Australian Capital Territory Numbered Regulations

FIREARMS AMENDMENT REGULATION 2016 (NO 1) (NO 28 OF 2016) - REG 5

substitute

54     Safety requirements for transporting prohibited firearms or pistols—Act, s 234

    (1)     The prescribed safety requirements for transportation of a prohibited firearm or pistol (the "firearm") are that—

        (a)     the firearm must 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—the firearm—

              (i)     must 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)     must 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—the firearm must be stored in a lockable hard-case pannier, luggage box or other container appropriate for transporting the firearm; and

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

        (e)     the person transporting the firearm must take all reasonable precautions to ensure that the firearm is not lost or stolen.

    (2)     However, subsection (1) 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.

    (3)     In this section:

"conservation officer"—see the Nature Conservation Act 2014

, dictionary.

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

"fauna"—see section 52A (4).