362Regulations

1. The Governor-General may, by Order in Council, make regulations—

   General

2. providing for anything this Act says may or must be provided for by regulations:

Licensing and approvals

3. providing for applicants for firearms licences to pass theoretical and practical tests as to their ability to handle firearms safely or to undergo courses of training designed to teach them to handle firearms safely:
4. exempting applicants or classes of applicants for firearms licences from passing tests prescribed under paragraph (2):
5. prescribing the requirements to be an approved ammunition seller:
6. extending the expiry date of licences, approvals, and endorsements in the event of a pandemic, an epidemic, or an emergency being declared under the Civil Defence Emergency Management Act 2002:
7. providing for the issue of licences in any form:
8. providing for the replacement of licences and approvals:

Sale or hire of arms items

9. providing for 1 or more of the following in relation to the sale or hire of any arms item and ammunition:
   1. material that must be included in any advertising, promotion, or display of any arms item and ammunition:
   2. advice that must be provided about legal conditions and requirements that apply to the purchase, possession, and use of arms items and ammunition (such as the legal age of purchase, licence or endorsement requirements, safe handling, transport, and storage):
   3. different requirements for different types of sale or hire activities carried out by licensed businesses:

Security and storage of arms items

10. making provision for the secure storage of a vital part removed from a restricted firearm or restricted weapon to render it inoperable and prescribing precautions to be taken to prevent the theft or misuse of vital parts in the possession of any person or class of persons:
11. making provision for the security of any premises at which a licensed business carries on business, and prescribing precautions to be taken to prevent the theft or misuse of firearms, airguns, pistols, restricted items, restricted weapons, pistol carbine conversion kits, ammunition, and explosives in the possession of licensed businesses:
12. making provision for the security of any premises at which an ammunition seller carries on business, and prescribing precautions to be taken to prevent the theft or misuse of ammunition in the possession of ammunition sellers:
13. making provision for the security of premises at which any arms item or class of arms items is kept, and prescribing precautions to be taken to prevent the theft or misuse of standard firearms, airguns, pistols, restricted items, restricted weapons, pistol carbine conversion kits, ammunition, and explosives in the possession of any person or class of persons:

Modifying restricted firearms

14. prescribing the process for permanently modifying a restricted firearm into a non-restricted firearm:

Health practitioner reports

15. providing for 1 or more of the following in relation to notices given by health practitioners for the purposes of section 361:
    1. the information that the chief executive must provide to a licence holder when notifying the holder that a report has been received from a health practitioner:
    2. the period within which a licence holder must undergo a further assessment or surrender their licence for the purposes of section 361(3), and any time limits or other requirements that apply to the assessment:
    3. the kinds or classes of health practitioners who may make a further assessment under section 361 for the purposes of section 361(3):
    4. the responsibilities of a health practitioner who makes a further assessment:

Pistol shooting clubs and ranges

16. prescribing conditions to which certificates of approval granted to pistol shooting clubs may be subject:
17. prescribing conditions to which certifications granted to pistol shooting ranges may be subject:
18. prescribing the particulars that are required to be included in annual reports of pistol shooting clubs, including (but not limited to) finances, storage, safety, discipline, training, competitions, office holders, membership, participating non-members, attendance, and ratios of members who are licence holders, endorsement holders, or trained range officers to those who are not:

Firearms Licensing Review Committee

19. providing for matters not inconsistent with this Act that relate to the procedure to be followed by the Firearms Licensing Review Committee in conducting a review:

Arms advisory group

20. providing for matters not inconsistent with this Act that relate to the operation of the arms advisory group continued under section 320, including provisions that—
    1. state the quorum necessary for the transaction of the group’s business:
    2. require members to disclose any direct or indirect interest in a matter on which the group is providing advice:
    3. prohibit members from disclosing any information provided to them in confidence in their capacity as members of the group:

Arms registry

21. providing for any matters necessary or desirable for the efficient operation of the arms registry, including provisions that—
    1. require licence holders or other persons to provide specified information to the chief executive for inclusion in the arms registry and specify the circumstances in which the requirement applies:
    2. specify the manner or form in which information is required to be provided to the chief executive for inclusion in the arms registry:
    3. impose additional requirements to be met for the purposes of the arms registry by licensed businesses that apply for consent to conduct business activities from places additional to the place of business specified in a business licence:
    4. impose additional requirements to be met for the purposes of the arms registry by persons who apply for—
       1. an endorsement to permit a restricted firearm:
       2. a permit to import:
       3. a permit to possess:
    5. impose different requirements for different kinds of licences, conditions, or endorsements:

Guidance

22. about guidance or details of an administrative nature that the chief executive may issue in relation to this Act, including about—
    1. the form or content of the guidance or details:
    2. the persons that may or must be consulted in preparing the guidance or details:
    3. the manner in which the guidance or details must be published or notified:

Infringement offences

23. specifying, generally or particularly, any of the following as an infringement offence—
    1. a breach of any condition to which a firearms licence is subject under section 73 or 74:
    2. a breach of any condition to a business licence is subject under section 92 or 93:
    3. a breach of any condition to which a curator licence is subject under section 104 or 106:
    4. a breach of any condition to which a museum worker licence is subject under section 114 or 115:
    5. a breach of any condition to which a visitor licence is subject under section 127 or 128:
    6. a breach of any condition to which an approval granted under section 172 is subject under section 177:
    7. a failure to comply with an improvement notice issued under section 181 or 243:
    8. a failure to give notice, and comply with, sections 133, 136, or 137:
24. prescribing infringement offences for the breach of regulations:
25. prescribing for infringement offences—
    1. maximum fines not exceeding—
       1. $1,500 in the case of an individual; or
       2. $3,000 in any other case:
    2. infringement fees not exceeding $1,000:

Other

26. conferring or providing for exemptions from any provision of any regulation:
27. prescribing offences in respect of the contravention of or non-compliance with any regulations, and the amounts of fines that may be imposed in respect of any the offences, which fines must not be an amount exceeding $2,000:
28. providing, for the purposes of the orderly implementation of any Order in Council made under section 363, for—
    1. any exemptions from any provisions of this Act or the regulations (subject to terms or conditions, if any); and
    2. any other transitional or savings matters:
29. prescribing the requirements for giving any notice of information to a person where that information is required to be given by this Act:
30. providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.

31. Regulations made under subsection (1)(20) may be made only on the recommendation of the responsible Minister after being satisfied that the Secretary for Justice has—

32. consulted the Privacy Commissioner about the proposed regulations; and
33. complied with the consultation requirements of subsection (3).

34. Regulations may be made under this section only on the recommendation of the responsible Minister after being satisfied that the Secretary for Justice has—

35. consulted the chief executive; and
36. consulted the Police; and
37. done everything reasonable to consult other persons or organisations (or representatives of those organisations) that appear to the Secretary for Justice to be affected or likely to be affected by the regulations, unless the responsible Minister is satisfied that in the circumstances it was not practicable to consult to that extent or to carry out any consultation.

38. No regulations made under subsection (1)(8) may come into force earlier than 3 months after the date of their publication under the Legislation Act 2019 unless the responsible Minister is satisfied that in all the circumstances there are reasons that justify an earlier commencement date and recommends accordingly.

39. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).