Tasmania: 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 permit; and (b) is authorised by a licence to possess the firearm and the firearms dealer has seen the licence. Penalty: Fine not exceeding 100 penalty units. (3) The holder of a licence may sell a firearm to, or purchase a firearm from, another holder of a licence through the agency of a licensed firearms dealer. (4) . . . . . . . . 26. Possession and use of firearm under licence (1) The holder of a licence must not possess or use a firearm – (a) if any purpose is specified in the licence, for any purpose that is not so specified; or (b) if any premises are specified in the licence, at any premises that are not so specified. Penalty: In the case of – (a) the holder of a firearms dealer licence, a fine not exceeding 100 penalty units; or (b) the holder of any other licence, a fine not exceeding 50 penalty units. (2) However, it is not an offence under subsection (1) for the holder of an active non-sporting firearms licence to possess and use a firearm specified in the licence at an approved range if – (a) the firearm is used only for orientation purposes; and (b) the holder of the licence has the permission of the club or person in charge of the range; and (c) the person has not used that firearm, for orientation purposes, at any range on more than 3 occasions in the 6-month period immediately preceding the day on which the person is attending the range. (3) In this section – active non-sporting firearms licence means a firearms licence that – (a) authorises its holder to use a firearm; and (b) does not specify, as a purpose for which that firearm may be used, range shooting, sport shooting or target shooting; orientation purposes, in relation to a firearm, means any or any combination of the following: (a) sighting the firearm; (b) testing the firearm or its components or ammunition; (c) acquiring familiarity with the firearm; (d) acquiring greater proficiency in the use of the firearm; range includes shooting gallery. 27. Information relating to safety The Commissioner is to ensure that an applicant for a licence is provided with information about – (a) the approved firearms safety course required to be completed by the applicant; and (b) the requirements under this Act relating to storage and safety of firearms. 27A. Use of collection firearms on certain occasions (1) The Commissioner may grant a permit, to the holder of a licence granted for the genuine reason of collection, to carry or use any firearm held under the licence at a commemorative or historical event and held on an approved range. (2) The Commissioner may impose any conditions on the permit that the Commissioner considers appropriate. (3) The conditions that the Commissioner may impose on a permit granted under this section may include conditions for or in respect of – (a) the circumstances in which the Commissioner may cancel or suspend the permit and any other matters related to any such cancellation or suspension; and (b) the length or term of the permit and any related matters. (4) An application for a permit must be – (a) in a form and manner approved by the Commissioner; and (b) accompanied by the prescribed fee. (5) The holder of a permit must comply with the terms and conditions of the permit. Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. 27B. Commissioner may require list of firearms in possession of licence holder to be provided The Commissioner, by notice given to a licence holder, may require the licence holder to provide to the Commissioner a list of all firearms in the possession of the licence holder. Division 5 - Applications 28. Applications for licences (1) An applicant for a licence must be – (a) at least 18 years of age; and (b) a natural person. (2) An application for a licence is to – (a) be in an approved form; and (b) contain proof of the applicant's identity in accordance with the requirements under the Financial Transactions Reports Act 1988 of the Commonwealth that apply in respect of the opening of a bank account; and (c) contain proof of age; and (ca) contain an authorisation from the applicant to the Commissioner to release any information that the Commissioner considers necessary in relation to the applicant to a person holding an official position in an approved pistol shooting club or in an approved society, the members of which collect firearms, and to a person holding an official position in an approved pistol shooting club or in an approved society, the members of which collect firearms, to release any information that the person considers necessary in relation to the applicant to the Commissioner; and (cb) in the case of an application for a firearms dealer licence, contain the name and address of each person who is a close associate of the applicant and particulars of the nature of that close association; and (d) contain any prescribed particulars; and (e) be accompanied by the prescribed fee; and (f) be lodged with the Commissioner. 