Firearms Act 2024
Firearms Act 2024
Western Australia
Firearms Act 2024
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Act binds Crown2
4.Principles and objects2
5.Terms used4
6.Firearms9
7.Use of firearm10
8.Firearm categories11
9.Disqualified persons and interim disqualified persons12
10.Membership of disqualifying organisation13
11.Finding of guilt14
12.Possession14
13.Immediate possession15
14.Major firearm parts16
15.Relevant management positions16
16.Delegation of Commissioner’s powers and duties17
17.Exemptions18
18.Antique firearms19
Notes
Compilation table21
Uncommenced provisions table21
Defined terms
Firearms Act 2024
·to provide for the control and regulation of firearms and related things; and
·to repeal the Firearms Act 1973; and
·to make consequential and related amendments to other Acts.
This is the Firearms Act 2024.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent (assent day);
(b)Part 16 — on the day after assent day;
(c)Part 17 Division 3 Subdivision 11 —
(i)if the Criminal Law (Mental Impairment) Act 2023 section 412 comes into operation on or before assent day — when section 11(1)(d) of this Act comes into operation; or
(ii)otherwise — when the Criminal Law (Mental Impairment) Act 2023 section 412 comes into operation;
(d)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(1)The principles of this Act are as follows —
(a)there is an overriding need to ensure public safety in connection with the possession and use of firearms in the community;
(b)the possession and use of firearms is a privilege that is always conditional on the overriding need to ensure public safety;
(c)public safety can be ensured by strict controls to secure the safe and responsible possession and use of firearms in the community.
(2)The objects of this Act are as follows —
(a)to improve public safety by ensuring the safe and responsible possession and use of firearms;
(b)to specify the purposes for which a person can be authorised to possess or use a firearm;
(c)to minimise the risk of persons becoming victims of crimes that involve the use of firearms;
(d)to prevent persons from having access to firearms for criminal purposes;
(e)to prevent access to firearms by persons who pose a risk of violence, family violence or intimidating behaviour;
(f)to prevent access to firearms by persons who pose a risk of misuse of firearms;
(g)to minimise the risk of persons causing harm, including psychological harm, to themselves or others by the misuse of firearms;
(h)to reduce the number of firearms unlawfully possessed in the community;
(i)to facilitate a nationally consistent approach to the control of firearms.
(3)Persons performing functions in or in connection with the administration of this Act (including when constituting, or as a member of, a court or tribunal) must have due regard to the principles and objects of this Act.
In this Act —
acquire means acquire by sale or gift;
ammunition —
(a)means ammunition for a firearm; and
(b)includes the following —
(i)anything made, modified or intended for use as ammunition for a firearm;
(ii)blank ammunition;
(iii)any other thing prescribed by the regulations;
but
(c)does not include any of the following —
(i)ammunition incapable of being fired, including an inert cartridge, a dummy round, and a drill round that does not contain a primer or propellant;
(ii)a prescribed paintball pellet;
(iii)any other thing prescribed by the regulations;
approval means an approval by the Commissioner under a provision of this Act;
approved means approved by the Commissioner;
approved firearms trainer means a person who is approved by the Commissioner under section 24 to provide firearms training;
authorised person, for a licence, means a person who is an authorised person for the licence as referred to in section 23(2);
calibre, of a firearm, means —
(a)the size of the bore of the firearm; and
(b)the name of the calibre of the ammunition for which the firearm is chambered;
category, of a firearm, has the meaning given in section 8(3);
Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
deal in means to acquire and supply in the course of a business;
Department means the department of the Public Service principally assisting in the administration of this Act;
disqualified person has the meaning given in section 9(1);
disqualifying offence means an offence that is —
(a)a serious offence as defined in the Criminal Investigation Act 2006 section 128(1); or
(b)an offence under the law of another Australian jurisdiction that substantially corresponds to an offence referred to paragraph (a); or
(c)an offence under this Act that is prescribed by the regulations as a disqualifying offence; or
(d)an offence under the Weapons Act 1999 that is prescribed by the regulations as a disqualifying offence; or
(e)an offence under The Criminal Code that is prescribed by the regulations as a disqualifying offence; or
(f)an offence under the Misuse of Drugs Act 1981 that is prescribed by the regulations as a disqualifying offence;
disqualifying order means an order that is —
(a)a violence restraining order, family violence restraining order or conduct agreement order made under the Restraining Orders Act 1997; or
(b)an order (however described) made under a corresponding law (as defined in the Restraining Orders Act 1997 section 3(1)) having an effect that is the same as or similar to the effect of an order referred to in paragraph (a); or
(c)an order of a kind that is prescribed by the regulations as a disqualifying order;
disseminate, in relation to firearm technology, has the meaning given in section 284;
