1998
1998
1999-12-24
act
publicgeneral
act.reprint
act-1998-149
sl-1999-0051
allinforce
none
act-1998-127
5ada8ad4-9f5e-4b77-99cb-7be6a9f04c5d
36ae4cc6-988e-479f-8c68-03dbbb5e277b
Does not include amendments
by:
Crimes
Legislation Amendment (Sentencing) Act 1999 No 94 (not
commenced)
An Act to prohibit and control the possession and
use of certain weapons; to repeal the Prohibited Weapons Act
1989; to amend certain other Acts; and for other
purposes.
Part 1Preliminary
1Name of
Act
This Act is the Weapons
Prohibition Act 1998.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Principles and objects of
Act
(1)
The underlying principles of this Act are:
(a)
to confirm that the possession and use of
prohibited weapons is a privilege that is conditional on the overriding need
to ensure public safety, and
(b)
to improve public safety by imposing strict
controls on the possession and use of prohibited
weapons.
(2)
The specific objects of this Act are as
follows:
(a)
to require each person who possesses or uses a
prohibited weapon under the authority of a permit to have a genuine reason for
possessing or using the weapon,
(b)
to provide strict requirements that must be
satisfied in relation to the possession and use of prohibited
weapons,
(c)
to provide an amnesty period to enable the
surrender of prohibited weapons.
4Definitions
(1)
In this Act:
apprehended violence order
means:
(a)
an order within the meaning of Part 15A of the
Crimes Act 1900 (other than an interim
order under that Part), or
(b)
an interim order under that Part that is
confirmed, or
(c)
an order or a decision under an Act or law of a
place other than New South Wales, being an order or a decision that is
prescribed for the purposes of this definition by the
regulations.
approved means approved by the
Commissioner from time to time.
authorised employee of an authorised
theatrical weapons armourer or authorised weapons dealer means a person
who:
(a)
is an employee of the armourer or dealer
concerned, and
(b)
is eligible to be issued with a permit,
and
(c)
is authorised in writing by the
Commissioner.
authorised officer means a person
who is authorised by the Commissioner for the purposes of this
Act.
authorised theatrical weapons
armourer means a theatrical weapons armourer who is the
holder of a theatrical weapons armourer permit.
authorised weapons dealer means a
weapons dealer who is the holder of a weapons dealer permit.
buy includes:
(a)
purchase by wholesale, retail, auction or tender,
and
(b)
hire, and
(c)
take possession under a hire-purchase agreement,
and
(d)
cause or permit anything referred to
above.
Commissioner means the Commissioner
of Police.
exercise a function includes perform
a duty.
function includes a power, authority
or duty.
genuine
reason means a genuine reason as referred to in section
11.
holder of a permit means the person
to whom it is issued.
interim
apprehended violence order means:
(a)
an interim order made by a court under Part 15A
of the Crimes Act 1900,
or
(b)
an order or decision under an Act or law of a
place other than New South Wales, being an order or decision that is
prescribed for the purposes of this definition by the
regulations.
manufacture a prohibited weapon
includes repair or test the weapon in the course of carrying on a
business.
permit means a permit in force under
this Act.
possession of a prohibited weapon
includes any case in which a person knowingly:
(a)
has custody of the weapon, or
(b)
has the weapon in the custody of another person,
or
(c)
has the weapon in or on any premises, place,
vehicle, vessel or aircraft, whether or not belonging to or occupied by the
person.
prohibited weapon means anything
described in Schedule 1.
public
museum means an institution that:
(a)
has a written constitution that states the
museum’s charter, goals and policies, and
(b)
has a stated acquisition policy,
and
(c)
acquires, conserves and exhibits objects of
scientific or historical interest for the purposes of study, education and
public enjoyment, and
(d)
is sufficiently financed to enable the conduct
and development of the museum, and
(e)
has adequate premises to fulfil its basic
functions of collection, research, storage, conservation, education and
display, and
(f)
is regularly open to the
public.
sell includes:
(a)
sell by wholesale, retail, auction or tender,
and
(b)
parting with something under a hire-purchase
agreement, and
(c)
barter or exchange, and
(d)
supply for profit, and
(e)
offer for sale, receive for sale, have in
possession for sale or expose or exhibit for sale, and
(f)
conduct negotiations for sale,
and
(g)
consign or deliver for sale,
and
(h)
cause or permit anything referred to
above.
theatrical weapons armourer means a
person who, in the course of carrying on a business, manufactures, buys or
sells prohibited weapons for use in connection with cinematographic,
television or theatrical productions.
use a prohibited weapon includes
causing a reasonable belief that the weapon will be used.
weapons
dealer means a person who, in the course of carrying on a
business, manufactures, buys or sells prohibited weapons otherwise than for
use in cinematographic, television or theatrical productions.
weapons
prohibition order means an order in force under section
33.
(2)
For the purposes of this Act:
(a)
anything that would be a prohibited weapon if it
did not have something missing from it, or a defect or obstruction in it, is
taken to be a prohibited weapon, and
(b)
a person in or on (or in or on any part of) any
premises, vehicle, vessel or aircraft in which there is a prohibited weapon is
to be regarded as having possession of the weapon unless the person proves
otherwise, and
(c)
if parts of a prohibited weapon are in the
possession of, or are being carried by, 2 or more persons, each of those
persons is to be regarded as possessing the weapon.
5Amendment of Schedule
1
The regulations may:
(a)
amend Schedule 1 by adding the name or
description of anything, or
(b)
amend Schedule 1 by omitting the name or
description of anything, or
(c)
amend Schedule 1 by amending the name or
description of anything for the purpose of more accurately describing the
thing concerned, or
(d)
omit Schedule 1 and insert in its place a
Schedule containing the names or descriptions of
anything.
6Application of
Act
(1)
This Act binds the Crown in right of New South
Wales and, so far as the legislative power of Parliament permits, the Crown in
all its other capacities (except as otherwise provided by this
section).
(2)
A person is not guilty of an offence under this
Act or the regulations only because of something done by the person while
acting in the ordinary course of the person’s duties:
(a)
as a police officer (or as a student police
officer), or
(b)
as a correctional officer employed in the
Department of Corrective Services, or
(c)
as a member of the police force, or as a
custodial officer (however described), of the Commonwealth or of another State
or Territory, or
(d)
as a member of the armed forces of the
Commonwealth, or of any government that is allied or associated with the
Commonwealth in any war or joint military exercise in which the Commonwealth
is engaged.
