Arms Act 1983

Miscellaneous provisions - Other miscellaneous provisions

78: Transitional provisions

You could also call this:

"Rules for when the old law changes to the new Arms Act"

Illustration for Arms Act 1983

You have a dealer's licence from the Arms Act 1958. It will still be valid until 31 March 1985. You can have it revoked or renewed under the new Act. Your licence will be treated as if it was issued under the new Act. You have a permit from the Arms Act 1958. It will still be valid, but you must follow section 18(3) of the new Act. Your permit will be treated as if it was issued for the purposes of section 16(1) of the new Act. Some permits will cease to have effect when the new Act starts. You own a firearm and are registered under the Arms Act 1958. You will be deemed to have a firearms licence until 31 January 1985. This means you can keep your firearm, even if it is a pistol. You have a shotgun and do not need to be registered to own it. You will be deemed to have a firearms licence until 31 January 1985. This means you can keep your shotgun. You have an unlawful weapon and a licence under the Arms Act 1958. You will be deemed to have a firearms licence with an endorsement until 31 January 1985. This means you can keep your unlawful weapon. You can carry a pistol under the Arms Act 1958. You will be deemed to have a firearms licence until 31 March 1985. Your licence will have the same conditions as before. There are appeals pending under the Arms Act 1958. These appeals will be heard as if the old Act was still in place. The District Court Judge can make special orders for these appeals. The Acts Interpretation Act 1924 will apply, but with some changes. You can find more information about this Act on the Acts Interpretation Act 1924 page.

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Part 9Miscellaneous provisions
Other miscellaneous provisions

78Transitional provisions

  1. Every dealer's licence which is issued under the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, until the close of 31 March 1985, continue and have effect as if it had been issued under this Act; and any such licence may be revoked or renewed under this Act.

  2. Every permit which is issued under section 6 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall, subject to section 18(3) of this Act, continue and have effect as if it had been issued for the purposes of section 16(1) of this Act.

  3. Every permit which is issued under section 7 of the Arms Act 1958 and which is in force immediately before the commencement of this Act shall cease to have effect on the commencement of this Act.

  4. Every person who, immediately before the commencement of this Act, is lawfully in possession of a firearm by virtue of—

  5. being registered as the owner of that firearm under section 9 of the Arms Act 1958; or
    1. having procured possession of a firearm (other than a shotgun or a firearm in respect of which he is registered as the owner) pursuant to a permit under section 6 of the Arms Act 1958,—
      1. shall, subject to section 27 of this Act, be deemed, until the close of 31 January 1985 to be the holder of a firearms licence entitling him to have possession of the firearm so lawfully in his possession (whether or not it is a pistol).

      2. Every person (not being a person to whom subsection (4) applies) who, immediately before the commencement of this Act, is lawfully in possession of a shotgun shall, subject to section 27, be deemed, until the close of 31 January 1985, to be the holder of a firearms licence entitling him to have possession of that shotgun.

      3. Every person who, immediately before the commencement of this Act, is, by virtue of a licence under section 12(3) of the Arms Act 1958, lawfully in possession of an unlawful weapon or of any part or parts of an unlawful weapon shall, subject to sections 27 and 33 of this Act, be deemed, until the close of 31 January 1985, to be the holder of a firearms licence bearing an endorsement under section 30 of this Act permitting him to have possession of that weapon or of that part or those parts of that weapon.

      4. Every person who, immediately before the commencement of this Act, is, by virtue of a licence granted under section 13 of the Arms Act 1958, entitled to carry a pistol in any place beyond the limits of his dwellinghouse, or the curtilage thereof, shall, subject to sections 27 and 36(2) of this Act, be deemed, until the close of 31 March 1985, to be the holder of a firearms licence and to have had the conditions (which are endorsed on his licence under section 13 of the Arms Act 1958) endorsed on that firearms licence under section 36(1) of this Act.

      5. All appeals that have been commenced under section 14 of the Arms Act 1958 and are pending at the commencement of this Act shall be heard and determined as if the Arms Act 1958 had not been repealed; but, on the hearing of any such appeal, the District Court Judge, in addition to the powers conferred on him by that Act, may order that, for the purposes of this section, the appellant shall be treated—

      6. as if his licence, permit, or certificate had been in force immediately before the commencement of this Act:
        1. as if he had been lawfully in possession of a firearm, pistol, or unlawful weapon immediately before the commencement of this Act:
          1. as if certain conditions were not, immediately before the commencement of this Act, conditions of his licence or permit.
            1. The Acts Interpretation Act 1924 shall apply subject to this section.