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)
An application for a permit must be made to the
Commissioner in an approved manner and the fee prescribed by the regulations
for the application must be paid when the application is made or as otherwise
approved.
(2)
The application must include or be accompanied 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.
s 9: Am 2017 No 26,
Sch 3 [2].
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 are imposed by or under this Act 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
interim apprehended violence order or who has, at any time within 10 years
before the application for the permit was made, been subject to an apprehended
violence order (other than an order that has been revoked),
or
(c)
is subject to one of the following in relation to
an offence prescribed by the regulations—
(i)
a good behaviour bond, whether entered into in
New South Wales or elsewhere,
(ii)
a community correction order imposed in New South
Wales,
(iii)
a conditional release order imposed in New South
Wales, or
(d)
is subject to a weapons prohibition order,
or
(e)
is a registrable person or corresponding
registrable person under the Child Protection (Offenders
Registration) Act 2000.
(3A)
A permit must not be issued to a person if the
Commissioner is of the opinion, having regard to any criminal intelligence
report or other criminal information held in relation to the person,
that—
(a)
the person is a risk to public safety,
and
(b)
the issuing of the permit would be contrary to
the public interest.
Note—
Any such grounds for not issuing a permit may
also be grounds for suspending or revoking the permit—see sections 16
(1) and 18 (2).
(3B)
The Commissioner is not, under this or any other
Act or law, required to give any reasons for not issuing a permit on the
grounds referred to in subsection (3A).
(4)
Despite any other provision of this section, 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)
s 10: Am 2010 No 40,
Sch 1 [3]–[7]; 2017 No 26, Sch 3 [3] [4]; 2019 No 20, Sch
1.24[2].
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: historical re-enactment
purposes
The applicant must be a current member of a historic or
commemorative club or society approved by the Commissioner in accordance with
the regulations and which conducts activities or events requiring 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—
(a)
be a current member of a collectors’ club
or society approved by the Commissioner in accordance with the regulations,
and
(b)
demonstrate that the applicant’s 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; 2010 No 40, Sch 1 [8] [9].
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)
contain a recent photograph of the person to whom
it is issued (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.
s 13: Am 2010 No 40,
Sch 1 [10].
14Conditions of permit
(1)
A permit is subject—
(a)
to such conditions as may be imposed by the
Commissioner (whether at the time the permit is issued or at any later time),
and
(b)
to such other conditions as are imposed by this
Act or prescribed by the regulations.
(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)
s 14: Am 2010 No 40,
Sch 1 [11] [12].
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.
(1A)
If a permit is being suspended because the
Commissioner is satisfied that there may be grounds for revoking the permit
under section 10 (3A), the notice suspending the permit is not
required—
(a)
to state the reasons for the suspension,
or
(b)
to include any request 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 (Domestic and Personal Violence) Act
2007 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.
s 16: Am 2006 No 73,
Sch 3.18 [1] [2]; 2007 No 80, Sch 2.19 [3] [4]; 2010 No 40, Sch 1
[13].
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.
(2A)
If the Commissioner revokes a permit because the
permit holder would be refused a permit on the grounds referred to in section
10 (3A), the Commissioner is not, under this or any other Act or law, required
to give any reasons for revoking the permit on those
grounds.
(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.
s 18: Am 2010 No 40,
Sch 1 [14].
19Surrender and seizure of prohibited weapons when permit
suspended or revoked
(1)
If a permit is suspended, revoked or otherwise
ceases to be in force, 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, revoked or otherwise ceases to be in
force.
(3)
This section does not apply in relation to a
permit that has expired if the authority conferred by the permit continues to
have effect (as provided by the regulations) pending the determination of an
application for a subsequent permit.
s 19: Am 2010 No 40,
Sch 1 [15] [16].