(3)
A person is not guilty of an offence under Part 2
only because of possessing a prohibited weapon:
(a)
that is being conveyed or stored in the ordinary
course of the person’s duties in the business of a carrier or warehouse
operator, or
(b)
that has been seized by the person, under the
authority of any Act or other law, in the course of the person’s duties
as an employee or officer of a government agency or public authority,
or
(c)
while acting in the ordinary course of the
person’s duties as a member (other than a police officer) of the Police
Service.
(4)
The regulations may exempt any person or class of
persons from the operation of any provision or requirement of this Act in such
circumstances, and subject to such conditions, as may be specified in the
regulations. Any such regulation may create offences in relation to a failure
to comply with a condition prescribed in relation to an
exemption.
Part 2Permits for prohibited
weapons
Division 1Requirement for
permit
7Offence of unauthorised
possession or use of prohibited weapon
(1)
A person must not possess or use a prohibited
weapon unless the person is authorised to do so by a permit.
Maximum penalty:
•
on summary conviction—100 penalty units or
imprisonment for 2 years, or both,
•
on conviction on indictment—imprisonment
for 14 years.
(2)
Without limiting the operation of subsection (1),
a person who is the holder of a permit to possess or use a prohibited weapon
is guilty of an offence under this section if the person:
(a)
possesses or uses the prohibited weapon for any
purpose otherwise than in connection with the purpose established by the
person as being the genuine reason for possessing or using the weapon,
or
(b)
contravenes any condition of the
permit.
Division 2Permit
scheme
8Permit categories and
authority conferred by permit
(1)
The categories of permits and the authority they
confer are as follows:
General permit
Authorises the holder of the permit to possess or
use a prohibited weapon of the kind specified in the permit, but only for the
purpose established by the holder as being the genuine reason for possessing
or using the prohibited weapon.
Weapons dealer
permit
Authorises the holder of the permit, and any
authorised employee, to possess, buy, sell and manufacture prohibited weapons
of the kind specified in the permit, but only in the course of carrying on
business as a weapons dealer and only at the premises specified in the permit
(or at such other premises as may be approved).
Theatrical weapons armourer
permit
Authorises the holder of the permit, and any
authorised employee, in the course of carrying on business as a theatrical
weapons armourer:
(a)
to possess, use, buy, sell and manufacture
prohibited weapons of the kind specified in the permit,
and
(b)
to supervise and train persons who are involved
in a cinematographic, television or theatrical production in the use of
prohibited weapons to which the permit relates.
The authority conferred by a theatrical weapons
armourer permit also authorises those persons who are involved in the
cinematographic, television or theatrical production concerned to possess and
use prohibited weapons to which the permit relates, but only while under the
supervision of the holder of the permit or an authorised
employee.
(2)
The regulations may prescribe different types of
general permits.
(3)
The authority conferred by a permit is subject to
the regulations.
9Application for
permit
(1)
A person may apply to the Commissioner for a
permit.
(2)
An application must be in the approved form and
be accompanied:
(a)
by the fee prescribed by the regulations,
and
(b)
by such information and particulars as may be
prescribed by the regulations.
(3)
An applicant for a permit must provide proof of
the applicant’s identity in accordance with the requirements of the
Financial Transaction Reports Act 1988
of the Commonwealth that apply in respect of the opening of a bank
account.
(4)
On receiving an application for a permit, the
Commissioner may carry out such investigations and inquiries as the
Commissioner considers necessary to enable the Commissioner to consider the
application properly.
(5)
Section 12 of the Criminal Records
Act 1991 does not apply in relation to an application for
a permit.
10Issuing of
permit
(1)
The Commissioner may, after considering an
application for a permit:
(a)
issue a permit to the applicant,
or
(b)
refuse to issue a permit to the
applicant.
(2)
A permit must not be issued unless:
(a)
the Commissioner is satisfied that the applicant
is a fit and proper person and can be trusted to have possession of prohibited
weapons without danger to public safety or to the peace,
and
(b)
the applicant (including such authorised
employees as are nominated by the applicant) has completed, to the
satisfaction of the Commissioner, such training and safety courses as may be
approved in relation to the kind of permit sought, and
(c)
the Commissioner is satisfied that such storage
and safety requirements as may be approved (either generally or in a
particular case) are capable of being met by the
applicant.
(3)
A permit must not be issued to a person
who:
(a)
has, within the period of 10 years before the
application for the permit was made, been convicted in New South Wales or
elsewhere of an offence prescribed by the regulations, whether or not the
offence is an offence under New South Wales law, or
(b)
is subject to an apprehended violence order or
who has, at any time within 10 years before the application for the permit was
made, been subject to such an order (other than an order that has been
revoked), or
(c)
is subject to a recognisance, granted in New
South Wales or elsewhere, to keep the peace, or
(d)
is subject to a weapons prohibition
order.
(4)
The Commissioner may refuse to issue a permit if
the Commissioner considers that the issue of the permit would be contrary to
the public interest.
(5)
The regulations may provide other mandatory or
discretionary grounds for refusing the issue of a
permit.
(6)
Subsection (3) extends to offences that have been
committed, or to apprehended violence orders that have been made, or to
recognisances that have been granted, before the commencement of this
section.
11Genuine
reason
(1)
The Commissioner must not issue a permit
authorising the possession or use of a prohibited weapon unless the applicant
has, in the opinion of the Commissioner, a genuine reason for possessing or
using the weapon.
(2)
Without limiting the reasons that the
Commissioner may be satisfied are genuine reasons, the Commissioner may
determine that an applicant has a genuine reason for possessing or using a
prohibited weapon if the applicant:
(a)
states that he or she intends to possess or use
the weapon:
(i)
for any one or more of the reasons set out in the
Table to this subsection, or
(ii)
for any other reason prescribed by the
regulations, and
(b)
is able to produce evidence to the Commissioner
that he or she satisfies the requirements (if any) specified in respect of any
such reason.
Table
Reason: recreational/sporting
purposes
The applicant must demonstrate that the recreational or
sporting activity concerned requires the possession or use of the prohibited
weapon for which the permit is sought.
Reason: business/employment
purposes
The applicant must demonstrate that it is necessary in
the conduct of the applicant’s business or employment to possess or use
the prohibited weapon for which the permit is sought.
Reason: film/TV/theatrical purposes
The applicant must demonstrate that the film, television
or theatrical activity concerned requires the possession or use of the
prohibited weapon for which the permit is sought.
