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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Firearms and Other Acts Amendment Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENT OF FIREARMS ACT 1996 4
3 Definitions 4
4 New section 8A inserted 6
8A Proof of registration of firearm 6
5 Conditions applying to handgun licences 6
6 General discretion of Chief Commissioner to refuse longarm
or handgun licence 8
7 General discretion of Chief Commissioner to refuse junior
licence 9
8 General discretion of Chief Commissioner to refuse firearms
collectors licence 9
9 General discretion of Chief Commissioner to refuse a firearms
heirlooms licence 9
10 General discretion of Chief Commissioner to refuse a firearms
ammunition collectors licence 9
11 Information which is required for an application for a licence 9
12 General discretion of Chief Commissioner to refuse to renew
a licence or to alter or vary the conditions of a licence 10
13 Variation of licence for failure to comply with participation
condition 10
14 New section 43B inserted 11
43B Review of decision as to period of variation 11
15 New section 46A inserted 11
46A Cancellation of licence held by non-resident 11
16 New sections 49A and 49B inserted 12
49A Restrictions on application for licence following
cancellation 12
49B Review of decision as to period of disqualification 13
561357B.I-23/6/2010 i BILL LA INTRODUCTION 23/6/2010
Clause Page
17 New section 54AA inserted 13
54AA Health service workers who are exempt from this
Part 13
18 New section 57B inserted 15
57B Permits to assist in emergency or natural disaster 15
19 Requirement to keep register of transactions 17
20 Permits for theatrical armourers 17
21 Keeping of register 17
22 Approved handgun target shooting clubs--reporting
requirements 17
23 Section 134C substituted 18
134C Offence to possess a firearm with no serial number 18
24 Notification of change of certain details 19
25 New sections 215 and 216 inserted 19
215 Transitional provision--Firearms and Other Acts
Amendment Act 2010--interstate licence holders 19
216 Transitional provision--Firearms and Other Acts
Amendment Act 2010--imitation firearms 19
PART 3--AMENDMENT OF CONTROL OF WEAPONS
ACT 1990 21
26 Definitions 21
27 Application and construction of Act 22
28 New section 7A inserted 22
7A Exemption of health service workers 22
PART 4--AMENDMENT OF GRAFFITI PREVENTION
ACT 2007 AND TRANSPORT (COMPLIANCE AND
MISCELLANEOUS) ACT 1983 26
29 Amendment of section 3 of the Graffiti Prevention Act 2007 26
30 New section 17A inserted in Graffiti Prevention Act 2007 26
17A Seizure of graffiti implement 26
31 Amendment of section 18 of the Graffiti Prevention Act 2007 28
32 Amendment of section 24 of the Graffiti Prevention Act 2007 28
33 Amendment of section 25 of the Graffiti Prevention Act 2007 28
34 Amendment of Transport (Compliance and Miscellaneous)
Act 1983 29
PART 5--AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998 30
35 Amendment of Schedule 2 to the Liquor Control Reform
Act 1998 30
561357B.I-23/6/2010 ii BILL LA INTRODUCTION 23/6/2010
Clause Page
PART 6--REPEAL OF AMENDING ACT 31
36 Repeal of amending Act 31
ENDNOTES 32
561357B.I-23/6/2010 iii BILL LA INTRODUCTION 23/6/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Firearms and Other Acts Amendment
Bill 2010
A Bill for an Act to amend the Firearms Act 1996, the Control of
Weapons Act 1990, the Graffiti Prevention Act 2007, the
Transport Act 1983 and the Liquor Control Reform Act 1998 and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Firearms Act 1996 to--
5 (i) remove imitation firearms from the
definition of a firearm for the purposes
of that Act;
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Firearms and Other Acts Amendment Bill 2010
Part 1--Preliminary
s. 1
(ii) provide that evidence that a firearm has
no serial number or has a serial number
which is illegible is, in the absence of
evidence to the contrary, proof that the
5 firearm is unregistered;
(iii) exempt health service workers from the
requirement to hold firearms licences in
respect of firearms handled by those
workers in the course of their
10 employment with a health service;
(iv) make other amendments to that Act in
relation to the licensing of firearms;
(b) to amend the Control of Weapons Act 1990
to--
15 (i) include imitation firearms within the
definition of prohibited weapons;
(ii) exempt health service workers from
any liability in respect of controlled
weapons handled by those workers in
20 the course of their employment with a
health service;
(c) to amend the Graffiti Prevention Act 2007
to--
(i) permit an authorised transport officer to
25 seize graffiti implements that the
officer believes have been, or will be,
used to commit an offence;
(ii) permit Councils to remove graffiti from
private property without giving notice
30 or obtaining permission from the owner
or occupier where notice has been
given and permission obtained
previously;
561357B.I-23/6/2010 2 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 1--Preliminary
s. 2
(d) to amend the Transport (Compliance and
Miscellaneous) Act 1983 to make
amendments consequential to the changes to
the Graffiti Prevention Act 2007 referred to
5 in paragraph (c)(i);
(e) to amend the Liquor Control Reform Act
1998 to include disorderly conduct under
section 17A of the Summary Offences Act
1966 as an offence for the purposes of
10 banning notices and exclusion orders.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
15 operation before 1 July 2011, it comes into
operation on that day.