29. General restrictions on granting licence (1) The Commissioner must not grant an application for a licence unless the Commissioner is satisfied that the applicant – (a) is at least 18 years of age; and (b) is a natural person; and (c) is a fit and proper person; and (d) has satisfactorily completed an approved firearms safety course. (e) . . . . . . . . (2) In deciding whether a person is a fit and proper person the Commissioner is to take into account the following: (a) any likelihood of the person using a firearm – (i) for an unlawful purpose; or (ii) to harm himself or herself; (b) the mental and physical condition of the person; (c) any criminal activity of the person, whether in Tasmania or elsewhere; (d) any offence committed by the person under this Act or under the Guns Act 1991 ; (e) the ability of the person to exercise reasonable and responsible control over a firearm; (f) whether the person is subject to a restraint order, interim restraint order, family violence order, interim family violence order or police family violence order or has, at any time in the 5-year period immediately before lodging the application, been subject to such an order; (fa) whether the person is a serial family violence perpetrator within the meaning of the Family Violence Act 2004 ; (g) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace. (3) The Commissioner must not grant an application for a licence to a person who – (a) within the period of 5 years before the application was made, has been convicted in Tasmania or elsewhere of any crime involving violence to another person, whether or not the crime is a crime under a law of Tasmania; or (ab) is, within the meaning of section 6A(1) of the Police Offences Act 1935 , a participant in an identified organisation within the meaning of that section; or (b) has at any time been sentenced to a term of imprisonment, whether in Tasmania or elsewhere, for an offence involving violence to another person unless the Commissioner is satisfied that the nature of the offence, the term of imprisonment and the length of time since that term expired do not justify the refusal to grant the licence; or (c) has been convicted of an offence under Division 1 of Part 3 of the Guns Act 1991 or under section 114 of this Act or a crime under section 183 of the Criminal Code ; or (d) is subject to a firearms prohibition order, or one or more of the following in relation to personal injury: (i) a restraint order; (ii) an interim restraint order; (iii) a family violence order; (iv) an interim family violence order; (v) a police family violence order; or (e) in the Commissioner's opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, is a risk to public safety. (3A) If an application for a licence is being determined by a delegate of the Commissioner, the opinion referred to in subsection (3)(e) must be that of the Commissioner and not the delegate. (4) The Commissioner must not grant an application for a licence if the Commissioner has reasonable cause to believe that a person who is not a fit and proper person is likely to gain possession of any firearm in the possession of the applicant. (5) The Commissioner must not grant an application for a licence authorising the possession or use of a firearm unless – (a) the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm; and (b) the applicant produces evidence to the Commissioner's satisfaction in relation to the requirements specified in Division 6 of this Part in respect of that reason. (6) Notwithstanding subsection (5) , an applicant for a firearm heirlooms licence is not required to establish or provide a genuine reason in applying for the licence. 29A. Restriction on granting firearms dealer licence (1) The Commissioner must not grant an application for a firearms dealer licence unless the Commissioner is satisfied that – (a) the applicant will have primary responsibility for the management of the business proposed to be carried on under the licence; and (b) the applicant's close associates, if any, are fit and proper persons to be close associates of a firearms dealer. (2) In deciding whether a person is a fit and proper person to be a close associate of a firearms dealer, the Commissioner may, as regards that person, take into account any of the matters that are to be taken into account under section 29(2) in respect of an applicant for a licence. 29B. Commissioner may seek further information (1) Before granting an application for a licence, the Commissioner may do any or all of the following: (a) make an inquiry or conduct an investigation into the applicant or the application; (b) require the applicant to provide any further information the Commissioner reasonably needs to be satisfied about the applicant's identity or physical or mental health including – (i) a report from a medical practitioner about the applicant's physical health; and (ii) a report from a medical practitioner or psychologist about the applicant's mental health; (c) provide, for inspection, information or a document relevant to the applicant's identity to a police officer or an employee of the Department. (2) If the Commissioner suspects, on reasonable grounds, that the applicant's stated identity is false or misleading, the Commissioner may require the applicant to provide an identifying particular to verify the applicant's identity. (3) The applicant is taken to have withdrawn the application if, within a period specified by the Commissioner, the applicant – (a) refuses or fails to provide the information reasonably required under subsection (1)(b) ; or (b) refuses to allow the inspection under subsection (1)(c) ; or (c) fails to comply with a requirement under subsection (2) . (4) If information about the applicant's mental health given under subsection (1)(b) is provided in a medical practitioner's or psychologist's report, the Commissioner may – (a) make information in the Commissioner's possession available to the medical practitioner or psychologist; and (b) ask the medical practitioner or psychologist to provide a further report. (5) The Commissioner may make the information available only if the Commissioner considers, on reasonable grounds, that – (a) the medical practitioner or psychologist was not aware of the information; and (b) the information may influence the medical practitioner's or psychologist's