Firearms Regulations 1996

Firearms Regulations 1996

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 .

G. S. M. GREEN

Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Police and Public Safety

1.   Short title

These regulations may be cited as the Firearms Regulations 1996 .

2.   Commencement

These regulations commence on 13 November 1996.

3.   Interpretation

In these regulations –

Act means the Firearms Act 1996 ;

List A means the list entitled "Firearms Price List" issued by the Commonwealth Law Enforcement Board relating to prohibited firearms, the values of which do not exceed $2 500, as in force at the commencement of these regulations;

List B means the list entitled "Reserve List" issued by the Commonwealth Law Enforcement Board relating to prohibited firearms, the values of which exceed $2 500, as in force at the commencement of these regulations.

4.   Prescribed places

(1)  For the purpose of the definition of

interim restraint order in section 3 of the Act, the following places are prescribed:

(a) Victoria;

(b) South Australia;

(c) Western Australia;

(d) Northern Territory;

(e) Queensland;

(f) New South Wales;

(g) Australian Capital Territory.

(2)  For the purpose of the definition of

restraint order in section 3 of the Act, the following places are prescribed:

(a) Victoria;

(b) South Australia;

(c) Western Australia;

(d) Northern Territory;

(e) Queensland;

(f) New South Wales;

(g) Australian Capital Territory.

5.   Requirements relating to animal population control

The following are government agencies for the purpose of section 41(b) of the Act:

(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 .

6.   Form of licence

A licence is to specify the date on which it ceases to be in force.

7.   Amount of ammunition

For the purposes of section 46(f) of the Act, the amount of ammunition which the holder of a licence may possess at any time is an amount determined by the Commissioner having regard to –

(a) the amount of ammunition reasonably required by the holder for the firearm to which the licence relates; and

(b) the genuine reason in respect of which the licence is issued.

8.   Firearms collection and heirlooms

(1)  Any firearm referred to in section 17(1) or 21 of the Act, other than a shotgun, that the holder of a licence is authorised to possess for the purpose of a firearms collection or as an heirloom firearm must be rendered permanently incapable of being fired in the following manner:

(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 is to be removed and the firing pin hole welded closed;

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

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

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

(h) any bolts are to be welded in a fixed position;

(i) any firearm with external hammers is to have the hammers welded in a fixed fired position to prevent its function;

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

(k) any bolt action firearm is to have weld placed on the bolt guide rail to prevent removal of the bolt.

(2)  Any shotgun referred to in section 17(1) or 21 of the Act that the holder of a licence is authorised to possess for the purpose of a firearms collection or as an heirloom firearm must be rendered permanently incapable of being fired in the following manner:

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

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

(c) a 5 cm 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.

(3)  Any heirloom firearm that is a semi-automatic pistol and that the holder of a licence is authorised to possess must also have the slide welded to the frame on both sides to prevent its removal.

(4)  Any weld is to be –

(a) substantial and wherever practicable not a spot weld; and

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

(5)  If a firearm has components of a non-ferrous composition which cannot be satisfactorily welded and modifications have to be made in accordance with this regulation, the components may be glued and pinned to prevent their function.

(6)  The barrel of a firearm that is constructed of material suitable for welding may be plugged with a mild steel rod and welded by gas brazing or a similar method.

(7)  Any nipple on any firearm is to be blocked with weld.

(8)  A pistol with a revolving cylinder is 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.

9.   Period of licences

(1)  A Category A, B or H licence is in force for whichever of the following periods the holder of the licence elects at the time of 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 licence granted to a person who is a primary producer is in force for whichever of the following periods the holder of the licence elects at the time of 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.

10.   Safety requirements for conveying prohibited firearms and pistols

The following are safety requirements for conveying any prohibited firearms and pistols:

(a) the firearm is to be in the unloaded condition with any detachable magazine removed 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 a 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) the firearm, other than a pistol, is to be conveyed in a locked receptacle that is of solid construction or made of hardwood that is at least 10 mm 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) any pistol 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.

11.   Particulars of dealings between licensees

The following are the particulars a licensed firearms dealer is required to keep in a record kept under section 89 of the Act in relation to acting as an agent in any dealing with a firearm or firearm part between licensees:

(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; and

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

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

12.   Amount of ammunition acquired

For the purpose of section 105(2) of the Act –

(a) the amount of ammunition that a person may acquire for any firearm is an amount determined by the Commissioner having regard to –

(i) the amount of ammunition reasonably required by the holder for the firearm to which the licence relates; and

(ii) the genuine reason in respect of which the licence is issued; and

(b) the period during which that amount may be acquired is 12 months.

13.   Compensation

The Minister is to determine the amount of compensation payable under section 146 of the Act as follows:

(a) for a firearm listed in List A, the amount of compensation payable is the amount specified for that firearm in that list according to whether the firearm has been used or has never been fired;

(b) for a firearm listed in List B, the amount of compensation payable is the amount specified for that firearm in that list according to whether the firearm has been used or has never been fired.

14.   Private valuation of certain firearms

(1)  Instead of accepting the amount of compensation payable for a non-military style firearm listed in List B, as determined under regulation 13 , the owner of the firearm may obtain, at his or her own cost, a valuation of the firearm by a person approved by the Minister.

(2)  The amount of compensation payable for a firearm for which a valuation is obtained under subregulation (1) is the equivalent of that valuation, whether or not that valuation is less than the amount specified in List B for that firearm.

15.   Private valuation of firearms not listed

(1)  The owner of a firearm that is not listed in List A or List B may, at his or her own cost, obtain a valuation of that firearm by a person approved by the Minister.

(2)  The amount of compensation payable for a firearm for which a valuation is obtained under subregulation (1) is the equivalent of that valuation.

16.   Fees

The fees specified in Schedule 1 are the fees prescribed for the matters specified in that Schedule.

SCHEDULE 1 - Fees

Regulation 16

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

Notified in the Gazette on 13 November 1996

These regulations are administered in the Department of Police and Public Safety.