Firearms Regulations 2017 (SA)

South Australia Firearms Regulations 2017 under the Firearms Act 2015

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Certain articles excluded from definition of ammunition 4 Certain devices declared to be firearms 5 Certain devices excluded from definition of firearm 6 Prohibited firearm accessories 7 Prescribed firearms 8 Firearms not within the definition of handgun 8A Definition of paint‑ball firearm to include gel blasters 9 Categories of firearms expanded to include imitation firearms 10 Prescribed offences—fit and proper person 11 Prescribed offences—possession and use of firearms—aggravated offence 12 Prescribed offences—disqualification of employment of person by licensed dealer Part 2—Licences Division 1—Licence categories 13 Licence categories Division 2—Special provisions relating to licence categories 14 Category 1 (shooting club) licences 15 Category 2 (target shooting) licences 16 Category 3 (hunting) licences 17 Category 4 (paint‑ball shooting) licences 18 Category 5 (primary production) licences 19 Category 6 (security guard) licences 20 Category 7 (contract shooter) licences 21 Category 8 (commercial range) licences 22 Category 9 (shooting gallery) licences 23 Category 10 (collector) licences 24 Category 11 (dealer) licences 25 Category 12 (miscellaneous) licences Division 3—Grant and term of licence 26 Prescribed offences—grant of firearms licence 27 Term of licence Division 4—Qualifications to hold licence 28 Training and examinations 29 Instructors and examiners Division 5—Company Nominees 30 Application for approval of nominees of licensed companies 31 Revocation of approval 32 Records to be kept by company nominee 33 Registrar to be notified of change of address Division 6—General provisions relating to licences 34 Registrar to be notified of change of address etc 35 Duty to carry licence 36 Return of licence to Registrar 37 Replacement of licence 38 Licences granted to natural persons to include photographs Part 3—Exemptions and permits Division 1—Exemptions 39 Exemptions for persons visiting or moving to South Australia 40 Further exemptions from requirement to hold firearms licence 41 Exemption relating to employment of persons by licensed dealers 42 Exemption in relation to gas cylinders 43 Exemption from certain provisions of Act for collectors of Very pistols 44 Exempt firearms Division 2—Permits 45 International visitor firearms permits (section 8(2)(a) of Act) 46 Foreign theatrical armourer permits (section 8(2)(b) of Act) 47 Foreign firearms dealer permits (section 8(2)(c) of Act) 48 Keeping and provision of records by holder of foreign firearms dealer permit 49 Firearm refurbishment permits (section 8(2)(d) of Act) 50 Return of permit to Registrar Part 4—Acquisition, supply and transfer of possession of firearms 51 Prescribed process for acquisition of firearm 52 Retention and production of written loan or hire agreements for acquisition of firearms (other than from licensed dealers) 53 Requirements in relation to supply of firearm by licensed dealer (section 22(9) of Act) 54 Licensed dealer records and returns relating to firearms and ammunition 55 Requirements relating to agreements for hire of firearms made with licensed dealers 56 Return of permit to Registrar 57 Transfer of possession of firearms Part 5—Registration of firearms 58 Registration of firearms—Application of Part 4 of Act 59 Registration 60 Certificate of registration 61 Registrar to be notified of certain events relating to registered firearms Part 6—Possession of ammunition 62 Restriction on possession of certain ammunition 63 Return of permit to Registrar Part 7—Security of firearms and ammunition 64 Code of practice Part 8—Prohibited practices relating to firearms and ammunition 65 Alteration of firearms 66 Possession of sound moderators by licensed dealers for purpose of business of dealer 67 Conditions of approvals imposed by Registrar relating to sound moderators and restricted firearm mechanisms 68 Assembly of ammunition Part 9—Firearms clubs, commercial range operators and paint‑ball operators Division 1—Firearms clubs 69 Recognition of firearms clubs 70 Approval of grounds of recognised firearms clubs 71 Breach of conditions of approval of grounds of recognised firearms club 72 Certificate of recognition of club 73 Registrar to be notified of certain changes 74 Acceptance of new members 75 Records to be kept by clubs 76 Registrar to be notified of change in membership Division 2—Commercial range operators 77 Recognition of commercial range operators 78 Approval of ranges of recognised commercial range operators 79 Breach of conditions of approval of range of recognised commercial