Firearms Act 1996 (Tas)

Firearms Act 1996 An Act to provide for the regulation, registration and control of firearms [Royal Assent 30 August 1996] Whereas – (a) following the tragic events which occurred at Port Arthur on 28 April 1996, the three political parties represented in the Parliament, namely the Australian Labor Party, the Liberal Party of Australia and the Tasmanian Greens, have agreed together that the laws relating to the control of firearms in Tasmania should be consistent with the laws applying in other States and Territories of the Commonwealth of Australia; and (b) the Australasian Police Ministers' Council has adopted a set of resolutions specifying common standards which are to be applied in all States and Territories, and those three parties have agreed to support the implementation of those standards in Tasmania, Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Firearms Act 1996 . 2. Commencement The provisions of this Act commence on a day to be proclaimed. 3. Interpretation In this Act – air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air; air rifle means a firearm that propels, or is capable of propelling, a projectile by means of compressed gas or air; ammunition means – (a) anything consisting of a cartridge case fitted with a primer and a projectile; or (b) anything consisting of a cartridge case fitted with primer material and containing both a propelling charge and a projectile; or (c) any blankfire cartridge, airgun pellet, training cartridge or gas cartridge; or (d) any explosive component of ammunition; or (da) paintball pellets as defined in section 99B ; or (e) any other prescribed article; approved means approved by the Commissioner; approved firearms safety course means an accredited course relating to the safe possession and use of firearms as approved by the Commissioner; barrel length 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 (which includes the chamber); Category A firearms licence means a licence referred to in section 14 ; Category B firearms licence means a licence referred to in section 15 ; Category C firearms licence means a licence referred to in section 16 ; Category D firearms licence means a licence referred to in section 17 ; Category H firearms licence means a licence referred to in section 18 ; certificate of registration means the certificate of registration referred to in section 78 ; Commissioner means the Commissioner of Police; corresponding, in relation to a licence, means a licence in force under a law of another State or Territory that, in the opinion of the Commissioner, corresponds to a licence under this Act; deal, in relation to a firearm, means to – (a) manufacture, buy or sell firearms and firearm parts; or (b) possess firearms and firearm parts for the purpose of sale, transfer, storage or testing; or (c) possess firearm parts for the purpose of manufacturing firearms; or (d) possess firearms and firearm parts for the purpose of repair in the ordinary course of business; or (e) sell ammunition; dealings record means a record kept under section 89 ; employment, with a firearms dealer, includes engagement under a contract for services; ex-military means originally designed or intended for, but never in or no longer in, military use; family violence order means a family violence order within the meaning of the Family Violence Act 2004 ; firearm means – (a) a gun or other weapon that is capable of propelling anything wholly or partly by means of an explosive; and (b) a blankfire firearm; and (c) an air rifle; and (d) an air pistol; and (e) an imitation firearm; and (f) any other prescribed thing; and (g) any thing that would be a firearm under paragraph (a) , (b) , (c) or (d) if it did not have something missing from it or a defect or obstruction in it – but does not include any device declared by the regulations not to be a firearm; firearm heirlooms licence means the licence referred to in section 21 ; firearm part means a barrel, breech, trigger mechanism, operating mechanism or magazine; firearm sound suppressor means any implement designed to suppress the sound caused by the discharge of a firearm, whether or not the implement forms part of the firearm or can be attached to, or removed from, the firearm; firearms dealer means a person who, in carrying on a business, deals in firearms; firearms dealer employee licence means a licence referred to in section 19A ; firearms dealer licence means a licence referred to in section 19 ; firearms licence means any firearms licence referred to in Division 2 of Part 2 ; firearms museum licence means a licence referred to in section 20 ; firearms prohibition order means an order in force under Part 8 ; genuine reason means a genuine reason as referred to in section 37 ; heirloom firearm means a firearm inherited by a person from the grandparent, parent, brother, sister, uncle or aunt of that person; imitation firearm means an article, other than a toy firearm, of any material or colour that – (a) is a copy or reproduction of a firearm or has the appearance of a firearm; and (b) could reasonably be mistaken for a firearm; interim family violence order means an interim family violence order within the meaning of the Family Violence Act 2004 ; interim restraint order means – (a) an interim restraint order as defined in Part XA of the Justices Act 1959 ; and (b) any other interim order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition; licence means any licence in force under this Act; licensed means licensed under this Act; licensee means the holder of a licence; manufacture means – (a) any process of which the intended