In South Australia, firearms licensing and ownership is strictly regulated under the Firearms Act 2015 (SA) and the Firearms Regulations 2017 (SA). For those who rely on firearms for pest control and other farm management activities, it is important to comply with the complex legislative framework to avoid inadvertent consequences.
To obtain a firearms licence, applicants must be deemed a fit and proper. There are several factors that are considered to determine this, including the applicant’s honesty, reputation, and integrity, as well as the character of their associates. Notably, individuals with serious criminal convictions are automatically disqualified from holding a licence. However, other considerations may also lead to a determination that an applicant is not fit and proper, prompting an administrative decision to deny the licence.
For those in the industry, maintaining a firearms licence is crucial and the legislation recognises that there is a genuine need for firearms within farming communities. If a licence holder is found to be in breach of the law, their licence may be revoked, even if the alleged offence does not appear severe enough to warrant cancellation or suspension. This can significantly impact farm operations, highlighting the importance of compliance with all regulatory requirements. The storage of firearms and ammunition is a critical component of firearms regulation and firearm safety.
If an administrative decision adversely affects a firearms licence holder, there are strict timeframes for seeking a review. Affected individuals may be able to appeal to the South Australian Civil and Administrative Tribunal or pursue judicial review proceedings.
Hand in hand with the privilege of firearms ownership is ensuring that those undertaking farming operations and any workers are trained in the safe handling of firearms. Aside from the regulation of firearms licences and firearm ownership, any failures in the safe operation of firearms could also contravene the Work, Health and Safety Act 2012 (SA). A farm operator must ensure the health and safety of workers is not put at risk when at work and have a positive duty to provide a safe work environment. Aside from the obvious risks that firearms pose, the health and safety of workers could be put at risk if measures are not taken to protect a worker’s hearing by providing personal protective equipment or if firearms are not properly maintained. Similarly if a worker is experiencing distress or there is a concern as to a worker’s mental health, they should not have access to firearms.
Understanding and navigating these regulations is essential for businesses that depend on firearms for their operations. Ensuring compliance can help avoid disruptions and maintain the smooth running of farm activities.
This article was published in The Stock Journal on 14 November, 2024.