Reason: weapons collection
The applicant must demonstrate that the
applicant’s prohibited weapons collection has a genuine commemorative,
historical, thematic or financial value.
Reason: public museum purposes
The applicant must demonstrate that the public museum
concerned is involved in the collection and display of prohibited
weapons.
Reason: heirloom
The applicant must demonstrate that the applicant has
inherited the prohibited weapon for which the permit is sought and that the
weapon has a genuine sentimental value.
Reason: animal management
The applicant must be a veterinary surgeon, or an
organisation that has responsibilities for animal management, and demonstrate
that it is necessary in the conduct of the applicant’s responsibilities
to possess or use the prohibited weapon for which the permit is
sought.
Reason: scientific purposes
The applicant must demonstrate that the prohibited
weapon for which the permit is sought is required for legitimate scientific
purposes.
(3)
The possession or use of a prohibited weapon for
personal protection, or for the protection of any other person, is not a
genuine reason for the possession or use of the weapon. However, any such
reason may constitute a genuine reason in the case of a prohibited weapon
referred to in clause 4 (1) of Schedule 1 or in the case of a prohibited
weapon that is of a kind prescribed by the regulations for the purposes of
this subsection.
(4)
Subsection (3) does not limit the reasons that
the Commissioner may determine are not genuine reasons for the purposes of
possessing or using a prohibited weapon.
12Requirement to notify
Commissioner if genuine reason ceases to exist
If a permit holder’s genuine reason for
possessing or using a prohibited weapon can no longer be established by the
holder, the holder must, within 7 days of ceasing to have that genuine reason,
notify the Commissioner in writing of that fact.
Maximum penalty: 50 penalty
units.
13Form of
permit
(1)
A permit is to be in any one or more forms
approved by the Commissioner. The manner and form in which the information
referred to in subsection (2) is to be specified in, or recorded on, the
permit is to be determined by the Commissioner (including, for example, by way
of magnetic strip or other electronic means).
(2)
A permit must:
(a)
if the Commissioner so determines in the case of
any particular kind of permit, contain a recent photograph of the holder (such
photograph being obtained in accordance with arrangements determined by the
Commissioner), and
(b)
bear the signature of the holder,
and
(c)
specify the authority conferred by the permit and
the kind of prohibited weapons to which it relates, and
(d)
specify the genuine reason for which the holder
was issued with the permit, and
(e)
specify (in the case of a weapons dealer permit)
the premises where the prohibited weapons to which the permit relates are
authorised to be kept, and
(f)
contain such other details as may be prescribed
by the regulations.
(3)
The holder of a permit must, immediately after
being issued with the permit, write the person’s usual signature in ink
in the space provided for it on the permit (unless the permit already bears
the person’s signature).
Maximum penalty (subsection (3)): 20 penalty
units.
14Conditions of
permit
(1)
A permit is subject to such conditions as the
Commissioner thinks fit to impose and as are specified in the
permit.
(2)
In addition to the conditions specified in a
permit, a permit is subject to the following conditions:
(a)
the holder must not allow any other person to
possess or use any prohibited weapon in the holder’s possession if that
other person is not authorised to possess or use the
weapon,
(b)
the holder must, in accordance with such
arrangements as are agreed on by the holder and the Commissioner, or, in the
case of an authorised weapons dealer or authorised theatrical weapons
armourer, at any reasonable time, allow inspection by a police officer, an
authorised officer, or such other person as may be prescribed by the
regulations, of the holder’s facilities in respect of the storage and
safe keeping of the prohibited weapons in the holder’s
possession,
(c)
the permit cannot be transferred to another
person.
(3)
A permit is subject to such other conditions as
may be prescribed by the regulations.
15Term of
permit
(1)
A permit continues in force for a period of 5
years (or such shorter period as may be specified in the permit) from the date
on which it was issued unless it is sooner surrendered or revoked or it
otherwise ceases to be in force.
(2)
A permit may be renewed by making an application,
in accordance with this Act, for a new permit (referred to in this Act and the
regulations as a subsequent
permit).
16Suspension of
permit
(1)
The Commissioner may, if the Commissioner is
satisfied there may be grounds for revoking a permit, suspend the permit by
serving on the permit holder, personally or by post, a notice:
(a)
stating that the permit is suspended and the
reasons for suspending it, and
(b)
requesting that the permit holder provide the
Commissioner with reasons why the permit should not be
revoked.
(2)
The Commissioner must suspend a permit in
accordance with this section if the Commissioner is aware that the permit
holder has been charged with a domestic violence offence within the meaning of
the Crimes Act 1900 or the Commissioner has
reasonable cause to believe that the permit holder has committed or has
threatened to commit a domestic violence offence within the meaning of that
Act.
(3)
A suspended permit does not authorise the
possession or use of any prohibited weapon during the period specified in the
notice suspending the permit.
17Suspension of permit on making
of interim apprehended violence order
(1)
A permit is automatically suspended on the making
of an interim apprehended violence order against the permit
holder.
(2)
The permit is suspended until the order is
confirmed or revoked.
18Revocation of
permit
(1)
A permit is automatically revoked if the permit
holder becomes subject to a weapons prohibition order or an apprehended
violence order.
(2)
A permit may be revoked:
(a)
for any reason for which the permit holder would
be refused a permit, or
(b)
if the permit holder:
(i)
supplied information in, or in connection with,
the application for the permit which was (to the permit holder’s
knowledge) false or misleading in a material particular,
or
(ii)
contravenes any provision of this Act or the
regulations, whether or not the permit holder has been convicted of an offence
in respect of the contravention, or
(iii)
contravenes any condition of the permit,
or
(c)
if the Commissioner is of the opinion that the
permit holder is no longer a fit and proper person to hold a permit,
or
(d)
for any reason the Commissioner considers
sufficient in the circumstances, or
(e)
for any other reason prescribed by the
regulations.
(3)
The Commissioner may revoke a permit by serving
personally or by post on the permit holder a notice stating that the permit is
revoked and the reason for revoking it.
(4)
The revocation of a permit by such a notice takes
effect when the notice is served or on a later date specified in the
notice.
(5)
The Commissioner may, by serving a further notice
on the holder of a permit, cancel a notice revoking the permit before the
notice takes effect.
19Surrender and seizure of
prohibited weapons when permit suspended or revoked
(1)
If a permit is suspended or revoked, the person
to whom it was issued must immediately surrender to a police officer:
(a)
any prohibited weapon in the person’s
possession, and
(b)
the permit.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A police officer is authorised to seize any
prohibited weapon in the possession of a person if that person’s permit
is suspended or revoked.
