Australian Capital Territory Numbered Regulations

FIREARMS AMENDMENT REGULATION 2016 (NO 1) (NO 28 OF 2016) - REG 4

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Division 11.3     Transportation

52A     Transportation of firearms, reasonable steps in storing—Act, s 180 (3)

    (1)     A person who transports a firearm takes all reasonable steps to ensure that the firearm is stored safely while the firearm is being transported if the firearm is stored in accordance with this section.

    (2)     A firearm must—

        (a)     not be loaded with, and must be kept separate from, any ammunition; and

        (b)     if the firearm is being transported using a vehicle other than a motorcycle—

              (i)     be rendered temporarily incapable of being fired; or

Examples

1     by removing the bolt or the firing mechanism

2     by using a restraining device such as a trigger lock.

Note     An example is part of the regulation, 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).

              (ii)     be stored in—

    (A)     a securely locked container that is securely attached to the vehicle; or

    (B)     a securely locked compartment within the vehicle; and

        (c)     if the firearm is being transported using a motorcycle—be stored in a lockable hard-case pannier, luggage box or other container appropriate for transporting the firearm; and

        (d)     not be able to be seen by a person who is not responsible for transporting the firearm.

    (3)     However, subsection (2) does not apply if the firearm is being transported by—

        (a)     a person whose occupation involves the business of a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the business; or

        (b)     a person employed, or authorised, by a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the primary producer's business; or

        (c)     a conservation officer, and it is reasonably likely that during transportation of the firearm the officer will need to use it for a purpose related to the officer's duties; or

        (d)     a person employed, or authorised, by a government agency to kill fauna, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the person's employment or authorisation.

    (4)     In this section:

"conservation officer"—see the Nature Conservation Act 2014

, dictionary.

"employ" includes engaging a person on a contract of service.

"fauna" means—

        (a)     a native animal; or

        (b)     a pest animal; or

        (c)     stock.

"native animal"—see the Nature Conservation Act 2014

, section 12.

"pest animal"—see the Pest Plants and Animals Act 2005

, dictionary.

"stock"—see the Stock Act 2005

, dictionary.