Firearms Amendment Regulations (No. 2) 2016
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 .
8 August 2016C. WARNER
Governor
By Her Excellency's Command,
M. T. (RENE) HIDDING
Minister for Police, Fire and Emergency Management
These regulations may be cited as the Firearms Amendment Regulations (No. 2) 2016 .
These regulations take effect on the day on which section 46 of the Firearms (Miscellaneous Amendments) Act 2015 commences.
In these regulations, the Firearms Regulations 2006 are referred to as the Principal Regulations.
4. Regulation 14A inserted
After regulation 14 of the Principal Regulations , the following regulation is inserted:14A. Prescribed methods of dealing with surrendered firearms
(1) For the purposes of section 109(3) of the Act, a licensed firearms dealer must, within 7 days of receiving one of the following firearms that has been surrendered by a person, surrender that firearm to a police officer:(a) a prohibited firearm;(b) a firearm that the licensed firearms dealer knows, or reasonably ought to know, has been unlawfully modified;(c) a firearm of a category that the licensed firearms dealer is not authorised under his or her licence to deal in;(d) any other firearm that has been permanently surrendered by the person;(e) any other firearm that has been surrendered by the person, if –(i) the person has not clearly stated to the licensed firearms dealer that the person intends to reclaim the firearm from the dealer once the person is authorised under the Act to be in possession of the firearm; or(ii) the licensed firearms dealer has not agreed to buy the firearm from, or to sell the firearm on behalf of, the person.(2) For the purposes of section 109(3) of the Act, a licensed firearms dealer must deal with a firearm that has been surrendered by a person, by taking the following actions, if the person intends to reclaim the firearm once the person is authorised under the Act to be in possession of it:(a) if the firearm is not registered, the licensed firearms dealer must register the firearm within 7 days of receiving it;(b) if the firearm has not been reclaimed by the person within the period of 6 months from the date of its surrender to the licensed firearms dealer, the dealer must surrender the firearm to a police officer within 7 days after the expiry of that period;(c) if, within the period of 6 months from the date of surrender of the firearm to the licensed firearms dealer, the person who surrendered the firearm informs the dealer of his or her decision to permanently surrender the firearm, the dealer must surrender the firearm to a police officer within 7 days of being informed of that decision.(3) For the purposes of section 109(3) of the Act, a licensed firearms dealer must deal with a firearm that has been surrendered by a person by registering it within 7 days of receiving the firearm if –(a) subregulation (1) does not apply in respect of the firearm; and(b) the firearm is not registered; and(c) the person has surrendered the firearm to the licensed firearms dealer; and(d) the person has informed the licensed firearms dealer at the time of surrender that –(i) he or she intends that the licensed firearms dealer buy the firearm from the person and the dealer agrees to do so; or(ii) he or she intends that the licensed firearms dealer sell the firearm on behalf of the person and the dealer agrees to do so.(4) Nothing in this regulation –(a) requires a licensed firearms dealer to retain a firearm that is required to be surrendered under section 109(1) of the Act, if the person in possession of it is not surrendering it to the dealer; or(b) requires a licensed firearms dealer to agree to store, sell or buy a firearm that has been surrendered to the dealer under the Act; or(c) prevents a licensed firearms dealer from recovering a fee from a person for storing a firearm, in accordance with this regulation, that has been surrendered to the dealer by the person.(5) In this regulation –permanently surrender, in relation to a firearm, means a person surrenders the firearm to a licensed firearms dealer and has no intention of reclaiming the firearm from the dealer, or having the dealer sell or buy the firearm, under this regulation.
5. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is amended by omitting item 5 .
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 August 2016
These regulations are administered in the Department of Police, Fire and Emergency Management.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Firearms Regulations 2006 by –(a) prescribing the methods for a licensed firearm dealer to deal with a firearm surrendered to the licensed firearms dealer under section 109 of the Act; and(b) omitting the fee for acting as an agent in the purchase or sale of firearms between licensees.