No [30th September, 1958.]

Transcription

1 1958. Firearms. No No FIREARMS ACT An Act to consolidate the Law relating to Firearms. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1. This Act may be cited as the Firearms Act 1958, and shall short title come into operation on a day to be fixed by proclamation of the mem and Governor in Council published in the Government Gazette, and Parti 0 " into is divided into Parts as follows: Part I. Introductory ss Part II. Gun Dealers' Licences ss Part III. Firearm Certificates ss Part IV. General ss (1) The Acts mentioned in the First Schedule to this Act R epea i. to the extent thereby expressed to be repealed are hereby repealed First schedule, accordingly. (2) Except as in this Act expressly or by necessary implication provided (a)' all persons things and circumstances appointed or created by or under the repealed Acts, or existing or continuing under any such Acts immediately

2 Firearms. No before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any regulation authority appointment application licence certificate warrant appeal approval or refusal liability or right made entered issued or given accrued incurred acquired or existing or continuing by or under the repealed Acts before the commencement of this Act; nor shall such repeal affect the operation or effect of sub-section (2) of section thirty-three or sub-section (1) of section thirty-nine of the Firearms Act 1951 notwithstanding the repeal thereof. interpretation. S - «&2 s - V subject-matter J No s. 2. Auctioneer." " Authorized officer of police." ' Company." PART I. INTRODUCTORY. 3. (1) In this Act unless inconsistent with the context or " Auctioneer " means a person holding an auctioneer's licence under the Auction Sales Act "Authorized officer of police" means a member of the police force authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) to grant renew vary and revoke firearm certificates or to carry out any other powers or authorities or to perform any duties of an authorized officer of police under this Act. " Company " includes society registered under the Industrial and Provident Societies Act " Firearm " means any lethal firearm or other weapon of any description from which any shot bullet or other missile can be discharged and includes a pistol and also includes any firearm or weapon from which for the time being any shot bullet or other missile cannot be discharged because of the absence or defect of some part or parts thereof or because of some obstruction therein but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would again be capable of discharging a shot bullet or other missile: Provided that a smooth bore shot-gun which is not less than thirty inches long overall and the barrel of which is not less than sixteen inches long or an

3 1958. Firearms. No air-gun or air-rifle (other than an air-gun or air-rifle of a type declared by the regulations to be specially dangerous) or any industrial tool designed and intended for use for fixing any fastener or plug or for any other similar purpose shall not be deemed to be a firearm for the purposes of this Act. " Firearm certificate " means a valid and subsisting firearm "Firearm certificate.' certificate under this Act. "Gun dealer" means a person who by way of trade or "Gun dealer.- business manufactures sells deals in repairs tests or proves firearms or has in his possession firearms for sale dealing repair testing or proving, whether such person manufactures deals in sells repairs tests or proves any other goods or not. " Gun dealer's licence " means a valid and subsisting gun ^(G :n^<!f aler, ' dealer's licence under this Act. lcence ' " Licensed " means licensed pursuant to this Act. " Licensed." " Licensee " means the holder of a gun dealer's licence. " Licensee." " Machine gun " means any lethal firearm or other weapon Machine of any description which is so constructed or which 8un " can be so adapted that, if pressure is applied to the trigger or other like appliance attached thereto, bullets or other missiles continue to be automatically discharged therefrom in succession until the pressure is removed from the trigger or other appliance or the magazine containing the bullets or other missiles is empty, and without affecting the generality of the foregoing includes every firearm or weapon which is commonly known as a machine gun a sub-machine gun a tommy gun a machine rifle or a machine pistol, and also includes any such firearm or weapon from which for the time being bullets or other missiles cannot be discharged as aforesaid because of the absence or defect of some part or parts thereof or because of some obstruction therein, but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would again be capable of discharging bullets or other missiles as aforesaid. " Marine stores dealer " means any person holding a licence " Marine t> under the Marine Stores and Old Metals Act 1958 to act as a dealer and to carry on the business of dealing in and buying and selling special wares. " Part " means Part of this Act. " pan." " Pawnbroker " means any person holding a licence under - p a wnthe Pawnbrokers Act broker "

4 Firearms. No " Person. " Person " includes company. " Pistol." " Pistol" means any lethal firearm or other weapon of any description which is capable of being concealed about the person, and includes any such firearm or weapon from which for the time being any shot bullet or other missile cannot be discharged because of the absence or defect of some part or parts thereof or because of some obstruction therein but which if such part or parts were replaced renewed or repaired or such obstruction removed would again be capable of discharging a shot bullet or other missile, but does not including any sporting or military weapon the length of which overall is not less than thirty inches and the length of the barrel of which is not less than sixteen inches or any industrial tool designed and intended for use for fixing any fastener or plug or for any other similar purpose. " Possession." " Possession" in relation to any firearm or prohibited weapon includes, as well as the actual physical possession thereof, the custody or control thereof or the having and exercising access thereto either solely or in common with others. " Prescribed." " Prescribed" means prescribed by this Act or the regulations. " Registered." " Registered " means registered pursuant to this Act. *; Regu ;> " Regulations " means regulations made under this Act. " second-hand " Second-hand dealer " means any person holding a licence dealer " under the Second-hand Dealers Act sen " " Sell " includes offer to sell or expose or have in possession " ieuer." nd for sale, and also includes barter or exchange; and " sale" and " seller" have corresponding interpretations. ' shootmg " Shooting gallery " means any room gallery saloon land " or premises used with the permission of the council of any municipality (including the city of Melbourne and the city of Geelong) for the purpose of practising shooting with otherwise. firearms whether on payment or " wholesale " Wholesale gun dealer " means a person who carries on gun dealer." tne business of dealing in or selling fiearms by wholesale and not otherwise, whether or not such person deals in or sells any other goods by wholesale or by retail. Provisions as (2) The provisions of this Act as to selling and purchasing loappi" 8^'* shall apply to letting on hire giving lending transferring disposing!i c ire. n i^. n of and parting with possession, and to acquiring hiring accepting borrowing and taking into possession or custody for repair testing

