Firearms Prohibition Orders (Tas)
Like most other Australian states and territories, Tasmania has a formal scheme for the making of firearms prohibition orders (FPOs). An FPO is an order that is issued against a person who is deemed unfit to possess or use firearms. This page outlines the Tasmanian firearm prohibition order scheme.
Legislation
The Firearms Act 1996 contains the laws that govern firearms prohibition orders in Tasmania, including the consequences of breaching an order.
Effect of firearms prohibition orders
Under section 130 of the Firearms Act 1996, a firearms prohibition order prohibits a person from possessing or using a firearm.
It is made by the commissioner of police on the basis that a person is unfit to use firearms.
It is a criminal offence to contravene a firearms prohibition order.
Duration
The Tasmanian FPO scheme does not specify a maximum duration of an order. Rather, an order remains in force unless the commissioner of police revokes it.
Review
A person who has an FPO made against them can seek a review of this decision by the commissioner of police.
A person may also seek the revocation of an FPO after it has been enforced for a period.
If the commissioner refuses to revoke the order, the person may be able to seek judicial review through the Supreme Court of Tasmania. This type of review is only available in cases where a person argues that the decision was unlawful or unreasonable.
Offences
The Firearms Act 1996 contains a number of offences that are committed when a person contravenes the terms of an FPO.
Possessing or using a firearm
A person who is the subject of a firearms prohibition order must not possess or use a firearm.
This offence is punishable by a maximum penalty of a fine of 50 penalty units or imprisonment for two years, or both.
Providing firearms to person with FPO
A person must not sell or give possession of a firearm to a person who they know is the subject of a firearms prohibition order.
This offence is punishable by a maximum penalty of a fine of 50 penalty units or imprisonment for a term of two years, or both.
Failing to comply with a search
A person must comply with a search under the Firearms Act 1996.
Failure to do so is an offence that can attract a maximum penalty of a fine of 20 penalty units, imprisonment for 12 months, or both.
Police powers
The Firearms Act 1996 gives the Tasmanian police broad powers in relation to persons who are subject to FPOs.
The police may enter and search premises and vehicles without a warrant if they suspect that an offence under the Firearms Act 1996 is being committed. They may seize any firearm or ammunition that is found, and any license or permit that is found.
History
The Tasmanian firearm prohibition scheme was introduced in 1996, following the Port Arthur massacre in April 1996, and the National Firearms Agreement that followed, which prompted all jurisdictions to tighten their firearm controls. It is the oldest FPO scheme in Australia. Most other states and territories have introduced similar formal schemes in the years since 1996.
The scheme has widespread support as a measure for improving public safety.
If you require legal advice or representation in any legal matter, please contact Go To Court lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.