Division 1 Requirement for licence or permit
7 Offence of unauthorised possession or use of prohibited firearms or pistols
(cf 1989 Act s 5, APMC 3)
(1) A person must not possess or use a prohibited firearm or pistol unless the person is authorised to do so by a licence or permit.Maximum penalty: imprisonment for 14 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:(a) uses a prohibited firearm or pistol for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the prohibited firearm or pistol, or(b) contravenes any condition of the licence.(3) If, on the trial for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 7A, it may find the person not guilty of the offence but guilty of an offence under section 7A, and the accused is liable to punishment accordingly.
7A Offence of unauthorised possession or use of firearms generally
(1) A person must not possess or use a firearm unless the person is authorised to do so by a licence or permit.Maximum penalty: imprisonment for 5 years.
(2) Without limiting the operation of subsection (1), a person who is the holder of a licence is guilty of an offence under this section if the person:(a) uses a firearm for any purpose otherwise than in connection with the purpose established by the person as being the genuine reason for possessing or using the firearm, or(b) contravenes any condition of the licence.
8 Licence categories and authority conferred by licence
(cf 1989 Act s 21, APMC 1, 3, 4)
(1) The categories of licences, the firearms to which they apply, and the authority they confer, are as follows:Category A licenceFirearms to which the licence applies:• air rifles• rimfire rifles (other than self-loading),• shotguns (other than pump action or self-loading)• shotgun/rimfire rifle combinations.All prohibited firearms are excluded from this licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.Category B licenceFirearms to which the licence applies:• muzzle-loading firearms (other than pistols)• centre-fire rifles (other than self-loading)• shotgun/centre-fire rifle combinations.All prohibited firearms are excluded from this licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm of the kind to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.Category C licence (prohibited except for limited purposes)Firearms to which the licence applies:• self-loading rimfire rifles with a magazine capacity of no more than 10 rounds• self-loading shotguns with a magazine capacity of no more than 5 rounds• pump action shotguns with a magazine capacity of no more than 5 rounds.Any firearm referred to in item 6, 10 or 11 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.
Authority conferred by the licence:
Authorises the licensee (and any employee of the licensee who is eligible to be issued with a licence and who is authorised by the Commissioner in writing, but only while carrying out duties in connection with the licensee’s farming or grazing activities) to possess or use:(a) no more than one registered self-loading rimfire rifle with a magazine capacity of no more than 10 rounds that is specified in the licence, and(b) no more than one registered shotgun to which the licence applies that is specified in the licence,but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm and only on land used for primary production that is owned or occupied by the licensee or that immediately adjoins that land (provided the licensee has the written permission of the owner or occupier of that adjoining primary production land to possess or use the firearm on that land).However, the number of firearms authorised under this licence category may be increased if a special need for more than one such rifle, or for more than one such shotgun, is established by the licensee to the satisfaction of the Commissioner (for example because of the size of the rural property concerned, or because the licensee is involved with more than one rural property).
Category D licence (prohibited except for official purposes)Firearms to which the licence applies:• self-loading centre-fire rifles• self-loading rimfire rifles with a magazine capacity of more than 10 rounds• self-loading shotguns with a magazine capacity of more than 5 rounds• pump action shotguns with a magazine capacity of more than 5 rounds• any firearm to which a category C licence applies.Any firearm referred to in item 5, 6, 9, 10 or 11 of Schedule 1 is excluded from this licence category. The regulations may prescribe certain other firearms (whether being of a general class or whether described specifically) that are excluded from this licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a registered firearm to which the licence applies, but only for the purpose established by the licensee as being the genuine reason for possessing or using the firearm.However, in the case of a licensee who is a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the authority conferred by the licence is restricted as follows:
(a) the licensee is authorised to possess or use no more than one registered firearm to which the licence applies,(b) the licensee is authorised to use the firearm only on the rural property specified in the licence.Category H licence (pistols)Firearms to which the licence applies:• pistols (including blank fire pistols and air pistols).Prohibited firearms are excluded from this licence category.
Authority conferred by the licence:
The licensee is authorised to possess or use a registered pistol, but only for the purpose established by the licensee as being the genuine reason for having the licence.In the case of a category H (sport/target shooting) licence, the licensee is authorised to possess or use a registered pistol only for the purposes of participating in competitive shooting activities that are approved by the Commissioner.
A category H (sport/target shooting) licence does not authorise the possession or use of a prohibited pistol.
Despite the provisions referred to above in relation to this licence category, a category H licence authorises the possession or use of an antique revolver within the meaning of section 6A. However, a category H (sport/target shooting) licence does not authorise the possession or use of any such antique revolver that is a prohibited pistol.
Firearms dealer licenceFirearms to which the licence applies:• the kinds of firearms specified in the licence.Authority conferred by the licence:
In the case of a firearms dealer other than a club armourer or a theatrical armourer, authorises the licensee and (subject to the conditions of the licence and the regulations):(a) employees or directors of the corporation specified in the licence, or(b) employees of the partnership so specified, or(c) employees of the individual so specified,who are eligible to be issued with a licence and who are authorised in writing by the Commissioner, to possess, manufacture, convert, purchase, sell, transfer, repair, maintain or test, in the course of carrying on the business of a firearms dealer, and only at the premises specified in the licence, any firearm to which the licence applies, and to possess, manufacture, purchase or sell ammunition for those firearms.In the case of a club armourer, authorises the licensee to possess, manufacture, convert, purchase, sell, transfer, repair, maintain or test in the licensee’s capacity as a club armourer, and only at the premises specified in the licence, the firearms to which the licence applies, and to possess, manufacture, purchase or sell ammunition for those firearms.
