South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Transitional provisions and compensation
In this Schedule—
surrender period means the period of six months from the commencement of this
clause.
2—Period allowed for surrender (or registration) of certain firearms etc
(1) A person who has
possession of an unregistered receiver during the surrender period is to be
taken not to have committed an offence against this Act for possession of the
receiver provided that, during the surrender period, the person—
(a)
obtains registration of the receiver; or
(b)
surrenders it to the Registrar.
(2) A person who,
during the surrender period, has possession of any of the following:
(a) a
self-loading handgun (other than a revolver) with a barrel length, as measured
in accordance with the regulations, of less than 120mm;
(b) a
revolver or single shot handgun in either case with a barrel length, as
measured in accordance with the regulations, of less than 100mm;
(c) a
class H firearm with a magazine or cylinder capacity of more than
10 rounds or a modified magazine or cylinder capacity;
(d) a
class H firearm of more than .38 calibre;
(e) a
class H firearm that was manufactured after 1946 and acquired by the person
for the purpose of collection and display,
is, if the firearm is unregistered or ceases to be registered, to be taken not
to have committed an offence against this Act for possession of the firearm
provided that, during the surrender period, the person—
(f)
obtains registration of the firearm; or
(g)
surrenders it to the Registrar.
(3) The Registrar
must, as soon as practicable after the commencement of the surrender period,
by notice in writing, cancel the registration of each firearm referred to in
paragraph (a), (b), (c), (d) or (e) of subclause (2) that is
registered in the name of a person who is the holder of a shooting club
member's licence.
(4) If the
registration of a firearm is cancelled under subclause (3), no fee is
payable in respect of an application made by the owner of the firearm during
the surrender period for re-registration of the firearm.
3—Prohibition of use of certain firearms
(1) This clause
applies to any of the following firearms if unregistered:
(a) a
self-loading handgun (other than a revolver) with a barrel length, as measured
in accordance with the regulations, of less than 120mm;
(b) a
revolver or single shot handgun in either case with a barrel length, as
measured in accordance with the regulations, of less than 100mm;
(c) a
class H firearm with a magazine or cylinder capacity of more than
10 rounds or a modified magazine or cylinder capacity;
(d) a
class H firearm of more than .38 calibre.
(2) A person must not
use a firearm to which this clause applies.
4—Compensation for certain surrendered firearms etc
(1) The Registrar may,
subject to conditions approved by the Minister, pay compensation in respect
of—
(a)
firearms; or
(b)
firearm parts; or
(c)
firearm accessories; or
(d)
ammunition,
of a kind approved by the Minister surrendered to the Registrar during the
surrender period.
(2) A decision of
the Registrar or the Minister under subclause (1) is final and conclusive
and may not be challenged or called in question in any court.
(3) Compensation
payable under this clause must be paid from the Consolidated Account which is
appropriated by this clause to the necessary extent.
5—Possession of and collectors' licences for certain antique firearms
(1) This clause
applies to firearms that, on the commencement of this clause, become subject
to this Act (having previously been exempted from this Act as antique firearms
under the regulations).
(2) A person who has
possession of unregistered firearms to which this clause applies during the
period of six months from the commencement of this clause is to be taken not
to have committed an offence against this Act for possession of the firearms
provided that, during that period—
(a) the
person obtains registration of the firearms and, if required, a collector's
licence; or
(b) the
person disposes of the firearms (which the person is hereby authorised to do).
(3) No fee is payable
in respect of an application made by a person referred to in
subclause (2) during the period of six months from the commencement of
this clause for registration of a firearm to which this clause applies.
(4) An application for
a collector's licence made by a person referred to in subclause (2)
during the period of six months from the commencement of this clause is not to
be refused on the ground that he or she is not an active member of a
collectors' club provided that he or she is a member of such a club.