(Authorised possession or use of prohibited pistols for sport or target
shooting—Act, sch 2, item 5, col 4) to possess the pistol.
(2) The person does not commit an offence against section 16 (Unauthorised
possession or use of firearms prohibited) in relation to the possession of the
pistol during the amnesty period.
(3) To remove any doubt, this section does not authorise the person to use
the pistol.
133 Temporary amnesty for possession of post-1946
pistols by licensed collectors
(1) This section applies to a person if—
(a) the person acquired a post-1946 pistol before 1 July 2003;
and
(b) the person is the holder of a collectors licence authorising the
person to possess the pistol; and
(c) the pistol is registered.
(2) The person does not commit an offence against section 16
(Unauthorised possession or use of firearms prohibited) in relation to the
possession of the pistol after 30 June 2003 and before
1 July 2004.
Note This section allows a licensed collector to meet the minimum 1
year approved collectors club membership requirement under s 23 (4), table, item
8.1 (a).
(3) To remove any doubt, this section does not authorise the person to use
or display a post-1946 pistol.
(4) In this section:
post-1946 pistol means a pistol manufactured after
1946.
134 Temporary licensing and registration amnesty for
pre-1900 percussion pistols
(1) This section applies to a person who acquired a pre-1900 percussion
pistol before 1 July 2003.
(2) The person is, during the amnesty period, exempt from a requirement
under this Act—
(a) to hold a licence or permit authorising possession of the pistol;
and
(b) for the pistol to be registered.
(3) To remove any doubt, this section does not authorise the person to use
a pre-1900 percussion pistol.
(4) In this section:
pre-1900 percussion pistol means a percussion-fired pistol
manufactured before 1 January 1900.
135 Compensation for surrendered prohibited
pistols—licensed pistol shooters
(1) This section applies to a person if—
(a) the person acquired a prohibited pistol before 1 July 2003;
and
(b) the person is the holder of a category H licence issued for the
genuine reason of sport or target shooting; and
(c) the licence authorises the person to possess or use the pistol;
and
(d) the pistol is registered; and
(e) because of the making of the Firearms (Prohibited Pistols)
Amendment Act 2003, the person either—
(i) ceases to have a genuine reason for possessing or using the pistol; or
(ii) ceases to be authorised under this Act to possess or use the pistol;
and
(f) the person surrenders the pistol to a police officer during the
amnesty period.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) The person is entitled to the compensation prescribed under the
regulations for the pistol.
136 Compensation for surrendered prohibited
pistols—licensed firearms dealers
A licensed firearms dealer is entitled to the compensation prescribed under
the regulations for a prohibited pistol if—
(a) the dealer acquired or ordered the pistol before 20 December 2002;
and
(b) the dealer surrenders the pistol to a police officer during the
amnesty period.
137 Regulations to prescribe valuation dispute
resolution procedure
The regulations must provide a procedure for resolving disputes about the
value of surrendered prohibited pistols.
138 Regulations modifying pt 12
The regulations may modify the operation of this part to make provision in
relation to any matter that is not, or is not in the Executive’s opinion
adequately, dealt with in this part.
139 Expiry of pt 12
This part expires on 1 July 2004.
substitute
5
|
category H licence (pistols)
|
pistols (including blank fire pistols and air pistols), other than
prohibited firearms
|
The licensee is authorised to possess or use a registered pistol to which
the licence applies for the purpose established by the licensee as the genuine
reason for having the licence.
However, the licensee is only authorised to possess or use a registered
prohibited pistol in accordance with the regulations.
|
Part
3 Firearms Regulations
1997
24 Regulations
amended—pt 3
This part amends the Firearms Regulations 1997.
25 InterpretationRegulation
3 (1), new definition of target pistol shooter
insert
target pistol shooter, for part 3A (Clubs)—see
regulation 31A.
26 Regulation
3 (as amended)
renumber as regulation 2
27 New
regulations 3 and 3A
insert
3 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
3A Offences against regulations—application of
Criminal Code etc
Other legislation applies in relation to offences against these
regulations.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against these
regulations (see Code, pt 2.1):
• reg 31D (Target pistol shooters to notify club of change of name or
address).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
28 Not
firearmsRegulation 4
(a)
substitute
(a) a firearm (other than a percussion-fired pistol) manufactured before 1
January 1900 for which ammunition is not readily commercially
available;
Note The effect of this provision is that the Act applies to a
percussion-fired pistol whenever it was manufactured but does not apply to any
other kind of firearm manufactured before 1 January 1900.
in division 2.1, insert
4A Minimum participation rates for members of
approved clubs—Act, s 4, def active, par
(a)
(1) A member of an approved hunting club must, in each calendar year, take
part in 4 activities of any approved hunting club that take place on separate
days.
