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Section 45 Firearms Act 1996
Recording of Transactions

Section 45 of the Firearms Act 1996 is Recording of Transactions and is extracted below.

If you are charged with a firearms-related offence, or wish to seek general advice about your rights and responsibilities under the Firearms Act, call Sydney Criminal Lawyers anytime on (02) 9261 8881 to arrange a conference with a lawyer with vast experience and expertise in representing clients in these matters.

The Legislation

(cf APMC 9, 1990 Reg cl 35)

(1) A licensed firearms dealer must ensure that:
(a) all transactions and dealings concerning firearms or firearm parts to which the firearms dealer’s licence applies are recorded in accordance with this section, and
(b) each record relating to a transaction or dealing concerning a firearm, a spare barrel for a firearm, a firearm frame or a firearm receiver is, in accordance with the regulations, sent to the Commissioner for inclusion of the particulars in the Register and in order to update the Register.

(1A) Subsection (1) (b) does not apply in relation to:
(a) a firearm that is not required to be registered, or
(b) a transaction or dealing concerning a firearm or other thing until such time (if any) as the transaction or dealing involves a change in the ownership of the firearm or thing.

(1B) However, subsection (1A) does not affect any other requirement under this section to keep a record of the transaction or dealing concerned or to produce the record for inspection by a police officer.

(2) Each record must contain the following particulars for each acquisition, receipt, supply or transfer of a firearm or firearm part by the dealer concerned from or to the other person dealing with the dealer:
(a) the name and address of the other person,
(b) the number of the other person’s licence or permit authorising the other person to possess the firearm or firearm part,
(c) the number of the other person’s permit to acquire the firearm,
(d) for each firearm or firearm part that is or has been in the possession of the dealer:
(i) the dates of its initial acquisition or receipt by the dealer and of its subsequent supply or transfer out of the possession of the dealer, and
(ii) the name and address of the person who initially gave possession of it to the dealer, and
(iii) when it is supplied or transferred out of the possession of the dealer–its make, serial number, calibre, type, action and magazine capacity (if any),
(e) such other particulars as may be prescribed by the regulations.

(3) An entry required to be made in a record concerning the acquisition, receipt, supply or transfer of a firearm, firearm frame or firearm receiver must, subject to the regulations, be entered within 24 hours of the transaction concerned.

(4) A record must be made and kept in the form approved by the Commissioner.

(5) If a licensed firearms dealer ceases to hold such a licence, the former licensed firearms dealer must provide the Commissioner with a record of all transactions during the 2 years immediately preceding the date on which the licence ceased to be in force.

(6) A person who is required to ensure a record is kept or to keep a record under this section, must, on demand made by a police officer at any time:
(a) produce the record to that officer and permit that officer to inspect and make copies of any entries in it, and
(b) produce to that officer all firearms and firearm parts in the possession of that person, and
(c) furnish to that officer any information in that person’s possession with respect to any firearm or firearm part that has been manufactured, acquired or received under the authority of the person’s firearms dealer licence, or that the person has in his or her possession or has supplied or otherwise transferred or repaired under the authority of the licence.

(7) Any person making an alteration to an entry in a record required to be kept under this section must do so by interlineation or striking out and not by erasure.

Maximum penalty: 20 penalty units.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

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  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

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  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Liverpool, directly opposite Liverpool Local Court, and
    • Parramatta, near the justice precinct.

    We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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