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 practitioner (within
the meaning of the Veterinary Practice Act
2003), 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.
s 11: Am 2003 No 87,
Sch 3.29.