(2) A member of an approved shooting club mentioned in an item in the
table of shooting club participation rates, column 2 must comply with the
minimum participation rate mentioned in the item, column 3.
Table of shooting club participation
rates
column 1
item
|
column 2
member
|
column 3
minimum participation
rate
|
1
|
the holder of a licence, other than a category H licence
|
The holder must, in each calendar year, take part in 4 activities of any
approved shooting club that take place on separate days.
|
2
|
the holder of a category H licence to whom the Act, section 36A (Special
conditions for category H licences for sporting or target shooting)
applies
|
The holder must, in each 6-month period mentioned in the Act, section 36A,
take part in—
(a) 6 shooting competitions that are conducted or organised by an approved
shooting club of which the licensee is a member (the member’s
club) and that take place on separate days; and
(b) if the licensee is authorised by the licence to use 2 or more kinds of
pistols—4 shooting competitions (or other shooting events) that are
conducted or organised by the member’s club for each kind of
pistol.
|
3
|
the holder of a category H licence, other than a person to whom the Act,
section 36A applies
|
The holder must, in each 12-month period of the licence, take part
in—
(a) 6 shooting competitions that are conducted or organised by the
member’s club that take place on separate days; and
(b) if the licensee is authorised by the licence to use 2 or more kinds of
pistols—4 shooting competitions (or other shooting events) that are
conducted or organised by the member’s club for each kind of
pistol.
|
30 Category
C licencesRegulation 5 (3)
(a)
substitute
(a) on an approved shooting range; and
31 Applications
for licences—particulars and
documentsRegulation 6 (1)
(t)
substitute
(t) for an applicant whose genuine reason for possessing or using a
firearm is firearms collection, a document from the approved collectors club of
which the applicant is a member stating that—
(i) the applicant is a member of the club; and
(ii) for a licence that permits the applicant to collect pistols
manufactured after 1946—the collection has a thematic structure and the
applicant researches or studies firearms; and
(iii) for a licence that permits the applicant to collect any other kind
of firearm—the collection has a genuine historical or thematic structure
or a genuine commemorative or investment value;
insert
8A Authorised possession or use of prohibited pistols
for sport or target shooting—Act, sch 2, item 5, col
4
(1) The holder of a category H licence issued for the genuine reason of
sport or target shooting is authorised to possess and use a registered
prohibited pistol of more than 9.65mm calibre, but not more than 11.43mm
calibre, for the purposes of—
(a) taking part in any of the following kinds of pistol shooting
competitions:
(i) an approved competition that involves the pistol target shooting
discipline known as Metallic Silhouette;
(ii) an approved competition that involves the pistol target shooting
discipline known as Single Action; and
(b) practicing on an approved shooting range for such a
competition.
Note This subregulation applies to a pistol of more than 0.38 inch
calibre but not more than 0.45 inch calibre.
(2) The holder of a category H licence issued for the genuine reason of
sport or target shooting is authorised to possess and use a registered
prohibited pistol that has a barrel length of less than 120mm for the purposes
of—
(a) taking part in an approved specialised target shooting competition;
and
(b) practicing on an approved shooting range for such a
competition.
(3) In this regulation:
approved, for a competition, means a competition that is
conducted or organised by an approved shooting club and approved by the
registrar.
insert
Part 3A Clubs
31A Meaning of target pistol shooter for pt
3A
In this part:
target pistol shooter, for an approved shooting club,
means—
(a) a person who is a member of the club and the holder of a category H
licence issued for the genuine reason of sport or target shooting; or
(b) a person who has applied for membership of the club and the
person’s membership will involve the use of a pistol for sport or target
shooting.
