Australian Capital Territory
Firearms Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-28

The Australian Capital Territory Executive makes the following regulation under the Firearms Act 1996.
Dated 6 September 2016.
Yvette Berry
Minister
Simon Corbell
Minister

Australian Capital Territory
Firearms Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-28
made under the
Firearms Act 1996

    

1	Name of regulation
This regulation is the Firearms Amendment Regulation 2016 (No 1).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Firearms Regulation 2008.
4	New division 11.3
insert
Division 11.3	Transportation
52A	Transportation of firearms, reasonable steps in storing—Act, s 180 (3)
	(1)	A person who transports a firearm takes all reasonable steps to ensure that the firearm is stored safely while the firearm is being transported if the firearm is stored in accordance with this section.
	(2)	A firearm must—
	(a)	not be loaded with, and must be kept separate from, any ammunition; and
	(b)	if the firearm is being transported using a vehicle other than a motorcycle—
	(i)	be rendered temporarily incapable of being fired; or
Examples
1	by removing the bolt or the firing mechanism
2	by using a restraining device such as a trigger lock.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(ii)	be stored in—
	(A)	a securely locked container that is securely attached to the vehicle; or
	(B)	a securely locked compartment within the vehicle; and
	(c)	if the firearm is being transported using a motorcycle—be stored in a lockable hard-case pannier, luggage box or other container appropriate for transporting the firearm; and
	(d)	not be able to be seen by a person who is not responsible for transporting the firearm.
	(3)	However, subsection (2) does not apply if the firearm is being transported by—
	(a)	a person whose occupation involves the business of a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the business; or
	(b)	a person employed, or authorised, by a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the primary producer’s business; or
	(c)	a conservation officer, and it is reasonably likely that during transportation of the firearm the officer will need to use it for a purpose related to the officer’s duties; or
	(d)	a person employed, or authorised, by a government agency to kill fauna, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the person’s employment or authorisation.
	(4)	In this section:
conservation officer—see the Nature Conservation Act 2014, dictionary.
employ includes engaging a person on a contract of service.
fauna means—
	(a)	a native animal; or
	(b)	a pest animal; or
	(c)	stock.
native animal—see the Nature Conservation Act 2014, section 12.
pest animal—see the Pest Plants and Animals Act 2005, dictionary.
stock—see the Stock Act 2005, dictionary.
5	Section 54
substitute
54	Safety requirements for transporting prohibited firearms or pistols—Act, s 234
	(1)	The prescribed safety requirements for transportation of a prohibited firearm or pistol (the firearm) are that—
	(a)	the firearm must not be loaded with, and must be kept separate from, any ammunition; and
	(b)	if the firearm is being transported using a vehicle other than a motorcycle—the firearm—
	(i)	must be rendered temporarily incapable of being fired; or
Examples
1	by removing the bolt or the firing mechanism
2	by using a restraining device such as a trigger lock.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(ii)	must be stored in—
	(A)	a securely locked container that is securely attached to the vehicle; or
	(B)	a securely locked compartment within the vehicle; and
	(c)	if the firearm is being transported using a motorcycle—the firearm must be stored in a lockable hard-case pannier, luggage box or other container appropriate for transporting the firearm; and
	(d)	the firearm must not be able to be seen by a person who is not responsible for transporting the firearm; and
	(e)	the person transporting the firearm must take all reasonable precautions to ensure that the firearm is not lost or stolen.
	(2)	However, subsection (1) does not apply if the firearm is being transported by—
	(a)	a person whose occupation involves the business of a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the business; or
	(b)	a person employed, or authorised, by a primary producer, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the primary producer’s business; or
	(c)	a conservation officer, and it is reasonably likely that during transportation of the firearm the officer will need to use it for a purpose related to the officer’s duties; or
	(d)	a person employed, or authorised, by a government agency to kill fauna, and it is reasonably likely that during transportation of the firearm the person will need to use it for a purpose related to the person’s employment or authorisation.
	(3)	In this section:
conservation officer—see the Nature Conservation Act 2014, dictionary.
employ includes engaging a person on a contract of service.
fauna—see section 52A (4).
6	Dictionary, note 3
insert
·	government agency

Endnotes
1	Notification
	Notified under the Legislation Act on 8 September 2016.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016