__________________
561357B.I-23/6/2010 3 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 3
PART 2--AMENDMENT OF FIREARMS ACT 1996
3 Definitions
See: (1) In section 3(1) of the Firearms Act 1996--
Act No.
66/1996.
Reprint No. 5
(a) for the definition of approved handgun
5 as at target shooting match substitute--
1 September
2008 "approved handgun target shooting match
and
amending means--
Act Nos
12/2008, (a) a competitive target shooting
34/2008, match approved by the Chief
52/2008,
10 68/2008, Commissioner that is conducted
25/2009, by an approved handgun target
55/2009,
69/2009 and shooting club at an approved
13/2010. shooting range; or
LawToday:
www.
legislation.
(b) a handgun target shooting match
15 vic.gov.au conducted in another State or a
Territory that is recognised by the
Chief Commissioner under
section 16(12)(a) to be an
approved handgun target shooting
20 match;";
(b) insert the following definitions--
"serial number, of a firearm, means a
number that enables the firearm to be
individually identified that has been--
25 (a) assigned to the firearm by its
manufacturer; or
(b) stamped or otherwise affixed to
the firearm in accordance with
section 119A or 119B;
561357B.I-23/6/2010 4 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 3
work purposes in Victoria, in relation to the
requirement to hold a firearm licence,
means that the applicant or the holder
of the licence, as the case may be--
5 (a) is required under a contract of
employment or a contract for
services to hold a Victorian
firearm licence; or
(b) in the normal course of
10 conducting a business is required
to hold a Victorian firearm
licence.";
(c) in the definition of firearm--
(i) for "in parts and whether or not
15 operable or complete or temporarily or
permanently inoperable or
incomplete--" substitute "in parts--";
(ii) in paragraph (a), for "mechanical
means; or" substitute "mechanical
20 means; and";
(iii) for paragraph (b) substitute--
"(b) whether or not operable or
complete or temporarily or
permanently inoperable or
25 incomplete--";
(d) in the definition of vehicle for "vessel."
substitute "vessel;".
(2) Section 3(2) of the Firearms Act 1996 is
repealed.
561357B.I-23/6/2010 5 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 4
4 New section 8A inserted
After section 8 of the Firearms Act 1996
insert--
"8A Proof of registration of firearm
5 In any proceedings for an offence under this
Act, evidence that--
(a) a firearm does not have a serial
number; or
(b) the serial number of a firearm has been
10 erased, defaced or altered; or
(c) the serial number of a firearm is
illegible--
is admissible to establish that the firearm is
not registered and, in the absence of
15 evidence to the contrary, is proof of that
fact.".
5 Conditions applying to handgun licences
(1) For section 16(8) of the Firearms Act 1996
substitute--
20 "(8) For the purposes of this section, a handgun
target shoot must be--
(a) a handgun target shoot that is--
(i) conducted for the purposes of
preparation for participation in an
25 approved handgun target shooting
match; and
(ii) organised by an approved
handgun target shooting club; and
(iii) conducted on an approved
30 shooting range; or
561357B.I-23/6/2010 6 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 5
(b) a handgun target shoot conducted in
another State or a Territory that is
recognised by the Chief Commissioner
under subsection (12)(b) as complying
5 with paragraph (a).".
