Firearms Regulations 2006

Firearms Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Firearms Act 1996 .

16 October 2006

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Police and Emergency Management

1.   Short title

These regulations may be cited as the Firearms Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Firearms Act 1996 .

4.   Prescribed places

For the definitions of "interim restraint order" and "restraint order" in section 3 of the Act, each of the following is a place:

(a) Australian Capital Territory;

(b) New South Wales;

(c) Northern Territory;

(d) Queensland;

(e) South Australia;

(f) Victoria;

(g) Western Australia.

5.   Prescribed prohibited pistols

For the definition of "prohibited pistol" in section 3 of the Act, each of the following is a prohibited pistol:

(a) a pistol that has a calibre exceeding .38 inches;

(b) a semi-automatic pistol that has a barrel length of less than 120 millimetres;

(c) a revolver that has a barrel length of less than 100 millimetres;

(d) a single-shot pistol that has a barrel length of less than 100 millimetres;

(e) a pistol that has a magazine with a capacity of more than 10 rounds.

6.   Prescribed events

For section 18(4) and section 58A of the Act, each of the following is a prescribed event:

(a) Metallic Silhouette Event;

(b) Western (Single) Action Event.

7.   Prescribed government agencies

For section 41(b) of the Act, each of the following is a prescribed government agency:

(a) the department responsible for the administration of the Environmental Management and Pollution Control Act 1994 ;

(b) the department responsible for the administration of the Animal Health Act 1995 .

8.   Form of licence

For section 45(h) of the Act, a licence is to specify the date on which it ceases to be in force.

9.   Amount of ammunition

For section 46(f) of the Act, the prescribed amount of ammunition is such amount as the Commissioner determines having regard to –

(a) the amount of ammunition that the licensee reasonably requires for the firearm to which the licence relates; and

(b) the genuine reason for which the licence is issued.

10.   Firearm collections and heirloom firearms

(1)  For section 47(1)(b) and section 47(2) of the Act, the following is the prescribed manner in which a firearm of a kind specified in those sections that is not a shotgun is to be rendered permanently incapable of being fired:

(a) a bore diameter mild steel rod is to be inserted into the barrel of the firearm, extending for the full length of the barrel;

(b) the mild steel rod is to be fully welded to –

(i) the muzzle and finished flush; and

(ii) the chamber of the firearm, if applicable;

(c) the barrel is to be welded to the receiver to prevent its removal;

(d) the firing pin of the firearm is to be removed and the firing pin hole welded closed;

(e) all internal springs or components that can be removed from the firearm without detracting from its external appearance are to be so removed;

(f) the trigger of the firearm is to be welded in a fixed position to prevent its function;

(g) weld is to be applied to the internal components of the firearm to prevent its function, if possible;

(h) each bolt, if any, is to be welded in a fixed position;

(i) each external hammer, if any, is to be welded in a fixed fired position to prevent its function;

(j) the action of the firearm is to be welded in a closed position to prevent its function;

(k) if the firearm has a bolt action, weld is to be applied to the bolt guide rail to prevent removal of the bolt;

(l) if the firearm has a nipple, the nipple is to be blocked with weld.

(2)  For section 47(1)(b) and section 47(2) of the Act, the following is the prescribed manner in which a firearm of a kind specified in those sections that is a shotgun is to be rendered permanently incapable of being fired:

(a) a bore diameter mild steel rod is to be inserted into the barrel of the firearm for a distance of 5 centimetres;

(b) the mild steel rod is to be fully welded flush to the muzzle;

(c) a 5 centimetre long mild steel plug is to be inserted into the chamber and fully welded flush;

(d) the barrel is to be welded to the receiver to prevent its removal;

(e) if the firearm has a nipple, the nipple is to be blocked with weld.

(3)  An heirloom firearm that is a semi-automatic pistol is, in addition to the matters set out in subregulation (1) , to have the slide of the pistol welded to the frame on both sides to prevent its removal.

(4)  A pistol with a revolving cylinder is, in addition to the matters set out in subregulation (1) , to have a mild steel rod extending from the muzzle to a chamber of the cylinder and the cylinder is to be welded to the frame.

(5)  A weld made for the purposes of this regulation is to be –

(a) substantial and, if practicable, not a spot weld; and

(b) effected by gas metal arc, gas tungsten arc, manual arc electrode or gas fusion with steel wire.