5 1958. Firearms. No proving or inspection or for any other purpose whatsoever in the same manner as they apply to selling and to purchasing, and the words " seller " and " purchaser " shall be construed accordingly. (3) In this Act any reference to a conviction for a felony or *J e^encesto for an indictable offence shall be deemed to include a reference to convictions. a conviction at any place outside Victoria for an offence which if committed in Victoria would be a felony or an indictable offence (as the case may be). 4. (1) Nothing in this Act relating to firearms shall apply ' i! ' to the possession by the trustees of the Museum of Applied No. 56io s. 4. Science of Victoria or by any person or body of persons having the control or management of any prescribed museum of any firearms or other weapons vested in belonging to or under the control or management of such trustees person or body of persons as such. (2) Nothing in this Act relating to firearms shall apply to Antique an antique firearm which is sold bought carried or possessed firearms - as a curiosity or ornament if the owner has given notice thereof in the prescribed form to the Chief Commissioner of Police and the said Chief Commissioner has by writing signified that this Act shall not apply thereto. (3) In the last preceding sub-section " antique firearm " means a firearm which is not only of an obsolete pattern but is also incapable of discharging any kind of ammunition ordinarily obtainable. (4) The provisions of this Act shall be read and construed as Act to be in in aid of and not in derogation from the provisions of any other Acts 3 / 0 " 1 " Act or enactment relating to firearms. PART II. GUN DEALERS' LICENCES. 5. Subject to this Act a person shall not manufacture sell Gun dealers to deal in repair test or prove firearms by way of trade or business be licensed - or otherwise carry on business as a gun dealer unless he holds No s a gun dealer's licence in respect of the premises where he carries on the trade or business and such licence is for the time being in force. 6. (1) Except to the extent prescribed and except as otherwise This Part not expressly provided in this Act nothing in this Part shall apply certain cases. to or affect any duties rights privileges liabilities or obligations NO. 56io s.6. as such of any auctioneer or any wholesale gun dealer. (2) The Governor in Council may by the regulations (a) exempt to the extent prescribed therein any person Power to or class of persons from the operation of this Part; S^oni* and pan -

6 Firearms. No (b) prescribe that any provisions of this Part and the regulations (with such modifications as are necessary or seem desirable) shall apply to persons so exempted or to any persons referred to in sub-section (1) of this section. As to pawnbrokers. As to duties of auctioneers and wholesale gun dealers. Register books. Sale of firearms to uncertified persons, &c. (3) A pawnbroker shall not take in pawn a firearm from any person. (4) Notwithstanding anything in this section (a) the provisions of this Act relating to a register of transactions shall with such alterations modifications and substitutions as are necessary or as are prescribed extend and apply to every auctioneer and wholesale gun dealer who buys or sells firearms by way of or in the course of his trade or business; and (b) nothing in this section shall entitle any auctioneer or wholesale gun dealer to sell a firearm to any person who is not the holder of a firearm certificate entitling him to purchase such a firearm or does not give reasonable proof that he is by virtue of this Act entitled to purchase the firearm without having such a certificate. Application for gun dealer's licence or renewal. No s. 7. Transfer of licence by indorsement. 7. (1) If any person desiring to carry on business as a gun dealer and not disqualified as provided in this Act makes an application in the prescribed form and furnishes the prescribed particulars the Chief Commissioner of Police or any authorized officer of police may subject to this Act issue to such person a gun dealer's licence in respect of the premises at which he is to carry on such business and may from time to time renew any such licence: Provided that if the said Chief Commissioner or authorized officer of police is satisfied that any applicant cannot be permitted to carry on or to continue to carry on the business of a gun dealer without danger to the public safety or to the peace or that the premises or proposed premises are unsuitable for a gun dealer's place of business he may refuse to issue or renew a licence to such applicant or in respect of those premises (as the case may be): Provided further that no gun dealer's licence shall be issued or renewed to any marine stores dealer or (unless his business consists principally in the buying and selling of firearms) to any second-hand dealer. (2) Upon application in the prescribed form and on the prescribed particulars being furnished the Chief Commissioner of Police or any authorized officer of police may by indorsement

7 1958. Firearms. No transfer a gun dealer's licence at any time during which it is in force from one person to another or from one place of business to another place of business. (3) Every gun dealer's licence shall be in the prescribed J?"^" 0 " of form and shall unless annulled as hereinafter provided remain in force until the last day of June in the financial year for which it is issued and no gun dealer's licence or renewal thereof shall have any force or effect except during the financial year for which it is issued. (4) For every gun dealer's licence or renewal thereof the Fees. applicant shall with his application pay such fee as is prescribed not being more than Two pounds if such licence is for the full period of twelve months, or such smaller fee (not being less than Five shillings) proportioned to the time the licence is to be in force as is prescribed. (5) For every transfer by indorsement of a gun dealer's licence there shall be paid by the applicant the prescribed fee not being more than Two shillings and sixpence. (6) No gun dealer's licence shall be of any force or effect Each licence with regard to more than one place of business, but any person o < ne < piice S 1 f y business. may carry on the business of a gun dealer at two or more separate premises if he holds a separate gun dealer's licence in respect of each of those premises. (7) Any licensed gun dealer who keeps or stores any firearms Firearms to.be at any place other than the premises for which his gun dealer's ucensvd licence is in force shall be guilty of an offence against this Act. P remises - 8. (1) It shall not be necessary for two or more persons Provision as carrying on business in partnership to take out a separate gun dealer's licence hereunder for each member of such partnership and one such licence may be granted to all the members of such partnership. (2) A company may apply for and be granted a gun dealer's Provision as licence. to companies. (3) Such a licence may on payment of the prescribed fee be granted in respect of the principal office of the company and in respect of each branch or agency of the company on payment of the like fee for each such branch or agency. (4) Every company being the holder of a gun dealer's licence shall be liable for any offence under this Part and subject to the same penalties as if it were a private person and the manager (by whatever name called) and every director secretary or officer of such company who knowingly authorizes or permits the commission of any such offence shall also be liable therefor and subject to the penalties or imprisonment or both provided in respect thereof. to firms. No s. 8.

8 Firearms. No Licence to cease if business premises assigned, &c. No s If any licensee during the currency of his gun dealer's licence assigns demises or parts with the possession of the premises in respect of which the said licence is in force the said licence shall thereupon cease and be deemed to be annulled (unless transferred to some other premises or to some other person as provided in this Part) and shall be delivered up to and be cancelled by the Chief Commissioner of Police or any authorized officer of police. Provision for carrying on business on death, bankruptcy or lunacy of licensee. No s Where any licensee during the currency of a gun dealer's licence (a) dies or becomes bankrupt or assigns his estate for the benefit of his creditors then his executors or administrators or the trustee receiver or assignee, or if probate of the will or letters of administration of the estate of any such deceased licensee have not been granted then the widow or widower (as the case may be) or any member of the family of such licensee of the age of twenty-one years or upwards or any person on behalf of such family; or (b) becomes a lunatic patient within the meaning of the Mental Hygiene Act 1958 then the wife or husband (as the case may be) or any member of the family of such licensee of the age of twenty-one years or upwards or any person on behalf of such family or any person nominated for the purpose by the Public Trustee may make application to the Chief Commissioner of Police or any authorized officer of police that special authority to carry on the business of the licensee until the expiration of the licence be given to some person (whether an applicant or not) named in the application, and the said Chief Commissioner of Police or authorized officer of police may if he thinks fit grant such special authority accordingly; and the person to whom any such special authority is granted shall be subject to the same obligations and penalties or imprisonment or both as if such person were the person named in the said licence. Books of particulars of licences. No s. 11. Inspection book. 11. (1) The Chief Commissioner of Police or authorized officer of police by whom any gun dealer's licence is issued renewed transferred annulled or cancelled shall cause to be entered in a book to be kept for the purpose the particulars of the issue and any renewal transfer annulment or cancellation of the said licence. (2) On payment of a fee of One shilling any person may inspect any such book and may take a copy of any entry therein.

