Australian Capital Territory Numbered Acts

WEAPONS ACT 1991 (NO 8 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Weapons Act 1991.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      The Acts specified in Schedule 1 are repealed.  

   PART II--ADMINISTRATION REGISTRAR OF WEAPONS

   6.      The chief police officer may, by instrument, appoint a person who is a police officer who holds a rank of or above that of Superintendent to be the Registrar of Weapons.  
   7.      The Registrar has such functions as are conferred on the Registrar by this Act or any other law of the Territory.  
   8.      The Registrar has power to do all things that are necessary or convenient to be done for, or in connection with, the functions of the Registrar.  
   10.     The Registrar may, by writing signed by him or her, delegate any of his or her powers or functions under this Act.  
   14.     A person shall not, without reasonable excuse, contravene a guideline determined under section 13.  

   PART III--LICENCES

   18.     A person shall not possess or use a dangerous weapon, other than a spear gun, unless the person is the holder of a dangerous weapons licence on which the weapon is registered or endorsed, or the person is otherwise authorised under this Act to possess or use the weapon.  
   19.     A person shall not deal in dangerous weapons or restricted weapons unless the person is the holder of a dealer's licence.  
   21.     A licence is not required for, and a person shall be taken to be authorised to possess or use—  
   25.     The Registrar shall refuse to grant a licence under section 24—  
   26.     Where the Registrar grants a licence to—  
   27.     A licence granted under section 24 shall be in a form approved by the Registrar.  
   31.     A restricted weapons licence shall be in a form approved by the Registrar.  
   32.     If—  
   33.     A restricted weapons licence authorises the licensee to do, in respect of a restricted weapon, such of the following acts as are specified on the licence:  
   36.     The Registrar shall refuse to grant a dealer's licence if, in relation to the applicant for the licence, a ground specified in section 25 exists on which the Registrar could refuse to grant a dangerous weapons licence or corporate dangerous weapons licence.  
   37.     A dealer's licence shall be in a form approved by the Registrar.  
   38.     A dealer's licence authorises the licensee to do, in respect of a dangerous weapon or restricted weapon, such of the following acts as are specified on the licence:  
   41.     A licensed dealer shall not knowingly or recklessly—  
   43.     A licensed dealer shall not, without reasonable excuse, keep any dangerous weapon or restricted weapon in his or her possession in the course of carrying on the business of a licensed dealer at a place other than the premises to which the licence relates.  
   45.     The Registrar may, by notice in writing, require an applicant for a licence, the renewal of a licence, the registration or endorsement of a dangerous weapon on a dangerous weapons licence—  
   46.     A person to whom a licence is granted under this Part shall not, without reasonable excuse, fail to sign his or her name in the place set apart on the licence for the signature of the licensee.  
   49.     The Registrar shall, on application being made, and on payment of the determined fee, before the expiration of the term of a licence, renew the licence—  
   52.     If a licensed dealer ceases to carry on business at the address to which the licence relates the licensee shall not, without reasonable excuse, fail to surrender the licence to the Registrar within 7 days of ceasing to carry on business at that address.  

   PART IV--REGISTRATION AND ENDORSEMENT

   59.     Registration of a weapon under this Act is effected by the Registrar entering in the Register and on the licence in relation to that weapon the particulars referred to in subsection 12 (2).  
   61.     Section 58 applies in relation to the cancellation of the registration of a weapon in the same way as it applies to the refusal of an application for registration.  
   62.     Nothing in this Division shall be taken to authorise the holder of a dangerous weapons licence to apply to the Registrar for endorsement on his or her licence of a dangerous weapon that is a pistol grip weapon.  
   64.     The Registrar shall endorse a licence in accordance with section 65 if satisfied that—  
   65.     Where the Registrar approves an application under section 63, the Registrar shall endorse the licence with a description of the dangerous weapon to which the application relates and—  

   PART V--POWERS OF ENTRY, SEARCH AND SEIZURE

   PART VI--OFFENCES GENERALLY CORPORATIONS--PENALTIES

   74.     Where a body corporate is convicted of an offence against this Act or the regulations, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  
   75.     A person shall not hinder or obstruct a police officer in the exercise of his or her powers or the performance of his or her duties under this Act.  
   78.     A person shall not sell a dangerous weapon or restricted weapon to another person (being a person who ordinarily resides in a State or another Territory), unless he or she has reasonable grounds for believing that the possession in that State or other Territory of such a weapon by that other person is not proscribed by a law of that State or other Territory.  
   81.     A licensee shall not possess a dangerous weapon that is registered on a licence which has been granted to another person unless—  
   86.     A person shall not carry or use a dangerous weapon or restricted weapon—  
   89.     A person shall not have in his or her possession, or use, a dangerous weapon that has been modified otherwise than in accordance with the authority of the Registrar.  

   PART VII--MISCELLANEOUS COMPENSATION FOR SURRENDERED WEAPONS

   92.     Where, under section 53 or 58, a dangerous weapon or restricted weapon is to be taken to have been surrendered to the Registrar, the Territory shall compensate the owner of the weapon.  
   93.     If an applicant referred to in section 30, 57 or 60 produces to the Registrar a certificate signed by a licensed dealer stating that, in the opinion of a licensed dealer, the dangerous weapon the subject of the application is safe, the Registrar, in satisfying himself or herself for the purposes of that section, shall have regard to that certificate.  
   97.     In proceedings for an offence against this Act, a certificate signed by the Registrar stating that—  
   98.     Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar—  
   100.    A notice that is required to be given to the Registrar may be given—  
   101.    The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.  

   PART VIII--SAVINGS AND TRANSITIONAL INTERPRETATION

   103.    In this Part—“commencement date” means the date fixed under section 2.  
           SCHEDULE 1
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