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. 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 possession 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) | Permit holder fail to comply with conditions of a permit | 50 pu |
| 27(1), (2) | Where licence or permit is held by a government agency, fail to notify of cessation of employment/unauthorised retention of firearm after cessation of employment | 50 pu |
| 27(9) | Governmental agency employee fail to undertake annual continuing firearms training courses | 20 pu |
| 30(4) | Fail to produce on demand evidence of permission to shoot on rural land | 20 pu |
| 32 | Hunting club member fail to produce on demand evidence of permission to shoot on rural land | 20 pu |
| 37 | Licensee fail to make arrangements for s 19(2)(c) inspection of firearms | 50 pu |
| 40(3) | Theatrical armourer not complete approved form of register and produce to police officer when required | 50 pu |
| 43 | Licensed firearm dealer not obtain and maintain public liability insurance for an amount of at least $10,000,000 | 50 pu |
| 47 | Licensed firearm dealer not store ammunition in a restricted area not easily accessible by the public | 50 pu |
| 48 | Licensee fail to check all firearms on arrival | 50 pu |
| 49(2) | Licensee fail to make firearms available for inspection | 50 pu |
| 50 | Licensed dealer fail to display firearms dealer licence number in all advertising | 50 pu |
| 51 | Licensed dealer not notify Commissioner of un-numbered firearm/barrel within 7 days | 50 pu |
| 52 | Not notify of death of a licensed firearms dealer | 50 pu |
| 60(7)(c) | Permit for the use of firearms in film/television/theatrical productions not 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(1) | Armed security guards: not return firearms at the end of any period of duty | 50 pu |
| 87 | Employers of security guards: not keep register and produce to police officer on request | 50 pu |
| 88 | Employers of security guards: maintenance of firearms | 50 pu |
| 89(2), (3) | Employers and security guards fail 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 | Fail to prevent shooting club members convicted of disqualifying offences referred to in cl 5(1) from taking part in club activities involving possession/use of firearms | 50 pu |
| 103 | Shooting club member fail to notify their club in writing of any change in personal details | 20 pu |
| 120 | Fail to notify Commissioner of change in residency to another State or Territory | 20 pu |
| 129(5) | Range official/instructor not 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) | Club/range official/instructor not ensure that 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 not presented to police officer for inspection | 20 pu |
| 151(3) | Possess firearm/spare barrell not stamped or engraved with allotted number | 20 pu |
| 153(1) | Person under 14 years of age acquire, supply, use or possess a spear gun | 10 pu |
| 153(3) | Supply spear gun to a person under 14 years of age | 20 pu |
| 155 | Tresspass on a shooting range | 50 pu |