9 1958. Firearms. No (1) If the holder of a gun dealer's licence applies to have Annulment of licence. his licence annulled, or if the Chief Commissioner of Police or No 5610s 1X any authorized officer of police, after giving reasonable notice to the licensee, is satisfied that the licensee is no longer carrying on the business of a gun dealer or has ceased to carry on such business at the premises in respect of which the licence is in force, or cannot be permitted to carry on such business without danger to the public safety or the peace, or if the premises in respect of which the licence is in force have become unsuitable or if the holder of a gun dealer's licence is convicted (whether before or after the issue of such licence) of any indictable offence or any offence under Part III. of the Police Offences Act 1958 the said Chief Commissioner or authorized officer of police may annul such licence and may for that purpose require such licence to be delivered up to him within forty-eight hours after receipt by the said holder of a notice in writing in that behalf personally served upon or sent by post to the said holder. (2) Any licence if annulled under this Act shall be cancelled cancellation by the said Chief Commissioner or authorized officer of police. llcence " (3) Any holder of a gun dealer's licence who does not deliver Penalty, up his licence in accordance with any requirement of this Act or any notice served or sent as aforesaid shall be guilty of an offence and shall be liable to a penalty of not more than Twenty pounds, but the annulment of such licence shall be effectual notwithstanding the failure to deliver up. (4) Before any gun dealer's licence is annulled under this Showing cause section the holder thereof shall be afforded an opportunity of Annulment. bringing before the said Chief Commissioner or authorized officer of police any reasons such holder may have to give against such annulment. (5) Where the holder of a gun dealer's licence is convicted prohibition of an offence under this Act the court may annul the licence and fujenstng, &c ntvw urucx of holders, &c, who are (a) that neither the said holder nor any person who Xnce'sunder acquires the business of that holder, nor any person Act - who took part in the management of the business and was knowingly a party to the offence, shall be qualified to have a gun dealer's licence issued to him or to have such a licence renewed to him or transferred to any other person or to any other place of business; (b) that no person who after the date of the order knowingly employs in the management of his business the person convicted of the offence, or any person who was knowingly a party to the offence, shall be qualified to have a gun dealer's licence issued to him or to have such a licence renewed to him or transferred to any other person

10 Firearms. No Appeal or to any other place of business; or if a licence has been so issued or renewed to him or has been so transferred that such licence be annulled; (c) that the particulars of any annulment under this sub-section be entered in the book containing the particulars of the issue or transfer of the licence; and (d) that any stock in hand of the business shall be disposed of by sale or otherwise in accordance with such directions as are contained in the order: Provided that where any order has been made under this sub-section any person aggrieved by the order may under this Act appeal against the order to a court of general sessions. Such appeal shall be subject to the conditions and regulations set out in section one hundred and forty-two of the Justices Act Penalty on unlicensed gun dealer. No. S610 s (1) Any person not being the holder of a gun dealer's licence who in contravention of the provisions of this Part carries on the business of a gun dealer or who takes uses or exhibits the name or title of or pretends to be a gun dealer or who advertises or notifies that he carries on the business of a gun dealer or who takes or uses any title or term or sign or symbol which may be construed to mean that he is qualified to be or willing to act as a gun dealer within the meaning of this Act shall be guilty of an offence and shall be liable to a penalty of not less than Twenty-five pounds and not more than Three hundred pounds or to imprisonment for a term of not more than two years or to both such penalty and imprisonment, and shall be liable to a further penalty of not more than Five pounds for each day any contravention of this section is continued after any conviction therefor. (2) In all proceedings against any person for any offence j^oti^nied 4 a S amst m i s section it shall in the absence of proof to the contrary be presumed that the defendant is not the holder of a gun dealer's licence. Licensee not to lend licence. No s Any licensee who lets out hires or lends his gun dealer's licence to any other person shall be guilty of an offence and on conviction for such offence such licence shall thereupon be deemed to be annulled and shall be delivered up to and be cancelled by the Chief Commissioner of Police or any authorized officer of police. Production of licence. No s Every licensee shall on demand at the premises upon which he carries on his business produce his gun dealer's licence to any member of the police force and in default thereof without reasonable excuse shall be guilty of an offence and liable to a penalty of not more than Five pounds.

11 1958. Firearms. No (1) Every holder of a licence shall cause to be painted Licensee to or fixed and keep painted or fixed over the door or principal &c., P painted entrance of the premises in respect of which his licence is in ^swotte force, in letters at least two inches in length, his name and the words " licensed gun dealer ". (2) Any holder of a licence who does not comply with the Penalty, provisions of this section shall be guilty of an offence and liable to a penalty of not more than One pound for every day during which such non-compliance continues. 17. (1) Every holder of a gun dealer's licence Register of ^ transactions in (a) shall provide and keep in a book at the premises in firearms - respect of which the licence is in force a register No st7 - of transactions in the prescribed form and shall keep such register open for inspection by any member of the police force during ordinary business hours; (b) shall enter or cause to be entered therein the particulars set forth in the Second Schedule to this Second \. Schedule. (c) shall make such entry or cause the same to be made within twenty-four hours after the transaction to which it relates took place; (d) in the case of a sale of any firearm shall at the time of the transaction require the purchaser if not known to him to furnish particulars sufficient foi identification, and immediately enter the said particulars in the register, and in the case of a sale of a firearm within the meaning of Part III. of this Act shall require the purchaser to produce and deliver up to the said holder the firearm certificate entitling the purchaser to purchase the firearm unless the purchaser gives reasonable proof that he is by virtue of this Act entitled to purchase the firearm without having such a certificate; and (e) shall on demand allow any authorized officer of police or any member of the police force duly authorized in writing in that behalf by the Chief Commissioner of Police or by any authorized officer of police to enter and inspect all stock in hand and shall at any time on request by any member of the police force duly authorized in writing as aforesaid produce for inspection the register so required to be kept as aforesaid: Provided that in each case in which a written authority is required by this sub-section such authority shall be produced on demand.

