Victorian Government Reviewing Firearms Regulations
Monday 5 February 2018 @ 9.57 a.m. | Legal Research
The Victorian Government is currently reviewing submissions on the exposure draft and the regulatory impact statement (RIS) to the Firearms Regulations 2018 (the ‘proposed regulations’). These regulations propose to replace the Firearms Regulations 2008 (the ‘2008 regulations’), which are due to expire on 8 April 2018.
Firearm Laws in Victoria
The laws regulating firearms in Victoria are prescribed by the Firearms Act 1996 (the Act). The overriding purpose of this Act is “to give effect to the principle that the possession, carriage, use, acquisition and disposal of firearms are conditional on the need to ensure public safety and peace” (section 1).
The 2008 regulations, as well as the preceding Firearms Regulations 1996, were made under the Act to regulate (RIS, p 5):
- fees for the issue and renewal of licences and permits granted under the Act and for applications for review of decisions of the Chief Commissioner
- devices that are excluded from the definition of ‘firearm’
- the particulars to be entered on firearm dealers’ and collectors’ registers
- offences in respect of which infringement notices may be issued
- requirements for certain uses of firearms on private land, and
- the manner in which searches without warrant may be conducted.
The Review
The review of the 2008 regulations began in June 2017 with a number of targeted consultations with key stakeholders. After the consultations were completed in November 2017, the draft RIS and regulations were released on 21 December 2017, with submissions closing on 25 January 2018. Analysis of the submissions is now taking place with the proposed regulations expected to be notified around April 2018.
The RIS assists in explaining the proposed regulations, as well as assisting in outlining other potential options for amending the regulations. Throughout the RIS, therefore, analyses of the impact of the current and proposed regulations are made, particularly with regard to: fee related decisions, non-fee related decisions, small business and competition impacts, and implementation.
The Draft Regulations
With a proposed commencement date of 7 April 2018, the draft regulations would revoke and replace the Firearms Regulations 2008 and the Firearms Amendment Regulations 2012. The objectives of the proposed regulations are to prescribe:
- devices that do not fall within the definition of firearms; and
- requirements applying to the suppression of pest animals using category C longarms; and
- requirements for target shooting on private land; and
- the particulars to be entered on the register of transactions kept by licensed firearms dealers; and
- the maximum fee that may be charged by licensed firearms dealers acting as agents in firearms transactions; and
- the particulars to be entered on the register kept by licensed firearms collectors; and Part 1—Preliminary Firearms Regulations Exposure Draft 2
- fees for the application, issue and renewal of licences and for permits and for the issue of duplicate licences under the Act; and
- fees for applications to the Committee for the review of decisions made by the Chief Commissioner; and
- waivers, reductions and refunds of fees; and
- the manner in which searches without warrant under the Act are to be conducted and the particulars to be included in records of those searches; and
- offences in respect of which infringement notices may be issued; and
- matters necessary or expedient to be prescribed for giving effect to the Act.
The draft regulations are therefore divided into a number of parts, each dealing with various issues related to firearm regulation. Some examples are:
- Part 2: Exempt devices and prescribed items
- Part 3: Use of firearms on private property
- Part 4: Requirements for dealers
- Part 5: Firearms collectors register
- Part 6: Fees
- Part 7: Searches of persons or vehicles
- Part 8: Infringement offences
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Sources:
The Firearms Regulations are being reviewed (January 2018). Department of Justice and Regulation.
Firearms Regulations 2018, exposure draft: available from TimeBase's LawOne service.
Firearms Regulations 2008: available from TimeBase's LawOne service.