(2) After section 16(11) of the Firearms Act 1996
insert--
"(12) The Chief Commissioner may recognise--
(a) a handgun target shooting match
10 conducted in another State or a
Territory to be an approved handgun
target shooting match; or
(b) a handgun target shoot conducted in
another State or a Territory to be a
15 handgun target shoot that complies with
subsection (8)(a).
(13) The participation by a person in a handgun
target shooting match conducted in another
State or a Territory that the Chief
20 Commissioner has recognised under
subsection (12)(a) does not count as
participation in an approved handgun target
shooting match for the purposes of this
section and section 123C(1)(c) unless the
25 Chief Commissioner is satisfied that the
person participated in that handgun target
shooting match.
(14) The participation by a person in a handgun
target shoot conducted in another State or a
30 Territory that the Chief Commissioner has
recognised under subsection (12)(b) does not
count as participation in a handgun target
shoot for the purposes of this section unless
the Chief Commissioner is satisfied that the
35 person participated in that handgun target
shoot.
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Part 2--Amendment of Firearms Act 1996
s. 6
(15) A person who participates in a handgun
target shooting match or a handgun target
shoot conducted in another State or a
Territory must provide evidence of the
5 participation and details of each weapon
used to the approved handgun target
shooting club of which the person is a
member or, if the person is a member of
more than one such club, the club which has
10 been nominated by the person as his or her
principal club.
Note
Under section 123C a handgun target shooting club
must report to the Chief Commissioner the
15 participation by its members in any handgun target
shooting matches or handgun target shoots conducted
in another State or a Territory.
(16) The Chief Commissioner may, at any time
before deciding whether or not a person has
20 participated in a handgun target shooting
match or a handgun target shoot conducted
in another State or a Territory, require the
person to produce evidence of that
participation.".
25 6 General discretion of Chief Commissioner to refuse
longarm or handgun licence
After section 17(a) of the Firearms Act 1996
insert--
"(ab) if the applicant is not ordinarily resident in
30 Victoria unless--
(i) the Chief Commissioner is satisfied that
the applicant requires the licence for
work purposes in Victoria; and
(ii) the applicant is not a person to whom
35 section 185(2A) or (2B) applies; or".
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 7
7 General discretion of Chief Commissioner to refuse
junior licence
After section 20(a) of the Firearms Act 1996
insert--
5 "(ab) if the applicant is not ordinarily resident in
Victoria; or".
8 General discretion of Chief Commissioner to refuse
firearms collectors licence
After section 23(a) of the Firearms Act 1996
10 insert--
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
9 General discretion of Chief Commissioner to refuse
a firearms heirlooms licence
15 After section 27(a) of the Firearms Act 1996
insert--
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
10 General discretion of Chief Commissioner to refuse
20 a firearms ammunition collectors licence
After section 29(a) of the Firearms Act 1996
insert--
"(ab) if the applicant is not ordinarily resident in
Victoria; or".
25 11 Information which is required for an application for
a licence
After section 32(1) of the Firearms Act 1996
insert--
"(1A) If a person who is not ordinarily resident in
30 Victoria applies for a longarm or handgun
licence on the basis that the licence is
required for work purposes in Victoria, the
Chief Commissioner may require the person
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 12
to provide evidence that the work purposes
are genuine and that they require the person
to hold a Victorian firearm licence.".
12 General discretion of Chief Commissioner to refuse
5 to renew a licence or to alter or vary the conditions
of a licence
After section 42(2)(b) of the Firearms Act 1996
insert--
"(ba) if the applicant is not ordinarily resident in
10 Victoria unless--
(i) the Chief Commissioner is satisfied that
the applicant requires the licence for
work purposes in Victoria; and
(ii) the applicant is not a person to whom
15 section 185(2A) or (2B) applies; or".
13 Variation of licence for failure to comply with
participation condition
(1) In section 43A(1) of the Firearms Act 1996 omit
"for the period specified in the variation by the
20 Chief Commissioner, or, if no period is specified,
the period of 12 months".