12 Firearms. No Penalty for contravention of section. (2) Any person who contravenes or fails to comply with any of the provisions of this section shall be liable for a first offence to a penalty of not less than Five pounds and not more than Twenty-five pounds or to imprisonment for a term of not more than three months or to both such penalty and imprisonment, and for every subsequent offence to a penalty of not less than Ten pounds and not more than One hundred pounds or to imprisonment for a term of not more than six months or to both such penalty and imprisonment. Making false entries in register book. No s. 18. Making incomplete entry. Penalty In cases not provided for. No s (1) Any person who knowingly makes or causes to be made any false entry in any register or other book required to be kept under this Part or the regulations shall be guilty of an offence and liable for a first offence to a penalty of not less than Ten pounds and not more than Twenty-five pounds and for any subsequent offence to a penalty of not less than Twenty-five pounds and not more than One hundred pounds or to imprisonment for a term of not more than twelve months or to both such penalty and imprisonment. (2) Any person who makes or causes to be made in any such register or book any incomplete or defective entry shall be guilty of an offence and liable to a penalty of not more than Ten pounds. 19. Any person who contravenes or fails to comply with any provision of this Part for which no penalty is expressly provided or who permits any contravention of or failure to comply with any of the provisions of this Part shall be liable to a penalty of not more than Fifty pounds and to a further penalty of not more than Five pounds for each day any such contravention or failure is continued after any conviction therefor. Appeal. No In any conviction under this Part notwithstanding that the penalty imposed does not exceed the sum of Five pounds the person convicted may appeal against such conviction in the same manner and with the same effect in all respects as any person may appeal under section one hundred and forty-one of the Justices Act 1958 and all the provisions of the said Act shall subject to this section apply accordingly. PART III. FIREARM CERTIFICATES. interpretation. 21. In this Part "firearm" means any firearm within the "Firearm." meaning of section three of this Act other than a pea rifle within NO. 56io s. 21. tne meaning of section two hundred and eight of the Police Offences Act 1958.

13 1958. Firearms. No (1) Subject to the provisions of this Act no person shall Prohibition of. v ', J.,. r. c ",, purchasing or, purchase or have in his possession or carry a firearm unless he possessing or holds a firearm certificate authorizing him so to do granted firearm! under this Part and in force at the time. Certificate. No s. 22; No s.2(l). (2) On application in the prescribed manner and form by Application any person the Chief Commissioner of Police or any authorized of firearm officer of police shall grant a firearm certificate to the applicant certiflcate - if he is satisfied (a) that the applicant has good reason for purchasing and having in his possession the firearm or firearms in respect of which the application is made; (b) that the applicant is not a person who by this Act or any law is prohibited from purchasing being in possession of or carrying such a firearm or firearms; and (c) that the applicant is not a person of intemperate habits or unsound mind or otherwise unfitted to be entrusted with such a firearm or firearms: Provided that a firearm certificate shall not be granted in respect of any pistol the calibre of which is less than -250 of an inch (except in respect of a pistol which is approved by the Chief Commissioner of Police as being of the kind used for target shooting at the Olympic Games and which is owned or to be purchased by or on behalf of a club established or carried on with the approval of the Chief Commissioner of Police for promoting such target shooting or by a member of such a club) or in respect of any smooth bore shot-gun which has been shortened so as to become a pistol within the meaning of this Act. (3) Every firearm certificate shall be in the prescribed form Form and and shall specify the nature and number of the firearms to which certificate, it relates and shall authorize the holder to purchase (if necessary) and to have in his possession and to carry the firearm or firearms to which it relates: Provided that the authority conferred by any firearm certificate imitations may be limited in any way or the certificate may be granted conditions, subject to any conditions specified therein and, in particular, a certificate granted in respect of a pistol may authorize the holder to purchase and to have in his possession but not to carry the pistol, or may authorize the carrying of the pistol only at certain times or on certain occasions, and in any case may impose conditions as to the safekeeping of the pistol when not actually carried by the holder.

14 Firearms. No Period of firearm certificate for pistol and provision for renewal. Firearm certificate in case of other firearms* to be permanent. As to considerations upon application for renewal. Revocation of firearm certificate. Variation of certificate on application of holder. Variation of conditions of certificate by Chief Commissioner or authorized officer. (4) A firearm certificate in respect of a pistol or pistols shall unless previously revoked or cancelled as provided in this Act continue in force for a period of twelve months, but upon application in the prescribed manner and form the Chief Commissioner of Police or any authorized officer of police may renew any such certificate for a further period of twelve months and so on from time to time. (5) A firearm certificate in respect of any firearm or firearms other than a pistol or pistols shall unless previously revoked or cancelled as provided in this Act continue in force until the holder dies or ceases to have the possession of the firearm or firearms to which it refers. (6) The provisions of sub-section (2) of this section shall apply upon any application for the renewal of a firearm certificate in respect of a pistol or pistols in the same manner as they apply upon the application for the grant of such a certificate. (7) A firearm certificate may at any time by notice in writing sent by post to the holder thereof be revoked as to all or any of the firearms to which it relates by the Chief Commissioner of Police or any authorized officer of police if the said Chief Commissioner or authorized officer is satisfied (a) that good reason no longer exists for the possession by the holder of the firearm or firearms in respect of which the certificate is to be revoked; (b) that the holder is a person who is prohibited by this Act from possessing or carrying such a firearm or firearms; or (c) that the holder is a person of intemperate habits or unsound mind or otherwise unfitted to be entrusted with such a firearm or firearms and the notice may require the holder to deliver up the said certificate within the period of twenty-one days after receipt of the notice. (8) Upon the application of the holder of a firearm certificate, the Chief Commissioner of Police or any authorized officer of police may vary the certificate in any way which appears to him to be proper in the circumstances. (9) The Chief Commissioner of Police or any authorized officer of police may at any time by notice in writing sent by post to the holder of a firearm certificate vary the conditions upon which the said certificate is held and may by the notice require the holder to deliver up the said certificate within the period of twenty-one days after receipt of the notice for the purpose of amending the conditions specified therein.