31B Conditions of approval of shooting
clubs—Act, s 15 (5)
(1) The approval of a shooting club is subject to the following
conditions:
(a) the club may admit a target pistol shooter as a member only
if—
(i) the person provides a statement supplied by a police officer about the
person’s criminal history (if any); and
(ii) the person provides 2 character references from people who are at
least 18 years old and who have known the person for at least 2 years;
and
(iii) the secretary or other relevant office-holder of the club is
satisfied that the person has provided—
(A) the name of any other approved shooting club of which the person is a
member; and
(B) a statement of the pistols owned by the person;
(b) if a target pistol shooter leaves the club or does not renew the
person’s membership, the secretary or other relevant office-holder of the
club must, within 14 days after the day the membership change happens, give the
registrar, in writing, the full name and residential address of the person and
the date the membership change happened;
(c) the secretary or other relevant office-holder of the club must, within
14 days after the day the club is told of a change in the name or residential
address of a target pistol shooter, give the registrar, in writing, details of
the change;
(d) if the club decides to suspend or cancel the membership of a target
pistol shooter, the secretary or other relevant office-holder must, within
7 days after the day the decision is made, tell the registrar in writing
that the person’s membership has been suspended or cancelled and the
reasons for the suspension or cancellation;
(e) the secretary or other relevant office-holder of the club must, as
soon as practicable after each 1 July, give the registrar a return for the
previous financial year that states—
(i) the full name and residential address of club members who are target
pistol shooters (relevant members) as at the date of the return;
and
(ii) the number and kind of activities mentioned in regulation 4A
each relevant member took part in during the period to which the return relates;
and
(iii) the pistols known by the club, or the secretary or other relevant
office-holder, to be owned by each relevant member during the period to which
the return relates;
Note If a form is approved under the Act, s 125A (Approved forms)
for a return, the form must be used.
(f) if the secretary or other relevant officer-holder of the club is of
the belief that a club member who is a target pistol shooter, or an applicant
for membership who is a target pistol shooter, may pose a threat to public
safety or a threat to the person’s own safety if in possession of a
pistol, the secretary or office-holder must tell the registrar about the belief;
(g) the club must ensure that a person whose category H licence has been
suspended or cancelled does not use a pistol on any approved shooting range
owned or used by the club.
(2) A civil or criminal proceeding does not lie against the club or the
secretary or other relevant office-holder of the club in relation to loss,
damage or injury of any kind to anyone because of the honest disclosure of
something to the registrar under subregulation (1).
Note The Civil Law (Wrongs) Act 2002, s 59 provides a defence
of truth and public benefit to civil defamation actions.
(3) To remove any doubt, this regulation applies to an approved shooting
club whether the club was approved before or after the commencement of this
regulation.
(4) The first return required under subregulation (1) (d) must be given to
the registrar as soon as practicable after 1 July 2004.
(5) This subregulation and subregulations (3) and (4) expire on
1 August 2004.
31C Shooting clubs—power to request information
from registrar about target pistol shooters
(1) The secretary or other relevant office-holder of an approved shooting
club may ask the registrar, in relation to an application for membership of the
club by a target pistol shooter, to disclose to the secretary or other relevant
office-holder of the club information about any of the following known to the
registrar:
(a) the pistols that are owned by the person;
(b) any other approved club, or approved club (however described) in a
State, of which the person is a member;
Note State includes the Northern Territory, see Legislation
Act, dict, pt 1.
(c) any other approved club, or approved club (however described) in a
State, of which the person has been refused membership, or had their membership
suspended or cancelled, in the 5-year period before the making of the
application;
(d) any category H licence issued to the person that has been cancelled in
the 5-year period before the making of the application;
(e) any application for a category H licence by the person that has been
refused by the registrar in the 5-year period before the application.
(2) The secretary or other relevant office-holder of an approved shooting
club may also ask the registrar, in relation to an application for membership of
the club by a target pistol shooter, to disclose to the secretary or other
relevant office-holder of the club the person’s criminal history (if any)
that is, in the registrar’s opinion, relevant to the issue of a category H
licence.
(3) The registrar is authorised to disclose the information mentioned in
subregulation (1) or (2) to the secretary or other relevant office-holder of the
club.
31D Target pistol shooters to notify club of change
of name or address
A target pistol shooter commits an offence if—
(a) the person is a member of an approved shooting club; and
(b) the person’s name or residential address changes; and
(c) the person does not tell the secretary or other relevant office-holder
of the club, in writing, of the change within 14 days after the day the change
happens.
Maximum penalty: 10 penalty units.