Part 3Weapons dealers and theatrical
weapons armourers—special provisions
20Weapons dealers and theatrical
weapons armourers must hold permit
(1)
A person must not, in carrying on a business as a
weapons dealer, buy, sell or manufacture any prohibited weapon unless
authorised to do so by a weapons dealer permit.
(2)
A person must not, in carrying on a business as a
theatrical weapons armourer, buy, sell or manufacture any prohibited weapon
unless authorised to do so by a theatrical weapons armourer
permit.
Maximum penalty:
•
on summary conviction—100 penalty units or
imprisonment for 2 years, or both,
•
on conviction on indictment—imprisonment
for 7 years.
21Additional requirements for
weapons dealers and theatrical weapons armourers
(1)
An authorised weapons dealer or authorised
theatrical weapons armourer must not take possession of any prohibited weapon
for the purpose of repairing or testing it unless the dealer or armourer has
seen the permit of the person who is giving possession of the weapon to the
dealer or armourer.
Maximum penalty: 50 penalty
units.
(2)
The regulations may prescribe other requirements
with respect to authorised weapons dealers and authorised theatrical weapons
armourers.
22Security of displayed
weapons
(1)
An authorised weapons dealer or authorised
theatrical weapons armourer who displays prohibited weapons on the
dealer’s or armourer’s business or other premises must ensure that
those weapons are secured in such a manner as would reasonably prevent their
removal otherwise than by the dealer or armourer or any employee of the dealer
or armourer.
Maximum penalty: 50 penalty
units.
(2)
An authorised weapons dealer or authorised
theatrical weapons armourer must ensure that any prohibited weapon that is
displayed on the dealer’s or armourer’s business or other
premises:
(a)
is under the immediate supervision and control of
the dealer or armourer, or an employee of the dealer or armourer,
and
(b)
is not displayed to the public unless reasonable
precautions are taken to prevent it from being
stolen.
Maximum penalty: 50 penalty
units.
Part 4Miscellaneous
offences
23Restrictions on sale and
purchase of prohibited weapons
(1)
A person must not buy a prohibited weapon unless
the person is authorised to possess the weapon by a permit.
Maximum penalty:
•
on summary conviction—50 penalty units or
imprisonment for 12 months, or both,
•
on conviction on indictment—imprisonment
for 5 years.
(2)
A person (the
buyer) must not buy a prohibited weapon from another person
(the
seller) unless:
(a)
the seller is authorised to possess the weapon by
a permit, and
(b)
the buyer:
(i)
has seen the seller’s permit,
or
(ii)
knows that the seller is an authorised weapons
dealer or authorised theatrical weapons armourer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(3)
A person (the
seller) must not sell a prohibited weapon to another person
(the
buyer) unless:
(a)
the buyer is authorised to possess the weapon by
a permit, and
(b)
the seller:
(i)
has seen the buyer’s permit,
or
(ii)
knows that the buyer is an authorised weapons
dealer or authorised theatrical weapons armourer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
24Restrictions on sending and
receiving prohibited weapons
(1)
A person who is not the holder of a permit must
not send a prohibited weapon to another person.
Maximum penalty: 50 penalty
units.
(2)
A person (the
sender) must not send a prohibited weapon to another person
(the
receiver) if the sender knows (or would be reasonably
expected to know) that the receiver would be, because of receiving the weapon
or being in possession of it at the place to which it is sent, guilty of any
offence under this Act or under any law that applies at that
place.
Maximum penalty: 50 penalty
units.
(3)
A person who is not the holder of a permit must
not receive a prohibited weapon.
Maximum penalty: 50 penalty
units.
(4)
It is a defence to a prosecution under subsection
(3) if the defendant proves that the prohibited weapon was sent to the
defendant without his or her knowledge or approval.
(5)
In this section, send includes cause to be
delivered.
25Advertising sale of prohibited
weapons
A person who causes to be published an
advertisement for the sale of a prohibited weapon must ensure that the
advertisement:
(a)
states that a permit is required for the
possession or use of the weapon, and
(b)
specifies the permit number of the person on
whose behalf the weapon is being sold.
Maximum penalty: 50 penalty
units.
26General requirement for safe
keeping of prohibited weapons
A person who possesses a prohibited weapon must
take all reasonable precautions to ensure:
(a)
its safe keeping, and
(b)
that it is not stolen or lost,
and
(c)
that it does not come into the possession of a
person who is not authorised to possess the weapon.
Maximum penalty: 100 penalty units or
imprisonment for 2 years, or both.
27On-the-spot inspection of
prohibited weapons
(1)
A person who is in possession of a prohibited
weapon must, on the demand of an authorised officer or police officer at any
time, immediately produce for inspection by the officer:
(a)
the weapon, and
(b)
any permit that authorises the person to possess
the weapon.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A person is guilty of an offence under this
section only if the authorised officer or police officer, when making the
demand, explains to the person that failure to comply with the demand is an
offence under this Act.
(3)
A person is not guilty of an offence under this
section because of failing to produce a permit if the person:
(a)
has a reasonable excuse for not having the permit
when the demand is made, and
(b)
produces it, within 48 hours after the demand for
its production is made, to the authorised officer or police officer who made
the demand or to another authorised officer or police officer nominated by the
officer.
28Disposal of prohibited weapons
by unauthorised persons
(1)
A person who comes into possession of a
prohibited weapon, but is not authorised by or under this Act to possess the
weapon, must immediately surrender the weapon to a police
officer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A person does not contravene any other provision
of this Act just by delivering or surrendering a prohibited weapon in
accordance with this section.
29Permit must be produced on
demand
(1)
A person to whom a permit is issued must, on
demand made by an authorised officer or police officer at any time:
(a)
if the person has the permit in his or her
immediate possession—produce the permit for inspection by the officer,
or
(b)
if the person does not have the permit in his or
her immediate possession—produce it within 48 hours after the demand is
made to the officer who made the demand or to another officer nominated by the
officer, or
(c)
provide proof of that person’s identity,
and his or her usual place of residence, to the
officer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A person is guilty of an offence under this
section only if the authorised officer or police officer, when making the
demand, explains to the person that failure to comply with the demand is an
offence against this Act.
30Requirement to notify change
of particulars
The holder of a permit must, if there is any
change in a particular specified in the permit (such as the permit
holder’s name or place of residence), notify the Commissioner in writing
of the particulars of the change within 7 days after the change
occurs.