The authority conferred by a firearms dealer licence issued to a club armourer is restricted to carrying out the person’s duties as club armourer for the club concerned.
In the case of a theatrical armourer, authorises the licensee to possess, use, manufacture, convert, purchase, sell, transfer, supply, repair, maintain or test firearms (and blank cartridges for those firearms) in the licensee’s capacity as a theatrical armourer.
The authority conferred by a firearms dealer licence issued to a theatrical armourer extends to any employee of the licensee who is authorised in writing by the Commissioner.
Firearms collector licenceFirearms to which the licence applies:• the kinds of firearms specified in the licence.Except as otherwise provided by this Act, post-1946 pistols are excluded from this licence category.
Any prohibited firearm (other than those firearms to which a category C licence or category D licence applies) is excluded from this licence category.
Authority conferred by the licence:
The licensee is authorised to possess the firearms to which the licence applies for the purpose of a firearms collection.(2) The regulations may prescribe sub-categories in respect of category H licences and firearms dealer licences, and specify the authority conferred by each such sub-category.(3) The authority conferred by a licence is subject to this Act and the regulations.
9 Authority conferred by licence—additional matters
(cf 1989 Act s 21 (2), APMC 1 (b), 3, 4)
(1) A licence that authorises the licensee to have possession of a firearm also authorises the licensee to have possession of the firearm while:(a) taking it to a licensed firearms dealer for the purpose of:(i) selling it, or(ii) having it converted, maintained, tested or repaired and subsequently recovering it from the dealer, and(b) taking it to a police officer for the purpose of having it inspected and subsequently recovering it from a police officer, and(c) taking it to a police officer for the purpose of surrendering it.(2) Subject to the regulations and except as provided by section 17A, a category C or category D licence does not authorise the possession or use of a prohibited firearm for the purposes of any shooting competition.(3) A firearms collector licence does not authorise the possession of ammunition for any firearm that is part of the firearms collection to which the licence relates.
(cf 1989 Act s 23, APMC 4, 5)
(1) An application for a licence must be made in the manner, and be accompanied by the fee, prescribed by the regulations.(2) An applicant for a licence must:(a) if the applicant is a natural person, be of or above the age of 18, and(b) provide proof of the applicant’s identity in accordance with the requirements under the Financial Transaction Reports Act 1988 of the Commonwealth that apply in respect of the opening of a bank account, and(c) provide such other particulars or documents as may be prescribed by the regulations.(3) An applicant, at the time of applying for a licence, is to be provided with the following:(a) information concerning any firearms safety training course that is required by the regulations to be completed by the applicant,(b) information concerning the firearm storage and safety requirements under this Act.Note. Only persons of or above the age of 18 can apply for (and be issued with) a licence. However under section 32, minor’s firearms permits are available for certain minors (ie persons under 18 but who are of or above the age prescribed by the regulations). These permits authorise minors to possess and use firearms, under the supervision of a licence holder, for the purpose of receiving safe instruction in the use of firearms, and for competing in shooting events in the case of a minor’s target pistol permit.
11 General restrictions on issue of licences
(cf 1989 Act s 25, APMC 4, 5, 6)
(1) The Commissioner may issue a licence in respect of an application, or refuse any such application.(2) A licence must not be issued until after the end of the period of 28 days following the day on which the application is made.(2A) Subsection (2) does not apply if the application is for the renewal of a licence (including the renewal of a category A or B licence that involves the addition of either of those licence categories to the previous licence).(3) A licence must not be issued unless:(a) the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace, and(b) in the case of a person who has never held a licence (including a firearms licence under a previous Act), the applicant has completed, to the satisfaction of the Commissioner, such firearms training and safety courses as are prescribed by the regulations in respect of the licence concerned, and(c) the Commissioner is satisfied that the storage and safety requirements set out in Part 4 are capable of being met by the applicant, and(d) the Commissioner is satisfied that the person to whom the licence is to be issued is a resident of this State or is about to become a resident of this State.(3A) Despite subsection (3) (b), the Commissioner may require an applicant for a licence to complete such firearms training and safety courses as are approved by the Commissioner in relation to the category of licence concerned.(4) Without limiting the generality of subsection (3) (a), a licence must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:(a) the applicant’s way of living or domestic circumstances, or(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or(c) the applicant’s intemperate habits or being of unsound mind.(5) A licence must not be issued to a person who:(a) is under the age of 18, or(b) has, within the period of 10 years before the application for the licence was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or(c) is subject to an apprehended violence order or who has, at any time within 10 years before the application for the licence was made, been subject to such an order (other than an order that has been revoked), or(d) is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or(e) is subject to a firearms prohibition order.(5A) A licence must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that:(a) the person is a risk to public safety, and(b) the issuing of the licence would be contrary to the public interest.(5B) The Commissioner is not, under this or any other Act or law, required to give any reasons for not issuing a licence on the grounds referred to in subsection (5A).(6) Except in the case of a firearms dealer licence or where the applicant’s genuine reason is business or employment, a licence must not be issued to a person who is not a natural person.(7) Despite any other provision of this section, the Commissioner may refuse to issue a licence if the Commissioner considers that issue of the licence would be contrary to the public interest.(8) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a licence.
