Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Firearms Act 1996—additional amendments
(see s 3)
[1.1] Section 4 , definition of approved club
substitute
"approved", for a collectors, hunting or shooting club, means a club of that kind approved under section 15.
"approved club" means a collectors, hunting or shooting club approved under section 15.
[1.2] Section 4 , definition of approved range
substitute
"approved shooting range" means a range approved by the registrar under section 14 (2).
[1.3] Section 4 , definition of prohibited firearm , new note
insert
Note A prohibited pistol is not a prohibited firearm.
insert
4CA Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 16 (Unauthorised possession or use of firearms prohibited)
• s 84A (Unauthorised manufacture of firearms)
• s 98 (5) (Sale and purchase of ammunition).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
omit
an approved range
substitute
an approved shooting range
substitute
(e) for the purpose of exercising the person's functions as an authorised instructor on premises owned or used by an approved club or at an approved shooting range.
[1.7] Section 14 (2)
omit
a range
substitute
a shooting range
[1.8] Section 23 (4), table, item 2, column 2
omit
recreational hunting/vermin control
substitute
recreational hunting or vermin control
[1.9] Section 23 (4), table, item 2, column 3
omit
approved club
substitute
approved hunting club
[1.10] Section 23 (4), table, item 2, column 3
omit
principal objects
substitute
main objects
[1.11] Section 31 (1) (b)
substitute
(b) the firearm to which the application relates is a pistol of not more than 11.43mm calibre that is not fully automatic or capable of conversion to being fully automatic; and
Note A 11.43mm calibre pistol includes a 0.45 inch calibre pistol.
substitute
(c) be a member of an approved shooting club.
omit
a shooting range owned or occupied by that or any other approved club
substitute
an approved shooting range owned or used by that or another approved club
omit
a shooting range owned or occupied
substitute
an approved shooting range owned or used
substitute
(5) An authorised member of an approved club must not sell ammunition to someone else (the "purchaser") unless—
(a) the sale takes place on premises owned or used by the club; and
(b) the purchaser, at the time of sale, is at the club for the purpose of taking part in a competition or activity conducted by or in association with the club; and
(c) the ammunition is of a kind that can be discharged from—
(i) a firearm stated or endorsed on the purchaser's licence; or
(ii) a firearm being used by the purchaser in a competition or activity conducted by or in association with the club.
Maximum penalty: 50 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
before section 113 (a), insert
(aa) refusing to approve a club, or revoking the approval of a club, under section 15; or
substitute
(d) cancelling a licence under section 39 (2), 41 (1A) or (2) or 121 (2); or
substitute
(f) refusing to issue a permit under section 46 or section 48 (3) or (4); or
renumber paragraphs when Act next republished under Legislation Act
substitute
(a) for a decision referred to in section 113 (aa) or (a)—to the applicant; and
after schedule heading, insert
Note The possession or use of firearms authorised by a licence is subject to the regulations, see s 17 (4).