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ARMS (SHOOTING CLUBS, SHOOTING RANGES, AND OTHER MATTERS) AMENDMENT ACT 2025 - SECT 5
Part 6 replaced
5 Part 6 replaced
Replace Part 6 with:
38A Interpretation In this Part,—
"application for approval" means an application made under section 38D to have
a pistol shooting club approved
"application for certification" means an application made under section 38S to
have a pistol shooting range certified
"non-pistol shooting club" means a shooting club that is not a
pistol shooting club
"non-pistol shooting range" means a shooting range at which pistols cannot be
used
"pistol shooting club" means a shooting club that facilitates participation in
shooting activities that include the use of pistols
"pistol shooting range" means a shooting range at which pistols can be
used
"range operator" means the person who is operating, or proposing to operate, a
shooting range
"range standing orders" , in relation to a shooting range, means a document
that— a) describes the design of the shooting range; and
b)
sets out the operational detail, and conditions of use, of the shooting range
"shooting activities" — a) means activities that are carried out using a
firearm or an airgun for the purpose of shooting at inanimate targets (whether
fixed or moving); but
b) excludes— i) paintball shooting; and
ii) airsoft
shooting
"shooting club" means a voluntary association of people who— a) act in
accordance with a set of written rules; and
b) participate in, or intend to
participate in, shooting activities on a regular basis
"shooting event" , in relation to a temporary non-pistol shooting range, means
an event that— a) includes shooting activities; and
b) lasts for not more
than 4 days, with the first day being the day the event commences for
participants (who are not event organisers or staff)
"shooting range" — a) means a facility (whether indoor or outdoor), or a
designated area of land, used by a shooting club or members of the public for
the primary purpose of carrying out shooting activities; and
b) includes any
defence area (as that term is defined in section 2(1) of the Defence Act 1990
) used by a shooting club
"temporary non-pistol shooting range" means a non-pistol shooting range that
is set up temporarily for no more than 2 shooting events in any calendar year.
38B Pistol shooting club must have certificate of approval 1 A
pistol shooting club must hold a certificate of approval issued by the
Commissioner.
2 A person commits an offence and is liable on conviction to a
fine not exceeding $10,000 if the person, without reasonable excuse,
establishes or operates a pistol shooting club without the club holding a
certificate of approval.
38C Pistol shooting club must be incorporated
society A pistol shooting club may not hold a certificate of approval under
section 38G unless the club is registered as an incorporated society under—
a) the Incorporated Societies Act 1908 ; or
b) the
Incorporated Societies Act 2022 .
38D Application for certificate of approval
in respect of pistol shooting club 1 An application for a certificate of
approval in respect of a pistol shooting club may be made only by a person who
is authorised by the pistol shooting club to make the application on its
behalf.
2 An application for approval must be made to the Commissioner in the
manner prescribed by regulations made under this Act, and must— a) be in a
form approved by the Commissioner; and
b) be supported by any information and
documents that are prescribed; and
c) be accompanied by the prescribed
application fee (if any).
38E Commissioner may make inquiries and request
further information On receipt of an application for approval, the
Commissioner— a) may make whatever inquiries the Commissioner considers
necessary to determine whether the application should be granted; and
b) may
request the applicant to provide any further information or documents that the
Commissioner considers necessary to determine whether the application should
be granted.
38F Decision on application for certificate of approval The
Commissioner may grant an application for approval if the Commissioner is
satisfied that the pistol shooting club— a) will be using a certified
pistol shooting range for its shooting activities; and
b) has rules relating
to the safe operation of firearms and promotes the safe possession and use of
firearms; and
c) is appropriately administered; and
d) is able to safely
manage its shooting activities; and
e) has proper storage for any firearm or
ammunition held at any of the club’s premises or at a certified
pistol shooting range used by the club.
38G Issue of certificate of approval
1 If the Commissioner grants an application for approval, the Commissioner
must issue to the pistol shooting club a certificate of approval.
2 A
certificate of approval may be granted subject to any conditions that the
Commissioner considers appropriate.
38H Duration of certificate of approval A
certificate of approval granted to a pistol shooting club continues until—
a) surrendered by the pistol shooting club; or
b) cancelled by the
Commissioner.
38I Cancellation of certificate of approval 1 The Commissioner
must cancel a pistol shooting club’s certificate of approval if the
Commissioner is satisfied that— a) the pistol shooting club is not using a
certified pistol shooting range for its shooting activities; or
b) the
pistol shooting club is no longer carrying on its operations; or
c) the
pistol shooting club no longer meets the requirements in section 38C or 38F ;
or
d) the pistol shooting club has failed to comply with an improvement
notice issued under section 38XL .
