Australian Capital Territory Numbered Regulations

FIREARMS REGULATIONS (NO. 13 OF 1997)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE FIREARMS REGULATIONS.

   2.      These Regulations commence on the day on which section 4 of the Firearms Act 1996 commences.  
   3.      (1) In these Regulations, unless the contrary intention appears—“Act” means the Firearms Act 1996; “government agency” means a public authority, government department or any other person or body determined by the Registrar to be a person or body to whom this definition applies; “initial application”, in relation to a category of licence, means an application from a person who does not already hold that category of licence; “reserved area” has the same meaning as in the Nature Conservation Act 1980.  
   4.      For the purpose of the definition of “firearm” in subsection 4 (1) of the Act the following are declared not to be firearms:  

   PART II--LICENCES

   5.      (1) Notwithstanding subsection 18 (2) of the Act, a category C licence may authorise the possession and use of a prohibited firearm (other than a firearm referred to in item 6, 10 or 11 of Schedule 1 to the Act) for the purposes of a shooting competition if—  
   6.      (1) For the purposes of paragraph 19 (2) (c) of the Act the following particulars and documents are prescribed:  
   7.      For the purposes of paragraph (b) of the item relating to vertebrate pest animal control in the table to subsection 23 (4) of the Act, the Department of Urban Services is prescribed.  
   8.      For the purposes of paragraph 25 (b) of the Act, evidence of the size of a person's property, the number of properties involved, the size and potential threat presented by any particular feral animal or vertebrate pest animal and the proximity of any relevant property to a residential area are prescribed in relation to a person who is a grazier or farmer and whose genuine reason is primary production.  
   9.      For the purposes of paragraph 37 (a) of the Act the prescribed manner of rendering a firearm (other than a category C or category D firearm) incapable of being fired is to render it temporarily inoperable—  
   10.     For the purposes of section 38 of the Act the period of 2 years is prescribed in relation to a licence for any category of firearm where the genuine reason for possessing or using the firearm is 1 of the following:  
   11.     For the purposes of subsection 36 (3) of the Act it is a condition of a category A, category B, category C and category H licence where the genuine reason for possessing or using the firearm is sport, target shooting, recreational hunting or vermin countrol that the licensee ensure that, within 30 days of the end of each calendar year, the Registrar is provided with written evidence from an approved club that satisfies the Registrar that the licensee is a financial member and an active member of the club.  
   12.     (1) For the purposes of subsection 36 (3) of the Act the following conditions are prescribed in relation to a category H licence where the genuine reason is business:  
   13.     For the purposes of subsection 36 (3) of the Act the following conditions are prescribed in relation to a category H licence where the genuine reason is employment:  
   14.     For the purposes of subsection 36 (3) of the Act the prescribed condition in relation to a composite entity licence is that the licensee shall notify the Registrar that a person who was an employee required to use or possess a firearm during the course of his or her employment with the composite entity has ceased to be so employed within 14 days after the day on which the employment ceases.  
   15.     (1) For the purposes of subsection 36 (3) of the Act the condition prescribed in relation to a firearms dealer licence is that the licensee shall not operate as a firearms dealer at premises other than the premises specified in the licence unless the Registrar has approved a written application from the licensee to do so or unless otherwise authorised.  
   16.     For the purposes of subsection 36 (3) of the Act the following conditions are prescribed in relation to a firearms dealer licence where the licensee has been issued the licence for the purpose of being a club armourer:  
   17.     For the purposes of subsection 36 (3) of the Act the following conditions are prescribed in relation to a collectors licence:  
   18.     (1) For the purposes of subsection 36 (3) of the Act the following conditions are prescribed in relation to an heirlooms licence:  
   19.     (1) The Registrar shall refuse to issue a firearms dealer licence to an applicant unless satisfied that—  
   20.     For the purposes of paragraph 68 (2) (e) of the Act the following particulars are prescribed:  
   21.     (1) A licensed firearms dealer who has, or acquires, possession of a firearm that is not separately and clearly numbered shall immediately notify the Registrar in writing that he or she possesses that firearm or spare barrel.  

   PART III--PERMITS

   22.     (1) The Registrar may authorise the possession or use of a firearm by permit if—  
   23.     The Registrar may authorise the possession and use of a firearm by permit if satisfied that the applicant—  
   24.     (1) The Registrar may authorise the possession and use of a tranquilliser firearm by permit if satisfied that the possession and use is a necessary part of the occupation of the applicant.  
   25.     (1) The Registrar may issue a permit for the acquisition, possession or use of a device commonly known as a powerhead if satisfied that the applicant's acquisition, possession or use of the device will be for an occupational purpose or for a marine recreational purpose.  
   26.     (1) The Registrar may, by permit, authorise the use by a licensed firearms dealer of specified premises for the purposes of an arms fair if satisfied that the premises are suitable for the purpose.  
   27.     For the purposes of paragraph 45 (f) of the Act, the Registrar may, by permit, authorise the acquisition and possession by an applicant of an inoperable firearm if satisfied that the firearm is a souvenir of a war theatre with which the applicant has, or a relative of the applicant has or had, a real connection.  
   28.     For the purposes of paragraph 46 (3) (a) of the Act, a prescribed offence is an indictable offence involving actual or threatened violence or the use of a firearm.  
   29.     (1) For the purposes of subsection 47 (1) of the Act, the prescribed manner of making an application is by lodging it personally at the Firearms Registry.  
   30.     A permit shall, unless otherwise determined by the Registrar, contain a recent photograph of the person to whom it is issued (such photograph being obtained in accordance with arrangements determined by the Registrar).  
   31.     For the purposes of paragraph 49 (2) (a) of the Act the age of 12 years is prescribed.  