opinion about the applicant's mental health. (6) The Commissioner must advise the applicant of the fact that the information is being supplied to the medical practitioner or psychologist. (7) The Commissioner may make the information available under subsection (4) despite the provisions of any other Act. (8) Unless the Commissioner considers that an identifying particular obtained in the course of inquiries into the application is currently required for the investigation of an offence, the Commissioner must, after deciding the application – (a) either – (i) return the identifying particular to the applicant; or (ii) destroy the identifying particular and notify the applicant in writing of its destruction; and (b) destroy any record or copy of the identifying particular. (9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose. (10) For the purposes of this section – identifying particular includes – (a) fingerprints; and (b) DNA; and (c) any other means by which a person may be identified. 30. Restrictions on granting Category B firearms licence The Commissioner must not grant an application for a Category B firearms licence to any person unless the person, in addition to establishing a genuine reason for holding the licence, produces evidence to the Commissioner's satisfaction that there is a need for the person to possess or use a firearm of the category to which the application relates. 31. Restrictions on granting Category C firearms licence (1) The Commissioner must not grant an application for a Category C firearms licence to any person unless the person establishes and provides evidence that the genuine reason for holding the licence is primary production, animal population control or firearms collection and, if the genuine reason for holding the licence is primary production or animal population control – (a) produces evidence to the Commissioner's satisfaction that there is a need for the person to possess or use a firearm of the category to which the application relates; and (b) produces evidence to the Commissioner's satisfaction that the need is not met – (i) by the authority conferred by a Category A firearms licence or a Category B firearms licence; or (ii) by any other means. (2) Any licence granted by the Commissioner authorising a person to possess or use a firearm referred to in section 16 (1) , if the genuine reason for holding the licence is firearms collection, is subject to the conditions specified in section 47 . 32. Restrictions on granting Category D firearms licence (1) The Commissioner must not grant an application for a Category D firearms licence to any person unless the person – (a) establishes and provides evidence that the genuine reason for holding the licence is animal population control or firearms collection; and (b) if the genuine reason for holding the licence is animal population control, produces evidence to the Commissioner's satisfaction that there is a need for the person to possess or use a firearm of the category to which the application relates. (2) Any licence granted by the Commissioner authorising a person to possess or use a firearm referred to in section 17 (1) , if the genuine reason for holding the licence is firearms collection, is subject to the conditions referred to in section 47 . 33. Restrictions on granting Category H firearms licence (1) The Commissioner must not grant an application for a Category H firearms licence unless the Commissioner is satisfied that – (a) the applicant has one of the following genuine reasons for applying for the licence: (i) sport or target shooting; (ii) business or employment; (iii) firearms collection; (iv) security industry work; and (b) the person needs to possess or use a firearm of the category to which the application relates in connection with that genuine reason. (2) In this section – security industry work does not include the close personal protection of other persons. 34. Restriction on granting firearm heirlooms licence The Commissioner must not grant an application for a firearm heirlooms licence to any person unless the person provides the Commissioner with sufficient proof of inheritance of the heirloom firearm. 35. Granting licence Subject to this Division, the Commissioner may grant an application for a licence – (a) subject to – (i) the conditions specified in section 46 or 47 ; and (ii) any other condition the Commissioner considers appropriate; and (b) only after the end of 28 days following the day on which the application is lodged. 35A. Variation of conditions of licence (1) The Commissioner may, at any time, vary or review a condition imposed on a licence under this Part. (2) The variation of a condition under this section has effect when notice of that variation is given in writing to the holder of the licence. (3) For the purposes of this section, notice may be given to a person – (a) by email or facsimile; or (b) by leaving it at, or sending it by post to, the person's residential or postal address or place or address of business or employment, whichever is last known to the server of the notice. 36. Refusal to grant licence (1) The Commissioner may refuse to grant an application for a licence if satisfied that to grant it would be contrary to the public interest. (2) The Commissioner must notify the applicant of the refusal to grant an application for a licence by notice in writing stating the reasons for the refusal. Division 5A - Renewal of licences 36A. Renewal of licences (1) Before the expiration of a licence under this Part, or within the period of 14 days after that expiration, the holder may apply to the Commissioner for renewal of the licence. (2) An application must be – (a) in a form and manner approved by the Commissioner; and (b) accompanied by the prescribed fee. 36B. Continuation of licence during consideration of application for renewal If a licence holder has applied for renewal of a licence under section 36A and that application has not been determined before the date of expiry of the licence, the licence is deemed to continue in force, on and from that date, until the determination of the application. 