2 The Commissioner may cancel a
shooting club’s certificate of approval if the Commissioner is satisfied
that— a) the shooting club has failed to comply with any conditions to which
its certificate of approval is subject; or
b) the shooting club has failed to
report any serious firearms-related safety incident; or
c) any activity of
the shooting club has raised any reasonable concern about the safety of its
members or the public.
38J Annual reports 1 A pistol shooting club must, not
later than 2 months after the close of each financial year, provide to the
Commissioner an annual report on its operations for that year.
2 An annual
report must include the particulars prescribed in regulations made under this
Act.
3 In this section,
"financial year" means a period of 12 months commencing on 1 July in each
year and ending on 30 June in the following year.
38K
Non-pistol shooting club must be enrolled 1 A non-pistol shooting club must be
enrolled.
2 A person commits an offence and is liable on conviction to a fine
not exceeding $10,000 if the person, without reasonable excuse, establishes or
operates a non-pistol shooting club without the club being enrolled.
38L
Non-pistol shooting club must be incorporated society in certain circumstances
1 If firearms are sold to persons on behalf of a non-pistol shooting club, the
club may not be enrolled under section 38O unless it is registered as an
incorporated society under— a) the Incorporated Societies Act 1908 ; or
b)
the Incorporated Societies Act 2022 .
2 If ammunition is sold to persons on
behalf of a non-pistol shooting club, the club may not be enrolled under
section 38O unless it is registered as an incorporated society under— a) the
Incorporated Societies Act 1908 ; or
b) the Incorporated Societies Act 2022 .
3 However, subsection (2) does not apply if ammunition is sold to persons on
behalf of the non-pistol shooting club for use on the day of sale at a club
shooting activity and the ammunition is— a) used by the persons at the club
shooting activity; or
b) stored on the premises of the club after the club
shooting activity.
38M Application for enrolment in respect of
non-pistol shooting club 1 An application for enrolment in respect of a
non-pistol shooting club must be made,— a) if the non-pistol shooting club
is a body corporate, by a person who is authorised to make the application; or
b) if the non-pistol shooting club is not a body corporate, by the club’s
representative who is authorised by the club to make the application.
2 An
application for enrolment must be made to the Commissioner in the manner
prescribed by regulations made under this Act, and must— a) be in a form
approved by the Commissioner; and
b) be supported by any information and
documents that are prescribed; and
c) be accompanied by the prescribed
application fee (if any).
38N Commissioner may make inquiries and request
further information On receipt of an application for enrolment from a
non-pistol shooting club, the Commissioner may, for the purpose of determining
whether the information provided is complete and correct,— a) make whatever
inquiries the Commissioner considers necessary; and
b) request the applicant
to provide any further information or documents.
38O Confirmation of
enrolment If the Commissioner is satisfied that an application is made in
accordance with section 38M and that the information provided is complete and
correct, the Commissioner must— a) place the name and details of the
non-pistol shooting club on the roll of non-pistol shooting clubs; and
b)
notify the non-pistol shooting club that it is enrolled and of the date of its
enrolment.
38P Commissioner to keep roll of non-pistol shooting clubs The
Commissioner must establish and maintain a roll of non-pistol shooting clubs.
38Q Cancellation of enrolment The Commissioner must cancel a
non-pistol shooting club’s enrolment if— a) the non-pistol shooting club
requests the cancellation of its enrolment; or
b) the Commissioner is
satisfied that the club is no longer carrying on its operations.
38R
Pistol shooting ranges must be certified 1 A person may not operate a
pistol shooting range unless the shooting range is a certified
pistol shooting range.
2 A person commits an offence and is liable on
conviction to a fine not exceeding $10,000 if the person, without reasonable
excuse, contravenes subsection (1).
38S Application for certification of
pistol shooting range 1 An application for certification of a
pistol shooting range may be made,— a) if the person who is proposing to
operate the range is an individual, by that individual; or
b) if the person
who is proposing to operate the range is a body corporate, by a person who is
authorised to make the application; or
c) if the person who is proposing to
operate the range is not an individual or a body corporate, by the person’s
representative who is authorised by the person to make the application.
2 An
application for certification must be made to the Commissioner in the manner
prescribed by regulations made under this Act, and must— a) be in a form
approved by the Commissioner; and
b) be supported by any information and
documents that are prescribed; and
c) be accompanied by the prescribed
application fee (if any).
38T Commissioner may make inquiries and request
further information On receipt of an application for certification, the
Commissioner may— a) make whatever inquiries the Commissioner considers
necessary to determine whether the application should be granted; and
b)
request the applicant to provide any further information or documents that the
Commissioner considers necessary to determine whether the application should
be granted.
