Victorian Current Acts Victorian Current Acts(1)Any non-prohibited person who is of a category of persons specified in an item in Column 1 of Schedule 3 who possesses, carries or uses a registered firearm in the circumstances set out in that item in Column 2 of Schedule 3 does not commit an offence against section 6 or 7 for so doing and is not required to hold a licence under this Part.
S. 54(1A) inserted by No. 2/2018 s. 16(1).
(1A) A non-prohibited person does not commit an offence against section 7 and is not required to hold a licence under this Part when carrying or using a general category handgun at an approved shooting range, if the person is receiving instruction in the use of a general category handgun and—
(a) the person is of or over 12 years of age; and
(b) the instruction is being given by or under the immediate supervision of the holder of a general category handgun licence; and
(c) the person has not received any such instruction on more than 13 previous occasions; and
(d) if the person receiving instruction is of or over the age of 18 years, the person is receiving the instruction for the purpose of obtaining a general category handgun licence for a reason set out in section 15(1); and
(e) if the person receiving instruction is under the age of 18 years—
(i) the person giving the instruction has written consent to give the instruction from a parent or guardian of the person who is receiving the instruction; and
(ii) the person receiving the instruction has written consent of the person's parent or guardian to receive the instruction.
S. 54(2) inserted by No. 28/2003 s. 28, substituted by No. 78/2005 s. 28, amended by Nos 50/2007 s. 20(1), 2/2018 s. 16(2).
(2) If a person receives instruction in the use of a general category handgun in accordance with the exemption set out in subsection (1A), the person who gives the instruction, must, on each occasion on which that person gives that instruction, so notify the Chief Commissioner in the form approved by the Chief Commissioner.
S. 54(3) inserted by No. 28/2003 s. 28.
(3) A notification under subsection (2)
must—
S. 54(3)(a) amended by No. 50/2007 s. 20(2).
(a) contain any information as to the identity of the person and the person who has given the instruction that the Chief Commissioner requires; and
(b) be signed by the person giving the notice; and
(c) must be given to the Chief Commissioner within 7 days of the day on which the person receives the instruction.
S. 54(4) inserted by No. 28/2003 s. 28, substituted by No. 50/2007 s. 20(3).
(4) As part of a notification under subsection (2), the Chief Commissioner may require the person giving the notification to make a declaration—
(a) that he or she has questioned the person as to whether or not the person is a prohibited person; and
(b) that he or she has questioned the person as to the number of occasions on which the person has received instruction in the use of a general category handgun; and
(c) that based on the answers he or she received in response to those questions, and on any other relevant facts available to him or her—
(i) whether or not he or she believes that the person is a prohibited person; and
(ii) the number of occasions on which he or she believes that the person has received instruction in the use of a general category handgun.
S. 54(5) inserted by No. 28/2003 s. 28.
(5) A person must not give false information in a notification under subsection (2).
Penalty: 120 penalty units or 2 years imprisonment.
S. 54(6) inserted by No. 50/2007 s. 20(4).
(6) A person who is questioned under subsection (4) must not knowingly or recklessly give false information in response to a question asked of him or her under that subsection.
Penalty: 120 penalty units or 2 years imprisonment.
S. 54AA inserted by No. 52/2010 s. 17.