Part 2 Licensed dealers

Part 2 heading: inserted, on 25 June 2020, by section 11 of the Arms Legislation Act 2020 (2020 No 23).

Licensed dealers[Repealed]

Heading: repealed, on 25 June 2020, by section 11 of the Arms Legislation Act 2020 (2020 No 23).

5 Dealers to be licensed

(1)

A person other than a body corporate must not carry on any of the following activities in relation to a class of arms items without a dealer’s licence that authorises the person to carry on the activity in relation to that class of arms items:

(a)

the business of selling, hiring, lending, or otherwise supplying a class of arms items:

(b)

possessing, for the purposes of an auction, a class of arms items:

(c)

the business of repairing or modifying a class of arms items:

(d)

displaying, as the director or curator of a bona fide museum, a class of arms items:

(e)

the business of manufacturing for sale, hire, lending, or other supply a class of arms items:

(f)

manufacturing (for the purposes of permitted supply (as defined in section 4A(3))) prohibited parts and using prohibited items to test and demonstrate those prohibited parts.

(2)

A body corporate must not carry on any of the activities specified in subsection (1) in relation to a class of arms items unless a senior manager of the body corporate has a dealer’s licence authorising the senior manager to carry on the activities in relation to the class of arms items on behalf of the body corporate.

(3)

Despite subsections (1) and (2), a dealer’s licence is not required for the following activities:

(a)

commercial hunting guide services by a firearms licence holder who during the provision of those services supplies no more than 6 firearms to 1 or more clients:

(b)

the selling, hiring, lending, or supplying of firearms by a member of a shooting club, if the member—

(i)

sells, hires, lends, or supplies firearms to a club member, or on club premises, with the approval of the management committee of the club or a majority vote of club members; and

(ii)

the revenue from the sale, hire, lending, or supply of the firearms is used for the benefit of the club.

(4)

A dealer’s licence may not be issued for the carrying on of any of the activities specified in subsection (1) in relation to—

(a)

anti-personnel mines; or

(b)

cluster munitions.

(5)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes this section.

Section 5: replaced, on 24 June 2021, by section 12 of the Arms Legislation Act 2020 (2020 No 23).