Declared Firearms Dealers - Procurement
- I hold a Firearms Dealer licence in the Northern Territory and I want to sell OC spray during the trial. What do I need to do?
Firearms dealers must submit an Expression of Interest (EOI) for approval to sell OC spray. Dealers who are advised as approved are considered Declared Firearms Dealers. Only a Declared Firearms Dealer is authorised to sell OC spray to eligible persons during the OC spray trial.
- Where can I get the OC spray from to sell in the Northern Territory?
During the trial, Declared Firearms Dealers can only sell OC spray which is manufactured in Australia. Declared Firearms Dealers can procure OC spray stock from any supplier or manufacturer within Australia that sells Australian manufactured OC spray.
- OC spray manufactured outside Australia is not permitted to be sold or procured.
Declared Firearms Dealers must keep a record of every OC spray that is brought into the Northern Territory. This record must be provided to OCSprayTrial@pfes.nt.gov.au within 5 business days of receiving the product.
- What sort of OC am I allowed to import into the Northern Territory?
During the trial, you will only be able to sell OC spray up to a maximum size of 45g or 45ml. OC spray canisters may come in various sizes but cannot exceed 45g or 45ml.
- What if I want to become a dealer for the purpose of the OC spray trial?
Unfortunately, this isn’t possible. A Firearms Dealer license is issued for the holder to possess, use and deal in firearms only. A new application received for a Firearms Dealer licence will be reviewed by the Firearms Policy & Reporting Unit in accordance with current legislative requirements, none of which include the sale of OC spray.
- I have purchased stock. Do I need to report this to anyone?
Yes, you must report all stock that you purchase to FPRU via the “Stock acquisition – dealer” form provided in your Dealer Information pack.
Declared Firearms Dealers - Storage
- What storage requirements do I need to comply with?
Storage must comply with regulation 23(1)(b)(i) and (ii) of the Firearms Regulations 1997:
- Within a locked container that is constructed of steel or similar strong material and fitted with hinges that are concealed or that have had the hinge pins welded.
- A storage room where all walls are sufficiently solid to provide a physical barrier, and all windows fitted with security screens.
- I want to display the OC spray for sale. Can I do that?
Yes, OC spray can be displayed for sale, however certain security must be put in place to ensure it is protected from the risk of being lost or stolen. OC spray must not be left in display cabinets overnight.
- The customer I have sold to is asking me how they can store their OC spray. What do I tell them?
OC spray must be stored safely and securely, according to the manufacturers’ instructions on the canister. OC spray owners must ensure all reasonable precautions are taken to ensure that the OC spray is not stolen, lost or does not come into the possession of a person who is not permitted to possess it.
- Can I store OC spray temporarily for someone who is travelling?
No. A person cannot supply OC spray to another person, which includes providing it to another person for safe keeping.
Declared Firearms Dealers - Sales
- Can my employee legally remove OC spray from storage and deliver it to a purchaser if they do not personally hold an exemption?
Yes. Employees of a Declared Firearms Dealer are exempt via section 13 of the exemption instrument while they are carrying out their duties as an employee of the Declared Firearms Dealer.
- I have a customer wanting to purchase OC spray. What do I need to do?
You must ensure the person has valid identification and completes the Buyer Declaration form declaring that they are not a prohibited person. Once these steps are complete, you can sell the OC spray.
- Can I sell to anyone?
No, you can only sell OC Spray to a person over the age of 18 who has provided valid identification and has completed a signed Buyer Declaration stating that they are not a prohibited person.
- I have refused sale to a customer wanting OC spray. What do I need to do if I need help because of this?
If a customer becomes aggressive, you can call for police assistance on 131 444 or in an emergency 000.
If you do not feel the need to call police as the situation has resolved, you may provide the details (if known) to the OC Spray trial team by emailing: OCSprayTrial@pfes.nt.gov.au.
- I have sold to an overseas tourist who has a visa. What do I need to tell them about moving on to another state?
OC spray purchased in the Northern Territory is only legally allowed to be possessed in the Northern Territory. Persons travelling through the Northern Territory who have purchased OC spray should check the rules regarding possession of OC spray in their destination. The purchaser may refer to the website accessible via the QR code on the flyer provided at the time of purchase.
If they choose to surrender their OC spray prior to leaving NT, they may do so at a police station. If the canister is empty, it may be disposed of in general rubbish.
- Do I have to provide anything to report the sale after I have signed the declaration?
When using the provided iPad to complete the Buyer Declaration, this will automatically generate a report direct to the Firearms Policy and Recording Unit (FPRU). If the online form is submitted correctly, you do not have to provide FPRU with anything further.
If the Buyer Declaration form on the iPad is unable to be used and the issue cannot be resolved immediately, a triplicate hardcopy form will be available to use. Where the hard copy is used, a manual return of the form will need to be completed. Instructions are contained in the Buyer Declaration triplicate book provided.
- What size OC spray can be sold in the Northern Territory?
45ml or 45g or smaller.
- What form of identification do I need to be able to sell to someone?
Valid identification for purchasing OC spray must be current and includes any of the following documents (original or copy) that also contains a photograph that corresponds to the person purchasing:
- An Australian passport or other passport containing an Australian visa that is in force
- A licence or permit issued under a law of the Commonwealth or a State or Territory that specifies the person’s date of birth
- A proof of age card issued by a State or Territory
- A clearance notice issued under section 189(3)(a) of the Care and Protection of Children Act 2007 (an Ochre Card).
- Another document evidencing Australian residency.
- What if the customer won’t provide a declaration?
You cannot sell them OC spray.
- What if the customer provides a declaration I know to be false?
You should report this to Firearms Policy and Recording Unit via OCSprayTrial@pfes.nt.gov.au. If you require police assistance as a result of declining to sell to someone, you should call for police attendance on 131 444 or 000 if it is an emergency.
- What do I do if a customer is not sure if they are a prohibited person?
If the customer is not sure if they are a prohibited person, you should not sell them OC spray. Customers who need unsure about their personal circumstances should seek legal advice.
- I’ve not received an expression of interest email. What do I do?
Existing Firearms Dealers were emailed seeking their expression of interest to become a Declared Firearms Dealer. If you did not receive an invitation to become a Declared Firearms Dealer and you believe that you should have, contact OCSprayTrial@pfes.nt.gov.au.
Declared Firearms Dealers - Reporting
- Do I have to provide anything after the Buyer Declaration?
You must keep a record of every OC Spray product that you sell and you must provide the Firearms Policy and Recording Unit (FPRU) with details of each sale within five (5) business days. You must also provide FPRU with a copy of the signed declaration made by the buyer. If you are using the online Buyer Declaration form then you will not need to manually do this, as successful submission of the form will complete these steps for you automatically.
If you are using the triplicate Buyer Declaration book, you must complete the form for each sale and follow the instructions detailed on the cover to submit them to FPRU.
You must also complete a Stock Aquisition form for each stock purchase within 5 days of the order.
Declared Firearms Dealers - Disposal
- Someone has handed in their OC spray to me because they don’t want it. What do I need to do with it?
If it is empty, you can dispose of it in general rubbish. If it is unused or only partially used it should be surrendered to a police station.
- I no longer want to be a Declared Firearms Dealer. What do I need to do?
If you have been approved as a Declared Firearms Dealer and you would like to remove yourself, you must notify OCSprayTrial@pfes.nt.gov.au so that you can be removed from the declared firearms dealer list. All OC spray stock must be surrendered or returned to your supplier/manufacturer, with evidence provided to OCSprayTrial@pfes.nt.gov.au that you no longer hold any OC spray.