outcome is the creation of a firearm, firearm sound suppressor, ordnance or firearm part including, but not limited to, a barrel, slide, frame, receiver or bolt body; or (b) in relation to a firearm that has been rendered incapable of being fired, making that firearm capable of being fired; militaria firearms licence means a licence referred to in section 21A ; minor means a person under the age of 18 years; minor's permit means a permit in force under Division 2 of Part 3 ; ordnance means – (a) a bazooka, rocket launcher or prescribed weapon that, although not a firearm within the meaning of this Act, is designed to be capable of – (i) being carried and used manually; and (ii) firing a projectile by non-explosive means such as a propellant; and (b) a shell, rocket or other projectile that – (i) is designed to be fired by a weapon referred to in paragraph (a) ; and (ii) has not been permanently rendered inert; and (c) a tank, cannon or other similar military vehicle capable of discharging a missile or other projectile; particular purpose means a purpose established under Division 6 of Part 2 as being a genuine reason for possessing or using a firearm; permit means a permit in force under Division 1 of Part 3 ; pistol means a firearm that – (a) is reasonably capable of being raised and fired by one hand; and (b) has an overall length not exceeding 65cm; police family violence order means a police family violence order within the meaning of the Family Violence Act 2004 ; police officer means a member of the Police Service established under section 4 of the Police Service Act 2003 ; possession includes custody or control; prohibited firearm means a firearm specified in Schedule 1 ; prohibited pistol means a pistol prescribed as a prohibited pistol in the regulations; register means the register of firearms referred to in section 83 ; registered means registered under this Act; registrant means a person in whose name a firearm is registered under Part 4 ; restraint order means – (a) a restraint order and an interstate restraint order as defined in Part XA of the Justices Act 1959 ; and (b) any other order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition; security agent has the same meaning as in the Security and Investigations Agents Act 2002 ; security guard has the same meaning as in the Security and Investigations Agents Act 2002 ; sell includes – (a) dispose of for valuable consideration; and (b) barter; and (c) dispose of to an agent for sale on consignment; and (d) offer or attempt to sell; and (e) receive or have in possession for sale; and (f) expose for sale; and (g) send or deliver for sale; and (h) cause or permit to be sold, as offered or exposed for sale; and (i) dispose of by way of raffle, lottery or other game of chance; toy firearm includes an item of any material or colour that – (a) has the appearance of a firearm; and (b) is marketed to, or commonly used by, persons as something that may be used in play; and (c) could reasonably be mistaken for a firearm; use, in relation to a firearm or toy firearm, means – (a) fire the firearm or toy firearm; or (b) hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired. 3A. Meaning of "close associate" of firearms dealer (1) For the purposes of this Act, a person is taken to be a close associate of the holder of or an applicant for a firearms dealer licence if the person (either in his or her own right or on behalf of any other person) – (a) holds or will hold a relevant financial interest or relevant position in the business that is or is proposed to be carried on under the licence and, by virtue of that interest or position, is or will be able to exercise a significant influence over that business; or (b) is entitled to exercise a relevant power over the conduct of the business that is or is proposed to be carried on under the licence. (2) In this section – relevant financial interest, in a business, means an interest in the capital or assets of the business or an entitlement to receive, in any capacity, any income from the business; relevant position, in a business, means a position whose occupant participates in the management of the business; relevant power, over the conduct of a business, means a power (however exercisable) to participate in any managerial or executive decision or to elect or appoint any person to a relevant position. 3B. Meaning of "possession" Without restricting the meaning of the word possession, for the purposes of any proceedings under this Act, a firearm is taken to be in the possession of a person so long as – (a) the firearm is found in or on any premises, structure, vehicle, vessel, aircraft or other place; and (b) the person is in, on, or in occupation of, the premises, structure, vehicle, vessel, aircraft or place when the firearm is found – unless the court is satisfied that the person did not know, and could not reasonably be expected to have known, that the firearm was in or on the premises, structure, vehicle, vessel, aircraft or place. 4. Possession of firearms For the purposes of this Act – (a) if a person knowingly has a firearm in the custody of another person, the first-mentioned person is still taken to possess the firearm; and (b) if 2 or more persons possess parts of a firearm, each of them is taken to possess the firearm. 