(2) After section 43A(1) of the Firearms Act 1996
insert--
"(1A) The variation of a condition by the Chief
25 Commissioner under subsection (1) remains
in force--
(a) in the case of a first variation of
condition, for a period of 3 months
from the date on which the variation is
30 made; or
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 14
(b) in the case of a second or subsequent
variation--
(i) for the period specified by the
Chief Commissioner in the
5 variation, which must be not less
than 3 months and not more than
12 months from the date on which
the variation is made; or
(ii) if the Chief Commissioner does
10 not specify a period in the
variation, for a period of
12 months from the date on which
the variation is made.".
14 New section 43B inserted
15 After section 43A of the Firearms Act 1996
insert--
"43B Review of decision as to period of
variation
A person may apply to the Committee for a
20 review of a decision of the Chief
Commissioner as to the period of time
specified by the Chief Commissioner under
section 43A(1A)(b)(i).".
15 New section 46A inserted
25 After section 46 of the Firearms Act 1996
insert--
"46A Cancellation of licence held by
non-resident
(1) If the Chief Commissioner is satisfied that
30 the holder of a licence under this Part is not
ordinarily resident in Victoria and does not
require the licence for work purposes in
Victoria, the Chief Commissioner must
cancel the licence.
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 16
(2) The Chief Commissioner must give written
notification to the holder of the licence of the
cancellation of the licence.
(3) Subject to subsection (4), the holder of the
5 licence may apply to the Committee for a
review of the decision of the Chief
Commissioner to cancel the licence.
(4) An application to the Committee under
subsection (3) may only be made on the
10 ground that the holder of the licence that has
been cancelled is ordinarily resident in
Victoria or that the holder of the licence
requires the licence for work purposes in
Victoria.".
15 16 New sections 49A and 49B inserted
After section 49 of the Firearms Act 1996
insert--
"49A Restrictions on application for licence
following cancellation
20 (1) This section applies if the Chief
Commissioner cancels a licence under
section 49.
(2) The Chief Commissioner may specify a
period of time (not being more than
25 12 months after the date of cancellation)
within which the person who held the licence
is not entitled to apply for such a licence.
(3) If the Chief Commissioner does not specify a
period, the person who held the licence is not
30 entitled to apply for such a licence for a
period of 12 months after the date of
cancellation.
(4) If the person who held the licence applies for
the same category of licence, the application
35 is taken to be an application for a new
561357B.I-23/6/2010 12 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 17
licence and not for the renewal of the licence
that was cancelled.
49B Review of decision as to period of
disqualification
5 A person whose licence has been cancelled
under section 49 may apply to the
Committee for a review of a decision of the
Chief Commissioner under section 49A(2)
specifying the period of time within which
10 the person is not entitled to apply for such a
licence.".
17 New section 54AA inserted
After section 54 of the Firearms Act 1996
insert--
15 "54AA Health service workers who are exempt
from this Part
(1) A health professional or health service
security guard who is not a prohibited person
and who possesses or carries a firearm in a
20 health service facility in the circumstances
set out in subsection (3) does not commit an
offence against section 6, 6A, 7, 7A or 7B
for so doing and is not required to hold a
licence under this Part.
25 (2) An ambulance officer who is not a prohibited
person and who possesses or carries a
firearm in a health service facility or public
place in the circumstances set out in
subsection (3) does not commit an offence
30 against section 6, 6A, 7, 7A, 7B or 130(1) for
so doing and is not required to hold a licence
under this Part.
(3) For the purposes of subsections (1) and (2),
the circumstances are that the health
35 professional, health service security guard or
ambulance worker--
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Part 2--Amendment of Firearms Act 1996
s. 17
(a) is carrying out his or her duties as a
health professional, health service
security guard or ambulance worker, as
the case may be; and
5 (b) either--
(i) is given the firearm by a patient;
or
(ii) removes the firearm from a
patient; or
10 (iii) finds the firearm in the vicinity of
the patient; or
(iv) is given the firearm by a health
professional or ambulance worker
who has taken possession of the
15 firearm in the circumstances set
out in this subsection.
(4) A health professional, health security guard
or ambulance worker who takes possession
of a firearm in the circumstances set out in
20 subsection (3) must notify a member of the
police force as soon as practicable after
having taken possession of the firearm.
(5) The possession or carriage of a firearm by a
health security guard in a health services
25 facility in the circumstances set out in
subsection (3) does not affect the operation
of any licence held by the health security
guard under this Part as a requirement of his
or her work or contravene any conditions to
30 which the licence is subject.