Maximum penalty: 50 penalty
units.
31False or misleading
applications
A person must not, in or in connection with an
application under this Act or the regulations, make a statement or provide
information that the person knows is false or misleading in a material
particular.
Maximum penalty:
•
on summary conviction—100 penalty units or
imprisonment for 2 years, or both,
•
on conviction on indictment—imprisonment
for 10 years.
32Misuse etc of
permit
A person must not:
(a)
falsely represent himself or herself to be the
holder of a permit (whether or not it is in force), or
(b)
forge or fraudulently alter a permit (whether or
not it is in force), or
(c)
give possession of a permit to another person for
the purpose of using it unlawfully, or
(d)
steal a permit, or
(e)
knowingly have possession of a forged,
fraudulently altered, borrowed or stolen permit.
Maximum penalty: 100 penalty units or
imprisonment for 2 years, or both.
Part 5Weapons prohibition
orders
33Commissioner may make weapons
prohibition order
(1)
The Commissioner may make an order prohibiting a
person from having possession of, or from using, any prohibited weapon if, in
the opinion of the Commissioner, the person is not fit, in the public
interest, to be permitted to have possession of a prohibited
weapon.
(2)
Without limiting the generality of subsection
(1), such an order may be made in respect of any person who had possession of
or used a prohibited weapon immediately before the weapon was seized under
this or any other Act.
(3)
A weapons prohibition order takes effect when it
is served personally on the person to whom it is
directed.
34Effect of weapons prohibition
order
(1)
A person must not possess or use a prohibited
weapon in contravention of a weapons prohibition order that is in
force.
Maximum penalty:
•
on summary conviction—100 penalty units or
imprisonment for 2 years, or both,
•
on conviction on indictment—imprisonment
for 10 years.
(2)
Without limiting the generality of subsection (1)
and for the purposes only of that subsection, a prohibited weapon found in or
on any premises is, in the absence of proof to the contrary, taken to be in
the possession of any person subject to a weapons prohibition order who at the
time of the finding or around that time was in or on or in occupation of the
premises.
(3)
A person must not sell or give possession of a
prohibited weapon to another person, knowing that the other person is
prohibited from possessing prohibited weapons by a weapons prohibition
order.
Maximum penalty:
•
on summary conviction—100 penalty units or
imprisonment for 2 years, or both,
•
on conviction on indictment—imprisonment
for 10 years.
(4)
In this section, premises includes any structure,
vehicle, vessel or aircraft or any place, whether built on or
not.
Part 6Miscellaneous
provisions
35Right to seek review from
Administrative Decisions Tribunal
A person may apply to the Administrative
Decisions Tribunal for a review of the following decisions:
(a)
the refusal or failure by the Commissioner to
issue a permit to the person,
(b)
a condition imposed by the Commissioner on a
permit issued to the person,
(c)
the revocation or suspension of a permit issued
to the person.
36Interstate
transactions
(1)
Despite any other provision of this Act, a person
who is the holder of a permit is, for the purposes of any transaction between
the person and the holder of a corresponding permit outside New South Wales,
authorised to buy or sell a prohibited weapon from or to the holder of that
corresponding permit.
(2)
In this section:
corresponding permit means an
instrument (or other form of authorisation) that:
(a)
is in force in a place outside New South Wales,
and
(b)
is, in the opinion of the Commissioner, the
equivalent of a permit in force under this Act.
37Register of
permits
(1)
The Commissioner is to keep, in such form as the
Commissioner determines, a register of permits.
(2)
The register is to contain the following
information in respect of each permit:
(a)
the matters that by or under this Act are
required to be specified in the permit (including any conditions specified in
the permit),
(b)
particulars of any suspension, revocation or
surrender of the permit.
(3)
The information is to be recorded in the register
in such manner as the Commissioner thinks fit.
(4)
The Commissioner may cause to be made such
alterations in the register as are necessary to ensure that the information
recorded in the register is accurate.
38Disclosures by doctors and
health practitioners of certain information
(1)
If a registered medical practitioner, or other
health practitioner of a class prescribed by the regulations, is of the
opinion that a patient is an unsuitable person to be in possession of a
prohibited weapon:
(a)
because of the patient’s mental condition,
or
(b)
because the practitioner thinks that the patient
might attempt to commit suicide, or would be a threat to public safety, if in
possession of a prohibited weapon,
nothing prevents the practitioner from informing the
Commissioner of that opinion.
(2)
This section has effect despite any duty of
confidentiality, and any action by a practitioner in accordance with this
section does not give rise to any criminal or civil action or
remedy.
39Seizure of prohibited weapons
by police officer
If a police officer has reasonable grounds to
believe that an offence under this Act or the regulations has been or is being
committed, the police officer may seize any prohibited weapon that, in the
opinion of the police officer, is connected with the
offence.
40Disposal of surrendered or
seized prohibited weapons
(1)
A Local Court or the Children’s Court may,
on application by a police officer or by any person who claims to be the owner
of a prohibited weapon surrendered to, or seized by, a police officer in
accordance with this Act, order that the weapon:
(a)
be forfeited to the Crown, or
(b)
be returned to the person claiming to be the
owner of the weapon, or
(c)
be otherwise disposed of in such manner as the
Court thinks fit.
(2)
Without limiting subsection (1) (c), the Local
Court or the Children’s Court may order:
(a)
that any such weapon is to be sold on behalf of
the person claiming to be the owner of the weapon, and
(b)
that the person is to receive the proceeds of the
sale.
s 40: Am 1998 No 149,
Sch 2.11.
41Delegation
(1)
The Commissioner may delegate to a relevant
person any of the Commissioner’s functions under this Act or the
regulations, other than this power of delegation.
(2)
A delegate may sub-delegate to a relevant person
any of the functions delegated by the Commissioner if the delegate is
authorised in writing to do so by the Commissioner.
(3)
In this section, relevant person means:
(a)
a police officer or any other member of the
Police Service, or
(b)
a public servant, or
(c)
any other person prescribed by the
regulations.
42Penalty notices for certain
offences
(1)
A police officer may serve a penalty notice on a
person if:
(a)
it appears to the officer that the person has
committed an offence under this Act or the regulations,
and
(b)
the regulations prescribe that offence as an
offence for which a penalty notice may be issued.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person may pay, within the time and to the person specified in the notice,
the penalty prescribed by the regulations for the offence if dealt with under
this section.
(3)
A penalty notice may be served personally or by
post.