12 Genuine reasons for having a licence
(cf APMC 3, 1990 Reg cl 22A)
(1) The Commissioner must not issue a licence that authorises the possession and use of a firearm unless the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm.(2) An applicant does not have a genuine reason for possessing or using a firearm if the applicant intends to possess or use the firearm for any of the following reasons:(a) personal protection or the protection of any other person,(b) the protection of property (other than in circumstances constituting a genuine reason as set out in the Table to this section).(3) Subsection (2) does not limit the reasons which the Commissioner may be satisfied are not genuine reasons for the purposes of justifying the possession or use of a firearm.(4) Subject to this Act, an applicant for a licence has a genuine reason for possessing or using a firearm if the applicant:(a) states that he or she intends to possess or use the firearm for any one or more of the reasons set out in the Table to this section, and(b) is able to produce evidence to the Commissioner that he or she satisfies the requirements specified in respect of any such reason.Table
Reason: sport/target shooting
The applicant must be a current member of a shooting club approved by the Commissioner in accordance with the regulations, and which conducts competitions or activities requiring the use of the firearm for which the licence is sought.
Reason: recreational hunting/vermin control
The applicant must:
(a) be the owner or occupier of rural land, or(b) produce proof of permission given by the owner or occupier of rural land, or by an officer of the National Parks and Wildlife Service, the Department of Lands or other authority prescribed by the regulations, to shoot on rural land, or(b1) produce proof of permission given by a land manager within the meaning of the Forestry Act 2012 to shoot on land in respect of which the land manager is authorised to exercise functions as land manager under that Act, or(c) be a current member of a hunting club approved by the Commissioner in accordance with the regulations.The regulations may provide for the manner and form in which any such permission is to be given, the extent to which it operates, and how it is to be produced as evidence by the applicant. A person does not, so long as the person is authorised to give permission to shoot on land referred to in paragraph (b) or (b1), incur any liability merely because the person gives the applicant permission to shoot on the land concerned.
Reason: primary production
The applicant must:
(a) be a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and(b) state that he or she intends to use the firearm solely in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned).Reason: vertebrate pest animal control
The applicant must be:
(a) a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land, or(b) a person employed by or in, or authorised by, a government agency prescribed by the regulations that has functions relating to the control or suppression of vertebrate pest animals, or(c) a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and who is participating in an authorised campaign conducted by or on behalf of a government agency or public authority to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis.Reason: business or employment
The applicant must demonstrate that it is necessary in the conduct of the applicant’s business or employment to possess or use the firearm for which the licence is sought.
Reason: occupational requirements relating to rural purposes
The applicant must be employed or engaged in a rural occupation that requires the possession or use of the firearm for which the licence is sought.
Reason: animal welfare
The applicant must be:
(a) an officer of the RSPCA or the Animal Welfare League who is a special constable, or(b) a veterinary practitioner, or(c) a person who is employed in the Department of Primary Industries or the Livestock Health and Pest Authorities Division of the Government Service and who has responsibility for animal welfare, or(d) an owner, transporter, drover or other handler of animals who may need to destroy animals to avoid suffering.Reason: firearms collection
The applicant must:
(a) be a current member of a collectors’ society or club approved by the Commissioner in accordance with the regulations, and(b) provide a written statement by that collectors’ society or club confirming that the applicant’s firearms collection has a genuine commemorative, historical, thematic or financial value.
13 Category B licences—restrictions on issue
(cf APMC 3 (c))
Subject to the regulations, the Commissioner must not issue a category B licence to any person unless the person, in addition to establishing a genuine reason for being issued with the licence, produces evidence to the satisfaction of the Commissioner that there is a special need for the person to possess or use a firearm to which licence category B applies.
14 Category C licences—restrictions on issue
(cf APMC 3 (c))
Except as provided by section 17A, the Commissioner must not issue a category C licence to any person unless:(a) the genuine reason established by the person for being issued with the licence is primary production (or such other genuine reason as may be prescribed by the regulations), and(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which licence category C applies, and(c) the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A or category B licence).
15 Category D licences—restrictions on issue
(cf APMC 3 (c))
The Commissioner must not issue a category D licence to any person unless:(a) the genuine reason established by the person for being issued with the licence is that of vertebrate pest animal control, and(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a firearm to which a licence category D applies, and(c) in the case of a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control, the person produces evidence to the Commissioner’s satisfaction that any such special need cannot be met by any other means (including by the authority conferred by a category A, category B or category C licence, or by engaging the services of a professional contract shooter).
16 Category H licences—restrictions on issue
(cf APMC 3 (c), 1989 Act s 21 re pistols)
(1) The Commissioner must not issue a category H licence to any person unless:(a) the genuine reason established by the person for being issued with the licence is any one or more of the following:(i) sport/target shooting,(ii) business or employment,(iii) firearms collection, and(b) in addition to establishing any such genuine reason, the person produces evidence to the Commissioner’s satisfaction that there is a special need for the person to possess or use a pistol.(1A) For the purposes of subsection (1), business or employment includes work undertaken voluntarily but only with respect to the static guarding of approved premises.(2) The Commissioner must not issue a category H (sport/target shooting) licence (other than a probationary pistol licence) to a person unless:(a) the person has previously been issued with a probationary pistol licence, and(b) the probationary pistol licence has expired, and(c) the application for the category H (sport/target shooting) licence is supported by a written statement by the secretary or other relevant office holder of the pistol shooting club of which the person is a member confirming that the person has complied with the conditions specified in section 16A (2).(3) Subsection (2) does not apply in relation to a person if the person has previously held a category H (sport/target shooting) licence.(4) The Commissioner must not issue a category H (business/employment) licence (other than a provisional pistol (business/employment) licence) to a person who has never held such a licence unless:(a) the person has previously been issued with a provisional pistol (business/employment) licence, and(b) the provisional pistol (business/employment) licence has expired.(5) The Commissioner must not issue a provisional pistol (business/employment) licence to a person unless:(a) the person indicates that he or she intends to be employed by an approved master licensee specified in the application for the licence for the term of the licence, and(b) the approved master licensee has verified to the satisfaction of the Commissioner that the master licensee intends the employment to continue for the term of the licence.