5. Purchase and sale under hire-purchase For the purposes of this Act, a person who takes possession of a firearm under a hire-purchase agreement is taken to have purchased it and the person who possessed it immediately before parting with possession is taken to have sold it. 6. Application of Act (1) This Act does not apply to – (a) a member of the Defence Force referred to in the Defence Act 1903 of the Commonwealth, possessing or using a firearm while acting in the course of the member's duties as such a member, if the member does not, while possessing or using the firearm, consume any intoxicating liquor and is not under the influence of alcohol or any other drug; or (ab) a correctional officer, within the meaning of the Corrections Act 1997 , possessing or using, in accordance with subsection (1A) – (i) a firearm that may be possessed or used under a licence referred to in Division 2 of Part 2 ; or (ii) a thing that is prescribed, under paragraph (f) of the definition of firearm in section 3 , as a firearm; or (ac) a person appointed as an ancillary constable under section 14 of the Police Service Act 2003 possessing or using a firearm, in accordance with subsection (1B) , that may be possessed or used under a Category H firearms licence; or (ad) a person, to whom an authorisation under section 157 of this Act relates, possessing or using a firearm, in accordance with subsection (1B) , that may be possessed or used under a Category D firearms licence; or (b) a police officer, other than a junior constable or trainee, possessing or using a firearm in accordance with subsection (2) while – (i) acting in the ordinary course of the police officer's duties; or (ii) stationed at a one-person police station; or (iii) on call outside the police officer's rostered hours of work; or (iv) attached to the group of police officers formed for the purpose of carrying out special operations in relation to high risk incidents; or (c) a junior constable or trainee possessing or using a firearm in accordance with subsection (3) while acting in the ordinary course of the junior constable's or trainee's duties. (1A) A correctional officer, within the meaning of the Corrections Act 1997 , possessing or using a firearm under subsection (1) – (a) must not consume any intoxicating liquor or be under the influence of alcohol or any other drug; or (b) may only possess or use the firearm while acting in the course of the member's duties as a member of – (i) a group deployed at the request of the Director, or under the standing orders of the Director, made under the Corrections Act 1997 for the purposes of the management, security or control of prisons under that Act; or (ii) a prescribed unit, or other group, that performs the functions of a group referred to in subparagraph (i) . (1B) A person appointed as an ancillary constable under section 14 of the Police Service Act 2003 , or a person to whom an authorisation under section 157 of this Act relates, possessing or using a firearm under subsection (1) – (a) may only possess or use the firearm if the person is authorised under the appointment, or authorisation, to possess and use the firearm; and (b) may only possess or use the firearm – (i) if the person is appointed as an ancillary constable, while acting in the course of the person's duties under this Act or any other Act, as specified in the person's appointment, and in accordance with that appointment; or (ii) if the person is authorised under section 157 of this Act, while acting in the course of the person's duties under the authorisation and in accordance with that authorisation; and (c) must comply with the safekeeping and storage requirements, that apply under this Act in relation to the firearm, except when the firearm is in a holster, being worn by the person, that is intended for use with that firearm; and (d) must not consume any intoxicating liquor or be under the influence of alcohol or any other drug, except where the firearm is not kept at premises in accordance with the safekeeping and storage requirements that apply under this Act in relation to the firearm. (2) A police officer, other than a junior constable or trainee, possessing or using a firearm under subsection (1) – (a) must not consume any intoxicating liquor or be under the influence of alcohol or any other drug; and (b) must not be present at any place where liquor is being consumed except in the ordinary course of the police officer's duties; and (c) must keep the firearm at his or her residence outside work hours in accordance with the safekeeping and storage requirements under this Act; and (d) must carry that firearm between that residence and place of duty by the most direct and practicable route. (3) A junior constable or trainee possessing or using a firearm under subsection (1) – (a) must not consume intoxicating liquor or be under the influence of alcohol or any other drug; and (b) must not be present at any place where liquor is being consumed except in the ordinary course of the junior constable's or trainee's duties. (3A) This Act does not apply to a State Service employee, or State Service officer, in relation to the possession of a firearm, firearm part or ammunition, in the course of the employee's or officer's duties, as such an employee or officer, in relation to – (a) enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or (b) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or (c) the administration of justice – if the employee or officer does not consume any intoxicating liquor, and is not under the influence of alcohol or any other drug, while the firearm is in the employee's or the officer's possession. (4) In this section – junior constable means a junior constable as defined in the Police Service Act 2003 ; trainee means a trainee as defined in the Police Service Act 2003 . 