36C. General discretion of Commissioner to refuse to renew licence or to alter or vary conditions of licence (1) The Commissioner may renew or refuse to renew a licence under this Part and, if a licence is to be renewed, the Commissioner may alter or vary the conditions on the licence or impose further conditions on the licence. (2) The Commissioner must not renew the licence – (a) if the applicant can no longer demonstrate that the genuine reason for which the licence was previously issued is still applicable; or (b) if the applicant or any responsible person in relation to the application is subject to a prohibition order; or (c) unless the Commissioner is satisfied that – (i) the applicant is a fit and proper person; and (ii) the applicant can comply with the storage requirements set out by or under this Act; and (iii) the renewal of the licence is not against the public interest; or (d) for any other prescribed reason. 36D. Commissioner may alter or vary conditions on licence The Commissioner may alter or vary the conditions on the licence – (a) if the applicant can no longer demonstrate that the genuine reason for which the licence was previously issued is still applicable; or (b) for any other prescribed reason. 36E. Review of a decision not to renew licence A person who is not the subject of a prohibition order and who has applied for the renewal of a licence under this Part may apply to a magistrate for a review of a decision of the Commissioner – (a) not to renew that licence; or (b) to alter or vary any of the conditions on the licence. 36F. Disposal of firearms where licence not renewed (1) A person whose licence is not renewed does not commit an offence under this Part if he or she possesses or carries a firearm held under that licence – (a) if no application for review has been made against the decision not to renew the licence, for 28 days after the licence expires, for the purpose of disposing of the firearm; or (b) if an application for review has been made against the decision not to renew the licence, for 28 days after the confirmation of the decision, for the purpose of disposing of the firearm. (2) If a condition on a licence is altered or varied under section 36D requiring a firearm to be disposed of, the holder of the licence does not commit an offence under this Part, in the period of 28 days after the date of the alteration or variation, if he or she possesses or carries the firearm for the purpose of disposing of it. (3) A person who is disposing of a firearm in the circumstances to which subsection (1) or (2) applies must dispose of that firearm to a police officer or a licensed firearms dealer. Penalty: Fine not exceeding 60 penalty units or imprisonment for a term not exceeding 12 months, or both. (4) This Act applies to an application for the renewal of a licence as if it were an application for that licence. Division 6 - Genuine reasons and requirements 37. Genuine reasons (1) A genuine reason to possess or use a firearm is any of the following: (a) sport or target shooting; (b) recreational hunting or vermin control; (c) primary production; (d) animal population control; (e) animal welfare; (f) business or employment as a firearms dealer, security agent or security guard; (fa) fishing for commercial purposes within the meaning of the Living Marine Resources Management Act 1995 ; (fb) conducting a paintball business within the meaning of Part 6A ; (g) firearms collection; (h) show or exhibition. (2) A person does not have a genuine reason for possessing or using a firearm if the person intends to possess or use the firearm for – (a) the person's personal protection or the protection of his or her family; or (b) the general protection of property, other than the protection of property in the course of carrying out the functions of a security agent or security guard. 38. Requirements relating to sport or target shooting An applicant whose genuine reason for possessing or using a firearm is sport or target shooting must be a current member of an approved shooting organisation that conducts competitions or activities involving the use of that firearm. 39. Requirements relating to recreational hunting or vermin control An applicant whose genuine reason for possessing or using a firearm is recreational hunting or vermin control must produce a document giving permission to shoot a type of animal or vermin specified in the document on land specified in the document from – (a) the owner or occupier of the land; or (b) . . . . . . . . (c) the Director of National Parks and Wildlife; or (d) the chief executive officer of the Forestry corporation continued by section 6 of the Forest Management Act 2013 . 40. Requirements relating to primary production An applicant whose genuine reason for possessing or using a firearm is primary production must – (a) be a person who is regularly engaged – (i) in the business of primary production on land owned, managed or leased by the person; or (ii) as an employee of such a person; and (b) produce evidence to the Commissioner's satisfaction that he or she intends to use the firearm solely in connection with – (i) the suppression of vertebrate pest animals on the land; and (ii) the destruction of animals to avoid pain and suffering. 