   PART IV--REGISTRATION

   32.     The following information is required to be included in the Register in relation to each registered firearm:  
   33.     A change in particulars relating to the person in whose name a firearm is registered shall be recorded in writing or as otherwise approved by the Registrar.  
   34.     For the purposes of subsection 53 (2) of the Act the period of 7 days is prescribed.  
   35.     (1) Particulars of the sale, loss or theft of a firearm to be provided to the Registrar shall be in writing and include the following:  

   PART V--SAFE KEEPING OF FIREARMS

   36.     For the purposes of paragraph 63 (1) (c) of the Act, the prescribed requirement in relation to the security and safe storage of a category A or category B firearm is that the firing mechanism of the firearm shall be removed and stored separately from the firearm if at all possible.  
   37.     (1) For the purposes of paragraph 64 (1) (c) of the Act, the installation of an intruder alarm is prescribed in relation to the security and safe storage of a category D firearm by a person holding a category D licence.  
   38.     (1) A person who holds a collectors licence shall ensure that the category A and category B firearms specified in the licence are kept in accordance with this regulation.  
   39.     (1) A person who holds a collectors licence shall ensure that the category C, category D and category H firearms specified in the licence are kept in accordance with this regulation.  
   40.     (1) A firearms dealer shall ensure that any firearm in his or her possession is stored in accordance with this regulation.  
   41.     (1) A licensee shall not display a firearm for a period greater than 30 days unless the display complies with the requirements specified in this regulation or regulation 43.  
   42.     (1) A licensee shall not display a firearm for a period of 30 days or less unless the display complies with the requirements specified in this regulation or regulation 43.  
   43.     (1) A firearm shall not be displayed on a wall except in accordance with this regulation.  

   PART VI--EXEMPTIONS

   44.     (1) An inspector within the meaning of the Dangerous Goods Act 1984 does not require authorisation by licence or permit to be in possession of or to use a prohibited firearm referred to in item 15 of Schedule 1 to the Act during the ordinary course of his or her duties as an inspector.  
   45.     (1) The requirements of the Act do not apply to—  
   46.     (1) The Minister may, by notice in the Gazette, authorise a body to operate a paint pellet range.  
   47.     A person is exempt from paragraph 36 (2) (b) of the Act if he or she lends a firearm to a person who holds a licence (being a licence on which the firearm is not endorsed) for the purpose of enabling the person to whom the firearm is lent to take part or to continue to take part in competitions in, or activities relating to, the use of such firearms if the competition or activity is conducted by or in association with an approved club on the premises of the club.  

   PART VII--MISCELLANEOUS

   48.     For the purposes of paragraph (b) of the definition of “pistol” in subsection 4 (1) of the Act the prescribed dimensions are—  
   49.     For the purposes of subparagraphs 6 (2) (d) (i) and (ii) of the Act the following sporting organisations are prescribed:  
   50.     Where the Registrar approves a range in accordance with subsection 14 (2) of the Act, that approval is valid for a period of 2 years commencing on the date on which the approval occurs.  
   51.     For the purposes of paragraph 84 (1) (b) of the Act, a sale shall be taken to have been arranged through a licensed firearms dealer if—  
   52.     For the purposes of section 90 of the Act the following safety requirements are prescribed:  
   53.     For the purposes of section 95 of the Act, a firearm referred to in paragraph 100 (2) (a), (b) or (c) of the Act shall only be taken to be shortened if it has the characteristics referred to in subsection 100 (3) of the Act.  
   54.     (1) The Registrar may, by notice in writing served on a person who has possession of a firearm or a spare barrel of a different calibre from the firearm with which it is used, allot a number in respect of the firearm or spare barrel.  
   55.     (1) Where an employee of a government agency holds a licence or permit authorising possession or use of a firearm for the purposes of his or her employment with the agency the agency or, if the agency is not a corporation, the chief executive of the agency shall ensure that—  
   56.     (1) An employee of a government agency who holds a licence or permit to possess a firearm for the purposes of his or her employment with the agency shall ensure that he or she complies with this regulation.  
   57.     (1) Where a person employs employees who are authorised by licence or permit to possess a firearm for the purpose of that employment, the person shall establish and maintain in a form approved by the Registrar—