(4)
If the amount of the penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
criminal proceedings for the alleged offence.
(5)
Payment under this section is not an admission of
liability for the purposes of, and does not affect or prejudice, any civil
claim, action or proceeding arising out of, the same
occurrence.
(6)
The regulations may:
(a)
prescribe an offence for the purposes of this
section by specifying the offence by referring to the provision creating the
offence, and
(b)
prescribe the amount of penalty for an offence if
dealt with under this section, and
(c)
prescribe different amounts of penalty for
different offences or classes of offences.
(7)
The amount of penalty prescribed under this
section for an offence may not exceed the maximum amount of penalty which
could be imposed for the offence by a court.
(8)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings which may be taken in respect of offences or any other matter
under this Act.
43Proceedings for
offences
(1)
Except in so far as an offence may be prosecuted
on indictment, proceedings for an offence under this Act or the regulations
may be disposed of summarily before a Local Court constituted by a Magistrate
sitting alone.
(2)
Part 9A of the Criminal
Procedure Act 1986 (which relates to the summary disposal
of certain indictable offences unless an election is made to proceed on
indictment) applies to and in respect of an offence under section 7, 20, 23,
31 or 34 to the extent that the offence may be prosecuted on
indictment.
44Time for laying
information
An offence under this Act or the regulations may
be dealt with in a summary manner before a Local Court if the information was
laid within 2 years of the date on which the offence is alleged to have been
committed.
45Liability of parents and
guardians
(1)
If a person under the age of 18 years contravenes
any provision of this Act or the regulations, each parent of the person is
taken to have contravened the same provision if the parent knowingly
authorised or permitted the contravention.
(2)
A parent may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the parent’s
child has been proceeded against or convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on the child for an offence committed by the child under this Act or
the regulations.
(4)
In this section, parent includes a
guardian.
46Offences by
corporations
(1)
If a corporation contravenes any provision of
this Act or the regulations, each person who is a director of the corporation
or who is concerned in the management of the corporation is to be taken to
have contravened the same provision if the person knowingly authorised or
permitted the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the corporation
has been proceeded against or been convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation against
this Act or the regulations.
47Service of
notices
Any notice or other instrument required or
authorised by this Act or the regulations to be served on a person by post is
sufficiently addressed if it is addressed to the last address of the person
known to the Commissioner.
48Evidence
A certificate signed by the Commissioner (or by a
person holding an office prescribed by the regulations) certifying any one or
more of the following:
(a)
that a specified person was or was not, on a day
or during a specified period, the holder of a permit,
(b)
that any permit was or was not, on a day or
during a specified period, subject to specified
conditions,
(c)
that a specified person was or was not, on a
specified day or during a specified period, subject to a weapons prohibition
order,
(d)
that a specified thing was or was not, on a
specified date, approved,
(e)
that a specified address was, on a specified
date, the last address known to the Commissioner of a specified
person,
is admissible in any proceedings under this Act and is
prima facie evidence of the matters so certified.
49Identification of authorised
officers
(1)
An authorised officer cannot exercise the
functions of an authorised officer under this Act or the regulations unless
the officer is in possession of an identification card issued to the officer
by the Commissioner.
(2)
In the course of exercising the functions of an
authorised officer under this Act or the regulations, the officer must, if
requested to do so by any person, produce the officer’s identification
card to the person.
50Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, the regulations may make provision
for or with respect to the following matters:
(a)
the acquisition, possession, storage, safe
keeping, maintenance, repair, testing and use of prohibited
weapons,
(b)
training courses in relation to the use of
prohibited weapons (in particular in relation to the use of any batons that
are prohibited weapons),
(c)
weapons dealers and theatrical weapons armourers,
and their functions,
(d)
any matter relating to
permits,
(e)
fees payable under this Act or the regulations
(including fees for the issuing of permits),
(f)
exempting persons from specified requirements of
this Act or the regulations.
(3)
The regulations may create an offence punishable
by a penalty not exceeding 50 penalty units.
51Savings and transitional
provisions
Schedule 2 has effect.
52Repeals
(1)
The Prohibited Weapons Act
1989 is repealed.
(2)
The Prohibited Weapons Regulation
1997 is repealed.
53Consequential amendment of
other Acts
The Acts set out in Schedule 3 are amended as set
out in that Schedule.
54Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 1Prohibited
weapons
(Section 4
(1))
1Knives
(1)
A flick knife (or other similar device)
that has a blade which opens automatically by gravity or centrifugal force or
by any pressure applied to a button, spring or device in or attached to the
handle of the knife.
(2)
A ballistic knife that propels a
knife-like blade of any material by any means other than an
explosive.
(3)
A sheath knife that has a sheath which
withdraws into its handle by gravity or centrifugal force or if pressure is
applied to a button, spring or device attached to or forming part of the
sheath, handle or blade of the knife.
(4)
An Urban Skinner push dagger or any other
device that consists of a single-edged or multi-edged blade or spike that has
a handle fitted transversely to the blade or spike and allows the blade or
spike to be supported by the palm of the hand so that stabbing blows or
slashes can be inflicted by a punching or pushing
action.
(5)
A trench knife or any other device that
consists of a single-edged or multi-edged blade or spike that is fitted with a
handle made of any hard substance that can be fitted over the knuckles of the
hand of the user to protect the knuckles and increase the effect of a punch or
blow, or that is adapted for such use.
(6)
A butterfly knife or
“balisong” or any other device that consists of a single-edged or
multi-edged blade or spike that fits within 2 handles attached to the blade or
spike by transverse pivot pins and is capable of being opened by gravity or
centrifugal force.
(7)
A star knife or any other device that
consists of a number of angular points, blades or spikes disposed outwardly
about a central axis point and that are designed to spin around the central
axis point in flight when thrown at a target.
2Miscellaneous
weapons
(1)
Any bomb, grenade, rocket,
missile or mine (or other similar device, such as a tear-gas
canister) that is in the nature of (or that expels or contains) an explosive,
incendiary, irritant or gas, and whether or not it is “live” or
has been deactivated. A “live” rocket must have a propellant
charge of more than 100 grams, and a “live” missile must have an
explosive or incendiary charge of more than 7 grams, for it to be a prohibited
weapon.
(2)
A flame thrower that is of military
design, or any other device that is capable of projecting ignited incendiary
fuel.
(3)
Any device that is designed to propel or launch a
bomb, grenade, rocket or missile by any means other than by means of an
explosive, including a device known as a PVC cannon.
