Firearms Act 1973 (WA)

Western Australia Firearms Act 1973 Western Australia Firearms Act 1973 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 4. Terms used 1 4A. Possession of firearms and other things 1 5. Administration 1 5A. Delegation of Commissioner's powers 1 6. Prohibition 1 7. Governor may order delivery of firearms by dealers and manufacturers in cases of emergency 1 Part 2 — Licences, permits and approvals Division 1 — General matters 8. Exemptions from licensing requirements 1 9. Licences, permits, approvals not transferable 1 9A. Duration and renewal of licences 1 Division 2 — Requirements and restrictions 10. Minimum age of licensee or permit holder 1 10A. Training courses 1 11. Exercise of Commissioner's discretion 1 11A. Genuine reason required in all cases 1 11B. Genuine need required in some cases 1 11C. Other restrictions 1 12. Unsafe or unserviceable firearms or major firearm parts 1 Division 3 — Firearm collections and accredited societies of collectors 15. Firearm collections 1 15A. Accredited societies of collectors 1 15B. Information from accredited society of collectors 1 Division 4 — Categories of licences 16. Overview of Division 1 16A. Firearm Licence 1 16B. Approval in relation to replacement or additional major firearm parts 1 16C. Firearm Collector's Licence 1 16D. Corporate Licence 1 16E. Approval for holder of Corporate Licence to possess replacement or additional major firearm parts 1 16F. Dealer's Licence 1 16G. Repairer's Licence 1 16H. Manufacturer's Licence 1 16I. Approval for certain licence holders to deal in, repair or manufacture prohibited firearm accessory 1 16J. Approval for certain licence holders and other persons to create, develop and be in possession of firearms technology 1 16K. Shooting Gallery Licence 1 16L. Ammunition Collector's Licence 1 Division 5 — Categories of permits and other approvals 17. Temporary permits 1 17A. Interstate group permits 1 17B. Minister may authorise agriculture inspector to possess, carry and use sound suppressors 1 Division 6 — Licensing procedure 18. Licensing procedure 1 Division 7 — Offences in relation to licences, permits and approvals 19. Licensing offences 1 19AA. Certain offences of lesser severity 1 19A. Infringement notice 1 Division 8 — Revocation, cancellation and other matters 20. Revocation, cancellation, refusal to renew and variation 1 21. Restrictions, limitations and conditions 1 Division 9 — Conduct of business 21A. Supervision and management 1 21B. Liability for certain offences 1 21C. Liability of officers for offence by body corporate 1 Part 3 — Review of decisions 22. Reviews by State Administrative Tribunal 1 22AA. Appeals and references to Supreme Court under State Administrative Tribunal Act 2004 1 Part 4 — Extracts of Licences 22A. Firearms Act Extract of Licence 1 22B. Return of Extract of Licence 1 22C. Offences relating to Extract of Licence, licences, permits, approvals or authorisations 1 Part 5 — Offences Division 1 — General offences 23. General offences 1 Division 2 — Offences relating to prohibited firearm accessories 23AA. Acquisition, sale, possession or use of prohibited firearm accessories 1 23AB. Approval to acquire, sell, possess or use prohibited firearm accessories 1 Division 3 — Offences relating to manufacture, repair and dealing in firearms and other things 23AC. Unauthorised manufacture of firearms and other things 1 23AD. Unauthorised repair of firearms and other things 1 23AE. Unauthorised dealing in firearms and other things 1 23AF. Participating in unauthorised manufacture, repair or dealing in firearms and other things 1 Division 4 — Offences relating to firearms technology 23AG. Firearms technology 1 23AH. Unauthorised possession of firearms technology 1 23AI. Unauthorised creation or development of firearms technology 1 23AJ. Unauthorised dissemination of firearms technology 1 23AK. Exceptions to s. 23AH, 23AI and 23AJ 1 Division 5 — Limitation periods 23A. Limitation periods 1 Part 6 — Disclosure of information under this Act and other matters 23B. Disclosure by health professionals of certain information 1 23BA. Disclosure of certain information by approved club and organisation members 1 23C. Persons concerned in commission of offences 1 Part 7 — Enforcement Division 1 — General enforcement matters 24. Powers of police 1 25. Constructive possession 1 26. Search warrant 1 Division 2 — Enforcement powers relating to firearms prohibition orders 26A. Additional police powers in relation to firearms prohibition orders 1 26B. Use of force when exercising powers under this Division 1 26C. Entry to and search of places and vehicles in relation to firearms prohibition orders 1 26D. Search of persons subject to firearms prohibition orders and certain other persons 1 26E. Seizure of things not immediately surrendered under s. 29I 1 Division 3 — Powers of the court and other matters 27A. Disqualification by court imposing violence restraining order 1 28. Court may order forfeiture on conviction of offender 1 29. Evidence 1 Part 8 — Firearms prohibition orders Division 1 — Making of firearms prohibition order and other matters 29A. Commissioner may make firearms prohibition order 1 29B. Form and content of firearms prohibition order 1 29C. Service of firearms prohibition order 1 29D. Powers to request particulars and detain for purposes of service 1 29E. Offences for failing to comply with directions under s. 29D 1 29F. Proof of service of firearms prohibition order 1 29G. Commencement and duration of firearms prohibition order 1 29H. Revocation of licences, permits, approvals and authorisations of prohibited persons 1 Division 2 — Offences relating to firearms prohibition orders 29I. Failure to surrender firearms and other things when firearms prohibition order served 1 29J. Prohibition on prohibited persons acquiring, possessing or using firearms and other things 1 29K. Prohibition on prohibited persons entering, or remaining or residing at, certain places 1 29L. Prohibition on prohibited persons associating with persons in possession of firearms and other things 1 29M. Prohibition on giving possession of firearms and other things to prohibited persons 1 29N. Prohibited person to notify change of address 1 29O. Recognition of firearms prohibition orders of other jurisdictions 1 Part 9 — Sale, destruction of firearms and other matters 30. Ammunition sales 1 30A. Sale and disposal of firearms and major firearm parts 1 30B. Loss, theft, destruction, or disposal out of State, to be reported 1 31. Records 1 32. Safe keeping by traders 1 33. Dealing with things in possession of Police Force under this Act 1 33A. Surrender of things to Commissioner 1 33B. Amnesty for things surrendered to Commissioner 1 33C. Licensing, sale and disposal of surrendered firearms, major firearm parts and ammunition 1 34. Regulations 1 35. Review by Minister 1 Part 10 — Transitional provisions for Firearms Amendment Act 2022 36. Licences under repealed s. 16 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Firearms Act 1973 An Act to make provision for the control and regulation of firearms and ammunition, the licensing of persons possessing, using, dealing with, or manufacturing firearms and ammunition, the repeal of the Firearms and Guns Act 1931 1, and for incidental and other purposes.