(6)  If a firearm that is required to be welded in accordance with this regulation has components of a non-ferrous composition that cannot be satisfactorily welded, the components may be glued and pinned to prevent their function.

(7)  If a firearm that is required to be welded in accordance with this regulation has a barrel that is constructed of material suitable for welding, the barrel may be plugged with a mild steel rod and welded by gas brazing or a similar method.

11.   Period of licences

(1)  A Category A, B or H firearms licence is in force for whichever of the following periods the licensee elects when applying for the licence:

(a) 5 years from the date of its issue;

(b) 3 years from the date of its issue.

(2)  A Category C firearms licence granted to a person who is a primary producer is in force for whichever of the following periods the licensee elects when applying for the licence:

(a) 5 years from the date of its issue;

(b) 3 years from the date of its issue.

(3)  A Category C firearms licence granted to a person who is employed or engaged in the business of primary production is in force for a period of 12 months from the date of its issue.

(4)  A Category D firearms licence is in force for a period of 12 months from the date of its issue.

(5)  A firearms dealer licence is in force for a period of 3 years from the date of its issue.

(6)  A firearms museum licence is in force for a period of 3 years from the date of its issue.

(7)  A firearm heirlooms licence is in force for 5 years from the date of its issue.

12.   Safety requirements for conveying prohibited firearms

The following are safety requirements for conveying a prohibited firearm:

(a) the firearm is to be in the unloaded condition, with any detachable magazine detached from the firearm;

(b) the bolt or breech block is to be removed from the firearm, if possible;

(c) if it is not possible to readily remove the bolt or breech block from the firearm, the bolt or breech block is to be in the rearwards or open condition, leaving the ejection port open;

(d) the safety catch is to be in the "on" position, if possible;

(e) a trigger lock is to be fitted to the firearm, if possible;

(f) if the firearm is not a pistol, it is to be conveyed in a locked receptacle that is of solid construction or made of hardwood that is at least 10 millimetres thick;

(g) the receptacle is to be fitted with a metal lock;

(h) the locked receptacle is not to contain any ammunition;

(i) magazines are not to contain any ammunition;

(j) if the firearm is a pistol, it is to be contained in a locked receptacle preferably located in the most secure area of a vehicle (such as the locked boot of a sedan).

13.   Prescribed particulars to be contained in dealings record

For section 89(2)(f) of the Act, where a licensed firearms dealer acts as an agent in any dealing with a firearm or firearm part between licensees, a dealings record is to contain the following particulars regarding that dealing:

(a) the names and addresses of the licensees involved in the dealing;

(b) the numbers of the licences of the licensees or permits authorising the licensees to possess the firearm or firearm part;

(c) the numbers of the permits of the licensees to acquire the firearm;

(d) the date of receipt of the firearm or firearm part by the firearms dealer;

(e) the date of the sale and purchase of the firearm or firearm part;

(f) the make, serial number, calibre, type, action and any magazine capacity of the firearm or firearm part.

14.   Prescribed amount of ammunition and period of acquisition

For section 105(2)(b) of the Act –

(a) the prescribed amount of ammunition is such amount as the Commissioner determines having regard to –

(i) the amount of ammunition that the holder of the licence for the firearm reasonably requires for the firearm; and

(ii) the genuine reason for which the licence is issued; and

(b) the prescribed period is 12 months.

15.   Fees

The fees specified in Schedule 1 are prescribed as the fees that are payable or chargeable for the matters to which they respectively relate.

16.   Legislation rescinded

The legislation specified in Schedule 2 is rescinded.

SCHEDULE 1 - Fees

Regulation 15

SCHEDULE 2 - Legislation rescinded

Regulation 16

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 October 2006

These regulations are administered in the Department of Police and Emergency Management.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations, which replace the Firearms Regulations 1996 , prescribe various matters for the purposes of the Firearms Act 1996 including –

(a) the manner in which heirloom firearms and firearms in a firearms collection are to be rendered permanently incapable of being fired; and

(b) the periods for which firearms licences remain in force; and

(c) safety requirements for conveying prohibited firearms; and

(d) the particulars required to be kept of dealings with firearms between licensees; and

(e) fees for licences, permits, registrations and other matters under that Act.