(4)
A spear gun having an overall length
(being the length of the spear gun when it is not loaded with a spear) of less
than 45 centimetres.
(5)
A crossbow (or any similar device)
consisting of a bow fitted transversely on a stock that has a groove or barrel
designed to direct an arrow or bolt.
(6)
A slingshot (being a device consisting of
an elasticised band secured to the forks of a “Y” shaped frame),
other than a home-made slingshot for use by a child in the course of
play.
(7)
A Saunders “Falcon” Hunting
Sling, or any other device in the nature of a hunting sling, catapult or
slingshot that is designed for use with, or a component part of which is, a
brace that:
(a)
fits or rests on the forearm or on another part
of the body of the user, and
(b)
supports the wrist against the tension of elastic
material used to propel a projectile.
(8)
A blow-gun or blow-pipe that is
capable of projecting a dart, or any other device that consists of a pipe or
tube through which missiles in the form of a dart are capable of being
projected by the exhaled breath of the user or by any other means other than
an explosive.
(9)
Any dart capable of being projected from a
blow-gun or blow-pipe.
(10)
A Farallon Shark Dart, or any other
similar device that is designed to expel, on contact, any gas or other
substance capable of causing bodily harm and which is reasonably capable of
being carried concealed about the person.
(11)
A dart projector known as the Darchery
dartslinger, or any other similar device that is designed to project a dart by
means of an elasticised band.
(12)
A mace or any other similar article that
consists of a club or staff fitted with a flanged or spiked head, other than a
ceremonial mace made for and used solely as a symbol of authority on
ceremonial occasions.
(13)
A flail or any other similar article that
consists of a staff or handle that has fitted to one end, by any means, a
freely swinging striking part that is armed with spikes or studded with any
protruding matter.
(14)
A whip that has a lash which is comprised
wholly or partly of any form of metal.
(15)
A whip known as a cat-o’-nine-tails,
or any other whip that consists of a handle to which there is attached any
number of knotted lashes.
(16)
Kung fu sticks or “nunchaku”,
or any other similar article consisting of 2 or more sticks or bars made of
any material that are joined together by any means that allows the sticks or
bars to swing independently of each other.
(17)
A side-handled baton or any other similar
article consisting of a baton, staff or rod that is made of any hard substance
and has fitted to one side a handle, whether or not that handle is permanently
fixed.
(17A)
An extendable or telescopic
baton.
(18)
Any hand-held defence or anti-personnel device
that is designed to administer an electric shock on contact, such as the
Taser Self-Defence Weapon or an electrified brief-case, but not
including any such hand-held device that may lawfully be used on an animal in
accordance with the Prevention of Cruelty to Animals Act
1979.
(19)
Knuckle-dusters or any other similar
article that is made of any hard substance and that can be fitted over the
knuckles of the hand of the user to protect the knuckles and increase the
effect of a punch or other blow or that is adapted for use as
such.
(20)
A sap glove, or any other similar article,
that consists of a glove (including a fingerless glove) that has a layer of
powdered lead sewn under the outer covering and positioned over the knuckle
area on the back of the glove.
(21)
A studded glove, or any other similar
article, that consists of a glove (including a fingerless glove) that has a
number of raised studs or spikes made of a hard substance and positioned over
the back of the glove to increase the effect of a punch or
blow.
(22)
Any device designed or intended as a
defence or anti-personnel spray and that is capable of
discharging by any means any irritant matter comprising or containing any one
or more of the following substances in liquid, powder, gas or chemical
form:
(a)
chloroacetophenone, known as
CN,
(b)
orthochlorobenzalmalononitrile, known as
CS,
(c)
dypenylaminechloroarsone, known as DM or
Adamsite,
(d)
oleoresin capsicum, known as
OC.
(23)
Any device (not being a device referred to in
subclause (22)) designed as a defence or anti-personnel spray and that is
capable of discharging any irritant matter.
(24)
Any acoustic or light-emitting
anti-personnel device that is designed to cause permanent or temporary
incapacity or to otherwise disorientate persons.
3Replicas, imitations,
concealed blades etc
(1)
Any imitation or replica of a bomb,
grenade, rocket, missile or mine (or similar
device), unless it is of an approved type.
(2)
Any imitation or replica of a firearm in
respect of which a licence or permit is required under the Firearms Act 1996 (including any
imitation or replica pistol, blank fire pistol, shortened firearm, machine gun
or sub-machine gun), unless it is of an approved type.
(3)
A walking stick or cane that
contains a sword or any other single-edged or multi-edged blade or spike of
any length or of any material.
(4)
A riding crop that contains a knife,
stiletto or any other single-edged or multi-edged blade or spike of any length
or of any material.
(5)
A Bowen Knife Belt or any other similar
article consisting of a belt or belt buckle that conceals or disguises within
the article a knife or a single-edged or multi-edged blade or spike of any
length or of any material.
(6)
Any article or device that:
(a)
due to its appearance is capable of being
mistaken for something else that is not a weapon, and
(b)
disguises and conceals within it a single-edged
or multi-edged blade or spike of any length or of any
material.
4Miscellaneous
articles
(1)
Body armour vests (or any other similar
article) designed for anti-ballistic purposes and to be worn on any part of
the body (other than helmets or anti-ballistic articles used for eye or
hearing protection).
(2)
Handcuffs (other than antique handcuffs,
or children’s toy handcuffs, that are of an approved
type).
(3)
Silencers or any other device designed for
attachment to a firearm for the purpose of muffling, reducing or stopping the
noise created by firing the firearm.
(4)
A firearm magazine, being:
(a)
a rimfire magazine with a capacity of more than
15 rounds, or
(b)
a centre-fire self-loading rifle magazine with a
capacity of more than 5 rounds, or
(c)
a shotgun magazine with a capacity of more than 5
rounds, or
(d)
a shotgun tubular magazine extension that is
capable of extending the capacity of a shotgun magazine to more than 5
rounds.
sch 1: Am GG No 15 of
5.2.1999, p 419.
Schedule 2Savings and transitional
provisions
(Section 51)
Part 1Preliminary
1Savings and transitional
regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of this
Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to this Act or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2Provisions consequent on
enactment of this Act
2Definitions
(1)
In this Part:
existing
permit means a permit:
(a)
that was issued under the former Act,
and
(b)
that was in force immediately before the repeal
of the former Act by this Act.
former
Act means the Prohibited Weapons Act
1989 as in force immediately before its repeal by this
Act.
(2)
For the purposes of this Part, a person is taken
to have acquired a prohibited weapon if the
person has purchased, accepted or received, or otherwise taken possession of,
the weapon.
3Temporary amnesty for
surrendering existing prohibited weapons
(1)
This clause applies to any person who:
(a)
acquired a prohibited weapon (other than a
prohibited weapon to which clause 4 applies) before the commencement of this
clause, and
(b)
is not the holder of a permit under this Act
authorising the person to possess the weapon.
(2)
Subject to the regulations, a person to whom this
clause applies is exempt from the requirement under Part 2 of this Act to hold
a permit authorising possession of the prohibited weapon, but only for the
purpose of:
(a)
surrendering the prohibited weapon to any member
of the Police Service in accordance with such directions as are issued by the
Commissioner, or
(b)
proceeding to a police station (or such other
place nominated by the Commissioner) for the purposes of surrendering the
prohibited weapon.
(3)
However, nothing in this clause authorises any
such person to use a prohibited weapon without the authority of a
permit.
(4)
This clause ceases to have effect 3 months after
the commencement of this clause (or such later period as may be prescribed by
the regulations).
4Amnesty concerning certain
things that have become prohibited weapons
(1)
This clause applies to a prohibited weapon
referred to in clause 1 (2) or 2 (3) or (24) of Schedule
1.
(2)
Subject to the regulations, any person
who:
(a)
acquired a prohibited weapon to which this clause
applies before the commencement of this clause, and
(b)
is not the holder of a permit under this Act
authorising the person to possess the weapon,
does not commit an offence under section 7 of this Act
in respect of the possession of that weapon.
(3)
However, nothing in this clause authorises any
such person to use a prohibited weapon to which this clause applies without
the authority of a permit.
(4)
This clause ceases to have effect 6 months after
the commencement of this clause (or such later period as may be prescribed by
the regulations).
5Saving of existing
permits
(1)
Subject to the regulations, an existing permit
that authorised the possession or use of a prohibited weapon:
(a)
is taken to be a permit of the corresponding kind
(as determined by the Commissioner) issued under this Act,
and
(b)
continues (unless it is sooner suspended or
revoked in accordance with this Act or otherwise ceases to be in force) to
authorise the possession or use of the weapon in respect of which it was
issued for a period of 12 months from the commencement of this clause or for
such longer period as may be prescribed by the
regulations.
(2)
The conditions to which an existing permit is
subject are, subject to the regulations, taken to be conditions imposed by the
Commissioner under this Act, and any such condition may be varied or revoked
in accordance with this Act.
6Pending
applications
An application for a permit made under the former
Act that was not finally determined before the repeal of the former Act by
this Act is void and does not have any operation with respect to this
Act.
7References to prohibited
weapons and articles
A reference in any Act (other than this Act) or
statutory instrument to a prohibited weapon or a prohibited article within the
meaning of the former Act is to be read as a reference to a prohibited weapon
within the meaning of this Act.
Schedule 3Consequential amendment of
other Acts
(Section 53)
3.1Children (Protection and Parental Responsibility) Act
1997 No 78
Section 29 Removal of
concealed weapons
Omit paragraph (b) of the definition of weapon in section 29
(2).
Insert instead:
(b)
a prohibited weapon within the meaning of the
Weapons Prohibition Act 1998,
or
3.2Crimes
Act 1900 No 40
[1]Section 4
Definitions
Omit paragraph (b) of the definition of Dangerous weapon in section 4
(1).
Insert instead:
(b)
a prohibited weapon within the meaning of the
Weapons Prohibition Act 1998,
or
[2]Section 357 Searching for and
seizing firearms etc
Omit “Prohibited Weapons Act
1989” from section 357 (1) (c).
Insert instead “Weapons Prohibition Act
1998”.
[3]Section 357 (5), definition of
“dangerous article”
Omit paragraph (a) of the
definition.
Insert instead:
(a)
a firearm (within the meaning of the Firearms Act 1996), a spare barrel for
any such firearm, or any ammunition for any such firearm,
or
(a1)
a prohibited weapon within the meaning of the
Weapons Prohibition Act 1998,
or
[4]Section 562D Prohibitions and
restrictions imposed by orders
Omit “Prohibited Weapons Act
1989” from section 562D (3).
Insert instead “Weapons Prohibition Act
1998”.
3.3Criminal Procedure Act 1986 No
209
Part 9A, Table 2 Indictable
offences that are to be dealt with summarily unless prosecuting authority
elects otherwise
Omit clause 8. Insert instead:
8Weapons Prohibition Act
1998
An offence under section 7, 20, 23, 31 or 34 of
the Weapons Prohibition Act
1998.
3.4Fines
Act 1996 No 99
Schedule 1 Statutory
provisions under which penalty notices issued
Insert in alphabetical order:
Weapons
Prohibition Act 1998, section 42
3.5Search
Warrants Act 1985 No 37
[1]Section 5 Application for
warrant in respect of certain offences, stolen property
etc
Insert after section 5 (1) (b):
(b1)
a thing connected with a prohibited weapons
offence,
[2]Section 5 (2), definition of
“firearms offence”
Omit the definition. Insert instead:
firearms
offence means an offence under the Firearms Act 1996 or the regulations
under that Act, being an offence committed in respect of a firearm within the
meaning of that Act.
[3]Section 5 (2), definition of
“prohibited weapons offence”
Insert after the definition of narcotics
offence:
prohibited weapons offence means an
offence under the Weapons Prohibition Act
1998 or the regulations under that Act, being an offence
committed in respect of a prohibited weapon within the meaning of that
Act.
3.6Summary Offences Act 1988 No
25
Section 28
Definitions
Omit paragraph (c) of the definition of dangerous
implement.
Insert instead:
(c)
a prohibited weapon (within the meaning of the
Weapons Prohibition Act 1998),
or
Historical
notes
Table of amending
instruments
Weapons
Prohibition Act 1998 No 127. Assented to 26.11.1998. Date
of commencement, 8.2.1999, sec 2 and GG No 15 of 5.2.1999, p 392. This Act has
been amended as follows:
1998
No
149
Crimes Legislation Further Amendment
Act 1998. Assented to 8.12.1998.
Date of commencement, 8.2.1999, sec 2 and GG No 15 of
5.2.1999, p 391.
This Act has also been amended by regulations
under sec 5.
Table of
amendments
Sec
40
Am 1998 No
149, Sch 2.11.
Sch
1
Am GG No 15
of 5.2.1999, p 419.