Firearms Act 1996 No 46

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 84(1): Except as provided below, proceedings for an offence under this Act or the regulations may be disposed of summarily before the Local Court.

Section 84(2): An offence under ss 7 or 7A, 36, 43, 44A, 50, 50AA, 50A(1), 50B, 51(1) or (2), 51A, 51BA, 51D(1), 51E, 51F, 51H, 58(2), 62, 63, 64, 66, 70, 71A, 72(1) or 74(1)–(5) may be prosecuted on indictment. However, Ch 5 CP Act applies to and in respect of offences mentioned in this subsection: s 268(2)(e1) and Sch 1, Table 2, Pt 4[7].

Section 84(3): An offence under ss 50A(2), 51(1A) or (2A), 51B, 51BB or 51D(2) is to be prosecuted on indictment only.

Time for commencement

Section 85: An offence under this Act or the regulations may be dealt with in a summary manner before the Local Court if the court attendance notice was issued within 2 yrs of the date on which the offence is alleged to have been committed.

Evidence

Section 87: Certificates as to licences, permits, prohibition orders, etc are admissible and prima facie evidence.

Liability

SECTION DESCRIPTION
82 Liability of parents knowingly authorising or permitting contraventions by a minor
82A Liability of executors, etc
83 Liability of directors or persons concerned in the management of a corporation knowingly authorising or permitting a contravention

Firearms Regulation 2017

Currency

As amended to Firearms Amendment (Approval of Club) Regulation 2022 (No 796). Commenced 16 December 2022. Current to 20 December 2022.

The regulations provide for a range of penalties for offences relating to the use and storage of firearms and ammunition by individuals, dealers and hunting clubs. The majority of penalties are 50 pu but a number of “regulatory” offences have a maximum penalty of 10 pu or 20 pu.

CLAUSE DESCRIPTION PENALTY (MAX)
13 Fail to provide notification of loss etc of licence/permit 20 pu
15(1), (2) Licensee/permit holder fail to notify that genuine/legitimate reason for firearm ceased 50 pu
16(1) Fail to notify of change in particulars in/not surrender licence/permit 20 pu
17(1) Licence/permit holder fail to give written notification to Commissioner within 14 days of address where firearm kept specifying arrangements for storage 50 pu
17(3) Licence/permit holder fail to notify Commissioner in writing within 14 days of arrangements for safe keeping/storage of firearm at change/new address 50 pu
25(4) Failure to comply with conditions of a permit 50 pu
27(1), (2) Where licence or permit is held by a government agency, failure to notify of cessation of employment/unauthorised retention of firearm after cessation of employment 50 pu
27(9) Failure by governmental agency employee to undertake annual continuing firearms training courses 20 pu
30(4) Failure to produce on demand evidence of permission to shoot on rural land. 20 pu
32 Hunting clubs: failure to produce on demand evidence of permission to shoot on rural land 20 pu
37 Failure to make arrangements for s 19(2)(c) inspection of firearms 50 pu
40(3) Theatrical armourer must complete approved form of register and produce to police officer when required 50 pu
43 Licensed firearm dealer must obtain and maintain public liability insurance for an amount of at least $10,000,000 50 pu
47 Licensed firearm dealer must ensure ammunition is stored in a restricted area not easily accessible by the public 50 pu
48 Licensed firearms dealer must check stock on arrival 50 pu
49 Commissioner may require licensed firearm dealer to make all firearms in possession available for inspection 50 pu
50 Licensed dealer must display firearms dealer licence in all advertising 50 pu
51 Licensed dealer who acquires a firearm/barrel that is not numbered must notify the Commissioner within 7 days 50 pu
52 Death of a licensed firearms dealer must be notified 50 pu
60 Permit for the use of firearms in film/television/theatrical productions must be produced on demand 50 pu
79 Armed security guards: special requirements in relation to ammunition/firearms 50 pu
82 Armed security guards: requirements relating to carriage of pistols/shotguns 50 pu
83 Employers of security guards: firearm storage and other requirements 50 pu
84 Armed security guards: must return firearms at the end of any period of duty 50 pu
87 Employers of security guards: registers must be kept and produced to police officer on request 50 pu
88 Employers of security guards: maintenance of firearms 50 pu
89(2), (3) Employers and security guards to ensure completion of continuing safety courses once each 12 months or as approved (<24 months) 50 pu
91 Shooting ranges must be approved 50 pu
99 Shooting club members convicted of disqualifying offences referred to in cl 5(1) not permitted to take part in club activities involving firearms 50 pu
103 Shooting club members must notify their club in writing of any change in personal details 20 pu
120 Requirement to notify Commissioner when moving interstate permanently 20 pu
129(5) Range official/instructor must prevent persons giving affirmative answers to questions in subcl (2) of cl 129 from possessing/using a firearm on a shooting range 50 pu
129(7) Range official or instructor must ensure that the person possessing/using a firearm at a shooting range does so under supervision as required by s 6B(1) of the Act 50 pu
144(6) Offences relating to the dishonest provision of documents for the certification of firearms safety training courses 20 pu
150(2) Museum firearm rendered permanently incapable of being fired must be presented to police officer for inspection 20 pu
151 Firearms and spare barrels must be numbered when number alloted by the commissioner 20 pu
153(1) Person under 14 years of age must not acquire, supply, use or possess a spear gun 10 pu
153(3) Supply of a spear gun to a person under 14 years of age 20 pu
155 Offence of trespassing on a shooting range 50 pu