LICENSING GUIDE - Australia Capital Territory

1. Licensing requirements

Section 23 of the Australia Capital Territory's Firearms Act 1996 sets out a comprehensive table detailing the 'genuine reasons' for the possession and use of a firearm. Included are the following:

• Sport/target shooting.
• Recreational hunting/vermin control
• Primary production.
• Vertebrate pest animal control.
• Business or employment.
• Occupational requirements relating to rural purposes.
• Animal welfare
• Firearms collection.

Under the conditions layed down in the table a licence applicant whose genuine reason is sport or target shooting must be an active member of an "approved club". Anyone seeking to licence a firearm for recreational hunting or vermin control must produce proof that they have the permission of an owner or occupier of land, or that they are an active member of a club conducting recreational hunting activities. In the case of hunting or vermin control on land within a reserved area under the Nature Conservation Act 1980, licensees must produce evidence of permission given by an officer of the ACT Parks and Conservation Service or ACT Forests.

• Anyone seeking a Collectors license must be a member of collectors club or association.

• A 28 day waiting period applies to the issuing of all permits to acquire a firearm.

• All new licensees in the ACT are required to complete a safety training course conducted by an accredited 'Authorised Firearm Instructor'.

2. Storage requirements

Section 62 of the Act deals with the issue of the 'Safe keeping of firearms' and has some bearing on the transportation of firearms within the ACT. The Section requires that a person who possesses a firearm shall take all reasonable precautions to ensure its safe keeping, that it is not stolen or lost and that it does not come into the possession of a person who is not authorised to possess the firearm. Under regulation 52, when transported, prohibited firearms (category C, D and H) must not be loaded, they must be kept separate from any ammunition and must be transported in a secure manner in the possession or control of the license holder.

Under Sections 63 and 64 of the Act, category A and B firearms must be stored in a locked receptacle of a type approved by the Registrar. If the receptacle weighs less than 150kg when empty it must be fixed in position in order to prevent its easy removal. Category C, D and H firearms must be held in a receptacle of a type approved by the Registrar which is bolted to the structure of the premises. All ammunition must be stored in a separate locked container approved by the Registrar.

Under Section 36 of the regulations, if at all possible the firing mechanism must be removed from category A and B firearms and stored separately. Under Section 37 of the regulations premises in which a category D firearm is stored must be fitted with an intruder alarm as defined in the Act.

3. Hunting

Hunting is permitted on private property where written permission has been given (in line with the 'genuine reason' criteria) and on Australia Capital Territory controlled land with appropriate authorisation.

4. Moving between states

Section 43 of the Firearms Act, provides for temporary recognition of interstate licenses for the purposes of attending competition, or the prescribed purpose relating to the possession or use of a firearm. The licensee must hold a corresponding license in their home state for the particular category of firearm (A,B or H) used for the competition etc. License holders who move to the ACT permanently must notify the Registrar in writing of their intention. In which case their out-of-state license for category A and B firearms is valid of three months. In the case of category C and H firearms the period is 7 days.

Note: A category D firearm cannot be registered in the ACT without the written authority of the Minister.

5. Juniors

Under Section 49 of the Act, the ACT issues two types of minor's permit; a 'Minor's firearm permit' and a 'Minor's target pistol permit'. The holder must be at least 12 years of age and demonstrate that they have the written permission of a parent or guardian, that they have received safety instruction and are a member of an approved club. The permit authorises the holder to use a firearm of a specific category when either receiving safety training as in the case of an 'Authorised Firearm Instructor', or target shooting on an approved shooting range under the supervision of a licensee who holds a permit for a similar category. Minor's permits expire on the holder's 18th birthday.