15 1958. Firearms. No (10) Any person who when so required pursuant to Penalty for sub-section (7) or sub-section (9) of this section fails to deliver deliver up up a firearm certificate within the said period shall be guilty of certificate - an offence and liable to a penalty of not more than Twenty-five pounds but the revocation of the certificate or (as the case may be) the variation of the conditions thereof shall be of full force and effect notwithstanding such failure. (11) Upon the grant and upon every renewal of a firearm F" n certificate and upon any variation by which the number offirearmsrenew"of specified in any such certificate is increased there shall be paid a "* ' fee of Five shillings in respect of each firearm to which the certificate relates or (as the case may be) by which the said number is so increased. 23. (1) Any person who, not being the holder of a firearm Offences, certificate authorizing him so to do, purchases or has in his Purchasing or possession any pistol shall be guilty of an offence and liable to p?sto e i s wfttout a penalty of not less than Five pounds and not more than One hundred pounds or to be imprisoned for a term of not more than six months. certificate. No. S610 s. 23. (2) Any person who, not being the holder of a firearm Purchasing certificate authorizing him so to do, purchases or has in his other firearm possession any firearm other than a pistol shall be guilty of an create. offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. (3) Any person who contravenes or fails to comply with any contravening condition specified in any firearm certificate granted to him certificate. pursuant to this Part shall be guilty of an offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. (4) Any person who, not being the holder of a firearm carrying pistol certificate authorizing him so to do, carries a pistol shall be guilty certificate, of an offence and liable (a) for a first offence (i) to a penalty of not less than Ten pounds and not more than One hundred pounds; or (ii) to be imprisoned for a term of not more than twelve months; and (b) for any subsequent offence (i) to a penalty of not less than Twenty-five pounds and not more than Two hundred pounds; or (ii) to be imprisoned for a term of not more than two years or to both such penalty and imprisonment.

16 Firearms. No Carrying other firearm without certificate. Firearms not to be sold except to purchasers holding firearm certificates. No s. 24. Penalty for unlawful sale of pistol. Penalty for unlawful sale of other firearm. Duty of seller on sale of firearm. Penalty for failure to make prescribed entries and forward prescribed notice, &c. Prohibition of purchase of firearms except from persons entitled to sell the same. No s. 25. Prohibition of sale of firearms without authority from Chief Commissioner or authorized officer. (5) Any person who, not being the holder of a firearm certificate authorizing him so to do, carries any firearm other than a pistol shall be guilty of an offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. 24. (1) A person shall not sell to any other person any firearm unless the purchaser produces to the seller a firearm certificate authorizing the purchaser to purchase such a firearm or unless the purchaser gives reasonable proof that he is by virtue of this Act entitled to purchase such a firearm without producing such a certificate. (2) Any person who sells a pistol to any other person in contravention of sub-section (1) of this section shall be guilty of an offence and liable to a penalty of not less than Ten pounds and not more than One hundred pounds or to be imprisoned for a term of not more than six months. (3) Any person who sells any firearm other than a pistol to any other person in contravention of sub-section (1) of this section shall be guilty of an offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. (4) Every person who sells any firearm to any person shall comply with any direction to the seller contained in the firearm certificate and shall make thereon all prescribed entries and within forty-eight hours of the sale shall send by registered letter to the Chief Commissioner of Police or to the authorized officer of police by whom the certificate was granted notice of the transaction in the prescribed form and containing the prescribed particulars. (5) Any person who contravenes or fails to comply with any provision of the last preceding sub-section shall be guilty of an offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. 25. (1) A person (including the holder of a gun dealer's licence) shall not purchase a firearm from any person (other than the holder of a gun dealer's licence) unless the seller produces to the purchaser a special authority in writing in the prescribed form from the Chief Commissioner of Police or an authorized officer of police authorizing the seller to sell that firearm. (2) A person (not being the holder of a gun dealer's licence) shall not sell any firearm to any other person (including the holder of a gun dealer's licence) unless the seller has first obtained a special authority in writing in the prescribed form from the Chief Commissioner of Police or an authorized officer of police authorizing him to sell that firearm.

17 1958. Firearms. No (3) Any holder of a gun dealer's licence who purchases any Gun dealer to firearm pursuant to any such special authority as aforesaid shall of purchases within seven days after such purchase give to the Chief such authority. Commissioner of Police or the' authorized officer of police by whom the special authority was issued notice of such purchase in the prescribed form and containing the prescribed particulars with respect to the transaction. (4) Any person who contravenes or fails to comply with any Penalty, provision of this section shall be guilty of an offence and liable to a penalty of not more than Fifty pounds or to be imprisoned for a term of not more than three months. 26. (1) No offence against any provision of this Part shall Exemptions be deemed to be committed operation of this Part. (a) in the case of any person actually serving as a member NO. No io s. a of the naval military or air forces of Her Majesty or of the Commonwealth (i) by having in his possession during his service as such a member; or (ii) by carrying whilst actually on duty as such a member or whilst going to or returning from such duty a firearm the property of Her Majesty or of the Commonwealth issued to him in consequence of such service; (6) in the case of any person in the police force or on the staff of any gaol within the meaning of the Gaols Act 1958 by having in his possession or carrying a firearm issued to him for the performance of a detailed duty and during the actual performance of such duty; (c) in the case of any person carrying on the business of a gun dealer and holding a licence under this Act or the employe of such a person by purchasing a firearm from any other holder of a gun dealer's licence or from any wholesale gun dealer or by having in his possession or carrying a firearm in the ordinary course of his business as aforesaid; (d) in the case of any person carrying on the business of a wholesale gun dealer or the employe - of any such person by purchasing a firearm from the

18 1958. Firearms. No manufacturer thereof or any other wholesale gun dealer or by selling any firearm to any other wholesale gun dealer or to any holder of a gun dealer's licence or by having in his possession or carrying a firearm in the ordinary course of his business as aforesaid; (e) in the case of any person carrying on the business of auctioneer carrier or warehouseman by having in his possession or carrying a firearm in the ordinary course of his business as aforesaid; (/) in the case of any person by having in his possession a firearm on any ship or aircraft as part of the equipment of the ship or aircraft so long as the firearm is not taken from the ship or aircraft at any place in Victoria, or by taking the firearm from the ship or aircraft for repair testing or proving in Victoria if he has obtained from the Chief Commissioner of Police or an authorized officer of police a special authority in writing in the prescribed form for that purpose; (g) in the case of a person receiving instruction in the use of any firearm by or under the personal supervision of the holder of a firearm certificate by having in his possession or carrying for the purposes of such instruction the firearm for which such firearm certificate is in force; (h) in the case of a member of a rifle club or cadet corps established or recognized by or under any Commonwealth Act relating to defence (i) by having in his possession during his membership of such club or corps; or (ii) by carrying whilst engaged as such a member in target practice or drill or whilst going to or returning from such practice or drill a firearm issued to him in consequence of such membership; (i) in the case of a person whose application for the grant or renewal of a firearm certificate has been refused or whose firearm certificate has been revoked by having the firearm in his possession pending disposal thereof by him in some prescribed manner or by carrying the firearm in order to dispose of the same so long as the firearm

19 1958. Firearms. No has not been forfeited and he has obtained from the Chief Commissioner of Police or an authorized officer of police a special authority in writing in that behalf in the prescribed form. (2) Where, in any proceedings under this Act, it is proved that a person purchased or was in possession of or carried a firearm, the onus of proving that he was the holder of a firearm certificate authorizing him so to do or that he was a person exempted by any provision of this Act from the necessity of holding such a certificate shall lie upon the defendant. 27. (1) Except in circumstances in which the possession or Production of carrying of a firearm without being the holder of a firearm certificate at certificate does not constitute an offence, any member of the police! 1 o police force may demand the production of his firearm certificate NO. 56io s. n. from any person whom he belives to be in possession of or to be carrying a firearm. (2) If any person upon whom a demand is so made fails to seizure of produce the firearm certificate or to permit the member of the firearm,&c - police force to read the said certificate or to give reasonable proof that he is a person exempted under this Act from the necessity of having such a certificate, the member of the police force may seize and detain the firearm and may require the person to declare to him immediately his name and address. (3) Any person who when so required refuses so to declare Penalty for his name and address or fails to give his true name and address give or^iving 16 or shall be guilty of an offence and liable to a penalty of not less address." than Two pounds and not more than Twenty pounds and the member of the police force may apprehend without warrant every person who refuses so to declare his name or address or whom he suspects of having given a false name or address or of intending to abscond. 28. (1) Any person Penalty for production (a) who when a member of the police force demands certificate, &c. the production of a firearm certificate produces No. 56io s.28. a false firearm certificate or personates a person to whom a firearm certificate has been granted under this Act or personates or pretends to be a person exempted by the provisions of this Act from holding such a certificate; or (b) who with a view to purchasing a firearm produces a false firearm certificate or personates a person to whom a firearm certificate has been granted or VOL. HI. 8

20 Firearms. No personates or pretends to be a person exempted by the provisions of this Act from holding such a certificate shall be guilty of an offence and liable to a penalty of not less than Five pounds and not more than One hundred pounds or to imprisonment for a term of not more than twelve months or to both such penalty and imprisonment. Hiring or lending firearm certificate. (2) Any person to whom a firearm certificate has been granted under this Act and who lets out hires lends or gives the said certificate to any other person shall be guilty of an offence and shall be liable to a penalty of not less than Five pounds and not more than One hundred pounds or to imprisonment for a term of not more than twelve months or to both such penalty and imprisonment; and on conviction for any such offence the firearm certificate shall be deemed to be revoked and the court shall cause notice of the conviction to be sent to the Chief Commissioner of Police or authorized officer of police by whom the firearm certificate was granted. Restriction on purchasing possessing and carrying firearms by persons under eighteen. No s. 31. Penalty. PART IV. GENERAL. Prohibited Persons, Sales, &c. 29. (1) A person under the age of eighteen years shall not purchase have in his possession or carry a firearm, and a person (including an auctioneer or a wholesale gun dealer) shall not sell a firearm to any person whom he knows or has reasonable ground for believing to be under the age of eighteen years. (2) Any person who contravenes any provision of the last preceding sub-section shall be guilty of an offence and liable to a penalty of not less than Two pounds and not more than Twenty pounds or to imprisonment for a term of not more than three months or to both such penalty and imprisonment; but no offence shall be deemed to be committed by any person under this section by having in his possession or by carrying a firearm within the meaning of Part III. of this Act in any circumstances in which an offence would not be deemed to be committed by him by having in his possession such a firearm without being the holder of a firearm certificate granted under the said Part. (3) The provisions of this section shall be read and construed as in aid of and not in derogation from the provisions of Division two of Part VII. of the Police Offences Act 1958.

21 1958. Firearms. No (1) A person (including an auctioneer or a wholesale prohibition of 1 e,,f gun dealer) shall not sell a firearm to or repair prove or test a ff r e i ; r m 7 to I u firearm for any person whom he knows or has reasonable ground f I n s a or for believing to be drunk or of unsound mind. persons. b No s. 32. (2) Any person who contravenes any provision of the last Penalty, preceding sub-section shall be guilty of an offence and liable to a penalty of not less than Two pounds and not more than Twenty-five pounds or to imprisonment for a term of not more than three months or to both such penalty and imprisonment. 31. (1) A person who, at any time whether before or after persons the commencement of this Act, has been convicted of felony fdony tedof and has been sentenced to any term of imprisonment therefor ^SSa T shall at all times thereafter be prohibited from being granted a? essing firearm certificate in respect of a pistol, and if any such person p^ou. after having been so convicted purchases or has in his possession NoS6108 «- or carries a pistol he shall be guilty of an offence and liable for a first offence to be imprisoned for a term of not less than three months and not more than twelve months and for any subsequent offence to be imprisoned for a term of not less than one year and not more than three years. (2) A person who, whether before or after the commencement Persons c. r. A 4. convicted of Of thls Act certain offences or on (a) has been convicted of any indictable offence or of any 0 p b a ro e n offence against Part III. of the Police Offences Act e^km» 1958 or any corresponding previous enactment and j$5 J' has been sentenced to any term of imprisonment esslng therefor; Or any firearms. (b) is at large pursuant to a probation order made under section five hundred and eight of the Crimes Act 1958 or any corresponding previous enactment; or (c) has been released from gaol on parole pursuant to an order made under section five hundred and thirty-four of the Crimes Act 1958 or any corresponding previous enactment; or (d) has been convicted of an indictable offence and has been released on entering into a recognisance to receive and undergo sentence shall during the period of five years next after his release from imprisonment or during the probation period or during the period of his release on parole or during the period of such recognisance (as the case may be) be prohibited from being granted a firearm certificate in respect

22 Firearms. No S^for 'rowbitcd pc?son! &c. of any firearm, and if during the operation of the said prohibition the said person purchases or has in his possession or carries any firearm he shall be guilty of an offence and liable for a first offence to a penalty of not less than Ten pounds and not more than One hundred pounds or to be imprisoned for a term of not more than one year and for any subsequent offence to be imprisoned for a term of not less than one year and not more than two years. (3) Any person who sells a firearm to or repairs tests or proves a firearm for any person whom he knows or has reasonable ground for believing to be a person prohibited by this section from purchasing having in his possession or carrying such a firearm shall be guilty of an offence and liable to a penalty of not less than Fifty pounds and not more than Two hundred pounds or to be imprisoned for a term of not more than two years. Prohibition of manufacture, Ac. of weapons discharging noxious liquids, &c. No s. 34. Penalty for manufacturing, &c, prohibited weapons. Prohibition of bringing into Victoria, manufacture, sale, possession, &c, of machine guns. Prohibited Weapons, &c. 32. (1) It shall not be lawful for any person except with the authority of Her Majesty or the Governor in Council or in pursuance of a direction authority or duty duly given to or imposed upon him in connexion with the naval military or air forces of the Commonwealth to bring into Victoria or being in Victoria to cause to be brought or sent into Victoria, or to manufacture sell purchase carry or have in his possession any weapon of whatever description designed for the discharge of any noxious liquid noxious gas or other noxious thing, and every such weapon shall for the purposes of this Act be deemed to be a prohibited weapon. (2) Any person who contravenes any provision of the last preceding sub-section shall be guilty of a misdemeanour and shall on conviction on indictment presentment or information be liable to imprisonment for a term of not more than two years, or on summary conviction to a penalty of not less than Two pounds and not more than One hundred pounds or to imprisonment for a term of not more than three months or to both such penalty and imprisonment. (3) It shall not be lawful for any person, except with the authority of Her Majesty or the Governor in Council or in pursuance of a direction authority or duty duly given to or imposed upon him in connexion with the naval military or air forces of the Commonwealth to bring any machine gun into Victoria or being in Victoria to cause any machine gun to be brought or sent into Victoria, or to manufacture sell purchase carry or have in his possession any machine gun, and every machine gun shall for the purposes of this Act be deemed to be a prohibited weapon.

23 1958. Firearms. No 'j (4) Any person who contravenes any provision of the last preceding sub-section shall be guilty of a misdemeanour and shall be liable (a) for a first offence to be imprisoned for a term of not less than one year and not more than two years: Provided that if such person has previously been convicted of any indictable offence or of an offence against section twenty-three of this Act or of an offence against paragraph (e) of sub-section (1) of section sixty-nine or paragraphs (i) or (k) of sub-section (1) of section seventy-two of the Police Offences Act 1958 he shall be liable to be imprisoned for a term of not less than two years and not more than three years; and (b) for any subsequent offence to be imprisoned for a term of not less than two years and not more than three years. 33. Any person (other than the holder of a gun dealer's licence) who except with the authority of Her Majesty or the Governor in Council or in pursuance of a direction authority or duty duly given to or imposed upon him in connexion with the naval military or air forces of the Commonwealth or in pursuance of a permit issued to him for the purpose by the Chief Commissioner of Police or any authorized officer of police brings into Victoria or being in Victoria causes to be brought or sent into Victoria any pistol shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds. 34. (1) A person shall not manufacture have in his possession sell purchase or use a silencer whether attached to a firearm or not. (2) In this section " silencer " means any instrument or thing by means of which the sound caused by the discharge of a firearm is rendered less audible, whether such instrument or thing forms part of the firearm or is or can be affixed or attached thereto. (3) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable to a penalty of not more than Fifty pounds or to imprisonment for a term of not more than six months or to both such penalty and imprisonment. 35. (1) A person shall not shorten the barrel of any firearm (including a smooth bore shot-gun) so as to reduce the length of such barrel to less than sixteen inches. (2) A person shall not convert into a firearm anything which though having the appearance of being a firearm is so constructed as to be incapable of discharging any shot bullet or other missile through the barrel thereof. Restriction, on bringing pistdv into Victoria, &c. No s. 35. Manufacture, &c. of silencers prohibited. No s. 36. Interpretation. " Silencer." Penalty. Prohibition oi shortening firearms and converting imitation firearms into firearms. No s. 17.

24 Firearms. No Penalty. Prohibition of defacing or altering numbers, &c> on firearms. No. 56t0 s. 38. (3) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable to a penalty of not less than Fifty pounds and not more than Three hundred pounds or to imprisonment for a term of not more than two years or to both such penalty and imprisonment. 36. Any person who defaces or alters or attempts to deface or alter any numbers or letters or other identifying symbols or marks on any firearm shall be guilty of an offence and shall be liable for a first offence to be imprisoned for a term of not more than one year and for any subsequent offence to be imprisoned for a term of not more than two years. Forfeiture of firearm. &c, and revocation of firearm certificate by court. No s. 39. Notice of revocation. Forfeiture of Firearms, &c. 37. (1) Where any person is convicted of any offence against this Act or of any indictable offence or of any offence against paragraph (y) of sub-section (1) of section five or Part III. of the Police Offences Act 1958 or where a person has had a probation order made against him under section five hundred and eight of the Crimes Act 1958, or where a person has been released from gaol on parole pursuant to an order made under sectionfivehundred and thirty-four of the Crimes Act 1958, or where a person has entered into a recognisance to receive and undergo sentence, the court before which he is convicted or by which the order is made may make such order as to the forfeiture or disposal of any pistol or other firearm (including a smooth bore shot-gun) or any prohibited weapon found in his possession or used or carried by him as the court thinks fit and may revoke any firearm certificate held by him. (2) Where the court so revokes any firearm certificate it shall cause notice of such revocation to be sent to the Chief Commissioner of Police or authorized officer of police by whom the firearm certificate was granted. Warrant to search. No. S610 s. 40. Warrants to Search, Arrest, &c. 38. (1) If a justice of the peace is satisfied (a) in the case of an alleged or anticipated offence against this Act by a licensed gun dealer by information on oath by any authorized officer of police; or (b) in the case of any other alleged or anticipated offence against this Act by information on oath by any member of the police force of or above the rank of senior constable or in charge of a police station that there is reasonable ground for suspecting that an offence against this Act has been is being or is about to be committed, he may grant a search warrant authorizing any member of the