7. Exemption to hold licence (1) A person who is a member of the Naval Reserve Cadets, the Australian Cadet Corps or the Air Training Corps is not required to hold a licence that authorises the person to possess a firearm while the person possesses it – (a) for the purposes of activities of the Cadets or the Corps of which the person is a member; and (b) in accordance with any approved guidelines. (2) A person who is a police officer of the Australian Federal Police or another State or Territory of the Commonwealth is not required to hold a licence to possess or use a firearm while acting in the ordinary course of the police officer's duties in Tasmania. 8. Act binds Crown This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Licences Division 1 - Possession, use, purchase and dealing 9. Possession or use of firearms (1) A person must not possess or use a firearm – (a) unless the person is the holder of a firearms licence of the appropriate category as specified in Division 2 in respect of that firearm; or (b) that is a firearm in relation to which a firearms licence may not be issued. Penalty: Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both. (1A) If a person possesses or uses a prohibited firearm – (a) that is a firearm in relation to which a firearms licence may be issued, without being the holder of a firearms licence of the appropriate category as specified in Division 2 in respect of that firearm; or (b) that is a firearm in relation to which a firearms licence may not be issued – the person is guilty of an indictable offence punishable under the Criminal Code. (2) A person is to apply for a firearms licence in accordance with Division 5 of this Part. 10. Acquiring firearms (1) A person must not acquire a firearm unless the person is a licensed firearms dealer or the holder of – (a) a firearms licence of the category appropriate to that firearm; and (b) a permit in respect of that firearm. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) A person is to apply for a permit in accordance with Division 1 of Part 3 . 11. Dealing in firearms (1) A person is guilty of an indictable offence punishable under the Criminal Code if the person deals in firearms without holding a firearms dealer licence. (2) A person is to apply for a firearms dealer licence in accordance with Division 5 . (3) A person employed by a firearms dealer must not manually handle a firearm in the course of that employment unless the person holds – (a) a firearms licence of the appropriate category as specified in Division 2 in respect of that firearm; or (b) a firearms dealer employee licence. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. (4) A person is to apply for a firearms dealer employee licence in accordance with Division 5 . 12. Exhibition of firearms (1) A person must not possess a firearm for show or exhibition unless the person is the holder of a firearms museum licence in respect of that firearm. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) A person is to apply for a firearms museum licence in accordance with Division 5 . 13. Possession of heirloom firearms (1) A person must not possess an heirloom firearm unless the person is the holder of a firearm heirlooms licence. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) A person is to apply for a firearm heirlooms licence in accordance with Division 5 . 13A. Possession of ex-military firearms and ordnance (1) A person must not possess an ex-military firearm or ex-military ordnance unless the person is the holder of a militaria firearms licence. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) However, a person does not commit an offence under subsection (1) in respect of an ex-military firearm if the person is authorised to possess the firearm under a firearm heirlooms licence, firearms museum licence or other kind of firearms licence. (3) A person is to apply for a militaria firearms licence in accordance with Division 5 . Division 2 - Categories and authority of firearms licences 14. Category A firearms licence (1) A Category A firearms licence applies to any – (a) air rifle; and (b) rim-fire rifle, other than self-loading; and (c) shotgun, other than pump action, lever action or self-loading; and (d) shotgun and rim-fire rifle combinations. (2) A Category A firearms licence authorises the holder to possess or use only a firearm referred to in subsection (1) for the particular purpose specified in the licence. 15. Category B firearms licence (1) A Category B firearms licence applies to any – (a) muzzle-loading firearm; and (b) centre-fire rifle, other than self-loading; and (ba) lever action shotgun with a magazine capacity of no more than 5 rounds of ammunition; and (c) shotgun and centre-fire rifle combinations. (2) A Category B firearms licence authorises the holder to possess or use only a firearm referred to in subsection (1) for the particular purpose specified in the licence. 16. Category C firearms licence (1) A Category C firearms licence applies to any – (a) self-loading rim-fire rifle with a magazine capacity of no more than 10 rounds of ammunition; and (b) self-loading shotgun with a magazine capacity of no more than 5 rounds of ammunition; and (c) pump action shotgun with a magazine capacity of no more than 5 rounds of ammunition. (2) A Category C firearms licence authorises the holder to possess or use only one firearm referred to in subsection (1) (a) and one firearm referred to in subsection (1) (b) or (c) specified in the licence for the particular purpose specified in the licence. (3) Subsection (2) does not apply in respect of a Category C firearms licence that is specified as being issued only for the genuine reason of firearms collection. 