31E Conditions of approval of collectors
clubs—Act, s 15 (5)
(1) The approval of a collectors club is subject to the following
conditions:
(a) if the club decides to suspend or cancel the membership of a member
who collects pistols, the secretary or other relevant office-holder must, within
7 days after the day the decision is made, tell the registrar that the
person’s membership has been suspended or cancelled and the reasons for
the suspension or cancellation;
(b) if the secretary or other relevant officer-holder of the club is of
the belief that a club member who collects pistols, or an applicant for
membership who collects pistols, is not a fit and proper person to be in
possession of a pistol, the secretary or office-holder must tell the registrar
about the belief.
(2) A civil or criminal proceeding does not lie against the club or the
secretary or other relevant office-holder of the club in relation to loss,
damage or injury of any kind to anyone because of the honest disclosure of
something to the registrar under subregulation (1).
Note The Civil Law (Wrongs) Act 2002, s 59 provides a defence
of truth and public benefit to civil defamation actions.
(3) To remove any doubt, this regulation applies to an approved collectors
club whether the club was approved before or after the commencement of this
regulation.
(4) This subregulation and subregulation (3) expire on 1 August
2004.
34 Lending
for competitionRegulation
47
omit
approved club
substitute
approved shooting club
renumber parts when regulations next republished under the Legislation
Act
Schedule
1 Firearms Act 1996—additional
amendments
(see s 3)
[1.1] Section
4, definition of approved club
substitute
approved, for a collectors, hunting or shooting club, means a
club of that kind approved under section 15.
approved club means a collectors, hunting or shooting club
approved under section 15.
[1.2] Section
4, definition of approved range
substitute
approved shooting range means a range approved by the
registrar under section 14 (2).
[1.3] Section
4, definition of prohibited firearm, new note
insert
Note A prohibited pistol is not a prohibited firearm.
insert
4CA Offences against Act—application of
Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 16 (Unauthorised possession or use of firearms
prohibited)
• s 84A (Unauthorised manufacture of firearms)
• s 98 (5) (Sale and purchase of ammunition).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
omit
an approved range
substitute
an approved shooting range
substitute
(e) for the purpose of exercising the person’s functions as an
authorised instructor on premises owned or used by an approved club or at an
approved shooting range.
omit
a range
substitute
a shooting range
[1.8] Section
23 (4), table, item 2, column 2
omit
recreational hunting/vermin control
substitute
recreational hunting or vermin control
[1.9] Section
23 (4), table, item 2, column 3
omit
approved club
substitute
approved hunting club
[1.10] Section
23 (4), table, item 2, column 3
omit
principal objects
substitute
main objects
[1.11] Section
31 (1) (b)
substitute
(b) the firearm to which the application relates is a pistol of not more
than 11.43mm calibre that is not fully automatic or capable of conversion to
being fully automatic; and
Note A 11.43mm calibre pistol includes a 0.45 inch calibre
pistol.
[1.12] Section
49 (2) (c)
substitute
(c) be a member of an approved shooting club.
omit
a shooting range owned or occupied by that or any other approved
club
substitute
an approved shooting range owned or used by that or another approved
club
omit
a shooting range owned or occupied
substitute
an approved shooting range owned or used
substitute
(5) An authorised member of an approved club must not sell ammunition to
someone else (the purchaser) unless—
(a) the sale takes place on premises owned or used by the club;
and
(b) the purchaser, at the time of sale, is at the club for the purpose of
taking part in a competition or activity conducted by or in association with the
club; and
(c) the ammunition is of a kind that can be discharged
from—
(i) a firearm stated or endorsed on the purchaser’s licence; or
(ii) a firearm being used by the purchaser in a competition or activity
conducted by or in association with the club.
Maximum penalty: 50 penalty units.
(6) An offence against subsection (5) is a strict liability
offence.
[1.16] New
section 113 (aa)
before section 113 (a), insert
(aa) refusing to approve a club, or revoking the approval of a club, under
section 15; or
substitute
(d) cancelling a licence under section 39 (2), 41 (1A) or (2) or
121 (2); or
substitute
(f) refusing to issue a permit under section 46 or section 48 (3) or
(4); or
renumber paragraphs when Act next republished under Legislation
Act
[1.20] Section
114 (1) (a)
substitute
(a) for a decision referred to in section 113 (aa) or (a)—to the
applicant; and
[1.21] Schedule
2, new note
after schedule heading, insert
Note The possession or use of firearms authorised by a licence is
subject to the regulations, see s 17 (4).
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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