Part 3 Registration of firearms
(cf APMC 2, 1989 Act s 21 re pistols, 1990 Reg cll 80–83)
Division 1 Registration scheme
(1) The Commissioner is to cause to be compiled and maintained a Register of Firearms.(2) The Register is to contain:(a) such particulars of each registered firearm (including its serial number if any) as are sufficient to identify the firearm and the person in whose name the firearm is registered, and(b) particulars of the licence or permit of the person in respect of whom the firearm is registered, and(c) such other information as may be required by the regulations to be included in the Register.(3) The Register is to be maintained in such form as:(a) to enable the Register to be linked to the National Exchange of Police Information (NEPI) scheme, and(b) to enable information in the Register to be accessed by other State and Territory government firearms authorities.(4) The Register is not to be made available for inspection by any member of the public.(5) The regulations may make provision with respect to the Register.
(1) An application for registration of a firearm must be in the manner, and be accompanied by the fee (if any), prescribed by the regulations.(2) The Commissioner is to register a firearm that is the subject of an application, except as provided by this section.(3) The Commissioner must not register a firearm if the person in whose name the firearm is registered is not the holder of a licence or permit in respect of the firearm.(4) In the case of a person who is the holder of a category C licence, no more than one rifle to which the licence applies, and no more than one shotgun to which the licence applies, is to be registered in the name of that person.(5) The Commissioner may refuse to register a firearm if any firearm to which the application relates is not first produced for inspection by a member of the Police Force.(6) The Commissioner registers a firearm by entering in the Register particulars of the firearm and particulars relating to the person in whose name the firearm is registered.(7) If:(a) a firearm is registered in accordance with subsection (6), or(b) the Commissioner, in accordance with the regulations, records in the Register a change in the particulars relating to the person in whose name a firearm is registered,the Commissioner is to issue a notice of registration to the person in whose name the firearm is registered.(8) A registered firearm ceases to be registered if registration of the firearm is cancelled under section 35. However nothing in this subsection prevents the further registration of a firearm after it ceases to be a registered firearm.
35 Cancellation of registration
(1) The Commissioner may, by notice in writing served on the person in whose name a firearm is registered, cancel the registration of the firearm if:(a) had the firearm not been registered, the Commissioner would be required not to register it on the grounds that the person does not hold a licence or permit in respect of the firearm, or(b) the Commissioner is satisfied that the applicant for registration made a statement in or in connection with the application that the applicant knew to be false or misleading in a material particular, or(c) the person in whose name the firearm is registered is convicted of an offence under this Act or the regulations or an offence prescribed by the regulations for the purposes of this section, or(d) the person in whose name the firearm is registered requests the cancellation.(2) Cancellation of the registration of a firearm takes effect on the notice being served on the person in whose name the firearm is registered.(3) On cancellation of the registration of a firearm, a police officer is authorised to seize the firearm.
Division 2 Offences relating to registration
(1) A person must not sell, purchase, possess or use a firearm that is not registered.Maximum penalty: imprisonment for 10 years if the firearm concerned is a prohibited firearm or pistol, or imprisonment for 5 years in any other case.
(2) It is a defence to a prosecution for an offence under this section to prove that the defendant:(a) did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and(b) was not the owner of the firearm at the time of the alleged offence.(3) A licensed firearms dealer does not commit an offence under this section of purchasing or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring the firearm.(4) A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.
37 Requirements relating to registered firearms
(1) The person in whose name a firearm is registered:(a) must produce the firearm for inspection by a police officer at any reasonable time when requested to do so by the officer, and(b) must, if the firearm is sold or lost by, or stolen from, that person, immediately notify a police officer of the sale, loss or theft of the firearm and provide the Commissioner, within 7 days after the firearm is sold, lost or stolen, with particulars of the sale, loss or theft in accordance with the regulations.(2) Any person (other than a licensed firearms dealer) who acquires a firearm from another person must provide the Commissioner, within 7 days after the firearm is acquired, with such particulars as may be prescribed by the regulations.Maximum penalty: 50 penalty units.
38 Alteration of notice of registration
A person must not alter any of the particulars set out in a notice of registration issued under section 34 (7).Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.