South Australian Repealed Regulations

This legislation has been repealed.

FIREARMS REGULATIONS 1993 - REG 19

19—Conditions of firearms licences

        (1)         It is a condition of a firearms licence that—

            (a)         the holder of the licence must give the Registrar written notice in a form approved by the Registrar of all changes to his or her name or address within 14 days after the change occurs;

            (b)         every firearm that the licence holder has possession of pursuant to the licence must comply with section 24A of the Act;

            (c)         the holder of the licence must comply with the provisions of Part 6 that apply to, or in relation to, firearms held pursuant to the licence;

            (d)         when a firearm or ammunition is not secured as required by Part 6 the holder of the licence must take all reasonable precautions to ensure that the firearm or ammunition is not lost or stolen or does not come into the possession of an unauthorised person;

            (e)         the holder of the licence must report the theft, loss or destruction of a firearm to which the licence relates to a police officer within 14 days after the theft, loss or destruction occurs;

            (f)         where the holder of a licence had informed the Registrar when applying for the licence of the place at which he or she intended to keep firearms pursuant to the licence when not in use and the manner in which he or she intended securing those firearms, the holder of the licence—

                  (i)         must allow, at any reasonable time, a police officer to enter and inspect the place at which the firearms are kept to ensure the firearms are so secured; and

                  (ii)         must give the Registrar prior written notice of any change in the place at which the firearms are kept; and

                  (iii)         must not, without the approval of the Registrar, change the manner in which the firearms are secured;

            (fa)         the holder of the licence must, whenever required to do so by the Registrar, provide the Registrar with information relating to a firearm registered in his or her name or in his or her possession;

            (g)         the holder of the licence must whenever required to do so by the Registrar provide the Registrar with information that the Registrar requires to determine whether he or she should take action under section 20(1a) of the Act.

        (2)         It is a condition of a firearms licence that authorises the use and possession of a class C firearm that the holder of the licence must within 14 days before each anniversary of the granting or renewal of the licence, provide the Registrar with information that the Registrar requires to determine whether he or she should take action under section 20(1a) of the Act.

        (3)         It is a condition of a firearms licence that authorises the possession and use of a class C firearm that the holder of the licence may only use a firearm of that class if the requirements set out in one or more of the paragraphs of section 15A(3) of the Act or in regulations under paragraph (d) of subsection (3) of that section are satisfied and then only if his or her use of the firearm is consistent with the relevant paragraph or regulation.

        (4)         Where the only paragraph of section 15A(3) of the Act satisfied by the holder of a firearms licence authorising the possession and use of a class C firearm is paragraph (b) (membership of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and membership of a recognised firearms club affiliated with either of those associations) it is a further condition of the licence that the holder must be an active member of the club.

        (5)         For the purposes of subregulation (3) the requirements of paragraph (a) of section 15A(3) of the Act will not be taken not to be satisfied on the ground that the holder of the licence has possession of two or more class C firearms if his or her possession of those firearms is consistent with another paragraph of section 15A(3) or with a regulation under paragraph (d) of that section.

        (6)         It is a condition of a firearms licence that authorises the possession and use of a class D firearm that the holder of the licence may only use a firearm of that class for the purpose of destroying animals and then only if his or her livelihood is gained partly or wholly from professional shooting.

        (7)         It is a condition of a firearms licence that authorises the possession and use of a class H firearm that the holder of the licence may only use a firearm of that class—

            (a)         if the holder is an active member of a shooting club; or

            (ab)         in relation to carrying on the business of primary production or in the course of employment by a person who carries on such a business if, in either case, the property on which the primary production business is carried on is at least 15000 hectares in area or is a property to which subregulation (7a) applies; or

            (b)         in the course of carrying on the business of guarding property or in guarding property in the course of employment by a person who carries on that business; or

            (c)         for the purpose of collecting and displaying firearms; or

            (d)         for such other purpose as is approved by the Registrar.

        (7a)         This subregulation applies to a property for the purposes of subregulation (7)(ab) if the property was specified in a firearms licence that—

            (a)         was purportedly granted to a person for a term expiring on or after 27 September 2002; and

            (b)         authorised the person to use a class H firearm on the property in relation to carrying on the business of primary production or in the course of employment by a person who carries on such a business.

        (7b)         It is an additional condition of a shooting club member's licence that the holder of the licence must be an active member of a shooting club for each licence year of the licence.

        (7c)         It is an additional condition of a shooting club member's licence that authorises the possession and use of class H firearms that the class H firearms of each of the following categories of which the holder of the licence has possession must be used by the holder in shooting club organised shoots for that category of class H firearms on at least four occasions during each licence year of the licence:

            (a)         air or gas operated handguns;

            (b)         .22 calibre rim fire handguns (long rifle or short);

            (c)         centre fire handguns of not more than .38 calibre;

            (d)         handguns of more than .38 calibre.

        (8)         It is an additional condition of a collector's licence—

            (a)         that in the case of all firearms in the collection manufactured after 1900—

                  (i)         the bolt, breech block or firing pin of the firearm must be locked in a container kept separately from the firearm; or

                  (ii)         the trigger of the firearm must be immobilised by means of a trigger lock; or

                  (iii)         the firearm is secured by such other method as is approved by the Registrar; and

            (b)         that the holder of the licence must be an active member of a collectors' club for each licence year of the licence; and

            (c)         that the holder of the licence does not have possession of any ammunition that can be used in a firearm owned by the collector for the purpose of collecting and displaying firearms (excluding ammunition for use in a firearm that the collector is authorised to have possession of and use for some other purpose endorsed on a separate firearms licence); and

            (d)         that none of the firearms included in the collection is a prescribed firearm; and

            (e)         that the firearms included in the collection must not be fired without the written approval of the Registrar.

        (9)         Where the purpose, or one of the purposes, endorsed on a firearms licence is paint-ball shooting, it is a condition of the licence that only a paint-ball firearm will be used for the purposes of paint-ball shooting.

        (10)         A licence to possess a prescribed firearm is subject to the following conditions in addition to the conditions prescribed by subregulation (1):

            (a)         the firearm to which the licence relates must not be used to fire a projectile;

            (b)         the firearm must be kept at the premises and in the manner specified in the licence unless approval to the contrary is granted by the Registrar;

            (c)         the holder of the licence must not surrender control of the firearm except when disposing of the firearm.

        (11)         The conditions imposed by subregulations (3) and (6) do not apply to a licence held solely to enable the holder of the licence to possess and use firearms for the purposes of a contract with the Crown in right of this State or in any of the Crown's other capacities or for the purpose of tendering for such a contract.