family violence has the meaning given in the Restraining Orders Act 1997 section 5A;
finding of guilt has the meaning given in section 11;
fire, in relation to a firearm, includes discharge;
firearm has the meaning given in section 6;
firearm authority means a licence, permit or approval;
firearm authority health standards means standards of mental or physical health that are prescribed by the regulations as health standards that a person must meet to be considered a fit and proper person to hold a firearm authority;
firearms prohibition order has the meaning given in section 317(1);
firearms training means training and instruction in —
(a)the safe handling and safe use of firearms; or
(b)the proficient use of firearms;
firearm technology has the meaning given in section 284;
give possession, of a thing to a person, includes permit the person to take possession of or be in possession of the thing;
Government entity has the meaning given in section 101;
handgun means a firearm that —
(a)is reasonably capable of being concealed about the person; and
(b)can be aimed and fired from 1 hand;
immediate possession has the meaning given in section 13;
information includes documents;
interim disqualified person has the meaning given in section 9(2);
licence means a licence under Part 2;
licence card has the meaning given in section 206;
licensed firearm club means the body corporate that is the licensee under a Club Licence;
licensed firearm range means a firearm range to which a Range Licence applies;
major firearm part has the meaning given in section 14(1);
member of a disqualifying organisation has the meaning given in section 10(1);
occupier, in relation to land, means a person in exclusive possession or entitled to exclusive possession of the land;
officer, in relation to a body corporate, has the meaning given in the Corporations Act 2001 (Commonwealth) section 9;
paintball means a shooting sport in which players attempt to hit other players with paintball pellets fired from paintball guns;
paintball gun means a firearm that is made or modified to fire paintball pellets;
paintball pellet means a pellet that is —
(a)made or modified to be fired from a firearm; and
(b)designed to break on impact with the target at which it is fired for the purpose of marking the target with dye or a similar substance that the pellet contains;
permit means a permit under Part 3;
place has the meaning given in the Criminal Investigation Act 2006 section 3(1);
possession has the meaning given in section 12;
possession in compliant storage has the meaning given in section 183(1);
prescribed paintball gun means a paintball gun that complies with the requirements of the regulations for a prescribed paintball gun;
prescribed paintball pellet means a paintball pellet that complies with the requirements of the regulations for a prescribed paintball pellet;
prohibited accessory means any of the following —
(a)a sound suppressor;
(b)a device commonly known as a bump stock, being a stock that is made or modified to allow a self‑loading firearm to fire more rapidly than is possible with trigger‑finger manipulation alone;
(c)a device commonly known as a folding stock, being a stock with a mechanism that allows the stock to be folded to reduce the overall length of a firearm;
(d)a device commonly known as a detachable stock, being a stock that when removed from a firearm allows the firearm to remain capable of being fired;
(e)a device, commonly known as a chassis carbine kit, that alters a firearm in such a way that the category of the firearm without the chassis carbine kit fitted is different from the category of the firearm with the chassis carbine kit fitted;
(f)any other thing that is capable of being fitted to or used in conjunction with a firearm and that is prescribed by the regulations as a prohibited accessory;
prohibited ammunition means ammunition, or ammunition of a kind, prescribed by the regulations as prohibited ammunition;
prohibited firearm means a firearm, or a firearm of a kind, prescribed by the regulations as a prohibited firearm;
prohibited person means a person in relation to whom a firearms prohibition order is in force;
projectile means any solid or liquid projectile (including a bullet or shot) that when propelled is capable of causing personal injury;
reasonably suspects has the meaning given in the Criminal Investigation Act 2006 section 4;
related thing means the following things —
(a)a major firearm part;
(b)ammunition;
(c)a prohibited accessory;
relevant management position has the meaning given in section 15;
responsible person, for a licence, means the person who is the responsible person for the licence as referred to in section 128(2);
serial number, on a firearm or major firearm part, includes any numbers, letters or symbols on the firearm or major firearm part that are for the purpose of the unique identification of the firearm or part;
sound suppressor —
(a)means a device that is made or modified to be fitted to a firearm to reduce the loudness of the report that results from the firearm being fired; and
(b)includes a device commonly known as a silencer;
supply —
(a)means supply by sale or gift; and
(b)includes offer to supply;
thing relevant to an offence has the meaning given in the Criminal Investigation Act 2006 section 5;
use a firearm has the meaning given in section 7(1);
vehicle has the meaning given in the Criminal Investigation Act 2006 section 3(1);
young person means a person who is under 18 years of age but not under 12 years of age.