41. Requirements relating to animal population control An applicant whose genuine reason for possessing or using a firearm is animal population control must be – (a) a professional shooter whose principal or only occupation is the business of controlling vertebrate pest animals; or (b) a person employed by or in, or authorised by, a prescribed government agency that has functions relating to vertebrate pest animals. 42. Requirements relating to animal welfare An applicant whose genuine reason for possessing or using a firearm is animal welfare must be – (a) an officer of the Royal Society for the Prevention of Cruelty to Animals established in Tasmania; or (b) a veterinary surgeon registered under the Veterinary Surgeons Act 1987 ; or (c) an authorised officer under the Biosecurity Act 2019 ; or (d) an inspector or officer under the Animal Welfare Act 1993 ; or (e) an authorised person under the Dog Control Act 2000 ; or (f) an authorised officer under the Nature Conservation Act 2002 ; or (g) a primary producer; or (h) a prescribed person. 43. Requirements relating to business or employment An applicant whose genuine reason for possessing or using a firearm is business or employment must produce evidence to the Commissioner's satisfaction that it is necessary in the conduct of the applicant's business or employment to possess or use that firearm. 44. Requirements relating to firearms collection (1) An applicant whose genuine reason for possessing a firearm is firearms collection must – (a) be a bona fide firearms collector; and (b) be a member of an approved society, the members of which collect firearms of the category to which the application relates. (2) In determining whether a firearms collector is a bona fide collector for the purposes of subsection (1) (a) , the Commissioner must be satisfied that the collection will be of significant commemorative, historical, thematic or investment value. Division 7 - General provisions relating to licences 45. Form of licence A licence is to – (a) be in an approved form; and (b) specify the name and date of birth of the licensee; and (c) contain a recent photograph of the person to whom it is issued obtained in accordance with approved arrangements; and (d) specify the date of its issue; and (e) specify the category of firearm to which the licence relates; and (f) specify the purpose for which the licensee is authorised to possess or use the firearm to which the licence relates; and (g) contain a statement that the licensee must comply with the requirements under this Act relating to the storage and safekeeping of the firearm; and (h) contain any other prescribed matter. 46. General conditions of licence A licence is subject to the following conditions: (a) the licensee must possess or use a firearm only – (i) of the category to which the licence relates; and (ii) for the particular purpose, and at any premises, specified in the licence; (b) the licensee must comply with the safekeeping and storage requirements under this Act; (ba) the licensee must notify the Commissioner in an approved form of any change in the licensee's name or residential address within 14 days after that change; (c) the licensee must ensure that the firearm is safe to use; (d) the licensee must not allow any other person to possess or use a firearm in the licensee's possession if that other person is not authorised to possess or use the firearm; (e) the licensee must permit a police officer to inspect at any reasonable time the licensee's arrangements for the storage and safekeeping of the firearms in the licensee's possession; (f) the licensee must not possess, at any time, any amount of ammunition that exceeds the prescribed amount without the written authorisation of the Commissioner. 47. Special conditions of certain licence (1) Any licence that authorises the holder to possess firearms for the purpose of a firearms collection is subject to the following conditions: (a) any firearm in the collection that has been manufactured after 1 January 1900, other than a firearm referred to in section 17 (1) , must be rendered temporarily incapable of being fired by – (i) the removal and storage of the bolt or firing pin or both the bolt and firing pin in a locked container of an approved type that is kept separate from the firearm; or (ii) the application to the firearm of an approved trigger lock; (b) any firearm referred to in section 17 (1) in the collection must, in the prescribed manner, be rendered permanently incapable of being fired; (c) the holder must not possess any ammunition for any firearm in the collection unless it is stored in the prescribed manner; (d) the holder must not restore any firearm in the collection to a state in which the firearm can readily be fired; (e) the holder must not discharge a firearm which forms part of the collection otherwise than in accordance with the specific approval of the Commissioner. (f) . . . . . . . . (1A) Notwithstanding subsection (1)(d) , a firearm rendered temporarily incapable of being fired in accordance with subsection (1)(a) may be temporarily rendered operable for the purposes of undertaking routine cleaning or maintenance, or for participation in an approved event in accordance with section 27A . (2) A firearm heirlooms licence is subject to the condition that the heirloom firearm must, in the prescribed manner, be rendered permanently incapable of being fired. (3) A Category H firearms licence for sport or target shooting is subject to the following conditions: (a) the holder must not possess or use a prohibited pistol without the approval of the Commi