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FIREARMS (PROHIBITED PISTOLS) AMENDMENT ACT 2003 (NO. 31 OF 2003) - SCHEDULE 1

Schedule 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.

[1.4]     New section 4CA

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.

[1.5]     Section 6A (b)

omit

an approved range

substitute

an approved shooting range

[1.6]     Section 6A (e)

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.

[1.12]     Section 49 (2) (c)

substitute

        (c)     be a member of an approved shooting club.

[1.13]     Section 59 (c)

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

[1.14]     Section 81 (2)

omit

a shooting range owned or occupied

substitute

an approved shooting range owned or used

[1.15]     Section 98 (5)

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.

[1.16]     New section 113 (aa)

before section 113 (a), insert

        (aa)     refusing to approve a club, or revoking the approval of a club, under section 15; or

[1.17]     Section 113 (d)

substitute

        (d)     cancelling a licence under section 39 (2), 41 (1A) or (2) or 121 (2); or

[1.18]     Section 113 (f)

substitute

        (f)     refusing to issue a permit under section 46 or section 48 (3) or (4); or

[1.19]     Section 113

renumber paragraphs when Act next republished under Legislation Act

[1.20]     Section 114 (1) (a)

substitute

        (a)     for a decision referred to in section 113 (aa) or (a)—to the applicant; and

[1.21]     Schedule 2, new note

after schedule heading, insert

Note     The possession or use of firearms authorised by a licence is subject to the regulations, see s 17 (4).



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