range operator 80 Certificate of recognition of commercial range operator 81 Registrar to be notified of certain changes 82 Employees engaged in business of recognised commercial range operator Division 3—Paint‑ball operators 83 Recognition of paint‑ball operators 84 Approval of grounds of recognised paint‑ball operators 85 Breach of conditions of approval of grounds of recognised paint‑ball operator 86 Certificate of recognition of recognised paint‑ball operator 87 Registrar to be notified of certain changes 88 Accreditation of paint‑ball employees 89 Training of accredited paint‑ball employees 90 Employment of persons by recognised paint‑ball operators Part 10—Reviews by Tribunal 91 Reviewable decision Part 11—Mandatory reporting and other obligations 92 Report of unsafe situations in relation to place where firearm kept 93 Report of failure to secure firearms, ammunition, sound moderators and restricted firearm mechanisms 94 Clubs and commercial range and paint‑ball operators to report unsafe situations associated with firearms 95 Clubs to expel certain persons from membership 96 Medical practitioners, employers etc to report unsafe situations associated with firearms 97 Obligations of medical practitioners in relation to wounds inflicted by firearms Part 12—Miscellaneous 98 Possession of certain firearms and ammunition at arms fairs 99 Register of firearms prohibition orders 100 Prescribed health professional 101 Advertising firearms for sale 102 Disposal of forfeited or surrendered firearms etc 103 Return or disposal of seized item 103A Notification of loss, theft or destruction of firearm 104 Records and returns 105 Form of applications 105A Fees 106 Transitional provision Schedule 1—Code of Practice for the Security, Storage and Transport of Firearms, Ammunition and Related Items Part 1—Preliminary 1 Short title 2 Interpretation 3 Application 4 Security requirements of code are minimum requirements Part 2—Security and storage of firearms and ammunition etc Division 1—General provisions relating to security of firearms and ammunition etc 5 General duty to prevent loss or theft of firearm and ammunition etc 6 Firearm must not be loaded while stored or displayed 7 Security of keys to safes etc 8 Change of location and manner of storing firearm 9 Written notice of storage of firearms Division 2—Storage of firearms and ammunition etc 10 Storage and security of paint‑ball firearms 11 Storage and security of firearms other than paint‑ball firearms 12 Storage and security of ammunition 13 Storage and security of sound moderators and restricted firearm mechanisms 14 Storage and security of firearms and ammunition in the course of use 15 Storage and security of sound moderators and restricted firearm mechanisms in the course of use Division 3—Licensed dealers 16 Storage and security of paint‑ball firearms by licensed dealers 17 Storage and security of firearms other than paint‑ball firearms by licensed dealers 18 Storage and security of ammunition by dealers 19 Storage and security of sound moderators by dealers 20 Security of premises of licensed dealer dealing in firearms 21 Security of premises of licensed dealer dealing in ammunition only Division 4—Display of firearms, firearm parts or ammunition at arms fair 22 Display of firearms, firearm parts or ammunition at arms fair Division 5—Shared use of safes and strongrooms by persons residing at or occupying same premises 23 Shared use of safes and strongrooms by persons residing at or occupying same premises Division 6—Persons who carry on business of storing goods 24 Commercial storage of firearms and ammunition Part 3—Transport of firearms and ammunition 25 General duty to prevent loss or theft of firearm or ammunition while being transported 26 Security of firearms and ammunition while being transported 27 Firearm must not be loaded while transported 28 Firearms not to be left unattended in vehicle etc 29 Commercial transport of firearms and ammunition Part 4—Transitional Provisions 30 Interpretation 31 Transitional provisions Schedule 2—Prescribed offences Part 1—Prescribed offences—fit and proper person (section 7(3)(d) of Act) 1 Prescribed offences—fit and proper person Part 2—Prescribed offences—possession and use of firearms—aggravated offence (section 9(7)(c) of Act) 2 Prescribed offences—possession and use of firearms—aggravated offence Part 3—Prescribed offences—disqualification of employment of person by licensed dealer (section 11(7)(c)(iii) of Act) 3 Prescribed offences—disqualification of employment of person by licensed dealer Part 4—Prescribed offences—grant of firearms licence (section 15(5) of Act) 4 Prescribed offences—grant of firearms licence Legislative history