Possession of Cartridge Ammunition

In Victoria it is an offence to possess cartridge ammunition, unless one of the permitted exceptions apply.

The maximum penalty for this offence is a fine of up to 40 penalty units. A Court can impose any of the following penalties for this charge:

• Fine
• Adjourned undertaking
• Discharge
• Dismissal
• Diversion

The Offence of Possession of Cartridge Ammunition

The offence of possession of cartridge ammunition is contained in section 124 of the Firearms Act, which states that a person must not possess cartridge ammunition unless that person:

• is the holder of a licence under the Act or a permit under section 58A; or
• is the holder of a licence to keep explosives for sale and to sell explosives issued under the Dangerous Goods Act 1985; or
• is not required to have a licence under this Act in order to possess a firearm.

What the Police Must Prove

To convict you of this offence, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. The item in question is cartridge ammunition; and
2. You possessed the cartridge ammunition in question.

Cartridge ammunition means having a bullet or other projectile and a priming device fixed to or enclosed in a cartridge case which is composed wholly or partly of material other than paper.

Possession in relation to a firearm includes:

• Actual physical possession;
• Custody or control; or
• Having and exercising access to the firearm, either solely or in common with others.

Possible Defences for  Possessing Cartridge Ammunition

Possible defences to this charge include but are not limited to:

1. Lack of intent/honest and reasonable mistake;
2. Factual Dispute (e.g. the objects are not cartridge ammunition)

What Court Will Hear Your Matter?

Although this matter is an indictable offence, it will likely be dealt with by the Magistrates’ Court.