38U Decision on application to have pistol shooting range
certified The Commissioner may grant an application for certification if the
Commissioner is satisfied that— a) the pistol shooting range meets all
required safety standards published by the Commissioner; and
b) all necessary
territorial authority and regional council consents to operate the
pistol shooting range have been obtained.
38V Grant of certification If the
Commissioner grants an application for certification in respect of a
pistol shooting range, the Commissioner must issue a certificate to the
applicant.
38W Certification granted subject to condition 1 A certificate
granted under section 38V is subject to the condition that, at all times while
the certified pistol shooting range is in use, an officer is on duty who— a)
holds a firearms licence; and
b) is appropriately trained in
pistol shooting range safety management.
2 Certification granted under
section 38V may be made subject to any other conditions that the Commissioner
considers appropriate, which may include conditions relating to— a)
maintenance of the shooting range:
b) public access to the shooting range:
c) restrictions on the types of firearms and ammunition that may be used at
the shooting range:
d) competitions that may be conducted at the
shooting range.
3 The operator of a certified pistol shooting range must
request the Commissioner to review the certification of the range if it is
intended that the operation of the range will depart from the conditions
imposed by or under this section.
38X Duration of certification A certificate
issued in respect of a pistol shooting range remains in force for 5 years
after the date on which it is issued unless the certificate is sooner
surrendered or cancelled.
38XA Cancellation of certification The Commissioner
may cancel certification in respect of a pistol shooting range if the
Commissioner is satisfied that— a) the shooting range is no longer being
operated as a pistol shooting range; or
b) the shooting range is not being
operated with proper regard to individual or public safety; or
c) the
range operator is not complying with any conditions imposed under section 38W
; or
d) having regard to the matters specified in section 38U , it is no
longer appropriate that the shooting range be certified; or
e) the
range operator has failed to comply with an improvement notice issued under
section 38XL .
38XB Renewal of certification 1 A certificate granted under
section 38V may be renewed on 1 or more occasions.
2 Sections 38S to 38XA
apply to an application for renewal of certification as if the application
were an application for certification, unless subsection (4) applies.
3 A
renewed certificate is to be treated for all purposes as a new certification
granted under section 38V .
4 If the circumstances of the shooting range have
not changed significantly for 5 years, the applicant may initiate the renewal
of the certification by using a form approved by the Commissioner instead of
applying under section 38S .
38XC Non-pistol shooting ranges that are not
temporary non-pistol shooting ranges must be enrolled 1 A person may not
operate a non-pistol shooting range (that is not a
temporary non-pistol shooting range) unless the shooting range is enrolled.
2
A person commits an offence and is liable on conviction to a fine not
exceeding $10,000 if the person, without reasonable excuse, contravenes
subsection (1).
38XD Temporary non-pistol shooting ranges must be notified to
Commissioner 1 The following persons may operate a
temporary non-pistol shooting range: a) a shooting club:
b) a member of a
shooting club:
c) an operator of— i) a pistol shooting range that is
certified under section 38V ; or
ii) a non-pistol shooting range that is
enrolled under section 38XH .
2 The operator of a
temporary non-pistol shooting range must notify the Commissioner of the
temporary non-pistol shooting range.
3 A person commits an offence and is
liable on conviction to a fine not exceeding $10,000 if the person, without
reasonable excuse, contravenes subsection (2).
38XE Application for enrolment
of non-pistol shooting range 1 An application for the enrolment of a
non-pistol shooting range must be made,— a) if the person who is proposing
to operate the range is an individual, by that individual; or
b) if the
person who is proposing to operate the range is a body corporate, by a person
who is authorised to make the application; or
c) if the person who is
proposing to operate the range is not an individual or a body corporate, by
the person’s representative who is authorised by the person to make the
application.
2 An application for enrolment must be made to the Commissioner
in the manner prescribed by regulations made under this Act, and must— a) be
in a form approved by the Commissioner; and
b) include a declaration
declaring that— i) the non-pistol shooting range has range standing orders
that have been approved by the association the range is affiliated with or the
Police; and
ii) all necessary territorial authority and regional council
consents to operate the non-pistol shooting range have been obtained; and
c)
be supported by any information and documents that are prescribed; and
d) be
accompanied by the prescribed application fee (if any).
38XF Commissioner may
make inquiries and request further information On receipt of an application
from an applicant for the enrolment of a non-pistol shooting range, the
Commissioner may, for the purpose of determining whether the information is
complete and correct,— a) make whatever inquiries the Commissioner considers
necessary; and
b) request the applicant to provide any further information or
documents.
