Firearms Act 1996
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 |