(6) In this section--
ambulance worker means an operational
staff member of the ambulance services
as defined in the Ambulance Services
35 Act 1986;
561357B.I-23/6/2010 14 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 18
health professional means--
(a) a registered medical practitioner;
(b) a nurse or midwife;
(c) a registered psychologist;
5 health security guard means a security
guard licensed under the Private
Security Act 2004 when working in a
health service facility as a contractor or
an employee;
10 health service facility means--
(a) a day procedure centre; or
(b) a denominational hospital; or
(c) a multi purpose service; or
(d) a private hospital; or
15 (e) a public health service; or
(f) a public hospital--
as defined in the Health Services Act
1988.".
18 New section 57B inserted
20 After section 57A of the Firearms Act 1996
insert--
"57B Permits to assist in emergency or natural
disaster
(1) The Chief Commissioner may grant to a
25 person a permit to possess, carry or use a
category of firearm if--
(a) the person holds a licence or permit to
possess, carry or use that category of
firearm issued in another State or a
30 Territory that is the equivalent of a
licence or permit issued under this Part;
or
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 18
(b) the person is exempt under the laws of
another State or a Territory from the
requirement to hold a licence for that
category of firearm.
5 (2) The Chief Commissioner must not grant a
permit under subsection (1) unless the Chief
Commissioner is satisfied that it is necessary
to do so to assist in an emergency or a
natural disaster.
10 (3) A permit under this section remains in force
for the period specified by the Chief
Commissioner in the permit, which must not
be more than 3 months.
(4) Subject to subsection (3), the Chief
15 Commissioner may impose any conditions
on the permit that the Chief Commissioner
thinks fit.
(5) The conditions that the Chief Commissioner
may impose on a permit granted under this
20 section may include conditions for or with
respect to--
(a) the carriage and storage of firearms
under the permit; and
(b) the circumstances in which the Chief
25 Commissioner may cancel, suspend or
vary the permit and any other matters
related to cancellation, suspension or
variation.
(6) The holder of permit under this section does
30 not commit an offence under section 6 or 7
when acting under and in accordance with
the permit.
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Part 2--Amendment of Firearms Act 1996
s. 19
(7) The holder of permit must comply with the
permit.
Penalty: 60 penalty units or 12 months
imprisonment.".
5 19 Requirement to keep register of transactions
In section 87(2) of the Firearms Act 1996--
(a) in paragraph (a)(ii), for "and serial number"
substitute ", serial number and, where
known or available, model";
10 (b) in paragraph (b)(iii), for "and serial number"
substitute ", serial number and, where
known or available, model";
(c) in paragraph (c)(iii), for "and serial number"
substitute ", serial number and, where
15 known or available, model";
(d) in paragraph (d)(ii), for "and serial number"
substitute ", serial number and, where
known or available, model".
20 Permits for theatrical armourers
20 In section 92A(4)(a)(ii) of the Firearms Act 1996
omit "an imitation handgun or".
21 Keeping of register
In section 113(3)(a) of the Firearms Act 1996 for
"and serial number" substitute ", serial number
25 and, where known or available, model".
22 Approved handgun target shooting clubs--
reporting requirements
(1) In section 123C(1)(c)(iv) of the Firearms Act
1996 for "shoot." substitute "shoot; and".
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Part 2--Amendment of Firearms Act 1996
s. 23
(2) After section 123C(1)(c)(iv) of the Firearms Act
1996 insert--
"(v) each handgun target shooting match and
each handgun target shoot conducted in
5 another State or a Territory that that member
competed in and details of each handgun
used by that member at each such match and
shoot.".
23 Section 134C substituted
10 For section 134C of the Firearms Act 1996
substitute--
"134C Offence to possess a firearm with no serial
number
(1) A person must not, without reasonable
15 excuse, possess a firearm on which there is
no serial number.
Penalty: 240 penalty units or 4 years
imprisonment.
(2) In any proceeding against a person for an
20 offence under this section, it is not necessary
for the prosecution to prove that the person
knew, was aware, believed or suspected that
there was no serial number on the firearm.
(3) In any proceeding for an offence under this
25 section, it is a defence if the person charged
had reasonable grounds for believing that
there was a serial number on the firearm.