(1)A firearm is a device that is made, modified or capable of being modified to fire or propel a projectile by means of —
(a)the burning of a propellant; or
(b)expansion of compressed air or other compressed gas; or
(c)any other method of propulsion that is prescribed by the regulations.
(2)A device can be a firearm whether or not the device is —
(a)operable or inoperable; or
(b)assembled or in parts; or
(c)complete or incomplete.
(3)None of the following things is a firearm —
(a)a firearm that by an approved means has been rendered permanently incapable of operation;
(b)anything that is prescribed by regulations under the Weapons Act 1999 as a prohibited weapon or a controlled weapon;
(c)an industrial tool powered by cartridges that contain a propellant or by compressed air or other compressed gas and that is manufactured to fix fasteners or plugs or for similar purposes;
(d)a device that is manufactured to fire signal flares;
(e)a device, commonly known as a line thrower, that is manufactured to be used to establish lines between structures, natural features or vessels;
(f)a device, commonly known as a promotional launcher, that is manufactured to be used to fire packaged promotional material among event crowds and powered by compressed air or other compressed gas;
(g)a thing that is obviously a child’s toy and that is manufactured to fire something that is not likely to cause personal injury;
(h)any other thing that is prescribed by the regulations.
(1)A person uses a firearm when the person —
(a)fires the firearm; or
(b)has the firearm in their immediate possession when the firearm is loaded.
(2)Without limiting what constitutes a firearm being loaded, a firearm is considered to be loaded when any magazine that is part of or fitted to the firearm contains ammunition.
(1)The regulations must provide for the following categories of firearms and specify firearms that are in each category —
(a)category A;
(b)category B;
(c)category C;
(d)category D;
(e)category E;
(f)category H.
(2)The regulations may provide for other categories of firearms and specify firearms that are in those other categories.
(3)The category of a firearm is the category that the firearm is in under the regulations.
(4)If a firearm is not in any category, the firearm is taken to have been prescribed by the regulations as a prohibited firearm unless the regulations provide otherwise.
(5)Subsection (4) does not prevent —
(a)a firearm that is in a category from being prescribed by the regulations as a prohibited firearm; or
(b)all the firearms in a specified category from being prescribed by the regulations as prohibited firearms.
9.Disqualified persons and interim disqualified persons
(1)A person is a disqualified person —
(a)when the person is the subject of a disqualifying order; or
(b)during the disqualifying period prescribed by the regulations as the disqualifying period for a disqualifying order; or
(c)when the person has been charged with a disqualifying offence and proceedings for the offence are pending against the person; or
(d)during the period prescribed by the regulations as the disqualifying period for a disqualifying offence for which a finding of guilt has been made against the person; or
(e)when the person is a member of a disqualifying organisation; or
(f)during the period prescribed by the regulations as the disqualifying period for membership of a disqualifying organisation.
(2)A person is an interim disqualified person if the person is a disqualified person solely as a result of being —
(a)the subject of a disqualifying order that is of a temporary or interim nature only; or
(b)a person against whom proceedings for a disqualifying offence are pending.
(3)Proceedings for an offence cease to be pending against a person when —
(a)a finding of guilt is made in the proceedings; or
(b)the proceedings are concluded (including as a result of the acquittal of the person) other than as a result of a finding of guilt.
(4)A disqualifying period for a disqualifying order or disqualifying offence can be prescribed to apply in respect of —
(a)all disqualifying orders or disqualifying offences; or
(b)a particular kind or particular kinds of disqualifying orders or disqualifying offences; or
(c)disqualifying orders or disqualifying offences of a particular class or description, including (in the case of disqualifying offences) offences described by reference to the type of finding of guilt that applies in relation to the offences.
(5)The fact that a person has ceased to be a disqualified person does not prevent the Commissioner from having regard to the conduct of the person that resulted in the person being a disqualified person in forming an opinion as to whether or not the person is a fit and proper person to hold a firearm authority.
10.Membership of disqualifying organisation
(1)A member of a disqualifying organisation is a person who is a member of an organisation named in the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Schedule 2.
