Victorian Firearms Amendment Bill 2026: what changes for hunters

Victoria's Firearms Amendment Act 2026 received Royal Assent on 18 August 2026 after passing both Houses of Parliament without amendment. Most of its provisions commenced the following day, 19 August 2026, but the citizenship and AusCheck provisions have not yet started.

The legislation is Act No. 29/2026. As at 25 August 2026, no proclamation had been published for Part 6 or Part 7 and no commencement date had been set for either Part. The Act contains no final statutory deadline for those proclamations.

The immediate position is therefore split. The classification powers, trafficking offences, permanent firearm prohibition order scheme and higher penalties are now in force. The citizenship and AusCheck requirements will begin only on a date or dates proclaimed by the Government.

For deer hunters, two points are immediately important. The Act contains no cap on the number of lawfully held firearms, and it does not itself reclassify any named hunting firearm. It does, however, establish broader powers that could be used to reclassify existing firearm types in future.

The Act implements four recommendations from Ken Lay's rapid review of Victoria's firearm laws. The Government accepted 15 of the review's 16 recommendations but rejected the proposed four-firearm limit for most Category A and B licence holders. The Victorian Parliamentary Library's Bill Brief provides an independent overview of the review and the legislation.

The Australian Deer Association argued strongly against arbitrary ownership caps in its submission to the rapid review. Deer hunters use different firearm and calibre combinations for different species, terrain, hunting methods and animal-welfare requirements. Among surveyed ADA members who owned multiple firearms, 89.8 per cent cited different game species, 72.1 per cent cited different calibres and 70.9 per cent cited different hunting methods. Seventy-seven per cent said a five-firearm cap would have a severe or significant effect.

The Government's decision not to proceed with a cap is closely aligned with ADA's submission and is an important outcome for evidence-based policy. The Act also leaves standard licence durations unchanged. ADA opposed reducing ordinary licence terms from five years to three because of the additional administrative burden and the absence of evidence that shorter terms would improve safety.

The most significant issue requiring continued scrutiny is firearm classification. The Act allows the Chief Commissioner, after consulting the Minister, to make a temporary declaration placing a firearm or type of firearm into any Category A, B, C, D or E longarm category, or the general or Category E handgun categories. Temporary declarations can operate for up to 12 months. Regulations will also be able to classify firearms according to their form, feature or function.

The explanatory memorandum frames these changes as enabling more responsive classification when firearm technology changes or a nationally agreed classification is adopted. The Parliamentary Library similarly refers to emerging technologies and future manufacturing developments. However, neither the operative clause nor the memorandum confines the power to new or emerging firearms. The legislation applies to any firearm or type of firearm, apart from the specified antique and black-powder handgun exceptions, and the memorandum expressly anticipates consequences for existing owners.

That means an established hunting firearm could legally be reclassified. The technology rationale provides useful context but is not a statutory safeguard. ADA's position remains that classifications should be technically precise, supported by demonstrated risk and developed with people who understand firearm design and legitimate field use. Poor definitions could unintentionally capture conventional hunting firearms that do not present the risk being addressed.

The Chief Commissioner may, in specified circumstances, permit an existing owner to continue holding a reclassified firearm or renew an existing licence. This is discretionary rather than a universal guarantee. Transparent risk criteria, independent technical expertise, meaningful consultation and workable transition arrangements should therefore be central to ongoing advocacy.

The Act also creates two quantity-based offences directed at illicit firearms. Unlawful possession, acquisition or disposal of two to nine firearms within 12 months will involve a traffickable quantity, with a maximum penalty of 10 years' imprisonment. Ten or more will be a large traffickable quantity, carrying a maximum of 15 years.

Conduct undertaken in accordance with the Firearms Act or regulations is excluded. These thresholds are not a cap and do not criminalise the lawful possession, purchase or sale of multiple registered firearms. The focus on criminal misuse and illegal supply is consistent with ADA's submission that reform should target demonstrated risk rather than compliant hunters.

Victoria's firearm prohibition order scheme, previously due to sunset on 8 May 2028, has now become permanent. Maximum penalties for breaches have also increased. An order subject who acquires, possesses, carries or uses a firearm or related item now faces up to 15 years' imprisonment, rather than 10. Knowingly giving an order subject access to a firearm carries the same maximum, while failure to surrender a firearm or related item has risen from five to 10 years. These changes principally affect order subjects and people who knowingly assist them.

When Part 6 commences, the citizenship provisions will restrict licence eligibility to Australian citizens, New Zealand citizens who satisfy the specified permanent-residency test, and any other classes prescribed by regulation. An exemption will apply where a person reasonably requires a firearm to earn a livelihood, with further exempt classes also able to be prescribed.

ADA urged a risk-based approach, noting that permanent residents and other long-term lawful residents already undergo fit-and-proper-person assessment and may have legitimate sporting, land-management or occupational needs. Part 6 nevertheless contains the citizenship requirement. The ability to prescribe additional eligible and exempt classes now provides the clearest avenue for preventing unintended outcomes.

Existing licences, and applications or renewals pending when the citizenship provisions commence, receive transitional protection. Affected people are likely to encounter the new test on a later application or renewal after commencement.

When Part 7 commences, the AusCheck provisions will link Victorian licensing to Commonwealth criminal intelligence and security assessments. ADA supports using relevant intelligence to prevent firearms reaching people who present a genuine risk, but has also advocated for accuracy, procedural fairness, transparency and an effective means of correcting or reviewing adverse information.

Those safeguards remain unresolved. Under the Act as made, the Chief Commissioner must cancel a licence covered by the new scheme upon becoming aware that the holder no longer satisfies the background-check requirement. The Act does not create an express Firearms Appeals Committee merits-review right for an individual licence cancelled through that immediate pathway. Commonwealth regulations may address some aspects of notice and review, meaning advocacy will be required at both state and federal levels.

The current Firearms Regulations 2018 are scheduled to sunset on 14 August 2028. Their replacement will be the next major stage of the reform process. The regulations can shape firearm classifications and prescribe additional classes for the citizenship requirement and exemptions. They will also operate alongside upgraded licensing technology and the National Firearms Register.

ADA's priorities should include technically sound classification criteria, protection against the unintended capture of conventional hunting firearms, fair citizenship exemptions, workable transitions, accurate records, privacy protection and accessible correction processes. Licence holders should receive clear reasons and a meaningful review pathway when adverse intelligence affects a licence, although some of those protections may require amendments to the Victorian Act or Commonwealth regulations rather than the Victorian regulations alone.

Royal Assent has now triggered an immediate change in the law. Since 19 August 2026, the classification powers, trafficking offences, permanent firearm prohibition order scheme and increased penalties have been in force. The citizenship and AusCheck requirements remain inoperative and will begin only when separately proclaimed.

The Act is not the end of the firearms reform process. The rejection of an arbitrary ownership cap shows the value of detailed, evidence-based participation. The next task is to ensure the regulations and administrative systems remain accurate, proportionate and focused on genuine risk, while allowing Victoria's lawful hunters to continue contributing to conservation, wildlife management and regional communities.