(4) To avoid doubt, a firearm in which the serial
number has been erased or removed is a
30 firearm on which there is no serial number.".
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Firearms and Other Acts Amendment Bill 2010
Part 2--Amendment of Firearms Act 1996
s. 24
24 Notification of change of certain details
After section 139(c) of the Firearms Act 1996
insert--
"(ca) the holder's ordinary place of residence;
5 and".
25 New sections 215 and 216 inserted
After section 214 of the Firearms Act 1996
insert--
"215 Transitional provision--Firearms and
10 Other Acts Amendment Act 2010--
interstate licence holders
(1) This section applies if, immediately before
the commencement of section 15 of the
Firearms and Other Acts Amendment Act
15 2010, a person holds a licence under Part 2
and the person's ordinary place of residence
is not in Victoria.
(2) Despite section 46A, until the expiry of the
licence, the person is not disqualified from
20 holding the licence merely because the
person's ordinary place of residence is not
Victoria.
216 Transitional provision--Firearms and
Other Acts Amendment Act 2010--
25 imitation firearms
(1) If, before the commencement of section
(3)(1)(c) of the Firearms and Other Acts
Amendment Act 2010, a licence was issued
under Part 2 in respect of an imitation
30 firearm and that licence is in force
immediately before that commencement--
(a) the licence remains in force after the
commencement until the date the
licence would otherwise have expired;
35 and
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Part 2--Amendment of Firearms Act 1996
s. 25
(b) while the licence remains in force and
when acting in accordance with the
licence, the holder of the licence is not
liable for an offence under section 5 of
5 the Control of Weapons Act 1990 in
respect of the weapon.
(2) In this section, imitation firearm has the
same meaning as in section 3(1) of the
Control of Weapons Act 1990.".
__________________
561357B.I-23/6/2010 20 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 3--Amendment of Control of Weapons Act 1990
s. 26
PART 3--AMENDMENT OF CONTROL OF WEAPONS
ACT 1990
26 Definitions
In section 3(1) of the Control of Weapons Act See:
Act No.
5 1990-- 24/1990.
Reprint No. 4
(a) insert the following definitions-- as at
8 November
"firearm has the same meaning as it has in 2007
and
section 3(1) of the Firearms Act 1996; amending
Act Nos
imitation firearm means a device-- 55/2009,
59/2009,
10 (a) the appearance of which could 68/2009 and
92/2009.
reasonably be mistaken for that of LawToday:
an operable firearm; but www.
legislation.
(b) which is not designed or adapted vic.gov.au
to discharge shot or a bullet or
15 other missile by the expansion of
gases produced in the device by
the ignition of strongly
combustible materials or by
compressed air or other gases,
20 whether stored in the device in
pressurised containers or produced
in the device by mechanical
means and is not capable of being
made to do so;
25 midwife means a person registered under the
Health Practitioner Regulation National
Law--
(a) to practise in the nursing and
midwifery profession as a midwife
30 (other than as a student); and
(b) in the register of midwives kept
for that profession;
561357B.I-23/6/2010 21 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 3--Amendment of Control of Weapons Act 1990
s. 27
nurse means a person registered under the
Health Practitioner Regulation National
Law to practise in the nursing and
midwifery profession as a nurse (other
5 than as a midwife or as a student);
registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
10 (other than as a student);
registered psychologist means a person
registered under the Health Practitioner
Regulation National Law to practise in
the psychology profession (other than
15 as a student).";
(b) in paragraph (a) of the definition of body
armour omit "within the meaning of
section 3(1) of the Firearms Act 1996";
(c) in the definition of prohibited weapon, after
20 "means" insert "an imitation firearm or".
27 Application and construction of Act
In section 4(1) of the Control of Weapons Act
1990 omit "within the meaning of section 3(1) of
the Firearms Act 1958".
25 28 New section 7A inserted
After section 7 of the Control of Weapons Act
1990 insert--
"7A Exemption of health service workers
(1) A health professional or health service
30 security guard who is not a prohibited person
and who possesses or carries a prohibited
weapon, a controlled weapon or a dangerous
article in a health service facility in the
circumstances set out in subsection (3) does
561357B.I-23/6/2010 22 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 3--Amendment of Control of Weapons Act 1990
s. 28
not commit an offence against section 5, 6
or 7 for so doing.