25 1958. Firearms. No police force named therein to enter at any time by day or by night any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found therein and to seize and detain any firearm or prohibited weapon which he finds on the premises or place or on any such person and in respect of which or in connexion with which he has reasonable grounds for suspecting that an offence against this Act has been is being or is about to be committed and, if the premises are those of a licensed gun dealer, to examine any register or books relating to the business. (2) The member of the police force making the search may Power of arrest without warrant any person found on the premises whom he has reason to believe to be guilty of an offence against this Act. (3) Save as aforesaid the rules to be observed with respect to warrants to search mentioned in the Justices Act 1958 shall extend and apply to warrants under this section. (4) The provisions of this section shall be read and construed as in aid of and not in derogation from the provisions with regard to warrants to search contained in the Justices Act 1958 or any other Act. 39. (1) Where any member of the police force has reasonable cause to believe that any person is carrying or has in his possession contrary to any provision of this Act any pistol or other firearm or any prohibited weapon, he may without warrant search for the pistol firearm or prohibited weapon the said person and any vehicle package or thing in his possession or under his control and may seize any pistol or other firearm or prohibited weapon which he finds on the said person or on or in the said vehicle package or thing and may detain the same pending an order of the court with respect thereto. (2) The provisions of this section shall be read and construed as in aid of and not in derogation from the provisions of the last preceding section. Search of person, vehicle, &c, for firearms. No s. 41. Possession, &c. 40. (1) Any person who occupies any land or premises or ASW that part of any premises on or in which any firearm pistol Efswt&c? 0 ' machine gun or prohibited weapon is found shall for the purposes No. 56io s. 42. of this Act be deemed to be in possession of that firearm pistol machine gun or prohibited weapon unless the contrary is proved. (2) Where any person buys or sells or has in possession or AS to weapons carries, or any two or more persons in company or acting in ^'in a p r "rts.' concert buy or sell or have in possession or carry, separate parts of any firearm or weapon, which parts if assembled would constitute a firearm pistol machine gun or prohibited weapon

26 i! Firearms. No within the meaning of this Act, then that person or (as the case may be) each of those persons shall for the purposes of this Act be deemed to buy or sell or have in possession or carry that firearm pistol machine gun or prohibited weapon. Disposal of forfeited firearms, &c. No s. 43. Disposal of Firearms. 41. A court of petty sessions may on the application of any member of the police force order any pistol or other firearm or any prohibited weapon seized and detained by a member of the police force under this Act to be destroyed or otherwise disposed of in the prescribed manner. Forgery of licences, certificates, &c. No s. 44. Forgery. 42. Any person who forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered any gun dealer's licence firearm certificate or special authority in writing under this Act shall be guilty of felony and liable to imprisonment for a term of not more than five years. Appeals against refusals to Brant licences, certificates, &c. No s. 45. Notice of appeal. Powers of court. Evidence on appeals. Appeals. 43. (1) Any person who feels aggrieved by the refusal of the Chief Commissioner of Police or any authorized officer of police to issue renew or transfer a gun dealer's licence or to grant or renew a firearm certificate or by the grant of a limited firearm certificate or the imposing of any special condition in any such certificate or by the annulment revocation or variation by the Chief Commissioner of Police or any authorized officer of police of any such licence or certificate may within one month appeal against the refusal annulment revocation or variation or against the grant of a limited certificate or the imposition of any special condition to the court of petty sesssions held nearest to the usual residence or the place of business of the person aggrieved and consisting of a stipendiary magistrate sitting without other justices. (2) No such appeal shall be entertained by the said court unless at least fourteen days' notice in writing of the appeal, stating the nature and grounds thereof, has been given by the said person to the said Chief Commissioner or authorized officer of police and to the clerk of petty sessions. (3) The said court may make such order therein as it thinks just. (4) Notwithstanding anything to the contrary in any Act or in any rule of law or practice or procedure the Chief Commissioner of Police and any authorized officer of police shall be competent witnesses upon the hearing of the appeal and shall be entitled

27 1958. Firearms. No to be heard by the court notwithstanding that the appeal is against, the refusal annulment revocation or variation by the said Chief Commissioner or authorized officer (as the case may be). Duplicate Licences, &c. 44. In any case where satisfactory proof is given of the loss Duplicate or destruction of the original the Chief Commissioner of Police N 0 en 5 C 6,ot C 46 or authorized officer of police by whom the same was issued granted or furnished may on payment of the prescribed fee-issue grant, or furnish a duplicate gun dealer's licence or duplicate firearm certificate. Companies, &c. 45. The provisions of this Act and of the regulations as to Application firearm certificates shall so far as applicable extend and apply J^anies and with respect to corporations companies and firms as if they were ^m9 - No s. 47. private persons; and where any notice or application is by or under this Act authorized or required to be given or made in connexion with any of the matters aforesaid the same may in the case of any corporation or company be given or made on behalf of the corporation or company by any chairman member of the governing body director manager or secretary thereof, or in the case of a, firm by any member of the firm. Contraventions. 46. Every person who is guilty of any contravention of or Penalty in failure to comply with any of the provisions of this Act for which provided for. no punishment is expressly provided or who permits any No.56ios.48. contravention of or failure to comply with any of the provisions of this Act shall be liable to a penalty of not more, than Fifty pounds or to imprisonment for a term of not more than three months or to both such penalty and imprisonment. Proceedings. 47. The court of petty sessions- before which in the execution Questions of of this Act any question of apparent age arises may determine gpp arentage such question on its own view or on evidence whether of opinion or fact but before so determining shall hear and consider the evidence (if any) tendered for all parties. determined. No s. 4i». 48. Any charge for an offence against this Act shall be heard Court before before a court of petty sessions consisting of a stipendiary To'r'offc^m magistrate sitting without other justices. be heard. No s. 5tt

28 Firearms. No Regulations. Regulations. 49. (1) The Governor in Council may make regulations for NO. 56io«. si. or with respect to (a) prescribing the forms of licences and of firearm certificates and the mode of renewal of licences and firearm certificates and the forms of applications notices books registers and warrants under this Act; (b) prescribing conditions (which may vary according to circumstances) to which the issue of gun dealers' licences and grants of firearms certificates are to be subject; (c) prescribing the mode and manner in which under this Act registers and other books and entries are to be kept and signed and the places where registers or books are to be kept; (d) altering any forms prescribed; (e) exempting any particular person or any class of persons from the operation of Part II. and prescribing the extent of such exemptions and specifying the provisions (if any) of such Part applicable to such person or class; (/) prescribing reasonable fees (not exceeding in any case the amount specified in this Act in respect of such case) to be charged for any gun dealer's licence or renewal or transfer thereof or any duplicate of a licence or of a firearm certificate; (g) providing for and regulating the marking of pistols for purposes of identification; (h) imposing a penalty of not more than Twenty pounds for any contravention of or failure to comply with the regulations; and (/) generally, prescribing any matters or things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed for carrying out and giving effect to the provisions of this Act. Forms. (2) All forms prescribed or altered in pursuance of this section may be used for the purposes of this Act and shall be sufficient in law. publication of (3) All such regulations shall be published in the Government regulations. Gazette and shall be laid before both Houses of Parliament within fourteen days after the same have been made if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament and a copy of all such regulations shall be posted to each Member of Parliament.