Letter received by SSAA member concerning confiscation of powerhead firearm
28 January 1998
Firearms Registry
GPO Box 2807AA
Melborune 3001
Dear Sir,
Re: Powerhead firearms and legislative changes re same.
A review of records held at the Victoria Police Firearms Registry has indicated that you are the registered owner of a powerhead firearm.
On the 29th April, 1997 the Firearms Act 1996 was proclaimed. Section 15 of the Act relates to the issue of handgun licences and states-
The Chief Commissioner may licence a person to possess, carry or use a handgun for all or any of the following reasons-
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for the occupation of security guard or prison guard;
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for target shooting
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for an official or commercial purpose or for a purpose authorised by an Act or regulations.
Part 1 of the Firearms Act 1996 pronounces the purposes of this Act, and does not allow "self defence" to be used as a reason for obtaining a licence to possess, carry or use a firearm.
Section 28 of the Fisheries (Recreational) Regulations 1992 also makes it an offence against those Regulations to use any firearm to take, kill or destroy fish.
The Fishing (General) Regulations 1981 which preceded these Regulations did provide for the use of "shark guns" (i.e., powerheads) to kill sharks other than specified species.
In preparing a Regulatory Impact Statement for the introduction of the Fisheries (Recreational) Regulations 1992, the then Department of Conservation and Environment consulted with the Victorian Underwater Federation through the Amateur Fishing Consultative Committee of Victoria and determined that the use of powerheads should not continue because of the likely impact on threatened species of sharks.
Subsequently the exemption for the use of a firearm (powerhead) to kill sharks was removed from the Regulations.
The Firearms Act 1996 does not provide for the licensing of a firearm if the firearm is to be used for a purpose that is prohibited under another Act.
The fundamental policy issues on this matter relate to the responsibility of the Department of Natural Resources and Environment for the management and control of fishing in Victoria under the Fisheries Act 1966 and Regulations. Recent consultation with the Department sees no compelling reason to reintroduce the exemption allowing the use of powerheads on sharks.
As can be noted from the above legislation from the Firearms Act 1996, the issue of a handgun licence for the use of a powerhead for "self protection" has not been facilitated for and under the Fisheries (Recreational) Regulations 1992, it prohibits the use of a firearm to kill or destroy fish.
Accordingly your powerhead firearm must be disposed of to a licenced gundealer or surrendered to a police station and a Notice of Abandonment completed.
For your information I have attached the relevant documentation in regard to Part 1 of the Firearms Act 1996 pronouncing the purpose of the Act , Section 15 which allows provision for the issue of a handgun licence, and Section 28 of the Fisheries (Recreational) Regulations 1992 which prohibits the use of a firearm to take, kill or destroy fish.
(Signed)
R.Soden
Senior Constable 20412
FIREARMS REGISTRY
Copy held SSAA National
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