(2) An ambulance officer who is not a prohibited
person and who possesses or carries a
5 prohibited weapon, a controlled weapon or a
dangerous article in a health service facility
or public place in the circumstances set out
in subsection (3) does not commit an offence
against section 5, 6 or 7 for so doing.
10 (3) For the purposes of subsections (1) and (2),
the circumstances are that the health
professional, health service security guard or
ambulance worker--
(a) is carrying out his or her duties as a
15 health professional, health service
security guard or ambulance worker, as
the case may be; and
(b) either--
(i) is given the prohibited weapon,
20 controlled weapon or dangerous
article by a patient; or
(ii) removes the prohibited weapon,
controlled weapon or dangerous
article from a patient; or
25 (iii) finds the prohibited weapon,
controlled weapon or dangerous
article in the vicinity of the
patient; or
(iv) is given the prohibited weapon,
30 controlled weapon or dangerous
article by a health professional or
ambulance worker who has taken
possession of the weapon or
article in the circumstances set out
35 in this subsection.
561357B.I-23/6/2010 23 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 3--Amendment of Control of Weapons Act 1990
s. 28
(4) A health professional, health security guard
or ambulance worker who takes possession
of a firearm in the circumstances set out in
subsection (3) must notify a member of the
5 police force as soon as practicable after
having taken possession of the prohibited
weapon, controlled weapon or dangerous
article.
(5) In this section--
10 ambulance worker means an operational
staff member of the ambulance services
as defined in the Ambulance Services
Act 1986;
health professional means--
15 (a) a registered medical practitioner;
or
(b) a nurse or midwife; or
(c) a registered psychologist;
health security guard means a security
20 guard licensed under the Private
Security Act 2004 when working in a
health service facility as a contractor or
an employee;
health service facility means--
25 (a) a day procedure centre; or
(b) a denominational hospital; or
(c) a multi purpose service; or
(d) a private hospital; or
(e) a public health service; or
561357B.I-23/6/2010 24 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 3--Amendment of Control of Weapons Act 1990
s. 28
(f) a public hospital--
as defined in the Health Services Act
1988.".
__________________
561357B.I-23/6/2010 25 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 4--Amendment of Graffiti Prevention Act 2007 and Transport
s. 29
(Compliance and Miscellaneous) Act 1983
PART 4--AMENDMENT OF GRAFFITI PREVENTION ACT
2007 AND TRANSPORT (COMPLIANCE AND
MISCELLANEOUS) ACT 1983
See: 29 Amendment of section 3 of the Graffiti Prevention
Act No.
5 59/2007 Act 2007
and
amending In section 3 of the Graffiti Prevention Act 2007
Act No.
6/2010.
insert the following definition--
LawToday:
www. "graffiti offence means--
legislation.
vic.gov.au (a) an offence against this Act; or
10 (b) an offence against regulation 27, 27A
or 48 of the Transport (Conduct)
Regulations 2005;".
30 New section 17A inserted in Graffiti Prevention
Act 2007
15 After section 17 of the Graffiti Prevention Act
2007 insert--
"17A Seizure of graffiti implement
(1) An authorised transport officer may seize
from a person a graffiti implement, using
20 reasonable force if necessary, if the
authorised transport officer believes on
reasonable grounds that the graffiti
implement has been, or will be, used to
commit a graffiti offence.
25 (2) Despite subsection (1), an authorised
transport officer must not seize a graffiti
implement under that subsection unless--
(a) the authorised transport officer--
(i) has complied with the
30 requirements of section 218B of
the Transport (Compliance and
Miscellaneous) Act 1983; and
561357B.I-23/6/2010 26 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 4--Amendment of Graffiti Prevention Act 2007 and Transport
s. 30
(Compliance and Miscellaneous) Act 1983
(ii) informed the person in possession
of the graffiti implement of the
grounds for his or her belief that
the graffiti implement has been, or
5 will be, used to commit a graffiti
offence; and
(iii) asked the person to hand over the
graffiti implement; and
(iv) informed the person that the
10 authorised transport officer has the
power under this Act to seize the
graffiti implement in these
circumstances; and
(b) the graffiti implement is fully or
15 partially visible immediately before it is
seized.