16A Probationary pistol licences
(1) A category H (sport/target shooting) licence that is issued to a person who has never held such a licence is to be issued as a probationary pistol licence.(2) A probationary pistol licence is subject to the following conditions:(a) for the first 6 months of the term of the licence, the licensee must not possess or use a pistol except:(i) while on the premises of a pistol shooting club and under the supervision of a person who is the holder of a category H (sport/target shooting) licence that is not a probationary pistol licence, and(ii) in connection with the requirement referred to in paragraph (b),(b) the licensee must, by the end of that 6-month period, have completed to the satisfaction of the Commissioner a firearm training and safety training course conducted by the pistol shooting club of which the licensee is a member.(3) If:(a) the holder of a probationary pistol licence applies for a category H (sport/target shooting) licence before the term of the probationary pistol licence expires, and(b) the application has not been dealt with by the time the probationary pistol licence expires,the authority conferred by the probationary pistol licence continues until such time as the person is notified of the issue of, or refusal of, the category H (sport/target shooting) licence.(4) This section does not limit the conditions to which a probationary pistol licence is subject.
16B Special provisions relating to category H (sport/target shooting) licences issued for specialised target pistols
(1) In this section:specialised target pistol means:
(a) a self-loading pistol with a barrel length of less than 120 mm, or(b) a revolver with a barrel length of less than 100 mm,that, in the opinion of the Commissioner, is of a distinctive size or shape and is used in International Shooting Sport Federation competition events, but that is not otherwise a prohibited pistol.(2) The Commissioner may issue a category H (sport/target shooting) licence (referred to in this section as a special pistol licence) authorising a person to possess and use a specialised target pistol for the purposes only of participating in such classes of specialised shooting competitions as may be approved by the Commissioner.(3) For the avoidance of doubt, a special pistol licence is a type of category H (sport/target shooting) licence, and any requirements under this Act or the regulations that apply to or in respect of a category H (sport/target shooting) licence apply to or in respect of a special pistol licence.
16C Provisional pistol (business/employment) licences
(1) A category H (business/employment) licence that is issued to a person who has never held such a licence is to be issued as a provisional pistol (business/employment) licence.(2) Without limiting section 19, a provisional pistol (business/employment) licence is subject to the following conditions:(a) the licensee must, before possessing or using a pistol, complete to the satisfaction of the Commissioner an approved firearms training course conducted by the employer,(b) the licensee must, in addition to the training referred to in paragraph (a), complete:(i) such further training within 3 months of being granted the licence as is determined by the Commissioner, and(ii) such other training as may be required by the Commissioner during the term of the licence,(c) the licensee must hold a class 1F licence issued under section 11 of the Security Industry Act 1997,(d) for the first 6 months of the term of the licence, the licensee must not possess or use a pistol unless the licensee is under the direct supervision of a natural person who has continuously held, for a period of more than 12 months:(i) a category H (business/employment) licence that is not a provisional pistol (business/employment) licence, and(ii) a class 1F licence under the Security Industry Act 1997.Note. The licence may also be subject to other conditions—see section 19.(3) The Commissioner must revoke a provisional pistol (business/employment) licence if the Commissioner is satisfied that the licensee has failed to comply with a condition under this section.(4) If the holder of a provisional pistol (business/employment) licence contravenes the condition referred to in subsection (2) (d), the person who is (at the time of the contravention) the master licensee who is the employer of the licensee is guilty of an offence.Maximum penalty:
(a) in the case of a corporation—200 penalty units, or(b) in the case of an individual—100 penalty units.(5) If:(a) the holder of a provisional pistol (business/employment) licence applies for a category H (business/employment) licence before the term of the provisional pistol (business/employment) licence expires, and(b) the application has not been dealt with by the time the provisional pistol (business/employment) licence expires,the authority conferred by the provisional pistol (business/employment) licence continues until such time as the person is notified of the issue of, or refusal of, the category H (business/employment) licence.(6) A provisional pistol (business/employment) licence is automatically revoked if the licensee ceases to be employed during the term of the licence by the approved master licensee specified in the application for the licence as required by section 16 (5).
(cf APMC 3 (c))
The regulations may specify the sort of evidence that may be produced in order to satisfy the Commissioner of a special need for the purposes of sections 13–16. However, nothing in this section is taken to limit the Commissioner’s discretion in determining whether any such special need has been demonstrated.
