Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 12 Transitional provisions
129 Meaning of amnesty period for pt 12
In this part:
"amnesty period" means the period after 30 June 2003 and before 1 January 2004.
130 Existing approved clubs
(1) A declaration under section 15 that is in force immediately before the commencement of this section is taken, after the commencement, to be—
(a) for an approved club the main objects of which are to conduct recreational hunting activities—the approval of the club as an approved hunting club; and
(b) for an approved club that conducts firearms competitions at an approved range—the approval of the club as an approved shooting club.
(2) An approval of a collectors club or association for section 28 (a) (Collectors licence—restrictions on issue) that is in force immediately before the commencement of this section continues in force after the commencement as if the club or association were approved under section 15 as an approved collectors club.
131 Unlicensed target pistol shooters—members of approved shooting clubs
(1) This section applies to a person—
(a) who has never held a category H licence; and
(b) who was immediately before 1 July 2003 a member of an approved shooting club; and
(c) whose membership involves the use of a pistol for sport or target shooting; and
(d) who is issued a category H licence for the genuine reason of sport or target shooting during the amnesty period.
(2) If the club certifies to the registrar that the person began to take part in club activities that involved the use of pistols on a stated date, section 36A (Special conditions for category H licences for sporting or target shooting) applies to the person—
(a) as if the first 6-month period (the deemed period ) mentioned in section 36A (2) had begun on that date; and
(b) if, after the end of the deemed period, the club certifies to the registrar that the person has complied with the conditions mentioned in section 36A (2)—the second 6-month period mentioned in section 36A (3) begins or began immediately after the end of the deemed period.
132 Temporary amnesty for possession of prohibited pistols by licensed target pistol shooters
(1) This section applies to a person if—
(a) the person acquired a prohibited pistol before 1 July 2003; and
(b) the person is the holder of a category H licence issued for the genuine reason of sport or target shooting; and
(c) the licence authorises the person to possess the pistol; and
(d) the pistol is registered; and
(e) the person is not authorised by the regulations, regulation 8A (Authorised possession or use of prohibited pistols for sport or target shooting—Act, sch 2, item 5, col 4) to possess the pistol.
(2) The person does not commit an offence against section 16 (Unauthorised possession or use of firearms prohibited) in relation to the possession of the pistol during the amnesty period.
(3) To remove any doubt, this section does not authorise the person to use the pistol.
133 Temporary amnesty for possession of post-1946 pistols by licensed collectors
(1) This section applies to a person if—
(a) the person acquired a post-1946 pistol before 1 July 2003; and
(b) the person is the holder of a collectors licence authorising the person to possess the pistol; and
(c) the pistol is registered.
(2) The person does not commit an offence against section 16 (Unauthorised possession or use of firearms prohibited) in relation to the possession of the pistol after 30 June 2003 and before 1 July 2004.
Note This section allows a licensed collector to meet the minimum 1 year approved collectors club membership requirement under s 23 (4), table, item 8.1 (a).
(3) To remove any doubt, this section does not authorise the person to use or display a post-1946 pistol.
(4) In this section:
post-1946 pistol means a pistol manufactured after 1946.
134 Temporary licensing and registration amnesty for pre-1900 percussion pistols
(1) This section applies to a person who acquired a pre-1900 percussion pistol before 1 July 2003.
(2) The person is, during the amnesty period, exempt from a requirement under this Act—
(a) to hold a licence or permit authorising possession of the pistol; and
(b) for the pistol to be registered.
(3) To remove any doubt, this section does not authorise the person to use a pre-1900 percussion pistol.
(4) In this section:
pre-1900 percussion pistol means a percussion-fired pistol manufactured before 1 January 1900.
135 Compensation for surrendered prohibited pistols—licensed pistol shooters
(1) This section applies to a person if—
(a) the person acquired a prohibited pistol before 1 July 2003; and
(b) the person is the holder of a category H licence issued for the genuine reason of sport or target shooting; and
(c) the licence authorises the person to possess or use the pistol; and
(d) the pistol is registered; and
(e) because of the making of the Firearms (Prohibited Pistols) Amendment Act 2003 , the person either—
(i) ceases to have a genuine reason for possessing or using the pistol; or
(ii) ceases to be authorised under this Act to possess or use the pistol; and
(f) the person surrenders the pistol to a police officer during the amnesty period.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
(2) The person is entitled to the compensation prescribed under the regulations for the pistol.
136 Compensation for surrendered prohibited pistols—licensed firearms dealers
A licensed firearms dealer is entitled to the compensation prescribed under the regulations for a prohibited pistol if—
(a) the dealer acquired or ordered the pistol before 20 December 2002; and
(b) the dealer surrenders the pistol to a police officer during the amnesty period.
137 Compensation and mandatory licence disqualification—licensed pistol shooters withdrawing from pistol shooting
(1) This section applies to a person if—
(a) the person is the holder of a category H licence issued for the genuine reason of sport or target shooting; and
(b) the person cannot comply with the applicable minimum participation rate mentioned in the Firearms Regulations 1997 , regulation 4A (2), table of shooting club participation rates because of the making of the Firearms (Prohibited Pistols) Amendment Act 2003 ; and
(c) during the amnesty period the person surrenders to a police officer—
(i) the licence; and
(ii) all registered pistols that the person is authorised to possess under the licence.
(2) The person is entitled to the compensation prescribed under the regulations for the pistols.
(3) The licence (and any other licence that authorises the person to possess a pistol for the genuine reason of sport or target shooting) is automatically cancelled on the surrender of the licence.
(4) The registrar must not issue to the person a category H licence for the genuine reason of sport or target shooting during the period of 5 years beginning on the day after the day the person complied with subsection (1) (c).
(5) This section expires on 1 January 2009.
138 Compensation for surrendered post-1946 pistols—licensed collectors not authorised to possess pistols
(1) This section applies to a person if—
(a) the person acquired a post-1946 pistol before 1 July 2003; and
(b) the person was, immediately before 1 July 2003, the holder of a collectors licence that authorised the person to possess the pistol; and
(c) the pistol is registered; and
(d) the person ceases to be authorised under this Act to possess the pistol because of the making of the Firearms (Prohibited Pistols) Amendment Act 2003 ; and
(e) the person surrenders the pistol to a police officer during the amnesty period.
(2) The person is entitled to the compensation prescribed under the regulations for the pistol.
(3) In this section:
post-1946 pistol means a pistol manufactured after 1946.
139 Regulations to prescribe compensation for parts etc of surrendered pistols
(1) This section applies in relation to parts, accessories and ammunition for a pistol for which a person is entitled under this part to be paid compensation.
(2) The regulations must provide for the payment of compensation to the person for the parts, accessories and ammunition surrendered by the person to a police officer during the amnesty period.
(3) For subsection (2), the regulations may prescribe—
(a) the parts, accessories and ammunition for which the compensation is, or is not, payable; and
(b) the circumstances in which the compensation is, or is not, payable; and
(c) the amount of the compensation or how the amount of compensation is to be worked out.
140 Regulations to prescribe valuation dispute resolution procedure
The regulations must provide a procedure for resolving disputes about the value of pistols, and parts, accessories and ammunition for pistols, surrendered by a person to a police officer for which the person is entitled under this part to be paid compensation.
141 Regulations modifying pt 12
The regulations may modify the operation of this part to make provision in relation to any matter that is not, or is not in the Executive's opinion adequately, dealt with in this part.
142 Expiry of transitional provisions
Sections 129 to 136, 138 to 141 and this section expire on 1 July 2004.