(3) If the person voluntarily hands over the
graffiti implement, the graffiti implement is
taken to have been seized under this section.
20 (4) Nothing in this section authorises an
authorised transport officer to search a
person or to seize anything that is not fully or
partially visible immediately before it is
seized.
25 (5) In this section, authorised transport officer
means a person authorised by the Director of
Public Transport under section 221A or
221AB of the Transport (Compliance and
Miscellaneous) Act 1983.".
561357B.I-23/6/2010 27 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 4--Amendment of Graffiti Prevention Act 2007 and Transport
s. 31
(Compliance and Miscellaneous) Act 1983
31 Amendment of section 18 of the Graffiti Prevention
Act 2007
After section 18(3) of the Graffiti Prevention
Act 2007 insert--
5 "(3A) Within 12 months after a Council has taken
action under subsection (3) to remove or
obliterate graffiti on private property and
subject to subsection (3B), the Council may
take further action to remove or obliterate
10 graffiti subsequently marked on the property
without giving notice to, or obtaining the
consent of, the owner or occupier.
(3B) A Council may not take further action under
subsection (3A) to remove or obliterate
15 graffiti marked on a property if the Council
has received from the owner or occupier of
the property an objection to the further action
being taken.".
32 Amendment of section 24 of the Graffiti Prevention
20 Act 2007
In section 24(1) of the Graffiti Prevention Act
2007 for "an offence against this Act" (wherever
occurring) substitute "a graffiti offence".
33 Amendment of section 25 of the Graffiti Prevention
25 Act 2007
For section 25(2) of the Graffiti Prevention Act
2007 substitute--
"(2) If a seized article, thing or material is
required under subsection (1) to be returned
30 to the person from whom it was seized,
notice must be given to that person of his or
her right to have it returned.
561357B.I-23/6/2010 28 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 4--Amendment of Graffiti Prevention Act 2007 and Transport
s. 34
(Compliance and Miscellaneous) Act 1983
(2A) For the purposes of subsection (2), the notice
must be given--
(a) if the article, thing or material was
seized under section 17A by an
5 authorised transport officer and has not
been handed over to a member of the
police force, by the person in the
Department of Transport or the
passenger transport or bus company, as
10 the case may be, who is responsible for
the custody of the article, thing or
material; or
(b) otherwise, by the member of the police
force in charge of the police station at
15 which the seized article, thing or
material is kept.".
34 Amendment of Transport (Compliance and See:
Act No.
Miscellaneous) Act 1983 9921.
Reprint No. 14
(1) In section 218B(2) of the Transport as at
31 July 2009
20 (Compliance and Miscellaneous) Act 1983 after and
"regulations" insert "or against the Graffiti amending
Act Nos
Prevention Act 2007". 71/2006,
13/2009,
(2) In section 219(1) of the Transport (Compliance 45/2009,
and Miscellaneous) Act 1983 for "any regulation 68/2009,
69/2009,
25 made under this Act" substitute "the regulations 91/2009,
or against the Graffiti Prevention Act 2007". 93/2009,
6/2010,
16/2010 and
19/2010.
LawToday:
www.
legislation.
vic.gov.au
__________________
561357B.I-23/6/2010 29 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 5--Amendment of Liquor Control Reform Act 1998
s. 35
PART 5--AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998
See: 35 Amendment of Schedule 2 to the Liquor Control
Act No.
94/1998. Reform Act 1998
Reprint No. 5
5 as at In Schedule 2 to the Liquor Control Reform Act
1 April 2010
and
1998 after item 5 insert--
amending
Act Nos "5A Disorderly conduct
9/2008,
88/2009, An offence against section 17A of the
13/2010 and
18/2010.
Summary Offences Act 1966.".
LawToday:
www.
legislation.
vic.gov.au
__________________
561357B.I-23/6/2010 30 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Part 6--Repeal of Amending Act
s. 36
PART 6--REPEAL OF AMENDING ACT
36 Repeal of amending Act
This Act is repealed on 1 December 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561357B.I-23/6/2010 31 BILL LA INTRODUCTION 23/6/2010
Firearms and Other Acts Amendment Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561357B.I-23/6/2010 32 BILL LA INTRODUCTION 23/6/2010
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