17. Category D firearms licence (1) A Category D firearms licence applies to any – (a) self-loading centre-fire rifle; and (b) self-loading shotgun with a capacity of more than 5 rounds of ammunition; and (c) pump action, or lever action, shotgun with a capacity of more than 5 rounds of ammunition; and (d) self-loading rim-fire rifle with a magazine capacity of more than 10 rounds of ammunition. (2) A Category D firearms licence authorises the holder to possess or use only a firearm referred to in subsection (1) that is specified in the licence for the particular purpose specified in the licence. (3) Subsection (2) does not apply in respect of a Category D firearms licence that is specified as being issued only for the genuine reason of firearms collection. 18. Category H firearms licence (1) A Category H firearms licence for a purpose other than sport or target shooting applies to any – (a) pistol; and (b) air pistol. (2) A Category H firearms licence for a purpose other than sport or target shooting authorises the holder to possess or use only a pistol referred to in subsection (1) for the particular purpose specified in the licence. (3) A Category H firearms licence for sport or target shooting authorises the holder to possess or use any of the following: (a) a pistol that does not exceed .38 inch calibre; (b) a semi-automatic pistol that has a barrel length of 120 millimetres or more; (c) a revolver that has a barrel length of 100 millimetres or more; (d) a single-shot pistol that has a barrel length of 100 millimetres or more; (e) a pistol that has a magazine capacity of 10 rounds of ammunition or less. (4) A Category H firearms licence for sport or target shooting authorises the holder, with the approval of the Commissioner, to possess or use a prohibited pistol for the purpose of training for, and participating in, a prescribed event where pistols that have a calibre not exceeding .46 inch may be used. (5) A category H firearms licence for use in the security industry authorises the holder to possess – (a) a registered pistol that – (i) does not exceed .38 inch calibre or 9 millimetre calibre; and (ii) is owned by, and has as its registrant, the holder's employer; and (b) factory-manufactured or factory-loaded ammunition for a registered pistol of the kind referred to in paragraph (a) . Division 3 - Other licences 19. Firearms dealer licence A firearms dealer licence authorises the holder to deal only in a firearm of a category specified in the licence at premises specified in the licence. 19A. Firearms dealer employee licence A firearms dealer employee licence authorises the holder to handle manually, in the course of his or her employment with the holder of a firearms dealer licence and at the premises specified in the firearms dealer licence – (a) firearms of a category specified in the firearms dealer licence; and (b) ammunition for such firearms. 20. Firearms museum licence A firearms museum licence authorises the holder to exhibit or show only a firearm of a category specified in the licence at premises specified in the licence. 21. Firearm heirlooms licence A firearm heirlooms licence authorises the holder to possess a single heirloom firearm or a matched pair or set of heirloom firearms. 21A. Militaria firearms licence A militaria firearms licence authorises the holder to possess and display ex-military firearms and ex-military ordnance. Division 4 - General matters 22. Additional authority relating to possession A licence that authorises the holder to possess a firearm also authorises the holder to possess it while – (a) taking it to a licensed firearms dealer for the purpose of maintenance or repair and subsequently recovering it from the dealer; or (b) taking it to a licensed firearms dealer for the purpose of sale and subsequently recovering it from the dealer if not sold; or (c) taking it for inspection and subsequently recovering it; or (d) conveying it from one place to another for the purpose of using it; or (da) cleaning, or undertaking routine maintenance of, the firearm whilst it is in the licence holder's immediate custody and control; or (e) taking it for the purpose of surrendering it. 23. Additional authority relating to use (1) A licence issued for the genuine reason of recreational hunting or vermin control authorises the holder to use a firearm on land not specified in the application for that licence if the holder provides the Commissioner, if required to do so, with a document from the owner or occupier of that land giving permission to shoot on that land. (2) If a document is given by an owner or occupier of land under subsection (1) , the holder of a licence must provide the Commissioner with that document within 7 days after being required to do so. Penalty: Fine not exceeding 20 penalty units. 24. Purchase by unlicensed firearms dealer A person who is not a licensed firearms dealer must not purchase a firearm from any person who is not a licensed firearms dealer. Penalty: Fine not exceeding 50 penalty units. 25. Purchase and sale (1) A licensed firearms dealer must not purchase, acquire or take possession of a firearm from another person who is not a licensed firearms dealer unless that other person – (a) is authorised by a licence to possess the firearm and the firearms dealer has seen the licence; or (b) is the holder of a corresponding firearms dealer licence or is surrendering a firearm in accordance with section 109(1) . Penalty: Fine not exceeding 100 penalty units. (2) A licensed firearms dealer must not sell any firearm to any person unless that other person – (a) is authorised by a permit to acquire the firearm and the firearms dealer has seen the permi