SOUTH
AUSTRALIA
1. Is
it a requirement that an ammunition collector in your state/territory be a
member of a cartridge collecting association such as the Australian Cartridge
Collectors Association (ACCA) or the International Ammunition Association (IAA)?
(1)
No.
2. Which
section of your state/territory Firearms Act refers to collecting, selling,
buying or trading ammunition? (It is likely there is more than one section or
sub-section.)
(2)
Division
5 of the Firearms Act and Part 5 of the Firearms Regulations.
3. Could
you provide me a photocopy of the relevant section/s in your Firearms Act
dealing with collecting, selling, buying, trading or anything else to do with
ammunition? (Or, if your Firearms Act is available on the internet, could you
please provide me the web address?)
(3)
Firearms
Act (Division 5—Acquisition of
ammunition)
21B—Acquisition of ammunition
1.
A person must not purchase ammunition or accept ammunition as a gift
unless he or she is the holder of—
a.
a firearms licence (not being a collector's licence) that authorises
possession of a firearm designed to fire that ammunition; or
b.
a permit granted by the Registrar entitling the holder to acquire
ammunition of that kind.
2.
A person who contravenes subsection (1) is guilty of an offence.
2a.
In proceedings for an offence against subsection (2) the onus is on the
defendant to establish that he or she held the licence or permit required by
subsection (1) when the ammunition was acquired.
3.
The Registrar must not grant a permit to acquire ammunition unless
satisfied that the applicant—
a.
is a fit and proper person to have possession of ammunition of the kind
that may be acquired under the permit; and
b.
has a genuine reason for making the application.
4.
When granting a permit the Registrar must not restrict the kind of
ammunition that can be acquired unless it is, in the Registrar's opinion,
necessary to do so in order to comply with subsection (3).
5.
A person who sells or supplies ammunition to another person knowing, or
having reason to believe, that that other person—
a.
is not the holder of a firearms licence
(other than a collector's licence) that authorises possession of a firearm
designed to fire that ammunition; and
b.
is not the holder of a permit granted by
the Registrar authorising the acquisition of that ammunition, is guilty of an
offence.
6.
This section does not apply in relation to the acquisition of
ammunition—
a.
by
a licensed dealer in ammunition in the ordinary course of business as a dealer
in ammunition; or
b. by a recognised
firearms club for distribution to members of, or visitors to, the club; or
c. by a
member of a recognised firearms club from the club; or
d. from a
recognised firearms club by a visitor to the club for use on the grounds of the
club in a manner authorised by the club; or
da. by a recognised paint-ball operator for distribution to
participants in an organised activity involving the use of paint-ball firearms
(but no other firearms) on grounds of a recognised paint-ball operator; or
e. by a person for
use by that person in a firearm in circumstances in which that person is not
required by this Act to hold a firearms licence.
7.
In proceedings for an offence against this section the onus is on the
defendant to prove that he or she was entitled to purchase, accept, sell or
supply the ammunition by virtue of subsection (6).
8.
The maximum penalty for an offence against this section is $10 000 or
imprisonment for two years.
Firearms Regulations
Part 5—Acquisition of ammunition
An application to the Registrar for a permit to acquire
ammunition—
a.
must be in a form approved by the Registrar; and
b.
must be accompanied by information required by the Registrar; and
c.
must be accompanied by the prescribed fee.
28A—Limit on quantity of ammunition
A person must not own or have in his or
her possession ammunition that exceeds the reasonable needs of that person for
the immediately following period of 12 months.
See:
www.legislation.sa.gov.au
for
more information.
4. If
an ammunition collector in your state/territory needs information from their
Firearms Registry regarding collecting, selling, buying or trading ammunition,
who is the best person (the most conversant member in your section in that area
of the legislation) they could speak with and their contact number?
(4)
Contact the Adjudication for Licences &
Permits Section – (08) 8204 2495.
5.
What
is the situation in your state/territory regarding collecting, selling, buying
or trading ammunition in the following situations:
a) someone with a Shooters
Licence?
b)
someone
with a Firearms Dealers Licence?
c)
someone
who does not have a shooters or dealers licence - they do not own any firearms
and collect ammunition only?
(5)
a.
May only buy ammunition for
firearms they are registered as owning.
b. May
buy and sell ammunition.
c. They
require a Permit to Acquire. This lasts for three years and is not renewable –
a new permit must be applied for.
6. In
the case of (a) above, is the ammunition they can collect, sell, buy or trade
dependent solely on which category of firearms their licence allows? For example
if they are only registered as owning .22LR rimfire firearms, is .22LR rimfire
ammunition the only ammunition they can collect? If this is so, what does a
collector then need to do to ensure they can collect, buy, sell or trade other
ammunition such as shotgun or centrefire cartridges in your state/territory?
(6)
Yes.
7. Does
your state/territory legislation have any special or unusual requirements for
individuals that collect, sell, buy or trade ammunition?
(7) Not
applicable.
8.
What
are the storage requirements for ammunition in your state/territory? In other
words, how much security is required?
(8)
Part 6—Security of firearms and ammunition
1.
Ammunition must be stored in a locked container separately from firearms.
2. A person must not have possession of a
round of ammunition that includes high explosives or that is designed to kill,
injure or incapacitate by means of smoke or chemicals.
3.
A person must not have possession of a round of military ammunition
unless—
a. it
has been modified so that it is incapable of being fired; or
b.
it is of United Nations Hazard classification Code 1.4S and
has a calibre of less than 19.1mm.
9.
Are
any limits imposed on collectors as to what quantity
of ammunition they can collect?
(9)
The Regulations (Part 5 28A) state a person must
not have more ammunition than they could use in a 12 month period however this
would not apply to collectors.
10.
Are ammunition components such as
bullets, primers, percussion caps, propellant, empty cartridge cases and so on
regarded as ammunition in your state/territory and therefore subject to the same
storage requirements? (ie a requirement they all be securely locked away?)
(10)
This is not mentioned specifically in the Act,
so ammunition components would not be classified as ammunition.
11.
What
are your laws regarding transporting ammunition?
This refers to both transporting it intrastate re security issues, and
transporting it interstate.
(11)
Transporting
ammunition is covered in the Explosive Act in
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