(2)In subsection (1) —
member, of an organisation, means a person —
(a)who has been accepted as a member of the organisation, whether informally or through a process set by the organisation; or
(b)who identifies in any way as belonging to the organisation; or
(c)whose conduct in relation to the organisation would reasonably lead another person to consider the person to be a member of the organisation.
(1)A reference to a finding of guilt in relation to an offence committed by a person is a reference to any of the following —
(a)a court making a formal finding of guilt in relation to the offence;
(b)a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;
(c)a court accepting a plea of guilty from the person in relation to the offence;
(d)a finding under The Criminal Code section 27, or an equivalent provision of a law of another Australian jurisdiction, that the person is not guilty of the offence on account of unsoundness of mind.
(2)A finding of guilt that is subsequently quashed or set aside by a court ceases to be a finding of guilt for the purposes of this Act.
(3)A finding of guilt in relation to an offence is a finding of guilt for the purposes of this Act even if it is —
(a)a spent conviction as defined in the Spent Convictions Act 1988 section 3(1); or
(b)a finding of guilt that under a law in any Australian jurisdiction a person is not required to disclose.
(1)A person is in possession of a thing in any of the following circumstances —
(a)the person has actual physical possession of it;
(b)the person has the custody or control of it, whether directly or remotely;
(c)the person has and exercises access to it in a place either alone or in common with others;
(d)the person occupies, or has care, control or management of, a place where it is found;
(e)the person is in charge of a vehicle where it is found.
(2)A person is in possession of firearm technology in any of the circumstances provided for by subsection (1) and in the following circumstances —
(a)the person is in possession (as provided by subsection (1)) of a computer or other data storage device on which the firearm technology is held or contained;
(b)the person controls or accesses the firearm technology by means of a remote computer or web portal (even if the remote computer or web portal is in the control of another person or is outside the State).
(3)A person is not in possession of a thing if —
(a)the person is in possession of the thing solely by reason of circumstances referred to in subsection (1)(d) or (e); and
(b)the thing is in the lawful possession of another person at the time.
(4)If a thing is carried in parts by, or is otherwise in the possession of, 2 or more persons, each of those persons is taken to be in possession of the thing.
(5)If a person is using a firearm under the supervision of a person (the supervisor), both the supervisor and the person using the firearm are in possession of the firearm.
(1)A person’s possession of a thing is immediate possession of the thing if the person —
(a)has actual physical possession of the thing; or
(b)has custody or control of the thing in close proximity to the person.
(2)A person does not have a firearm or other thing in the person’s immediate possession when possession is possession in compliant storage.
(1)A major firearm part is any of the following, made or modified for use as part of a firearm —
(a)a gas piston, friction assembly, action bar, breech bolt or breech block;
(b)a frame, chassis or stock, including a frame blank, or chassis blank;
(c)a barrel or barrel blank;
(d)an assembled trigger mechanism;
(e)a receiver or slide;
(f)a magazine;
(g)a thing that includes at least 1 of the things listed in paragraphs (a) to (f);
(h)any other thing that is prescribed by the regulations.
(2)A firearm authority that authorises possession of a firearm (the authorised firearm) also authorises possession of the major firearm parts that comprise the authorised firearm.
Note for this subsection:
A person who is authorised by a firearm authority to possess a firearm does not require separate authority to possess the major firearm parts that comprise the firearm.
15.Relevant management positions
(1)A person holds a relevant management position in a body corporate if the person holds any of the following positions in the body other than a position that the Commissioner has determined under subsection (3) is not a relevant position for the purposes of holding a firearm authority —
(a)the position of director, manager or other executive position or secretary, however that position is designated;
(b)a position on the governing body of the body, however that position is designated.
(2)A person holds a relevant management position in a partnership if the person is a member of the partnership.
(3)The Commissioner may determine, either generally or in a particular case, that a particular position in a body corporate is not a relevant position for the purposes of holding a firearm authority.
16.Delegation of Commissioner’s powers and duties
(1)The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to a police officer or employee of the Department.
(2)The Commissioner cannot delegate the power to make or revoke a firearms prohibition order except to a police officer of or above the rank of Commander.
(3)A delegation by the Commissioner under this section must be in writing signed by the Commissioner.
(4)A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(5)A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(6)Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent.
(1)In this section —
exempt person means —
(a)a police officer or an employee of the Department; or
(b)a member of the Australian Federal Police or of the police force of another State or a Territory; or
(c)a member of the Australian Defence Force.