38XG Decision on application to have non-pistol shooting range
enrolled The Commissioner must grant an application for the enrolment of a
non-pistol shooting range if the Commissioner is satisfied that— a) the
application is made in accordance with section 38XE ; and
b) all information
provided in the application, and any information provided in response to a
request under section 38XF(b) , is complete and correct.
38XH Confirmation of
enrolment If the Commissioner grants an application for the enrolment of a
non-pistol shooting range, the Commissioner must— a) place the name and
details of the non-pistol shooting range on the roll of
non-pistol shooting ranges; and
b) notify the applicant that the
non-pistol shooting range is enrolled and of the date of the enrolment.
38XI
Commissioner to keep roll of non-pistol shooting ranges The Commissioner must
establish and maintain a roll of non-pistol shooting ranges.
38XJ
Cancellation of enrolment The Commissioner may cancel a
non-pistol shooting range’s enrolment if— a) the range operator requests
the cancellation of the enrolment of the range; or
b) the Commissioner is
satisfied that the range is no longer being operated as a
non-pistol shooting range; or
c) the range is not being operated with proper
regard to individual or public safety; or
d) the range operator has failed to
comply with an improvement notice issued under section 38XL .
38XK
Inspections of shooting clubs and shooting ranges 1 For the purpose of
ensuring that a shooting club or shooting range is operated in accordance with
this Act, a person who is a member of the Police and authorised in writing by
the Commissioner may— a) enter and inspect— i) any shooting range
(including any shooting club that is part of the range); and
ii) any place
where the shooting club stores firearms or ammunition:
b) inspect, print, or
copy documents that the person believes on reasonable grounds to be those of
the shooting club or shooting range:
c) remove any hard copy documents that
the person believes on reasonable grounds to be those of the shooting club or
shooting range.
2 Unless there is a change of circumstances that may affect
its safety, an inspection under subsection (1) may only be undertaken,— a)
in respect of a pistol shooting range, when the Commissioner is considering an
application for— i) certification; or
ii) renewal of its certification:
b)
in respect of a non-pistol shooting range, when the Commissioner is
considering an application for enrolment, and then at intervals of not less
than 5 years.
3 A member of the Police must give at least 7 days’ notice of
their intention to enter and inspect a venue of a shooting club or
shooting range.
4 The provisions of Part 4 of the
Search and Surveillance Act 2012 (apart from subpart 3 ) apply.
38XL
Improvement notices 1 This section applies if a member of the Police
reasonably believes that— a) a pistol shooting club is failing, is likely to
fail, or has failed to comply with any conditions to which its certificate of
approval is subject; or
b) a pistol shooting range is failing, is likely to
fail, or has failed to comply with the condition to which its certification is
subject; or
c) a shooting club or shooting range is contravening, is likely
to contravene, or has contravened a provision of this Act or regulations made
under this Act.
2 If this section applies, the member of the Police may issue
an improvement notice to the shooting club or the range operator requiring the
shooting club or range operator, within a reasonable period of time specified
in the notice, to— a) remedy the non-compliance or contravention; or
b)
prevent a likely non-compliance or contravention from occurring.
38XM
Temporary suspension of pistol shooting club’s operations for non-compliance
with improvement notice 1 A member of the Police may, by notice in writing to
a pistol shooting club, temporarily suspend the operations of the
shooting club if the member is satisfied that the shooting club has failed to
comply with an improvement notice issued under section 38XL .
2 A notice of
temporary suspension must state— a) the ground on which the notice is given;
and
b) the date on which the suspension begins; and
c) that the suspension
is to enable the Police to consider cancelling the pistol shooting club’s
certificate of approval; and
d) that the suspension lasts until notice of the
decision as to whether to cancel the certificate of approval is given to the
pistol shooting club, but, if the notice is not given within 90 days after the
suspension takes effect, the suspension ends with the close of that 90-day
period.
38XN Temporary suspension of shooting range’s operations for
non-compliance with improvement notice 1 A member of the Police may, by notice
in writing to the range operator, temporarily suspend the operations of the
shooting range if the member is satisfied that the shooting range has failed
to comply with an improvement notice issued under section 38XL .
2 A notice
of temporary suspension must state— a) the ground on which the notice is
given; and
b) the date on which the suspension begins.
3 In the case of a
notice of temporary suspension issued to a pistol shooting range, the notice
must also state— a) that the suspension is to enable the Police to consider
cancelling the shooting range’s certification on that ground; and
b) that
the suspension lasts until notice of the decision as to whether to cancel the
certification is given to the range operator, but, if the notice is not given
within 90 days after the suspension takes effect, the suspension ends with the
close of that 90-day period.
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