17A Special provisions relating to category C licences issued for clay target shooting purposes
(1) The Commissioner may issue a category C licence (referred to in this section as a special category C licence) authorising possession and use of a self-loading or pump action shotgun for the purposes of participating in recognised clay target shooting competitions.(2) The authority conferred by a special category C licence is subject to the following restrictions:(a) the shotgun to which the licence relates must not be loaded at any one time with more than 2 rounds,(b) the shotgun may only be used for shooting at clay targets, and for associated training programs, while on a shooting range that is approved under the regulations.(3) An applicant for a special category C licence must be a person who, immediately before 15 November 1996:(a) was in lawful possession of a self-loading or pump action shotgun used for shooting clay targets, and(b) was a member of a shooting club affiliated with the Australian Clay Target Association.(4) Alternatively, an applicant must provide, to the Commissioner’s satisfaction, a written statement issued on behalf of a shooting club approved by the Commissioner, and which is affiliated with the Australian Clay Target Association (or such other body as may be approved by the Commissioner), to the effect that the applicant:(a) is a current member of that club, and(b) because of physical reasons such as lack of strength or dexterity, needs to have a self-loading or pump action shotgun in order to participate in clay target shooting competitions.(5) A statement under subsection (4) must be supported by such documents as may be required by the Commissioner.(6) Without limiting the conditions to which a category C licence is subject, a special category C licence issued under this section is subject to the condition that the licensee must, over any period of 12 months, participate in no less than the number of clay target shooting competitions as prescribed by the regulations.(7) For the avoidance of doubt, a special category C licence is a type of category C licence, and any requirements under this Act or regulations that apply to or in respect of a category C licence apply to or in respect of a special category C licence.
17B Firearms dealer licences—restrictions on issue
The Commissioner must not issue a firearms dealer licence if the Commissioner:(a) is of the view that a person who (in the opinion of the Commissioner) is or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a firearms dealer licence, or(b) is not satisfied that the applicant is to be the person primarily responsible for the management of the business to be carried on under the authority of the licence.
17C Special provisions relating to firearms collector licences (post-1946 pistols)
The Commissioner may issue a firearms collector licence that authorises a person to possess a post-1946 pistol if:(a) the person produces evidence to the Commissioner that the person has been a member of a collectors’ society or club for at least one year, and(b) the application for the licence is supported by a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the person is a member confirming that the part of the person’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.Note. See also the Table to section 12 which provides that one of the requirements for the genuine reason of firearms collection is that the applicant for the licence must be a current member of an approved collectors’ society or club.
(cf APMC 4, 1989 Act s 26A, 1990 Reg cll 22B, 23)
(1) A licence is to be in any one or more forms approved by the Commissioner. The manner and form in which the information referred to in subsection (2) is to be specified in the licence, or recorded, is to be determined by the Commissioner from time to time (including, for example, by way of magnetic strip or other electronic means).(2) A licence must:(a) contain a recent photograph of the person to whom it is issued (such photograph being obtained in accordance with arrangements determined by the Commissioner), and(b) bear the signature of the licensee, and(c) specify the licence category, and(d) specify (except in the case of a firearms dealer licence) the registered firearm or firearms to which the licence relates, and(e) specify the genuine reason for which the person was issued with the licence, and(f) (Repealed)(g) specify (in the case of a firearms dealer licence) the premises where the firearm is authorised to be kept, and(h) contain a reference to the requirements under this Act relating to the storage and safe keeping of the firearm, and(i) contain such other detail as may be prescribed by the regulations.(3) A person to whom a licence is issued must, immediately after receiving the licence, write the person’s usual signature in ink in the space provided for it on the licence (unless the licence already bears the licensee’s signature).Maximum penalty: 20 penalty units.
(cf 1989 Act ss 21, 28, APMC 4 (b), 9 (c))
(1) A licence may be issued by the Commissioner subject to such conditions as the Commissioner thinks fit to impose.(2) Without limiting subsection (1), each licence is subject to the following conditions:(a) the licensee must comply with the relevant safe keeping and storage requirements under this Act,(b) the licensee must not permit any other person to possess or use any firearm in the licensee’s possession if that other person is not authorised to possess or use the firearm,(c) the licensee must, in accordance with such arrangements as are agreed on by the licensee and the Commissioner, or, in the case of a licensed firearms dealer, at any reasonable time, permit inspection by a police officer (or such other person as may be prescribed by the regulations) of the licensee’s facilities in respect of the storage and safe keeping of the firearms in the licensee’s possession,(d) the licensee must not possess, at any one time, any amount of ammunition that exceeds the amount (if any) prescribed by the regulations, unless authorised in writing by the Commissioner,(e) the licence cannot be transferred to another person.(3) A licence is subject to such other conditions as may be prescribed by the regulations.
20 Firearms collector licences—special conditions
Without limiting the conditions to which a firearms collector licence may be subject, any such licence is subject to the following conditions:(a) any prohibited firearm (being a firearm to which a category D licence applies) that is part of the collection must be rendered permanently inoperable in a manner prescribed by the regulations,(b) any other firearm that is part of the collection, and that was manufactured after 1900 or that is a prohibited pistol, must be rendered temporarily inoperable by removing the bolt or firing mechanism and keeping it separate from the firearm in a locked container of a type approved by the Commissioner, or by using a trigger lock of a type approved by the Commissioner,(c) any prohibited firearm (being a firearm to which a category C or category D licence applies) that is part of the collection can only be sold, transferred or otherwise disposed of:(i) to a licensed firearms dealer who is authorised to possess those types of prohibited firearms, or(ii) through a licensed firearms dealer to the holder of a firearms collector licence who is authorised to possess those types of prohibited firearms,(d) any prohibited firearm (being a firearm to which a category C licence or category D licence applies) that is intended to be part of the collection can only be bought, or otherwise acquired, from a licensed firearms dealer or through a licensed firearms dealer from the holder of a firearms collector licence,(e) any firearm that is part of the collection can only be kept on premises approved by the Commissioner, and must be stored in accordance with the standards prescribed by the regulations for the purposes of this section,(f) in the case of a licence that was in force immediately before the commencement of this paragraph—a post-1946 pistol can only be kept as part of the collection if:(i) the licensee has been a member of a collectors’ society or club since 20 December 2002, and(ii) the licensee provides the Commissioner with a written statement by the secretary or other relevant office holder of the collectors’ society or club of which the licensee is a member confirming that the part of the licensee’s firearms collection comprising post-1946 pistols has a genuine commemorative, historical, thematic or financial value.
20A Special conditions of category D licences issued to primary producers
Without limiting the conditions to which a category D licence may be subject, a category D licence that is issued to a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control is subject to the following conditions:(a) the licensee must, on the expiry of the period for which the licence is in force, return the firearm to the licensed firearms dealer from whom it was acquired, or otherwise deal with the firearm in accordance with arrangements approved by the Commissioner,(b) the licensee can use the firearm only in the circumstances specified in the licence (for example, for airborne culling).
(cf APMC 4, 1989 Act s 27)
(1) Except as provided by this section, a licence continues in force from the time it is issued for a period of 5 years (or such shorter period as may be prescribed by the regulations), unless it is sooner surrendered or revoked or otherwise ceases to be in force.(2) A category D licence issued to a person referred to in paragraph (c) of the genuine reason of vertebrate pest animal control continues in force for such period as is specified in the licence (being a period that is no more than 12 months) unless it is sooner surrendered or revoked or otherwise ceases to be in force.(3) The following types of licence continue in force for a period of 12 months from the time the licence is issued unless the licence is sooner surrendered or revoked or otherwise ceases to be in force:(a) provisional pistol (business/employment) licence,(b) probationary pistol licence.
(cf APMC 6, 1989 Act s 35)
(1) The Commissioner may, if the Commissioner is satisfied there may be grounds for revoking a licence, suspend the licence by serving personally or by post on the licensee a notice:(a) stating that the licence is suspended and the reasons for suspending it, and(b) requesting that the person provide the Commissioner with reasons why the licence should not be revoked.(1A) If a licence is being suspended because the Commissioner is satisfied that there may be grounds for revoking the licence under section 11 (5A), the notice suspending the licence is not required:(a) to state the reasons for the suspension, or(b) to include any request that the licensee provide the Commissioner with reasons why the licence should not be revoked.(2) The Commissioner must suspend a licence in accordance with this section if the Commissioner is aware that the licensee has been charged with a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 or the Commissioner has reasonable cause to believe that the licensee has committed or has threatened to commit a domestic violence offence within the meaning of that Act.(3) A suspended licence does not authorise the possession or use of firearms during the period specified in the notice suspending it.
23 Suspension of licence on making of interim apprehended violence order
(cf APMC 6, 1989 Act s 35A)
(1) A licence that authorises a person to possess or use a firearm is automatically suspended on the making of an interim apprehended violence order against the person.(2) The licence is suspended until the order is confirmed or revoked.
(cf APMC 6, 1989 Act s 36, 1990 Reg cl 27)
(1) A licence that authorises a person to possess or use a firearm is automatically revoked if the licensee becomes subject to a firearms prohibition order or an apprehended violence order.(1A) The Commissioner must revoke a licence that is held for the purpose of employment as an armed security guard (within the meaning of the Security Industry Act 1997) if:(a) the licensee has failed to undertake any firearm safety training required under this Act or the regulations, or(b) in the case of a licensee who holds a class 1F licence or a visitor permit authorising the licensee to carry out security activities of a kind authorised by a 1F licence under the Security Industry Act 1997—the 1F licence or visitor permit is revoked under that Act or the licensee contravenes any condition of the firearms licence under this Act.(2) A licence may be revoked:(a) for any reason for which the licensee would be required to be refused a licence of the same kind, or(b) if the licensee:(i) supplied information which was (to the licensee’s knowledge) false or misleading in a material particular in, or in connection with, the application for the licence, or(ii) contravenes any provision of this Act or the regulations, whether or not the licensee has been convicted of an offence for the contravention, or(iii) contravenes any condition of the licence, or(c) if the Commissioner is of the opinion that the licensee is no longer a fit and proper person to hold a licence, or(c1) if the Commissioner is satisfied that the licensee, through any negligence or fraud on the part of the licensee, has caused a firearm to be lost or stolen, or(d) for any other reason prescribed by the regulations.(2A) If the Commissioner revokes a licence because the licence holder would be refused a licence on the grounds referred to in section 11 (5A), the Commissioner is not, under this or any other Act or law, required to give any reasons for revoking the licence on those grounds.(3) The Commissioner of Police may revoke a licence by serving personally or by post on the licensee a notice stating that the licence is revoked and the reason for revoking it.(4) The revocation of a licence by such a notice takes effect when the notice is served or on a later date specified in the notice.(5) The Commissioner may, by serving a further notice on the holder of a licence, cancel a notice revoking a licence before the notice takes effect.
25 Surrender and seizure of firearms when licence suspended or revoked
(cf APMC 4 (b), 1989 Act s 38)
(1) If a licence is suspended, revoked or otherwise ceases to be in force, the person to whom it was issued must immediately surrender to a police officer:(a) any firearm in the person’s possession, and(b) the licence.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) A police officer is authorised to seize any firearm in the possession of a person if that person’s licence is suspended, revoked or otherwise ceases to be in force. A police officer is also authorised to seize the licence itself.(3) This section does not apply in relation to a licence that has expired if the authority conferred by the licence continues to have effect (as provided by the regulations) pending the determination of an application for a subsequent licence.
26 Recognition of interstate licences for certain purposes
(cf APMC 4 (c), 1990 Reg cll 93, 93A)
(1) A person who:(a) is a resident of another State or Territory, and(b) is the holder of the equivalent of a category A, category B or category H licence issued under the law in force in that State or Territory,is exempt from the requirements of section 7 or 7A of this Act to be authorised to possess or use a firearm of a kind to which a corresponding category A, category B or category H licence issued in this State applies, but only for the purpose of enabling the person to participate in a shooting competition approved by the Commissioner (or for such other purposes as may be prescribed by the regulations).(2) A person who is a resident of another State or Territory, and is the holder of the equivalent of a category C licence issued under the law in force in that State or Territory, is:(a) in the case of a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of enabling the person to use the firearm in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned), or(b) in the case of a person who is a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land—exempt from the requirements of section 7 or 7A to be authorised to possess or use a firearm of a kind to which a corresponding category C licence issued in this State applies, but only for the purposes of controlling vertebrate pest animals on rural land, or(c) in the case of a person who is participating in a recognised clay target shooting competition—is exempt from the requirements of section 7 or 7A to be authorised to possess or use a self-loading or pump action shotgun, but only for the purpose of enabling the person to participate in the competition and only if the person complies with the restrictions set out in section 17A (2).
27 Interstate residents moving to this State
(cf APMC 4 (d))
(1) A resident of another State or a Territory who is the holder of the equivalent of a category A or category B licence issued under the law in force in that State or Territory may notify the Commissioner in writing that he or she intends to reside on a permanent basis in this State.(2) If the Commissioner is notified in accordance with subsection (1), the equivalent of the category A or category B licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 3 months from the time the person notified the Commissioner or until the person’s application for a licence under this Act is granted or refused (whichever is sooner).(3) If a resident of another State or a Territory who is the holder of the equivalent of a category C, category D or category H licence notifies the Commissioner in writing that the person intends to reside in this State, the equivalent of the category C, category D or category H licence (as issued by the other jurisdiction) is, subject to any direction of the Commissioner, taken to be the corresponding licence in force in this State for a period of 7 days from the time the person notified the Commissioner.(4) After the expiry of any such 7 day period, any person:(a) who has duly notified the Commissioner in accordance with subsection (3), and(b) who applied for a licence before the expiry of that period,does not, while the person’s application for a licence is being determined by the Commissioner, commit an offence under section 7 or 7A in respect of the possession of a firearm.
28 General power to issue permits
(cf APMC 3 (b), 7, 1990 Reg cl 15)
The Commissioner may issue permits for any one or more of the following purposes:(a) to authorise a person to acquire a firearm,(b) to authorise the possession or use of firearms by minors in accordance with section 32,(c) to authorise the possession or use of firearms in such circumstances as may be prescribed by the regulations (including film or theatrical productions or other artistic purposes),(d) to authorise the acquisition, selling or transfer of firearms in such circumstances as may be prescribed by the regulations,(e) to authorise the shortening or conversion of firearms,(f) to authorise the use of a firearm (being a firearm to which a category A, category B or category H licence applies) that is part of a licensed firearms collection in order to test it, or on a special occasion as specified in the permit,(g) to authorise the possession or use of firearms in such circumstances as the Commissioner considers appropriate,(h) to authorise anything else that is required by this Act or the regulations to be authorised by a permit.
29 General restrictions on issuing permits
(cf APMC 4 (a), 1990 Reg cl 16)
(1) A permit must not be issued unless the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace.(2) Without limiting the generality of subsection (1), a permit must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:(a) the applicant’s way of living or domestic circumstances, or(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or(c) the applicant’s intemperate habits or being of unsound mind.(3) Subject to this Division, a permit must not be issued to a person who:(a) is under the age of 18, or(b) has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or(c) is subject to an apprehended violence order or who has at any time within 10 years before the application for the permit was made been subject to such an order (other than an order which has been revoked), or(d) is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or(e) is subject to a firearms prohibition order.(3A) A permit must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that:(a) the person is a risk to public safety, and(b) the issuing of the permit would be contrary to the public interest.(3B) The Commissioner is not, under this or any other Act or law, required to give reasons for not issuing a permit on the grounds referred to in subsection (3A).(4) Despite any other provision of this section, the Commissioner may refuse to issue a permit if the Commissioner considers that issue of the permit would be contrary to the public interest.(5) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a permit.
30 General provisions relating to permits
(cf APMC 4 (a), (b), 1989 Act ss 35, 35A, 36, 38)
(1) An application for a permit must be made in the prescribed manner and be accompanied by the prescribed fee.(2) A permit is to be in a form approved by the Commissioner and contain such detail as may be prescribed by the regulations.(3) The regulations may prescribe or provide for the Commissioner to impose or determine:(a) conditions to which a permit is to be subject, and(b) the period for which a permit is to be in force.(4) A permit may be suspended or revoked by the Commissioner:(a) for any reason for which a licence may be suspended or revoked under this Act, or(b) for such other reasons as may be prescribed by the regulations.(5) The suspension or revocation of a permit takes effect when notice is served on the holder of the permit.(6) If a permit is suspended, revoked or otherwise ceases to be in force, the person to whom it was issued must immediately surrender to a police officer:(a) any firearm in respect of which the permit has been issued, and(b) the permit.Maximum penalty (subsection (6)): 50 penalty units or imprisonment for 2 years, or both.
(7) A police officer is authorised to seize any firearm in respect of which a permit has been issued if the permit is suspended, revoked or otherwise ceases to be in force. A police officer is also authorised to seize the permit itself.(7A) Subsections (6) and (7) do not apply in relation to a permit that has expired if the authority conferred by the permit continues to have effect (as provided by the regulations) pending the determination of an application for a subsequent permit.(8) If a permit is being suspended because the Commissioner is satisfied that there may be grounds for revoking the permit under section 11 (5A), the notice suspending the permit is not required:(a) to state the reasons for the suspension, or(b) to include any request that the permit holder provide the Commissioner with reasons why the permit should not be revoked.(9) If the Commissioner revokes a permit because the permit holder would be refused a permit on the grounds referred to in section 11 (5A), the Commissioner is not, under this or any other Act or law, required to give any reasons for revoking the permit on those grounds.
31 Permits to acquire firearms
(cf APMC 7)
(1) A person who is the holder of a licence or permit may apply to the Commissioner for a permit to acquire a firearm.(2) A separate permit to acquire is required in respect of each firearm to be acquired by the holder of a licence or permit.(3) The Commissioner must not issue a permit authorising a person to acquire a firearm:(a) unless the person is the holder of a licence or permit authorising the person to use or possess the firearm concerned, and(b) (Repealed)(c) unless the Commissioner is satisfied that the applicant has a good reason for acquiring the firearm concerned.(3A) Without limiting subsection (3), the Commissioner must not issue a permit authorising a person who is the holder of a category H (sport/target shooting) licence (including a probationary pistol licence) to acquire a pistol unless the application for the permit is supported by a written statement by the secretary or other relevant office holder of the pistol shooting club in respect of which the person’s genuine reason for having the licence has been established:(a) confirming that the person has adequate storage arrangements (as specified under this Act) in relation to the safe keeping of the pistol, and(b) specifying the shooting activities for which the pistol is required.(3B) In the case of a person who is the holder of a probationary pistol licence, and without limiting subsections (3) and (3A), the Commissioner:(a) during the initial probationary period referred to in section 16A (2)—must not issue a permit authorising the person to acquire any kind of pistol, and(b) during the remainder of the term of the licence—may only issue a total of 2 permits authorising the person to acquire no more than 2 pistols, any one of which (subject to subsection (3C)) is:(i) a centrefire pistol, or(ii) a rimfire pistol with a calibre of no more than .22 inch, or(iii) an air pistol with a calibre of no more than .177 inch, or(iv) a black powder pistol.(3C) However, nothing in subsection (3B) (b) authorises the holder of a probationary pistol licence to possess a centrefire pistol and a rimfire pistol at the same time.(4) (Repealed)(5) Unless sooner revoked by the Commissioner, a permit to acquire a firearm remains in force from the time it is issued for a period of 90 days (or such longer period as may be approved by the Commissioner in a particular case) or until the firearm to which the permit relates is acquired (whichever is the sooner).Note. Section 50 provides that a licensed firearms dealer does not need to obtain a permit under this section when buying a firearm.
31A Waiting period for issuing permits to acquire firearms
(1) The Commissioner must not issue a permit authorising a person to acquire a firearm until after the end of the period of 28 days following the day on which the application for the permit is made.(2) Subsection (1) does not apply in relation to an application for a permit to acquire a firearm to which a particular category of licence applies if a firearm to which that licence category applies was registered in the applicant’s name at any time during the period of 90 days immediately before the date on which the application was made and that registration was not cancelled under section 35 during that 90 day period.(3) For the purposes of subsection (2), a category A and category B licence are taken to be the same licence category.
(cf APMC 3 (b), 1990 Reg cll 51, 52)
(1) An application for a minor’s firearms permit must be lodged personally by the applicant.(2) The applicant must:(a) be of or above the age prescribed by the regulations for the purposes of this section and under the age of 18 years, and(b) have completed a firearms safety training course in accordance with the regulations.(3) The application must contain the written consent of a parent or guardian of the applicant to the issue of the permit.(4) A minor’s firearms permit is to be of one of the following classes:• a minor’s firearms training permit,• a minor’s target pistol permit.(5) A minor’s firearms training permit authorises the person to whom it is issued to possess and use a firearm (other than a pistol or a prohibited firearm), but only:(a) under the personal supervision of the holder of a category A, category B or category C licence (or a person authorised by the Commissioner to supervise the use by minors of firearms of the kind concerned), and(b) for the purpose of receiving instruction in the safe use of the firearm or competing in such events as are approved by the Commissioner.(5A) Despite subsection (5), the Commissioner may issue a minor’s firearms training permit that authorises the person to whom it is issued to possess and use a self-loading or pump action shotgun of a kind to which a category C licence applies, but only:(a) under the personal supervision of the holder of a category A, category B or category C licence (or a person authorised by the Commissioner to supervise the use by minors of such firearms), and(b) for the purpose of participating in a recognised clay target shooting competition, and(c) if the person to whom the permit is issued complies with the restrictions set out in section 17A (2).The provisions of section 17A (3)–(6) apply to and in respect of any such permit in the same way as those provisions apply to and in respect of a special category C licence as referred to in that section.
(6) A minor’s target pistol permit authorises the person to whom it is issued to possess and use a target pistol (and no other kind of firearm), but only:(a) under the personal supervision of the holder of a category H licence who is authorised to use a pistol for the purposes of target shooting, and(b) for the purpose of receiving instruction in the safe use of the pistol or competing in such events as are approved by the Commissioner.(7) Unless sooner surrendered or revoked, a minor’s firearms permit expires on the permit holder’s eighteenth birthday.(8) Despite subsection (7), the authority conferred by the permit continues for the period prescribed by the regulations so as to enable an application for a licence or permit to be determined.