(2)An exempt person is exempt from the operation of the following provisions of this Act (and any regulations made for the purposes of those provisions) in respect of any act or omission by the exempt person in the ordinary course of their duties as an exempt person —
(a)Part 5 (which requires the authority of a licence or permit for the possession and use of, and other activities involving, firearms and related things);
(b)Part 7 (which relates to security and storage of firearms and related things).
(3)Subsection (2) does not affect the operation of any provision of this Act that confers a function on a police officer.
(4)Without limiting the Interpretation Act 1984 section 43(8)(d), the regulations may —
(a)exempt a person or class of persons from the operation of Parts 5 and 7 (and any regulations made for the purposes of those Parts); and
(b)specify circumstances in which, and conditions subject to which, such an exemption applies.
(5)An exemption pursuant to a regulation under subsection (4) is an exemption under this section for the purposes of a reference in another provision of this Act to an exemption under this section.
(6)A person who is exempt from the operation of a provision of this Act in respect of an act or omission by the person is not guilty of an offence arising under the provision or arising as a result of a contravention of the provision.
(7)Conduct of a person that would be a contravention of a provision of this Act were it not for an exemption under this section is taken to be conduct that is authorised by a licence for the purposes of a reference in a provision of this Act or any other written law to conduct authorised by a licence.
(1)In this section —
antique firearm means —
(a)a muzzle loading firearm manufactured before 1900; or
(b)any other firearm manufactured before 1900 that is not an excluded firearm;
excluded firearm means any of the following firearms —
(a)a handgun that is capable of discharging breech‑loaded cartridge ammunition (even if that ammunition is obsolete ammunition);
(b)a handgun that is a percussion lock or cap lock firearm;
(c)a firearm (other than a handgun) that is capable of discharging breech‑loaded cartridge ammunition other than obsolete ammunition;
(d)a firearm that has revolving chambers or barrels;
(e)a cannon;
obsolete ammunition means ammunition that the Commissioner has determined under subsection (5) is not commercially available.
(2)A licence is not required to authorise the possession, acquisition or supply by a person of an antique firearm, and Part 5 does not apply to the possession, acquisition or supply of an antique firearm by a person.
Note for this subsection:
The use of an antique firearm is not authorised without a licence or permit.
(3)Subsection (2) does not apply to the possession, acquisition or supply of an antique firearm by a disqualified person or prohibited person.
(4)Subsection (2) does not prevent the grant of a licence or permit that authorises the possession, acquisition or supply of an antique firearm.
(5)The Commissioner may, for the purposes of this section, determine that ammunition is not commercially available.
(6)A determination that ammunition is not commercially available must be published in the Gazette.
[Parts 2-17 have not come into operation.]
This is a compilation of the Firearms Act 2024. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Firearms Act 2024 Pt. 1 |
23 of 2024 |
27 Jun 2024 |
27 Jun 2024 (see s. 2(a)) |
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|
Firearms Act 2024 (other than Pt. 1) |
23 of 2024 |
27 Jun 2024 |
Pt. 16: 28 Jun 2024 (see s. 2(b)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
acquire5
ammunition5
antique firearm18(1)
approval5
approved5
approved firearms trainer5
assent day2
authorised firearm14(2)
authorised person5
calibre5
category5, 8(3)
Commissioner5
deal in5
Department5
disqualified person5, 9(1)
disqualifying offence5
disqualifying order5
disseminate5
excluded firearm18(1)
exempt person17(1)
family violence5
finding of guilt5, 11(1) (2) and (3)
fire5
firearm5, 6(1) (2) and (3)
firearm authority5
firearm authority health standards5
firearms prohibition order5
firearms training5
firearm technology5
give possession5
Government entity5
handgun5
immediate possession5, 13(1) and (2)
information5
interim disqualified person5, 9(2)
licence5
licence card5
licensed firearm club5
licensed firearm range5
major firearm part5, 14(1)
member10(2)
member of a disqualifying organisation5, 10(1)
obsolete ammunition18(1)
occupier5
officer5
paintball5
paintball gun5
paintball pellet5
permit5
place5
possession5, 12(1), (2), (3), (4) and (5)
possession in compliant storage5
prescribed paintball gun5
prescribed paintball pellet5
prohibited accessory5
prohibited ammunition5
prohibited firearm5
prohibited person5
projectile5
reasonably suspects5
related thing5
relevant management position5, 15(1), 15(2)
responsible person4(3)
serial number5
sound suppressor5
supply5
the supervisor12(5)
thing relevant to an offence5
use a firearm5
uses a firearm7(1)
vehicle5
young person5
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer